S.Amdt. 1605

SA 1605. Mr. WICKER submitted an amendment intended to be proposed to
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 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:

In section 3701(c), strike paragraph (2) and insert the
following:
(d) Mandatory Detention and Expedited Removal of Certain
Criminal Aliens.--
(1) Mandatory detention.--Section 236(c) (8 U.S.C. 1226(c))
is amended--
(A) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''; and
(B) in paragraph (1)--
(i) 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
(ii) in subparagraph (C), by striking ``sentence'' and
inserting ``sentenced''.
(2) Expedited removal.--Section 238 (8 U.S.C. 1228) is
amended--
(A) by striking the section heading and inserting the
following:

``SEC. 238. EXPEDITED REMOVAL PROCEEDINGS FOR ALIENS
CONVICTED OF SERIOUS CRIMINAL OFFENSES.'';

(B) by striking ``Attorney General'' each place such term
appears and insert ``Secretary of Homeland Security'';
(C) in subsection (a)--
(i) by striking paragraph (3);
(ii) by redesignating paragraph (2) as paragraph (3); and
(iii) 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
(D) 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.''.
(3) 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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