S.Amdt. 1351
What it does: Rewrites page 1491, line 8 through page 1496, line 25
Sen. Tom Coburn (R-OK)What it changes
1 change to S. 744
Rewrites page 1491, line 8 through page 1496, line 25
ReplacesPrinted pageRemoves page 1491, line 8 through page 1496, line 25 of the printed bill. See that page
Inserted: SEC. 3502. IMPROVING IMMIGRATION COURT EFFICIENCY AND REDUCING COSTS BY INCREASING ACCESS TO LEGAL INFORMATION.
Inserted: (a) Right to Review Certain Documents in Removal Procedings.--Section 240(b) (8 U.S.C. 1229a(b)) is amended--
Inserted: (1) in paragraph (4)--
Inserted: (A) in subparagraph (A), by striking the comma at the end and inserting a semicolon;
Inserted: (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
Inserted: (C) by inserting after subparagraph (A) the following:
Inserted: "(B) the alien shall, at the beginning of the proceedings or at a reasonable time thereafter, automatically receive a complete copy of all relevant documents in the possession of the Department of Homeland Security, including all documents (other than documents protected from disclosure by privilege, including national security information referenced in subparagraph (C), law enforcement sensitive information, and information prohibited from disclosure pursuant to any other provision of law) contained in the file maintained by the Government that includes information with respect to all transactions involving the alien during the immigration process (commonly referred to as an 'A-file') and all documents pertaining to the alien that the Department of Homeland Security has obtained or received from other government agencies, unless the alien waives the right to receive such documents by executing a knowing and voluntary waiver in a language that he or she understands fluently;"; and
Inserted: (2) by adding at the end the following:
Inserted: "(8) Failure to provide alien required documents.--In the absence of a waiver under paragraph (4)(B), a removal proceeding may not commence until the alien has received the documents required under such subparagraph.".
Inserted: (b) Clarification Regarding Provision of Counsel to Aliens in Immigration Proceedings.--Section 292 (8 U.S.C. 1362) is amended--
Inserted: (1) by inserting "(a)" before "In any";
Inserted: (2) by striking "he shall" and inserting "the person shall"; and
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Inserted: (3) by adding at the end the following:
Inserted: "(b) The Government is not required to provide counsel to aliens under subsection (a).".
Inserted: (c) Repeal.--Subsections (b), (c), and (d) of section 2104 of this Act and the amendments to section 242 of the Immigration and Nationality Act, which were made by section 2104(b) of this Act, are repealed.
Original wording
Beginning on page 1491, strike line 8 and all that follows through page 1496, line 25, and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1351. Mr. COBURN (for himself and Mr. Johnson of Wisconsin) submitted an amendment intended to be proposed by him to the bill S. 744, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
Beginning on page 1491, strike line 8 and all that follows through page 1496, line 25, and insert the following:
SEC. 3502. IMPROVING IMMIGRATION COURT EFFICIENCY AND REDUCING COSTS BY INCREASING ACCESS TO LEGAL INFORMATION.
(a) Right to Review Certain Documents in Removal Procedings.--Section 240(b) (8 U.S.C. 1229a(b)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by striking the comma at the end and inserting a semicolon;
(B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
(C) by inserting after subparagraph (A) the following:
“(B) the alien shall, at the beginning of the proceedings or at a reasonable time thereafter, automatically receive a complete copy of all relevant documents in the possession of the Department of Homeland Security, including all documents (other than documents protected from disclosure by privilege, including national security information referenced in subparagraph (C), law enforcement sensitive information, and information prohibited from disclosure pursuant to any other provision of law) contained in the file maintained by the Government that includes information with respect to all transactions involving the alien during the immigration process (commonly referred to as an ‘A-file') and all documents pertaining to the alien that the Department of Homeland Security has obtained or received from other government agencies, unless the alien waives the right to receive such documents by executing a knowing and voluntary waiver in a language that he or she understands fluently;”; and
(2) by adding at the end the following:
“(8) Failure to provide alien required documents.--In the absence of a waiver under paragraph (4)(B), a removal proceeding may not commence until the alien has received the documents required under such subparagraph.”.
(b) Clarification Regarding Provision of Counsel to Aliens in Immigration Proceedings.--Section 292 (8 U.S.C. 1362) is amended--
(1) by inserting “(a)” before “In any”;
(2) by striking “he shall” and inserting “the person shall”; and
(3) by adding at the end the following:
“(b) The Government is not required to provide counsel to aliens under subsection (a).”.
(c) Repeal.--Subsections (b), (c), and (d) of section 2104 of this Act and the amendments to section 242 of the Immigration and Nationality Act, which were made by section 2104(b) of this Act, are repealed.
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Senate amendment submitted
June 19, 2013