S.Amdt. 3879

SA 3879. Mr. TILLIS submitted an amendment intended to be proposed to
amendment SA 3695 proposed by Mr. Shelby to the bill H.R. 6157, making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place in division B, insert the
following:
Sec. ___. (a) Notwithstanding any other provision of law,
including section 3142 of title 18, United States Code, any
judicial determination (including any judicial determination
made in Flores v. Sessions et. al., (9th Cir. July 5, 2017;
C.D. CA. July 9, 2018, July 24, 2015 and July 30, 2018), in
Ms. L, et. al., v. U.S. Immigration and Customs Enforcement,
et al., S.D. CA. June 26, 2018, and in M.M.M. et al. v.
Sessions et al., August 16, 2018)), consent decree, or
settlement agreement issued before the date of the enactment
of this Act, and section 236.3 of title 8, Code of Federal
Regulations (or a successor regulation), the Secretary of
Defense shall not use any appropriated funds, or be required
to implement the terms of the stipulated settlement agreement
filed on January 17, 1997, in the United States District
Court for the Central District of California in Flores v.
Reno, CV 85-4544-RJK, (commonly known as the ``Flores
settlement agreement''), in the case of an alien child who is
housed at a military facility or installation pursuant to an
agreement executed between the Secretary of Homeland
Security, the Secretary of Health and Human Services, and the
Secretary of Defense and who is or was--
(1) under the age of 18 years;
(2) accompanied by a parent; and
(3)(A) apprehended at or near the international border of
the United States; or
(B) seeking admission or sought admission to the United
States at a port of entry.
(b) The Secretary of Defense shall not use any appropriated
funds to release any alien who is currently detained at a
military facility or installation pursuant to an agreement
executed between the Secretary of Homeland Security, the
Secretary of Health and Human Services, and the Secretary of
Defense and who--
(1) is inadmissible by reason of having committed any
offense covered in section 212(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(2));
(2) is deportable by reason of having committed any offense
covered in section 237(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(2));
(3) is convicted for an offense under section 275(a) of the
Immigration and Nationality Act (8 U.S.C. 1325);
(4) is convicted for an offense under section 276 of the
Immigration and Nationality Act (8 U.S.C. 1326);
(5) has been convicted of, or found to be a juvenile
offender based on, an offense that involved--
(A) the use or attempted use of physical force, or
threatened use of a deadly weapon;
(B) the purchase, sale, offering for sale, exchange, use,
ownership, possession, or carrying, or, of attempting or
conspiring to purchase, sell, offer for sale, exchange, use,
own, possess, or carry, any weapon, part, or accessory which
is a firearm or destructive device (as defined in section
921(a) of title 18, United States Code) in violation of any
law;
(C) child abuse and neglect (as defined in section
40002(a)(3) of the Violence Against Women Act of 1994 (34
U.S.C. 12291(a)(3)));
(D) assault resulting in bodily injury (as defined in
section 2266 of title 18, United States Code);
(E) the violation of a protection order (as defined in
section 2266 of title 18, United States Code);
(F) driving while intoxicated or driving under the
influence (as such terms are defined in section 164 of title
23, United States Code); or
(G) any offense under foreign law (except a purely
political offense) that, if the offense had been committed in
the United States, would render the alien inadmissible under
section 212(a) of the Immigration and Nationality Act (8
U.S.C. 1182(a));
(6) has been convicted of, or found to be a juvenile
offender based on, more than 1 criminal offense (other than
minor traffic offenses);
(7) has been convicted of, or found to be a juvenile
offender, based on an offense that involved a sex offense (as
defined in section 20911 of title 34, United States Code);
(8) has been convicted of, or found to be a juvenile
offender, based on an offense that involved a sexual assault
(as defined in section 12291(a) of title 34, United States
Code);
(9) has been convicted of, or found to be a juvenile
offender based on a crime of violence or an offense under
Federal, State, or Tribal law, that has, as an element, the
use or attempted use of physical force or the threatened use
of physical force or a deadly weapon;
(10) has engaged in, is engaged in, or is likely to engage
after entry in any terrorist activity (as defined in section
212(a)(3)(B)(iii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(iii))), or intends to participate or has
participated in the activities of a foreign terrorist
organization (as designated under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189));
(11) has been convicted of any drug trafficking crime
(within the meaning of the Controlled Substances Act (21
U.S.C. 801 et seq.) or the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.);
(12) is convicted for any felony with a maximum term of
imprisonment of more than 180 days; or
(13) is inadmissible under subparagraph (A) or (B) of
section 212(a)(3) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)) or deportable under subparagraph (A) or
(B) of section 237(a)(4) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(4)).
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