article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Removal of Terrorist Criminal Aliens Act of 2003''. SEC. 2. EXPEDITED REMOVAL OF TERRORIST CRIMINAL ALIENS. (a) In General.--Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after section 238 the following: ``SEC. 238A. EXPEDITED REMOVAL OF TERRORIST CRIMINAL ALIENS. ``(a) In General.--The Secretary of Homeland Security, in such Secretary's discretion, may in the case of an alien described in subsection (b), determine whether such alien is deportable and issue a final order of removal pursuant to the procedures set forth in this section. ``(b) Aliens Described.--An alien is described in this subsection if-- ``(1) the alien, whether or not admitted into the United States, was convicted of any criminal offense described in paragraph (2), (3)(B), or (6) of section 237(a) (without regard to the date of the commission of the offense); and ``(2) the Secretary of Homeland Security, in such Secretary's discretion and in consultation with appropriate heads of agencies of the executive branch, certifies that the alien is engaged in any activity that endangers the national security of the United States. ``(c) Execution of Order.-- ``(1) In general.--The Secretary of Homeland Security, in such Secretary's discretion, may at any time execute any order described in subsection (a), except-- ``(A) during the 14-day period commencing after the date on which such order is issued, in order that the alien has an opportunity to apply for judicial review under section 242, unless this subparagraph is waived by the alien; or ``(B) if the removal has been stayed under section 242(f)(2). ``(2) Review.--Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, no court other than a court of appeals pursuant to its jurisdiction under section 242 of this Act shall have jurisdiction to review or set aside any order, action, or decision taken or issued pursuant to this section. Review in the court of appeals shall be limited to determining whether the petitioner is-- ``(A) an alien; and ``(B) subject to a final judgment of conviction for an offense described in paragraph (2), (3)(B), or (6) of section 237(a). ``(d) Regulations.--Proceedings before the Secretary of Homeland Security under this section shall be in accordance with such regulations as such Secretary shall prescribe. Such regulations shall provide that-- ``(1) the alien shall be given reasonable notice of the grounds for removal alleged and of the opportunity described in paragraph (3); ``(2) the alien shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as the alien shall choose; ``(3) the alien shall have a reasonable opportunity to inspect the evidence and rebut the charges that the alien is subject to a final judgment of conviction for an offense described in paragraph (2), (3)(B), or (6) of section 237(a); ``(4) a determination shall be made on the record that the individual upon whom the notice for the proceeding under this section is served (either in person or by mail) is, in fact, the alien named in such notice; ``(5) a record shall be maintained for judicial review; and ``(6) the final order of removal may not be adjudicated by the same person who issues the charges. ``(e) Eligibility for Certain Relief.--No alien described in subsection (b), regardless of whether the alien is subject to procedures under this section or to proceedings under section 240, shall be eligible for withholding under section 241(b)(3) or for any discretionary relief from removal under the immigration laws of the United States.''. (b) Clerical Amendment.--The table of contents for the Immigration and Nationality Act is amended by inserting after the item relating to section 238 the following: ``238A. Expedited removal of terrorist criminal aliens.''. SEC. 3. ADDITIONAL REMOVAL AUTHORITIES. (a) In General.--Section 241(b) of the Immigration and Nationality Act (8 U.S.C. 1231(b)) is amended-- (1) in paragraph (1)-- (A) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; (B) in each of subparagraphs (A) and (B), by striking the period at the end and inserting ``unless, in the opinion of the Secretary of Homeland Security, removing the alien to such country would be prejudicial to the United States.''; and (C) by amending subparagraph (C) to read as follows: ``(C) Alternative countries.--If the alien is not removed to a country designated in subparagraph (A) or (B), the Secretary of Homeland Security may, in such Secretary's discretion, remove the alien to-- ``(i) the country of which the alien is a citizen, subject, or national, unless the country prevents the alien from entering the country upon the alien's removal there; or ``(ii) any country whose government will accept the alien into that country.''; and (2) in paragraph (2)-- (A) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; (B) by amending subparagraph (D) to read as follows: ``(D) Alternative countries.--If the alien is not removed to a country designated under subparagraph (A)(i), the Secretary of Homeland Security may, in such Secretary's discretion, remove the alien to a country of which the alien is a subject, national, or citizen, unless-- ``(i) the country prevents the alien from entering the country upon the alien's removal there; or ``(ii) in the opinion of the Secretary of Homeland Security, removing the alien to the country would be prejudicial to the United States.''; and (C) by amending subparagraph (E)(vii) to read as follows: ``(vii) Any country whose government will accept the alien into that country.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to any deportation, exclusion, or removal on or after such date pursuant to any deportation, exclusion, or removal order, regardless of whether such order is administratively final before, on, or after such date. SEC. 4. REMOVAL OF ALIENS POSING A DANGER TO NATIONAL SECURITY. Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the end the following: ``(E) National security.-- ``(i) Aliens other than lawful permanent residents.--An alien, other than an alien lawfully admitted for permanent residence, whose presence or activities in the United States the Attorney General or the Secretary of Homeland Security has reason to believe poses or pose a danger to the national security of the United States (as defined in section 219(c)(2)), is deportable. ``(ii) Delegation.--Delegation by the Attorney General and the Secretary of Homeland Security of authority to make determinations for the purpose of establishing deportability under this subparagraph shall be limited to the Deputy Attorney General and the Deputy Secretary of Homeland Security, respectively. ``(iii) Best available information.--In making determinations for the purpose of establishing whether an alien is deportable under this subparagraph, the Attorney General or the Deputy Attorney General, and the Secretary of Homeland Security or Deputy Secretary of Homeland Security, may take into account the best available information from the intelligence community, including confidential or national security information, and shall consult with appropriate heads of agencies of the executive branch. ``(iv) Judicial review.--A determination made under this subparagraph shall be affirmed if challenged in Federal court where a facially legitimate and bona fide reason in support of the determination is provided. ``(v) Relief and withholding.--An alien who is deportable under this subparagraph shall not be eligible for any discretionary relief from removal or for withholding of removal under section 241(b)(3). Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, no court shall have jurisdiction to review a denial of relief or withholding made pursuant to this clause.''.
summary: Removal of Terrorist Criminal Aliens Act of 2003 - Amends the Immigration and Nationality Act to establish procedures for the expedited removal of a terrorist criminal alien, and authorizes the Secretary of Homeland Security to issue a final order of removal under such provisions. Limits judicial review respecting such an order, action, or decision. Makes such an alien ineligible for certain discretionary relief from removal. Revises provisions respecting countries to which an alien may be removed. Includes among the classes of deportable aliens a non-permanent resident alien who poses a danger or national security threat to the United States.