S.Amdt. 2458

1. Adds SEC. __. CRIMINAL ALIEN PROGRAM PILOT PROJECT wherever appropriate

   Adds a section

   Inserted: SEC. __. CRIMINAL ALIEN PROGRAM PILOT PROJECT.

   Inserted: (a) In General.--The Secretary shall use funds appropriated for the Criminal Alien Program of United States Immigration and Customs Enforcement to implement a pilot project to evaluate technology that can--

   Inserted: (1) effectively analyze information on jail and prison populations; and

   Inserted: (2) automatically identify incarcerated illegal aliens in a timely manner before their release from detention.

   Inserted: (b) Minimum Requirements.--The pilot project implemented under subsection (a) shall involve not fewer than 2 States and shall provide for the daily collection of data from not fewer than 15 jails or prisons.

   Inserted: (c) Report.--Not later than July 1, 2008, the Secretary shall submit a report to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives that describes--

   Inserted: (1) the status of the pilot project implemented under subsection (a);

   Inserted: (2) the impact of the pilot project on illegal alien management; and

   Inserted: (3) the Secretary's plans to integrate the technology evaluated under the pilot project into future enforcement budgets and operating procedures.

   Inserted: SEC. __. INCARCERATION OF CRIMINAL ALIENS.

   Inserted: (a) Institutional Removal Program.--

   Inserted: (1) Continuation.--The Secretary shall continue to operate the Institutional Removal Program (referred to in this section as the "Program") or shall develop and implement another program to--

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   Inserted: (A) identify removable criminal aliens in Federal and State correctional facilities;

   Inserted: (B) ensure that such aliens are not released into the community; and

   Inserted: (C) remove such aliens from the United States after the completion of their sentences.

   Inserted: (2) Expansion.--The Secretary may extend the scope of the Program to all States.

   Inserted: (b) Authorization for Detention After Completion of State or Local Prison Sentence.--Law enforcement officers of a State or political subdivision of a State may--

   Inserted: (1) hold an illegal alien for a period not to exceed 14 days after the completion of the alien's State prison sentence to effectuate the transfer of the alien to Federal custody if the alien is removable or not lawfully present in the United States; or

   Inserted: (2) issue a detainer that would allow aliens who have served a State prison sentence to be detained by the State prison until authorized employees of United States Immigration and Customs Enforcement can take the alien into custody.

   Inserted: (c) Technology Usage.--Technology, such as videoconferencing, shall be used to the maximum extent practicable to make the Program available in remote locations. Mobile access to Federal databases of aliens, such as IDENT, and live scan technology shall be used to the maximum extent practicable to make these resources available to State and local law enforcement agencies in remote locations.

   Inserted: (d) Report to Congress.--Not later than 6 months after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to Congress on the participation of States in the Program and in any other program authorized under subsection (a).

   Inserted: (e) Authorization of Appropriations.--There are authorized to be appropriated $30,000,000 for fiscal year 2008 to carry out the Institutional Removal Program.

   Inserted: SEC. __. STRENGTHENING DEFINITION OF CONVICTION.

   Inserted: Section 101(a)(48) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(48)) is amended by adding at the end the following:

   Inserted: "(C) Any reversal, vacatur, expungement, or modification of a conviction, sentence, or conviction record that was granted to ameliorate the consequences of the conviction, sentence, or conviction record, or was granted for rehabilitative purposes, or for failure to advise the alien of the immigration consequences of a guilty plea or a determination of guilt, shall have no effect on the immigration consequences resulting from the original conviction. The alien shall have the burden of demonstrating that any reversal, vacatur, expungement, or modification was not granted to ameliorate the consequences of the conviction, sentence, or conviction record, for rehabilitative purposes, or for failure to advise the alien of the immigration consequences of a guilty plea or a determination of guilt.".

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   Original wording

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As printed