JUDICIAL DEPORTATION.

SEC. 374. JUDICIAL DEPORTATION. (a) In General.— Section 242A(d) (8 U.S.C. 1252a(d)), as added by section 224(a) of Immigration and Nationality Technical Corrections Act of 1994 and before redesignation by section 308(b)(5) of this division, is amended— (1) in paragraph (1), by striking “whose criminal conviction causes such alien to be deportable under section 241(a)(2)(A)” and inserting “who is deportable”; (2) in paragraph (4), by striking “without a decision on the merits”; and (3) by adding at the end the following new paragraph: “(5) Stipulated judicial order of deportation.— The United States Attorney, with the concurrence of the Commissioner, may, pursuant to Federal Rule of Criminal Procedure 11, enter into a plea agreement which calls for the alien, who is deportable under this Act, to waive the right to notice and a hearing under this section, and stipulate to the entry of a judicial order of deportation from the United States as a condition of the plea agreement or as a condition of probation or supervised release, or both. The United States district court, in both felony and misdemeanor cases, and a United States magistrate judge in misdemeanor cases, may accept such a stipulation and shall have jurisdiction to enter a judicial order of deportation pursuant to the terms of such stipulation.”. (b) Deportation As a Condition of Probation.— Section 3563(b) of title 18, United States Code, is amended— (1) by striking “or” at the end of paragraph (20); (2) by redesignating paragraph (21) as paragraph (22); and 110 STAT. 3009–648 (3) by inserting after paragraph (20) the following new paragraph: “(21) be ordered deported by a United States district court, or United States magistrate judge, pursuant to a stipulation entered into by the defendant and the United States under section 242A(d)(5) of the Immigration and Nationality Act, except that, in the absence of a stipulation, the United States district court or a United States magistrate judge, may order deportation as a condition of probation, if, after notice and hearing pursuant to such section, the Attorney General demonstrates by clear and convincing evidence that the alien is deportable; or”. (c) Effective Date.— The amendment made by subsection (a)(2) shall be effective as if included in the enactment of section 224(a) of the Immigration and Nationality Technical Corrections Act of 1994.