I

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.

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 ‘‘Immigration Reduction

5 Act of 1994’’.

6 SEC. 2. TABLE OF CONTENTS.

7 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
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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 Temporary protected status repealed.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.
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1 SEC. 3. EFFECTIVE DATE.

2 Except where otherwise specifically provided, the pro3 visions of this Act are effective October 1, 1994.

4 TITLE I—IMMIGRANTS AND

5 REFUGEES

6 SEC. 101. IMMIGRATION LEVELS.

7 (a) Section 201 of the Immigration and Nationality

8 Act (8 U.S.C. 1151) is amended by—

9 (1) inserting ‘‘backlogged’’ before ‘‘family-spon10 sored immigrants’’ and inserting ‘‘and’’ after ‘‘fiscal

11 year;’’ in subsection (a)(1);

12 (2) striking ‘‘employment-based’’ in subsection

13 (a)(2) and inserting ‘‘priority-worker’’;

14 (3) striking ‘‘year; and’’ in subsection (a)(2)

15 and inserting ‘‘year.’’;

16 (4) striking subsection (a)(3);

17 (5) amending subsection (c) to read as follows:

18 ‘‘(c) WORLDWIDE LEVEL OF BACKLOGGED FAMILY19 SPONSORED IMMIGRANTS.—The worldwide level of back20 logged family-sponsored immigrants under this subsection

21 for a fiscal year is equal to—

22 ‘‘(1) 320,000, minus

23 ‘‘(2) the sum of—

24 ‘‘(A) the number of immediate relatives de25 scribed in section 201(b)(2) and priority work26 ers described in section 203(b) who were issued
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1 immigrant visas or who otherwise acquired the

2 status of aliens lawfully admitted to the United

3 States for permanent residence in the previous

4 fiscal year, and

5 ‘‘(B) the number of refugees admitted

6 under section 207 in the preceding fiscal year.’’;

7 (6) amending subsection (d) to read as follows:

8 ‘‘(d) The worldwide level of priority-worker immi9 grants under this subsection for a fiscal year is 25,000.’’;

10 and

11 (7) striking subsection (e).

12 (b) Section 203 of the Immigration and Nationality

13 Act (8 U.S.C. 1153) is amended by—

14 (1) inserting ‘‘BACKLOGGED’’ before ‘‘FAMILY15 SPONSORED’’ and ‘‘backlogged’’ before ‘‘family-spon16 sored’’ in subsection (a);

17 (2) striking ‘‘23,400’’ in subsection (a)(1) and

18 inserting ‘‘10 percent of such worldwide level’’;

19 (3) striking ‘‘114,200, plus the number (if any)

20 by which such worldwide level exceeds 226,000’’ in

21 subsection (a)(2) and inserting ‘‘51 percent of such

22 worldwide level’’;

23 (4) striking ‘‘23,400’’ in subsection (a)(3) and

24 inserting ‘‘10 percent of such worldwide level’’;
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1 (5) striking ‘‘65,000’’ in subsection (a)(4) and

2 inserting ‘‘29 percent of such worldwide level’’;

3 (6) amending subsection (b) to read as follows:

4 ‘‘(b) ALLOCATION FOR PRIORITY-WORKER IMMI5 GRANTS.—Visas shall be made available in a number not

6 to exceed the worldwide level of priority-worker immi7 grants to qualified immigrants who are aliens described

8 in any of the following paragraphs (1) through (4):

9 ‘‘(1) ALIENS WITH EXTRAORDINARY ABILITY.—

10 An alien is described in this paragraph if—

11 ‘‘(A) the alien has extraordinary ability in

12 the sciences, arts, education, business, or ath13 letics which has been demonstrated by sus14 tained national or international acclaim and

15 whose achievements have been recognized in the

16 field through extensive documentation,

17 ‘‘(B) the alien seeks to enter the United

18 States to continue work in the area of extraor19 dinary ability, and

20 ‘‘(C) the alien’s entry into the United

21 States will substantially benefit prospectively

22 the United States.

23 ‘‘(2) OUTSTANDING PROFESSORS AND RE24 SEARCHERS.—An alien is described in this para25 graph if—
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1 ‘‘(A) the alien is recognized internationally

2 as outstanding in a specific academic area,

3 ‘‘(B) the alien has at least 3 years of expe4 rience in teaching or research in the academic

5 area, and

6 ‘‘(C) the alien seeks to enter the United

7 States—

8 ‘‘(i) for a tenured position (or tenure9 track position) within a university or insti10 tution of higher education to teach in the

11 academic area,

12 ‘‘(ii) for a comparable position with a

13 university or institution of higher edu14 cation to conduct research in the area, or

15 ‘‘(iii) for a comparable position to

16 conduct research in the area with a depart17 ment, division, or institute of a private em18 ployer, if the department, division, or insti19 tute employs at least 3 persons full-time in

20 research activities and has achieved docu21 mented accomplishments in an academic

22 field.

23 ‘‘(3) CERTAIN MULTINATIONAL EXECUTIVES

24 AND MANAGERS.—An alien is described in this para25 graph if the alien, in the 3 years preceding the time
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1 of the alien’s application for classification and ad2 mission into the United States under this paragraph,

3 has been employed for at least 1 year by a firm or

4 corporation or other legal entity or an affiliate or

5 subsidiary thereof and the alien seeks to enter the

6 United States in order to continue to render services

7 to the same employer or to a subsidiary or affiliate

8 thereof in a capacity that is managerial or executive.

9 ‘‘(4) EMPLOYER-SPONSORED WORKERS WITH

10 ADVANCED DEGREES OR EXCEPTIONAL ABILITY.—

11 An alien is described in this paragraph if—

12 ‘‘(A) the alien holds an advanced degree or

13 possesses exceptional ability,

14 ‘‘(B) the alien’s services in the sciences,

15 the arts, a profession, or a business are sought

16 by an employer in the United States, and

17 ‘‘(C) such services will substantially benefit

18 prospectively the national economy.’’;

19 (7) amending subsection (c) to read as follows:

20 ‘‘(c) DISTRIBUTION OF VISAS.—Visas shall be made

21 available to priority-worker immigrants in the order in

22 which a petition on behalf of each such immigrant is filed

23 with the Attorney General, and waiting lists of applicants

24 for visas shall be maintained in accordance with regula25 tions prescribed by the Secretary of State.’’;
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1 (8) striking ‘‘(a), (b), or (c)’’ in subsections (d),

2 (f), and (g) and inserting ‘‘(a) or (b)’’; and

3 (9) amending subsection (e) to read as follows:

4 ‘‘(e) VISA CUT-OFF FOR FAMILY SPONSORED IMMI5 GRANTS.—No visas shall be allotted to any alien subject

6 to the worldwide level for backlogged family immigrants

7 unless a petition on that alien’s behalf for classification

8 by reason of a relation described in any paragraph of sub9 section (a) was approved prior to October 1, 1994.’’.

10 (c) Section 204 of the Immigration and Nationality

11 Act (8 U.S.C. 1154) is amended—

12 (1) in subsection (a)(1)(A) by striking ‘‘the

13 classification by reason of a relationship described in

14 paragraph (1), (3), or (4) of section 203(a) or’’;

15 (2) by striking subparagraphs (B), (C), (D),

16 (E), (F), and (G) in subsection (a)(1) and inserting:

17 ‘‘(B) any alien desiring to be classified

18 under section 203(b)(1), or any person on be19 half of such an alien, may file a petition with

20 the Attorney General for such classification,

21 and

22 ‘‘(C) any employer desiring and intending

23 to employ within the United States an alien en24 titled to classification under section 203(b)(2),
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1 203(b)(3), or 203(b)(4) may file a petition with

2 the Attorney General for such classification.’’;

3 (3) striking ‘‘203(b)(2) or 203(b)(3)’’ in sub4 section (b) and inserting ‘‘203(b)(4)’’;

5 (4) striking in subsection (e) ‘‘subsection (a),

6 (b), or (c) of’’;

7 (5) striking in subsection (f)(1) ‘‘, 203(a)(1), or

8 203(a)(3), as appropriate’’; and

9 (6) adding after subsection (g) the following:

10 ‘‘(h) Notwithstanding any other provision of this sec11 tion, the Attorney General shall not approve after Septem12 ber 30, 1994, any petitions for classification by reason of

13 a relationship described in any paragraph of section

14 203(a).’’.

15 SEC. 102. REFUGEE REFORM.

16 Section 207 of the Immigration and Nationality Act

17 (8 U.S.C. 1157) is amended by—

18 (1) striking subsection (a) and inserting:

19 ‘‘(a) Except as provided in subsection (b), the number

20 of refugees who may be admitted under this section in any

21 fiscal year may not exceed 50,000. Admissions under this

22 subsection shall be allocated by the President among refu23 gees of special humanitarian concern to the United

24 States.’’,

25 (2) adding after subsection (e) the following:
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1 ‘‘(f) No person shall receive any preference or priority

2 or be discriminated against in the determination of refu3 gee status or in the admission of refugees because of the

4 person’s race, sex, religion, or nationality.’’; and

5 (3) Notwithstanding the limitation under sec6 tion 207(a) of the Immigration and Nationality Act,

7 such limitation shall not apply to refugee admissions

8 under Public Law 89–732.

9 SEC. 103. ASYLUM REFORM.

10 (a) Section 208 of the Immigration and Nationality

11 Act (8 U.S.C. 1158) is amended by—

12 (1) striking ‘‘irrespective of such alien’s sta13 tus,’’ from subsection (a) and inserting ‘‘who is not

14 excludable or deportable’’;

15 (2) striking ‘‘is a refugee within the meaning of

16 section 101(a)(42)(A)’’ and inserting ‘‘departed the

17 country of his nationality or the country in which he

18 last habitually resided and is unable or unwilling to

19 return because it is more likely than not that his life

20 or freedom will be threatened in that country based

21 upon his race, religion, nationality, or political opin22 ion’’; and

23 (3) adding after subsection (d) the following:

24 ‘‘(e) No person shall receive any preference or prior25 ity or be discriminated against in the granting or termi-
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1 nation of asylum because of the person’s race, sex, reli2 gion, or nationality.’’.

3 (b) Section 243(h) of the Immigration and National4 ity Act (8 U.S.C. 1253(h)) is amended by adding at the

5 end the following new paragraph:

6 ‘‘(3) Paragraph (1) shall not apply to any pro7 ceeding that did not commence with the alien’s vol8 untary presentment of himself for inspection, exclu9 sion, or deportation unless the threat to such alien’s

10 life or freedom arose subsequent to the commence11 ment of such proceeding.’’.

12 SEC. 104. REPEAL OF TEMPORARY PROTECTED STATUS.

13 (a) Section 244A of the Immigration and Nationality

14 Act (8 U.S.C. 1254a) is repealed.

15 (b) An alien in the United States under temporary

16 protected status on the date of enactment of this Act may

17 continue such status until the earlier of—

18 (1) the date on which such status is withdrawn

19 or terminated by the Attorney General, or

20 (2) the date which is 180 days after the date

21 of the enactment of this Act.

22 (c) Section 244 of the Immigration and Nationality

23 Act (8 U.S.C. 1254) is amended by adding at the end the

24 following new subsection:
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1 ‘‘(g) Except as specifically provided in this Act, the

2 Attorney General may not authorize any alien who is ex3 cludable or deportable to remain in the United States or

4 to engage in employment in the United States.’’.

5 SEC. 105. PAROLE AUTHORITY.

6 Section 212(d)(5) of the Immigration and Nationality

7 Act (8 U.S.C. 1182) is amended by adding at the end the

8 following:

9 ‘‘(C) The Attorney General may not parole

10 groups or classes of aliens into the United

11 States. No alien shall be paroled into the Unit12 ed States except on the basis of the alien’s indi13 vidual circumstances.

14 ‘‘(D) An alien who is paroled into the

15 United States may not be authorized to work in

16 the United States during the period of the

17 alien’s parole.

18 ‘‘(E) The Attorney General shall maintain

19 a record of parolees. The number of aliens pa20 roled into the United States by the Attorney

21 General, excluding those released temporarily

22 from custody while active proceedings are pend23 ing against them under this Act, shall not at

24 any time exceed 5,000.’’.
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1 TITLE II—BORDER CONTROL

2 SEC. 201. BORDER PATROL PERSONNEL.

3 (a) The number of full-time officer positions in the

4 border patrol of the Immigration and Naturalization Serv5 ice shall be increased to 5,900 in fiscal year 1995, 6,900

6 in fiscal year 1996, 7,900 in fiscal year 1997, 8,900 in

7 fiscal year 1998, and 9,900 in fiscal year 1999.

8 (b) There is authorized to be appropriated for each

9 of the fiscal years 1995, 1996, 1997, 1998, and 1999 such

10 amounts as may be necessary to provide for the increase

11 in positions provided by subsection (a) and for such sup12 port personnel as are necessary.

13 SEC. 202. BORDER CROSSING FEES.

14 Section 286 of the Immigration and Nationality Act

15 (8 U.S.C. 1356) is amended by adding at the end the fol16 lowing new subsection:

17 ‘‘(s) LAND BORDER AND PORT OF ENTRY USER FEE

18 ACCOUNT.—

19 ‘‘(1) The Attorney General, after consultation

20 with the Secretary of State, shall impose at the time

21 of a person’s entry into the United States by land

22 or by sea a fee of $1 for the person’s use of border

23 or port facilities and services of the Immigration and

24 Naturalization Service.

25 ‘‘(2) The Attorney General may—
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1 ‘‘(A) adjust the border crossing user fee

2 periodically to compensate for inflation and

3 other escalation in the cost of carrying out the

4 purposes of this Act; and

5 ‘‘(B) develop and implement special dis6 counted fee programs for frequent border cross7 ers including, but not limited to, commuter cou8 pon books or passes.

9 ‘‘(3) The fees collected under paragraph (1)

10 shall be deposited as offsetting receipts into a sepa11 rate account entitled the ‘Border Crossing Fee Ac12 count’ in the Treasury of the United States. In each

13 calendar quarter the Secretary of the Treasury shall

14 refund out of the Border Crossing Fee Account to

15 any appropriation the amount paid out of such ap16 propriation during the preceding calendar quarter

17 for expenses incurred by the Attorney General on

18 (1) measures, personnel, structures, and devices to

19 deter and prevent illegal entry of persons and con20 traband into the United States by land or by sea,

21 and to return excludable aliens and (2) construction,

22 maintenance, and operation of facilities to expedite

23 lawful border traffic.’’.
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1 TITLE III—INTERIOR

2 ENFORCEMENT

3 SEC. 301. INVESTIGATIVE PERSONNEL.

4 (a) The number of full-time investigator positions in

5 the Immigration and Naturalization Service shall be in6 creased above the number of such positions authorized as

7 of October 31, 1994 by 500 in fiscal year 1995, by 1,000

8 in fiscal year 1996, by 1,500 in fiscal year 1997, by 2,000

9 in fiscal year 1998, and by 2,500 in fiscal year 1999.

10 (b) There is authorized to be appropriated for each

11 of the fiscal years 1995, 1996, 1997, 1998, and 1999 such

12 amounts as may be necessary to provide for the increase

13 in positions provided by subsection (a) and for such sup14 port personnel as are necessary.

15 SEC. 302. COMMON-LAW SEARCHES RESTORED.

16 Section 287 of the Immigration and Nationality Act

17 is amended by striking subsection (e) and redesignating

18 subsection (f) as subsection (e).

19 SEC. 303. DETENTION FACILITIES.

20 Not later than January 1, 1995, the Secretary of De21 fense shall provide to the Attorney General a list of all

22 military bases and installations within the United States

23 which contain facilities that are (1) suitable for the deten24 tion of aliens by the Attorney General and (2) are closed,

25 are scheduled to be closed, or otherwise are not being uti-
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1 lized for defense-related purposes and shall notify the At2 torney General of any subsequent deletions from or addi3 tions to such list. Upon the request of the Attorney Gen4 eral, the Secretary of Defense shall make available to the

5 Attorney General such facilities as the Attorney General

6 shall identify from the list as needed for the detention of

7 aliens and shall render to the Attorney General such as8 sistance as the Attorney General may require to take pos9 session of and operate such facilities.

10 SEC. 304. JURISDICTION OVER IMMIGRATION CASES.

11 Section 1295(a) of title 28, United States Code is

12 amended—

13 (1) by striking ‘‘and’’ at the end of paragraph

14 (13);

15 (2) by striking the period at the end of para16 graph (14) and inserting ‘‘; and’’; and

17 (3) by inserting after paragraph (14) the fol18 lowing:

19 ‘‘(15) of an appeal from a final decision of a

20 district court of the United States of any case aris21 ing under the Immigration and Nationality Act.’’.

22 SEC. 305. ALIENS IN DEPORTATION.

23 (a) PENALTY FOR UNLAWFUL PRESENCE.—The Im24 migration and Nationality Act is amended by adding after

25 section 276 the following new section:
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1 ‘‘SEC. 276A. An alien whose presence in the United

2 States is in violation of any provision of this Act when

3 proceedings to deport the alien commence shall be subject

4 to a civil penalty when a final order of deportation is made

5 against the alien. The amount of the penalty shall be the

6 greater of (1) the actual cost of deporting the alien, or

7 (2) the estimate by the Commissioner of the average cost

8 of deporting an alien that was last published in the Fed9 eral Register prior to the making of the final order of de10 portation. During each fiscal year the Commissioner shall

11 cause to be published in the Federal Register an estimate

12 of the average cost of deporting an alien during the pre13 ceding fiscal year. For purposes of this section, the cost

14 of deporting an alien includes all direct and indirect costs

15 of detection, apprehension, detention, processing, and

16 transportation.’’.

17 (b) SEIZURE OF CERTAIN PROPERTY.—The Immi18 gration and Nationality Act is amended by adding after

19 section 242B:

20 ‘‘SEC. 242C. (a) If the Attorney General determines

21 that an alien, found to be deportable, has at any time en22 gaged in unauthorized employment or in any commercial

23 enterprise during any period of unlawful presence in the

24 United States or has received any Federal financial benefit

25 to which such alien was not entitled, then all property real
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1 or personal, of the alien in the United States, wherever

2 situated, shall be seized and subject to forfeiture, except

3 that, in cases where such seizure and forfeiture would re4 sult in severe financial hardship of the alien or of any

5 United States citizen or permanent resident alien that is

6 the spouse, minor child, or parent of the alien, the Attor7 ney General, the sole discretion of the Attorney General,

8 may exempt from seizure and forfeiture an amount of

9 property not exceeding $10,000.

10 ‘‘(b) Any property subject to seizure under this sec11 tion may be seized without warrant if circumstances exist

12 where a warrant is not constitutionally required.

13 ‘‘(c) All provisions of law relating to the seizure, sum14 mary and judicial forfeiture, and condemnation of prop15 erty for the violation of the customs laws; the disposition

16 of such property or the proceeds from the sale thereof;

17 the remission or mitigation of such forfeitures; and the

18 compromise of claims and the award of compensation to

19 informers in respect of such forfeitures shall apply to sei20 zures and forfeitures incurred, or alleged to have been in21 curred, under the provisions of this section, insofar as ap22 plicable and not inconsistent with the provisions hereof,

23 except that duties imposed on customs officers or other

24 persons regarding the seizure and forfeiture of property

25 under the customs laws shall be performed with respect
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1 to seizures and forfeitures carried out under the provisions

2 of this section by such officers or persons authorized for

3 that purpose by the Attorney General.

4 ‘‘(d) Whenever property is forfeited under this sec5 tion, the Attorney General may—

6 ‘‘(1) retain the property for official use;

7 ‘‘(2) sell the property, in which case the pro8 ceeds from any such sale shall be used to pay all

9 proper expenses of the proceedings for forfeiture and

10 sale including expenses of seizure, maintenance of

11 custody, advertising, and courts costs; and

12 ‘‘(3) deposit any moneys or proceeds from the

13 sale of seized property not used to pay expenses in

14 accordance with paragraph (2) to the Penalties and

15 Confiscation Account.

16 ‘‘(e) In all suits or actions brought for the forfeiture

17 of any property of an alien seized under this section, where

18 an interest in such property is claimed by any person other

19 than such alien, the burden of proof shall lie upon such

20 claimant, except that probable cause shall be first shown

21 for the institution of such suit or action.’’.

22 SEC. 306. IMMIGRATION PENALTIES AND CONFISCATIONS.

23 Section 286 of the Immigration and Nationality Act

24 (8 U.S.C. 1356) is amended—
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1 (1) in subsection (b)(1) by striking subpara2 graph ‘‘(A)’’ and in subparagraph (B) by striking

3 subparagraph ‘‘(B)’’.

4 (2) by amending subsection (r) to read as fol5 lows:

6 ‘‘(r) PENALTIES AND CONFISCATIONS ACCOUNT.—

7 ‘‘(1) Notwithstanding any other provision of

8 law, all breached cash and surety bonds that are

9 posted under this chapter and are recovered, all civil

10 fines or penalties collected pursuant to this Act, and

11 all money confiscated, and all proceeds from the sale

12 of property confiscated, pursuant to this Act, shall

13 be deposited as offsetting receipts into a separate ac14 count entitled ‘‘Penalties and Confiscations Ac15 count’’ in the Treasury of the United States.

16 ‘‘(2) Each calendar quarter the Secretary of the

17 Treasury shall refund out of the Penalties and

18 Confiscations Account to any appropriation the

19 amount paid out of such appropriation during the

20 preceding calendar quarter for expenses incurred by

21 the Attorney General in the detection, apprehension,

22 detention, and deportation of aliens who are unlaw23 fully present in the United States.’’.
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1 SEC. 307. COMMUNICATIONS.

2 Notwithstanding any other provision of law, no agen3 cy, officer, or employee of the United States shall be pro4 hibited or in any way restricted from communicating with

5 the Immigration and Naturalization Service regarding the

6 immigration status of an alien.

7 SEC. 308. VOLUNTARY DEPARTURE.

8 Section 244 of the Immigration and Nationality Act

9 (8 U.S.C. 1254) is amended—

10 (1) in subsection (e) by adding at the end the

11 following:

12 ‘‘(3) When granting permission to depart volun13 tarily under the authority contained in paragraph

14 (1), the Attorney General shall inform the alien of

15 the date and year, not more than 6 months from the

16 date on which such permission is communicated, by

17 which such departure must be accomplished. No

18 postponement of the initially prescribed departure

19 date may be granted’’;

20 (2) in subsection (f) striking ‘‘; or’’ at the end

21 of paragraph (2) and inserting a semicolon

22 (3) in paragraph (3) by striking the period at

23 the end and inserting ‘‘; or’’; and

24 (4) by adding after paragraph (3) the following:

25 ‘‘(4) was permitted by the Attorney General to

26 depart voluntarily under subsection (e)(1) and did
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1 not depart by the date prescribed in accordance with

2 subsection (e)(3).’’.

3 TITLE IV—DOCUMENT REFORM

4 SEC. 401. SECURE WORK ELIGIBILITY DOCUMENTS.

5 (a) EXAMINATION OF DOCUMENTS.—Effective Janu6 ary 1, 1996, section 274A of the Immigration and Nation7 ality Act (8 U.S.C. 1324a) is amended by striking sub8 paragraphs (A) through (D) of subsection (b)(1) and in9 serting the following:

10 ‘‘(A) IN GENERAL.—The person or entity

11 must attest, under penalty of perjury and on a

12 form designated or established by the Attorney

13 General by regulation, that it has verified that

14 the individual is not an unauthorized alien by—

15 ‘‘(i) examining the document de16 scribed in subparagraph (B) in the case of

17 an individual claiming to be a United

18 States citizen or United States national;

19 ‘‘(ii) examining the document de20 scribed in subparagraph (C) in the case of

21 an individual not claiming to be a United

22 States citizen or a United States national;

23 and

24 ‘‘(iii) reporting the individual’s Social

25 Security account number to the Social Se-
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1 curity Administration through the elec2 tronic verification system established pur3 suant to section 402 of the Immigration

4 Reduction Act of 1994.

5 ‘‘(B) DOCUMENTS OF CITIZENS AND NA6 TIONALS.—The document described in this

7 paragraph is an individual’s Social Security ac8 count number card issued pursuant to section

9 401(c) of the Immigration Reduction Act of

10 1994.

11 ‘‘(C) DOCUMENTS OF ALIENS.—The docu12 ment described in this paragraph is an alien’s

13 identification card issued by the Immigration

14 and Naturalization Service pursuant to section

15 401(b) of the Immigration Reduction Act of

16 1994.’’.

17 (b) IMPROVEMENT OF ALIEN IDENTITY CARDS.—

18 (1) PERMANENT RESIDENT ALIENS.—The At19 torney General shall cause to be issued to every alien

20 acquiring lawful permanent residence in the United

21 States after June 30, 1995, and, upon application,

22 to any alien who acquired lawful permanent resi23 dence before July 1, 1995, an alien identification

24 card that shall—

25 (A) be uniform in appearance,
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1 (B) be as tamper-proof and counterfeit-re2 sistant as practicable,

3 (C) contain a photograph and fingerprint,

4 (D) display the name, sex, date of birth,

5 place of birth, and such other identifying infor6 mation as the Attorney General shall determine,

7 and

8 (E) incorporate a machine-readable encod9 ing of the information displayed on the card

10 and such other information as may serve to pre11 vent counterfeiting or other misuse of the card.

12 (2) OTHER ALIENS.—The Attorney General

13 shall cause to be issued to every alien who becomes

14 authorized to work in the United States after June

15 30, 1995, other than by reason of lawful admission

16 for permanent residence, and shall cause to be is17 sued, upon application, to any other alien who is au18 thorized to work in the United States other than by

19 reason of lawful admission for permanent residence

20 an alien identification card that shall—

21 (A) be uniform in appearance,

22 (B) be as tamper-proof and counterfeit-re23 sistant as practicable,

24 (C) contain a photograph and fingerprint,
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1 (D) display the alien’s name, sex, date of

2 birth, place of birth, and such other identifying

3 information as the Attorney General shall de4 termine,

5 (E) show an expiration date that shall be

6 determined in accordance with regulations is7 sued by the Attorney General, but shall not in

8 any case be later than 3 calendar years after

9 the date of issuance, and

10 (F) incorporate a machine-readable encod11 ing of the information displayed on the card

12 and such other information as may serve to pre13 vent counterfeiting or other misuse of the card.

14 (c) IMPROVEMENT OF SOCIAL SECURITY CARDS.—

15 (1) ISSUANCE OF ENHANCED CARD FOR CITI16 ZENS.—The Secretary shall cause to be issued en17 hanced Social Security account number cards to

18 United States citizens and United States nationals

19 who are 16 years of age or older upon application,

20 proof of identity, proof of citizenship or nationality,

21 and payment of a reasonable fee.

22 (2) ISSUANCE OF ENHANCED CARD FOR

23 ALIENS.—The Secretary shall cause to be issued en24 hanced Social Security account number cards to

25 aliens lawfully admitted for permanent residence or
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1 who are otherwise authorized to work in the United

2 States and who are 16 years of age or older upon

3 application, proof of identity, verification of status

4 by the Immigration and Naturalization Service, and

5 payment of a reasonable fee.

6 (3) REQUIREMENTS OF NEW CARDS.—

7 (A) The cards issued pursuant to para8 graphs (1) and (2) shall—

9 (i) be uniform in appearance,

10 (ii) be as tamper-proof and counter11 feit-resistant as is practicable,

12 (iii) contain a photograph and such

13 other identifying information that is spe14 cific to each person as the Secretary shall

15 determine,

16 (iv) contain the name, sex, date of

17 birth, citizenship status, and Social Secu18 rity account number of the issuee, and

19 (v) incorporate a machine-readable en20 coding of the information contained in the

21 card.

22 (B) The cards issued pursuant to para23 graph (2) to aliens who are not permanent resi24 dent aliens shall indicate whether the work au-
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1 thorization granted to the alien has an expira2 tion date.

3 (4) SECRETARY DEFINED.—For purposes of

4 this subsection, the Secretary means the Secretary

5 of Health and Human Services.

6 (d) REASONABLE FEE.—The amount of the fee that

7 is to be charged under subsections (b) and (c) shall be

8 the amount, not exceeding $50, required to cover the costs

9 of issuing the card (rounded to the nearest whole dollar).

10 (e) NO OTHER CARDS.—No Social Security account

11 number card or alien identification card shall be issued

12 after June 30, 1995, whether as an original card or as

13 a replacement, that does not satisfy the requirements of

14 this section.

15 (f) DEFINITIONS.—For purposes of this section—

16 (1) ‘‘place of birth’’ means, for an individual—

17 (A) born in a State, the 2-letter symbol

18 used by the United States Postal Service to

19 identify that State, or

20 (B) not born in a State, such 2-letter sym21 bol as the Secretary shall determine by regula22 tions;

23 (2) ‘‘State’’ means one of the United States,

24 the District of Columbia, Puerto Rico, the United

25 States Virgin Islands, or Guam.
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1 SEC. 402. ELECTRONIC VERIFICATION.

2 (a) SOCIAL SECURITY DATABASE.—By September

3 30, 1995, the Secretary of Health and Human Services

4 shall make such modifications to the Social Security ac5 count number data base (NUMIDENT) as are practicable

6 and as enable confirmation through the electronic verifica7 tion system described in subsection (d) that a Social Secu8 rity account number has been issued to an individual iden9 tified by last name, sex, year of birth, and place of birth

10 and that such individual is not known to the Secretary

11 of Health and Human Services to be an alien not author12 ized to work in the United States. At a minimum the data

13 base shall be modified to enable confirmation that a Social

14 Security account number is not assigned to an individual

15 authorized to work in the United States because the num16 ber—

17 (1) has not been issued,

18 (2) was issued to an individual known by the

19 Secretary of Health and Human Services as not au20 thorized to work,

21 (3) was issued to a person that is deceased and

22 has not been reissued, or

23 (4) was issued to an alien that any data base

24 of the Immigration and Naturalization Service shows

25 is not authorized to work in the United States.
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1 The Attorney General shall provide such assistance as the

2 Secretary of Health and Human Services may require to

3 merge or otherwise make use of any data base of the Im4 migration and Naturalization Service for the purposes of

5 this section.

6 (b) EXCHANGE OF INFORMATION.—The Attorney

7 General shall notify the Secretary of Health and Human

8 Services of the expiration of an alien’s authorization to

9 work in the United States not later than 14 calendar days

10 after the date of expiration. The Secretary of Health and

11 Human Services shall furnish the Attorney General with

12 a list of any aliens for whom confirmation of work eligi13 bility has been requested not later than 5 calendar days

14 after such request. Such list shall include the telephone

15 number from which the request was made and the em16 ployer identification number of the requester.

17 (c) ADULT APPLICANTS.—The Secretary of Health

18 and Human Services shall furnish to the Attorney General

19 a copy of any application (including supporting docu20 mentation) for a Social Security account number by an

21 alien or by an individual over 16 years of age who claims

22 to be a United States citizen or national and shall not

23 issue a number before the earlier of the following dates—

24 (1) the date on which the Attorney General con25 firms in writing that his records do not show that
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1 the applicant is an alien not authorized to work in

2 the United States, or

3 (2) 60 days after a copy of the application and

4 supporting documentation has been delivered to the

5 Attorney General.

6 (d) ELECTRONIC VERIFICATION SYSTEM.—Before

7 January 1, 1996, the Secretary of Health and Human

8 Services shall test and place in operation a system whereby

9 an employer can report by touch-tone telephone or point10 of-service device his employer identification number and

11 the Social Security account number, last name, sex, year

12 of birth, and place of birth of any individual who is to

13 be employed and can receive immediate confirmation that

14 the number was issued to the individual having that iden15 tity and that such person is not identified within the Social

16 Security account number data base as an individual who

17 is not a United States citizen, a United States national,

18 or an alien authorized to work in the United States. The

19 charge for each call will be sufficient to cover the costs

20 of operating the system, except that it shall not exceed

21 $2.00 plus any line charges payable to the telephone car22 rier. The system shall provide for access to a live operator

23 if an entry is not accepted or confirmed, shall provide a

24 verification code to the caller, shall create and maintain

25 a record of each inquiry (including the telephone number
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1 of the requester) and its verification code for not less than

2 2 years, and shall accommodate devices that read the en3 coding incorporated by a card issued under section 401(b)

4 or 401(c).

5 (e) ABUSE OF SYSTEM.—The use of the telephone

6 verification system established by subsection (d) by a per7 son other than—

8 (1) an employer acting pursuant to section

9 274A(b)(1) of the Immigration and Nationality Act,

10 or

11 (2) an officer or employee of an agency of the

12 United States or of any State acting in the perform13 ance of official duties, shall be punishable by a fine

14 of not more than $1,000 per occurrence.

15 SEC. 403. UNIFORM VITAL STATISTICS.

16 The Secretary of Health and Human Services shall

17 consult with the State agencies responsible for registration

18 and certification of births and deaths and, within 2 years

19 of the date of enactment of this Act, shall establish a na20 tional electronic network linking the vital statistics records

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

22 for the matching of deaths with births and shall enable

23 the confirmation of births and deaths of citizens of the

24 United States, or of aliens within the United States, by

25 any Federal or State agency or official in the performance
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1 of official duties. The Secretary shall institute measures

2 to achieve uniform and accurate reporting of vital statis3 tics into the national network, to protect the integrity of

4 the registration and certification process, and to prevent

5 fraud against the Government and other persons through

6 the use of false birth or death certificates.

7 SEC. 404. EMPLOYMENT AUTHORIZATION.

8 Section 274A of the Immigration and Nationality Act

9 (8 U.S.C. 1324a) is amended—

10 (1) in subsection (h)(3), by striking ‘‘or by the

11 Attorney General’’; and

12 (2) by adding the following sentence at the end

13 of subsection (h)(3): ‘‘The Attorney General shall

14 not authorize any alien who has not lawfully immi15 grated to the United States to be employed in the

16 United States or to carry on any trade or business

17 within the United States unless (A) the alien has a

18 lawfully obtained visa for a nonimmigrant status

19 that explicitly contemplates such performance of

20 services or such carrying on of a trade or business

21 within the United States, or (B) such authorization

22 is explicitly permitted by this Act.’’.
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1 TITLE V—STATE AND LOCAL

2 RESPONSIBILITIES

3 SEC. 501. LOCAL COOPERATION.

4 If the Attorney General certifies that any State or

5 local government or agency, or any elected or appointed

6 officer or employee thereof in the exercise of the individ7 ual’s official duties, has announced or practiced a policy

8 of refusing to cooperate with Federal immigration authori9 ties with respect to the identification, location, arrest,

10 prosecution, detention, or deportation of an alien or aliens

11 who are not lawfully present in the United States or a

12 policy of disregarding any Federal law or regulation relat13 ing to the denial of benefits to any class of aliens, then,

14 from the date that such certification is published in the

15 Federal Register until the date that the Attorney General

16 certifies that the policy has been retracted, that State or

17 local government or agency will not be eligible for any

18 Federal funds or assistance relating to law enforcement,

19 education, public health, transportation, or public works.

20 SEC. 502. NOTIFICATION OF ALIEN ARREST.

21 Whenever a law enforcement agency of any State or

22 subdivision thereof that receives Federal funds arrests an

23 alien for the commission of a crime, that agency shall

24 promptly provide notice of the alien’s identity and the cir25 cumstances of his arrest to the District Director of the
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1 Immigration and Naturalization Service for the district in

2 which the alien is being held or, if the alien is not being

3 held, for the district in which the alien was arrested.

4 SEC. 503. IMMIGRATION-RELATED COMMUNICATIONS.

5 (a) FREEDOM OF COMMUNICATION.—Notwithstand6 ing any other provision of law, no State or local govern7 ment or agency or employee thereof shall be prohibited

8 or prevented in any way from communicating with the Im9 migration and Naturalization Service regarding the immi10 gration status of an alien.

11 (b) CONFIDENTIALITY OF COMMUNICATIONS.—

12 (1) Any officer or employee of the United

13 States, who by virtue of his employment or official

14 position receives or learns of a communication de15 scribed in subsection (a), is prohibited from disclos16 ing to any person who is not an employee or officer

17 of the United States information about an individual

18 that was included in such communication other than

19 pursuant to the administration and enforcement of

20 the (A) Immigration and Nationality Act and other

21 laws of the United States regulating the admission,

22 presence, and departure of aliens, and (B) any

23 criminal law of the United States or of the several

24 States.
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1 (2) Any officer or employee of the United

2 States who knowingly makes a disclosure prohibited

3 by this subsection shall be guilty of a misdemeanor

4 and fined not more than $1,000 per disclosure.

5 SEC. 504. LAW ENFORCEMENT ASSISTANCE.

6 (a) Section 3041 of title 18, United States Code, is

7 amended by adding after the first comma in the first sen8 tence ‘‘including entry into, or presence within, the United

9 States in violation of any United States law regulating im10 migration,’’.

11 (b) Section 103 of the Immigration and Nationality

12 Act (8 U.S.C. 1103) is amended by adding at the end the

13 following new subsection:

14 ‘‘(e)(1) The Attorney General may deputize any law

15 enforcement officer of any State or of any political subdivi16 sion of any State to seek, apprehend, detain, and commit

17 to the custody of an officer of the Department of Justice

18 aliens who have violated or are reasonably suspected to

19 have violated the provisions of this Act and to conduct

20 investigations with respect to any such violations or sus21 pected violations, if—

22 ‘‘(1) actions pursuant to such deputization are

23 subject to the direction and supervision of an officer

24 of the Department of Justice;
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1 ‘‘(2) the duration of any such deputization is

2 not more than 2 years, subject to extensions or re3 newals at the discretion of the Attorney General

4 which shall not exceed 2 years;

5 ‘‘(3) any deputization, its duration, an identi6 fication of the supervising officer of the Department

7 of Justice, and the specific powers, privileges, and

8 duties to be performed or exercised are set forth in

9 writing; and

10 ‘‘(4) the Governor of the State, or the chief

11 elected or appointed official of a political subdivision

12 (as may be appropriate) consents to the deputiza13 tion.

14 ‘‘(2) No deputization under this subsection shall enti15 tle any State, political subdivision, or individual to any

16 compensation or reimbursement from the United States,

17 except where the amount thereof and the entitlement

18 thereto are set forth in the written deputization or where

19 otherwise explicitly provided by law.’’.

20 TITLE VI—PUBLIC BENEFITS

21 ABUSE

22 SEC. 601. PROHIBITION OF BENEFITS TO CERTAIN ALIENS.

23 (a) FEDERAL BENEFITS.—Notwithstanding any

24 other provision of law, no direct Federal financial benefit

25 or social insurance benefit may be provided to any alien.
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1 (b) EXCEPTIONS.—The prohibition of subsection (a)

2 shall not apply to—

3 (1) medical treatment of children;

4 (2) medical treatment of adults for conditions

5 that, if not treated promptly, would endanger the

6 alien’s life, leave the alien in severe pain, result in

7 the alien’s prolonged physical disability, or pose a

8 serious public health risk; or

9 (3) educational benefits for alien children at

10 any time after their admission as permanent resi11 dents, parolees, asylees, or refugees.

12 (c) UNEMPLOYMENT BENEFITS.—No alien shall be

13 eligible for unemployment compensation under an unem14 ployment compensation law of the United States or any

15 State.

16 SEC. 602. EXCLUSION OF ALIENS LIKELY TO BECOME PUB17 LIC CHARGES.

18 Section 212(a) of the Immigration and Nationality

19 Act (8 U.S.C. 1182(a)) is amended by striking paragraph

20 (4) and inserting:

21 ‘‘(4) PUBLIC CHARGE.—Any alien who cannot

22 demonstrate to the consular officer at the time of

23 application for a visa, or to the Attorney General at

24 the time of application for admission or adjustment

25 of status, that, taking into account the alien’s age
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1 and medical condition, the alien has assets, edu2 cation, skills, or a combination thereof that make it

3 very unlikely that the alien will become eligible for

4 means-tested public assistance of any kind (includ5 ing, but not limited to, medical care or food and

6 housing assistance) or will otherwise become a public

7 charge is excludable.’’.

8 SEC. 603. FINANCIAL RESPONSIBILITY OF IMMIGRANT

9 SPONSORS.

10 Section 213 of the Immigration and Nationality Act

11 (8 U.S.C. 1183) is amended to read as follows:

12 ‘‘SEC. 213. FINANCIAL RESPONSIBILITY OF SPONSORS.

13 ‘‘(a) An alien excludable under paragraph (4) of sec14 tion 212(a) may, if otherwise admissible, be admitted in

15 the discretion of the Attorney General upon the giving of

16 a guarantee of financial responsibility by an individual

17 (hereinafter in this section referred to as the alien’s ‘‘spon18 sor’’) who is not less than 21 nor more than 60 years of

19 age, is of good moral character, has never been convicted

20 of a felony, has never filed for bankruptcy or been adju21 dicated a bankrupt, and is a citizen of the United States.

22 ‘‘(b) A guarantee of financial responsibility in sub23 section (a) shall provide (1) that the sponsor, and the

24 sponsor’s spouse if the sponsor is married, agree in the

25 case of an alien under 21 years of age, to assume legal
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1 custody for the alien after the alien’s departure to the

2 United States and until the alien become 21 years of age,

3 in accordance with the law of the State where the sponsor

4 resides, and (2) that the sponsor agrees to furnish, during

5 the 10-year period beginning on the date of the alien’s

6 acquiring the status of an alien lawfully admitted for per7 manent residence, or during the period beginning on the

8 date of the alien’s acquiring the status of an alien lawfully

9 admitted for permanent residence and ending on the date

10 on which the alien becomes 21 years of age, whichever pe11 riod is longer, such financial support as is necessary to

12 preclude the alien’s need for means-tested public assist13 ance.

14 ‘‘(c) A guarantee of financial responsibility given

15 under subsection (a) may be enforced with respect to an

16 alien by a civil suit against his sponsor by the Attorney

17 General, by any Federal or State agency that has provided

18 the alien means-tested public assistance of any kind, in19 cluding but not limited to medical, food, and housing as20 sistance, or by any citizen of the United States in accord21 ance with section 704 of the Immigration Reduction Act

22 of 1994.

23 ‘‘(d) Civil suits under subsection (c) shall be brought

24 in the United States district court for the district in which

25 the defendant resides and may be brought at any time on
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1 or before the date that is 5 years after the date on which

2 the sponsor’s period of financial responsibility under sub3 section (a) expired.’’.

4 SEC. 604. MEANS-TESTED BENEFITS.

5 Notwithstanding any other provision of Federal law,

6 the income and assets of an immigrant’s sponsor shall be

7 considered the income and assets of the immigrant for

8 purposes of determining the Federal benefit that is based

9 upon income or assets of the beneficiary.

10 TITLE VII—STRENGTHENING

11 CITIZENSHIP

12 SEC. 701. CONSTITUTIONAL CITIZENSHIP.

13 In the exercise of its powers under section 5 of the

14 Fourteenth Article of Amendment to the Constitution of

15 the United States, the Congress has determined and here16 by declares that any person born after the date of enact17 ment of this Act to a mother who is neither a citizen of

18 the United States nor admitted to the United States as

19 a lawful permanent resident, and which person is a na20 tional or citizen of another country of which either of his

21 or her natural parents is a national or citizen, or is enti22 tled upon application to become a national or citizen of

23 such country, shall be considered as born subject to the

24 jurisdiction of that foreign country and not subject to the

25 jurisdiction of the United States within the meaning of
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1 section 1 of such Article and shall therefore not be a citi2 zen of the United States or of any State solely by reason

3 of birth within the United States.

4 SEC. 702. CONSTITUTIONAL VOTING PRIVILEGE.

5 In the exercise of its powers under section 5 of the

6 Fourteenth Article of Amendment to the Constitution of

7 the United States to enforce the prohibition of section 1

8 of such Article against the making or enforcing of any law

9 that shall abridge the privileges or immunities of citizens

10 of the United States, the Congress determines that the

11 right of citizens to vote is a privilege of citizens of the

12 United States and that voting in elections of the United

13 States or of any State by persons who are not citizens

14 of the United States is an abridgement of that privilege.

15 It shall be unlawful, and a misdemeanor punishable by a

16 fine of not more than $1,000 and/or imprisonment of not

17 more than 30 days for each unlawful vote, for any person

18 who is not a citizen of the United States to vote in any

19 election to which the provisions of the Fifteenth, Nine20 teenth, Twenty-Fourth, or Twenty-Sixth Article of

21 Amendment to the Constitution applies or in any other

22 election, referendum, ballot, or other procedure of the

23 United States or of any State in which votes are taken.

24 Any vote that is cast in violation of this section shall be

25 null, void, and of no effect and shall not be counted.
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1 SEC. 703. NATURALIZATION.

2 (a) REQUIREMENTS FOR NON-ELDERLY ALIENS.—

3 Section 312 of the Immigration and Nationality Act (8

4 U.S.C. 1423) is amended by—

5 (1) striking all that follows ‘‘this Act,’’ in para6 graph (1) and inserting ‘‘is over 65 years of age and

7 has been living in the United States for periods to8 taling at least 20 years subsequent to a lawful ad9 mission for permanent residence.’’;

10 (2) striking ‘‘and’’ after ‘‘applicant;’’ in para11 graph (1);

12 (3) striking ‘‘the period’’ after ‘‘United States’’

13 in subsection (2) and inserting ‘‘; and’’; and

14 (4) adding the following sentence after para15 graph (2): ‘‘The demonstration required by this sec16 tion shall be made in the physical presence of an em17 ployee of the Immigration and Naturalization Serv18 ice.’’.

19 (b) GOOD MORAL CHARACTER REQUIREMENT.—Sec20 tion 316 of the Immigration and Nationality Act (8 U.S.C.

21 1427) is amended by adding the following sentence at the

22 end of subsection (a): ‘‘Action by the alien to commit a

23 fraud upon the Immigration and Naturalization Service

24 in connection with his own admission or to aid or abet

25 the commission of such a fraud by any other alien shall
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1 be considered conclusive evidence that the alien lacks good

2 moral character.’’.

3 SEC. 704. LEGAL ACTIONS BY STATE AND LOCAL GOVERN4 MENTS.

5 (a) ACTIONS BY STATES AND THEIR POLITICAL SUB6 DIVISIONS.—The Immigration and Nationality Act is

7 amended by adding the following new section after section

8 293 (8 U.S.C. 1363):

9 ‘‘SEC. 294. ACTIONS BASED ON IMMIGRATION LAW VIOLA10 TIONS.

11 ‘‘(a) ACTIONS AGAINST THE UNITED STATES.—The

12 Governor or Attorney General of any State may commence

13 a civil suit on behalf of the State and any of its political

14 subdivisions against the head of any agency of the Federal

15 Government upon an allegation that the number of aliens

16 entering or residing in the State in violation of this Act

17 has increased, is increasing, or is likely to increase by rea18 son of (1) a failure of such agency to perform within a

19 reasonable time any nondiscretionary act or duty under

20 an immigration-related law, (2) a policy of such agency

21 to authorize, encourage, or enable one or more classes of

22 excludable or deportable aliens to remain within the Unit23 ed States or be employed within the United States, or (3)

24 a policy of such agency of releasing from the custody of

25 the United States excludable or deportable aliens without
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1 effective provision for their prompt departure or return

2 to custody. Any such action shall be brought in a United

3 States district court for a district that is wholly or partly

4 within the State bringing the suit or in the United States

5 District Court for the District of Columbia. The district

6 court shall have jurisdiction to order the head of any agen7 cy of the United States to perform any act or duty re8 quired by an immigration-related law. If the court finds

9 that the actions or policies of the department or agency

10 were in willful and prolonged disregard of any immigra11 tion-related law, the court may order the United States

12 to reimburse the State or any of its political subdivisions

13 for the direct costs to the State or the political subdivision

14 attributable to such actions.

15 ‘‘(b) LITIGATION COSTS.—If an action under this

16 section is against a party other than a department or

17 agency of the United States, the court may award the

18 costs of litigation (including reasonable attorney and ex19 pert witness fees) to the prevailing party, whenever the

20 court determines such an award is appropriate.

21 ‘‘(c) DEFINITION.—For purposes of this section, the

22 term ‘immigration-related law’ means this Act any any

23 federal law that limits or prohibits the provision of finan24 cial assistance to ineligible aliens or the expenditure of

25 funds for the benefit of ineligible aliens.’’.
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1 TITLE VIII—IMMIGRATION AND

2 NATURALIZATION SERVICE

3 SEC. 801. ESTABLISHMENT OF INDEPENDENT AGENCY.

4 For the purposes of maintaining order in the admis5 sion and departure of aliens, of protecting American work6 ers from unfair competition with alien workers, and of pro7 tecting the general public from crime, terrorism, abuse of

8 public benefits and facilities, environmental degradation,

9 and other adverse consequences of uncontrolled entry of

10 person or property across the borders of the United

11 States, the Immigration and Naturalization Service is es12 tablished as an agency of the United States Government

13 outside of the Department of Justice. The Immigration

14 and Naturalization Service shall execute and enforce the

15 provisions of the Immigration and Nationality Act. The

16 funds, property, and personnel of the Immigration and

17 Naturalization Service of the Department of Justice are

18 transferred to the Immigration and Naturalization Service

19 that is established by this section.

20 SEC. 802. CONFORMING AMENDMENTS.

21 (a) The Immigration and Nationality Act is amend22 ed—

23 (1) by striking ‘‘of the Department of Justice’’

24 in section 101(a)(34);
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1 (2) by striking ‘‘which are conferred upon the

2 Attorney General as may be delegated to him by the

3 Attorney General or which may be prescribed by the

4 Attorney General’’ in section 103(b); and

5 (3) by striking ‘‘Attorney General’’ from all sec6 tions of the Act except section 101(a)(5) and insert7 ing ‘‘Commissioner’’.

8 (b) Sections 1551 and 1552 of title 8, United States

9 Code, are repealed.

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