New Way Forward Act Page 7
Statute of Limitations
201.Time for commencing removal proceedings
Section 239(d) of the Immigration and Nationality Act (8 U.S.C. 1229(d)) is amended by adding at the end the following:
(3)
(A)Notwithstanding paragraph (2), any removal proceeding against an alien previously admitted to the United States for being within a class of deportable aliens described in section 237(a)(2), or within a class of inadmissible aliens described in section 212(a)(2), shall not be entertained unless commenced not later than the date that is five years after the date on which the alien became deportable or inadmissible.
(B)This paragraph shall apply to any removal proceeding resulting in an order of removal before the date of the enactment of the New Way Forward Act as if in effect on the date on which the removal proceeding was commenced.
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III
Limit Criminal-System-to-Removal Pipeline
301.Criminal offenses and immigration laws
(a)Inadmissibility based on criminal and related grounds
Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended—
(1)by striking subparagraph (A); and
(2)by redesignating subparagraphs (B) through (I) as subparagraphs (A) through (H), respectively.
(b)Deportability based on criminal offenses
Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended—
(1)in subparagraph (A)—
(A)by striking clauses (i) and (ii);
(B)by redesignating clauses (iii) through (vi) as clauses (i) through (iv), respectively; and
(C)in clause (iv), as so redesignated, by striking Clauses (i), (ii), and (iii) and inserting Clauses (i) and (ii);
(2)by striking subparagraph (B); and
(3)by redesignating subparagraphs (C) through (F) as subparagraphs (B) through (E), respectively.
302.Definitions
(a)Aggravated felony
Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended—
(1)in the matter preceding subparagraph (A), by striking means— and inserting means a felony, for which a term of imprisonment of not less than 5 years was imposed, that is—;
(2)in subparagraph (F), by striking for which the term of imprisonment at least one year;
(3)in subparagraph (G), by striking for which and all that follows through year;
(4)in subparagraph (J), by striking , for which a sentence of one year imprisonment or more may be imposed;
(5)in subparagraph (P)—
(A)by striking (i); and
(B)by striking and (ii) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 12 months;
(6)in subparagraph (R), by striking for which the term of imprisonment is at least one year;
(7)in subparagraph (S), by striking , for which the term of imprisonment is at least one year; and
(8)by striking the last sentence.
(b)Conviction
Section 101(a)(48) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(48)) is amended—
(1)in subparagraph (A), by striking court and all that follows through to be imposed. and inserting the following: court. An adjudication or judgment of guilt that has been dismissed, expunged, sealed, deferred, annulled, invalidated, withheld, or vacated, or where a court has issued a judicial recommendation against removal, or an order of probation without entry of judgment or any similar disposition, shall not be considered a conviction for purposes of this Act. No judgment on appeal or within the time to file direct appeal shall be deemed a conviction for the purposes of this Act.; and
(2)in subparagraph (B)—
(A)by inserting only after deemed to include; and
(B)by striking or confinement and all that follows through the period at the end and inserting ordered by a court of law. Any such reference shall not be deemed to include any suspension of the imposition or execution of that imprisonment or sentence in whole or in part..
(c)Particularly serious crime
Section 208(b)(2)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1158)(b)(2)(B)(i)) is amended to read as follows:
(i)Conviction of aggravated felony
For purposes of clause (ii) of subparagraph (A), section 241(b)(3)(B), or any other provision of this Act, only an alien who has been convicted of an aggravated felony for which a term of imprisonment of not less than five years was imposed shall be considered to have been convicted of a particularly serious crime.
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(d)Applicability
The amendments made by this section shall apply to—
(1)admissions and conduct occurring before, on, or after the date of the enactment of this Act; and
(2)convictions and sentences entered before, on, or after the date of the enactment of this Act.