Immigration Backlog Reduction Act of 2011 - Amends the Immigration and Nationality Act to set forth provisions regarding the expedited removal of: (1) inadmissible arriving aliens, and (2) criminal aliens.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2952 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2952
To provide for expedited removal of certain aliens, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 2011
Mr. Hunter (for himself, Mr. Burton of Indiana, Mr. Ross of Florida,
Mr. Cravaack, Mr. Brooks, Mr. Westmoreland, Mr. Miller of Florida, Mr.
Latta, Mr. McKinley, Mr. Gingrey of Georgia, Mr. Johnson of Ohio, Mr.
Royce, Mr. Duncan of Tennessee, Mr. Fleming, Mr. Posey, Mr. Gohmert,
Mr. Flores, Mr. Duncan of South Carolina, Mrs. Lummis, Mr. Roe of
Tennessee, and Mr. Scalise) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for expedited removal of certain aliens, and for other
purposes.
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 ``Immigration Backlog Reduction Act of
2011''.
SEC. 2. EXPEDITED REMOVAL OF INADMISSIBLE ARRIVING ALIENS.
Section 235(b)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(A)) is amended by striking clauses (i) through (iii)
and inserting the following:
``(i) In general.--If an immigration
officer determines that an alien (other than an
alien described in subparagraph (F)) who is
arriving in the United States, or who has not
been admitted or paroled into the United States
and has not been physically present in the
United States continuously for the 4-year
period immediately prior to the date of the
determination of inadmissibility under this
paragraph, is inadmissible under section
212(a)(6)(C) or 212(a)(7), the officer shall
order the alien removed from the United States
without further hearing or review, unless--
``(I) the alien has been charged
with a crime;
``(II) the Secretary determines
that the alien presents a significant
risk to national security; or
``(III) the alien indicates an
intention to apply for asylum under
section 208 or a credible fear of
persecution and the officer determines
that the alien has been physically
present in the United States for less
than 1 year.
``(ii) Claims for asylum.--If an
immigration officer determines that an alien
(other than an alien described in subparagraph
(F)) who is arriving in the United States, or
who has not been admitted or paroled into the
United States and has not been physically
present in the United States continuously for
the 4-year period immediately prior to the date
of the determination of inadmissibility under
this paragraph, is inadmissible under section
212(a)(6)(C) or 212(a)(7), and the alien
indicates either an intention to apply for
asylum under section 208 or a credible fear of
persecution, the officer shall refer the alien
for an interview by an asylum officer under
subparagraph (B) if the officer determines that
the alien has been physically present in the
United States for less than 1 year.''.
SEC. 3. EXPEDITED REMOVAL OF CRIMINAL ALIENS.
(a) In General.--Section 238 of the Immigration and Nationality Act
(8 U.S.C. 1228) is amended--
(1) by amending the section heading to read as follows:
``expedited removal of criminal aliens'';
(2) in subsection (a), by amending the subsection heading
to read as follows: ``Expedited Removal From Correctional
Facilities'';
(3) in subsection (b), by amending the subsection heading
to read as follows: ``Removal of Criminal Aliens'';
(4) in subsection (b), by striking paragraphs (1) and (2)
and inserting the following:
``(1) The Secretary of Homeland Security may, in the case
of an alien described in paragraph (2), determine the
deportability of such alien and issue an order of removal
pursuant to the procedures set forth in this subsection or
section 240.
``(2) An alien is described in this paragraph if the alien,
whether or not admitted into the United States--
``(A) was convicted of any criminal offense
described in subparagraph (A)(iii), (C), or (D) of
section 237(a)(2); and
``(B) at the time of the commission of the offense
of which that alien was convicted, that alien was--
``(i) not lawfully admitted for permanent
residence; or
``(ii) had permanent resident status on a
conditional basis (as described in section
216).'';
(5) in the first subsection (c) (relating to presumption of
deportability), by striking ``convicted of an aggravated
felony'' and inserting ``described in paragraph (b)(2)''; and
(6) by redesignating the second subsection (c) (relating to
judicial removal) as subsection (d).
(b) Limit on Injunctive Relief.--Section 242(f)(2) of such Act (8
U.S.C. 1252(f)(2)) is amended by inserting ``or stay, whether
temporarily or otherwise,'' after ``enjoin''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration Policy and Enforcement.
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