text: 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.''.
target: 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.
feat_title: To strengthen the law enabling the United States to expeditiously remove terrorist criminals, to add flexibility with respect to the places to which aliens may be removed, to give sufficient authority to the Secretary of Homeland Security and the Attorney General to remove aliens who pose a danger to national security, and for other purposes.