What This Bill Does
This bill stops federal money from going to countries that refuse or unreasonably delay accepting their own citizens who have been ordered removed from the United States. The bill also prevents the government from issuing visas to people from those countries until they comply.
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Who It Affects
Foreign countries that don't accept their citizens ordered removed from the U.S., the U.S. Department of Homeland Security, the U.S. State Department, crime victims and their immediate family members, and people from countries that are not accepting deportations.
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Key Provisions
- The U.S. government stops sending federal financial assistance to any country that refuses or unreasonably delays accepting a person who is a citizen or resident of that country and has received a final removal order (Sec. 2)
- A country is considered to have unreasonably delayed if it does not accept the person within 90 days of receiving a request from an authorized U.S. official (Sec. 2)
- The Secretary of Homeland Security must submit a report to Congress every three months listing countries that refuse or delay repatriation (accepting people back), including the number of people refused and their criminal status (Sec. 2)
- No visas can be issued to people from countries listed in the Secretary's report unless that country issues travel documents by the deadlines set in the bill (Sec. 3)
- Crime victims or their immediate family members can sue in federal district court to enforce these rules, but cannot win money damages (Sec. 2 and Sec. 3)
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What Changes
If this becomes law, the federal government gains authority to cut off financial assistance to countries that don't accept deported people and to stop issuing visas to their nationals. The Secretary of Homeland Security must begin reporting on countries that refuse or delay repatriation every three months.
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Important Definitions
- "Unreasonably delayed": A country fails to accept a person within 90 days of receiving a repatriation request from an authorized U.S. official (Sec. 2)
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Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1203
To withhold Federal financial assistance from each country that denies or
unreasonably delays the acceptance of nationals of such country who
have been ordered removed from the United States and to prohibit
the issuance of visas to nationals of such country.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 27, 2023
Mr. BABIN introduced the following bill; which was referred to the Committee
on Foreign Affairs, and in addition to the Committee on the Judiciary,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To withhold Federal financial assistance from each country
that denies or unreasonably delays the acceptance of
nationals of such country who have been ordered removed
from the United States and to prohibit the issuance
of visas to nationals of such country.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Criminal Alien Depor-
4
tation Enforcement Act of 2023’’.
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•HR 1203 IH
SEC. 2. PROHIBITION ON FEDERAL FINANCIAL ASSISTANCE
1
TO COUNTRIES THAT DENY OR UNREASON-
2
ABLY DELAY THE ACCEPTANCE OF NATION-
3
ALS WHO HAVE BEEN ORDERED REMOVED
4
FROM THE UNITED STATES.
5
Chapter 1 of part I of the Foreign Assistance Act
6
of 1961 (22 U.S.C. 2151 et seq.) is amended by adding
7
at the end the following:
8
‘‘SEC. 137. PROHIBITION ON FEDERAL FINANCIAL ASSIST-
9
ANCE TO COUNTRIES THAT DENY OR UNREA-
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SONABLY DELAY THE REPATRIATION OF NA-
11
TIONALS WHO HAVE BEEN ORDERED RE-
12
MOVED FROM THE UNITED STATES.
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‘‘(a) IN GENERAL.—Except as otherwise provided
14
under this section, funds made available under this Act
15
may not be dispersed to a foreign country that refuses
16
or unreasonably delays the acceptance of an alien who—
17
‘‘(1) is a citizen, subject, national, or resident
18
of such country; and
19
‘‘(2) has received a final order of removal under
20
chapter 4 of title II of the Immigration and Nation-
21
ality Act (8 U.S.C. 1221 et seq.).
22
‘‘(b) DEFINED TERM.—In this section and in section
23
243(d) of the Immigration and Nationality Act (8 U.S.C.
24
1253(d)), a country is deemed to have refused or unrea-
25
sonable delayed the acceptance of an alien who is a citizen,
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•HR 1203 IH
subject, national, or resident if the country does not accept
1
the alien within 90 days of receiving a request to repa-
2
triate such alien from an official of the United States who
3
is authorized to make such a request.
4
‘‘(c) QUARTERLY REPORTS.—Not later than 90 days
5
after the date of enactment of this section, and every 3
6
months thereafter, the Secretary of Homeland Security
7
shall submit a report to the Senate and the House of Rep-
8
resentatives that—
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‘‘(1) lists all the countries which refuse or un-
10
reasonably delay repatriation (as defined in sub-
11
section (b)); and
12
‘‘(2) includes the total number of aliens who
13
were refused repatriation, organized by—
14
‘‘(A) country;
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‘‘(B) detention status; and
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‘‘(C) criminal status.
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‘‘(d) ISSUANCE OF TRAVEL DOCUMENTS.—If a coun-
18
try is listed in a report submitted under subsection (c),
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the country shall be subject to the sanctions described in
20
subsection (a) and in section 243(d) of the Immigration
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and Nationality Act unless the country issues appropriate
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travel documents—
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‘‘(1) not later than 100 days after the submis-
24
sion of such report on behalf of all aliens described
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•HR 1203 IH
in subsection (a) who have been convicted of a crime
1
committed while in the United States; and
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‘‘(2) not later than 200 days after the submis-
3
sion of such report on behalf of all other aliens de-
4
scribed in subsection (a).
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‘‘(e) STANDING.—A victim or an immediate family
6
member of a victim of a crime committed by any alien
7
described in subsection (a) after such alien has been issued
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a final order of removal shall have standing to sue in any
9
Federal district court to enforce the provisions of this sec-
10
tion and the provisions of section 243(d) of the Immigra-
11
tion and Nationality Act. No monetary judgments may be
12
awarded in a suit filed under this subsection.’’.
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SEC. 3. DISCONTINUING GRANTING VISAS TO NATIONALS
14
OF COUNTRY DENYING OR DELAYING AC-
15
CEPTING ALIENS.
16
Section 243(d) of the Immigration and Nationality
17
Act (8 U.S.C. 1253(d)) is amended to read as follows:
18
‘‘(d) DISCONTINUING GRANTING VISAS TO NATION-
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ALS OF COUNTRY DENYING OR DELAYING ACCEPTING
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ALIENS.—
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‘‘(1) IN GENERAL.—If a country is listed on the
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most recent report submitted by the Secretary of
23
Homeland Security to Congress under section 137(c)
24
of the Foreign Assistance Act of 1961, no visa may
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•HR 1203 IH
be issued to or status under the immigration laws
1
provided to a subject, national, or resident of such
2
country unless the country is in full compliance with
3
section 137(d) of such Act.
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‘‘(2) EFFECT OF UNAUTHORIZED ISSUANCE.—
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Any visa issued or status provided in violation of
6
this paragraph shall be null and void.
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‘‘(3) STANDING.—A victim or an immediate
8
family member of a victim of a crime committed by
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any alien described in section 137(a) of the Foreign
10
Assistance Act of 1961 after such alien has been
11
issued a final order of removal shall have standing
12
to sue in any Federal district court to enforce the
13
provisions of this subsection. No monetary judg-
14
ments may be awarded in a suit filed under this sub-
15
section.’’.
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Æ
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