Speech #1040020704

Chairman. the subcommittee chairman. the distinguished gentleman from Florida. has very adequately described the bill. I agree with his interpretations. H.R. 668 would amend the Immigration and Naturalization Act and other laws to make it easier to deport aliens who commit crimes in the United States and to provide law enforcement officials with additional tools to fight violations of immigration laws. The bill would broaden the definition of "aggravated felony" established by the 1994 crime bill so as to expand the reach of the summary deportation procedures that were put into effect last year. The 1994 act permits the INS to use an abbreviated administrative process with no right to an administrative hearing and with a limited right to judicial review to deport an alienother than a lawful permanent resident--who commits an "aggravated felony." The Attorney General is specifically denied the ability to withhold deportation of such individual on other grounds. for example. asylum. The list of offenses that would be considered to be "aggravated" felonies would be expanded to include certain crimes related to gambling. prostitution. document fraud. reentry of deported alien at improper time or place. commercial bribery. counterfeiting. forgery. trafficking in vehicles the identification numbers of which have been altered. perjury. bribery of a witness. and failure to appear to answer charges. The procedures for removal of such aliens would be further streamlined and their reach extended to include aliens who are admitted to the United States as lawful permanent residents. but on a "conditional bases." Such conditional status is conferred on the spousesand spouses childrenof citizens and lawful permanent residents as a device to discourage fraudulent marriages and deny participants of such fraudulent marriages the benefits of lawful permanent resident status. The bill also adds a requirement that expedited proceedings be conducted. in or translated for the alien into. a language the alien understands. In addition. H.R. 668 would amend the Immigration and Nationality Act to extend a restriction that exists on the Attorney Generals discretion to provide relief from deportationunder INA section 212(c)-for lawful permanent residents who have committed an "aggravated" felony. Such relief is now limited to individuals who have lived in the United States for more than 7 years. but who have served sentences of less than 5 years. The bill amends the law to deny the availability of section 212(c) relief to lawful permanent residents who are sentenced. rather than serve 5 years. Other significant provisions of H.R. 668: Collateral attacks of a deportation order in a subsequent prosecution that is based on violation of the order would be limited. Certain alien smugglingrelated offenses would be added to the list of Ricopredicate offenses. The Attorney General would be granted authority to seek wiretaps in connection with alien smuggling investigations. and Aliens who are convicted of a felony crime involving moral turpitude within 5 years of entry10 years in the case of legal permanent resident alienswould be deportable. regardless of sentence actually imposed. Under current law. aliens who commit crimes of moral turpitude can only be deported if they are actually sentenced to or serve at least 1 year in prison. Finally. the Violent Crime Control and Law Enforcement Act of 1994 would be amended to ensure that units of local government are eligible for reimbursement for the cost of incarcerating convicted criminal aliens. Mr.