S.Amdt. 1914
What it does: Inserts new text on page 116, between lines 18 and 19
Sen. John Cornyn (R-TX)What it changes
1 change to S. 1639
Inserts new text on page 116, between lines 18 and 19
InsertsPrinted pageInserted: (b) Detention of Aliens During Removal Proceedings.--
Inserted: (1) Detention of inadmissible arriving aliens.--Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended by adding at the end the following:
Inserted: "(e) Length of Detention.--
Inserted: "(1) In general.--An alien may be detained under this section, without limitation, until the alien is subject to an administratively final order of removal.
Inserted: "(2) Effect on other detention.--The length of a detention under this section shall not affect the validity of any detention under section 241.
Inserted: "(f) Judicial Review.--Without regard to the place of confinement, judicial review of any action or decision made pursuant to subsection (e) shall be available exclusively in a habeas corpus proceeding instituted in the United States District Court for the District of Columbia if the alien has exhausted all administrative remedies available to the alien as of right.".
Inserted: (2) Detention of apprehended aliens.--Section 236 of such Act (8 U.S.C. 1226) is amended--
Inserted: (A) by redesignating subsection (e) as subsection (f);
Inserted: (B) by inserting after subsection (e) the following:
Inserted: "(e) Length of Detention.--
Inserted: "(1) In general.--An alien may be detained under this section, without limitation, until the alien is subject to an administratively final order of removal.
Inserted: "(2) Effect on other detention.--The length of detention under this section shall not affect the validity of any detention under section 241."; and
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Inserted: (C) in subsection (f), as redesignated, by adding at the end the following: "Without regard to the place of confinement, judicial review of any action or decision made pursuant to subsection (f) shall be available exclusively in a habeas corpus proceeding instituted in the United States District Court for the District of Columbia if the alien has exhausted all administrative remedies available to the alien as of right.".
Inserted: (c) Severability.--If any provision of this section, any amendment made by this section, or the application of any such provision or amendment to any person or circumstance is held to be invalid for any reason, the remainder of this section, the amendments made by this section, and the application of the provisions and amendments made by this section to any other person or circumstance shall not be affected by such holding.
Original wording
On page 116, between lines 18 and 19, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1914. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
On page 116, between lines 18 and 19, insert the following:
(b) Detention of Aliens During Removal Proceedings.--
(1) Detention of inadmissible arriving aliens.--Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended by adding at the end the following:
“(e) Length of Detention.--
“(1) In general.--An alien may be detained under this section, without limitation, until the alien is subject to an administratively final order of removal.
“(2) Effect on other detention.--The length of a detention under this section shall not affect the validity of any detention under section 241.
“(f) Judicial Review.--Without regard to the place of confinement, judicial review of any action or decision made pursuant to subsection (e) shall be available exclusively in a habeas corpus proceeding instituted in the United States District Court for the District of Columbia if the alien has exhausted all administrative remedies available to the alien as of right.”.
(2) Detention of apprehended aliens.--Section 236 of such Act (8 U.S.C. 1226) is amended--
(A) by redesignating subsection (e) as subsection (f);
(B) by inserting after subsection (e) the following:
“(e) Length of Detention.--
“(1) In general.--An alien may be detained under this section, without limitation, until the alien is subject to an administratively final order of removal.
“(2) Effect on other detention.--The length of detention under this section shall not affect the validity of any detention under section 241.”; and
(C) in subsection (f), as redesignated, by adding at the end the following: “Without regard to the place of confinement, judicial review of any action or decision made pursuant to subsection (f) shall be available exclusively in a habeas corpus proceeding instituted in the United States District Court for the District of Columbia if the alien has exhausted all administrative remedies available to the alien as of right.”.
(c) Severability.--If any provision of this section, any amendment made by this section, or the application of any such provision or amendment to any person or circumstance is held to be invalid for any reason, the remainder of this section, the amendments made by this section, and the application of the provisions and amendments made by this section to any other person or circumstance shall not be affected by such holding.
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Senate amendment submitted
June 26, 2007