Thread: Our immigration lock-up system

Our immigration lock-up system


Lamar Smith's bill could prevent immigrants from challenging their detention, the author writes. | AP Photo

By LAURA MURPHY | 7/14/11 9:49 PM EDT

Amadou Diouf came to the United States 15 years ago seeking, like so many before him, a small piece of the American dream. But his became a nightmare when he was arrested and thrown into immigration detention in 2003 for overstaying his visa.

Despite Diouf’s marriage to a U.S. citizen, and his productive life in the United States, immigration authorities justified his detention, in part, by claiming he had a “lack of family support.â€

H.R.1932 -- Keep Our Communities Safe Act of 2011 (Introduced in House - IH)


A BILL

To amend the Immigration and Nationality Act to provide for extensions of detention of certain aliens ordered removed, 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 `Keep Our Communities Safe Act of 2011'.

SEC. 2. DETENTION OF DANGEROUS ALIENS.

(a) In General- Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended--

(1) by striking out `Attorney General' each place it appears, except for the first reference in clause (a)(4)(B)(i), and inserting `Secretary';

(2) in paragraph (1), by amending subparagraph (B) to read as follows:

`(B) BEGINNING OF PERIOD- The removal period begins on the latest of the following:

`(i) The date the order of removal becomes administratively final.

`(ii) If the alien is not in the custody of the Secretary on the date the order of removal becomes administratively final, the date the alien is taken into such custody.

`(iii) If the alien is detained or confined (except under an immigration process) on the date the order of removal becomes administratively final, the date the alien is taken into the custody of the Secretary, after the alien is released from such detention or confinement.';

(3) in paragraph (1), by amending subparagraph (C) to read as follows:

`(C) SUSPENSION OF PERIOD-

`(i) EXTENSION- The removal period shall be extended beyond a period of 90 days and the alien may remain in detention during such extended period if--

`(I) the alien fails or refuses to make all reasonable efforts to comply with the removal order, or to fully cooperate with the Secretary's efforts to establish the alien's identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien's departure or conspires or acts to prevent the alien's removal that is subject to an order of removal;

`(II) a court, the Board of Immigration Appeals, or an immigration judge orders a stay of removal of an alien who is subject to an administratively final order of removal; or

`(III) the Secretary transfers custody of the alien pursuant to law to another Federal agency or a State or local government agency in connection with the official duties of such agency.

`(ii) RENEWAL- If the removal period has been extended under clause (C)(i), a new removal period shall be deemed to have begun on the date--

`(I) the alien makes all reasonable efforts to comply with the removal order, or to fully cooperate with the Secretary's efforts to establish the alien's identity and carry out the removal order;

`(II) the stay of removal is no longer in effect; or

`(III) the alien is returned to the custody of the Secretary.';


http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.1932: