Section 1 Short title
This Act may be cited as the “Criminal Alien Detention and Removal Act”.
Criminal Alien Detention and Removal Act
A BILL
To amend title 18, United States Code, to require the inclusion of a term of supervised release as a part of a sentence for certain offenders, to provide for the removal of deportable alien offenders, and for other purposes.
Sec. 2 Mandatory inclusion of a term of supervised release for certain offenders; removal of deportable alien offenders
Section 3583 of title 18, United States Code, is amended—
by amending subsection (a) to read as follows:
“(a) In general—The court, in imposing a sentence to a term of imprisonment—
“(1) except as provided in paragraph (2), may include as a part of the sentence a requirement that the defendant be placed on a term of supervised release after imprisonment if the defendant has been convicted of a misdemeanor; and
“(2) shall include as a part of the sentence a requirement that the defendant be placed on a term of supervised release if the defendant has been convicted of a felony, if such a term is required by statute, or if the defendant has been convicted for the first time of a domestic violence crime as defined in section 3561(b).”
in subsection (c)—
by striking “in determining whether to include a term of supervised release, and, if a term of supervised release is to be included,”; and
by inserting after “conditions of supervised release,” the following: “and in the case of an offense described in subsection (a)(1), whether to include a term of supervised release,”;
in subsection (d), by striking the following: “If an alien defendant is subject to deportation, the court may provide, as a condition of supervised release, that he be deported and remain outside the United States, and may order that he be delivered to a duly authorized immigration official for such deportation.”; and
by adding at the end the following:
“(l) Alien offenders—In the case of a defendant sentenced to a term of supervised release who is a deportable alien, the court—
“(1) may enter a judicial order of removal against the alien, and provide that as a condition of supervised release, the alien—
“(A) remain outside of the United States; and
“(B) be delivered to a duly authorized immigration official for deportation; or
“(2) except in the case where the court enters a judicial order of removal described in paragraph (1), shall provide that as a condition of supervised release, the alien be delivered to a duly authorized immigration official for removal proceedings in accordance with chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.).”