S.Amdt. 4003
What it does: 4 changes: replaces text in 2 places, inserts text in 2 placesWhat it changes
4 changes to S. 2611
Change 1: Rewrites page 49, lines 7–8
ReplacesPrinted pageRemoves page 49, lines 7–8 of the printed bill. See that page
Inserted: SEC. 131. ELIMINATING RELEASE OF ALIENS APPREHENDED AT OR BETWEEN PORTS OF ENTRY.
Original wording
On page 49, strike lines 7 and 8 and insert the following:
Change 2: Inserts “or a flight risk” after “risk”
…risk[inserted: or a flight risk]…
Original wording
On page 50, line 9, insert “or a flight risk” after “risk”.
Change 3: Rewrites page 50, lines 10–11
ReplacesPrinted pageRemoves page 50, lines 10–11 of the printed bill. See that page
Inserted: (2) the alien provides a bond of not less than--
Inserted: (A) $5,000; and
Inserted: (B) $10,000, if the alien is from a country outside of the Western Hemisphere.
Original wording
On page 50, strike lines 10 and 11 and insert the following:
Change 4: Inserts new text on page 51, between lines 5 and 6
InsertsPrinted pageInserted: (d) Reinstatement of Previous Removal Orders.--
Inserted: (1) In general.--Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is amended to read as follows:
Inserted: "(5) Reinstatement of previous removal orders.--
Inserted: "(A) Removal.--If the Secretary of Homeland Security determines that an alien has entered the United States illegally after having been removed, deported or excluded or having departed voluntarily, under an order of removal, deportation, or exclusion, regardless of the date of the original order or the date of the illegal entry--
Inserted: "(i) the order of removal, deportation, or exclusion shall be reinstated from its original date and, notwithstanding section 242(a)(2)(D), such order may not be reopened or reviewed;
Inserted: "(ii) the alien is not eligible and may not apply for any relief under this Act, regardless of the date that an application or request for such relief may have been filed or made; and
Inserted: "(iii) the alien shall be removed under the order of removal, deportation, or exclusion at any time after the illegal entry.
Inserted: "(B) Proceedings not required.--Reinstatement under this paragraph shall not require proceedings under section 240 or other proceedings before an immigration judge.".
Inserted: (2) Judicial review.--Section 242 (8 U.S.C. 1252) is amended by adding at the end the following:
Inserted: "(h) Judicial Review of Reinstatement.--
Inserted: "(1) Review.--Judicial review of any determination under section 241(a)(5) shall be available in any action under subsection (a).
Inserted: "(2) No review of original order.--Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision sections 1361 and 1651 of such title, no court shall have jurisdiction to review any cause or claim, arising from or relating to any challenge to the original order.".
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Inserted: (3) Effective date.--The amendments made by paragraphs (1) and (2) shall--
Inserted: (A) take effect as if enacted on April 1, 1997; and
Inserted: (B) apply to all orders reinstated or after such date by the Secretary of Homeland Security (or by the Attorney General prior to March 1, 2003), regardless of the date of the original order.
Original wording
On page 51, between lines 5 and 6, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 4003. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill S. 2611, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
On page 49, strike lines 7 and 8 and insert the following:
SEC. 131. ELIMINATING RELEASE OF ALIENS APPREHENDED AT OR BETWEEN PORTS OF ENTRY.
On page 50, line 9, insert “or a flight risk” after “risk”.
On page 50, strike lines 10 and 11 and insert the following:
(2) the alien provides a bond of not less than--
(A) $5,000; and
(B) $10,000, if the alien is from a country outside of the Western Hemisphere.
On page 51, between lines 5 and 6, insert the following:
(d) Reinstatement of Previous Removal Orders.--
(1) In general.--Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is amended to read as follows:
“(5) Reinstatement of previous removal orders.--
“(A) Removal.--If the Secretary of Homeland Security determines that an alien has entered the United States illegally after having been removed, deported or excluded or having departed voluntarily, under an order of removal, deportation, or exclusion, regardless of the date of the original order or the date of the illegal entry--
“(i) the order of removal, deportation, or exclusion shall be reinstated from its original date and, notwithstanding section 242(a)(2)(D), such order may not be reopened or reviewed;
“(ii) the alien is not eligible and may not apply for any relief under this Act, regardless of the date that an application or request for such relief may have been filed or made; and
“(iii) the alien shall be removed under the order of removal, deportation, or exclusion at any time after the illegal entry.
“(B) Proceedings not required.--Reinstatement under this paragraph shall not require proceedings under section 240 or other proceedings before an immigration judge.”.
(2) Judicial review.--Section 242 (8 U.S.C. 1252) is amended by adding at the end the following:
“(h) Judicial Review of Reinstatement.--
“(1) Review.--Judicial review of any determination under section 241(a)(5) shall be available in any action under subsection (a).
“(2) No review of original order.--Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision sections 1361 and 1651 of such title, no court shall have jurisdiction to review any cause or claim, arising from or relating to any challenge to the original order.”.
(3) Effective date.--The amendments made by paragraphs (1) and (2) shall--
(A) take effect as if enacted on April 1, 1997; and
(B) apply to all orders reinstated or after such date by the Secretary of Homeland Security (or by the Attorney General prior to March 1, 2003), regardless of the date of the original order.
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Senate amendment submitted
May 16, 2006