(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Community Protection Act of 2006 - Title I: Dangerous Alien Detention Act of 2006 - (Sec. 101) Amends the Immigration and Nationality Act to permit indefinite detention of specified dangerous aliens under orders of removal who cannot be removed, subject to review every six months. States that habeas corpus review of such provisions shall be available only in the U.S. District Court for the District of Columbia after exhaustion of administrative remedies.
Authorizes the Secretary of Homeland Security to: (1) detain an alien subject to an administrative final order of removal who has been granted a stay of removal during the pendency of such stay; and (2) parole an alien ordered removed and provide that such alien not be detained unless removal becomes foreseeable or the alien violates parole conditions.
Requires that a detention review process be established for aliens under order of removal who have effected an entry and are cooperating with removal.
(Sec. 102) Authorizes indefinite detention of an inadmissible alien until such alien is subject to an administrative final order of removal. States that habeas corpus review of such provision shall be available only in the U.S. District Court for the District of Columbia after exhaustion of administrative remedies.
Title II: Criminal Alien Removal Act - (Sec. 201) Provides for expedited removal of aliens removable on criminal grounds.
Title III: Alien Gang Removal Act of 2006 - (Sec. 301) Makes an alien inadmissible for U.S. entry if: (1) such alien has been deported for criminal street gang participation; or (2) the consular officer or the Secretary knows or has reasonable grounds to believe that such alien is a member of a criminal street gang seeking U.S. entry in furtherance of gang-related crimes or activities or is a member of a designated criminal street gang.
Defines: (1) criminal street gang; and (2) gang crime.
Makes an alien deportable who: (1) is a street gang member convicted of committing or attempting to commit a gang crime; or (2) is determined by the Secretary to be a member of a designated criminal street gang.
Authorizes the Attorney General to designate a group or association as a criminal street gang. Requires the Attorney General to provide specified congressional leaders with prior notice of, and the factual basis for, such designation.
Provides for revocation of such designation by: (1) an Act of Congress; (2) the Attorney General's review based upon changed circumstances or national security; or (3) judicial appeal or petition to the Attorney General by a gang or association so designated.
(Sec. 302) Requires mandatory detention of aliens subject to removal based upon criminal street gang membership.
(Sec. 303) Makes such aliens ineligible for asylum and protection from removal to certain countries.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6094 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 6094
To restore the Secretary of Homeland Security's authority to detain
dangerous aliens, to ensure the removal of deportable criminal aliens,
and combat alien gang crime.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 19, 2006
Mr. Sensenbrenner introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To restore the Secretary of Homeland Security's authority to detain
dangerous aliens, to ensure the removal of deportable criminal aliens,
and combat alien gang crime.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Protection Act of 2006''.
TITLE I--DANGEROUS ALIEN DETENTION ACT OF 2006
SEC. 101. DETENTION OF DANGEROUS ALIENS.
Section 241(a) of the Immigration and Nationality Act (8 U.S.C.
1231(a)) is amended--
(1) by striking ``Attorney General'' each place it appears,
except for the first reference in paragraph (4)(B)(i), and
inserting ``Secretary of Homeland Security'';
(2) in paragraph (1), by adding at the end of subparagraph
(B) the following:
``If, at that time, the alien is not in the custody of
the Secretary of Homeland Security (under the authority
of this Act), the Secretary shall take the alien into
custody for removal, and the removal period shall not
begin until the alien is taken into such custody. If
the Secretary transfers custody of the alien during the
removal period pursuant to law to another Federal
agency or a State or local government agency in
connection with the official duties of such agency, the
removal period shall be tolled, and shall begin anew on
the date of the alien's return to the custody of the
Secretary, subject to clause (ii).'';
(3) by amending clause (ii) of paragraph (1)(B) to read as
follows:
``(ii) If a court, the Board of Immigration
Appeals, or an immigration judge orders a stay
of the removal of the alien, the date the stay
of removal is no longer in effect.'';
(4) by amending paragraph (1)(C) to read as follows:
``(C) Suspension of period.--The removal period
shall be extended beyond a period of 90 days and the
alien may remain in detention during such extended
period if the alien fails or refuses to make all
reasonable efforts to comply with the removal order, or
to fully cooperate with the Secretary of Homeland
Security's efforts to establish the alien's identity
and carry out the removal order, including making
timely application in good faith for travel or other
documents necessary to the alien's departure, or
conspires or acts to prevent the alien's removal
subject to an order of removal.'';
(5) in paragraph (2), by adding at the end the following:
``If a court, the Board of Immigration Appeals, or an
immigration judge orders a stay of removal of an alien who is
subject to an administratively final order of removal, the
Secretary, in the exercise of the Secretary's discretion, may
detain the alien during the pendency of such stay of
removal.'';
(6) by amending paragraph (3)(D) to read as follows:
``(D) to obey reasonable restrictions on the
alien's conduct or activities, or perform affirmative
acts, that the Secretary of Homeland Security
prescribes for the alien, in order to prevent the alien
from absconding, or for the protection of the
community, or for other purposes related to the
enforcement of the immigration laws.'';
(7) in paragraph (6), by striking ``removal period and, if
released,'' and inserting ``removal period, in the discretion
of the Secretary of Homeland Security, without any limitations
other than those specified in this section, until the alien is
removed. If an alien is released, the alien''; and
(8) by redesignating paragraph (7) as paragraph (10) and
inserting after paragraph (6) the following:
``(7) Parole.--If an alien detained pursuant to paragraph
(6) is an applicant for admission, the Secretary of Homeland
Security, in the Secretary's discretion, may parole the alien
under section 212(d)(5) and may provide, notwithstanding such
section, that the alien shall not be returned to custody unless
either the alien violates the conditions of the alien's parole
or the alien's removal becomes reasonably foreseeable, but in
no circumstance shall such alien be considered admitted.
``(8) Additional rules for detention or release of certain
aliens who have made an entry.--The following procedures apply
only with respect to an alien who has effected an entry into
the United States. These procedures do not apply to any other
alien detained pursuant to paragraph (6):
``(A) Establishment of a detention review process
for aliens who fully cooperate with removal.--For an
alien who has made all reasonable efforts to comply
with a removal order and to cooperate fully with the
Secretary of Homeland Security's efforts to establish
the alien's identity and carry out the removal order,
including making timely application in good faith for
travel or other documents necessary to the alien's
departure, and has not conspired or acted to prevent
removal, the Secretary shall establish an
administrative review process to determine whether the
alien should be detained or released on conditions. The
Secretary shall make a determination whether to release
an alien after the removal period in accordance with
subparagraph (B). The determination shall include
consideration of any evidence submitted by the alien,
and may include consideration of any other evidence,
including any information or assistance provided by the
Secretary of State or other Federal official and any
other information available to the Secretary of
Homeland Security pertaining to the ability to remove
the alien.
``(B) Authority to detain beyond the removal
period.--
``(i) In general.--The Secretary of
Homeland Security, in the exercise of the
Secretary's discretion, without any limitations
other than those specified in this section, may
continue to detain an alien for 90 days beyond
the removal period (including any extension of
the removal period as provided in paragraph
(1)(C)).
``(ii) Specific circumstances.--The
Secretary of Homeland Security, in the exercise
of the Secretary's discretion, without any
limitations other than those specified in this
section, may continue to detain an alien beyond
the 90 days authorized in clause (i)--
``(I) until the alien is removed,
if the Secretary determines that there
is a significant likelihood that the
alien--
``(aa) will be removed in
the reasonably foreseeable
future; or
``(bb) would be removed in
the reasonably foreseeable
future, or would have been
removed, but for the alien's
failure or refusal to make all
reasonable efforts to comply
with the removal order, or to
cooperate fully with the
Secretary's efforts to
establish the aliens' identity
and carry out the removal
order, including making timely
application in good faith for
travel or other documents
necessary to the alien's
departure, or conspiracies or
acts to prevent removal;
``(II) until the alien is removed,
if the Secretary of Homeland Security
certifies in writing--
``(aa) in consultation with
the Secretary of Health and
Human Services, that the alien
has a highly contagious disease
that poses a threat to public
safety;
``(bb) after receipt of a
written recommendation from the
Secretary of State, that
release of the alien is likely
to have serious adverse foreign
policy consequences for the
United States;
``(cc) based on information
available to the Secretary of
Homeland Security (including
classified, sensitive, or
national security information,
and without regard to the
grounds upon which the alien
was ordered removed), that
there is reason to believe that
the release of the alien would
threaten the national security
of the United States; or
``(dd) that the release of
the alien will threaten the
safety of the community or any
person, conditions of release
cannot reasonably be expected
to ensure the safety of the
community or any person, and
either (AA) the alien has been
convicted of one or more
aggravated felonies (as defined
in section 101(a)(43)(A)) or of
one or more crimes identified
by the Secretary of Homeland
Security by regulation, or of
one or more attempts or
conspiracies to commit any such
aggravated felonies or such
identified crimes, if the
aggregate term of imprisonment
for such attempts or
conspiracies is at least 5
years; or (BB) the alien has
committed one or more crimes of
violence (as defined in section
16 of title 18, United States
Code, but not including a
purely political offense) and,
because of a mental condition
or personality disorder and
behavior associated with that
condition or disorder, the
alien is likely to engage in
acts of violence in the future;
or
``(ee) that the release of
the alien will threaten the
safety of the community or any
person, conditions of release
cannot reasonably be expected
to ensure the safety of the
community or any person, and
the alien has been convicted of
at least one aggravated felony
(as defined in section
101(a)(43)); or
``(III) pending a determination
under subclause (II), so long as the
Secretary of Homeland Security has
initiated the administrative review
process not later than 30 days after
the expiration of the removal period
(including any extension of the removal
period, as provided in subsection
(a)(1)(C)).
``(C) Renewal and delegation of certification.--
``(i) Renewal.--The Secretary of Homeland
Security may renew a certification under
subparagraph (B)(ii)(II) every 6 months without
limitation, after providing an opportunity for
the alien to request reconsideration of the
certification and to submit documents or other
evidence in support of that request. If the
Secretary does not renew a certification, the
Secretary may not continue to detain the alien
under subparagraph (B)(ii)(II).
``(ii) Delegation.--Notwithstanding section
103, the Secretary of Homeland Security may not
delegate the authority to make or renew a
certification described in item (bb), (cc), or
(ee) of subparagraph (B)(ii)(II) below the
level of the Assistant Secretary for
Immigration and Customs Enforcement.
``(iii) Hearing.--The Secretary of Homeland
Security may request that the Attorney General
or the Attorney General's designee provide for
a hearing to make the determination described
in item (dd)(BB) of subparagraph (B)(ii)(II).
``(D) Release on conditions.--If it is determined
that an alien should be released from detention, the
Secretary of Homeland Security, in the exercise of the
Secretary's discretion, may impose conditions on
release as provided in paragraph (3).
``(E) Redetention.--The Secretary of Homeland
Security, in the exercise of the Secretary's
discretion, without any limitations other than those
specified in this section, may again detain any alien
subject to a final removal order who is released from
custody if the alien fails to comply with the
conditions of release, or to continue to satisfy the
conditions described in subparagraph (A), or if, upon
reconsideration, the Secretary determines that the
alien can be detained under subparagraph (B).
Paragraphs (6) through (8) shall apply to any alien
returned to custody pursuant to this subparagraph, as
if the removal period terminated on the day of the
redetention.
``(F) Certain aliens who effected entry.--If an
alien has effected an entry, but has neither been
lawfully admitted nor has been physically present in
the United States continuously for the 2-year period
immediately prior to the commencement of removal
proceedings under this Act or deportation proceedings
against the alien, the Secretary of Homeland Security,
in the exercise of the Secretary's discretion, may
decide not to apply paragraph (8) and detain the alien
without any limitations except those which the
Secretary shall adopt by regulation.
``(9) Judicial review.--Without regard to the place of
confinement, judicial review of any action or decision pursuant
to paragraphs (6), (7), or (8) shall be available exclusively
in habeas corpus proceedings instituted in the United States
District Court for the District of Columbia, and only if the
alien has exhausted all administrative remedies (statutory and
regulatory) available to the alien as of right.''.
SEC. 102. DETENTION OF ALIENS DURING REMOVAL PROCEEDINGS.
(a) Detention Authority.--Section 235 of the Immigration and
Nationality Act (8 U.S.C. 1225) is amended by adding at the end the
following:
``(e) Length of Detention.--
``(1) In general.--With regard to length of detention, an
alien may be detained under this section, without limitation,
until the alien is subject to an administratively final order
of removal.
``(2) Construction.--The length of detention under this
section shall not affect the validity of any detention under
section 241.
``(f) Judicial Review.--Without regard to the place of confinement,
judicial review of any action or decision made pursuant to subsection
(e) shall be available exclusively in a habeas corpus proceeding
instituted in the United States District Court for the District of
Columbia and only if the alien has exhausted all administrative
remedies (statutory and nonstatutory) available to the alien as of
right.''.
(b) Judicial Review.--Section 236(e) of such Act (8 U.S.C. 1226(e))
is amended by adding at the end the following: ``Without regard to the
place of confinement, judicial review of any action or decision made
pursuant to subsection (f) shall be available exclusively in a habeas
corpus proceeding instituted in the United States District Court for
the District of Columbia and only if the alien has exhausted all
administrative remedies (statutory and nonstatutory) available to the
alien as of right.''.
(c) Length of Detention.--Section 236 of such Act (8 U.S.C. 1226)
is amended by adding at the end the following:
``(f) Length of Detention.--
``(1) In general.--With regard to length of detention, an
alien may be detained under this section, without limitation,
until the alien is subject to an administratively final order
of removal.
``(2) Construction.--The length of detention under this
section shall not affect the validity of any detention under
section 241 of this Act.''.
SEC. 103. SEVERABILITY.
If any provision of this title, or any amendment made by this
title, or the application of any such provision to any person or
circumstance, is held to be invalid for any reason, the remainder of
this title, and of the amendments made by this title, and the
application of the provisions and of the amendments made by this title
to any other person or circumstance, shall not be affected by such
holding.
SEC. 104. EFFECTIVE DATES.
(a) Section 101.--The amendments made by section 101 shall take
effect on the date of the enactment of this Act, and section 241 of the
Immigration and Nationality Act, as amended, shall apply to--
(1) all aliens subject to a final administrative removal,
deportation, or exclusion order that was issued before, on, or
after the date of the enactment of this Act; and
(2) acts and conditions occurring or existing before, on,
or after the date of the enactment of this Act.
(b) Section 102.--The amendments made by section 102 shall take
effect upon the date of the enactment of this Act, and sections 235 and
236 of the Immigration and Nationality Act, as amended, shall apply to
any alien in detention under provisions of such sections on or after
the date of the enactment of this Act.
TITLE II--CRIMINAL ALIEN REMOVAL ACT
SEC. 201. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE ON CRIMINAL
GROUNDS.
(a) In General.--Section 238(b) of the Immigration and Nationality
Act (8 U.S.C. 1228(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security in the exercise of
discretion''; and
(B) by striking ``set forth in this subsection or''
and inserting ``set forth in this subsection, in lieu
of removal proceedings under'';
(2) in paragraph (3), by striking ``paragraph (1) until 14
calendar days'' and inserting ``paragraph (1) or (3) until 7
calendar days'';
(3) by striking ``Attorney General'' each place it appears
in paragraphs (3) and (4) and inserting ``Secretary of Homeland
Security'';
(4) in paragraph (5)--
(A) by striking ``described in this section'' and
inserting ``described in paragraph (1) or (2)''; and
(B) by striking ``the Attorney General may grant in
the Attorney General's discretion'' and inserting ``the
Secretary of Homeland Security or the Attorney General
may grant, in the discretion of the Secretary or
Attorney General, in any proceeding'';
(5) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively; and
(6) by inserting after paragraph (2) the following new
paragraph:
``(3) The Secretary of Homeland Security in the exercise of
discretion may determine inadmissibility under section
212(a)(2) (relating to criminal offenses) and issue an order of
removal pursuant to the procedures set forth in this
subsection, in lieu of removal proceedings under section 240,
with respect to an alien who--
``(A) has not been admitted or paroled;
``(B) has not been found to have a credible fear of
persecution pursuant to the procedures set forth in
section 235(b)(1)(B); and
``(C) is not eligible for a waiver of
inadmissibility or relief from removal.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act but shall not
apply to aliens who are in removal proceedings under section 240 of the
Immigration and Nationality Act as of such date.
TITLE III--ALIEN GANG REMOVAL ACT OF 2006
SEC. 301. RENDERING INADMISSIBLE AND DEPORTABLE ALIENS PARTICIPATING IN
CRIMINAL STREET GANGS.
(a) Inadmissible.--Section 212(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end
the following:
``(J) Criminal street gang participation.--
``(i) In general.--Any alien is
inadmissible if--
``(I) the alien has been removed
under section 237(a)(2)(F); or
``(II) the consular officer or the
Secretary of Homeland Security knows,
or has reasonable ground to believe
that the alien--
``(aa) is a member of a
criminal street gang and has
committed, conspired, or
threatened to commit, or seeks
to enter the United States to
engage solely, principally, or
incidentally in, a gang crime
or any other unlawful activity;
or
``(bb) is a member of a
criminal street gang designated
under section 219A.
``(ii) Definitions.--For purposes of this
subparagraph:
``(I) Criminal street gang.--The
term `criminal street gang' means a
formal or informal group or association
of 3 or more individuals, who commit 2
or more gang crimes (one of which is a
crime of violence, as defined in
section 16 of title 18, United States
Code) in 2 or more separate criminal
episodes in relation to the group or
association.
``(II) Gang crime.--The term `gang
crime' means conduct constituting any
Federal or State crime, punishable by
imprisonment for one year or more, in
any of the following categories:
``(aa) A crime of violence
(as defined in section 16 of
title 18, United States Code).
``(bb) A crime involving
obstruction of justice,
tampering with or retaliating
against a witness, victim, or
informant, or burglary.
``(cc) A crime involving
the manufacturing, importing,
distributing, possessing with
intent to distribute, or
otherwise dealing in a
controlled substance or listed
chemical (as those terms are
defined in section 102 of the
Controlled Substances Act (21
U.S.C. 802)).
``(dd) Any conduct
punishable under section 844 of
title 18, United States Code
(relating to explosive
materials), subsection (d),
(g)(1) (where the underlying
conviction is a violent felony
(as defined in section
924(e)(2)(B) of such title) or
is a serious drug offense (as
defined in section
924(e)(2)(A)), (i), (j), (k),
(o), (p), (q), (u), or (x) of
section 922 of such title
(relating to unlawful acts), or
subsection (b), (c), (g), (h),
(k), (l), (m), or (n) of
section 924 of such title
(relating to penalties),
section 930 of such title
(relating to possession of
firearms and dangerous weapons
in Federal facilities), section
931 of such title (relating to
purchase, ownership, or
possession of body armor by
violent felons), sections 1028
and 1029 of such title
(relating to fraud and related
activity in connection with
identification documents or
access devices), section 1952
of such title (relating to
interstate and foreign travel
or transportation in aid of
racketeering enterprises),
section 1956 of such title
(relating to the laundering of
monetary instruments), section
1957 of such title (relating to
engaging in monetary
transactions in property
derived from specified unlawful
activity), or sections 2312
through 2315 of such title
(relating to interstate
transportation of stolen motor
vehicles or stolen property).
``(ee) Any conduct
punishable under section 274
(relating to bringing in and
harboring certain aliens),
section 277 (relating to aiding
or assisting certain aliens to
enter the United States), or
section 278 (relating to
importation of alien for
immoral purpose) of this
Act.''.
(b) Deportable.--Section 237(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end
the following:
``(F) Criminal street gang participation.--
``(i) In general.--Any alien is deportable
who--
``(I) is a member of a criminal
street gang and is convicted of
committing, or conspiring, threatening,
or attempting to commit, a gang crime;
or
``(II) is determined by the
Secretary of Homeland Security to be a
member of a criminal street gang
designated under section 219A.
``(ii) Definitions.--For purposes of this
subparagraph, the terms `criminal street gang'
and `gang crime' have the meaning given such
terms in section 212(a)(2)(J)(ii).''.
(c) Designation of Criminal Street Gangs.--
(1) In general.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by
adding at the end the following:
``designation of criminal street gangs
``Sec. 219A. (a) Designation.--
``(1) In general.--The Attorney General is authorized to
designate a group or association as a criminal street gang in
accordance with this subsection if the Attorney General finds
that the group or association meets the criteria described in
section 212(a)(2)(J)(ii)(I).
``(2) Procedure.--
``(A) Notice.--
``(i) To congressional leaders.--Seven days
before making a designation under this
subsection, the Attorney General shall, by
classified communication, notify the Speaker
and Minority Leader of the House of
Representatives, the President pro tempore,
Majority Leader, and Minority Leader of the
Senate, and the members of the relevant
committees of the House of Representatives and
the Senate, in writing, of the intent to
designate a group or association under this
subsection, together with the findings made
under paragraph (1) with respect to that group
or association, and the factual basis therefor.
``(ii) Publication in federal register.--
The Attorney shall publish the designation in
the Federal Register seven days after providing
the notification under clause (i).
``(B) Effect of designation.--
``(i) A designation under this subsection
shall take effect upon publication under
subparagraph (A)(ii).
``(ii) Any designation under this
subsection shall cease to have effect upon an
Act of Congress disapproving such designation.
``(3) Record.--In making a designation under this
subsection, the Attorney General shall create an administrative
record.
``(4) Period of designation.--
``(A) In general.--A designation under this
subsection shall be effective for all purposes until
revoked under paragraph (5) or (6) or set aside
pursuant to subsection (b).
``(B) Review of designation upon petition.--
``(i) In general.--The Attorney General
shall review the designation of a criminal
street gang under the procedures set forth in
clauses (iii) and (iv) if the designated gang
or association files a petition for revocation
within the petition period described in clause
(ii).
``(ii) Petition period.--For purposes of
clause (i)--
``(I) if the designated gang or
association has not previously filed a
petition for revocation under this
subparagraph, the petition period
begins 2 years after the date on which
the designation was made; or
``(II) if the designated gang or
association has previously filed a
petition for revocation under this
subparagraph, the petition period
begins 2 years after the date of the
determination made under clause (iv) on
that petition.
``(iii) Procedures.--Any criminal street
gang that submits a petition for revocation
under this subparagraph must provide evidence
in that petition that the relevant
circumstances described in paragraph (1) are
sufficiently different from the circumstances
that were the basis for the designation such
that a revocation with respect to the gang is
warranted.
``(iv) Determination.--
``(I) In general.--Not later than
180 days after receiving a petition for
revocation submitted under this
subparagraph, the Attorney General
shall make a determination as to such
revocation.
``(II) Publication of
determination.--A determination made by
the Attorney General under this clause
shall be published in the Federal
Register.
``(III) Procedures.--Any revocation
by the Attorney General shall be made
in accordance with paragraph (6).
``(C) Other review of designation.--
``(i) In general.--If in a 5-year period no
review has taken place under subparagraph (B),
the Attorney General shall review the
designation of the criminal street gang in
order to determine whether such designation
should be revoked pursuant to paragraph (6).
``(ii) Procedures.--If a review does not
take place pursuant to subparagraph (B) in
response to a petition for revocation that is
filed in accordance with that subparagraph,
then the review shall be conducted pursuant to
procedures established by the Attorney General.
The results of such review and the applicable
procedures shall not be reviewable in any
court.
``(iii) Publication of results of review.--
The Attorney General shall publish any
determination made pursuant to this
subparagraph in the Federal Register.
``(5) Revocation by act of congress.--The Congress, by an
Act of Congress, may block or revoke a designation made under
paragraph (1).
``(6) Revocation based on change in circumstances.--
``(A) In general.--The Attorney General may revoke
a designation made under paragraph (1) at any time, and
shall revoke a designation upon completion of a review
conducted pursuant to subparagraphs (B) and (C) of
paragraph (4) if the Attorney General finds that--
``(i) the circumstances that were the basis
for the designation have changed in such a
manner as to warrant revocation; or
``(ii) the national security of the United
States warrants a revocation.
``(B) Procedure.--The procedural requirements of
paragraphs (2) and (3) shall apply to a revocation
under this paragraph. Any revocation shall take effect
on the date specified in the revocation or upon
publication in the Federal Register if no effective
date is specified.
``(7) Effect of revocation.--The revocation of a
designation under paragraph (5) or (6) shall not affect any
action or proceeding based on conduct committed prior to the
effective date of such revocation.
``(8) Use of designation in hearing.--If a designation
under this subsection has become effective under paragraph
(2)(B) an alien in a removal proceeding shall not be permitted
to raise any question concerning the validity of the issuance
of such designation as a defense or an objection at any
hearing.
``(b) Judicial Review of Designation.--
``(1) In general.--Not later than 30 days after publication
of the designation in the Federal Register, a group or
association designated as a criminal street gang may seek
judicial review of the designation in the United States Court
of Appeals for the District of Columbia Circuit.
``(2) Basis of review.--Review under this subsection shall
be based solely upon the administrative record.
``(3) Scope of review.--The Court shall hold unlawful and
set aside a designation the court finds to be--
``(A) arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law;
``(B) contrary to constitutional right, power,
privilege, or immunity;
``(C) in excess of statutory jurisdiction,
authority, or limitation, or short of statutory right;
``(D) lacking substantial support in the
administrative record taken as a whole; or
``(E) not in accord with the procedures required by
law.
``(4) Judicial review invoked.--The pendency of an action
for judicial review of a designation shall not affect the
application of this section, unless the court issues a final
order setting aside the designation.
``(c) Relevant Committee Defined.--As used in this section, the
term `relevant committees' means the Committees on the Judiciary of the
House of Representatives and of the Senate.''.
(2) Clerical amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 219 the
following:
``Sec. 219A. Designation of criminal street gangs.''.
SEC. 302. MANDATORY DETENTION OF SUSPECTED CRIMINAL STREET GANG
MEMBERS.
(a) In General.--Section 236(c)(1)(D) of the Immigration and
Nationality Act (8 U.S.C. 1226(c)(1)(D)) is amended--
(1) by inserting ``or 212(a)(2)(J)'' after
``212(a)(3)(B)''; and
(2) by inserting ``or 237(a)(2)(F)'' before
``237(a)(4)(B)''.
(b) Annual Report.--Not later than March 1 of each year (beginning
1 year after the date of the enactment of this Act), the Secretary of
Homeland Security, after consultation with the appropriate Federal
agencies, shall submit a report to the Committees on the Judiciary of
the House of Representatives and of the Senate on the number of aliens
detained under the amendments made by subsection (a).
SEC. 303. INELIGIBILITY FROM PROTECTION FROM REMOVAL AND ASYLUM.
(a) Inapplicability of Restriction on Removal to Certain
Countries.--Section 241(b)(3)(B) of the Immigration and Nationality Act
(8 U.S.C. 1251(b)(3)(B)) is amended, in the matter preceding clause
(i), by inserting ``who is described in section 212(a)(2)(J)(i) or
section 237(a)(2)(F)(i) or who is'' after ``to an alien''.
(b) Ineligibility for Asylum.--Section 208(b)(2)(A) of such Act (8
U.S.C. 1158(b)(2)(A)) is amended--
(1) in clause (v), by striking ``or'' at the end;
(2) by redesignating clause (vi) as clause (vii); and
(3) by inserting after clause (v) the following:
``(vi) the alien is described in section
212(a)(2)(J)(i) or section 237(a)(2)(F)(i)
(relating to participation in criminal street
gangs); or''.
(c) Denial of Review of Determination of Ineligibility for
Temporary Protected Status.--Section 244(c)(2) of such Act (8 U.S.C.
1254(c)(2)) is amended by adding at the end the following:
``(C) Limitation on judicial review.--There shall
be no judicial review of any finding under subparagraph
(B) that an alien is in described in section
208(b)(2)(A)(vi).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Rules Committee Resolution H. Res. 1018 Reported to House. Rule provides for consideration of H.R. 4830, H.R. 6094 and H.R. 6095. In each case, the bill shall be considered as read; no amendments shall be in order; and the previous question shall be considered as ordered to final passage, without intervening motion, except one motion to recommit.
Considered under the provisions of rule H. Res. 1018. (consideration: CR H6869-6879)
Rule provides for consideration of H.R. 4830, H.R. 6094 and H.R. 6095. In each case, the bill shall be considered as read; no amendments shall be in order; and the previous question shall be considered as ordered to final passage, without intervening motion, except one motion to recommit.
DEBATE - The House proceeded with one hour of debate on H.R. 6094.
The previous question was ordered pursuant to the rule. (consideration: CR H6876)
Mr. Gutierrez moved to recommit with instructions to Judiciary. (consideration: CR H6876; text: CR H6876)
DEBATE - The House proceeded with 10 minutes of debate on the Gutierrez motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment inserting a new section entitled Provision of Additional Resources to Apprehend Criminal Aliens.
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Point of order sustained against the motion to recommit with instructions.
Mr. Sensenbrenner raised a point of order against the motion to recommit with instructions. Mr. Sensenbrenner stated that the provisions of the instructions were not germane to the bill. Sustained by the Chair.
Mr. Gutierrez appealed the ruling of the chair. The question was then put on sustaining the ruling of the chair.
Mr. Sensenbrenner moved to table the motion to appeal the ruling of the chair
On motion to table the motion to appeal the ruling of the chair Agreed to by the Yeas and Nays: 225 - 195 (Roll no. 464).
Roll Call #464 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 328 - 95 (Roll no. 465).(text: CR H6869-6872)
Roll Call #465 (House)On passage Passed by the Yeas and Nays: 328 - 95 (Roll no. 465). (text: CR H6869-6872)
Roll Call #465 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.