[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[S. 1351 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 1351
To curb criminal activity by aliens, to defend against acts of
international terrorism, to protect American workers from unfair labor
competition, and to relieve pressure on public services by
strengthening border security and stabilizing immigration into the
United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 4 (legislative day, June 30), 1993
Mr. Reid introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To curb criminal activity by aliens, to defend against acts of
international terrorism, to protect American workers from unfair labor
competition, and to relieve pressure on public services by
strengthening border security and stabilizing immigration into the
United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Immigration Stabilization Act of
1993".
SEC. 2. TABLE OF TITLES.
TITLE I—ADMISSION OF IMMIGRANTS
TITLE II—ADMISSION OF REFUGEES
TITLE III—ASYLUM REFORM
TITLE IV—CRIMINAL ALIENS
TITLE V—FINANCIAL RESPONSIBILITY
TITLE VI—EMPLOYER SANCTIONS
TITLE VII—BORDER SECURITY
TITLE VIII—ALIEN SMUGGLING
TITLE IX—LOCAL COOPERATION
TITLE X—CITIZENSHIP
SEC. 3. EFFECTIVE DATE.
Except where otherwise specifically provided, the provisions of
this Act are effective for fiscal years after fiscal year 1993.
TITLE I—ADMISSION OF IMMIGRANTS
SEC. 101. WORLDWIDE LEVELS OF IMMIGRATION.
Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151)
is amended—
(a) by striking subsection (c) and inserting:
"(c) The worldwide level of family-sponsored immigrants is—
"(i) 300,000, minus
"(ii) the sum of—
"(A) the number of refugees admitted under section
207 in the preceding fiscal year, and
"(B) the number of aliens described in sections
201(b)(2) and 203(b) who were issued immigrant visas or
who otherwise acquired the status of aliens lawfully
admitted to the United States for permanent residence
in the previous fiscal year;";
(b) by striking subsection (d) and inserting:
"(d) The worldwide level of employment-based immigrants is
40,000"; and
(c) by striking "55,000" from subsection (e) and
inserting "zero".
SEC. 102. ALLOTMENT OF VISAS.
Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153)
is amended by—
(a) adding the following paragraph to subsection (a):
"(5) If the worldwide level of family-sponsored immigrants
for any fiscal year is less than 226,000, then the maximum
number of visas that can be allotted to any class of family-
sponsored immigrants under this subsection shall be
proportionately reduced for that fiscal year;";
(b) striking subsection (b) and inserting:
"(b) Allocation for Employment-Based Immigrants.—Visas shall be
made available in a number not to exceed the worldwide level of
employment-based immigrants to qualified immigrants who are aliens
described in any of the following paragraphs (1) through (3).
"(1) Aliens with extraordinary ability.—An alien is
described in this paragraph if—
"(A) the alien has extraordinary ability in the
sciences, arts, education, business, or athletics which
has been demonstrated by sustained national or
international acclaim and whose achievements have been
recognized in the field through extensive
documentation,
"(B) the alien seeks to enter the United States to
continue work in the area of extraordinary ability, and
"(C) the alien’s entry into the United States will
substantially benefit prospectively the United States.
"(2) Outstanding professors and researchers.—An alien is
described in this paragraph if—
"(A) the alien is recognized internationally as
outstanding in a specific academic area,
"(B) the alien has at least 3 years of experience
in teaching or research in the academic area, and
"(C) the alien seeks to enter the United States—
"(i) for a tenured position (or tenure-
track position) within a university or
institution of higher education to teach in the
academic area,
"(ii) for a comparable position with a
university or institution of higher education
to conduct research in the area, or
"(iii) for a comparable position to
conduct research in the area with a department,
division, or institute of a private employer,
if the department, division, or institute
employs at least 3 persons full-time in
research activities and has achieved documented
accomplishments in an academic field.
"(3) Certain multinational executives and managers.—An
alien is described in this paragraph if the alien, in the 3
years preceding the time of the alien’s application for
classification and admission into the United States under this
paragraph, has been employed for at least 1 year by a firm or
comporation or other legal entity or an affiliate or subsidiary
thereof and the alien seeks to enter the United States in order
to continue to render services to the same employer or to a
subsidiary or affiliate thereof in a capacity that is
managerial or executive.".
(c) striking subsection (c) and inserting:
"(c) Visas shall be made available to employment-related
immigrants in the order in which a petition on behalf of each such
immigrant is filed with the Attorney General and waiting lists of
applicants for visas shall be maintained in accordance with regulations
prescribed by the Secretary of State.";
(d) striking "(a), (b), or (c)" from subsections (d),
(f), and (g) and inserting "(a) or (b)";
(e) striking subsection (e); and
(f) renumbering subsections (f) and (g) as (e) and (f),
respectively.
SEC. 103. APPROVAL OF PETITIONS.
Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154)
is amended by—
(a) striking from subsection (a)(1)(A) "the classification
by reason of a relationship described in paragraph (1), (3), or
(4) of section 203(a) or";
(b) striking from subsection (a)(1) subparagraphs (B), (C),
(D), (E), (F), (G), and inserting:
"(B) Any alien desiring to be classified under
section 203(b), or any person on behalf of such an
alien, may file a petition with the Attorney General
for such classification.";
(c) striking from subsection (e) "as an immigrant under
subsection (a), (b), or (c) of section 203 or";
(d) striking from subsection (f)(i) ", 203(a)(1), or
203(a)(3), as appropriate"; and
(e) adding:
"(h) Notwithstanding any other provision of this section, the
Attorney General shall not approve after September 30, 1993, any
petitions other than for immediate relative status under section
201(b)(2) or classification by reason of a relationship described in
section 203(b).".
SEC. 104. CONFORMING AMENDMENTS.
The Immigration and Nationality Act is amended by—
(a) striking from section 201(b)(2)(A)(i) "the children,
spouses, and parents of a citizen of the United States, except
that, in the case of parents, such citizens shall be at least
21 years of age" and inserting "children and spouses of a
citizen of the United States";
(b) striking from section 203(a)(1) "Unmarried Sons or
Daughters of Citizens.—Qualified immigrants who are the
unmarried sons or daughters of citizens or the United States"
and inserting "Parents of Adult United States Citizens.—
Qualified immigrants who are the parents of citizens of the
United States who are at least 21 years of age"; and
(c) striking "Married" and "married" from section
203(a)(3) .
TITLE II—ADMISSION OF REFUGEES
SEC. 201. NUMBER OF ADMISSIONS.
Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157)
is amended by striking subsection (a) and inserting:
"(a) Except as provided in subsection (b), the number of refugees
who may be admitted under this section in any fiscal year may not
exceed 50,000. Admissions under this subsection shall be allocated by
the President among refugees of special humanitarian concern to the
United States.".
SEC. 202. NONDISCRIMINATION IN REFUGEE ADMISSIONS.
(a) Public Law 89-732, as amended by Public Law 94-571, is
repealed.
(b) Section 207 of the Immigration and Nationality Act (8 U.S.C.
1157) is amended by adding after subsection (e) thereof:
"(f) Determinations of the allocation of admissions under
subsections (a) and (b), determinations of admissions under subsection
(c), and procedures for the determination of refugee status shall not
discriminate in favor of or against any alien on the basis of the
alien’s race, religion, nationality, membership in a particular social
group, or political opinion.".
TITLE III—ASYLUM REFORM
SEC. 301. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.
(a) Inspection of Aliens.—Section 235(b) of the Immigration and
Nationality Act (8 U.S.C. 1225(b)) is amended to read as follows:
"(b) Inspection and Exclusion by Immigration Officers.—
"(1) An immigration officer shall inspect each alien who
is seeking entry to the United States.
"(2)(A) If the examining immigration officer determines
that an alien seeking entry—
"(i) does not present the documentation required
(if any) to obtain legal entry to the United States;
and
"(ii) does not indicate either an intention to
apply for asylum (under section 208) or a fear of
persecution, the officer shall order the alien excluded
from the United States without further hearing or
review.
"(B) The examining immigration officer shall refer for
immediate inspection at a port of entry by an asylum officer
under subparagraph (C) any alien who has indicated an intention
to apply for asylum or a fear of persecution.
"(C)(i) If an asylum officer determines that an alien has
a credible fear of persecution, the alien shall be entitled to
apply for asylum under section 208.
"(ii) If an asylum officer determines that an alien does
not have a credible fear of persecution the officer shall order
the alien excluded from the United States without further
hearing or review.
"(3)(A) Except as provided in subparagraph (B), if the
examining immigration officer determines that an alien seeking
entry is not clearly and beyond a doubt entitled to enter, the
alien shall be detained for a hearing before a special inquiry
officer.
"(B) The provisions of subparagraph (A) shall not apply—
"(i) to an alien crewman,
"(ii) to an alien described in paragraph (2)(A) or
2(C)(ii)(I), or
"(iii) if the conditions described in section
273(d) exist.
"(4) The decision of the examining immigration officer, if
favorable to the admission of any alien, shall be subject to
challenge by any other immigration officer and such challenge
shall operate to take the alien, whose privilege to enter is so
challenged, before a special inquiry officer for a hearing on
exclusion of the alien.
"(5)(A) Subject to subparagraph (B), an alien has not
entered the United States for purposes of this Act unless and
until such alien has been inspected and admitted by an
immigration officer pursuant to this subsection.
"(B) An alien who (i) is physically present in the United
States, (ii) has been physically present in the United States
for a continuous period of one year, and (iii) has not been
inspected and admitted by an immigration officer shall be
deemed to have entered the United States without inspection.
"(6) Interior repatriation.—The Secretary of State shall
undertake to enter into, on behalf of the United States,
arrangements with the governments of countries contiguous to
the United States that any excludable or deportable alien who
is to depart the United States to such country under an order
of deportation, under a grant of voluntary departure with
safeguards, or at a time when the alien is in federal custody
shall be transported to a point in the contiguous country that,
to the extent practicable, is not less than 500 kilometers from
the border of the United States.".
(b) Grounds for Exclusion.—Section 221(a)(6) of the Immigration
and Nationality Act is amended by adding the following paragraphs:
"(G)(i) Any alien who, in seeking entry to the United
States or boarding a common carrier for the purpose of coming
to the United States, presents any document which is forged,
counterfeit, altered, falsely made, stolen, or inapplicable to
the alien presenting the document, or otherwise contains a
misrepresentation of a material fact, shall be excluded.
"(ii) Subparagraph (ii) shall not apply to an alien if, in
the determination of the asylum officer, the document or
documents to which that subparagraph refers were presented by
the alien solely to enable the alien to depart directly from—
"(A) a country in which the alien had a credible
fear of persecution; or
"(B) a country in which there was a significant
danger that the alien would be returned to a country in
which the alien would have a credible fear of
persecution.
"(iii) For the purposes of this subparagraph, the term
‘credible fear of persecution’ means (I) that it is more
probable than not that the statements made by the alien in
support of his or her claim are true, and (II) that there is a
significant possibility, in light of such statements and of
such other facts as are known to the officer that the alien
could establish eligibility for asylum under section 208.
"(H) Any alien who, in boarding a common carrier for the
purpose of coming to the United States, presents a document
that relates or purports to relate to the alien’s eligibility
to enter the United States, and fails to present such document
to an immigration officer upon arrival at a port of entry into
the United States, shall be excluded.".
(b) Conforming Amendments.—Section 237(a) (8 U.S.C. 1227(a)) is
amended—
(1) in the second sentence of paragraph (1) by striking
"Deportation" and inserting "Subject to section 235(b)(2),
deportation"; and
(2) in the first sentence of paragraph (2) by striking
"If" and inserting "Subject to section 235(b)(2), if".
SEC. 302. ASYLUM.
(a) In General.—Section 208 (8 U.S.C. 1158) is amended to read as
follows:
"Sec. 208. (a) Asylum.—
"(1) Right to apply.—An alien physically present in the
United States or at a land border or port of entry may apply
for asylum in accordance with this section.
"(2) Conditions for granting.—
"(A) Grants by attorney general.—The Attorney
General may grant asylum to an alien if the alien
applies for asylum in accordance with the requirements
of this section and establishes that it is more
probable than not that in the alien’s country of
nationality (or, in the case of a person having no
nationality, the country in which such alien last
habitually resided) such alien would be arrested and
incarcerated or such alien’s life would be threatened
on account of race, religion, nationality, membership
in a particular social group, or political opinion.
"(B) Exception.—Subparagraph (A) shall not apply
to an alien if the Attorney General determines that—
"(i) the alien ordered, incited, assisted,
or otherwise participated in the persecution of
any person on account of race, religion,
nationality, membership in a particular social
group, or political opinion;
"(ii) the alien, having been convicted by
a final judgment of a particularly serious
crime, constitutes a danger to the community of
the United States;
"(iii) there are serious reasons for
believing that the alien has committed a
serious nonpolitical crime outside the United
States prior to the arrival of the alien in the
United States;
"(iv) there are reasonable grounds for
regarding the alien as a danger to the security
of the United States; or
"(v) a country willing to accept the alien
has been identified (other than the country
described in subparagraph (A)) to which the
alien can be deported or returned and the alien
does not establish that it is more likely than
not that the alien would be incarcerated or the
alien’s life would be threatened in such
country on account of race, religion,
nationality, membership of a particular social
group, or political opinion. For purposes of
clause (ii), an alien who has been convicted of
an aggravated felony shall be considered to
have committed a particularly serious crime.
The Attorney General shall promulgate
regulations that specify additional crimes that
will be considered to be a crime described in
clause (ii) or clause (iii).
"(3) Asylum status.—In the case of any alien granted
asylum under paragraph (2), the Attorney General, in accordance
with this section—
"(A) shall not deport or return the alien to the
country described under paragraph (2)(A);
"(B) shall authorize the alien to engage in
employment in the United States and provide the alien
with an ‘employment authorized’ endorsement or other
appropriate work permit; and
"(C) may allow the alien to travel abroad with the
prior consent of the Attorney General, except that such
travel may not be authorized to the country from which
the alien claimed to be fleeing persecution.
"(4) Termination.—Asylum granted under paragraph (2)
shall be terminated if the Attorney General, pursuant to such
regulations as the Attorney General may prescribe, determines
that—
"(A) the alien no longer meets the conditions
described in paragraph (2) owing to a change in
circumstances in the alien’s country of nationality or,
in the case of an alien having no nationality, in the
country in which the alien last habitually resided;
"(B) the alien meets a condition described in
paragraph (2);
"(C) a country willing to accept the alien has
been identified (other than the country described in
paragraph (2)) to which the alien can be deported or
returned and the alien cannot establish that it is more
likely than not that the alien would be arrested or
incarcerated in such country on account of race,
religion, nationality, membership in a particular
social group, or political opinion; or
"(D) the alien returns to the country from which
the alien claimed to be fleeing persecution or makes
application with the Attorney General to return to the
country from which the alien claimed to fleeing
persecution.
"(5) Acceptance by another country.—In the case of an
alien described in paragraph (2)(C)(v) or paragraph (4)(C), the
alien’s deportation or return shall be directed by the Attorney
General in the sole discretion of the Attorney General, to any
country which is willing to accept the alien into its territory
(other than the country described in paragraph (2)).
"(b) Asylum Procedure.—
"(1) Applications.—
"(A) In general.—
"(i) Deadline.—Subject to clause (ii), an
alien’s application for asylum shall not be
considered under this section unless—
"(I) the alien has filed, not
later than 30 days after entering or
coming to the United States, notice of
intention to file such an application,
and
"(II) such application is actually
filed not later than 45 days after
entering or coming to the United
States.
"(ii) Exception.—An application for
temporary asylum may be considered,
notwithstanding that the requirements of clause
(i) have not been met, only if the alien
demonstrates by clear and convincing evidence
changed circumstances in the alien’s country of
nationality (or in the case of an alien with no
nationality, in the country where the alien
last habitually resided) affecting eligibility
for asylum.
"(B) Requirements.—An application for temporary
asylum shall not be considered unless the alien submits
to the taking of fingerprints and a photograph in a
manner determined by the Attorney General.
"(C) Fees.—The Attorney General may provide for a
reasonable fee for the consideration of an application
for asylum or for any employment authorization under
subsection (a)(3)(B).
"(D) Notice of privilege of counsel and
consequences of frivolous application.—At the time of
filing a notice of intention to apply for asylum, the
alien shall be advised of 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 and of the consequences, under
subsection (d), of filling a frivolous application for
temporary asylum.
"(2) Consideration of applications; hearings.—
"(A) Asylum officers.—Applications for temporary
asylum shall be considered by officers of the Service
(referred to in this Act as ‘asylum officers’) who are
specially designated by the Service as having special
training and knowledge of international conditions and
human rights records of foreign countries. Pending the
designation of such officers, individuals who as of the
date of the enactment of the Immigration Stabilization
Act of 1993 are authorized to perform duties as asylum
officers shall be deemed to be qualified to be asylum
officers for purposes of this Act.
"(B) Scheduling of hearings.—
"(i) In general.—Upon the filing of an
application for asylum, an asylum officer, at
the earliest practicable time and after
consultation with the attorney for the
Government and the attorney (if any) for the
applicant, shall set the application for
hearing on a day certain or list it on a weekly
or other short-term calendar, so as to assure a
speedy hearing.
"(ii) Deadline.—Unless the applicant (or
an attorney for the applicant) consents in
writing to the contrary, the hearing on the
asylum application shall commence not later
than 45 days after the date the application was
filed.
"(C) Public hearings.—A hearing on a temporary
asylum application shall be open to the public unless
the applicant requests that it be closed to the public.
"(D) Rights in hearings.—The officer shall, to
the extent practicable, conduct the hearing in a
nonadversarial manner. During such hearing, the
applicant shall have the privilege of the assistance
and participation of counsel (as provided under
paragraph (1)(D)) and both the government and the
applicant shall be entitled to present evidence and
witnesses, to examine and object to evidence, and to
cross-examine all witnesses.
"(E) Country conditions.—An officer may request
opinions regarding country conditions from the
Secretary of State, but shall not request or consider
recommendations from the Secretary of State as to
whether a particular named individual should or should
not be granted temporary asylum.
"(F) Transcript of hearings.—A complete record of
the proceedings and of all testimony and evidence
produced at the hearing shall be kept. The hearing
shall be recorded verbatim. The Attorney General and
the Service shall provide that a transcript of a
hearing held under this section is made available not
later than 10 days after the date of completion of the
hearing.
"(G) Deadline for determinations on
applications.—The officer shall render a determination
on the application not later than 30 days after the
date of completion of the hearing. The determination of
the officer shall be based only on the officer’s
knowledge of international conditions and human rights
records of foreign countries, and evidence produced at
the hearing.
"(H) Resource allocation.—The Attorney General
shall allocate sufficient resources so as to assure
that applications for asylum are heard and determined
on a timely basis. However, nothing in this paragraph
relating to scheduling or deadlines shall be construed
as creating any right or benefit, substantive or
procedural, which is legally enforceable by any party
against the United States, its agencies, its officers,
or any other person.
"(I) Sanctions for failure to appear.—
"(i) Subject to clause (ii), the
application for asylum of an alien who does not
appear for a hearing on such application shall
be summarily dismissed unless the alien can
show exceptional circumstances (as defined in
section 242B(f)(2)) as determined by the asylum
officer.
"(ii) Clause (i) shall not apply if
written and oral notice were not provided as
required by section 242B(e)(4)(B).
"(iii) Except in exceptional circumstances
(as defined in section 242B(f)(2)), an
application summarily dismissed in accordance
with Clause (i) shall not be reopened or
reconsidered nor shall a new application for
asylum be entertained by the Attorney General
at any time.
"(J) Finality of determinations.—
"(i) In general.—The decision of the
asylum officer shall be the final
administrative determination of a claim for
asylum.
"(ii) Treatment of cases in exclusion or
deportation.—If proceedings are instituted
against an alien under section 235 or 242 of
this Act and the alien files an application for
asylum based on circumstances described in
subsection (b)(1)(A)(ii), the asylum officer
shall render, on an expedited basis, a decision
on the application.
"(c) Asylum Status Adjustments.—
"(1) Adjustment of status.—Under such regulations as the
Attorney General may prescribe, the Attorney General shall
adjust to the status of an alien granted asylum the status of
any alien granted asylum under subsection (a)(2)(A) who—
"(A) applies for such adjustment;
"(B) has been physically present in the United
States for at least 3 years after being granted asylum;
"(C) continues to be eligible for asylum under
this section; and
"(D) is admissible under this Act at the time of
examination for adjustment of status under this
subsection.
"(2) Treatment of spouse and children.—A spouse or child
(as defined in section 101(b)(A), (B), (C), (D), or (E)) of an
alien whose status is adjusted to that of an alien granted
asylum under paragraph (a)(2) may be granted the same status as
the alien if accompanying, or following to join, such alien.
"(3) Application fees.—The Attorney General may impose a
reasonable fee for the filing of an application for asylum
under this subsection.
"(d) Denial of Immigration Benefits for Frivolous Applications.—
"(1) In general.—If the asylum officer determines that an
alien has made a frivolous application for asylum under this
section and the alien has received the notice under subsection
(b)(1)(D)(i), the alien shall be permanently ineligible for any
benefits under this Act, effective as of the date of a final
determination on such application.
"(2) Treatment of fraudulent or material
misrepresentations.—For purposes of this subsection, an
application considered to be ‘frivolous’ includes, but is not
limited to, an application which is fraudulent or otherwise
contains a willful misrepresentation or concealment of a
material fact.".
SEC. 303. FAILURE TO APPEAR FOR ASYLUM HEARING.
Section 24B(e)(4) (8 U.S.C. 1252b(e)(4)) is amended in subparagraph
(A), by striking all after clause (iii) and inserting "shall not be
eligible for any benefits under this Act.".
SEC. 304. JUDICIAL REVIEW.
(a) Section 235 of the Immigration and Nationality Act (8 U.S.C.
1225) is amended by adding at the end thereof:
"(d) Notwithstanding any other provision of law, no court shall
have jurisdiction to review, except by petition for habeas corpus, any
determination made with respect to an alien found excludable pursuant
to titles I or II of this Act. In any such case, review by habeas
corpus shall be limited to examination of whether the petitioner (I) is
an alien, and (II) was ordered excluded from the United States pursuant
to the provisions of this Act. Regardless of the nature of the suit or
claim, no court shall have jurisdiction except as provided in this
paragraph to consider the validity of any adjudication or determination
of exclusion, to certify a class in an action challenging the exclusion
provisions of this Act or any portion or implementation thereof, or to
provide declaratory or injunctive relief with respect to the exclusion
of any alien.
"(e) In any action brought for the assessment of penalties for
improper entry or re-entry of an alien under sections 275, 276, 277 or
278 of the Immigration and Nationality Act, no court shall have
jurisdiction to hear claims collaterally attacking the validity of
orders of exclusion, or deportation entered under sections 235, 236, or
242 of that Act.".
SEC. 305. CONFORMING AMENDMENTS.
(a) Limitation on Deportation.—Section 243 (8 U.S.C. 1253) is
amended by striking subsection (h).
(b) Adjustment of Status.—Section 209(b) of the Immigration and
Nationality Act (8 U.S.C. 1159(b)) is amended—
(1) in paragraph (2) by striking "one year" and inserting
"5 years"; and
(2) by amending paragraph (3) to read as follows:
"(3) continues to be eligible for asylum under section
208,".
(c) Aliens Ineligible for Temporary Protected Status.—Section
244A(c)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C.
1254a(c)(2)(B)(ii)) is amended by striking "section 243(h)(2)" and
inserting "clauses (i), (ii), (iii), or (iv) of section
208(a)(2)(C)".
(d) Eligibility for Naturalization.—Section 316(f)(1) of the
Immigration and Nationality Act (8 U.S.C. 1427(f)(1)) is amended by
striking "subparagraphs (A) through (D) of paragraph 243(h)(2)" and
inserting "clauses (i), (ii), (iii), or (iv) of section
208(a)(2)(C)".
(e) Family Unity.—Section 301(e) of the Immigration Act of 1990
(Public Law 101-649) is amended by striking "section 243(h)(2)" and
inserting "clauses (i), (ii), (iii), or (iv) of section
208(a)(2)(C)".
SEC. 306. EFFECTIVE DATES.
(a) In General.—Except as otherwise provided, the amendments made
by this title shall take effect on the date of the enactment of this
Act.
(b) Exceptions.—
(1) The amendments made by this title shall not apply to
applications for asylum or withholding of deportation made
before the first day of the first month that begins more than
180 days after the date of the enactment of this Act and no
application for asylum under section 208 of the Immigration and
Nationality Act (as amended by section 201 of this Act) shall
be considered before such first day.
(2) In applying section 208(b)(1)(A) of the Immigration and
Nationality Act (as amended by this title) in the case of an
alien who has entered or came to the United States before the
first day described in paragraph (1), notwithstanding the
deadlines specified in such section—
(A) the deadline for the filing of a notice of
intention to file an application for asylum is 30 days
after such first day, and
(B) the deadline for the filing of the application
for asylum is 45 days after the date of filing such
notice.
(3) The amendments made by section 305(b) (relating to
adjustment of status) shall not apply to aliens granted asylum
under section 208 of the Immigration and Nationality Act, as in
effect before the date of the enactment of this Act.
TITLE IV—CRIMINAL ALIENS
SEC. 401. EXPANSION IN DEFINITION OF "AGGRAVATED FELONY".
(a) Expansion in Definition.—Section 101(a)(43) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(43) is amended to read as
follows:
"(43) The term ‘aggravated felony’ means—
"(A) murder;
"(B) any illicit trafficking in any controlled substance
(as defined in section 102 of the Controlled Substances Act),
including any drug trafficking crime as defined in section
924(c) of title 18, United States Code;
"(C) any illicit trafficking in any firearms or
destructive devices as defined in section 921 of title 18,
United States Code, or in explosive materials as defined in
section 841(c) of title 18, United States Code;
"(D) any offense described in (i) section 1956 of title
18, United States Code (relating to laundering of monetary
instruments) or (ii) section 1957 of such title (relating to
engaging in monetary transactions in property derived from
specific unlawful activity) if the value of the funds exceeded
$100,000;
"(E) any offense described in—
"(i) subsection (h) or (i) of section 842, title
18, United States Code, or subsection (d), (e), (f),
(g), (h), or (i) of section 844 of title 18, United
States Code (relating to explosive materials offenses),
"(ii) paragraph (1), (2), (3), (4), or (5) of
section 922(g), or section 922(j), section 922(n),
section 922(o), section 922(p), section 922(r), section
924(b), or section 924(h) of title 18, United States
Code (relating to firearms offenses), or
"(iii) section 5861 of title 26, United States
Code (relating to firearms offenses);
"(F) any crime of violence (as defined in section 16 of
title 18, United States Code, not including a purely political
offense) for which the term of imprisonment imposed (regardless
of any suspension of such imprisonment) is at least 5 years;
"(G) any theft offense (including receipt of stolen
property) or any burglary offense, where a sentence of 5 years
imprisonment or more may be imposed;
"(H) any offense described in section 875, section 876,
section 877, or section 1202 of title 18, United States Code
(relating to the demand for or receipt of ransom);
"(I) any offense described in section 2251, section 2251A
or section 2252 of title 18, United States Code (relating to
child pornography);
"(J) any offense described in—
"(i) section 1962 of title 18, United States Code
(relating to racketeer influenced corrupt
organizations), or
"(ii) section 1084 (if it is a second or
subsequent offense) or section 1955 of such title
(relating to gambling offenses), where a sentence of 5
years imprisonment or more may be imposed;
"(K) any offense relating to commercial bribery,
counterfeiting, forgery or trafficking in vehicles whose
identification numbers have been altered, where a sentence of 5
years imprisonment or more may be imposed;
"(L) any offense—
"(i) described in section 2421, section 2422, or
section 2423 of title 18, United States Code (relating
to transportation for the purpose of prostitution) for
commercial advantage, or
"(ii) described in section 1581 through 1585, or
section 1588, of title 18, United States Code (relating
to peonage, slavery, and involuntary servitude);
"(M) any offense relating to perjury or subornation of
perjury where a sentence of 5 years imprisonment or more may be
imposed;
"(N) any offense described in—
"(i) section 793 (relating to gathering or
transmitting national defense information), section 798
(relating to disclosure of classified information),
section 2153 (relating to sabotage) or section 2381 or
section 2382 (relating to treason) of title 18, United
States Code, or
"(ii) section 421 of title 50, United States Code
(relating to protecting the identity of undercover
intelligence agents);
"(O) any offense—
"(i) involving fraud or deceit where the loss to
the victim or victims exceeded $200,000; or
"(ii) described in section 7201 of title 26,
United States Code (relating to tax evasion), where the
tax loss to the Government exceeds $200,000;
"(P) any offense described in section 274(a)(1) of title
18, United States Code (relating to alien smuggling) for the
purpose of commercial advantage;
"(Q) any violation of section 1546(a) of title 18, United
States Code (relating to document fraud), for the purpose of
commercial advantage;
"(R) any offense relating to failing to appear before a
court pursuant to a court order to answer to or dispose of a
charge of a felony, where a sentence of 2 years or more may be
imposed; or any attempt or conspiracy to commit any such act.
Such term applies to offenses described in this paragraph
whether in violation of Federal or State law and applies to
such offenses in violation of the laws of a foreign country for
which the term of imprisonment was completed within the
previous 15 years; or
"(S) any felony committed by an alien on or after the date
that alien had received a waiver of deportation under sections
212 or 241 of this Act (8 U.S.C. 1182 or 1251) after commission
of a prior felony.".
(b) Effective Date.—The amendments made by this section shall
apply to all convictions entered before, on, or after the date of
enactment of this Act.
SEC. 402. DEPORTATION PROCEDURES.
(a) Elimination of Administrative Hearing for Certain Criminal
Aliens.—Section 242A of the Immigration and Nationality Act (8 U.S.C.
1252a) is amended by adding at the end the following:
"(c) Deportation of Aliens Who are not Permanent Residents.—
"(1) Notwithstanding section 242, and subject to paragraph
(5), the Attorney General may issue a final order of
deportation against any alien described in paragraph (2) whom
the Attorney General determines to be deportable under section
241(a)(2)(A)(iii) (relating to conviction of an aggravated
felony).
"(2) An alien is described in this paragraph if the
alien—
"(A) was not lawfully admitted for permanent
residence at the time that proceedings under this
section commenced, or
"(B) had permanent resident status on a
conditional basis (as described in section 216) at the
time that proceedings under this section commenced.
"(3) The Attorney General may delegate the authority in
this section to the Commissioner or to any District Director of
the Service.
"(4) No alien described in this section shall be eligible
for—
"(A) any relief from deportation that the Attorney
General may grant in his discretion, or
"(B) relief under section 243(h).
"(5) The Attorney General may not execute any order
described in paragraph (1) until 14 calendar days have passed
from the date that such order was issued, in order that the
alien has an opportunity to apply for judicial review under
section 106.".
(b) Limited Judicial Review.—Section 106 of the Immigration and
Nationality Act (8 U.S.C. 1105a) is amended—
(1) in the first sentence of subsection (a), by inserting
"or pursuant to section 242A" after "under section 242(b)";
(2) in subsection (a)(1) and subsection (a)(3), by
inserting "(including an alien described in section 242(A)"
after "aggravated felony"; and
(3) by adding at the end the following new subsection;
"(d) Notwithstanding subsection (c), a petition for review or for
habeas corpus on behalf of an alien described in section 242A(c) may
only challenge whether the alien is in fact as alien described in such
section, and no court shall have jurisdiction to review any other
issue.".
(c) Technical and Conforming Changes.—Section 242A of the
Immigration and Nationality Act (8 U.S.C. 1252a) is amended as follows:
(1) In subsection (a)—
(A) by striking "(a) In General.—" and inserting
"(b) Deportation of Permanent Resident Aliens.—(1) In
General.—"; and
(B) by inserting in the first sentence "permanent
resident" after "correctional facilities for";
(2) In subsection (b)—
(A) by striking "(b) Implementation.—" and
inserting "(2) Implementation.—"; and
(B) by striking "respect to an" and inserting
"respect to a permanent resident";
(3) By striking out subsection (c);
(4) In subsection (d)—
(A) by striking "(d) Expedited Proceedings.—(1)"
and inserting "(3) Expedited Proceedings.—(A)";
(B) by inserting "permanent resident" after "in
the case of any"; and
(C) by striking "(2)" and inserting "(B)";
(5) In subsection (e)—
(A) by striking "(e) Review.—(1)" and inserting
"(4) Review.—(A)";
(B) by striking the second sentence; and
(C) by striking "(2)" and inserting "(B)".
(6) By inserting after the section heading the following
new subsection:
"(a) Presumption of Deportability.—An alien convicted of an
aggravated felony shall be conclusively presumed to be deportable from
the United States.".
(7) The heading of such section is amended to read as
follows:
"expedited deportation of aliens convicted of committing aggravated
felonies".
(d) Effective Date.—The amendments made by this section shall
apply to all aliens against whom deportation proceedings are initiated
after the date of enactment of this Act.
SEC. 403. JUDICIAL DEPORTATION.
(a) Judicial Deportation.—Section 242A of the Immigration and
Nationality Act (8 U.S.C. 1252a) is amended by inserting at the end the
following new subsection:
"(d) Judicial Deportation.—
"(1) Authority.—In any criminal case subject to the
jurisdiction of any court of the United States or of any State,
such court may enter a judicial order of deportation at the
time of sentencing against an alien whose criminal conviction
causes such alien to be deportable under section
241(a)(2)(A)(iii) (relating to conviction of a felony).
"(2) Denial of judicial order.—Denial of a request for a
judicial order of deportation shall not preclude the Attorney
General from initiating deportation proceedings pursuant to
section 242 upon the same ground of deportability or upon any
other ground of deportability provided under section 241(a).".
(b) Technical and Conforming Changes.—The ninth sentence of
section 242(b) of the Immigration and Nationality Act (8 U.S.C.
1252(b)) is amended by striking out "The" and inserting in lieu
thereof, "Except as provided in section 242A(d), the".
(c) Effective Date.—The amendments made by this section shall
apply to all aliens whose adjudication of guilt or guilty plea is
entered in the record after the date of enactment of this Act.
SEC. 404. DEFENSES TO DEPORTATION.
(a) Defenses Based on Seven Years of Permanent Residence.—The last
sentence of section 212(c) of the Immigration and Nationality Act (8
U.S.C. 1182(c)) is amended by striking out "has served for such felony
or felonies" and all that follows through the period and inserting in
lieu thereof "has been sentenced for such felony or felonies to a term
of imprisonment of at least 5 years, Provided, That the time for
appealing such conviction or sentence has expired and the sentence has
become final.".
(b) Defenses Based on Withholding of Deportation.—Section
243(h)(2) of the Immigration and Nationality Act (8 U.S.C. 1253(h)(2))
is amended by—
(1) striking out the final sentence and inserting in lieu
thereof the following new subparagraph:
"(E) the alien has been convicted of a felony.";
and
(2) striking out the "or" at the end of subparagraph (C)
and inserting "or" at the end of subparagraph (D).
SEC. 405. ENHANCED PENALTIES FOR REENTRY OR FAILURE TO DEPART.
(a) Failure to Depart.—Section 242(e) of the Immigration and
Nationality Act (8 U.S.C. 1252(e)) is amended—
(1) by striking out "paragraph (2), (3), or 4 of" the
first time it appears, and
(2) by striking out "shall be imprisoned not more than ten
years" and inserting in lieu thereof, "shall be imprisoned
not more than two years, or shall be imprisoned not more than
ten years if the alien is a member of any of the classes
described in paragraph (2), (3), or (4) of section 241(a)".
(b) Reentry.—Section 276(b) of the Immigration and Nationality Act
(8 U.S.C. 1326(b)) is amended—
(1) in paragraph (1), by (A) inserting after "commission
of" the following: "two or more misdemeanors or", and (B)
striking out "5" and inserting in lieu thereof "10",
(2) in paragraph (2), by striking out "15" and inserting
in lieu thereof "20", and
(3) by adding at the end the following sentence: "For the
purposes of this subsection, the term ‘deportation’ shall
include any agreement where an alien stipulates to deportation
during a criminal trial under either Federal or State law.".
(c) Collateral Attacks on Underlying Deportation Order.—Section
276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended
by inserting after subsection (b) the following new subsection:
"(c) In any criminal proceeding under this section, no alien may
challenge the validity of the deportation order described in subsection
(a)(1) or subsection (b).".
SEC. 406. DEPORTATION OF IMPRISONED ALIENS.
Section 242(h) of the Immigration and Nationality Act (8 U.S.C.
1252(h)) is amended to read as follows:
"(h)(1) Except as provided in paragraph (2), an alien sentenced to
imprisonment may not be deported until such imprisonment has been
terminated by the release of the alien from confinement. Parole,
supervised release, probation, or possibility of rearrest or further
confinement in respect of the same offense shall not be a ground for
deferral of deportation.
"(2) The Attorney General may deport an alien prior to the
completion of a sentence of imprisonment—
"(A) in the case of an alien in the custody of the
Attorney General, if the Attorney General determines that the
alien has been adequately punished and that such deportation of
the alien is appropriate; or
"(B) in the case of an alien in the custody of a State, if
the chief State official exercising authority with respect to
the incarceration of the alien determines (i) that the alien
has been adequately punished and that such deportation is
appropriate, and (ii) submits a written request to the Attorney
General that such alien be so deported.".
SEC. 407. JUDICIAL ORDER OF DEPORTATION.
(a) In General.—Subchapter A of chapter 227 of title 18, United
States Code, is amended by adding at the end the following:
"Sec. 3560. Order of Deportation for certain aliens
"The court, upon sentencing an individual who is an alien for an
aggravated felony (as defined in section 101(a)(43) of the Immigration
and Nationality Act, shall include in a sentencing order a declaration
that the individual is deportable. And presentence report required
under the Rules of Criminal Procedure with respect to the sentencing of
any individual for such a felony shall include whether or not such
individual is an alien.".
(b) Clerical Amendment.—The table of sections at the beginning of
subchapter A of chapter 227 of title 18, United States Code, is amended
by adding at the end the following new item:
"3560. Order of deportation for certain aliens.".
(c) Deportation Procedures.—Section 242A of the Immigration and
Nationality Act (18 U.S.C. 1252a) is amended by adding at the end the
following:
"(f) Deportation Pursuant to a Judicial Order.—An alien subject
to a judicial order of deportation under section 3560 of title 18,
United States Code, shall be deported consistent with section
242(h).".
SEC. 408. FEDERAL INCARCERATION.
(a) Federal Incarceration.—Section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252) is amended by adding at the end the
following:
"(j)(1) The Attorney General shall take into the custody of the
Federal Government, and shall incarcerate for a determinate sentence of
imprisonment, a criminal alien described in paragraph (3) if—
"(A) the chief State official exercising authority with
respect to the incarceration of the undocumented criminal alien
submits a written request to the secretary;
"(B) the undocumented criminal is sentenced to a
determinate term of imprisonment;
"(C) the State in which the official described in
paragraph A exercises authority cooperates, and requires local
governments or agencies in such State to cooperate, with
Federal immigration authorities with respect to the
identification, location, arrest, prosecution, detention, and
deportation of aliens who are not lawfully present in the
United States; and
"(D) adequate Federal facilities are available for the
incarceration of the criminal alien.
"(2) Criminal aliens taken into the custody of the Attorney
General under paragraph (1) may be deported under subsection (h)(2)(A).
"(3) An alien is described in this paragraph if the alien—
"(A) has been convicted of a felony and sentenced to a
term of imprisonment, and
"(B)(i) had entered the United States without inspection
or at any time or place other than as designated by the
Attorney General, or
"(ii) was the subject of exclusion or deportation
proceedings at the time he or she was taken into custody by the
State.".
SEC. 409. INCREASED PENALTY FOR VISA FRAUD.
(a) False Statement.—Section 1542 of title 18, United States Code,
is amended by striking "fined not more than $2,000 or imprisoned not
more than five years, or both" and inserting "fined under this title
or imprisoned not more than 10 years, or both".
(b) Forgery.—Section 1543 of title 18, United States Code, is
amended by striking "fined not more than $2,000 or imprisoned not more
than five years, or both" and inserting "fined under this title or
imprisoned not more than 10 years, or both".
(c) Misuse of Passport.—Section 1544 of title 18, United States
Code, is amended by striking "fined not more than $2,000 or imprisoned
not more than five years, or both" and inserting "fined under this
title or imprisoned not more than 10 years, or both".
(d) Safe Conduct Violation.—Section 1545 of title 18, United
States Code, is amended by striking "fined not more than $2,000 or
imprisoned not more than three years, or both" and inserting "fined
under this title or imprisoned not more than 10 years, or both".
(e) Fraud and Misuse of Visas.—Section 1546(a) of title 18, United
States Code, is amended by striking "fined not more than $2,000 or
imprisoned not more than five years, or both" and inserting "fined
under this title or imprisoned not more than 10 years, or both".
SEC. 410. NOTIFICATION OF ALIEN ARREST.
Whenever a State or local law enforcement agency arrests an
immigrant or nonimmigrant alien for the commission of a felony, that
State or local law enforcement agency shall provide the District
Director of the Immigration and Naturalization Service for the district
in which the State or local law enforcement agency has jurisdiction the
following information within 72 hours of the arrest: the name of the
alien; the alien’s place of birth; the alien’s date of birth; the
alien’s alien registration number, if any; the nature of the offense
for which the alien was arrested; and any available information on
bond, future hearings and proceedings.
SEC. 411. EXCLUDABILITY OF UNLAWFUL ENTRANTS.
Section 204(c) of the Immigration and Nationality Act is amended by
adding a comma after the word "laws" the first time it appears,
striking the word "or" prior to "(2)" and inserting the following
before the period: "or (3) the petition was submitted by or on behalf
of any alien who entered or attempted to enter the United States
unlawfully, who entered or attempted to enter with fraudulent, forged
or stolen documents, who failed to present the immigration officer any
document produced when the alien boarded a common carrier for travel to
the United States, or who entered the United States lawfully as a
nonimmigrant but violated the terms of his or her nonimmigrant visa".
SEC. 412. EXCLUSION OF IMMIGRATION LAW VIOLATORS.
(a) Exclusion of Criminal Alien.—Section 212(a)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)) is amended
by striking "or" at the end of subparagraph (I) and inserting the
following new subparagraph prior to the phrase "is excludable": "or
(III) any violation of any immigration law or any violation of any
federal or State statute prohibiting fraud, including any statutes
prohibiting income tax evasion".
(b) Exclusion Reform.—Section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182) is amended by striking paragraph (c)
and inserting the following as new paragraph (c):
"(c) Aliens lawfully admitted for permanent residence who
temporarily proceeded abroad voluntarily and not under an order of
deportation shall not be admitted if that alien is excludable under
paragraph (a).".
SEC. 413. MISCELLANEOUS AND TECHNICAL CHANGES.
(a) Form of Deportation Hearings.—The second sentence of section
242(b) of the Immigration and Nationality Act (8 U.S.C. 1252(b)) is
amended by inserting before the period the following: "; except that
nothing in this subsection shall preclude the Attorney General from
authorizing proceedings by electronic or telephonic media (with or
without the consent of the alien) or, where waived or agreed to by the
parties, in the absence of the alien".
(b) Construction of Expedited Deportation Requirements.—No
amendment made by this Act and nothing in section 242(i) of the
Immigration and Nationality Act (8 U.S.C. 1252(i)), shall be construed
to create any right or benefit, substantive or procedural, which is
legally enforceable by any party against the United States, its
agencies, its officers, or any other person.
TITLE V—FINANCIAL RESPONSIBILITY
SEC. 501. PUBLIC CHARGE DEFINED.
Section 212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(4)) is amended by striking paragraph (4) and inserting:
"(4) Public charge.—Any alien who cannot demonstrate to
the consular officer at the time of application for a visa, or
to the Attorney General at the time of application for
admission or adjustment of status, that, taking into account
the alien’s age and medical condition, he or she has assets,
education, skills, or a combination thereof that make it very
unlikely that he or she will become eligible for means-tested
public assistance of any kind (including, but not limited to,
medical care or food and housing assistance) or will otherwise
become a public charge is excludable.".
SEC. 502. GUARANTEE OF FINANCIAL RESPONSIBILITY.
The Immigration and Nationality Act is amended by striking section
213 (8 U.S.C. 1183) and inserting:
"SEC. 213. FINANCIAL RESPONSIBILITY OF SPONSORS.
"(a) An alien excludable under paragraph 4 of Section 212(a) may,
if otherwise admissible, be admitted in the discretion of the Attorney
General upon the giving of a suitable and proper bond and a guarantee
of financial responsibility by an individual (hereinafter in this
section referred to as the alien’s ‘sponsor’) who is not less than 21
nor more than 60 years of age, is of good moral character, has never
been convicted of a felony, has never filed for bankruptcy or been
adjudicated a bankrupt, and is a citizen of the United States or an
alien lawfully admitted for permanent residence.
"(b) The guarantee of financial responsibility in subsection (a)
must provide (1) that the sponsor, and the sponsor’s spouse if the
sponsor is married, agree in the case of an alien under 21 years of
age, to assume legal custody for the alien after the alien’s departure
to the United States and until the alien becomes 21 years of age, in
accordance with the law of the State where the sponsor resides, and (2)
that the sponsor agrees to furnish, during the 5-year period beginning
on the date of the alien’s acquiring the status of an alien lawfully
admitted for permanent residence, or during the period beginning on the
date of the alien’s acquiring the status of an alien lawfully admitted
for permanent residence and ending on the date on which the alien
becomes 21 years of age, whichever period is longer, such financial
support as is necessary to prevent the alien’s becoming a public
charge.
"(c) A guarantee of financial responsibility given under
subsection (a) may be enforced with respect to an alien by a civil suit
against his sponsor by the Attorney General or by any Federal or State
agency that has provided the alien means-tested public assistance of
any kind, including but not limited to medical, food, and housing
assistance.
"(d) Civil suits under subsection (c) shall be brought in the
United States district court for the district in which the defendant
resides and may be brought at any time on or before the date that is 5
years after the date on which the sponsor’s period of financial
responsibility under subsection (a) expired.
"(e) The bond required of an alien’s sponsor by subsection (a)
shall be in favor of the United States and all States, territories,
countries, towns, municipalities, and districts within the United
States and shall hold them harmless against the alien’s becoming a
public charge. The bond shall be in such amount and shall contain such
conditions as the Attorney General may prescribe. The bond shall
terminate upon (1) the alien’s permanent departure from the United
States, (2) the death of an alien, or (3) the expiration of the period
of financial responsibility described in subsection (b), whichever
occurs first, and any sums or other security held to secure performance
thereof, except to the extent forfeited for violation of the terms
thereof, shall be returned to the person by whom furnished, or to his
legal representative.".
SEC. 503. LIMITED BENEFITS FOR ILLEGAL ALIENS.
(a) Direct Federal Financial Benefits.—Notwithstanding any other
provision of law, no direct Federal financial benefit or social
insurance benefit may be paid, conferred, or otherwise given, on or
after the date of enactment of this Act, to any alien not lawfully
admitted to the United States as a permanent resident or a refugee
except pursuant to a provision of the Immigration and Nationality Act:
Provided, however, That Federal reimbursement of emergency medical care
provided to such an alien may be provided under such regulations as the
Secretary of Health and Human Services may in his or her discretion
prescribe.
(b) Unemployment Benefits.—No alien who has not been granted
employment authorization pursuant to Federal law shall be eligible for
unemployment compensation under an unemployment compensation law of a
State or the United States.
TITLE VI—EMPLOYER SANCTIONS
SEC. 601. IMPLEMENTATION OF GAO RECOMMENDATIONS.
(a) Work Eligibility Documents.—Effective January 1, 1995, Section
274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended
by striking subparagraphs (A) through (D) of subsection (b)(1) and
inserting:
"(A) In general.—The person or entity must
attest, under penalty of perjury and on a form
designated or established by the Attorney General by
regulation, that it has verified that the individual is
not an unauthorized alien by—
"(i) examining the document described in
(B) in the case of an individual claiming to be
a United States citizen, United States
national,
"(ii) examining the document described in
paragraph (C) in the case of an individual not
claiming to be a United States citizen, a
United States national, or a permanent resident
alien, and
"(iii) reporting the individual’s Social
Security account number to the Social Security
Administration through the telephone
verification system established pursuant to
section 602 of the Immigration Stabilization
Act of 1993.
"(B) Documents of citizens and nationals.—The
document described in this paragraph is an individual’s
Social Security account number card issued pursuant to
section 601(c) of the Immigration Stabilization Act of
1993.
"(C) Documents of aliens.—The document described
in this paragraph is an alien’s identification card
issued by the Immigration and Naturalization Service
pursuant to section 601(b) of the Immigration
Stabilization Act of 1993.".
(b) Improvement of Alien Identity Cards.—
(1) Permanent resident aliens.—The Attorney General shall
cause to be issued to every alien acquiring lawful permanent
residence in the United States after June 30, 1994, and, upon
application, to any alien who acquired lawful permanent
residence before July 1, 1994, an alien identification card
that shall—
(A) be uniform in appearance,
(B) be as tamper-proof and counterfeit-resistant as
practicable,
(C) contain a photograph and fingerprint,
(D) display the name, sex, date of birth, and such
other identifying information as the Attorney General
shall determine, and
(E) incorporate a machine-readable encoding of the
information displayed on the card.
(2) Other aliens.—The Attorney General shall cause to be
issued to every alien who becomes authorized to work in the
United States after June 30, 1994, other than by reason of
lawful admission for permanent residence, and shall cause to be
issued, upon application, to any other alien who is authorized
to work in the United States other than by reason of lawful
admission for permanent residence an alien identification card
that shall—
(A) be uniform in appearance,
(B) be as tamper-proof and counterfeit-resistant as
practicable,
(C) contain a photograph and fingerprint,
(D) display the alien’s name, sex, date of birth,
place of birth, and such other identifying information
as the Attorney General shall determine,
(E) show an expiration date that shall be
determined in accordance with regulations issued by the
Attorney General, but shall not in any case be later
than three calendar years after the date of issuance,
and
(F) incorporate a machine-readable encoding of the
information displayed on the card.
(c) Improvement of Social Security Cards.—
(1) Improved card for citizens.—The Secretary shall cause
to be issued improved Social Security account number cards to
United States citizens and United States nationals upon
application, proof of identity, proof of citizenship or
nationality, and payment of a reasonable fee.
(2) Improved card for aliens.—The Secretary shall cause to
be issued improved Social Security account number cards to
aliens lawfully admitted for permanent residence upon
application, proof of identity, verification of status by the
Immigration and Naturalization Service, and payment of a
reasonable fee.
(3) Requirements.—The cards described in paragraphs (1)
and (2) shall—
(A) be uniform in appearance,
(B) be as tamper-proof and counterfeit-resistant as
practicable,
(C) contain a photograph and fingerprint,
(D) display the name, sex, date of birth, place of
birth, and Social Security account number of the
issuee, and such other identifying information as the
Secretary shall determine, and
(E) incorporate a machine-readable encoding of the
information displayed on the card.
(4) Secretary defined.—For purposes of this subsection,
Secretary means the Secretary of Health and Human Services.
(d) Reasonable Fee.—The amount of the fee that is to be charged
under subsections (b) and (c) shall be the amount (rounded to the
nearest whole dollar), not exceeding $50, required to cover the costs
of issuing the card.
(e) No Other Cards.—No Social Security account number card or
alien identification card shall be issued after June 30, 1994, whether
as an original card or as a replacement, that does not satisfy the
requirements of this section.
(f) Definitions.—For purposes of this section—
(1) "State" means one of the United States, the District
of Columbia, or Puerto Rico, and
(2) "place of birth" means, for an individual—
(A) born in a State, the two-letter symbol used by
the United States Post Office to identify that State,
or
(B) not born in a State, such two-letter symbol as
the Secretary shall determine by regulations.
SEC. 602. VERIFICATION BY TELEPHONE.
(a) Social Security Database.—By September 30, 1994, the Secretary
of Health and Human Services shall make such modifications to the
Social Security account number data base (NUMIDENT) as are practicable
and enable confirmation through the telephone verification system
described in subsection (d) that a Social Security account number has
been issued to an individual identified by last name, sex, year of
birth, and place of birth and that such individual is not known to the
Secretary of Health and Human Services to be an alien not authorized to
work in the United States. At a minimum the data base shall be modified
to enable confirmation that a Social Security account number is not
assigned to an individual authorized to work in the United States
because the number—
(1) has not been issued,
(2) was issued to an individual known by the Secretary of
Health and Human Services as not authorized to work,
(3) was issued to a person that is deceased and has not
been reissued, or
(4) was issued to an alien that any data base of the
Immigration and Naturalization Service shows is not authorized
to work in the United States.
The Attorney General shall provide such assistance as the Secretary of
Health and Human Services may require to merge or otherwise make use of
any data base of the Immigration and Naturalization Service for the
purposes of this section.
(b) Exchange of Information.—The Attorney General shall notify the
Secretary of Health and Human Services of the expiration of an alien’s
authorization to work in the United States not later than 14 calendar
days after the date of expiration. The Secretary of Health and Human
Services shall furnish the Attorney General with a list of any aliens
for whom confirmation of work eligibility has been requested not later
than 5 calendar days after such request. Such list shall include the
telephone number from which the request was made and the employer
identification number of the requester.
(c) Adult Applicants.—The Secretary of Health and Human Services
shall furnish to the Attorney General a copy of any application
(including supporting documentation) for a Social Security account
number by an alien or by an individual over 16 years of age who claims
to be a United States citizen or national and shall not issue a number
before the earlier of the following dates:
(1) The date on which the Attorney General confirms in
writing that his records do not show that the applicant is an
alien unauthorized to work in the United States.
(2) 60 days after a copy of the application and supporting
documentation has been delivered to the Attorney General.
(d) Telephone Verification System.—Before January 1, 1995, the
Secretary of Health and Human Services shall test and place in
operation a system whereby an employer can report by touch-tone
telephone his employer identification number and the Social Security
account number, last name, sex, year of birth, and place of birth of
any individual who is to be employed and can receive immediate
confirmation that the number was issued to the individual having that
identity and that such person is not identified within the Social
Security account number data base as an individual who is not a United
States citizen, a United States national, or an alien authorized to
work in the United States. The charge for each call will be sufficient
to cover the costs of operating the system, except that it shall not
exceed $2 plus any line charges payable to the telephone carrier. The
system shall provide for access to a live operator if an entry is not
accepted or confirmed, shall provide a verification code to the caller,
shall create and maintain a record of each inquiry (including the
telephone number of the requester) and its verification code for not
less than two years, and shall accommodate devices that read the
magnetic strip incorporated by a card issued under section 601.
(e) Abuse of System.—The use of the telephone verification system
established by subsection (d) by a person other than—
(1) an employer acting pursuant to Section 274A(b)(1) of
the Immigration and Nationality Act, or
(2) an officer or employee of an agency of the United
States or of any State acting in the performance of official
duties,
shall be punishable by a fine of not more than $1,000 per occurrence.
SEC. 603. UNIFORM VITAL STATISTICS.
The Secretary of Health and Human Services shall consult with the
State agency responsible for registration and certification of births
and deaths and, within 2 years of the date of enactment of this Act,
shall establish a national electronic network linking the vital
statistics records of such States. The network shall provide, where
practical, for the matching of deaths with births and shall enable the
confirmation of births and deaths of citizens of the United States, or
of aliens within the United States, by any Federal or State agency or
official in the performance of official duties. The Secretary shall
institute measures to achieve uniform and accurate reporting of vital
statistics into the national network, to protect the integrity of the
registration and certification process, and to prevent fraud against
the Government and other persons through the use of false birth or
death certificates.
TITLE VII—BORDER SECURITY
SEC. 701. BORDER PATROL PERSONNEL.
The number of full-time officer positions in the border patrol of
the Immigration and Naturalization Service shall be increased to 5,900
in fiscal year 1994, 6,900 in fiscal year 1995, 7,900 in fiscal year
1996, 8,900 in fiscal year 1997, and 9,900 in fiscal year 1998.
SEC. 702. BORDER CROSSING FEE.
The Commissioner shall collect a user fee for each entry into the
United States by land or by sea after December 31, 1993. The fee shall
be $3 for each person entering other than by private automobile, van,
or truck and $5 for each private automobile, van, or truck. The
Commissioner by regulation may establish a reduced fee or a multiple-
crossing fee for frequent border crossers.
SEC. 703. BORDER CONTROL TRUST FUND.
There is established a Border Control Trust Fund ("Fund") under
the control of the Commissioner. The fees collected under section 702
shall be deposited into the Fund. Amounts deposited into the Fund and
the earnings thereon shall be expended by the Commissioner exclusively
on (1) measures, personnel, structures, and devices to deter and
prevent illegal entry of persons and contraband into the United States
by land or by sea, (2) construction and operation of facilities to
expedite lawful border traffic and reduce, where practical, extensive
delays in the time required for lawful entry of goods and persons, and
(3) financial and other assistance to State and local law enforcement
agencies that have entered into cooperative arrangements with the
Immigration and Naturalization Service. Not less than 80 percent of the
sum of (a) amounts deposited into the Fund during a fiscal year and (b)
the earnings of the Fund during that fiscal year shall be expended
during that or the subsequent fiscal year.
SEC. 704. RESPONSIBILITY OF INTERNATIONAL CARRIERS.
(A) In General.—Section 273 of the Immigration and Nationality Act
(8 U.S.C. 1323) is amended—
(1) in subsection (a), by striking "(other than from
foreign contiguous territory)";
(2) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively;
(3) by inserting after subsection (b) the following:
"(c) Records.—The Attorney General shall maintain a record of
each undocumented alien arriving on or after the date of enactment of
this subsection at a United States port of entry and of the carrier
which brought such alien to that port of entry.";
(4) by inserting after subsection (c) (as added by
paragraph (4)), the following:
"(d) Repeat Offenses.—(1) If the Attorney General determines
that, during the preceding calendar year, any carrier has delivered an
average of more than 0.5 undocumented aliens per arrival at United
States ports of entry then, for the next calendar year, in lieu of the
penalty of $3,000 specified in subsection (b), such carrier shall pay
to the Attorney General a penalty of $10,000 for each alien brought in
violation of subsection (a) or, alternatively, such carrier may choose
to participate in a 1-year pilot program intended to reduce the number
of undocumented aliens arriving at United States ports of entry via
international carriers. If such international carrier chooses to
participate in the 1-year pilot program, that carrier will be subject
to the penalty levels prescribed in subsection (b), rather than the
increased penalty levels specified in this subsection, for each alien
brought in violation of subsection (a). The 1-year pilot program, which
can be extended for multiple years at the discretion of the Attorney
General, shall consist of a program whereby the international carrier
collects the travel documents necessary for entry into the United
States from all passengers upon their entry to the carrier and
physically returns them to the passengers on an individual basis only
at the actual point of inspection at the United States port of entry by
United States immigration officials.
"(2) If the Attorney General determines that, during the preceding
calendar year, any carrier has delivered an average of more than 1.5
undocumented aliens per arrival at United States ports of entry, then,
for the next calendar year, in lieu of the penalties specified in
subsection (b) and in paragraph (1) of this subsection, such carrier
shall pay to the Attorney General a penalty of $20,000 for each alien
brought in violation of subsection (a).
"(3) If the Attorney General determines that, in the preceding
calendar year, any carrier has delivered an average of more than 2
undocumented aliens per arrival at United States ports of entry, then
such carrier shall forfeit all landing rights in the United States for
the next calendar year."; and
(5) subsection (e) (as redesignated) is amended—
(A) by inserting after "refunded." the following:
"Unless the alien transported is granted political
asylum status in the United States or"; and
(B) by inserting before the period at the end
thereof "or that the visa or other immigration
documentation presented to the carrier was forged,
counterfeit, altered, falsely made, stolen, or
inapplicable to the alien presenting the document".
(b) Effective Date.—The amendment made by subsection (a)(4) shall
take effect on January 1 of the second calendar year following the date
of enactment of this Act.
TITLE VIII—ALIEN SMUGGLING
SEC. 801. COOPERATIVE ARRANGEMENTS.
The Secretary of State shall undertake to enter into, on behalf of
the United States, cooperative arrangements with appropriate foreign
governments for the purpose of preventing the unlawful entry of aliens
by land, air, or sea.
SEC. 802. COAST GUARD INSTRUCTIONS.
The Secretary of Defense, in consultation, when appropriate, with
the Attorney General and the Secretary of State, shall instruct the
Coast Guard to deter and prevent the unlawful entry of aliens into the
United States by sea. Such instructions shall include directives
providing for stopping and boarding vessels, making inquiries of
persons and inspecting documents and property on board such vessels,
and returning a vessel to the country from which it came or to another
country. In the case of vessels outside the territorial sea of the
United States, such instructions shall be limited to vessels of the
United States, vessels without nationality, vessels assimilated to
vessels without nationality, and vessels of foreign nations with which
the United States has arrangements authorizing the United States to
stop and board such vessels. Except as otherwise provided in the
preceding sentence, actions pursuant to this section are authorized to
be undertaken both within and beyond the territorial sea of the United
States.
SEC. 803. APPLICATION OF RICO.
Section 1961(1) of title 18, United States Code, is amended by
striking "or" immediately prior to "(E)", and by adding: "or (F)
any act which is indictable under any of the following provisions of
title 8, United States Code, section 1324(a)(i) (relating to
prohibitions on bringing in or harboring certain aliens), section 1325
(relating to illegal entry, marriage fraud, or establishing a
commercial enterprise for the purpose of evading the immigration laws),
section 1327 (relating to aiding or assisting certain aliens to enter
the United States), or section 1328 (relating to the importation of
aliens for immoral purpose)."
SEC. 804. INCREASED PENALTIES FOR ALIEN SMUGGLING.
Pursuant to section 994 of title 28, United States Code, the United
States Sentencing Commission shall promulgate guidelines, or amend
existing guidelines, to provide that a defendant convicted of
violating, or conspiring to violate section 1324(a) of title 8, United
States Code, shall be assigned not less than offense level 25 under
section 2L1.1 of the United States Sentencing Guidelines if any of the
following factors exist—
(1) if the offense involved five or more aliens in a single
scheme or otherwise;
(2) if the offense involved other criminal activity
including, but not limited to, violations of the Controlled
Substances Act, prostitution, importation of aliens for immoral
purposes, trafficking in firearms, money laundering, illegal
gang activities, kidnapping or ransom demands, fraudulent
documents, or extortion;
(3) if the offense involves smuggling of persons under the
age of 18 years for the purposes of illegal adoption or of
sexual or commercial exploitation;
(4) if the offense involves the smuggling of known or
suspected terrorists or persons involved in organized crime;
(5) if the offense involves dangerous or inhumane treatment
of the persons smuggled; or
(6) if death or serious bodily harm occurs to persons
smuggled.
Otherwise, the base offense level shall be 13, except for an offense
described in section 1324(a)(2)(A) of title 8, United States Code.
SEC. 805. EXPANDED FORFEITURE FOR SMUGGLING OR HARBORING.
Subsection 274(b) of the Immigration and Nationality Act (8 U.S.C.
1324(b)) is amended—
(1) by amending paragraph (1) to read as follows:
"(1) Any property, real or personal, which facilitates or
is intended to facilitate, or which has been used in or is
intended to be used in the commission of a violation of
subsection (a) or of sections 274A(a)(1) or 274A(a)(2), or
which constitutes or is derived from or traceable to the
proceeds obtained directly or indirectly from a commission of a
violation of subsection (a), shall be subject to seizure and
forfeiture, except that—
"(A) no property, used by any person as a common
carrier in the transaction of business as a common
carrier shall be forfeited under the provisions of this
section unless it shall appear that the owner or other
person in charge of such property was a consenting
party or privy to the illegal act;
"(B) no property shall be forfeited under the
provisions of this section by reason of any act or
omission established by the owner thereof to have been
committed or omitted by any person other than such
owner while such property was unlawfully in the
possession of a person other than the owner in
violation of the criminal laws of the United States or
of any State; and
"(C) no property shall be forfeited under this
paragraph to the extent of an interest of any owner, by
reason of any act or omission established by that owner
to have been committed or omitted without the knowledge
or consent of the owner, unless such action or omission
was committed by an employee or agent of the owner, and
facilitated or was intended to facilitate, or was used
in or intended to be used in, the commission of a
violation of subsection (a) or of section 274A(a)(1) or
274A(a)(2) which was committed by the owner or which
intended to further the business interests of the
owner, or to confer any other benefit upon the
owner.".
(2) by striking from paragraph (2)—
(A) "conveyance" both places it appears and
inserting in lieu thereof "property"; and
(B) "is being used in" and inserting in lieu
thereof "is being used in, is facilitating, has
facilitated, or was intended to facilitate";
(3) by striking from paragraphs (4) and (5) "a
conveyance" and "conveyance" each place such phrase or word
appears and inserting in lieu thereof "property";
(4) by striking from paragraph (4)—
(A) "or" at the end of subparagraph (C), and
(B) the period at the end of subparagraph (D) and
insetting "; or"; and
(5) by adding after paragraph (4)(E):
"(E) transfer custody and ownership of forfeited
property to any Federal, State, or local agency
pursuant to the Tariff Act of 1930, as amended (19
U.S.C. 1616a(c)).".
SEC. 806. WIRETAP AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.
(a) Section 2516(1) of title 18, United States Code, is amended—
(1) in paragraph (c) by inserting after "weapons)," the
following: "or a felony violation of section 1028 (relating to
production of false identification documentation), section 1546
(relating to fraud and misuse of visas, permits, and other
documents),";
(2) by striking "or" after paragraph (l) and
redesignating paragraphs (m), (n), and (o) as paragraphs (n),
(o), and (p), respectively;
(3) by inserting after paragraph (l) the following new
paragraph:
"(m) a violation of section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324) (relating to alien smuggling),
of section 277 of the Immigration and Nationality Act (8 U.S.C.
1327) (relating to the smuggling of aliens convicted of
aggravated felonies or of aliens subject to exclusion on
grounds of national security), or of section 278 of the
Immigration and Nationality Act (8 U.S.C. 1328) (relating to
smuggling of aliens for the purpose of prostitution or other
immoral purpose); "; and
(4) by striking "or any Deputy Assistant Attorney General
in the Criminal Division specially designated by the Attorney
General" and inserting "or any Deputy Assistant Attorney
General or acting Deputy Assistant Attorney General in, or one
other officer or employee of, the Criminal Division specially
designated by the Attorney General".
(b) Section 2518(5) of title 18, United States Code, is amended by
inserting "(including personnel of a foreign government or of a State
or subdivision of a State)" after "Government personnel".
(c) Section 2510(7) of title 18, United States Code, is amended by
inserting before the semicolon "and additionally, for purposes of
section 2517(1)-(2), any person authorized to perform investigative,
law enforcement, or prosecutorial functions by a foreign government".
TITLE IX—LOCAL COOPERATION
SEC. 901. SAVE SYSTEM MANDATED.
Notwithstanding any other provision of law, no Federal financial
assistance shall be paid to a State or local government or agency for
the aid to families with dependent children program under subchapter IV
of title 42 United States Code, the medicaid program under subchapter
XIX of title 42 United States Code, the unemployment compensation
program under section 3304 of title 26 of United States Code, the Food
Stamp Program under the Food Stamp Act of 1977, or the financial
assistance programs under the United States Housing Act of 1937,
Section 235 or 236 of the National Housing Act, or section 101 of the
Housing and Urban Development Act of 1965 if such government or agency
does not verify the immigration status of aliens applying for benefits
under these programs through use of the automated SAVE system
established under section 12 of the Immigration Reform and Control Act
of 1986 (Public Law 99-603).
TITLE X—CITIZENSHIP
SEC. 1001. BASIS OF CITIZENSHIP CLARIFIED.
In the exercise of its powers under section 5 of the Fourteenth
Article of Amendment to the Constitution of the United States, the
Congress has determined and hereby declares that any person born after
the date of enactment of this title to a mother who is neither a
citizen of the United States nor admitted to the United States as a
lawful permanent resident, and which person is a national or citizen of
another country of which either of his or her natural parents is a
national or citizen, or is entitled upon application to become a
national or citizen of such country, shall be considered as born
subject to the jurisdiction of that foreign country and not subject to
the jurisdiction of the United States within the meaning of section 1
of such Article and shall therefore not be a citizen of the United
States or of any State solely by reason of physical presence within the
United States at the moment of birth.
SEC. 1002. VOTING LIMITED TO CITIZENS.
In the exercise of its powers under section 5 of the Fourteenth
Article of Amendment to the Constitution of the United States to
enforce the prohibition of section 1 of such Article against the making
or enforcing of any law that shall abridge the privileges or immunities
of citizens of the United States, the Congress determines that the
right of citizens to vote is a privilege of citizens of the United
States and that voting in elections of the United States or of any
State by persons who are not citizens of the United States is an
abridgement of that privilege. It shall be unlawful, and a felony
punishable by a fine of not more than $10,000 and/or imprisonment of
not more than 1 year for each unlawful vote, for any person who is not
a citizen of the United States to vote in any election to which the
provisions of the Fifteenth, Nineteenth, Twenty-Fourth, or Twenty-Sixth
Article of Amendment to the Constitution applies or in any other
election, referendum, ballot, or other procedure of the United States
or of any State in which votes are taken. Any vote that is cast in
violation of this section shall be null, void, and of no effect and
shall not be counted.
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