SPECTER AMENDMENT NO. 1237 (Senate - June 06, 1995)

[Page: S7795]

(Ordered to lie on the table.)

Mr. SPECTER submitted an amendment intended to be proposed by him to amendment No. 1199, proposed by Mr. Dole to the bill, S. 735, supra; as follows:

On page 30, strike line 4 and all that follows through page 41, line 18.

On page 54, after line 23, insert the following:


Section 242A of the Immigration and Nationality Act (8 U.S.C. 1252a) is amended by adding after subsection (b) the following new subsection:

`(c) Deportation of Alien Terrorists.--

'(1) In general.--Notwithstanding any other provision of this section, deportation proceedings for an alien who is deportable under section 241(a)(4)(B) shall be governed by this subsection.

`(2) Definition.--For purposes of this subsection, the term `terrorism activity' has the meaning given such term in section 212(a)(3)(B)(ii).

`(3) Hearing.--An alien who is deportable under section 241(a)(4)(B) shall be given a full evidentiary hearing as expeditiously as possible, but in no event later than 30 days after the alien has been given notice under section 242(b)(1), to determine--

`(A) whether the person is an alien within the meaning of section 101(a)(3); and

`(B) whether the alien has engaged in terrorism activity.

`(4) Appeal.--(A) Appeal of a determination under paragraph (3) shall lie with the United States Court of Appeals for the circuit in which the hearing was held. An appeal under this paragraph shall be filed not later than 10 days after the date on which the determination was issued.

`(B) The court of appeals shall render a decision on an appeal filed under subparagraph (A) not later than 45 days after the date on which the appeal is filed.

`(5) Deportation.--An alien who is ordered to be deported under this subsection shall not be permitted to apply for asylum, suspension of deportation, or waiver of removal on any grounds within the discretion of the Attorney General.'.