S.Amdt. 1616

SA 1616. Mr. COBURN 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:

Strike sections 3502 and 3503 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

[[Page S5077]]

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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