S.Amdt. 1461Senate113th Congress (2013-2015)

S.Amdt. 1461

What it does: 7 changes: replaces text in 5 places, strikes text, adds a section
Submitted June 20, 2013

What it changes

7 changes to S. 744

Replaces text in 5 placesStrikes textAdds a section
  1. Change 1: Replaces “Status.--” through “An alien” with “Status.--An alien”

    ReplacesPage 1543, lines 15–16Printed page

    [struck: Status.-- … An alien][inserted: Status.--An alien]

    Original wording

    On page 1543, lines 15 and 16, strike “Status.--” and all that follows through “An alien” and insert “Status.--An alien”.

  2. Change 2: Replaces “(A)” with “(1)”

    ReplacesPage 1543, line 20Printed page

    [struck: (A)][inserted: (1)]

    Original wording

    On page 1543, line 20, strike “(A)” and insert “(1)”.

  3. Change 3: Replaces “(i)” with “(A)”

    ReplacesPage 1544, line 1Printed page

    [struck: (i)][inserted: (A)]

    Original wording

    On page 1544, line 1, strike “(i)” and insert “(A)”.

  4. Change 4: Replaces “(ii)” with “(B)”

    ReplacesPage 1544, line 5Printed page

    [struck: (ii)][inserted: (B)]

    Original wording

    On page 1544, line 5, strike “(ii)” and insert “(B)”.

  5. Change 5: Replaces “(B)” with “(2)”

    ReplacesPage 1544, line 9Printed page

    [struck: (B)][inserted: (2)]

    Original wording

    On page 1544, line 9, strike “(B)” and insert “(2)”.

  6. Change 6: Strikes page 1544, lines 18–22

    Removes page 1544, lines 18–22 of the printed bill. See that page

    Original wording

    On page 1544, strike lines 18 through 22.

  7. Change 7: Adds SEC. 3722. MANDATORY DETENTION AND EXPEDITED REMOVAL OF CERTAIN CRIMINAL ALIENS on page 1618, between lines 11 and 12

    Adds a sectionPrinted page

    Inserted: SEC. 3722. MANDATORY DETENTION AND EXPEDITED REMOVAL OF CERTAIN CRIMINAL ALIENS.

    Inserted: (a) Mandatory Detention.--Section 236(c) (8 U.S.C. 1226(c)) is amended--

    Inserted: (1) by striking "Attorney General" each place such term appears and inserting "Secretary of Homeland Security"; and

    Inserted: (2) in paragraph (1)--

    Inserted: (A) in subparagraph (B), by striking "section 237(a)(2)(A)(ii), (A)(iii), (B), (C), or (D)," and inserting "subparagraph (A)(ii), (A)(iii), (B), (C), (D), (E), or (G) of section 237(a)(2);"; and

    Inserted: (B) in subparagraph (C), by striking "sentence" and inserting "sentenced".

    Inserted: (b) Expedited Removal.--Section 238 (8 U.S.C. 1228) is amended--

    Inserted: (1) by striking the section heading and inserting the following:

    Inserted: "SEC. 238. EXPEDITED REMOVAL PROCEEDINGS FOR ALIENS CONVICTED OF SERIOUS CRIMINAL OFFENSES.";

    Inserted: (2) by striking "Attorney General" each place such term appears and insert "Secretary of Homeland Security";

    Inserted: (3) in subsection (a)--

    Inserted: (A) by striking paragraph (3);

    Show 17 more inserted paragraphs

    Inserted: (B) by redesignating paragraph (2) as paragraph (3); and

    Inserted: (C) by striking paragraph (1) and inserting the following:

    Inserted: "(1) In general.--The Secretary of Homeland Security shall provide for special removal proceedings at certain Federal, State, and local correctional facilities for any alien convicted of--

    Inserted: "(A) any criminal offense set forth in subparagraph (A)(iii), (B), (C), (D), (E), or (G) of section 237(a)(2); or

    Inserted: "(B) 2 or more crimes involving moral turpitude, as described in clause (ii) of section 237(a)(2)(A), for which both predicate offenses are, without regard to the date of their commission, otherwise described in clause (i) of such section.

    Inserted: "(2) Conduct of proceedings.--

    Inserted: "(A) In general.--Except as otherwise provided in this section, removal proceedings authorized under this section--

    Inserted: "(i) shall be conducted in accordance with section 240;

    Inserted: "(ii) shall eliminate the need for additional detention at any U.S. Immigration and Customs Enforcement processing center; and

    Inserted: "(iii) shall ensure the expeditious removal of the alien following the alien's incarceration for the underlying crime.

    Inserted: "(B) Savings provisions.--Nothing in this paragraph may be construed--

    Inserted: "(i) to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States, its agencies or officers, or any other person; or

    Inserted: "(ii) to require the Secretary of Homeland Security to effect the removal of any alien sentenced to actual incarceration before the alien is scheduled to be released from incarceration for the underlying crime."; and

    Inserted: (4) by striking subsection (c), as redesignated by section 671(b)(13) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208), and inserting the following:

    Inserted: "(6) An alien convicted of an offense for which an element was active participation in a criminal street gang, an aggravated felony, or a crime of domestic violence or child abuse shall be conclusively presumed to be deportable from the United States.".

    Inserted: (c) Clerical Amendment.--The table of contents is amended by striking the item relating to section 238 and inserting the following:

    Inserted: "Sec. 238. Expedited removal proceedings for aliens convicted of serious criminal offenses.".

    Original wording

    On page 1618, between lines 11 and 12, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1461. Mr. WICKER 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:

On page 1543, lines 15 and 16, strike “Status.--” and all that follows through “An alien” and insert “Status.--An alien”.

On page 1543, line 20, strike “(A)” and insert “(1)”.

On page 1544, line 1, strike “(i)” and insert “(A)”.

On page 1544, line 5, strike “(ii)” and insert “(B)”.

On page 1544, line 9, strike “(B)” and insert “(2)”.

On page 1544, strike lines 18 through 22.

On page 1618, between lines 11 and 12, insert the following:

SEC. 3722. MANDATORY DETENTION AND EXPEDITED REMOVAL OF CERTAIN CRIMINAL ALIENS.

(a) Mandatory Detention.--Section 236(c) (8 U.S.C. 1226(c)) is amended--

(1) by striking “Attorney General” each place such term appears and inserting “Secretary of Homeland Security”; and

(2) in paragraph (1)--

(A) in subparagraph (B), by striking “section 237(a)(2)(A)(ii), (A)(iii), (B), (C), or (D),” and inserting “subparagraph (A)(ii), (A)(iii), (B), (C), (D), (E), or (G) of section 237(a)(2);”; and

(B) in subparagraph (C), by striking “sentence” and inserting “sentenced”.

(b) Expedited Removal.--Section 238 (8 U.S.C. 1228) is amended--

(1) by striking the section heading and inserting the following:

“SEC. 238. EXPEDITED REMOVAL PROCEEDINGS FOR ALIENS CONVICTED OF SERIOUS CRIMINAL OFFENSES.”;

(2) by striking “Attorney General” each place such term appears and insert “Secretary of Homeland Security”;

(3) in subsection (a)--

(A) by striking paragraph (3);

(B) by redesignating paragraph (2) as paragraph (3); and

(C) by striking paragraph (1) and inserting the following:

“(1) In general.--The Secretary of Homeland Security shall provide for special removal proceedings at certain Federal, State, and local correctional facilities for any alien convicted of--

“(A) any criminal offense set forth in subparagraph (A)(iii), (B), (C), (D), (E), or (G) of section 237(a)(2); or

“(B) 2 or more crimes involving moral turpitude, as described in clause (ii) of section 237(a)(2)(A), for which both predicate offenses are, without regard to the date of their commission, otherwise described in clause (i) of such section.

“(2) Conduct of proceedings.--

“(A) In general.--Except as otherwise provided in this section, removal proceedings authorized under this section--

“(i) shall be conducted in accordance with section 240;

“(ii) shall eliminate the need for additional detention at any U.S. Immigration and Customs Enforcement processing center; and

“(iii) shall ensure the expeditious removal of the alien following the alien's incarceration for the underlying crime.

“(B) Savings provisions.--Nothing in this paragraph may be construed--

“(i) to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States, its agencies or officers, or any other person; or

“(ii) to require the Secretary of Homeland Security to effect the removal of any alien sentenced to actual incarceration before the alien is scheduled to be released from incarceration for the underlying crime.”; and

(4) by striking subsection (c), as redesignated by section 671(b)(13) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208), and inserting the following:

“(6) An alien convicted of an offense for which an element was active participation in a criminal street gang, an aggravated felony, or a crime of domestic violence or child abuse shall be conclusively presumed to be deportable from the United States.”.

(c) Clerical Amendment.--The table of contents is amended by striking the item relating to section 238 and inserting the following:

“Sec. 238. Expedited removal proceedings for aliens convicted of serious criminal offenses.”.

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Senate amendment submitted

June 20, 2013