S.Amdt. 39

SA 39. Mrs. SHAHEEN submitted an amendment intended to be proposed by
her to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:

On page 2, strike lines 7 through 19, and insert the
following:
(1) by striking paragraph (1) and inserting the following:
``(1) Custody.--The Secretary of Homeland Security or the
Attorney General shall take into custody any alien who--

[[Page S154]]

``(A)(i) is inadmissible by reason of having been convicted
of any offense described in section 212(a)(2); or
``(ii) has been arrested for, or charged with, any such
offense and failed to appear for a hearing or procedural
appearance relating to such charge;
``(B)(i) is deportable by reason of having been convicted
of any offense described in subparagraph (A)(ii), (A)(iii),
(B), (C), or (D) of section 237(a)(2); or
``(ii) has been arrested for, or charged with, any such
offense and failed to appear for a hearing or procedural
appearance relating to such charge;
``(C)(i) is deportable under section 237(a)(2)(A)(i) on the
basis of conviction for an offense for which the alien has
been sentenced to a term of imprisonment of at least 1 year;
or
``(ii) has been arrested for, or charged with, any such
offense and failed to appear for a hearing or procedural
appearance relating to such charge;
``(D)(i) is inadmissible under section 212(a)(3)(B) or
deportable under section 237(a)(4)(B); or
``(ii) has been arrested for, or charged with, any
terrorism offense described in either such section and failed
to appear for a hearing or procedural appearance relating to
such charge;
``(E)(i) is inadmissible under paragraph (6)(A), (6)(C), or
(7) of section 212(a); and
``(ii)(I) is convicted of, admits having committed, or
admits committing acts which constitute the essential
elements of any burglary, theft, larceny, or shoplifting
offense; or
``(II) is charged with any of the crimes listed in
subclause (I) and failed to appear for a hearing or
procedural appearance relating to such charge or for a
hearing relating to the alien's immigration status,
when the alien is released, without regard to whether the
alien is released on parole, supervised release, or
probation, and without regard to whether the alien may be
arrested or imprisoned again for the same offense.''.
______