S 1007 — A bill to require that certain aliens receive written notice of removal proceedings before being granted parole or released from detention and to enumerate the possible consequences for failing to attend such proceedings.

Summary

This bill increases the penalties for an alien who fails to appear at a removal proceeding and modifies related procedures. Currently, an alien who misses a required removal proceeding shall be ordered removed from the United States if U.S. Immigration and Customs Enforcement proves that the alien had received written notice to appear at the removal proceeding. If an alien in Department of Justice or Department of Homeland Security custody is required to attend a removal proceeding, this bill requires DOJ or DHS to issue such a written notice to the alien before removing or paroling that alien from its custody. Furthermore, under this bill, an alien who fails to attend a required removal proceeding after receiving written notice shall lose any immigration status or benefit the alien may have, absent exceptional circumstances.

Bill Text

• Introduced Introduced in Senate Current html March 25, 2021

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill requires written notice of removal proceedings for certain aliens before they can be granted parole or released from detention, and specifies consequences for failing to attend those proceedings.

• 8 U.S.C. 1225(b)

  (4) Written notice.--An alien described in this subsection shall not be granted parole or released from detention by the Attorney General or the Secretary of Homeland Security without having been provided a written notice under paragraph (1) or (2) of section 239(a) that-- (A) informs the alien that he or she is required to appear before an immigration judge for removal proceedings; and (B) identifies the specific date on which such proceedings will take place.

  This addition mandates that certain aliens receive written notice of removal proceedings before being released from detention.

• 8 U.S.C. 1229a(b)(5)(A)

  Any alien → (i) Removal.--Any alien

  This change clarifies the provision regarding removals of aliens.

• 8 U.S.C. 1229a(b)(5)(A)

  the Service → U.S. Immigration and Customs Enforcement

  This change specifies the agency responsible for enforcing this provision.

• 8 U.S.C. 1229a(b)(5)(A)

  (ii) Additional consequences for failure to attend proceeding.--Absent exceptional circumstances, the failure of an alien to attend a proceeding referred to in clause (i) shall result in the immediate termination of-- (I) the alien's parole; (II) deferred action; (III) temporary protected status under section 244; (IV) any other immigration status; and (V) any employment authorization associated with any status set forth in subclauses (I) through (IV).

  This addition stipulates that not attending the hearing will have severe immigration consequences for the alien.

Action History

1. March 25, 2021

   Introduced in Senate

2. March 25, 2021

   Read twice and referred to the Committee on the Judiciary.

Sponsors

• Tommy Tuberville · Primary

Subjects