H.R.6094 - Community Protection Act of 2006109th Congress (2005-2006)
Summary: H.R.6094 — 109th Congress (2005-2006)
Passed House without amendment (09/21/2006)
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Community Protection Act of 2006 - Title I: Dangerous Alien Detention Act of 2006 - (Sec. 101) Amends the Immigration and Nationality Act to permit indefinite detention of specified dangerous aliens under orders of removal who cannot be removed, subject to review every six months. States that habeas corpus review of such provisions shall be available only in the U.S. District Court for the District of Columbia after exhaustion of administrative remedies.
Authorizes the Secretary of Homeland Security to: (1) detain an alien subject to an administrative final order of removal who has been granted a stay of removal during the pendency of such stay; and (2) parole an alien ordered removed and provide that such alien not be detained unless removal becomes foreseeable or the alien violates parole conditions.
Requires that a detention review process be established for aliens under order of removal who have effected an entry and are cooperating with removal.
(Sec. 102) Authorizes indefinite detention of an inadmissible alien until such alien is subject to an administrative final order of removal. States that habeas corpus review of such provision shall be available only in the U.S. District Court for the District of Columbia after exhaustion of administrative remedies.
Title II: Criminal Alien Removal Act - (Sec. 201) Provides for expedited removal of aliens removable on criminal grounds.
Title III: Alien Gang Removal Act of 2006 - (Sec. 301) Makes an alien inadmissible for U.S. entry if: (1) such alien has been deported for criminal street gang participation; or (2) the consular officer or the Secretary knows or has reasonable grounds to believe that such alien is a member of a criminal street gang seeking U.S. entry in furtherance of gang-related crimes or activities or is a member of a designated criminal street gang.
Defines: (1) criminal street gang; and (2) gang crime.
Makes an alien deportable who: (1) is a street gang member convicted of committing or attempting to commit a gang crime; or (2) is determined by the Secretary to be a member of a designated criminal street gang.
Authorizes the Attorney General to designate a group or association as a criminal street gang. Requires the Attorney General to provide specified congressional leaders with prior notice of, and the factual basis for, such designation.
Provides for revocation of such designation by: (1) an Act of Congress; (2) the Attorney General's review based upon changed circumstances or national security; or (3) judicial appeal or petition to the Attorney General by a gang or association so designated.
(Sec. 302) Requires mandatory detention of aliens subject to removal based upon criminal street gang membership.
(Sec. 303) Makes such aliens ineligible for asylum and protection from removal to certain countries.