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To amend the Immigration and Nationality Act to provide for confinement in a Federal facility of illegal aliens sentenced to imprisonment under State law and to authorize the Attorney General to deport aliens sentenced to imprisonment before the completion of the sentence.

June 16, 1993

Mr. SCHUMER introduced the following bill; which was referred to the Committee on the Judiciary

To amend the Immigration and Nationality Act to provide for confinement in a Federal facility of illegal aliens sentenced to imprisonment under State law and to authorize the Attorney General to deport aliens sentenced to imprisonment before the completion of the sentence.

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 `Criminal Aliens Incarceration Act of 1993'.

SEC. 2. DEPORTATION PRIOR TO COMPLETION OF SENTENCE OF IMPRISONMENT.

Section 242(h) of the Immigration and Nationality Act (8 U.S.C. 1252(h)) is amended to read as follows:

`(h)(1) Except as provided in paragraph (2), an alien sentenced to imprisonment may not be deported until such imprisonment has been terminated by the release of the alien from confinement. Parole, supervised release, probation, or possibility of rearrest or further confinement in respect of the same offense shall not be a ground for deferral of deportation.

`(2) The Attorney General may deport an alien prior to the completion of a sentence of imprisonment--

`(A) in the case of an alien in the custody of the Attorney General, if the Attorney General determines that the alien has been adequately punished and that such deportation of the alien is appropriate; or

`(B) in the case of an alien in the custody of a State, if the chief State official exercising authority with respect to the incarceration of the alien determines (i) that the alien has been adequately punished and that such deportation is appropriate, and (ii) submits a written request to the Attorney General that such alien be so deported.'.

SEC. 3. JUDICIAL ORDER OF DEPORTATION FOR CERTAIN ALIENS AT TIME OF CONVICTION.

(a) IN GENERAL- Subchapter A of chapter 227 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 3560. Order of deportation for certain aliens

`The court, upon sentencing an individual who is an alien for an aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act), shall include in a sentencing order a declaration that the individual is deportable. Any presentence report required under the Rules of Criminal Procedure with respect to the sentencing of any individual for such a felony shall include whether or not such individual is an alien.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of subchapter A of chapter 227 of title 18, United States Code, is amended by adding at the end the following new item:

`3560. Order of deportation for certain aliens.'.

(c) DEPORTATION PROCEDURES- Section 242A of the Immigration and Nationality Act (18 U.S.C. 1252a) is amended by adding at the end the following:

`(f) DEPORTATION PURSUANT TO A JUDICIAL ORDER- An alien subject to a judicial order of deportation under section 3560 of title 18, United States Code, shall be deported consistent with section 242(h).'.

SEC. 4. FEDERAL INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.

(a) FEDERAL INCARCERATION- Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended by adding at the end the following:

`(j)(1) The Attorney General shall take into the custody of the Federal Government, and shall incarcerate for a determinate sentence of imprisonment, an undocumented criminal alien if--

`(A) the chief State official exercising authority with respect to the incarceration of the undocumented criminal alien submits a written request to the Attorney General; and

`(B) the undocumented criminal alien is sentenced to a determinate term of imprisonment.

`(2) Undocumented criminal aliens taken into the custody of the Attorney General under paragraph (1) may be deported under subsection (h)(2)(A).

`(3) For purposes of this subsection, the term `undocumented criminal alien' means an alien who--

`(A) has been convicted of a felony and sentenced to a term of imprisonment, and

`(B)(i) entered the United States without inspection or at any time or place other than as designated by the Attorney General, or

`(ii) was the subject of exclusion or deportation proceedings at the time he or she was taken into custody by the State.'.

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