I

104TH CONGRESS

1ST SESSION H. R. 1018

To amend the Immigration and Nationality Act and other laws of the United

States relating to border security, illegal immigration, alien eligibility

for Federal financial benefits and services, criminal activity by aliens,

alien smuggling, fraudulent document use by aliens, asylum, terrorist

aliens, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 23, 1995

Mr. HUNTER (for himself, Mr. MOORHEAD, Mr. YOUNG of Alaska, Mr.

ROHRABACHER, Mr. MCCOLLUM, Mr. KIM, Mr. CUNNINGHAM, Mr. CALVERT, Mr. STUMP, Mr. BURTON of Indiana, Mr. BRYANT of Tennessee,

Mr. GALLEGLY, Mr. COLLINS of Georgia, Mr. CANADY of Florida, Mr.

GOODLATTE, Mr. MCKEON, Mr. BILBRAY, Mr. SHAW, Mr. SAM JOHNSON

of Texas, Mr. SAXTON, Mr. HOLDEN, Mr. DOOLITTLE, Mr. PACKARD,

Mr. DREIER, Mr. RIGGS, Mr. HERGER, Mr. BAKER of California, Mr.

POMBO, Mr. RADANOVICH, Mrs. SEASTRAND, Mr. LEWIS of California,

Mr. BONO, Mr. DORNAN, Mrs. MEYERS of Kansas, Mr. BEREUTER, Mr.

COX of California, Mr. HORN, Mr. ROYCE, and Mr. THOMAS) introduced

the following bill; which was referred to the Committee on the Judiciary

and, in addition, to the Committees on National Security, Banking and

Financial Services, Ways and Means, and Government Reform and Oversight, for a period to be subsequently determined by the Speaker, in each

case for consideration of such provisions as fall within the jurisdiction of

the committee concerned

A BILL

To amend the Immigration and Nationality Act and other

laws of the United States relating to border security,

illegal immigration, alien eligibility for Federal financial

benefits and services, criminal activity by aliens, alien
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smuggling, fraudulent document use by aliens, asylum,

terrorist aliens, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Illegal Immigration

5 Control Act of 1995’’.

6 SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—INTERDICTION

Sec. 101. Physical barriers.

Sec. 102. Border patrol agents.

Sec. 103. Interior repatriation program.

Sec. 104. Detention facilities.

Sec. 105. Notice to service of port of entry arrivals.

TITLE II—ALIEN SMUGGLING

Sec. 201. Expanded forfeiture for smuggling or harboring illegal aliens.

Sec. 202. Including alien smuggling as a racketeering activity for purposes of

racketeering influenced and corrupt organizations (RICO) enforcement authority.

Sec. 203. Enhanced penalties for certain alien smuggling and for employers

who knowingly employ smuggled aliens.

Sec. 204. Wiretap authority for alien smuggling investigations.

TITLE III—EMPLOYMENT

Sec. 301. Improvement of work eligibility documents.

Sec. 302. Immigration and Naturalization Service investigators.

TITLE IV—GOVERNMENT BENEFITS

Sec. 401. Prohibition of benefits for certain categories of aliens.

Sec. 402. Unemployment benefits.

Sec. 403. Housing benefits.

Sec. 404. Save system.

Sec. 405. Limitation on Federal financial assistance to localities that refuse to

cooperate in the arrest and deportation of unlawful aliens.

Sec. 406. Uniform vital statistics.

TITLE V—CRIMINAL ALIENS

Sec. 501. Authorizing registration of aliens on criminal probation or criminal

parole.
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Sec. 502. Restricting defenses to deportation for certain criminal aliens.

Sec. 503. Miscellaneous and technical changes.

Sec. 504. Criminal alien tracking center.

Sec. 505. Prisoner transfer treaty study.

Sec. 506. Expediting criminal alien deportation and exclusion.

TITLE VI—TERRORIST ALIENS

Sec. 601. Removal of alien terrorists.

Sec. 602. Membership in a terrorist organization as a basis for exclusion from

the United States under the Immigration and Nationality Act.

TITLE VII—INSPECTIONS

Sec. 701. Preinspection at foreign airports.

Sec. 702. Training of airline personnel in detection of fraudulent documents.

TITLE VIII—ASYLUM

Sec. 801. Inspection and exclusion by immigration officers.

Sec. 802. Asylum.

Sec. 803. Failure to appear for provisional asylum hearing; judicial review.

Sec. 804. Conforming amendments.

Sec. 805. Effective dates.

1 TITLE I—INTERDICTION

2 SEC. 101. PHYSICAL BARRIERS.

3 The Attorney General, in consultation with the Com4 missioner of the Immigration and Naturalization Service,

5 shall take action to install additional physical barriers at

6 the United States border to deter unauthorized crossings

7 in areas of high illegal entry into the United States. Such

8 additional barriers shall include barriers similar to those

9 in use in the San Diego, California, vicinity.

10 SEC. 102. BORDER PATROL AGENTS.

11 In addition to such amounts as are otherwise author12 ized to be appropriated, there is authorized to be appro13 priated for each of the fiscal years 1996, 1997, 1998,

14 1999, and 2000 for salaries and expenses of the Border

15 Patrol such amounts as may be necessary to provide for
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1 an increase in the number of agents of the Border Patrol

2 to 10,000 full-time equivalent agent positions (and nec3 essary support personnel positions) beyond the number of

4 such positions authorized for the Border Patrol as of Octo5 ber 1, 1994.

6 SEC. 103. INTERIOR REPATRIATION PROGRAM.

7 Not later than 180 days after the date of enactment

8 of this Act, the Attorney General and the Commissioner

9 of the Immigration and Naturalization Service shall de10 velop and implement a program in which aliens who pre11 viously have illegally entered the United States not less

12 than 3 times and are deported or returned to a country

13 contiguous to the United States will be returned to loca14 tions not less than 500 kilometers from that country’s bor15 der with the United States.

16 SEC. 104. DETENTION FACILITIES.

17 (a) BORDER DETENTION FACILITIES.—Not later

18 than 180 days after the date of enactment of this Act,

19 the Attorney General and the Commissioner of the Immi20 gration and Naturalization Service shall take appropriate

21 action to increase the capability of the Immigration and

22 Naturalization Service to detain individuals who have ille23 gally entered the United States at a border area.
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1 (b) TRANSFER OF CLOSED MILITARY BASES FOR

2 FEDERAL ILLEGAL ALIEN INCARCERATION FACILI3 TIES.—

4 (1) PRIORITY AVAILABILITY TO DEPARTMENT

5 OF JUSTICE.—Notwithstanding any other provision

6 of law, a military installation or facility of the De7 partment of Defense to be closed under a base clo8 sure law may be made available, as determined by

9 the Attorney General, to the Bureau of Prisons of

10 the Department of Justice for use as a facility for

11 the incarceration of aliens who are subject to exclu12 sion or deportation from the United States.

13 (2) DEFINITION.—For purposes of this sub14 section, the term ‘‘base closure law’’ means each of

15 the following:

16 (A) The Defense Base Closure and Re17 alignment Act of 1990 (part A of title XXIX of

18 Public Law 101–510; 10 U.S.C. 2687 note).

19 (B) Title II of the Defense Authorization

20 Amendments and Base Closure and Realign21 ment Act (Public Law 100–526; 10 U.S.C.

22 2687 note).

23 (C) Section 2687 of title 10, United States

24 Code.
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1 (D) Any other similar law enacted after

2 the date of the enactment of this Act.

3 SEC. 105. NOTICE TO SERVICE OF PORT OF ENTRY ARRIV4 ALS.

5 The Attorney General is authorized to require, by

6 regulation, not less than 24 hour advance notice to the

7 Immigration and Naturalization Service of the intention

8 of any vessel to arrive at any port of entry.

9 TITLE II—ALIEN SMUGGLING

10 SEC. 201. EXPANDED FORFEITURE FOR SMUGGLING OR

11 HARBORING ILLEGAL ALIENS.

12 (a) IN GENERAL.—Paragraph (1) of section 274(b)

13 of the Immigration and Nationality Act (8 U.S.C.

14 1324(b)) is amended to read as follows:

15 ‘‘(1)(A) Except as provided in subparagraph (B), the

16 following property shall be subject to seizure and forfeit17 ure:

18 ‘‘(i) Any conveyance, including any vessel, vehi19 cle, or aircraft, which has been or is being used in

20 the commission of a violation of subsection (a).

21 ‘‘(ii) Any property, real or personal, which—

22 ‘‘(I) constitutes, or is derived from or

23 traceable to, the proceeds obtained directly or

24 indirectly from the commission of a violation of

25 subsection (a), or
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1 ‘‘(II) is used to facilitate, or is intended to

2 be so used in the commission of, a violation of

3 subsection (a)(1)(A).

4 ‘‘(B)(i) No property used by any person as a common

5 carrier in the transaction of business as a common carrier

6 shall be forfeited under this section, unless the owner or

7 other person with lawful custody of the property was a

8 consenting party to or privy to the violation of subsection

9 (a) or of section 274A(a)(1) or 274A(a)(2).

10 ‘‘(ii) No property shall be forfeited under the provi11 sions of this section by reason of any act or omission es12 tablished by the owner to have been committed or omitted

13 by a person other than the owner while the property was

14 unlawfully in the possession of a person other than the

15 owner in violation of the criminal laws of the United

16 States or of any State.

17 ‘‘(iii) No property shall be forfeited under the provi18 sions of this section to the extent of an interest of the

19 owner, by reason of any act or omission established by

20 the owner to have been committed or omitted without the

21 knowledge, consent, or willful disregard of the owner, un22 less the act or omission was committed or omitted by an

23 employee or agent of the owner or other person with lawful

24 custody of the property with the intent of furthering the

25 business interests of, or to confer any other benefit upon,
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1 the owner or other person with lawful custody of the prop2 erty.’’.

3 (b) CONFORMING AMENDMENTS.—Section 274(b) of

4 such Act (8 U.S.C. 1324(b)) is amended—

5 (1) in paragraph (2)—

6 (A) by striking ‘‘conveyance’’ and inserting

7 ‘‘property’’ each place it appears, and

8 (B) by striking ‘‘is being used in’’ and in9 serting ‘‘is being used in, is facilitating, has fa10 cilitated, is facilitating or was intended to facili11 tate’’; and

12 (2) in paragraphs (4) and (5), by striking ‘‘a

13 conveyance’’, ‘‘any conveyance’’, and ‘‘conveyance’’

14 and inserting ‘‘property’’ each place it appears.

15 SEC. 202. INCLUDING ALIEN SMUGGLING AS A RACKETEER16 ING ACTIVITY FOR PURPOSES OF RACK17 ETEERING INFLUENCED AND CORRUPT OR18 GANIZATIONS (RICO) ENFORCEMENT AU19 THORITY.

20 Section 1961(1) of title 18, United States Code, is

21 amended—

22 (1) by striking ‘‘or’’ before ‘‘(E) any act’’, and

23 (2) by inserting before the period at the end the

24 following: ‘‘, or (F) any act which is indictable under
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1 section 274(a)(1) of the Immigration and National2 ity Act (relating to alien smuggling)’’.

3 SEC. 203. ENHANCED PENALTIES FOR CERTAIN ALIEN

4 SMUGGLING AND FOR EMPLOYERS WHO

5 KNOWINGLY EMPLOY SMUGGLED ALIENS.

6 Section 274(a)(1) (8 U.S.C. 1324(a)(1)) is amend7 ed—

8 (1) by striking ‘‘or’’ at the end of subparagraph

9 (C),

10 (2) by striking the comma at the end of sub11 paragraph (D) and inserting ‘‘; or’’,

12 (3) by inserting after subparagraph (D) the fol13 lowing:

14 ‘‘(E) contracts or agrees with another party for

15 that party to provide, for employment by the person

16 or another, an alien who is not authorized to be em17 ployed in the United States, knowing that such

18 party intends to cause such alien to be brought into

19 the United States in violation of the laws of the

20 United States,’’, and

21 (4) by striking ‘‘five years’’ and inserting ‘‘ten

22 years’’.
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1 SEC. 204. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN2 VESTIGATIONS.

3 Section 2516(1) of title 18, United State Code, is

4 amended—

5 (1) in paragraph (c) by inserting after ‘‘weap6 ons),’’ the following: ‘‘or a felony violation of section

7 1028 (relating to production of false identification

8 documentation), section 1542 (relating to false

9 statements in passport applications), section 1546

10 (relating to fraud and misuse of visas, permits, and

11 other documents),’’;

12 (2) by striking out ‘‘or’’ after paragraph (l) and

13 redesignating paragraphs (m), (n), and (o) as para14 graphs (n), (o), and (p), respectively; and

15 (3) by inserting after paragraph (l) the follow16 ing new paragraph:

17 ‘‘(m) a violation of section 274 of the Immigration

18 and Nationality Act (8 U.S.C. 1324) (relating to alien

19 smuggling), of section 277 of the Immigration and Nation20 ality Act (8 U.S.C. 1327) (relating to the smuggling of

21 aliens convicted of aggravated felonies or of aliens subject

22 to exclusion on grounds of national security), or of section

23 278 of the Immigration and Nationality Act (8 U.S.C.

24 1328) (relating to smuggling of aliens for the purpose of

25 prostitution or other immoral purpose);’’.
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1 TITLE III—EMPLOYMENT

2 SEC. 301. IMPROVEMENT OF WORK ELIGIBILITY DOCU3 MENTS.

4 (a) WORK ELIGIBILITY DOCUMENTS AND VERIFICA5 TION OF ELIGIBILITY TO WORK.—Section 274A(b) of the

6 Immigration and Nationality Act is amended—

7 (1) by striking paragraph (1) of subsection (b)

8 and inserting:

9 ‘‘(1) ATTESTATION AFTER EXAMINATION AND

10 VERIFICATION OF DOCUMENTATION.—The person or

11 entity must attest, under penalty or perjury and on

12 a form designated or established by the Attorney

13 General by regulation, that it has verified that the

14 individual is not an unauthorized alien by—

15 ‘‘(A) examining the individual’s Social Se16 curity account number card issued pursuant to

17 subsection (d)(1), and

18 ‘‘(B) verifying the individual’s Social Secu19 rity account number through the verification

20 system established pursuant to subsection

21 (d)(4).’’,

22 (2) by inserting the following paragraph and re23 designating the subsequent paragraphs accordingly:

24 ‘‘(2) VERIFICATION OF CONTINUED WORK ELI25 GIBILITY FOR ALIENS WITH LIMITED WORK AU-
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1 THORIZATION.—In the case of an alien whose work

2 authorization has an expiration date, a person or en3 tity who continues to employ such an alien after the

4 date the employment authorization expires must ver5 ify, through the verification system established pur6 suant to subsection (d)(4), that the alien’s work au7 thorization has been extended.’’, and

8 (3) by adding at the end the following:

9 ‘‘(7) Notwithstanding any other provision of

10 law, a person or entity may not be considered to dis11 criminate by requesting the production of the docu12 mentation required under this subsection in the hir13 ing, recruiting, or referring of an individual for em14 ployment in the United States.’’.

15 (b) EFFECTIVE DATES.—(1) Subsection (a)(1) shall

16 be effective as of July 1, 1996.

17 (2) Paragraphs (2) and (3) of subsection (a) shall

18 be effective upon enactment of this Act.

19 (c) ENHANCEMENT OF SOCIAL SECURITY CARDS

20 AND ESTABLISHMENT OF EMPLOYMENT VERIFICATION

21 SYSTEM.—Section 274A(d) of the Immigration and Na22 tionality Act is amended to read as follows:

23 ‘‘(d) EMPLOYMENT VERIFICATION SYSTEM.—

24 ‘‘(1) ENHANCEMENT OF SOCIAL SECURITY

25 CARDS.—
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1 ‘‘(A) ISSUANCE OF ENHANCED CARD FOR

2 CITIZENS.—The Secretary shall cause to be is3 sued enhanced Social Security account number

4 cards to United States citizens and United

5 States nationals who are 16 years of age or

6 older upon application, proof of identity, proof

7 of citizenship or nationality, and payment of a

8 reasonable fee.

9 ‘‘(B) ISSUANCE OF ENHANCED CARD FOR

10 ALIENS.—The Secretary shall cause to be is11 sued enhanced Social Security account number

12 cards to aliens lawfully admitted for permanent

13 residence or who are otherwise authorized to

14 work in the United States and who are 16 years

15 of age or older upon application, proof of iden16 tity, verification of status by the Immigration

17 and Naturalization Service, and payment of a

18 reasonable fee.

19 ‘‘(2) REQUIREMENTS OF NEW CARDS.—(A) The

20 cards issued pursuant to paragraph (1) shall—

21 ‘‘(i) be uniform in appearance,

22 ‘‘(ii) be as tamper-proof and counterfeit-re23 sistant as is practicable,
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1 ‘‘(iii) contain a photograph and such other

2 identifying information that is specific to each

3 person as the Secretary shall determine,

4 ‘‘(iv) contain the name, sex, date of birth,

5 citizenship status, and Social Security account

6 number of the issuee, and

7 ‘‘(v) incorporate a machine-readable encod8 ing of the information contained in the card.

9 ‘‘(B) The cards issued pursuant to paragraph

10 (1)(B) to aliens who are not permanent resident

11 aliens shall indicate whether the work authorization

12 granted to the alien has an expiration date.

13 ‘‘(3) IMPLEMENTATION.—(A) All Social Secu14 rity account number cards issued after July 1, 1996,

15 must be issued pursuant to the requirements under

16 this subsection.

17 ‘‘(B) After July 1, 1996, individuals applying

18 for employment shall be required to apply for en19 hanced Social Security account cards to be issued

20 pursuant to paragraph (1).

21 ‘‘(C) By January 1, 2000, all individuals who

22 are 16 years of age or older and who have a Social

23 Security account number must apply for Social Se24 curity account number card issued pursuant to para25 graph (1).
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1 ‘‘(4) VERIFICATION SYSTEM.—

2 ‘‘(A) IN GENERAL.—The Secretary, in con3 sultation with the Attorney General, shall make

4 such modifications and improvements as are

5 necessary to current data bases and systems to

6 develop and implement a verification system

7 that a person or entity can access by telephone

8 or other electronic means. Such system shall

9 allow for verification that an individual’s Social

10 Security account number—

11 ‘‘(i) has been issued,

12 ‘‘(ii) was issued to an individual au13 thorized to work in the United States, and

14 ‘‘(iii) is not a number issued to a de15 ceased individual that has not been re16 issued.

17 The system shall also provide any other infor18 mation that the Secretary and Attorney General

19 determine is needed to verify that the number

20 is a number issued validly to the individual and

21 that such individual is authorized to work in

22 the United States.

23 ‘‘(B) ACCESS FEE.—A fee, not to exceed

24 $2 plus any line charges payable to a telephone

25 carrier or equivalent entity, shall be charged for
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1 each instance of accessing the verification sys2 tem to pay for the costs of operating the sys3 tem.

4 ‘‘(C) EFFECTIVE DATE.—The verification

5 system required by this paragraph shall be

6 operational by July 1, 1996.

7 ‘‘(5) FUNDING OF EMPLOYMENT VERIFICATION

8 SYSTEM.—

9 ‘‘(A) The amount of the fee that is to be

10 charged under paragraph (1) shall be the

11 amount (rounded to the nearest whole dollar),

12 not exceeding $40, required to cover the costs

13 of issuing the cards. The Secretary shall pro14 vide for the waiver of any fee for persons un15 able to pay.

16 ‘‘(B) Any costs incurred in developing and

17 implementing the new Social Security account

18 number cards and verification system estab19 lished under this subsection that exceed the fees

20 collected under paragraph (1) shall not be paid

21 for out of any trust fund established under the

22 Social Security Act.

23 ‘‘(6) PRIVACY PROTECTIONS.—

24 ‘‘(A) Any personal information utilized by

25 the system may not be made available to Gov-
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1 ernment agencies, employers, and other persons

2 except to the extent necessary to verify that an

3 individual is not an unauthorized alien.

4 ‘‘(B) The system must protect the privacy

5 and security of personal information and identi6 fiers utilized in the system.

7 ‘‘(C) A verification that an employee or

8 prospective employee is eligible to be employed

9 in the United States may not be withheld or re10 voked under the system for any reason other

11 than that the employee or prospective employee

12 is an unauthorized alien.

13 ‘‘(D) The system may not be used for law

14 enforcement purposes, other than for enforce15 ment of this Act or section 1001, 1028, 1546,

16 and 1621 of title 18, United States Code.

17 ‘‘(E) The cards issued pursuant to this

18 subsection may not be required to be presented

19 for any purpose other than under this Act (or

20 enforcement of sections 1001, 1028, 1546, and

21 1621 of title 18, United States Code) nor to be

22 carried on one’s person.

23 ‘‘(F) Unauthorized use or disclosure of the

24 information or identifiers contained in the em-
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1 ployment verification system shall be punishable

2 by civil and criminal penalties.

3 ‘‘(7) MONITORING AND IMPROVEMENTS IN SYS4 TEM.—(A) The Attorney General shall provide for

5 the monitoring and evaluation of the degree to which

6 the employment verification system established

7 under subsection (b) provides a secure system to de8 termine employment eligibility in the United States.

9 ‘‘(B) To the extent that the system established

10 under this subsection and subsection (b) is found

11 not to be a secure system to determine employment

12 eligibility in the United States, the Attorney General

13 shall recommend such changes in (including addi14 tions to) the system as may be necessary to establish

15 such a system.

16 ‘‘(8) DEFINITIONS.—For purposes of this sub17 section—

18 ‘‘(A) the term ‘Secretary’ means the Sec19 retary of Health and Human Services, and

20 ‘‘(B) the term ‘State’ means one of the

21 United States, the District of Columbia, or

22 Puerto Rico.’’.

23 (d) CONFORMING AMENDMENTS.—(1) Section 274A

24 of the Immigration and Nationality Act is amended—
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1 (A) in subsection (b), by striking ‘‘following

2 three paragraphs’’ and inserting ‘‘following four

3 paragraphs’’, and

4 (B) by striking subsections (i), (j), (k), (l), (m),

5 and (n).

6 (2) This subsection shall be effective on July 1, 1996.

7 SEC. 302. IMMIGRATION AND NATURALIZATION SERVICE

8 INVESTIGATORS.

9 In addition to such amounts as are otherwise author10 ized to be appropriated, there is authorized to be appro11 priated for each of the fiscal years 1996, 1997, 1998,

12 1999, and 2000 for salaries and expenses of the Immigra13 tion and Naturalization Service such amounts as may be

14 necessary to provide for an increase in the number of in15 vestigators of the Immigration and Naturalization Service

16 by 1,000 full-time equivalent investigator positions (and

17 such support personnel as are necessary) beyond the num18 ber of such positions authorized as of October 1, 1994.

19 TITLE IV—GOVERNMENT

20 BENEFITS

21 SEC. 401. PROHIBITION OF BENEFITS FOR CERTAIN CAT22 EGORIES OF ALIENS.

23 (a) DIRECT FEDERAL FINANCIAL BENEFITS.—Sub24 ject to subsection (b) and the Immigration and Nationality

25 Act, and notwithstanding any other provision of law, an
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1 alien not lawfully within the United States as a permanent

2 resident, a refugee, an asylee, or a parolee is not eligible

3 for any direct Federal financial benefit or social insurance

4 benefit (whether through grant, loan, guarantee, or other5 wise) as such benefits are identified by the Attorney Gen6 eral in consultation with other appropriate heads of the

7 various departments and agencies of the Federal Govern8 ment.

9 (b) EMERGENCY MEDICAL CARE.—Subsection (a)

10 shall not apply with respect to the Federal reimbursement

11 of emergency medical care for aliens, as determined by the

12 Secretary of Health and Human Services by regulation.

13 SEC. 402. UNEMPLOYMENT BENEFITS.

14 (a) An alien who has not been granted employment

15 authorization pursuant to the Immigration and National16 ity Act or other Federal law shall be ineligible for unem17 ployment compensation under an unemployment com18 pensation law of a State or the United States.

19 (b) An alien granted temporary work authorization

20 shall be eligible only for unemployment compensation

21 under an employment compensation law of a State or the

22 United States that accrued during such time as the alien

23 was authorized to work.
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1 SEC. 403. HOUSING BENEFITS.

2 (a) LIMITATION.—Notwithstanding section 401 or

3 any other provision of law, no alien who is not a perma4 nent resident, a refugee, an asylee, or a parolee shall be

5 eligible for benefits under the following provisions of law:

6 (1) The program of rental assistance on behalf

7 of low-income families provided under section 8 of

8 the United States Housing Act of 1937 (42 U.S.C.

9 1437f).

10 (2) The program of assistance to public housing

11 under title I of the United States Housing Act of

12 1937 (42 U.S.C. 1437 et seq.).

13 (3) The loan program under section 502 of the

14 Housing Act of 1949 (42 U.S.C. 1472).

15 (4) The program of interest reduction payments

16 pursuant to contracts entered into by the Secretary

17 of Housing and Urban Development under section

18 236 of the National Housing Act (12 U.S.C. 1715z–

19 1).

20 (5) The program of loans for rental and cooper21 ative housing under section 515 of the Housing Act

22 of 1949 (42 U.S.C. 1485).

23 (6) The program of rental assistance payments

24 pursuant to contracts entered into under section

25 521(a)(2)(A) of the Housing Act of 1949 (42 U.S.C.

26 1490a(a)(2)(A)).
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1 (7) The program of assistance payments on be2 half of homeowners under section 235 of the Na3 tional Housing Act (12 U.S.C. 1715z).

4 (8) The program of rent supplement payments

5 on behalf of qualified tenants pursuant to contracts

6 entered into under section 101 of the Housing and

7 Urban Development Act of 1965 (12 U.S.C. 1701s).

8 (9) The loan and grant programs under section

9 504 of the Housing Act of 1949 (42 U.S.C. 1474)

10 for repairs and improvements to rural dwellings.

11 (10) The loan and assistance programs under

12 sections 514 and 516 of the Housing Act of 1949

13 (42 U.S.C. 1484, 1486) for housing for farm labor.

14 (11) The program of grants for preservation

15 and rehabilitation of housing under section 533 of

16 the Housing Act of 1949 (42 U.S.C. 1490m).

17 (12) The program of grants and loans for mu18 tual and self-help housing and technical assistance

19 under section 523 of the Housing Act of 1949 (42

20 U.S.C. 1490c).

21 (13) The program of site loans under section

22 524 of the Housing Act of 1949 (42 U.S.C. 1490d).

23 (b) REGULATIONS.—Not later than January 1, 1995,

24 the Secretary of Housing and Urban Development shall

25 issue final regulations to carry out subsection (a).
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1 SEC. 404. SAVE SYSTEM.

2 There are authorized to be appropriated for each of

3 the fiscal years 1996, 1997, 1998, 1999, and 2000 such

4 sums as may be necessary to carry out the purposes of

5 the automated SAVE system established under section

6 121 of the Immigration Reform and Control Act of 1986

7 (Public Law 99–603).

8 SEC. 405. LIMITATION ON FEDERAL FINANCIAL ASSIST9 ANCE TO LOCALITIES THAT REFUSE TO CO10 OPERATE IN THE ARREST AND DEPORTATION

11 OF UNLAWFUL ALIENS.

12 Notwithstanding any other provision of law, Federal

13 financial assistance shall be reduced by 20 percent to any

14 local government on and after such date as the Attorney

15 General certifies that the local government has an official

16 policy of refusing to cooperate with officers or employees

17 of the Department of Justice (including the Immigration

18 and Naturalization Service) with respect to the arrest and

19 deportation of aliens who are not lawfully present within

20 the United States. Such reduction in assistance is not re21 imbursable and shall continue for as long as the policy

22 of noncooperation remains in effect.

23 SEC. 406. UNIFORM VITAL STATISTICS.

24 (a) PILOT PROGRAM.—The Secretary of Health and

25 Human Services shall consult with the State agency re26 sponsible for registration and certification of births and
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1 deaths and, within 3 years of the date of enactment of

2 this Act, shall establish a pilot program for 3 of the 5

3 States with the largest number of undocumented aliens

4 of an electronic network linking the vital statistics records

5 of such States. The network shall provide, where practical,

6 for the matching of deaths with births and shall enable

7 the confirmation of births and deaths of citizens of such

8 States, or of aliens within such States, by any Federal

9 or State agency or official in the performance of official

10 duties. The Secretary and participating State agencies

11 shall institute measures to achieve uniform and accurate

12 reporting of vital statistics into the pilot program network,

13 to protect the integrity of the registration and certification

14 process, and to prevent fraud against the Government and

15 other persons through the use of false birth or death cer16 tificates.

17 (b) REPORT.—Not later than 180 days after the es18 tablishment of the pilot program under subsection (a), the

19 Secretary shall issue a written report to Congress with rec20 ommendations on how the pilot program could effectively

21 be instituted as a national network for the United States.

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated for fiscal year 1996 and

24 for subsequent fiscal years such sums as may be necessary

25 to carry out this section.
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1 TITLE V—CRIMINAL ALIENS

2 SEC. 501. AUTHORIZING REGISTRATION OF ALIENS ON

3 CRIMINAL PROBATION OR CRIMINAL PA4 ROLE.

5 Section 263(a) of the Immigration and Nationality

6 Act (8 U.S.C. 1303(a)) is amended by striking ‘‘and (5)’’

7 and inserting ‘‘(5) aliens who are or have been on criminal

8 probation or criminal parole pursuant to the laws of the

9 United States or of any State, and (6)’’.

10 SEC. 502. RESTRICTING DEFENSES TO DEPORTATION FOR

11 CERTAIN CRIMINAL ALIENS.

12 (a) DEFENSES BASED ON SEVEN YEARS OF PERMA13 NENT RESIDENCE.—The last sentence of section 212(c)

14 of the Immigration and Nationality Act (8 U.S.C.

15 1182(c)) is amended by striking out ‘‘has served for such

16 felony or felonies’’ and all that follows through the period

17 and inserting in lieu thereof ‘‘has been sentenced for such

18 felony or felonies to a term of imprisonment of at least

19 5 years, provided that the time for appealing such convic20 tion or sentence has expired and the sentence has become

21 final.’’.

22 (b) DEFENSES BASED ON WITHHOLDING OF DEPOR23 TATION.—Section 243(h)(2) of the Immigration and Na24 tionality Act (8 U.S.C. 1253(h)(2)) is amended by—
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1 (1) striking out the final sentence and inserting

2 in lieu thereof the following new subparagraph:

3 ‘‘(E) the alien has been convicted of an ag4 gravated felony.’’; and

5 (2) striking out the ‘‘or’’ at the end of subpara6 graph (C) and inserting ‘‘or’’ at the end of subpara7 graph (D).

8 SEC. 503. MISCELLANEOUS AND TECHNICAL CHANGES.

9 (a) FORM OF DEPORTATION HEARINGS.—The sec10 ond sentence of section 242(b) of the Immigration and

11 Nationality Act (8 U.S.C. 1252(b)) is amended by insert12 ing before the period the following: ‘‘; except that nothing

13 in this subsection shall preclude the Attorney General

14 from authorizing proceedings by electronic or telephonic

15 media (with or without the consent of the alien) or, where

16 waived or agreed to by the parties, in the absence of the

17 alien.’’.

18 (b) CONSTRUCTION OF EXPEDITED DEPORTATION

19 REQUIREMENTS.—No amendment made by this Act shall

20 be construed to create any right or benefit, substantive

21 or procedural, which is legally enforceable by any party

22 against the United States, its agencies, its officers or any

23 other person.

24 (c) COLLATERAL ATTACKS ON UNDERLYING DEPOR25 TATION ORDER.—Section 276 of the Immigration and Na-
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1 tionality Act (8 U.S.C. 1326) is amended by inserting

2 after subsection (b) the following new subsection:

3 ‘‘(c) In any criminal proceeding under this section,

4 no alien may challenge the validity of the deportation

5 order described in subsection (a)(1) or subsection (b) un6 less the alien demonstrates—

7 ‘‘(1) that the alien exhausted the administrative

8 remedies (if any) that may have been available to

9 seek relief against such order,

10 ‘‘(2) that the deportation proceedings at which

11 such order was issued improperly deprived the alien

12 of the opportunity for judicial review, and

13 ‘‘(3) that the entry of such order was fun14 damentally unfair.’’.

15 SEC. 504. CRIMINAL ALIEN TRACKING CENTER.

16 (a) OPERATION.—The Commissioner of Immigration

17 and Naturalization, with the cooperation of the Director

18 of the Federal Bureau of Investigation and the heads of

19 other agencies, shall, under the authority of section

20 242(a)(3)(A) of the Immigration and Nationality Act (8

21 U.S.C. 1252(a)(3)(A)), operate a criminal alien tracking

22 center.

23 (b) PURPOSE.—The criminal alien tracking center

24 shall be used to assist Federal, State, and local law en25 forcement agencies in identifying and locating aliens who
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1 may be subject to deportation by reason of their conviction

2 of aggravated felonies.

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated to carry out this section

5 $2,000,000 for fiscal year 1996 and $5,000,000 for each

6 of the fiscal years 1997, 1998, 1999, and 2000.

7 SEC. 505. PRISONER TRANSFER TREATY STUDY.

8 (a) REPORT TO CONGRESS.—Not later than 180 days

9 after the date of the enactment of this Act, the Secretary

10 of State and the Attorney General shall submit to the Con11 gress a report that describes the use and effectiveness of

12 the Prisoner Transfer Treaty (in this section referred to

13 as the ‘‘Treaty’’) with Mexico to remove from the United

14 States aliens who have been convicted of crimes in the

15 United States.

16 (b) USE OF TREATY.—The report under subsection

17 (a) shall include the following information:

18 (1) The number of aliens convicted of a crimi19 nal offense in the United States since November 30,

20 1977, who would have been or are eligible for trans21 fer pursuant to the Treaty.

22 (2) The number of aliens described in para23 graph (1) who have been transferred pursuant to the

24 Treaty.
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1 (3) The number of aliens described in para2 graph (2) who have been incarcerated in full compli3 ance with the Treaty.

4 (4) The number of aliens who are incarcerated

5 in a penal institution in the United States who are

6 eligible for transfer pursuant to the Treaty.

7 (5) The number of aliens described in para8 graph (4) who are incarcerated in State and local

9 penal institutions.

10 (c) EFFECTIVENESS OF TREATY.—The report under

11 subsection (a) shall include the recommendations of the

12 Secretary of State and the Attorney General to increase

13 the effectiveness and use of, and full compliance with, the

14 Treaty. In considering the recommendations under this

15 subsection, the Secretary and the Attorney General shall

16 consult with such State and local officials in areas dis17 proportionately impacted by aliens convicted of criminal

18 offenses as the Secretary and the Attorney General con19 sider appropriate. Such recommendations shall address

20 the following areas:

21 (1) Changes in Federal laws, regulations, and

22 policies affecting the identification, prosecution, and

23 deportation of aliens who have committed a criminal

24 offense in the United States.
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1 (2) Changes in State and local laws, regula2 tions, and policies affecting the identification, pros3 ecution, and deportation of aliens who have commit4 ted a criminal offense in the United States.

5 (3) Changes in the Treaty that may be nec6 essary to increase the number of aliens convicted of

7 crimes who may be transferred pursuant to the

8 Treaty.

9 (4) Methods for preventing the unlawful re10 entry into the United States of aliens who have been

11 convicted of criminal offenses in the United States

12 and transferred pursuant to the Treaty.

13 (5) Any recommendations of appropriate offi14 cials of the Mexican Government on programs to

15 achieve the goals of, and ensure full compliance

16 with, the Treaty.

17 (6) An assessment of whether the recommenda18 tions under this subsection require the renegotiation

19 of the Treaty.

20 (7) The additional funds required to implement

21 each recommendation under this subsection.

22 SEC. 506. EXPEDITING CRIMINAL ALIEN DEPORTATION AND

23 EXCLUSION.

24 (a) CONVICTED DEFINED.—Section 241(a)(2) of the

25 Immigration and Nationality Act (8 U.S.C. 1251(a)(2))
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1 is amended by adding at the end the following new sub2 paragraph:

3 ‘‘(E) CONVICTED DEFINED.—In this para4 graph, the term ‘convicted’ means a judge or

5 jury has found the alien guilty or the alien has

6 entered a plea of guilty or nolo contendere,

7 whether or not the alien appeals therefrom.’’.

8 (b) DEPORTATION OF CONVICTED ALIENS.—

9 (1) IMMEDIATE DEPORTATION.—Section 242(h)

10 of such Act (8 U.S.C. 1252(h)) is amended—

11 (A) by striking ‘‘(h) An alien’’ and insert12 ing ‘‘(h)(1) Subject to paragraph (2), an alien’’;

13 and

14 (B) by adding at the end the following new

15 paragraph:

16 ‘‘(2) An alien sentenced to imprisonment may be de17 ported prior to the termination of such imprisonment by

18 the release of the alien from confinement, if the Service

19 petitions the appropriate court or other entity with author20 ity concerning the alien to release the alien into the cus21 tody of the Service for execution of an order of deporta22 tion.’’.

23 (2) PROHIBITION OF REENTRY INTO THE

24 UNITED STATES.—Section 212(a)(2) of such Act (8

25 U.S.C. 1182(a)(2)) is amended—
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1 (A) by redesignating subparagraph (F) as

2 subparagraph (G); and

3 (B) by inserting after subparagraph (E)

4 the following new subparagraph:

5 ‘‘(F) ALIENS DEPORTED BEFORE SERVING

6 MINIMUM PERIOD OF CONFINEMENT.—In addi7 tion to any other period of exclusion which may

8 apply an alien deported pursuant to section

9 242(h)(2) is excludable during the minimum pe10 riod of confinement to which the alien was sen11 tenced.’’.

12 (c) EXECUTION OF DEPORTATION ORDERS.—Section

13 242(i) of such Act (8 U.S.C. 1252(i)) is amended by add14 ing at the end the following: ‘‘An order of deportation may

15 not be executed until all direct appeals relating to the con16 viction which is the basis of the deportation order have

17 been exhausted.’’.

18 TITLE VI—TERRORIST ALIENS

19 SEC. 601. REMOVAL OF ALIEN TERRORISTS.

20 The Immigration and Nationality Act (8 U.S.C. 1101

21 et seq.) is amended by inserting the following new section:

22 ‘‘REMOVAL OF ALIEN TERRORISTS

23 ‘‘SEC. 242C. (a) DEFINITIONS.—As used in this sec24 tion—

25 ‘‘(1) the term ‘alien terrorist’ means any alien

26 described in section 241(a)(4)(B);
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1 ‘‘(2) the term ‘classified information’ has the

2 same meaning as defined in section 1(a) of the Clas3 sified Information Procedures Act (18 U.S.C. App.

4 IV);

5 ‘‘(3) the term ‘national security’ has the same

6 meaning as defined in section 1(b) of the Classified

7 Information Procedures Act (18 U.S.C. App. IV);

8 ‘‘(4) the term ‘special court’ means the court

9 described in subsection (c) of this section; and

10 ‘‘(5) the term ‘special removal hearing’ means

11 the hearing described in subsection (e) of this sec12 tion.

13 ‘‘(b) APPLICATION FOR USE OF PROCEDURES.—The

14 provisions of this section shall apply whenever the Attor15 ney General certifies under seal to the special court that—

16 ‘‘(1) the Attorney General or Deputy Attorney

17 General has approved of the proceeding under this

18 section;

19 ‘‘(2) an alien terrorist is physically present in

20 the United States; and

21 ‘‘(3) removal of such alien terrorist by deporta22 tion proceedings described in sections 242, 242A, or

23 242B would pose a risk to the national security of

24 the United States because such proceedings would

25 disclose classified information.
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1 ‘‘(c) SPECIAL COURT.—(1) The Chief Justice of the

2 United States shall publicly designate up to 7 judges from

3 up to 7 United States judicial districts to hear and decide

4 cases arising under this section, in a manner consistent

5 with the designation of judges described in section 103(a)

6 of the Foreign Intelligence Surveillance Act (50 U.S.C.

7 1803(a)).

8 ‘‘(2) The Chief Justice may, in the Chief Justice’s

9 discretion, designate the same judges under this section

10 as are designated pursuant to 50 U.S.C. 1803(a).

11 ‘‘(d) INVOCATION OF SPECIAL COURT PROCE12 DURE.—(1) When the Attorney General makes the appli13 cation described in subsection (b), a single judge of the

14 special court shall consider the application in camera and

15 ex parte.

16 ‘‘(2) The judge shall invoke the procedures of sub17 section (e), if the judge determines that there is probable

18 cause to believe that—

19 ‘‘(A) the alien who is the subject of the applica20 tion has been correctly identified;

21 ‘‘(B) a deportation proceeding described in sec22 tions 242, 242A, or 242B would pose a risk to the

23 national security of the United States because such

24 proceedings would disclose classified information;

25 and
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1 ‘‘(C) the threat posed by the alien’s physical

2 presence is immediate and involves the risk of death

3 or serious bodily harm.

4 ‘‘(e) SPECIAL REMOVAL HEARING.—(1) Except as

5 provided in paragraph (4), the special removal hearing au6 thorized by a showing of probable cause described in sub7 section (d)(2) shall be open to the public.

8 ‘‘(2) The alien shall have a right to be present at such

9 hearing and to be represented by counsel. Any alien finan10 cially unable to obtain counsel shall be entitled to have

11 counsel assigned to represent such alien. Counsel may be

12 appointed as described in section 3006A of title 18, United

13 States Code.

14 ‘‘(3) The alien shall have a right to introduce evi15 dence on his own behalf, and except as provided in para16 graph (4), shall have a right to cross-examine any witness

17 or request that the judge issue a subpoena for the pres18 ence of a named witness.

19 ‘‘(4) The judge shall authorize the introduction in

20 camera and ex parte of any item of evidence for which

21 the judge determines that public disclosure would pose a

22 risk to the national security of the United States because

23 it would disclose classified information.
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1 ‘‘(5) With respect to any evidence described in para2 graph (4), the judge shall cause to be delivered to the alien

3 either—

4 ‘‘(A)(i) the substitution for such evidence of a

5 statement admitting relevant facts that the specific

6 evidence would tend to prove, or (ii) the substitution

7 for such evidence of a summary of the specific evi8 dence; or

9 ‘‘(B) if disclosure of even the substituted evi10 dence described in subparagraph (A) would create a

11 substantial risk of death or serious bodily harm to

12 any person, a statement informing the alien that no

13 such summary is possible.

14 ‘‘(6) If the judge determines—

15 ‘‘(A) that the substituted evidence described in

16 paragraph (4)(B) will provide the alien with sub17 stantially the same ability to make his defense as

18 would disclosure of the specific evidence, or

19 ‘‘(B) that disclosure of even the substituted evi20 dence described in paragraph (5)(A) would create a

21 substantial risk of death or serious bodily harm to

22 any person,

23 then the determination of deportation (described in sub24 section (f)) may be made pursuant to this section.
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1 ‘‘(f) DETERMINATION OF DEPORTATION.—(1) If the

2 determination in subsection (e)(6)(A) has been made, the

3 judge shall, considering the evidence on the record as a

4 whole, require that the alien be deported if the Attorney

5 General proves, by clear and convincing evidence, that the

6 alien is subject to deportation because he is an alien as

7 described in section 241(a)(4)(B).

8 ‘‘(2) If the determination in subsection (e)(6)(B) has

9 been made, the judge shall, considering the evidence re10 ceived (in camera and otherwise), require that the alien

11 be deported if the Attorney General proves, by clear, con12 vincing, and unequivocal evidence, that the alien is subject

13 to deportation because he is an alien as described in sec14 tion 241(a)(4)(B).

15 ‘‘(g) APPEALS.—(1) The alien may appeal a deter16 mination under subsection (f) to the court of appeals for

17 the Federal Circuit, by filing a notice of appeal with such

18 court within 20 days of the determination under such sub19 section.

20 ‘‘(2)(A) The Attorney General may appeal a deter21 mination under subsection (d), (e), or (f) to the court of

22 appeals for the Federal Circuit, by filing a notice of appeal

23 with such court within 20 days of the determination under

24 any one of such subsections.
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1 ‘‘(B) When requested by the Attorney General, the

2 entire record of the proceeding under this section shall be

3 transmitted to the court of appeals under seal. If the At4 torney General is appealing a determination under sub5 section (d) or (e), the court of appeals shall consider such

6 appeal in camera and ex parte.’’.

7 SEC. 602. MEMBERSHIP IN A TERRORIST ORGANIZATION AS

8 A BASIS FOR EXCLUSION FROM THE UNITED

9 STATES UNDER THE IMMIGRATION AND NA10 TIONALITY ACT.

11 Section 212(a)(3)(B) of the Immigration and Nation12 ality Act (8 U.S.C. 1182(a)(3)(B)) is amended—

13 (1) in clause (i)(II) by inserting ‘‘or’’ at the

14 end;

15 (2) by adding after clause (i)(II) the following:

16 ‘‘(III) is a member of an organi17 zation that engages in, or has engaged

18 in, terrorist activity or who actively

19 supports or advocates terrorist activ20 ity,’’; and

21 (3) by adding after clause (iii) the following:

22 ‘‘(iv) TERRORIST ORGANIZATION DE23 FINED.—As used in this Act, the term ‘ter24 rorist organization’ means an organization

25 which commits terrorist activity as deter-
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1 mined by the Attorney General, in con2 sultation with the Secretary of State.’’.

3 TITLE VII—INSPECTIONS

4 SEC. 701. PREINSPECTION AT FOREIGN AIRPORTS.

5 (a) IN GENERAL.—The Immigration and Nationality

6 Act is amended by inserting after section 235 the following

7 new section:

8 ‘‘PREINSPECTION AT FOREIGN AIRPORTS

9 ‘‘SEC. 235A. (a) ESTABLISHMENT OF

10 PREINSPECTION STATIONS.—(1) Subject to paragraph

11 (4), not later than 2 years after the date of the enactment

12 of this section, the Attorney General, in consultation with

13 the Secretary of State, shall establish and maintain

14 preinspection stations in at least 5 of the foreign airports

15 that are among the 10 foreign airports which the Attorney

16 General identifies as serving as last points of departure

17 for the greatest numbers of passengers who arrive from

18 abroad by air at ports of entry within the United States.

19 Such preinspection stations shall be in addition to any

20 preinspection stations established prior to the date of the

21 enactment of this section.

22 ‘‘(2) Not later than November 1, 1995, and each sub23 sequent November 1, the Attorney General shall compile

24 data identifying—

25 ‘‘(A) the foreign airports which served as last

26 points of departure for aliens who arrived by air at
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1 United States ports of entry without valid docu2 mentation during the preceding fiscal years,

3 ‘‘(B) the number and nationality of such aliens

4 arriving from each such foreign airport, and

5 ‘‘(C) the primary routes such aliens followed

6 from their country of origin to the United States.

7 ‘‘(3) Subject to paragraph (4), not later than 4 years

8 after the date of enactment of this section, the Attorney

9 General, in consultation with the Secretary of State, shall

10 establish preinspection stations in at least 5 additional for11 eign airports which the Attorney General, in consultation

12 with the Secretary of State, determines based on the data

13 compiled under paragraph (2) and such other information

14 as may be available would most effectively reduce the

15 number of aliens who arrive from abroad by air at points

16 of entry within the United States without valid docu17 mentation. Such preinspection stations shall be in addition

18 to those established prior to or pursuant to paragraph (1).

19 ‘‘(4) Prior to the establishment of a preinspection

20 station the Attorney General, in consultation with the Sec21 retary of State, shall ensure that—

22 ‘‘(A) employees of the United States stationed

23 at the preinspection station and their accompanying

24 family members will receive appropriate protection,
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1 ‘‘(B) such employees and their families will not

2 be subject to unreasonable risks to their welfare and

3 safety, and

4 ‘‘(C) the country in which the preinspection sta5 tion is to be established maintains practices and pro6 cedures with respect to asylum seekers and refugees

7 in accordance with the Convention Relating to the

8 Status of Refugees (done at Geneva, July 28, 1951),

9 or the Protocol Relating to the Status of Refugees

10 (done at New York, January 31, 1967).

11 ‘‘(b) ESTABLISHMENT OF CARRIER CONSULTANT

12 PROGRAM.—The Attorney General shall assign additional

13 immigration officers to assist air carriers in the detection

14 of fraudulent documents at foreign airports which, based

15 on the records maintained pursuant to subsection (a)(2),

16 served as a point of departure for a significant number

17 of arrivals at United States ports of entry without valid

18 documentation, but where no preinspection station exists.

19 ‘‘(c) CLERICAL AMENDMENT.—The table of contents

20 is amended by inserting after the item relating to section

21 235 the following new item:

‘‘Sec. 235A. Preinspection at foreign airports.’’.

22 SEC. 702. TRAINING OF AIRLINE PERSONNEL IN DETEC23 TION OF FRAUDULENT DOCUMENTS.

24 (a) USE OF FUNDS.—Section 286(h)(2)(A) (8 U.S.C.

25 1356(h)(2)(A)) is amended—
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1 (1) in clause (iv), by inserting ‘‘, including

2 training of, and technical assistance to, commercial

3 airline personnel on such detection’’ after ‘‘United

4 States’’, and

5 (2) by adding at the end the following:

6 ‘‘The Attorney General shall provide for expenditures for

7 training and assistance described in clause (iv) in an

8 amount, for any fiscal year, not less than 5 percent of

9 the total of the expenses incurred that are described in

10 the previous sentence.’’.

11 (b) COMPLIANCE WITH DETECTION REGULA12 TIONS.—Section 212(f) (8 U.S.C. 1182(f)) is amended by

13 adding at the end the following: ‘‘Whenever the Attorney

14 General finds that a commercial airline has failed to com15 ply with regulations of the Attorney General relating to

16 requirements of airlines for the detection of fraudulent

17 documents used by passengers traveling to the United

18 States (including the training of personnel in such detec19 tion), the Attorney General may suspend the entry of some

20 or all aliens transported to the United States by such air21 line.’’.

22 (c) EFFECTIVE DATES.—

23 (1) The amendments made by subsection (a)

24 shall apply to expenses incurred during or after fis25 cal year 1995.
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1 (2) The Attorney General shall first issue, in

2 proposed form, regulations referred to in the second

3 sentence of section 212(f) of the Immigration and

4 Nationality Act, as added by the amendment made

5 by subsection (b), by not later than 90 days after

6 the date of the enactment of this Act.

7 TITLE VIII—ASYLUM

8 SEC. 801. INSPECTION AND EXCLUSION BY IMMIGRATION

9 OFFICERS.

10 (a) IN GENERAL.—Section 235(b) (8 U.S.C.

11 1225(b)) is amended to read as follows:

12 ‘‘(b) INSPECTION AND EXCLUSION BY IMMIGRATION

13 OFFICERS.—

14 ‘‘(1) An immigration officer shall inspect each

15 alien who is seeking entry to the United States.

16 ‘‘(2)(A) If the examining immigration officer

17 determines that an alien seeking entry—

18 ‘‘(i) does not present the documentation

19 required (if any) to obtain legal entry to the

20 United States; and

21 ‘‘(ii) does not indicate either an intention

22 to apply for provisional asylum (under section

23 208) or a fear of persecution,

24 the officer shall order the alien excluded from the

25 United States without further hearing or review.
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1 ‘‘(B) The examining immigration officer shall

2 refer for immediate inspection at the port of entry

3 by an asylum officer under subparagraph (C) any

4 alien who (i) does not present the documentation re5 quired (if any) to obtain legal entry to the United

6 States, and (ii) has indicated an intention to apply

7 for provisional asylum or a fear of persecution. Such

8 an alien shall not be considered to have been in9 spected and admitted for purposes of this Act.

10 ‘‘(C)(i) If an asylum officer determines that an

11 alien has a credible fear of persecution, the alien

12 shall be entitled to apply for provisional asylum

13 under section 208.

14 ‘‘(ii)(I) Subject to subclause (II), if an asylum

15 officer determines that an alien does not have a

16 credible fear of persecution the officer shall order

17 the alien excluded from the United States without

18 further hearing or review.

19 ‘‘(II) The Attorney General shall promulgate

20 regulations to provide for the immediate review by

21 another asylum officer at the port of entry of a deci22 sion under subclause (I).

23 ‘‘(iii) For the purposes of this subparagraph,

24 the term ‘credible fear of persecution’ means (I) that

25 it is more probable than not that the statements
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1 made by the alien in support of his or her claim are

2 true, and (II) that there is a significant possibility,

3 in light of such statements and of such other facts

4 as are known to the officer that the alien could es5 tablish eligibility for provisional asylum under sec6 tion 208.

7 ‘‘(iv) Notwithstanding any other provision of

8 law, no court shall have jurisdiction to review, except

9 by petition for habeas corpus, any determination

10 made with respect to an alien found excludable pur11 suant to this paragraph. In any such case, review by

12 habeas corpus shall be limited to examination of

13 whether the petitioner (I) is an alien, and (II) was

14 ordered excluded from the United States pursuant to

15 this paragraph.

16 ‘‘(v) Notwithstanding any other provision of

17 law, no court shall have jurisdiction (I) to review the

18 procedures established by the Attorney General for

19 the determination of exclusion pursuant to this para20 graph, or (II) to enter declaratory or injunctive re21 lief with respect to the implementation of this para22 graph. Regardless of the nature of the suit or claim,

23 no court shall have jurisdiction except by habeas cor24 pus petition as provided in clause (iv) to consider

25 the validity of any adjudication or determination
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1 under this paragraph or to provide declaratory or in2 junctive relief with respect to the exclusion of any

3 alien pursuant to this paragraph.

4 ‘‘(vi) In any action brought for the assessment

5 of penalties for improper entry or re-entry of an

6 alien under section 275 or 276, no court shall have

7 jurisdiction to hear claims collaterally attacking the

8 validity of orders of exclusion or deportation entered

9 under sections 235, 236, and 242.

10 ‘‘(3)(A) Except as provided in subparagraph

11 (B), if the examining immigration officer determines

12 that an alien seeking entry is not clearly and beyond

13 a doubt entitled to enter, the alien shall be detained

14 for a hearing before a special inquiry officer.

15 ‘‘(B) The provisions of subparagraph (A) shall

16 not apply—

17 ‘‘(i) to an alien crewman,

18 ‘‘(ii) to an alien described in paragraph

19 (2)(A) or 2(B), or

20 ‘‘(iii) if the conditions described in section

21 273(d) exist.

22 ‘‘(4) The decision of the examining immigration

23 officer, if favorable to the admission of any alien,

24 shall be subject to challenge by any other immigra25 tion officer and such challenge shall operate to take
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1 the alien, whose privilege to enter is so challenged,

2 before a special inquiry officer for a hearing on ex3 clusion of the alien.

4 ‘‘(5) An alien has not entered the United States

5 for purposes of this Act unless and until such alien

6 has been inspected and admitted by an immigration

7 officer pursuant to this subsection.

8 (b) CONFORMING AMENDMENTS.—Section 237(a) (8

9 U.S.C. 1227(a)) is amended—

10 (1) in the second sentence of paragraph (1) by

11 striking ‘‘Deportation’’ and inserting ‘‘Subject to

12 section 235(b)(2), deportation’’; and

13 (2) in the first sentence of paragraph (2) by

14 striking ‘‘If ’’ and inserting ‘‘Subject to section

15 235(b)(2), if ’’.

16 SEC. 802. ASYLUM.

17 (a) IN GENERAL.—Section 208 (8 U.S.C. 1158) is

18 amended to read as follows:

19 ‘‘SEC. 208. ASYLUM.

20 (a) PROVISIONAL ASYLUM.—

21 ‘‘(1) RIGHT TO APPLY.—The Attorney General

22 shall establish a procedure for an alien physically

23 present in the United States or at a land border or

24 port of entry, irrespective of such alien’s status, to
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1 apply for provisional asylum in accordance with this

2 section.

3 ‘‘(2) CONDITIONS FOR GRANTING.—

4 ‘‘(A) MANDATORY CASES.—The Attorney

5 General shall grant provisional asylum to an

6 alien if the alien applies for provisional asylum

7 in accordance with the requirements of this sec8 tion and establishes that it is more likely than

9 not that in the alien’s country of nationality

10 (or, in the case of a person having no national11 ity, the country in which such alien last habit12 ually resided) such alien’s life or freedom would

13 be threatened on account of race, religion, na14 tionality, membership in a particular social

15 group, or political opinion.

16 ‘‘(B) DISCRETIONARY CASES.—The Attor17 ney General may grant provisional asylum to an

18 alien if the alien applies for provisional asylum

19 in accordance with the requirements of this sec20 tion and establishes that the alien is a refugee

21 within the meaning of section 101(a)(42).

22 ‘‘(C) EXCEPTIONS.—(i) Subparagraphs

23 (A) and (B) shall not apply to an alien if the

24 Attorney General determines that—
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1 ‘‘(I) the alien ordered, incited, as2 sisted, or otherwise participated in the per3 secution of any person on account of race,

4 religion, nationality, membership in a par5 ticular social group, or political opinion;

6 ‘‘(II) the alien, having been convicted

7 by a final judgment of a particularly seri8 ous crime, constitutes a danger to the com9 munity of the United States;

10 ‘‘(III) there are serious reasons for

11 believing that the alien has committed a

12 serious nonpolitical crime outside the

13 United States prior to the arrival of the

14 alien in the United States;

15 ‘‘(IV) there are reasonable grounds

16 for regarding the alien as a danger to the

17 security of the United States; or

18 ‘‘(V) a country willing to accept the

19 alien has been identified (other than the

20 country described in subparagraph (A)) to

21 which the alien can be deported or re22 turned and the alien does not establish

23 that it is more likely than not that the

24 alien’s life or freedom would be threatened

25 in such country on account of race, reli-
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1 gion, nationality, membership in a particu2 lar social group, or political opinion.

3 ‘‘(ii)(I) For purposes of clause (i)(II), an

4 alien who has been convicted of an aggravated

5 felony shall be considered to have committed a

6 particularly serious crime.

7 ‘‘(II) The Attorney General shall promul8 gate regulations that specify additional crimes

9 that will be considered to be a crime described

10 in clause (i)(II) or (i)(III).

11 ‘‘(III) The Attorney General shall promul12 gate regulations establishing such additional

13 limitations and conditions as the Attorney Gen14 eral considers appropriate under which an alien

15 shall be ineligible to apply for provisional asy16 lum under subparagraph (B).

17 ‘‘(3) PROVISIONAL ASYLUM STATUS.—In the

18 case of any alien granted provisional asylum under

19 paragraph (2)(A), the Attorney General, in accord20 ance with this section—

21 ‘‘(A) shall not deport or return the alien to

22 the country described under paragraph (2)(A);

23 ‘‘(B) shall authorize the alien to engage in

24 employment in the United States and provide

25 the alien with an ‘employment authorized’ en-
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1 dorsement or other appropriate work permit;

2 and

3 ‘‘(C) may allow the alien to travel abroad

4 with the prior consent of the Attorney General.

5 ‘‘(4) TERMINATION.—Provisional asylum grant6 ed under paragraph (2) may be terminated if the At7 torney General, pursuant to such regulations as the

8 Attorney General may prescribe, determines that—

9 ‘‘(A) the alien no longer meets the condi10 tions described in paragraph (2) owing to a

11 change in circumstances in the alien’s country

12 of nationality or, in the case of an alien having

13 no nationality, in the country in which the alien

14 last habitually resided;

15 ‘‘(B) the alien meets a condition described

16 in paragraph (2)(C); or

17 ‘‘(C) a country willing to accept the alien

18 has been identified (other than the country de19 scribed in paragraph (2)) to which the alien can

20 be deported or returned and the alien cannot

21 establish that it is more likely than not that the

22 alien’s life or freedom would be threatened in

23 such country on account of race, religion, na24 tionality, membership in a particular social

25 group, or political opinion.
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1 ‘‘(5) ACCEPTANCE BY ANOTHER COUNTRY.—In

2 the case of an alien described in paragraph

3 (2)(C)(i)(V) or paragraph (4)(C), the alien’s depor4 tation or return shall be directed by the Attorney

5 General in the sole discretion of the Attorney Gen6 eral, to any country which is willing to accept the

7 alien into its territory (other than the country de8 scribed in paragraph (2)(A)).

9 ‘‘(b) PROVISIONAL ASYLUM APPLICATIONS.—

10 ‘‘(1) IN GENERAL.—

11 ‘‘(A) DEADLINE.—Subject to subpara12 graph (B), an alien’s application for provisional

13 asylum shall not be considered under this sec14 tion unless—

15 ‘‘(i) the alien has filed, not later than

16 30 days after entering or coming to the

17 United States, notice of intention to file

18 such an application, and

19 ‘‘(ii) such application is actually filed

20 not later than 60 days after entering or

21 coming to the United States.

22 ‘‘(B) EXCEPTION.—An application for pro23 visional asylum may be considered, not with24 standing that the requirements of subparagraph

25 (A) have not been met, only if the alien dem-
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1 onstrates by clear and convincing evidence

2 changed circumstances in the alien’s country of

3 nationality (or in the case of an alien with no

4 nationality, in the country where the alien last

5 habitually resided) affecting eligibility for provi6 sional asylum.

7 ‘‘(2) REQUIREMENTS.—An application for pro8 visional asylum shall not be considered unless the

9 alien submits to the taking of fingerprints and a

10 photograph in a manner determined by the Attorney

11 General.

12 ‘‘(3) PREVIOUS DENIAL OF ASYLUM.—An appli13 cation for provisional asylum shall not be considered

14 if the alien has been denied asylum by a country in

15 which the alien had access to a full and fair proce16 dure for determining his or her asylum claim in ac17 cordance with a bilateral or multilateral agreement

18 between that country and the United States.

19 ‘‘(4) FEES.—In the discretion of the Attorney

20 General, the Attorney General may impose reason21 able fees for the consideration of an application for

22 provisional asylum, for employment authorization

23 under this section, and for adjustment of status

24 under section 209(b). The Attorney General is au25 thorized to provide for the assessment and payment
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1 of any such fee over a period of time or by install2 ments.

3 ‘‘(5) EMPLOYMENT.—An applicant for provi4 sional asylum is not entitled to engage in employ5 ment in the United States. The Attorney General

6 may authorize an alien who has filed an application

7 for provisional asylum to engage in employment in

8 the United States, in the discretion of the Attorney

9 General.

10 ‘‘(6) NOTICE OF CONSEQUENCES OF FRIVOLOUS

11 APPLICATIONS.—At the time of filing a notice of in12 tention to apply for provisional asylum, the alien

13 shall be advised of the consequences, under sub14 section (e), of filing a frivolous application for provi15 sional asylum.

16 ‘‘(c) SANCTIONS FOR FAILURE TO APPEAR.—

17 ‘‘(1) Subject to paragraph (2), the application

18 for provisional asylum of an alien who does not ap19 pear for a hearing on such application shall be sum20 marily dismissed unless the alien can show excep21 tional circumstances (as defined in section

22 242B(f)(2)) as determined by an asylum officer or

23 immigration judge.

24 ‘‘(2) Paragraph (1) shall not apply if written

25 and oral notice were not provided to the alien of the
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1 time and place at which the asylum hearing was to

2 be held, and in the case of any change or postpone3 ment in such time or place, written and oral notice

4 were provided to the alien of the new time or place

5 of the hearing.

6 ‘‘(d) ASYLUM.—

7 ‘‘(1) ADJUSTMENT OF STATUS.—Under such

8 regulations as the Attorney General may prescribe,

9 the Attorney General shall adjust to the status of an

10 alien granted asylum the status of any alien granted

11 provisional asylum under subsection (a)(2)(A) or

12 (a)(2)(B) who—

13 ‘‘(A) applies for such adjustment;

14 ‘‘(B) has been physically present in the

15 United States for at least 1 year after being

16 granted provisional asylum;

17 ‘‘(C) continues to be eligible for provisional

18 asylum under this section; and

19 ‘‘(D) is admissible under this Act at the

20 time of examination for adjustment of status

21 under this subsection.

22 ‘‘(2) TREATMENT OF SPOUSE AND CHIL23 DREN.—A spouse or child (as defined in section

24 101(b)(A), (B), (C), (D), or (E)) of an alien whose

25 status is adjusted to that of an alien granted asylum
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1 under paragraph (a)(2) may be granted the same

2 status as the alien if accompanying, or following to

3 join, such alien.

4 ‘‘(3) APPLICATION FEES.—The Attorney Gen5 eral may impose a reasonable fee for the filing of an

6 application for asylum under this subsection.

7 ‘‘(e) DENIAL OF IMMIGRATION BENEFITS FOR FRIV8 OLOUS APPLICATIONS.—

9 ‘‘(1) IN GENERAL.—If the Attorney General de10 termines that an alien has made a frivolous applica11 tion for provisional asylum under this section and

12 the alien has received the notice under subsection

13 (b)(5), the alien shall be permanently ineligible for

14 any benefits under this Act, effective as of the date

15 of a final determination on such application.

16 ‘‘(2) TREATMENT OF MATERIAL MISREPRESEN17 TATIONS.—For purposes of this subsection, an appli18 cation considered to be ‘frivolous’ includes, but is

19 not limited to, an application which contains a will20 ful misrepresentation or concealment of a material

21 fact.’’.

22 (b) CLERICAL AMENDMENT.—The item in the table

23 of contents relating to section 208 is amended to read as

24 follows:

‘‘Sec. 208. Asylum.’’.
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1 SEC. 803. FAILURE TO APPEAR FOR PROVISIONAL ASYLUM

2 HEARING; JUDICIAL REVIEW.

3 (a) FAILURE TO APPEAR FOR PROVISIONAL ASYLUM

4 HEARING.—Section 242B(e)(4) (8 U.S.C. 1252b(e)(4)) is

5 amended—

6 (1) in the heading, by striking ‘‘ASYLUM’’ and

7 inserting ‘‘PROVISIONAL ASYLUM’’;

8 (2) by striking ‘‘asylum’’ each place it appears

9 and inserting ‘‘provisional asylum’’; and

10 (3) in subparagraph (A), by striking all after

11 clause (iii) and inserting ‘‘shall not be eligible for

12 any benefits under this Act.’’.

13 (b) JUDICIAL REVIEW.—Section 106 (8 U.S.C.

14 1105a) is amended by adding at the end the following sub15 section:

16 ‘‘(d) The procedure prescribed by, and all the provi17 sions of chapter 158 of title 28, United States Code, shall

18 apply to, and shall be the sole and exclusive procedure for,

19 the judicial review of all final orders granting or denying

20 provisional asylum, except that—

21 ‘‘(1) a petition for review may be filed not later

22 than 90 days after the date of the issuance of the

23 final order granting or denying provisional asylum;

24 ‘‘(2) the venue of any petition for review under

25 this subsection shall be in the judicial circuit in

26 which the administrative proceedings were conducted
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1 in whole or in part, or in the judicial circuit wherein

2 is the residence, as defined in this Act, of the peti3 tioner, but not in more than one circuit; and

4 ‘‘(3) notwithstanding any other provision of

5 law, a determination granting or denying provisional

6 asylum based on changed circumstances pursuant to

7 section 208(b)(1)(A)(ii) shall be in the sole discre8 tion of the officer conducting the administrative pro9 ceeding.’’.

10 SEC. 804. CONFORMING AMENDMENTS.

11 (a) LIMITATION ON DEPORTATION.—Section 243 (8

12 U.S.C. 1253) is amended by striking subsection (h).

13 (b) ADJUSTMENT OF STATUS.—Section 209(b) (8

14 U.S.C. 1159(b)) is amended—

15 (1) in paragraph (2) by striking ‘‘one year’’ and

16 inserting ‘‘2 years’’; and

17 (2) by amending paragraph (3) to read as

18 follows:

19 ‘‘(3) continues to be eligible for provisional asy20 lum under section 208,’’.

21 (c) ALIENS INELIGIBLE FOR TEMPORARY PRO22 TECTED STATUS.—Section 244A(c)(2)(B)(ii) (8 U.S.C.

23 1254a(c)(2)(B)(ii)) is amended by striking ‘‘section

24 243(h)(2)’’ and inserting ‘‘section 208(a)(2)(C)’’.
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1 (d) ELIGIBILITY FOR NATURALIZATION.—Section

2 316(f)(1) (8 U.S.C. 1427(f)(1)) is amended by striking

3 ‘‘subparagraphs (A) through (D) of paragraph 243(h)(2)’’

4 and inserting ‘‘section 208(a)(2)(C).’’.

5 (e) FAMILY UNITY.—Section 301(e) of the Immigra6 tion Act of 1990 (Public Law 101–649) is amended by

7 striking ‘‘section 243(h)(2)’’ and inserting ‘‘section

8 208(a)(2)(C).’’.

9 SEC. 805. EFFECTIVE DATES.

10 (a) IN GENERAL.—Except as otherwise provided, the

11 amendments made by this title shall take effect on the

12 date of the enactment of this Act.

13 (b) EXCEPTIONS.—

14 (1) The amendments made by this title shall

15 not apply to applications for asylum or withholding

16 of deportation made before the first day of the first

17 month that begins more than 180 days after the

18 date of the enactment of this Act and no application

19 for provisional asylum under section 208 of the Im20 migration and Nationality Act (as amended by sec21 tion 801 of this title) shall be considered before such

22 first day.

23 (2) In applying section 208(b)(1)(A) of the Im24 migration and Nationality Act (as amended by this

25 title) in the case of an alien who has entered or
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1 came to the United States before the first day de2 scribed in paragraph (1), notwithstanding the dead3 lines specified in such section—

4 (A) the deadline for the filing of a notice

5 of intention to file an application for provisional

6 asylum is 30 days after such first day, and

7 (B) the deadline for the filing of the appli8 cation for provisional asylum is 30 days after

9 the date of filing such notice.

10 (3) The amendments made by section 803(b)

11 (relating to adjustment of status) shall not apply to

12 aliens granted asylum under section 208 of the Im13 migration and Nationality Act, as in effect before

14 the date of the enactment of this Act.

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