Deport Convicted Foreign Criminals Act of 2011 - Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security (DHS) to report quarterly to Congress regarding each country that has refused or unreasonably delayed repatriation of an alien who is a citizen, subject, national, or resident of such country. Requires a report to include the aliens' detention and criminal status.
Prohibits the Secretary of State, upon the passage of specified periods of time, from issuing certain nonimmigrant (including certain diplomatic) visas and immigrant visas to a citizen, subject, national, or resident of a listed country.
Directs the Secretary of Homeland Security to notify the chief law enforcement officer of the state and of the local jurisdiction in which an alien who has been detained by the United States is released. Defines "alien" as an individual who has been detained by the United States and has received a final order of removal but has not been removed.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3256 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3256
To amend the Immigration and Nationality Act to clarify the law
prohibiting the Secretary of State from issuing certain visas to
nationals of countries that refuse or unreasonably delay repatriation,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 25, 2011
Mr. Poe of Texas (for himself, Mrs. Ellmers, Mr. Pitts, Mr.
Westmoreland, Mr. Marchant, Mr. King of Iowa, Mr. Ross of Florida, and
Mr. Jones) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to clarify the law
prohibiting the Secretary of State from issuing certain visas to
nationals of countries that refuse or unreasonably delay repatriation,
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 ``Deport Convicted Foreign Criminals
Act of 2011''.
SEC. 2. DISCONTINUING GRANTING CERTAIN VISAS TO NATIONALS OF COUNTRY
DENYING OR DELAYING ACCEPTING ALIENS.
(a) Discontinuing Granting Certain Visas to Nationals of Country
Denying or Delaying Accepting Aliens.--Section 241(b) of the
Immigration and Nationality Act (8 U.S.C. 1253(b)) is amended by adding
at the end the following:
``(4) Discontinuing granting certain visas to nationals of
country denying or delaying accepting aliens.--
``(A) Quarterly reports.--
``(i) In general.--Not later than 90 days
after the date of the enactment of the Deport
Convicted Foreign Criminals Act of 2011, and
every 90 days thereafter, the Secretary of
Homeland Security shall submit a report to the
Congress that--
``(I) lists each country that has,
during the 90-day period immediately
preceding submission of the report,
refused or unreasonably delayed
repatriation of an alien who is a
citizen, subject, national, or resident
of such country;
``(II) includes the total number of
aliens described under subclause (I)
whose removal was refused or
unreasonably delayed, disaggregated
by--
``(aa) country;
``(bb) detention status;
and
``(cc) criminal status; and
``(III) lists, in a distinct
section of the report, each country
that was listed--
``(aa) under subclause (I)
in this report; and
``(bb) in the report
submitted immediately preceding
this report.
``(ii) Refuses or unreasonably delays.--A
country is deemed to have refused or
unreasonably delayed the acceptance of an alien
who is a citizen, subject, national, or
resident of that country if not later than 90
days after receiving a request to repatriate
such alien from an official of the United
States who is authorized to make such a
request, the country does not accept the alien.
``(iii) Compliance by issuance of travel
documents.--A country that is listed pursuant
to clause (i)(I) may not be listed pursuant to
clause (i)(III) in the report (in this clause
referred to as the `later report') submitted
immediately subsequent to the report in which
the country is so listed if the country issues
appropriate travel documents not later than 60
days after the submission of the first report
referred to in this clause on behalf of--
``(I) not less than 90 percent of
the number of aliens who were included
in the later report, pursuant to
subparagraph (A)(i)(II), for that
country; or
``(II) each alien who was included
in the later report, pursuant to
subparagraph (A)(i)(II), for that
country, except for not more than 10
such aliens who are noncriminal aliens.
``(B) Limitation on issuance of visas.--Beginning
on the date that the second report has been submitted
under subparagraph (A), the Secretary of State may not
issue to a citizen, subject, national, or resident of a
country (other than an alien seeking refugee status)--
``(i) beginning on the date that a country
is listed pursuant to subparagraph (A)(i)(III),
a nonimmigrant visa pursuant to subparagraph
(A) or (G) of section 101(a)(15), except that
the ambassador of such country to the United
States may be issued a visa pursuant to such
subparagraph (A);
``(ii) beginning 90 days after the
restriction in clause (i) has applied to such
country, a nonimmigrant visa pursuant to
subparagraph (F), (J), (M), or (O) of section
101(a)(15);
``(iii) beginning 90 days after the
restriction in clause (ii) has applied to such
country, an immigrant visa as a diversity
immigrant under section 203(c);
``(iv) beginning 90 days after the
restriction in clause (iii) has applied to such
country, a nonimmigrant visa pursuant to
subparagraph (H), (L), or (P) of section
101(a)(15);
``(v) beginning 90 days after the
restriction in clause (iv) has applied to such
country, an immigrant visa as an employment-
based immigrant under section 203(b);
``(vi) beginning 90 days after the
restriction in clause (v) has applied to such
country, any nonimmigrant visa; and
``(vii) beginning 90 days after the
restriction in clause (vi) has applied to such
country, any immigrant visa.
``(C) Period of sanction.--Except as provided under
subparagraph (D), if a country is listed pursuant to
subparagraph (A)(i)(III), subparagraph (B) shall apply
with regard to the issuance of a visa by the Secretary
of State to a citizen, subject, national, or resident
of such country until the earlier of--
``(i) a report is submitted under
subparagraph (A) and the country is not listed
pursuant to clause (i)(III) of such
subparagraph;
``(ii) the country issues appropriate
travel documents on behalf of and accepts each
alien who is a citizen, subject, national, or
resident of such country and whose repatriation
the country has refused or unreasonably
delayed; or
``(iii) the enactment into law of a joint
resolution in accordance with subparagraph (E)
providing for the waiver of this paragraph with
respect to such country.
``(D) Periodic adjustment.--In the case of any
country that is subject to a restriction on visa
issuance under subparagraph (B) following submission of
a report (in this subparagraph referred to as the
`original report') under subparagraph (A), the
Secretary of State may reverse the restriction under
subparagraph (B) that was most recently applied to that
country--
``(i) only if, in the report submitted
immediately subsequent to the original report,
the country has accepted 50 percent of the
aliens who were included in the original
report, pursuant to subparagraph (A)(ii), for
that country; and
``(ii) the Secretary may not reverse a
restriction under subparagraph (B)(i).
``(E) Waiver.--
``(i) Request.--The President or a designee
of the President may submit a written request
to Congress that this subsection be waived,
wholly or in part, with respect to any country.
``(ii) Congressional action.--Each House of
Congress shall take action on a joint
resolution approving the waiver request not
later than 20 days after receiving that
request.
``(F) Effect of unauthorized issuance.--Any visa
issued in violation of this paragraph shall be null and
void.''.
(b) Conforming Amendment.--Section 243 of the Immigration and
Nationality Act (8 U.S.C. 1253) is amended by striking subsection (d).
SEC. 3. NOTICE TO STATE AND LOCAL LAW ENFORCEMENT.
(a) Notice.--
(1) In general.--In the case of an alien described in
paragraph (2), if that alien is released, the Secretary of
Homeland Security shall provide notice as soon as practicable
to the chief law enforcement officer of the State and of the
local jurisdiction in which that alien is released.
(2) Alien described.--An alien is described in this
paragraph if the alien has been detained by the United States
and has received a final order of removal under chapter 4 of
the Immigration and Nationality Act (8 U.S.C. 1221 et seq.) and
has not been removed.
(b) Information Contained in Notice.--The notice under subsection
(a) shall include the following information, if available, about each
alien:
(1) If the alien was released by reason of the refusal of a
country of which the alien is a citizen, subject, national, or
resident to accept that alien, an explanation by the Secretary
of Homeland Security detailing--
(A) how the sanctions under section 241(b)(4) of
the Immigration and Nationality Act (8 U.S.C.
1253(b)(4)) were applied to that country; and
(B) how such sanctions may be enhanced in order to
secure the cooperation of that country in accepting
that alien.
(2) Name.
(3) Location where the alien is released.
(4) Date of release.
(5) Country of nationality.
(6) Detention status.
(7) Criminal history, including probation and parole
information.
SEC. 4. INSPECTOR GENERAL REPORT.
On date that is 1 day after the date that the President submits a
budget under section 1105(a) of title 31, United States Code, for
fiscal year 2014, the Inspector General of the Department of Homeland
Security shall submit a report to Congress regarding whether or not the
Secretary of Homeland Security is faithfully executing this Act and the
amendments made by this Act, and is making requests to repatriate
aliens as appropriate.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR H7015-7016)
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration Policy and Enforcement.
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