,,ib ,union ,calendar ,no4 #dgg #aaith ,,congress #b;d ,session ,h4 ,r4 #egac ,report ,no4 #aai-eee ,,in ,,the ,,house ,,of ,,representatives ,october #h1 #bjbe,mr4 ,gill of ,texas 7for himself1 ,mr4 ,moore of ,alabama1 ,mr4 ,hunt1 ,mr4 ,fine1 ,mr4 ,davidson1 and ,mr4 ,roy7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,march #ah1 #bjbf;,additional sponsors3 ,mr4 ,nehls1 ,mr4 ,cloud1 ,mrs4 ,luna1 and ,mr4 ,cline ,march #ah1 #bjbf,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed,strike out all after the enacting clause and insert the part printed in italic,for text of introduced bill1 see copy of bill as introduced on ,october #h1 #bjbe ,a ,,bill ,to authorize the expedited removal of aliens who are criminal gang members1 members of foreign terrorist organizations1 or have been convicted of certain specified crimes4 #a4 ,short title ,this ,act may be cited as the ,expedited ,removal of ,criminal ,aliens ,act4 #b4 ,expedited removal ,section #bch of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbh7 is amended-- 7#a7 in the section heading1 by striking ,expedited removal of aliens convicted of committing aggravated felonies and inserting ,expedited removal of certain criminal aliens2 7#b7 in subsection 7a7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,the ,secretary of ,homeland ,security shall provide for the availability of special removal proceedings at certain ,federal1 ,state1 and local correctional facilities for any incarcerated alien-- 7,a7 convicted of any criminal offense covered in section #bcg7;a77#b77;,a77iii71 7,b71 7,c71 or 7,d71 or any offense covered by section #bcg7;a77#b77;,a77ii7 for which both predicate offenses are1 without regard to the date of their commission1 otherwise covered by section #bcg7;a77#b77;,a77i72 or 7,b7 who the ,secretary of ,homeland ,security determines-- 7i7 is inadmissible or deportable2 and 7ii7 7,i7 is a member of a criminal gang or a transnational criminal organization 7as defined in section #cjjc7e7 of the ,act titled ,making emergency supplemental appropriations for the fiscal year ending ,september #cj1 #bjbd1 and for other purposes 7#ba ,u4,s4,c4 #bcda7e7772 7,,ii7 is a member of an organization designated as a foreign terrorist organization pursuant to section #bai7;a7 or has provided material support to such an organization2 or 7,,iii7 has been convicted of any felony1 any misdemeanor with respect to which the underlying conduct was committed against a member of a vulnerable group1 any assault of a law enforcement officer1 any sexual offense1 any crime of domestic violence1 any stalking offense1 any crime with respect to which the underlying conduct was committed against a child 7including sex trafficking of a minor or sexual abuse of a minor71 any activity relating to material involving the sexual exploitation of a minor1 or any violation of a protection order 7as such terms are defined in the jurisdiction of conviction74 2 7,b7 in paragraph 7#b7-- 7i7 by striking convicted of an aggravated felony and inserting described in paragraph 7#a72 7ii7 by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security2 and 7iii7 by striking felon and inserting alien2 7,c7 in paragraph 7#c7-- 7i7 by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security 2 7ii7 by striking convicted of an aggravated felony and inserting described in paragraph 7#a72 and 7iii7 by striking for the underlying aggravated felony2 7,d7 in paragraph 7#d71 by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security2 and 7,e7 by adding at the end the following3 7#e7 ,manner of proceedings ,special removal proceedings described in this section shall be conducted in conformity with section #bdj 7except as otherwise provided in this section71 and in a manner which eliminates the need for additional detention at any processing center of the ,department of ,homeland ,security and in a manner which assures expeditious removal following the end of the alien's incarceration for the underlying sentence4 ,nothing in this section shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the ,united ,states or its agencies or officers or any other person4 7#f7 ,definitions ,in this subsection3 7,a7 ,the term member of a vulnerable group means-- 7i7 an individual who is younger than #af years of age2 7ii7 a pregnant woman2 7iii7 an individual with a severe physical or mental disability2 or 7iv7 an individual who is older than #fe years of age4 7,b7 ,the term criminal gang means an ongoing group1 club1 organization1 or association of #e or more persons that has as #a of its primary purposes the commission of #a or more of the offenses described in this subparagraph and the members of which engage1 or have engaged within the past #e years1 in a continuing series of such offenses4 ,the offenses described1 whether committed1 in whole or in part1 within or outside of the ,united ,states and regardless of whether the offenses occurred before1 on1 or after the date of the enactment of this paragraph1 are the following3 7i7 ,a ,federal1 ,state1 local1 or ,tribal offense that is punishable by imprisonment for more than #a year and relates to a controlled substance 7as so classified under the relevant ,federal1 ,state1 local1 or ,tribal law71 regardless of whether the substance is classified as a controlled substance under section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 7ii7 ,a foreign offense that is punishable by imprisonment for more than #a year and relates to a controlled substance as defined under section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 7iii7 ,an offense that is punishable by imprisonment for more than #a year and involves firearms or explosives 7as defined under the relevant ,federal1 ,state1 local1 ,tribal1 or foreign law7 or in violation of section #ica of title #ah1 ,united ,states ,code 7relating to purchase1 ownership1 or possession of body armor by violent felons74 7iv7 ,an offense under section #bgd 7relating to bringing in and harboring certain aliens71 section #bgg 7relating to aiding or assisting certain aliens to enter the ,united ,states71 or section #bgh 7relating to importation of alien for immoral purpose74 7v7 ,a crime of violence 7as defined in section #af7;a7 of title #ah1 ,united ,states ,code74 7vi7 ,a crime involving obstruction of justice1 tampering with or retaliating against a witness1 victim1 or informant1 or burglary 7as such terms are defined under the relevant ,federal1 ,state1 local1 ,tribal1 or foreign law74 7vii7 ,any conduct punishable under-- 7,i7 sections #ajbh1 #ajbh;,a1 and #ajbi of title #ah1 ,united ,states ,code 7relating to fraud1 aggravated identity theft or fraud and related activity in connection with identification documents or access devices72 7,,ii7 sections #aeha through #aeid of such title 7relating to peonage1 slavery1 and trafficking in persons72 7,,iii7 section #aiea of such title 7relating to interference with commerce by threats or violence72 7,,iv7 section #aieb of such title 7relating to interstate and foreign travel or transportation in aid of racketeering enterprises72 7,v7 section #aief of such title 7relating to the laundering of monetary instruments72 7,,vi7 section #aieg of such title 7relating to engaging in monetary transactions in property derived from specified unlawful activity72 or 7,,vii7 sections #bcab through #bcae of such title 7relating to interstate transportation of stolen motor vehicles or stolen property74 7viii7 ,a conspiracy to commit an offense described in subclauses 7,i7 through 7,,vii7 of clause 7vii74 2 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 7ii7 by inserting inadmissibility or before deportability2 7iii7 by striking under section #bcg7;a77#b77;,a77iii7 7relating to conviction of an aggravated felony72 and 7iv7 by inserting before section #bdj the following issue a notice to appear under section #bci to initiate removal proceedings under2 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,alien described ,an alien is described in this paragraph if the alien-- 7,a7 has been convicted of any criminal offense described in subparagraph 7,a7 or is described in subparagraph 7,b7 of section #bch7;a77#a71 regardless of whether such alien is incarcerated2 and 7,b7 7i7 was not lawfully admitted for permanent residence at the time at which proceedings under this section commenced2 or 7ii7 had permanent resident status on a conditional basis 7as described in section #baf of this title7 at the time that proceedings under this section commenced4 2 7,c7 in paragraph 7#c71 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 7,d7 in paragraph 7#d71 by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security 2 and 7,e7 in paragraph 7#e7-- 7i7 by inserting or ,secretary of ,homeland ,security after ,attorney ,general2 7ii7 by inserting or ,secretary's after ,attorney ,general's2 and 7iii7 by inserting 1 regardless of whether the alien is in proceedings under this section after discretion2 and 7#d7 by redesignating the second subsection 7c7 as subsection 7d74 #c4 ,detention of criminal aliens ,section #bcf7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;c77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,d71 by striking or at the end2 7,b7 by redesignating subparagraph 7,e7 as subparagraph 7,f72 and 7,c7 by inserting after subparagraph 7,d7 the following3 7,e7 7i7 is inadmissible under section #bab or deportable under section #bcg2 and 7ii7 7,i7 is a member of a criminal gang 7as defined in section #bch7;a77#f77;,b77 or transnational criminal organization 7as defined in section #cjjc7e7 of the ,act titled ,making emergency supplemental appropriations for the fiscal year ending ,september #cj1 #bjbd1 and for other purposes 7#ba ,u4,s4,c4 #bcda7e7772 or 7,,ii7 has been convicted of any felony1 any misdemeanor with respect to which the underlying conduct was committed against a member of a vulnerable group 7as defined in section #bch7;a77#c77;,a771 any assault of a law enforcement officer1 any sexual offense1 any crime of domestic violence1 any stalking offense1 any crime with respect to which the underlying conduct was committed against a child 7including sex trafficking of a minor or sexual abuse of a minor71 any activity relating to material involving the sexual exploitation of a minor1 or any violation of a protection order1 or 2 and 7#b7 in paragraph 7#b7-- 7,a7 in the heading1 by striking ,definition and inserting ,definitions2 and 7,b7 by striking ,for purposes of paragraph 7#a77;,e71 and inserting the following3 7,a7 ,for purposes of paragraph 7#a77;,e77ii77,,ii71 the terms and phrases in such paragraph have the meanings given such terms and phrases in the jurisdiction of conviction4 7,b7 ,for purposes of paragraph 7#a77;,f71 4 #d4 ,exception to restrictions on removal ,section #bda7;b77#c77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;b77#c77;,b77 is amended-- 7#a7 in clause 7iii71 by striking or at the end2 7#b7 in clause 7iv71 by striking the period and inserting 2 or2 and 7#c7 by adding after clause 7iv7 the following3 7v7 the alien has been convicted of any criminal offense described in subparagraph 7,a7 or is described in subparagraph 7,b7 of section #bch7;a77#a71 regardless of whether such alien is incarcerated or is in proceedings under section #bch4 4 #e4 ,ineligibility for asylum ,section #bjh7;b77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;b77#b77;,a77 is amended-- 7#a7 in clause 7v71 by striking or at the end2 7#b7 in clause 7vi71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7vii7 the alien has been convicted of any criminal offense described in subparagraph 7,a7 or is described in subparagraph 7,b7 of section #bch7;a77#a71 regardless of whether such alien is incarcerated or is in proceedings under section #bch4 4 #f4 ,ineligibility for other immigration relief ,an alien who has been convicted of any criminal offense described in subparagraph 7,a7 or who is described in subparagraph 7,b7 of section #bch7;a77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aabh7;a77#a771 regardless of whether such alien is incarcerated or is in proceedings under such section #bch1 shall be ineligible for any other relief under the immigration laws 7as such term is defined in section #aja of the ,immigration and ,nationality 7#h ,u4,s4,c4 #aaja771 including under section #bbdb of the ,omnibus ,consolidated and ,emergency ,supplemental ,appropriations ,act1 #aiii 7and any regulations issued pursuant to such section74 #g4 ,construction2 severability ,any provision of this ,act or an amendment made by this ,act held to be invalid or unenforceable by its terms1 or as applied to any person or circumstance1 shall be construed so as to give it the maximum effect permitted by law1 unless such holding shall be utterly invalid or unenforceable1 in which event such provision shall be deemed severable from this ,act and shall not affect the remainder of this ,act1 or the application of such provision to other persons not similarly situated or to other1 dissimilar circumstances4 ,march #ah1 #bjbf,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed