[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 844 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 844
To amend the Immigration and Nationality Act to facilitate the removal
of aliens identified in the terrorist screening database, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 3, 2017
Mr. Duncan of South Carolina (for himself, Mr. Barletta, Mr. LaMalfa,
Mr. Zeldin, Mr. Gosar, Mr. King of Iowa, Mr. McClintock, Mr. Babin, Mr.
Brat, and Mr. Luetkemeyer) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to facilitate the removal
of aliens identified in the terrorist screening database, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorist Deportation Act of 2017''.
SEC. 2. INADMISSIBILITY OF ALIENS IDENTIFIED IN TERRORIST SCREENING
DATABASE.
Section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(i)) is amended--
(1) in subclause (VIII), by striking ``or'' at the end;
(2) by redesignating subclause (IX) as subclause (X); and
(3) by inserting after subclause (VIII) the following:
``(IX) is identified in the
terrorist screening database (as such
term is defined in section 2101(10) of
the Homeland Security Act of 2002 (6
U.S.C. 621(10))), except for an alien
lawfully admitted for permanent
residence (as defined in section
101(a)(20)); or''.
SEC. 3. DEPORTABILITY OF ALIENS IDENTIFIED IN TERRORIST SCREENING
DATABASE.
Section 237(a)(4)(B) of the Immigration and Nationality Act (8
U.S.C. 1227(a)(4)(B)) is amended by inserting before the period at the
end the following ``, except that an alien lawfully admitted for
permanent residence (as defined in section 101(a)(20)) is not
deportable for being described in subparagraph (B)(i)(IX) of section
212(a)(3)''.
SEC. 4. WAIVERS OF GROUND OF INADMISSIBILITY FOR ALIENS IDENTIFIED IN
TERRORIST SCREENING DATABASE.
Section 212(d)(3) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(3)) is amended--
(1) in each of clauses (i) and (ii) of subparagraph (A), by
inserting ``and other than paragraph (3)(B)(i)(IX) of such
subsection except as provided in subparagraph (C)'' after ``of
such subsection'';
(2) in subparagraph (B)(i), by inserting ``, or who is
within the scope of subsection (a)(3)(B)(i)(IX) except as
provided in subparagraph (C),'' after ``(a)(3)(B)(i)(II) of
this section,''; and
(3) by adding at the end the following:
``(C)(i) Subject to clause (ii) and only on an individual case-by-
case basis, if the Secretary of Homeland Security determines in the
Secretary's unreviewable discretion that it is in the national security
interests of the United States, an alien--
``(I) may be granted a nonimmigrant visa and be admitted
into the United States temporarily as a nonimmigrant under
subparagraph (A)(i);
``(II) may be admitted into the United States temporarily
as a nonimmigrant under subparagraph (A)(ii); and
``(III) shall not be subject to subsection
(a)(3)(B)(i)(IX).
``(ii) The Secretary of Homeland Security may grant a waiver under
clause (i) with respect to an alien only with the unanimous concurrence
of the Attorney General, the Director of the Federal Bureau of
Investigation, the Director of National Intelligence, and the Secretary
of State.''.
SEC. 5. UNAVAILABILITY OF CERTAIN IMMIGRATION BENEFITS TO ALIENS
IDENTIFIED IN TERRORIST SCREENING DATABASE.
(a) Asylum.--Section 208(b)(2)(A)(v) of the Immigration and
Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended by striking ``or
(VI)'' and inserting ``(VI), or (IX)''.
(b) Withholding of Removal.--Section 241(b)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended, in
the matter preceding clause (i), by inserting ``inadmissible under
section 212(a)(3)(B)(i)(IX) or deportable under section 237(a)(4)(B) as
a consequence of being described in section 212(a)(3)(B)(i)(IX), or''
after ``does not apply to an alien''.
(c) Cancellation of Removal.--
(1) Cancellation of removal for certain permanent
residents.--Section 240A(a) of the Immigration and Nationality
Act (8 U.S.C. 1229b(a)) is amended, in the matter preceding
paragraph (1), by striking ``inadmissible or deportable'' and
inserting ``inadmissible (except an alien who is inadmissible
under section 212(a)(3)(B)(i)(IX)) or deportable (except an
alien who is deportable under section 237(a)(4)(B) as a
consequence of being described in section
212(a)(3)(B)(i)(IX))''.
(2) Cancellation of removal for certain nonpermanent
residents.--Section 240A(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1229b(b)(1)) is amended, in the
matter preceding subparagraph (A), by striking ``inadmissible
or deportable'' and inserting ``inadmissible (except an alien
who is inadmissible under section 212(a)(3)(B)(i)(IX)) or
deportable (except an alien who is deportable under section
237(a)(4)(B) as a consequence of being described in section
212(a)(3)(B)(i)(IX))''.
(d) Voluntary Departure.--Section 240B(c) of the Immigration and
Nationality Act (8 U.S.C. 1229c(c)) is amended to read as follows:
``(c) Aliens Ineligible.--The Secretary of Homeland Security shall
not permit an alien to depart voluntarily under this section if the
alien--
``(1) was previously permitted to so depart after having
been found inadmissible under section 212(a)(6)(A); or
``(2) is inadmissible under section 212(a)(3)(B)(i)(IX) or
deportable under section 237(a)(4)(B) as a consequence of being
described in section 212(a)(3)(B)(i)(IX).''.
(e) Adjustment of Status.--Section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) is amended--
(1) in subsection (c), by striking item (6) and inserting
``(6) an alien who is inadmissible under section
212(a)(3)(B)(i)(IX) or deportable under section
237(a)(4)(B);''; and
(2) in subsection (m)(1), in the matter preceding
subparagraph (A), by striking ``212(a)(3)(E),'' and inserting
``subparagraph (B)(i)(IX) or (E) of section 212(a)(3) or
section 237(a)(4)(B) as a consequence of being described in
section 212(a)(3)(B)(i)(IX),''.
(f) Registry.--Section 249 of the Immigration and Nationality Act
(8 U.S.C. 1259) is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''; and
(2) by striking ``inadmissible under section 212(a)(3)(E)
or under'' and inserting ``inadmissible under section
212(a)(3)(B)(i)(IX) or (E) or deportable from the United States
under section 237(a)(4)(B) as a consequence of being described
in section 212(a)(3)(B)(i)(IX) or under''.
(g) Convention Against Torture.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Homeland Security
shall revise the regulations found at sections 208.16 through 208.18 of
title 8, Code of Federal Regulations, implementing the United Nations
Convention Against Torture and Other Forms of Cruel, Inhuman or
Degrading Treatment or Punishment, done at New York on December 10,
1984. The revised regulations--
(1) shall exclude from the protection of such regulations
aliens described in section 212(a)(3)(B)(i)(IX) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(IX))
and make such aliens ineligible for withholding or deferral of
removal under the immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))); and
(2) shall ensure that the revised regulations operate so as
to allow for the reopening and readjudication of determinations
made under the regulations before the effective date of the
revision and apply to acts and conditions constituting grounds
of ineligibility for the protection of such regulations
(including ineligibility for withholding or deferral of
removal) as revised, regardless of when such acts or conditions
occurred.
SEC. 6. EXPEDITED REMOVAL OF ALIENS INADMISSIBLE OR DEPORTABLE ON
SECURITY AND RELATED GROUNDS.
Section 238 of the Immigration and Nationality Act (8 U.S.C. 1228)
is amended--
(1) in the section heading, by adding at the end the
following: ``or inadmissible or deportable on security or
related grounds'';
(2) by redesignating the subsections succeeding subsection
(b) as subsections (d) and (e), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Removal of Aliens Who Are Not Permanent Residents and Who Are
Inadmissible or Deportable on Security or Related Grounds.--
``(1) In general.--The Secretary of Homeland Security, in
accordance with paragraph (3)--
``(A) notwithstanding section 240, in the case of
every alien described in paragraph (2), shall determine
the inadmissibility of such alien under section
212(a)(3)(B)(i)(IX) or the deportability of such alien
under section 237(a)(4)(B) as a consequence of being
described in section 212(a)(3)(B)(i)(IX) and issue an
order of removal pursuant to the procedures set forth
in this subsection to every such alien determined to be
inadmissible under section 212(a)(3)(B)(i)(IX) or
deportable under section 237(a)(4)(B) as a consequence
of being described in section 212(a)(3)(B)(i)(IX); and
``(B) in the case of an alien described in
paragraph (2) who is not issued an order under
subparagraph (A), may determine the inadmissibility of
such alien under section 212(a)(3)(B) (other than
subparagraph (B)(i)(IX)) or the deportability of such
alien under section 237(a)(4)(B) (other than as a
consequence of being described in section
212(a)(3)(B)(i)(IX)) and issue an order of removal
pursuant to the procedures set forth in this subsection
or section 240.
``(2) Aliens described.--An alien is described in this
paragraph if--
``(A) the alien has not been granted a waiver under
section 212(d)(3)(C); and
``(B) the alien--
``(i) was not lawfully admitted for
permanent residence at the time at which
proceedings under this subsection commenced; or
``(ii) had permanent resident status on a
conditional basis (as described in section 216)
at the time that proceedings under this
subsection commenced.
``(3) Expedited proceedings.--Proceedings under this
subsection shall be in accordance with such regulations as the
Secretary of Homeland Security shall prescribe. The Secretary
shall ensure that--
``(A) the alien is given reasonable notice of the
charges and of the opportunity described in
subparagraph (C);
``(B) the alien shall have the privilege of being
represented (at no expense to the government) by such
counsel, authorized to practice in such proceedings, as
the alien shall choose;
``(C) the alien has a reasonable opportunity to
inspect the evidence and rebut the charges;
``(D) a determination is made for the record that
the individual upon whom the notice for the proceeding
under this section is served (either in person or by
mail) is, in fact, the alien named in such notice;
``(E) a record is maintained for judicial review;
and
``(F) the final order of removal is not adjudicated
by the same person who issues the charges.
``(4) Judicial review.--The Secretary of Homeland Security
may not execute any order described in paragraph (1) until 14
calendar days have passed from the date that such order was
issued, unless waived by the alien, in order that the alien has
an opportunity to apply for judicial review under section 242.
``(5) Ineligibility for discretionary relief from
removal.--No alien adjudicated inadmissible or deportable in a
proceeding under this subsection shall be eligible for any
relief from removal that the Secretary of Homeland Security may
grant in the Secretary's discretion.''.
SEC. 7. EFFECTIVE DATE; APPLICABILITY.
This Act and the amendments made by this Act shall take effect on
the date of the enactment of this Act and shall apply to all aliens
identified in the terrorist screening database (as such term is defined
in section 2101(10) of the Homeland Security Act of 2002 (6 U.S.C.
621(10))) on or after such date.
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