Recently the handling of civil immigration detainers by local law departments has been heavily scrutinized.
AILA Doc No. 98102190 | Dated October 21, 1998
SEC. 2242. UNITED STATES POLICY WITH RESPECT TO THE INVOLUNTARY RETURN OF PERSONS IN DANGER OF SUBJECTION TO TORTURE.
(a) Policy.--It shall be the policy of the United States not to expel, extradite, or otherwise effect the involuntary return of any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture, regardless of whether the person is physically present in the United States.
(b) Regulations.--Not later than 120 days after the date of enactment of this Act, the heads of the appropriate agencies shall prescribe regulations to implement the obligations of the United States under Article 3 of the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention.
(c) Exclusion of Certain Aliens.--To the maximum extent consistent with the obligations of the United States under the Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention, the regulations described in subsection (b) shall exclude from the protection of such regulations aliens described in section 241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)).
(d) Review and Construction.--Notwithstanding any other provision of law, and except as provided in the regulations described in subsection (b), no court shall have jurisdiction to review the regulations adopted to implement this section, and nothing in this section shall be construed as providing any court jurisdiction to consider or review claims raised under the Convention or this section, or any other determination made with respect to the application of the policy set forth in subsection (a), except as part of the review of a final order of removal pursuant to section 242 of the Immigration and Nationality Act (8 U.S.C. 1252).
(e) Authority To Detain.--Nothing in this section shall be construed as limiting the authority of the Attorney General to detain any person under any provision of law, including, but not limited to, any provision of the Immigration and Nationality Act.
(1) Convention defined.--In this section, the term ``Convention'' means 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.
(2) Same terms as in the convention.--Except as otherwise provided, the terms used in this section have the meanings given those terms in the Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention.
SEC. 2243. REPROGRAMMING OF MIGRATION AND REFUGEE ASSISTANCE FUNDS.
Section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706) is amended--
(1) in subsection (a)--
(A) by striking ``Foreign Affairs'' and inserting
``International Relations and the Committee on Appropriations''; and
(B) by inserting ``and the Committee on Appropriations'' after ``Foreign Relations''; and
(2) by adding at the end the following new subsection:
``(c) The Secretary of State may waive the notification requirement of subsection (a), if the Secretary determines that failure to do so would pose a substantial risk to human health or welfare. In the case of any waiver under this subsection, notification to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives shall be provided as soon as practicable, but not later than 3 days after taking the action to which the notification requirement was applicable, and shall contain an explanation of the emergency circumstances.''.
SEC. 2244. ELIGIBILITY FOR REFUGEE STATUS.
Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (Public Law 104-208; 110 Stat. 3009-171) is amended--
(1) in subsection (a)--
(A) by striking ``For purposes'' and inserting
``Notwithstanding any other provision of law, for purposes''; and
(B) by striking ``fiscal year 1997'' and inserting ``fiscal years 1997, 1998, and 1999''; and
(2) by amending subsection (b) to read as follows:
``(b) Aliens Covered.--
``(1) In general.-- An alien described in this subsection is an alien who--
``(A) is the son or daughter of a qualified national;
``(B) is 21 years of age or older; and
``(C) was unmarried as of the date of acceptance of the alien's parent for resettlement under the Orderly Departure Program.
``(2) Qualified national.--For purposes of paragraph (1), the term `qualified national' means a national of Vietnam who--
``(A)(i) was formerly interned in a reeducation camp in Vietnam by the Government of the Socialist Republic of Vietnam; or
``(ii) is the widow or widower of an individual described in clause (i); and
``(B)(i) qualified for refugee processing under the reeducation camp internees subprogram of the Orderly Departure Program; and
``(ii) on or after April 1, 1995, is or has been accepted--
``(I) for resettlement as a refugee; or
``(II) for admission as an immigrant under the Orderly Departure Program.''.
SEC. 2245. REPORTS TO CONGRESS CONCERNING CUBAN EMIGRATION POLICIES.
Beginning not later than 6 months after the date of enactment of this Act, and every 6 months thereafter, the Secretary of State shall supplement the monthly report to Congress entitled ``Update on Monitoring of Cuban Migrant Returnees'' with additional information concerning the methods employed by the Government of Cuba to enforce the United States-Cuba agreement of September 1994 and the treatment by the Government of Cuba of persons who have returned to Cuba pursuant to the United States-Cuba agreement of May 1995.
Cite as AILA Doc. No. 98102190.