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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4934 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4934

  To restore immigration to traditional levels by curtailing illegal 
        immigration and imposing a ceiling on legal immigration.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            August 10, 1994

Mr. Archer introduced the following bill; which was referred jointly to 
           the Committees on the Judiciary and Ways and Means

_______________________________________________________________________

                                 A BILL

 
  To restore immigration to traditional levels by curtailing illegal 
        immigration and imposing a ceiling on legal immigration.

    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 Reduction Act of 1994''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Effective date.
                    TITLE I--IMMIGRANTS AND REFUGEES

Sec. 101. Immigration levels.
Sec. 102. Refugee reform.
Sec. 103. Asylum reform.
Sec. 104. Temporary protected status repealed.
Sec. 105. Parole authority.
                        TITLE II--BORDER CONTROL

Sec. 201. Border patrol personnel.
Sec. 202. Border crossing fees.
                    TITLE III--INTERIOR ENFORCEMENT

Sec. 301. Investigative personnel.
Sec. 302. Common-law searches restored.
Sec. 303. Detention facilities.
Sec. 304. Jurisdiction over immigration cases.
Sec. 305. Aliens in deportation.
Sec. 306. Immigration penalties and confiscations.
Sec. 307. Communications.
Sec. 308. Voluntary departure.
                       TITLE IV--DOCUMENT REFORM

Sec. 401. Secure work eligibility documents.
Sec. 402. Electronic verification.
Sec. 403. Uniform vital statistics.
Sec. 404. Employment authorization.
               TITLE V--STATE AND LOCAL RESPONSIBILITIES

Sec. 501. Local cooperation.
Sec. 502. Notification of alien arrest.
Sec. 503. Immigration-related communications.
Sec. 504. Law enforcement assistance.
                    TITLE VI--PUBLIC BENEFITS ABUSE

Sec. 601. Prohibition of benefits to certain aliens.
Sec. 602. Exclusion of aliens likely to become public charges.
Sec. 603. Financial responsibility of immigrant sponsors.
Sec. 604. Means-tested benefits.
                  TITLE VII--STRENGTHENING CITIZENSHIP

Sec. 701. Constitutional citizenship.
Sec. 702. Constitutional voting privilege.
Sec. 703. Naturalization.
Sec. 704. Legal actions by State and local governments.
           TITLE VIII--IMMIGRATION AND NATURALIZATION SERVICE

Sec. 801. Establishment of independent agency.
Sec. 802. Conforming amendments.

SEC. 3. EFFECTIVE DATE.

    Except where otherwise specifically provided, the provisions of 
this Act are effective October 1, 1994.

                    TITLE I--IMMIGRANTS AND REFUGEES

SEC. 101. IMMIGRATION LEVELS.

    (a) Section 201 of the Immigration and Nationality Act (8 U.S.C. 
1151) is amended by--
            (1) inserting ``backlogged'' before ``family-sponsored 
        immigrants'' and inserting ``and'' after ``fiscal year;'' in 
        subsection (a)(1);
            (2) striking ``employment-based'' in subsection (a)(2) and 
        inserting ``priority-worker'';
            (3) striking ``year; and'' in subsection (a)(2) and 
        inserting ``year.'';
            (4) striking subsection (a)(3);
            (5) amending subsection (c) to read as follows:
    ``(c) Worldwide Level of Backlogged Family-Sponsored Immigrants.--
The worldwide level of backlogged family-sponsored immigrants under 
this subsection for a fiscal year is equal to--
            ``(1) 320,000, minus
            ``(2) the sum of--
                    ``(A) the number of immediate relatives described 
                in section 201(b)(2) and priority workers described in 
                section 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, and
                    ``(B) the number of refugees admitted under section 
                207 in the preceding fiscal year.'';
            (6) amending subsection (d) to read as follows:
    ``(d) The worldwide level of priority-worker immigrants under this 
subsection for a fiscal year is 25,000.''; and
            (7) striking subsection (e).
    (b) Section 203 of the Immigration and Nationality Act (8 U.S.C. 
1153) is amended by--
            (1) inserting ``Backlogged'' before ``Family-Sponsored'' 
        and ``backlogged'' before ``family-sponsored'' in subsection 
        (a);
            (2) striking ``23,400'' in subsection (a)(1) and inserting 
        ``10 percent of such worldwide level'';
            (3) striking ``114,200, plus the number (if any) by which 
        such worldwide level exceeds 226,000'' in subsection (a)(2) and 
        inserting ``51 percent of such worldwide level'';
            (4) striking ``23,400'' in subsection (a)(3) and inserting 
        ``10 percent of such worldwide level'';
            (5) striking ``65,000'' in subsection (a)(4) and inserting 
        ``29 percent of such worldwide level'';
            (6) amending subsection (b) to read as follows:
    ``(b) Allocation for Priority-Worker Immigrants.--Visas shall be 
made available in a number not to exceed the worldwide level of 
priority-worker immigrants to qualified immigrants who are aliens 
described in any of the following paragraphs (1) through (4):
            ``(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 
        corporation 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.
            ``(4) Employer-sponsored workers with advanced degrees or 
        exceptional ability.--An alien is described in this paragraph 
        if--
                    ``(A) the alien holds an advanced degree or 
                possesses exceptional ability,
                    ``(B) the alien's services in the sciences, the 
                arts, a profession, or a business are sought by an 
                employer in the United States, and
                    ``(C) such services will substantially benefit 
                prospectively the national economy.'';
            (7) amending subsection (c) to read as follows:
    ``(c) Distribution of Visas.--Visas shall be made available to 
priority-worker 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.'';
            (8) striking ``(a), (b), or (c)'' in subsections (d), (f), 
        and (g) and inserting ``(a) or (b)''; and
            (9) amending subsection (e) to read as follows:
    ``(e) Visa Cut-Off for Family Sponsored Immigrants.--No visas shall 
be allotted to any alien subject to the worldwide level for backlogged 
family immigrants unless a petition on that alien's behalf for 
classification by reason of a relation described in any paragraph of 
subsection (a) was approved prior to October 1, 1994.''.
    (c) Section 204 of the Immigration and Nationality Act (8 U.S.C. 
1154) is amended--
            (1) in subsection (a)(1)(A) by striking ``the 
        classification by reason of a relationship described in 
        paragraph (1), (3), or (4) of section 203(a) or'';
            (2) by striking subparagraphs (B), (C), (D), (E), (F), and 
        (G) in subsection (a)(1) and inserting:
                    ``(B) any alien desiring to be classified under 
                section 203(b)(1), or any person on behalf of such an 
                alien, may file a petition with the Attorney General 
                for such classification, and
                    ``(C) any employer desiring and intending to employ 
                within the United States an alien entitled to 
                classification under section 203(b)(2), 203(b)(3), or 
                203(b)(4) may file a petition with the Attorney General 
                for such classification.'';
            (3) striking ``203(b)(2) or 203(b)(3)'' in subsection (b) 
        and inserting ``203(b)(4)'';
            (4) striking in subsection (e) ``subsection (a), (b), or 
        (c) of'';
            (5) striking in subsection (f)(1) ``, 203(a)(1), or 
        203(a)(3), as appropriate''; and
            (6) adding after subsection (g) the following:
    ``(h) Notwithstanding any other provision of this section, the 
Attorney General shall not approve after September 30, 1994, any 
petitions for classification by reason of a relationship described in 
any paragraph of section 203(a).''.

SEC. 102. REFUGEE REFORM.

    Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) 
is amended by--
            (1) 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.'',
            (2) adding after subsection (e) the following:
    ``(f) No person shall receive any preference or priority or be 
discriminated against in the determination of refugee status or in the 
admission of refugees because of the person's race, sex, religion, or 
nationality.''; and
            (3) Notwithstanding the limitation under section 207(a) of 
        the Immigration and Nationality Act, such limitation shall not 
        apply to refugee admissions under Public Law 89-732.

SEC. 103. ASYLUM REFORM.

    (a) Section 208 of the Immigration and Nationality Act (8 U.S.C. 
1158) is amended by--
            (1) striking ``irrespective of such alien's status,'' from 
        subsection (a) and inserting ``who is not excludable or 
        deportable'';
            (2) striking ``is a refugee within the meaning of section 
        101(a)(42)(A)'' and inserting ``departed the country of his 
        nationality or the country in which he last habitually resided 
        and is unable or unwilling to return because it is more likely 
        than not that his life or freedom will be threatened in that 
        country based upon his race, religion, nationality, or 
        political opinion''; and
            (3) adding after subsection (d) the following:
    ``(e) No person shall receive any preference or priority or be 
discriminated against in the granting or termination of asylum because 
of the person's race, sex, religion, or nationality.''.
    (b) Section 243(h) of the Immigration and Nationality Act (8 U.S.C. 
1253(h)) is amended by adding at the end the following new paragraph:
            ``(3) Paragraph (1) shall not apply to any proceeding that 
        did not commence with the alien's voluntary presentment of 
        himself for inspection, exclusion, or deportation unless the 
        threat to such alien's life or freedom arose subsequent to the 
        commencement of such proceeding.''.

SEC. 104. REPEAL OF TEMPORARY PROTECTED STATUS.

    (a) Section 244A of the Immigration and Nationality Act (8 U.S.C. 
1254a) is repealed.
    (b) An alien in the United States under temporary protected status 
on the date of enactment of this Act may continue such status until the 
earlier of--
            (1) the date on which such status is withdrawn or 
        terminated by the Attorney General, or
            (2) the date which is 180 days after the date of the 
        enactment of this Act.
    (c) Section 244 of the Immigration and Nationality Act (8 U.S.C. 
1254) is amended by adding at the end the following new subsection:
    ``(g) Except as specifically provided in this Act, the Attorney 
General may not authorize any alien who is excludable or deportable to 
remain in the United States or to engage in employment in the United 
States.''.

SEC. 105. PAROLE AUTHORITY.

    Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 
1182) is amended by adding at the end the following:
                    ``(C) The Attorney General may not parole groups or 
                classes of aliens into the United States. No alien 
                shall be paroled into the United States except on the 
                basis of the alien's individual circumstances.
                    ``(D) An alien who is paroled into the United 
                States may not be authorized to work in the United 
                States during the period of the alien's parole.
                    ``(E) The Attorney General shall maintain a record 
                of parolees. The number of aliens paroled into the 
                United States by the Attorney General, excluding those 
                released temporarily from custody while active 
                proceedings are pending against them under this Act, 
                shall not at any time exceed 5,000.''.

                        TITLE II--BORDER CONTROL

SEC. 201. BORDER PATROL PERSONNEL.

    (a) 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 1995, 6,900 in fiscal year 1996, 7,900 in fiscal 
year 1997, 8,900 in fiscal year 1998, and 9,900 in fiscal year 1999.
    (b) There is authorized to be appropriated for each of the fiscal 
years 1995, 1996, 1997, 1998, and 1999 such amounts as may be necessary 
to provide for the increase in positions provided by subsection (a) and 
for such support personnel as are necessary.

SEC. 202. BORDER CROSSING FEES.

    Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) 
is amended by adding at the end the following new subsection:
    ``(s) Land Border and Port of Entry User Fee Account.--
            ``(1) The Attorney General, after consultation with the 
        Secretary of State, shall impose at the time of a person's 
        entry into the United States by land or by sea a fee of $1 for 
        the person's use of border or port facilities and services of 
        the Immigration and Naturalization Service.
            ``(2) The Attorney General may--
                    ``(A) adjust the border crossing user fee 
                periodically to compensate for inflation and other 
                escalation in the cost of carrying out the purposes of 
                this Act; and
                    ``(B) develop and implement special discounted fee 
                programs for frequent border crossers including, but 
                not limited to, commuter coupon books or passes.
            ``(3) The fees collected under paragraph (1) shall be 
        deposited as offsetting receipts into a separate account 
        entitled the `Border Crossing Fee Account' in the Treasury of 
        the United States. In each calendar quarter the Secretary of 
        the Treasury shall refund out of the Border Crossing Fee 
        Account to any appropriation the amount paid out of such 
        appropriation during the preceding calendar quarter for 
        expenses incurred by the Attorney General 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, and to return excludable aliens and (2) 
        construction, maintenance, and operation of facilities to 
        expedite lawful border traffic.''.

                    TITLE III--INTERIOR ENFORCEMENT

SEC. 301. INVESTIGATIVE PERSONNEL.

    (a) The number of full-time investigator positions in the 
Immigration and Naturalization Service shall be increased above the 
number of such positions authorized as of October 31, 1994 by 500 in 
fiscal year 1995, by 1,000 in fiscal year 1996, by 1,500 in fiscal year 
1997, by 2,000 in fiscal year 1998, and by 2,500 in fiscal year 1999.
    (b) There is authorized to be appropriated for each of the fiscal 
years 1995, 1996, 1997, 1998, and 1999 such amounts as may be necessary 
to provide for the increase in positions provided by subsection (a) and 
for such support personnel as are necessary.

SEC. 302. COMMON-LAW SEARCHES RESTORED.

    Section 287 of the Immigration and Nationality Act is amended by 
striking subsection (e) and redesignating subsection (f) as subsection 
(e).

SEC. 303. DETENTION FACILITIES.

    Not later than January 1, 1995, the Secretary of Defense shall 
provide to the Attorney General a list of all military bases and 
installations within the United States which contain facilities that 
are (1) suitable for the detention of aliens by the Attorney General 
and (2) are closed, are scheduled to be closed, or otherwise are not 
being utilized for defense-related purposes and shall notify the 
Attorney General of any subsequent deletions from or additions to such 
list. Upon the request of the Attorney General, the Secretary of 
Defense shall make available to the Attorney General such facilities as 
the Attorney General shall identify from the list as needed for the 
detention of aliens and shall render to the Attorney General such 
assistance as the Attorney General may require to take possession of 
and operate such facilities.

SEC. 304. JURISDICTION OVER IMMIGRATION CASES.

    Section 1295(a) of title 28, United States Code is amended--
            (1) by striking ``and'' at the end of paragraph (13);
            (2) by striking the period at the end of paragraph (14) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (14) the following:
            ``(15) of an appeal from a final decision of a district 
        court of the United States of any case arising under the 
        Immigration and Nationality Act.''.

SEC. 305. ALIENS IN DEPORTATION.

    (a) Penalty for Unlawful Presence.--The Immigration and Nationality 
Act is amended by adding after section 276 the following new section:
    ``Sec. 276A. An alien whose presence in the United States is in 
violation of any provision of this Act when proceedings to deport the 
alien commence shall be subject to a civil penalty when a final order 
of deportation is made against the alien. The amount of the penalty 
shall be the greater of (1) the actual cost of deporting the alien, or 
(2) the estimate by the Commissioner of the average cost of deporting 
an alien that was last published in the Federal Register prior to the 
making of the final order of deportation. During each fiscal year the 
Commissioner shall cause to be published in the Federal Register an 
estimate of the average cost of deporting an alien during the preceding 
fiscal year. For purposes of this section, the cost of deporting an 
alien includes all direct and indirect costs of detection, 
apprehension, detention, processing, and transportation.''.
    (b) Seizure of Certain Property.--The Immigration and Nationality 
Act is amended by adding after section 242B:
    ``Sec. 242C. (a) If the Attorney General determines that an alien, 
found to be deportable, has at any time engaged in unauthorized 
employment or in any commercial enterprise during any period of 
unlawful presence in the United States or has received any Federal 
financial benefit to which such alien was not entitled, then all 
property real or personal, of the alien in the United States, wherever 
situated, shall be seized and subject to forfeiture, except that, in 
cases where such seizure and forfeiture would result in severe 
financial hardship of the alien or of any United States citizen or 
permanent resident alien that is the spouse, minor child, or parent of 
the alien, the Attorney General, the sole discretion of the Attorney 
General, may exempt from seizure and forfeiture an amount of property 
not exceeding $10,000.
    ``(b) Any property subject to seizure under this section may be 
seized without warrant if circumstances exist where a warrant is not 
constitutionally required.
    ``(c) All provisions of law relating to the seizure, summary and 
judicial forfeiture, and condemnation of property for the violation of 
the customs laws; the disposition of such property or the proceeds from 
the sale thereof; the remission or mitigation of such forfeitures; and 
the compromise of claims and the award of compensation to informers in 
respect of such forfeitures shall apply to seizures and forfeitures 
incurred, or alleged to have been incurred, under the provisions of 
this section, insofar as applicable and not inconsistent with the 
provisions hereof, except that duties imposed on customs officers or 
other persons regarding the seizure and forfeiture of property under 
the customs laws shall be performed with respect to seizures and 
forfeitures carried out under the provisions of this section by such 
officers or persons authorized for that purpose by the Attorney 
General.
    ``(d) Whenever property is forfeited under this section, the 
Attorney General may--
            ``(1) retain the property for official use;
            ``(2) sell the property, in which case the proceeds from 
        any such sale shall be used to pay all proper expenses of the 
        proceedings for forfeiture and sale including expenses of 
        seizure, maintenance of custody, advertising, and courts costs; 
        and
            ``(3) deposit any moneys or proceeds from the sale of 
        seized property not used to pay expenses in accordance with 
        paragraph (2) to the Penalties and Confiscation Account.
    ``(e) In all suits or actions brought for the forfeiture of any 
property of an alien seized under this section, where an interest in 
such property is claimed by any person other than such alien, the 
burden of proof shall lie upon such claimant, except that probable 
cause shall be first shown for the institution of such suit or 
action.''.

SEC. 306. IMMIGRATION PENALTIES AND CONFISCATIONS.

    Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) 
is amended--
            (1) in subsection (b)(1) by striking subparagraph ``(A)'' 
        and in subparagraph (B) by striking subparagraph ``(B)''.
            (2) by amending subsection (r) to read as follows:
    ``(r) Penalties and Confiscations Account.--
            ``(1) Notwithstanding any other provision of law, all 
        breached cash and surety bonds that are posted under this 
        chapter and are recovered, all civil fines or penalties 
        collected pursuant to this Act, and all money confiscated, and 
        all proceeds from the sale of property confiscated, pursuant to 
        this Act, shall be deposited as offsetting receipts into a 
        separate account entitled ``Penalties and Confiscations 
        Account'' in the Treasury of the United States.
            ``(2) Each calendar quarter the Secretary of the Treasury 
        shall refund out of the Penalties and Confiscations Account to 
        any appropriation the amount paid out of such appropriation 
        during the preceding calendar quarter for expenses incurred by 
        the Attorney General in the detection, apprehension, detention, 
        and deportation of aliens who are unlawfully present in the 
        United States.''.

SEC. 307. COMMUNICATIONS.

    Notwithstanding any other provision of law, no agency, officer, or 
employee of the United States shall be prohibited or in any way 
restricted from communicating with the Immigration and Naturalization 
Service regarding the immigration status of an alien.

SEC. 308. VOLUNTARY DEPARTURE.

    Section 244 of the Immigration and Nationality Act (8 U.S.C. 1254) 
is amended--
            (1) in subsection (e) by adding at the end the following:
            ``(3) When granting permission to depart voluntarily under 
        the authority contained in paragraph (1), the Attorney General 
        shall inform the alien of the date and year, not more than 6 
        months from the date on which such permission is communicated, 
        by which such departure must be accomplished. No postponement 
        of the initially prescribed departure date may be granted'';
            (2) in subsection (f) striking ``; or'' at the end of 
        paragraph (2) and inserting a semicolon
            (3) in paragraph (3) by striking the period at the end and 
        inserting ``; or''; and
            (4) by adding after paragraph (3) the following:
            ``(4) was permitted by the Attorney General to depart 
        voluntarily under subsection (e)(1) and did not depart by the 
        date prescribed in accordance with subsection (e)(3).''.

                       TITLE IV--DOCUMENT REFORM

SEC. 401. SECURE WORK ELIGIBILITY DOCUMENTS.

    (a) Examination of Documents.--Effective January 1, 1996, 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 the following:
                    ``(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 
                        subparagraph (B) in the case of an individual 
                        claiming to be a United States citizen or 
                        United States national;
                            ``(ii) examining the document described in 
                        subparagraph (C) in the case of an individual 
                        not claiming to be a United States citizen or a 
                        United States national; and
                            ``(iii) reporting the individual's Social 
                        Security account number to the Social Security 
                        Administration through the electronic 
                        verification system established pursuant to 
                        section 402 of the Immigration Reduction Act of 
                        1994.
                    ``(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 401(c) of the Immigration Reduction Act of 
                1994.
                    ``(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 401(b) of the Immigration Reduction 
                Act of 1994.''.
    (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, 1995, and, upon 
        application, to any alien who acquired lawful permanent 
        residence before July 1, 1995, 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, place 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 and such other 
                information as may serve to prevent counterfeiting or 
                other misuse of 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, 1995, 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 3 calendar years after the date of issuance, and
                    (F) incorporate a machine-readable encoding of the 
                information displayed on the card and such other 
                information as may serve to prevent counterfeiting or 
                other misuse of the card.
    (c) Improvement of Social Security Cards.--
            (1) Issuance of enhanced card for citizens.--The Secretary 
        shall cause to be issued enhanced Social Security account 
        number cards to United States citizens and United States 
        nationals who are 16 years of age or older upon application, 
        proof of identity, proof of citizenship or nationality, and 
        payment of a reasonable fee.
            (2) Issuance of enhanced card for aliens.--The Secretary 
        shall cause to be issued enhanced Social Security account 
        number cards to aliens lawfully admitted for permanent 
        residence or who are otherwise authorized to work in the United 
        States and who are 16 years of age or older upon application, 
        proof of identity, verification of status by the Immigration 
        and Naturalization Service, and payment of a reasonable fee.
            (3) Requirements of new cards.--
                    (A) The cards issued pursuant to paragraphs (1) and 
                (2) shall--
                            (i) be uniform in appearance,
                            (ii) be as tamper-proof and counterfeit-
                        resistant as is practicable,
                            (iii) contain a photograph and such other 
                        identifying information that is specific to 
                        each person as the Secretary shall determine,
                            (iv) contain the name, sex, date of birth, 
                        citizenship status, and Social Security account 
                        number of the issuee, and
                            (v) incorporate a machine-readable encoding 
                        of the information contained in the card.
                    (B) The cards issued pursuant to paragraph (2) to 
                aliens who are not permanent resident aliens shall 
                indicate whether the work authorization granted to the 
                alien has an expiration date.
            (4) Secretary defined.--For purposes of this subsection, 
        the 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, not exceeding $50, 
required to cover the costs of issuing the card (rounded to the nearest 
whole dollar).
    (e) No Other Cards.--No Social Security account number card or 
alien identification card shall be issued after June 30, 1995, 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) ``place of birth'' means, for an individual--
                    (A) born in a State, the 2-letter symbol used by 
                the United States Postal Service to identify that 
                State, or
                    (B) not born in a State, such 2-letter symbol as 
                the Secretary shall determine by regulations;
            (2) ``State'' means one of the United States, the District 
        of Columbia, Puerto Rico, the United States Virgin Islands, or 
        Guam.

SEC. 402. ELECTRONIC VERIFICATION.

    (a) Social Security Database.--By September 30, 1995, the Secretary 
of Health and Human Services shall make such modifications to the 
Social Security account number data base (NUMIDENT) as are practicable 
and as enable confirmation through the electronic 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 not authorized to work in the United States, or
            (2) 60 days after a copy of the application and supporting 
        documentation has been delivered to the Attorney General.
    (d) Electronic Verification System.--Before January 1, 1996, the 
Secretary of Health and Human Services shall test and place in 
operation a system whereby an employer can report by touch-tone 
telephone or point-of-service device 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 $2.00 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 2 years, and shall accommodate 
devices that read the encoding incorporated by a card issued under 
section 401(b) or 401(c).
    (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. 403. UNIFORM VITAL STATISTICS.

    The Secretary of Health and Human Services shall consult with the 
State agencies 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.

SEC. 404. EMPLOYMENT AUTHORIZATION.

    Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended--
            (1) in subsection (h)(3), by striking ``or by the Attorney 
        General''; and
            (2) by adding the following sentence at the end of 
        subsection (h)(3): ``The Attorney General shall not authorize 
        any alien who has not lawfully immigrated to the United States 
        to be employed in the United States or to carry on any trade or 
        business within the United States unless (A) the alien has a 
        lawfully obtained visa for a nonimmigrant status that 
        explicitly contemplates such performance of services or such 
        carrying on of a trade or business within the United States, or 
        (B) such authorization is explicitly permitted by this Act.''.

               TITLE V--STATE AND LOCAL RESPONSIBILITIES

SEC. 501. LOCAL COOPERATION.

    If the Attorney General certifies that any State or local 
government or agency, or any elected or appointed officer or employee 
thereof in the exercise of the individual's official duties, has 
announced or practiced a policy of refusing to cooperate with Federal 
immigration authorities with respect to the identification, location, 
arrest, prosecution, detention, or deportation of an alien or aliens 
who are not lawfully present in the United States or a policy of 
disregarding any Federal law or regulation relating to the denial of 
benefits to any class of aliens, then, from the date that such 
certification is published in the Federal Register until the date that 
the Attorney General certifies that the policy has been retracted, that 
State or local government or agency will not be eligible for any 
Federal funds or assistance relating to law enforcement, education, 
public health, transportation, or public works.

SEC. 502. NOTIFICATION OF ALIEN ARREST.

    Whenever a law enforcement agency of any State or subdivision 
thereof that receives Federal funds arrests an alien for the commission 
of a crime, that agency shall promptly provide notice of the alien's 
identity and the circumstances of his arrest to the District Director 
of the Immigration and Naturalization Service for the district in which 
the alien is being held or, if the alien is not being held, for the 
district in which the alien was arrested.

SEC. 503. IMMIGRATION-RELATED COMMUNICATIONS.

    (a) Freedom of Communication.--Notwithstanding any other provision 
of law, no State or local government or agency or employee thereof 
shall be prohibited or prevented in any way from communicating with the 
Immigration and Naturalization Service regarding the immigration status 
of an alien.
    (b) Confidentiality of Communications.--
            (1) Any officer or employee of the United States, who by 
        virtue of his employment or official position receives or 
        learns of a communication described in subsection (a), is 
        prohibited from disclosing to any person who is not an employee 
        or officer of the United States information about an individual 
        that was included in such communication other than pursuant to 
        the administration and enforcement of the (A) Immigration and 
        Nationality Act and other laws of the United States regulating 
        the admission, presence, and departure of aliens, and (B) any 
        criminal law of the United States or of the several States.
            (2) Any officer or employee of the United States who 
        knowingly makes a disclosure prohibited by this subsection 
        shall be guilty of a misdemeanor and fined not more than $1,000 
        per disclosure.

SEC. 504. LAW ENFORCEMENT ASSISTANCE.

    (a) Section 3041 of title 18, United States Code, is amended by 
adding after the first comma in the first sentence ``including entry 
into, or presence within, the United States in violation of any United 
States law regulating immigration,''.
    (b) Section 103 of the Immigration and Nationality Act (8 U.S.C. 
1103) is amended by adding at the end the following new subsection:
    ``(e)(1) The Attorney General may deputize any law enforcement 
officer of any State or of any political subdivision of any State to 
seek, apprehend, detain, and commit to the custody of an officer of the 
Department of Justice aliens who have violated or are reasonably 
suspected to have violated the provisions of this Act and to conduct 
investigations with respect to any such violations or suspected 
violations, if--
            ``(1) actions pursuant to such deputization are subject to 
        the direction and supervision of an officer of the Department 
        of Justice;
            ``(2) the duration of any such deputization is not more 
        than 2 years, subject to extensions or renewals at the 
        discretion of the Attorney General which shall not exceed 2 
        years;
            ``(3) any deputization, its duration, an identification of 
        the supervising officer of the Department of Justice, and the 
        specific powers, privileges, and duties to be performed or 
        exercised are set forth in writing; and
            ``(4) the Governor of the State, or the chief elected or 
        appointed official of a political subdivision (as may be 
        appropriate) consents to the deputization.
    ``(2) No deputization under this subsection shall entitle any 
State, political subdivision, or individual to any compensation or 
reimbursement from the United States, except where the amount thereof 
and the entitlement thereto are set forth in the written deputization 
or where otherwise explicitly provided by law.''.

                    TITLE VI--PUBLIC BENEFITS ABUSE

SEC. 601. PROHIBITION OF BENEFITS TO CERTAIN ALIENS.

    (a) Federal Benefits.--Notwithstanding any other provision of law, 
no direct Federal financial benefit or social insurance benefit may be 
provided to any alien.
    (b) Exceptions.--The prohibition of subsection (a) shall not apply 
to--
            (1) medical treatment of children;
            (2) medical treatment of adults for conditions that, if not 
        treated promptly, would endanger the alien's life, leave the 
        alien in severe pain, result in the alien's prolonged physical 
        disability, or pose a serious public health risk; or
            (3) educational benefits for alien children at any time 
        after their admission as permanent residents, parolees, 
        asylees, or refugees.
    (c) Unemployment Benefits.--No alien shall be eligible for 
unemployment compensation under an unemployment compensation law of the 
United States or any State.

SEC. 602. EXCLUSION OF ALIENS LIKELY TO BECOME PUBLIC CHARGES.

    Section 212(a) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)) 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, the alien has assets, 
        education, skills, or a combination thereof that make it very 
        unlikely that the alien 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. 603. FINANCIAL RESPONSIBILITY OF IMMIGRANT SPONSORS.

    Section 213 of the Immigration and Nationality Act (8 U.S.C. 1183) 
is amended to read as follows:

``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 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.
    ``(b) A guarantee of financial responsibility in subsection (a) 
shall 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 become 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 10-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 preclude the alien's need for means-tested 
public assistance.
    ``(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, 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, or by any citizen of the United States in accordance with 
section 704 of the Immigration Reduction Act of 1994.
    ``(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.''.

SEC. 604. MEANS-TESTED BENEFITS.

    Notwithstanding any other provision of Federal law, the income and 
assets of an immigrant's sponsor shall be considered the income and 
assets of the immigrant for purposes of determining the Federal benefit 
that is based upon income or assets of the beneficiary.

                  TITLE VII--STRENGTHENING CITIZENSHIP

SEC. 701. CONSTITUTIONAL CITIZENSHIP.

    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 Act 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 birth within the United 
States.

SEC. 702. CONSTITUTIONAL VOTING PRIVILEGE.

    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 misdemeanor 
punishable by a fine of not more than $1,000 and/or imprisonment of not 
more than 30 days 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.

SEC. 703. NATURALIZATION.

    (a) Requirements for Non-Elderly Aliens.--Section 312 of the 
Immigration and Nationality Act (8 U.S.C. 1423) is amended by--
            (1) striking all that follows ``this Act,'' in paragraph 
        (1) and inserting ``is over 65 years of age and has been living 
        in the United States for periods totaling at least 20 years 
        subsequent to a lawful admission for permanent residence.'';
            (2) striking ``and'' after ``applicant;'' in paragraph (1);
            (3) striking ``the period'' after ``United States'' in 
        subsection (2) and inserting ``; and''; and
            (4) adding the following sentence after paragraph (2): 
        ``The demonstration required by this section shall be made in 
        the physical presence of an employee of the Immigration and 
        Naturalization Service.''.
    (b) Good Moral Character Requirement.--Section 316 of the 
Immigration and Nationality Act (8 U.S.C. 1427) is amended by adding 
the following sentence at the end of subsection (a): ``Action by the 
alien to commit a fraud upon the Immigration and Naturalization Service 
in connection with his own admission or to aid or abet the commission 
of such a fraud by any other alien shall be considered conclusive 
evidence that the alien lacks good moral character.''.

SEC. 704. LEGAL ACTIONS BY STATE AND LOCAL GOVERNMENTS.

    (a) Actions by States and Their Political Subdivisions.--The 
Immigration and Nationality Act is amended by adding the following new 
section after section 293 (8 U.S.C. 1363):

``SEC. 294. ACTIONS BASED ON IMMIGRATION LAW VIOLATIONS.

    ``(a) Actions Against the United States.--The Governor or Attorney 
General of any State may commence a civil suit on behalf of the State 
and any of its political subdivisions against the head of any agency of 
the Federal Government upon an allegation that the number of aliens 
entering or residing in the State in violation of this Act has 
increased, is increasing, or is likely to increase by reason of (1) a 
failure of such agency to perform within a reasonable time any 
nondiscretionary act or duty under an immigration-related law, (2) a 
policy of such agency to authorize, encourage, or enable one or more 
classes of excludable or deportable aliens to remain within the United 
States or be employed within the United States, or (3) a policy of such 
agency of releasing from the custody of the United States excludable or 
deportable aliens without effective provision for their prompt 
departure or return to custody. Any such action shall be brought in a 
United States district court for a district that is wholly or partly 
within the State bringing the suit or in the United States District 
Court for the District of Columbia. The district court shall have 
jurisdiction to order the head of any agency of the United States to 
perform any act or duty required by an immigration-related law. If the 
court finds that the actions or policies of the department or agency 
were in willful and prolonged disregard of any immigration-related law, 
the court may order the United States to reimburse the State or any of 
its political subdivisions for the direct costs to the State or the 
political subdivision attributable to such actions.
    ``(b) Litigation Costs.--If an action under this section is against 
a party other than a department or agency of the United States, the 
court may award the costs of litigation (including reasonable attorney 
and expert witness fees) to the prevailing party, whenever the court 
determines such an award is appropriate.
    ``(c) Definition.--For purposes of this section, the term 
`immigration-related law' means this Act any any federal law that 
limits or prohibits the provision of financial assistance to ineligible 
aliens or the expenditure of funds for the benefit of ineligible 
aliens.''.

           TITLE VIII--IMMIGRATION AND NATURALIZATION SERVICE

SEC. 801. ESTABLISHMENT OF INDEPENDENT AGENCY.

    For the purposes of maintaining order in the admission and 
departure of aliens, of protecting American workers from unfair 
competition with alien workers, and of protecting the general public 
from crime, terrorism, abuse of public benefits and facilities, 
environmental degradation, and other adverse consequences of 
uncontrolled entry of person or property across the borders of the 
United States, the Immigration and Naturalization Service is 
established as an agency of the United States Government outside of the 
Department of Justice. The Immigration and Naturalization Service shall 
execute and enforce the provisions of the Immigration and Nationality 
Act. The funds, property, and personnel of the Immigration and 
Naturalization Service of the Department of Justice are transferred to 
the Immigration and Naturalization Service that is established by this 
section.

SEC. 802. CONFORMING AMENDMENTS.

    (a) The Immigration and Nationality Act is amended--
            (1) by striking ``of the Department of Justice'' in section 
        101(a)(34);
            (2) by striking ``which are conferred upon the Attorney 
        General as may be delegated to him by the Attorney General or 
        which may be prescribed by the Attorney General'' in section 
        103(b); and
            (3) by striking ``Attorney General'' from all sections of 
        the Act except section 101(a)(5) and inserting 
        ``Commissioner''.
    (b) Sections 1551 and 1552 of title 8, United States Code, are 
repealed.
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