I

103D CONGRESS

2D SESSION H. R. 3320

To curb criminal activity by aliens, to defend against acts of international

terrorism, to protect American workers from unfair labor competition,

and to relieve pressure on public services by strengthening border security

and stabilizing immigration into the United States.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 20, 1993

Mr. BILBRAY (for himself, Mr. GOODLATTE, Mr. HUNTER, Mr. LEHMAN, and

Mr. TRAFICANT) introduced the following bill; which was referred to the

Committee on the Judiciary

MAY 2, 1994

Additional sponsors: Mr. WILSON, Mr. MCKEON, Mr. SENSENBRENNER, Mr.

WELDON, Mr. ROYCE, Mr. SOLOMON, Mr. MOORHEAD, Mr. DUNCAN, Mr.

PARKER, Mr. PACKARD, Mr. YOUNG of Alaska, Mr. MORAN, Mr. CALVERT, Mr. HAYES, and Mr. HOLDEN

A BILL

To curb criminal activity by aliens, to defend against acts

of international terrorism, to protect American workers

from unfair labor competition, and to relieve pressure

on public services by strengthening border security and

stabilizing immigration into the United States.

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

2 This Act may be cited as the ‘‘Immigration Stabiliza3 tion Act of 1993’’.

4 SEC. 2. TABLE OF TITLES.

TITLE I—ADMISSION OF IMMIGRANTS

TITLE II—ADMISSION OF REFUGEES

TITLE III—ASYLUM REFORM

TITLE IV—CRIMINAL ALIENS

TITLE V—FINANCIAL RESPONSIBILITY

TITLE VI—EMPLOYER SANCTIONS

TITLE VII—BORDER SECURITY

TITLE VIII—ALIEN SMUGGLING

TITLE IX—LOCAL COOPERATION

TITLE X—CITIZENSHIP

5 SEC. 3. EFFECTIVE DATE.

6 Except where otherwise specifically provided, the pro7 visions of this Act are effective for fiscal years after fiscal

8 year 1993.

9 TITLE I—ADMISSION OF IMMIGRANTS

10 SEC. 101. WORLDWIDE LEVELS OF IMMIGRATION.

11 Section 201 of the Immigration and Nationality Act

12 (8 U.S.C. 1151) is amended—

13 (a) by striking subsection (c) and inserting:

14 ‘‘(c) The worldwide level of family-sponsored immi15 grants is—

16 ‘‘(i) 300,000, minus the number of aliens de17 scribed in sections 201(b)(2) and 203(b) who were
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1 issued immigrant visas or who otherwise acquired

2 the status of aliens lawfully admitted to the United

3 States for permanent residence in the previous fiscal

4 year;’’;

5 (b) by striking subsection (d) and inserting:

6 ‘‘(d) The worldwide level of employment-based immi7 grants is 40,000’’; and

8 (c) by striking ‘‘55,000’’ from subsection (e)

9 and inserting ‘‘zero’’.

10 SEC. 102. ALLOTMENT OF VISAS.

11 Section 203 of the Immigration and Nationality Act

12 (8 U.S.C. 1153) is amended by—

13 (a) adding the following paragraph to sub14 section (a):

15 ‘‘(5) If the worldwide level of family-sponsored

16 immigrants for any fiscal year is less than 226,000,

17 then the maximum number of visas that can be al18 lotted to any class of family-sponsored immigrants

19 under this subsection shall be proportionately re20 duced for that fiscal year;’’;

21 (b) striking subsection (b) and inserting:

22 ‘‘(b) ALLOCATION FOR EMPLOYMENT-BASED IMMI23 GRANTS.—Visas shall be made available in a number not

24 to exceed the worldwide level of employment-based immi-
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1 grants to qualified immigrants who are aliens described

2 in any of the following paragraphs (1) through (3).

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

4 An alien is described in this paragraph if—

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

6 the sciences, arts, education, business, or ath7 letics which has been demonstrated by sus8 tained national or international acclaim and

9 whose achievements have been recognized in the

10 field through extensive documentation,

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

12 States to continue work in the area of extraor13 dinary ability, and

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

15 States will substantially benefit prospectively

16 the United States.

17 ‘‘(2) OUTSTANDING PROFESSORS AND RE18 SEARCHERS.—An alien is described in this para19 graph if—

20 ‘‘(A) the alien is recognized internationally

21 as outstanding in a specific academic area,

22 ‘‘(B) the alien has at least 3 years of expe23 rience in teaching or research in the academic

24 area, and
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1 ‘‘(C) the alien seeks to enter the United

2 States—

3 ‘‘(i) for a tenured position (or tenure4 track position) within a university or insti5 tution of higher education to teach in the

6 academic area,

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

8 university or institution of higher edu9 cation to conduct research in the area, or

10 ‘‘(iii) for a comparable position to

11 conduct research in the area with a depart12 ment, division, or institute of a private em13 ployer, if the department, division, or insti14 tute employs at least 3 persons full-time in

15 research activities and has achieved docu16 mented accomplishments in an academic

17 field.

18 ‘‘(3) CERTAIN MULTINATIONAL EXECUTIVES

19 AND MANAGERS.—An alien is described in this para20 graph if the alien, in the 3 years preceding the time

21 of the alien’s application for classification and ad22 mission into the United States under this paragraph,

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

24 corporation or other legal entity or an affiliate or

25 subsidiary thereof and the alien seeks to enter the
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1 United States in order to continue to render services

2 to the same employer or to a subsidiary or affiliate

3 thereof in a capacity that is managerial or execu4 tive.’’.

5 (c) striking subsection (c) and inserting:

6 ‘‘(c) Visas shall be made available to employment-re7 lated immigrants in the order in which a petition on behalf

8 of each such immigrant is filed with the Attorney General

9 and waiting lists of applicants for visas shall be main10 tained in accordance with regulations prescribed by the

11 Secretary of State.’’;

12 (d) striking ‘‘(a), (b), or (c)’’ from subsections

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

14 (e) striking subsection (e); and

15 (f) renumbering subsections (f) and (g) as (e)

16 and (f), respectively.

17 SEC. 103. APPROVAL OF PETITIONS.

18 Section 204 of the Immigration and Nationality Act

19 (8 U.S.C. 1154) is amended by—

20 (a) striking from subsection (a)(1)(A) ‘‘the clas21 sification by reason of a relationship described in

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

23 (b) striking from subsection (a)(1) subpara24 graphs (B), (C), (D), (E), (F), (G), and inserting:
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1 ‘‘(B) Any alien desiring to be classified

2 under section 203(b), or any person on behalf

3 of such an alien, may file a petition with the

4 Attorney General for such classification.’’;

5 (c) striking from subsection (e) ‘‘as an immi6 grant under subsection (a), (b), or (c) of section 203

7 or’’;

8 (d) striking from subsection (f)(i) ‘‘, 203(a)(1),

9 or 203(a)(3), as appropriate’’; and

10 (e) adding:

11 ‘‘(h) Notwithstanding any other provision of this sec12 tion, the Attorney General shall not approve after Septem13 ber 30, 1993, any petitions other than for immediate rel14 ative status under section 201(b)(2) or classification by

15 reason of a relationship described in section 203(b).’’.

16 SEC. 104. CONFORMING AMENDMENTS.

17 The Immigration and Nationality Act is amended

18 by—

19 (a) striking from section 203(a)(1) ‘‘UNMAR20 RIED SONS OR DAUGHTERS OF CITIZENS.—Quali21 fied immigrants who are the unmarried sons or

22 daughters of citizens of the United States’’ and in23 serting ‘‘PARENTS OF ADULT UNITED STATES CITI24 ZENS.—Qualified immigrants who are the parents of
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1 citizens of the United States who are at least 21

2 years of age’’; and

3 (b) striking ‘‘MARRIED’’ and ‘‘married’’ from

4 section 203(a)(3) .

5 TITLE II—ADMISSION OF REFUGEES

6 SEC. 201. NUMBER OF ADMISSIONS.

7 Section 207 of the Immigration and Nationality Act

8 (8 U.S.C. 1157) is amended by striking subsection (a) and

9 inserting:

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

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

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

13 subsection shall be allocated by the President among refu14 gees of special humanitarian concern to the United

15 States.’’.

16 SEC. 202. NONDISCRIMINATION IN REFUGEE ADMISSIONS.

17 (a) Public Law 89–732, as amended by Public Law

18 94–571, is repealed.

19 (b) Section 207 of the Immigration and Nationality

20 Act (8 U.S.C. 1157) is amended by adding after sub21 section (e) thereof:

22 ‘‘(f) Determinations of the allocation of admissions

23 under subsections (a) and (b), determinations of admis24 sions under subsection (c), and procedures for the deter25 mination of refugee status shall not discriminate in favor
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1 of or against any alien on the basis of the alien’s race,

2 religion, nationality, membership in a particular social

3 group, or political opinion.’’.

4 TITLE III—ASYLUM REFORM

5 SEC. 301. INSPECTION AND EXCLUSION BY IMMIGRATION

6 OFFICERS.

7 (a) INSPECTION OF ALIENS.—Section 235(b) of the

8 Immigration and Nationality Act (8 U.S.C. 1225(b)) is

9 amended to read as follows:

10 ‘‘(b) INSPECTION AND EXCLUSION BY IMMIGRATION

11 OFFICERS.—

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

13 alien who is seeking entry to the United States.

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

15 determines that an alien seeking entry—

16 ‘‘(i) does not present the documentation

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

18 United States; and

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

20 to apply for asylum (under section 208) or a

21 fear of persecution, the officer shall order the

22 alien excluded from the United States without

23 further hearing or review.

24 ‘‘(B) The examining immigration officer shall

25 refer for immediate inspection at a port of entry by
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1 an asylum officer under subparagraph (C) any alien

2 who has indicated an intention to apply for asylum

3 or a fear of persecution.

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

5 alien has a credible fear of persecution, the alien

6 shall be entitled to apply for asylum under section

7 208.

8 ‘‘(ii) If an asylum officer determines that an

9 alien does not have a credible fear of persecution the

10 officer shall order the alien excluded from the

11 United States without further hearing or review.

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

13 (B), if the examining immigration officer determines

14 that an alien seeking entry is not clearly and beyond

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

16 for a hearing before a special inquiry officer.

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

18 not apply—

19 ‘‘(i) to an alien crewman,

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

21 (2)(A) or 2(C)(ii)(I), or

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

23 273(d) exist.

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

25 officer, if favorable to the admission of any alien,
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1 shall be subject to challenge by any other immigra2 tion officer and such challenge shall operate to take

3 the alien, whose privilege to enter is so challenged,

4 before a special inquiry officer for a hearing on ex5 clusion of the alien.

6 ‘‘(5)(A) Subject to subparagraph (B), an alien

7 has not entered the United States for purposes of

8 this Act unless and until such alien has been in9 spected and admitted by an immigration officer pur10 suant to this subsection.

11 ‘‘(B) An alien who (i) is physically present in

12 the United States, (ii) has been physically present in

13 the United States for a continuous period of one

14 year, and (iii) has not been inspected and admitted

15 by an immigration officer shall be deemed to have

16 entered the United States without inspection.

17 ‘‘(6) INTERIOR REPATRIATION.—The Secretary

18 of State shall undertake to enter into, on behalf of

19 the United States, arrangements with the govern20 ments of countries contiguous to the United States

21 that any excludable or deportable alien who is to de22 part the United States to such country under an

23 order of deportation, under a grant of voluntary de24 parture with safeguards, or at a time when the alien

25 is in federal custody shall be transported to a point
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1 in the contiguous country that, to the extent prac2 ticable, is not less than 500 kilometers from the bor3 der of the United States.’’.

4 (b) GROUNDS FOR EXCLUSION.—Section 221(a)(6)

5 of the Immigration and Nationality Act is amended by

6 adding the following paragraphs:

7 ‘‘(G)(i) Any alien who, in seeking entry to the

8 United States or boarding a common carrier for the

9 purpose of coming to the United States, presents

10 any document which is forged, counterfeit, altered,

11 falsely made, stolen, or inapplicable to the alien pre12 senting the document, or otherwise contains a mis13 representation of a material fact, shall be excluded.

14 ‘‘(ii) Subparagraph (ii) shall not apply to an

15 alien if, in the determination of the asylum officer,

16 the document or documents to which that subpara17 graph refers were presented by the alien solely to en18 able the alien to depart directly from—

19 ‘‘(A) a country in which the alien had a

20 credible fear of persecution; or

21 ‘‘(B) a country in which there was a sig22 nificant danger that the alien would be returned

23 to a country in which the alien would have a

24 credible fear of persecution.
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1 ‘‘(iii) For the purposes of this subparagraph,

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

3 it is more probable than not that the statements

4 made by the alien in support of his or her claim are

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

6 in light of such statements and of such other facts

7 as are known to the officer that the alien could es8 tablish eligibility for asylum under section 208.

9 ‘‘(H) Any alien who, in boarding a common car10 rier for the purpose of coming to the United States,

11 presents a document that relates or purports to re12 late to the alien’s eligibility to enter the United

13 States, and fails to present such document to an im14 migration officer upon arrival at a port of entry into

15 the United States, shall be excluded.’’.

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

17 U.S.C. 1227(a)) is amended—

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

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

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

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

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

23 235(b)(2), if’’.
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1 SEC. 302. ASYLUM.

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

3 amended to read as follows:

4 ‘‘SEC. 208. (a) ASYLUM.—

5 ‘‘(1) RIGHT TO APPLY.—An alien physically

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

7 port of entry may apply for asylum in accordance

8 with this section.

9 ‘‘(2) CONDITIONS FOR GRANTING.—

10 ‘‘(A) GRANTS BY ATTORNEY GENERAL.—

11 The Attorney General may grant asylum to an

12 alien if the alien applies for asylum in accord13 ance with the requirements of this section and

14 establishes that it is more probable than not

15 that in the alien’s country of nationality (or, in

16 the case of a person having no nationality, the

17 country in which such alien last habitually re18 sided) such alien would be arrested and incar19 cerated or such alien’s life would be threatened

20 on account of race, religion, nationality, mem21 bership in a particular social group, or political

22 opinion.

23 ‘‘(B) EXCEPTION.—Subparagraph (A)

24 shall not apply to an alien if the Attorney Gen25 eral determines that—
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1 ‘‘(i) the alien ordered, incited, as2 sisted, or otherwise participated in the per3 secution of any person on account of race,

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

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

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

10 ‘‘(iii) there are serious reasons for be11 lieving that the alien has committed a seri12 ous nonpolitical crime outside the United

13 States prior to the arrival of the alien in

14 the United States;

15 ‘‘(iv) there are reasonable grounds for

16 regarding the alien as a danger to the se17 curity of the United States; or

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

19 alien has been identified (other than the

20 country described in subparagraph (A)) to

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

23 that it is more likely than not that the

24 alien would be incarcerated or the alien’s

25 life would be threatened in such country on
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1 account of race, religion, nationality, mem2 bership of a particular social group, or po3 litical opinion. For purposes of clause (ii),

4 an alien who has been convicted of an ag5 gravated felony shall be considered to have

6 committed a particularly serious crime.

7 The Attorney General shall promulgate

8 regulations that specify additional crimes

9 that will be considered to be a crime de10 scribed in clause (ii) or clause (iii).

11 ‘‘(3) ASYLUM STATUS.—In the case of any alien

12 granted asylum under paragraph (2), the Attorney

13 General, in accordance with this section—

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

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

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

17 employment in the United States and provide

18 the alien with an ‘employment authorized’ en19 dorsement or other appropriate work permit;

20 and

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

22 with the prior consent of the Attorney General,

23 except that such travel may not be authorized

24 to the country from which the alien claimed to

25 be fleeing persecution.
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1 ‘‘(4) TERMINATION.—Asylum granted under

2 paragraph (2) shall be terminated if the Attorney

3 General, pursuant to such regulations as the Attor4 ney General may prescribe, determines that—

5 ‘‘(A) the alien no longer meets the condi6 tions described in paragraph (2) owing to a

7 change in circumstances in the alien’s country

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

9 no nationality, in the country in which the alien

10 last habitually resided;

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

12 in paragraph (2);

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

14 has been identified (other than the country de15 scribed in paragraph (2)) to which the alien can

16 be deported or returned and the alien cannot

17 establish that it is more likely than not that the

18 alien would be arrested or incarcerated in such

19 country on account of race, religion, nationality,

20 membership in a particular social group, or po21 litical opinion; or

22 ‘‘(D) the alien returns to the country from

23 which the alien claimed to be fleeing persecu24 tion or makes application with the Attorney
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1 General to return to the country from which the

2 alien claimed to fleeing persecution.

3 ‘‘(5) ACCEPTANCE BY ANOTHER COUNTRY.—In

4 the case of an alien described in paragraph (2)(C)(v)

5 or paragraph (4)(C), the alien’s deportation or re6 turn shall be directed by the Attorney General in the

7 sole discretion of the Attorney General, to any coun8 try which is willing to accept the alien into its terri9 tory (other than the country described in paragraph

10 (2)).

11 ‘‘(b) ASYLUM PROCEDURE.—

12 ‘‘(1) APPLICATIONS.—

13 ‘‘(A) IN GENERAL.—

14 ‘‘(i) DEADLINE.—Subject to clause

15 (ii), an alien’s application for asylum shall

16 not be considered under this section un17 less—

18 ‘‘(I) the alien has filed, not later

19 than 30 days after entering or coming

20 to the United States, notice of inten21 tion to file such an application, and

22 ‘‘(II) such application is actually

23 filed not later than 45 days after en24 tering or coming to the United States.
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1 ‘‘(ii) EXCEPTION.—An application for

2 temporary asylum may be considered, not3 withstanding that the requirements of

4 clause (i) have not been met, only if the

5 alien demonstrates by clear and convincing

6 evidence changed circumstances in the

7 alien’s country of nationality (or in the

8 case of an alien with no nationality, in the

9 country where the alien last habitually re10 sided) affecting eligibility for asylum.

11 ‘‘(B) REQUIREMENTS.—An application for

12 temporary asylum shall not be considered un13 less the alien submits to the taking of finger14 prints and a photograph in a manner deter15 mined by the Attorney General.

16 ‘‘(C) FEES.—The Attorney General may

17 provide for a reasonable fee for the consider18 ation of an application for asylum or for any

19 employment authorization under subsection

20 (a)(3)(B).

21 ‘‘(D) NOTICE OF PRIVILEGE OF COUNSEL

22 AND CONSEQUENCES OF FRIVOLOUS APPLICA23 TION.—At the time of filing a notice of inten24 tion to apply for asylum, the alien shall be ad25 vised of the privilege of being represented (at
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1 no expense to the government) by such counsel,

2 authorized to practice in such proceedings, as

3 the alien shall choose and of the consequences,

4 under subsection (d), of filling a frivolous appli5 cation for temporary asylum.

6 ‘‘(2) CONSIDERATION OF APPLICATIONS; HEAR7 INGS.—

8 ‘‘(A) ASYLUM OFFICERS.—Applications for

9 temporary asylum shall be considered by offi10 cers of the Service (referred to in this Act as

11 ‘asylum officers’) who are specially designated

12 by the Service as having special training and

13 knowledge of international conditions and

14 human rights records of foreign countries.

15 Pending the designation of such officers, indi16 viduals who as of the date of the enactment of

17 the Immigration Stabilization Act of 1993 are

18 authorized to perform duties as asylum officers

19 shall be deemed to be qualified to be asylum of20 ficers for purposes of this Act.

21 ‘‘(B) SCHEDULING OF HEARINGS.—

22 ‘‘(i) IN GENERAL.—Upon the filing of

23 an application for asylum, an asylum offi24 cer, at the earliest practicable time and

25 after consultation with the attorney for the
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1 Government and the attorney (if any) for

2 the applicant, shall set the application for

3 hearing on a day certain or list it on a

4 weekly or other short-term calendar, so as

5 to assure a speedy hearing.

6 ‘‘(ii) DEADLINE.—Unless the appli7 cant (or an attorney for the applicant) con8 sents in writing to the contrary, the hear9 ing on the asylum application shall com10 mence not later than 45 days after the

11 date the application was filed.

12 ‘‘(C) PUBLIC HEARINGS.—A hearing on a

13 temporary asylum application shall be open to

14 the public unless the applicant requests that it

15 be closed to the public.

16 ‘‘(D) RIGHTS IN HEARINGS.—The officer

17 shall, to the extent practicable, conduct the

18 hearing in a nonadversarial manner. During

19 such hearing, the applicant shall have the privi20 lege of the assistance and participation of coun21 sel (as provided under paragraph (1)(D)) and

22 both the government and the applicant shall be

23 entitled to present evidence and witnesses, to

24 examine and object to evidence, and to cross-ex25 amine all witnesses.
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1 ‘‘(E) COUNTRY CONDITIONS.—An officer

2 may request opinions regarding country condi3 tions from the Secretary of State, but shall not

4 request or consider recommendations from the

5 Secretary of State as to whether a particular

6 named individual should or should not be grant7 ed temporary asylum.

8 ‘‘(F) TRANSCRIPT OF HEARINGS.—A com9 plete record of the proceedings and of all testi10 mony and evidence produced at the hearing

11 shall be kept. The hearing shall be recorded

12 verbatim. The Attorney General and the Service

13 shall provide that a transcript of a hearing held

14 under this section is made available not later

15 than 10 days after the date of completion of the

16 hearing.

17 ‘‘(G) DEADLINE FOR DETERMINATIONS ON

18 APPLICATIONS.—The officer shall render a de19 termination on the application not later than 30

20 days after the date of completion of the hear21 ing. The determination of the officer shall be

22 based only on the officer’s knowledge of inter23 national conditions and human rights records of

24 foreign countries, and evidence produced at the

25 hearing.
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1 ‘‘(H) RESOURCE ALLOCATION.—The At2 torney General shall allocate sufficient re3 sources so as to assure that applications for

4 asylum are heard and determined on a timely

5 basis. However, nothing in this paragraph relat6 ing to scheduling or deadlines shall be con7 strued as creating any right or benefit, sub8 stantive or procedural, which is legally enforce9 able by any party against the United States, its

10 agencies, its officers, or any other person.

11 ‘‘(I) SANCTIONS FOR FAILURE TO AP12 PEAR.—

13 ‘‘(i) Subject to clause (ii), the applica14 tion for asylum of an alien who does not

15 appear for a hearing on such application

16 shall be summarily dismissed unless the

17 alien can show exceptional circumstances

18 (as defined in section 242B(f)(2)) as deter19 mined by the asylum officer.

20 ‘‘(ii) Clause (i) shall not apply if writ21 ten and oral notice were not provided as

22 required by section 242B(e)(4)(B).

23 ‘‘(iii) Except in exceptional cir24 cumstances (as defined in section

25 242B(f)(2)), an application summarily dis-
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1 missed in accordance with Clause (i) shall

2 not be reopened or reconsidered nor shall

3 a new application for asylum be enter4 tained by the Attorney General at any

5 time.

6 ‘‘(J) FINALITY OF DETERMINATIONS.—

7 ‘‘(i) IN GENERAL.—The decision of

8 the asylum officer shall be the final admin9 istrative determination of a claim for asy10 lum.

11 ‘‘(ii) TREATMENT OF CASES IN EX12 CLUSION OR DEPORTATION.—If proceed13 ings are instituted against an alien under

14 section 235 or 242 of this Act and the

15 alien files an application for asylum based

16 on circumstances described in subsection

17 (b)(1)(A)(ii), the asylum officer shall

18 render, on an expedited basis, a decision

19 on the application.

20 ‘‘(c) ASYLUM STATUS ADJUSTMENTS.—

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

22 regulations as the Attorney General may prescribe,

23 the Attorney General shall adjust to the status of an

24 alien granted asylum the status of any alien granted

25 asylum under subsection (a)(2)(A) who—
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1 ‘‘(A) applies for such adjustment;

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

3 United States for at least 3 years after being

4 granted asylum;

5 ‘‘(C) continues to be eligible for asylum

6 under this section; and

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

8 time of examination for adjustment of status

9 under this subsection.

10 ‘‘(2) TREATMENT OF SPOUSE AND CHIL11 DREN.—A spouse or child (as defined in section

12 101(b)(A), (B), (C), (D), or (E)) of an alien whose

13 status is adjusted to that of an alien granted asylum

14 under paragraph (a)(2) may be granted the same

15 status as the alien if accompanying, or following to

16 join, such alien.

17 ‘‘(3) APPLICATION FEES.—The Attorney Gen18 eral may impose a reasonable fee for the filing of an

19 application for asylum under this subsection.

20 ‘‘(d) DENIAL OF IMMIGRATION BENEFITS FOR FRIV21 OLOUS APPLICATIONS.—

22 ‘‘(1) IN GENERAL.—If the asylum officer deter23 mines that an alien has made a frivolous application

24 for asylum under this section and the alien has re25 ceived the notice under subsection (b)(1)(D)(i), the
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1 alien shall be permanently ineligible for any benefits

2 under this Act, effective as of the date of a final de3 termination on such application.

4 ‘‘(2) TREATMENT OF FRAUDULENT OR MATE5 RIAL MISREPRESENTATIONS.—For purposes of this

6 subsection, an application considered to be ‘frivolous’

7 includes, but is not limited to, an application which

8 is fraudulent or otherwise contains a willful mis9 representation or concealment of a material fact.’’.

10 SEC. 303. FAILURE TO APPEAR FOR ASYLUM HEARING.

11 Section 24B(e)(4) (8 U.S.C. 1252b(e)(4)) is amended

12 in subparagraph (A), by striking all after clause (iii) and

13 inserting ‘‘shall not be eligible for any benefits under this

14 Act.’’.

15 SEC. 304. JUDICIAL REVIEW.

16 (a) Section 235 of the Immigration and Nationality

17 Act (8 U.S.C. 1225) is amended by adding at the end

18 thereof:

19 ‘‘(d) Notwithstanding any other provision of law, no

20 court shall have jurisdiction to review, except by petition

21 for habeas corpus, any determination made with respect

22 to an alien found excludable pursuant to titles I or II of

23 this Act. In any such case, review by habeas corpus shall

24 be limited to examination of whether the petitioner (I) is

25 an alien, and (II) was ordered excluded from the United
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1 States pursuant to the provisions of this Act. Regardless

2 of the nature of the suit or claim, no court shall have juris3 diction except as provided in this paragraph to consider

4 the validity of any adjudication or determination of exclu5 sion, to certify a class in an action challenging the exclu6 sion provisions of this Act or any portion or implementa7 tion thereof, or to provide declaratory or injunctive relief

8 with respect to the exclusion of any alien.

9 ‘‘(e) In any action brought for the assessment of pen10 alties for improper entry or re-entry of an alien under sec11 tions 275, 276, 277 or 278 of the Immigration and Na12 tionality Act, no court shall have jurisdiction to hear

13 claims collaterally attacking the validity of orders of exclu14 sion, or deportation entered under sections 235, 236, or

15 242 of that Act.’’.

16 SEC. 305. CONFORMING AMENDMENTS.

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

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

19 (b) ADJUSTMENT OF STATUS.—Section 209(b) of the

20 Immigration and Nationality Act (8 U.S.C. 1159(b)) is

21 amended—

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

23 inserting ‘‘5 years’’; and

24 (2) by amending paragraph (3) to read as fol25 lows:
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1 ‘‘(3) continues to be eligible for asylum under

2 section 208,’’.

3 (c) ALIENS INELIGIBLE FOR TEMPORARY PRO4 TECTED STATUS.—Section 244A(c)(2)(B)(ii) of the Immi5 gration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)(ii))

6 is amended by striking ‘‘section 243(h)(2)’’ and inserting

7 ‘‘clauses (i), (ii), (iii), or (iv) of section 208(a)(2)(C)’’.

8 (d) ELIGIBILITY FOR NATURALIZATION.—Section

9 316(f)(1) of the Immigration and Nationality Act (8

10 U.S.C. 1427(f)(1)) is amended by striking ‘‘subpara11 graphs (A) through (D) of paragraph 243(h)(2)’’ and in12 serting ‘‘clauses (i), (ii), (iii), or (iv) of section

13 208(a)(2)(C)’’.

14 (e) FAMILY UNITY.—Section 301(e) of the Immigra15 tion Act of 1990 (Public Law 101–649) is amended by

16 striking ‘‘section 243(h)(2)’’ and inserting ‘‘clauses (i),

17 (ii), (iii), or (iv) of section 208(a)(2)(C)’’.

18 SEC. 306. EFFECTIVE DATES.

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

20 amendments made by this title shall take effect on the

21 date of the enactment of this Act.

22 (b) EXCEPTIONS.—

23 (1) The amendments made by this title shall

24 not apply to applications for asylum or withholding

25 of deportation made before the first day of the first
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1 month that begins more than 180 days after the

2 date of the enactment of this Act and no application

3 for asylum under section 208 of the Immigration

4 and Nationality Act (as amended by section 201 of

5 this Act) shall be considered before such first day.

6 (2) In applying section 208(b)(1)(A) of the Im7 migration and Nationality Act (as amended by this

8 title) in the case of an alien who has entered or

9 came to the United States before the first day de10 scribed in paragraph (1), notwithstanding the dead11 lines specified in such section—

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

13 of intention to file an application for asylum is

14 30 days after such first day, and

15 (B) the deadline for the filing of the appli16 cation for asylum is 45 days after the date of

17 filing such notice.

18 (3) The amendments made by section 305(b)

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

20 aliens granted asylum under section 208 of the Im21 migration and Nationality Act, as in effect before

22 the date of the enactment of this Act.
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1 TITLE IV—CRIMINAL ALIENS

2 SEC. 401. EXPANSION IN DEFINITION OF ‘‘AGGRAVATED

3 FELONY’’.

4 (a) EXPANSION IN DEFINITION.—Section 101(a)(43)

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

6 1101(a)(43) is amended to read as follows:

7 ‘‘(43) The term ‘aggravated felony’ means—

8 ‘‘(A) murder;

9 ‘‘(B) any illicit trafficking in any controlled

10 substance (as defined in section 102 of the Con11 trolled Substances Act), including any drug traffick12 ing crime as defined in section 924(c) of title 18,

13 United States Code;

14 ‘‘(C) any illicit trafficking in any firearms or

15 destructive devices as defined in section 921 of title

16 18, United States Code, or in explosive materials as

17 defined in section 841(c) of title 18, United States

18 Code;

19 ‘‘(D) any offense described in (i) section 1956

20 of title 18, United States Code (relating to launder21 ing of monetary instruments) or (ii) section 1957 of

22 such title (relating to engaging in monetary trans23 actions in property derived from specific unlawful

24 activity) if the value of the funds exceeded

25 $100,000;
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1 ‘‘(E) any offense described in—

2 ‘‘(i) subsection (h) or (i) of section 842,

3 title 18, United States Code, or subsection (d),

4 (e), (f), (g), (h), or (i) of section 844 of title 18,

5 United States Code (relating to explosive mate6 rials offenses),

7 ‘‘(ii) paragraph (1), (2), (3), (4), or (5) of

8 section 922(g), or section 922(j), section

9 922(n), section 922(o), section 922(p), section

10 922(r), section 924(b), or section 924(h) of title

11 18, United States Code (relating to firearms of12 fenses), or

13 ‘‘(iii) section 5861 of title 26, United

14 States Code (relating to firearms offenses);

15 ‘‘(F) any crime of violence (as defined in sec16 tion 16 of title 18, United States Code, not includ17 ing a purely political offense) for which the term of

18 imprisonment imposed (regardless of any suspension

19 of such imprisonment) is at least 5 years;

20 ‘‘(G) any theft offense (including receipt of sto21 len property) or any burglary offense, where a sen22 tence of 5 years imprisonment or more may be im23 posed;

24 ‘‘(H) any offense described in section 875, sec25 tion 876, section 877, or section 1202 of title 18,
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1 United States Code (relating to the demand for or

2 receipt of ransom);

3 ‘‘(I) any offense described in section 2251, sec4 tion 2251A or section 2252 of title 18, United

5 States Code (relating to child pornography);

6 ‘‘(J) any offense described in—

7 ‘‘(i) section 1962 of title 18, United States

8 Code (relating to racketeer influenced corrupt

9 organizations), or

10 ‘‘(ii) section 1084 (if it is a second or sub11 sequent offense) or section 1955 of such title

12 (relating to gambling offenses), where a sen13 tence of 5 years imprisonment or more may be

14 imposed;

15 ‘‘(K) any offense relating to commercial brib16 ery, counterfeiting, forgery or trafficking in vehicles

17 whose identification numbers have been altered,

18 where a sentence of 5 years imprisonment or more

19 may be imposed;

20 ‘‘(L) any offense—

21 ‘‘(i) described in section 2421, section

22 2422, or section 2423 of title 18, United States

23 Code (relating to transportation for the purpose

24 of prostitution) for commercial advantage, or
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1 ‘‘(ii) described in section 1581 through

2 1585, or section 1588, of title 18, United

3 States Code (relating to peonage, slavery, and

4 involuntary servitude);

5 ‘‘(M) any offense relating to perjury or sub6 ornation of perjury where a sentence of 5 years im7 prisonment or more may be imposed;

8 ‘‘(N) any offense described in—

9 ‘‘(i) section 793 (relating to gathering or

10 transmitting national defense information), sec11 tion 798 (relating to disclosure of classified in12 formation), section 2153 (relating to sabotage)

13 or section 2381 or section 2382 (relating to

14 treason) of title 18, United States Code, or

15 ‘‘(ii) section 421 of title 50, United States

16 Code (relating to protecting the identity of un17 dercover intelligence agents);

18 ‘‘(O) any offense—

19 ‘‘(i) involving fraud or deceit where the

20 loss to the victim or victims exceeded $200,000;

21 or

22 ‘‘(ii) described in section 7201 of title 26,

23 United States Code (relating to tax evasion),

24 where the tax loss to the Government exceeds

25 $200,000;
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1 ‘‘(P) any offense described in section 274(a)(1)

2 of title 18, United States Code (relating to alien

3 smuggling) for the purpose of commercial advan4 tage;

5 ‘‘(Q) any violation of section 1546(a) of title

6 18, United States Code (relating to document

7 fraud), for the purpose of commercial advantage;

8 ‘‘(R) any offense relating to failing to appear

9 before a court pursuant to a court order to answer

10 to or dispose of a charge of a felony, where a sen11 tence of 2 years or more may be imposed; or any at12 tempt or conspiracy to commit any such act. Such

13 term applies to offenses described in this paragraph

14 whether in violation of Federal or State law and ap15 plies to such offenses in violation of the laws of a

16 foreign country for which the term of imprisonment

17 was completed within the previous 15 years; or

18 ‘‘(S) any felony committed by an alien on or

19 after the date that alien had received a waiver of de20 portation under sections 212 or 241 of this Act (8

21 U.S.C. 1182 or 1251) after commission of a prior

22 felony.’’.

23 (b) EFFECTIVE DATE.—The amendments made by

24 this section shall apply to all convictions entered before,

25 on, or after the date of enactment of this Act.
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1 SEC. 402. DEPORTATION PROCEDURES.

2 (a) ELIMINATION OF ADMINISTRATIVE HEARING FOR

3 CERTAIN CRIMINAL ALIENS.—Section 242A of the Immi4 gration and Nationality Act (8 U.S.C. 1252a) is amended

5 by adding at the end the following:

6 ‘‘(c) DEPORTATION OF ALIENS WHO ARE NOT PER7 MANENT RESIDENTS.—

8 ‘‘(1) Notwithstanding section 242, and subject

9 to paragraph (5), the Attorney General may issue a

10 final order of deportation against any alien described

11 in paragraph (2) whom the Attorney General deter12 mines to be deportable under section

13 241(a)(2)(A)(iii) (relating to conviction of an aggra14 vated felony).

15 ‘‘(2) An alien is described in this paragraph if

16 the alien—

17 ‘‘(A) was not lawfully admitted for perma18 nent residence at the time that proceedings

19 under this section commenced, or

20 ‘‘(B) had permanent resident status on a

21 conditional basis (as described in section 216)

22 at the time that proceedings under this section

23 commenced.

24 ‘‘(3) The Attorney General may delegate the

25 authority in this section to the Commissioner or to

26 any District Director of the Service.
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1 ‘‘(4) No alien described in this section shall be

2 eligible for—

3 ‘‘(A) any relief from deportation that the

4 Attorney General may grant in his discretion,

5 or

6 ‘‘(B) relief under section 243(h).

7 ‘‘(5) The Attorney General may not execute any

8 order described in paragraph (1) until 14 calendar

9 days have passed from the date that such order was

10 issued, in order that the alien has an opportunity to

11 apply for judicial review under section 106.’’.

12 (b) LIMITED JUDICIAL REVIEW.—Section 106 of the

13 Immigration and Nationality Act (8 U.S.C. 1105a) is

14 amended—

15 (1) in the first sentence of subsection (a), by in16 serting ‘‘or pursuant to section 242A’’ after ‘‘under

17 section 242(b)’’;

18 (2) in subsection (a)(1) and subsection (a)(3),

19 by inserting ‘‘(including an alien described in section

20 242(A)’’ after ‘‘aggravated felony’’; and

21 (3) by adding at the end the following new sub22 section;

23 ‘‘(d) Notwithstanding subsection (c), a petition for

24 review or for habeas corpus on behalf of an alien described

25 in section 242A(c) may only challenge whether the alien
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1 is in fact as alien described in such section, and no court

2 shall have jurisdiction to review any other issue.’’.

3 (c) TECHNICAL AND CONFORMING CHANGES.—Sec4 tion 242A of the Immigration and Nationality Act (8

5 U.S.C. 1252a) is amended as follows:

6 (1) In subsection (a)—

7 (A) by striking ‘‘(a) IN GENERAL.—’’ and

8 inserting ‘‘(b) DEPORTATION OF PERMANENT

9 RESIDENT ALIENS.—(1) IN GENERAL.—’’; and

10 (B) by inserting in the first sentence ‘‘per11 manent resident’’ after ‘‘correctional facilities

12 for’’;

13 (2) In subsection (b)—

14 (A) by striking ‘‘(b) IMPLEMENTATION.—’’

15 and inserting ‘‘(2) IMPLEMENTATION.—’’; and

16 (B) by striking ‘‘respect to an’’ and insert17 ing ‘‘respect to a permanent resident’’;

18 (3) By striking out subsection (c);

19 (4) In subsection (d)—

20 (A) by striking ‘‘(d) EXPEDITED PRO21 CEEDINGS.—(1)’’ and inserting ‘‘(3) EXPE22 DITED PROCEEDINGS.—(A)’’;

23 (B) by inserting ‘‘permanent resident’’

24 after ‘‘in the case of any’’; and

25 (C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;
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1 (5) In subsection (e)—

2 (A) by striking ‘‘(e) REVIEW.—(1)’’ and

3 inserting ‘‘(4) REVIEW.—(A)’’;

4 (B) by striking the second sentence; and

5 (C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’.

6 (6) By inserting after the section heading the

7 following new subsection:

8 ‘‘(a) PRESUMPTION OF DEPORTABILITY.—An alien

9 convicted of an aggravated felony shall be conclusively pre10 sumed to be deportable from the United States.’’.

11 (7) The heading of such section is amended to

12 read as follows:

13 ‘‘EXPEDITED DEPORTATION OF ALIENS CONVICTED OF

14 COMMITTING AGGRAVATED FELONIES’’.

15 (d) EFFECTIVE DATE.—The amendments made by

16 this section shall apply to all aliens against whom deporta17 tion proceedings are initiated after the date of enactment

18 of this Act.

19 SEC. 403. JUDICIAL DEPORTATION.

20 (a) JUDICIAL DEPORTATION.—Section 242A of the

21 Immigration and Nationality Act (8 U.S.C. 1252a) is

22 amended by inserting at the end the following new sub23 section:

24 ‘‘(d) JUDICIAL DEPORTATION.—

25 ‘‘(1) AUTHORITY.—In any criminal case subject

26 to the jurisdiction of any court of the United States
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1 or of any State, such court may enter a judicial

2 order of deportation at the time of sentencing

3 against an alien whose criminal conviction causes

4 such alien to be deportable under section

5 241(a)(2)(A)(iii) (relating to conviction of a felony).

6 ‘‘(2) DENIAL OF JUDICIAL ORDER.—Denial of a

7 request for a judicial order of deportation shall not

8 preclude the Attorney General from initiating depor9 tation proceedings pursuant to section 242 upon the

10 same ground of deportability or upon any other

11 ground of deportability provided under section

12 241(a).’’.

13 (b) TECHNICAL AND CONFORMING CHANGES.—The

14 ninth sentence of section 242(b) of the Immigration and

15 Nationality Act (8 U.S.C. 1252(b)) is amended by striking

16 out ‘‘The’’ and inserting in lieu thereof, ‘‘Except as pro17 vided in section 242A(d), the’’.

18 (c) EFFECTIVE DATE.—The amendments made by

19 this section shall apply to all aliens whose adjudication of

20 guilt or guilty plea is entered in the record after the date

21 of enactment of this Act.

22 SEC. 404. DEFENSES TO DEPORTATION.

23 (a) DEFENSES BASED ON SEVEN YEARS OF PERMA24 NENT RESIDENCE.—The last sentence of section 212(c)

25 of the Immigration and Nationality Act (8 U.S.C.
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1 1182(c)) is amended by striking out ‘‘has served for such

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

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

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

5 5 years: Provided, That the time for appealing such con6 viction or sentence has expired and the sentence has be7 come final.’’.

8 (b) DEFENSES BASED ON WITHHOLDING OF DEPOR9 TATION.—Section 243(h)(2) of the Immigration and Na10 tionality Act (8 U.S.C. 1253(h)(2)) is amended by—

11 (1) striking out the final sentence and inserting

12 in lieu thereof the following new subparagraph:

13 ‘‘(E) the alien has been convicted of a fel14 ony.’’; and

15 (2) striking out the ‘‘or’’ at the end of subpara16 graph (C) and inserting ‘‘or’’ at the end of subpara17 graph (D).

18 SEC. 405. ENHANCED PENALTIES FOR REENTRY OR FAIL19 URE TO DEPART.

20 (a) FAILURE TO DEPART.—Section 242(e) of the Im21 migration and Nationality Act (8 U.S.C. 1252(e)) is

22 amended—

23 (1) by striking out ‘‘paragraph (2), (3), or 4

24 of’’ the first time it appears, and
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1 (2) by striking out ‘‘shall be imprisoned not

2 more than ten years’’ and inserting in lieu thereof,

3 ‘‘shall be imprisoned not more than two years, or

4 shall be imprisoned not more than ten years if the

5 alien is a member of any of the classes described in

6 paragraph (2), (3), or (4) of section 241(a)’’.

7 (b) REENTRY.—Section 276(b) of the Immigration

8 and Nationality Act (8 U.S.C. 1326(b)) is amended—

9 (1) in paragraph (1), by (A) inserting after

10 ‘‘commission of’’ the following: ‘‘two or more mis11 demeanors or’’, and (B) striking out ‘‘5’’ and insert12 ing in lieu thereof ‘‘10’’,

13 (2) in paragraph (2), by striking out ‘‘15’’ and

14 inserting in lieu thereof ‘‘20’’, and

15 (3) by adding at the end the following sentence:

16 ‘‘For the purposes of this subsection, the term ‘de17 portation’ shall include any agreement where an

18 alien stipulates to deportation during a criminal trial

19 under either Federal or State law.’’.

20 (c) COLLATERAL ATTACKS ON UNDERLYING DEPOR21 TATION ORDER.—Section 276 of the Immigration and Na22 tionality Act (8 U.S.C. 1326) is amended by inserting

23 after subsection (b) the following new subsection:
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1 ‘‘(c) In any criminal proceeding under this section,

2 no alien may challenge the validity of the deportation

3 order described in subsection (a)(1) or subsection (b).’’.

4 SEC. 406. DEPORTATION OF IMPRISONED ALIENS.

5 Section 242(h) of the Immigration and Nationality

6 Act (8 U.S.C. 1252(h)) is amended to read as follows:

7 ‘‘(h)(1) Except as provided in paragraph (2), an alien

8 sentenced to imprisonment may not be deported until such

9 imprisonment has been terminated by the release of the

10 alien from confinement. Parole, supervised release, proba11 tion, or possibility of rearrest or further confinement in

12 respect of the same offense shall not be a ground for defer13 ral of deportation.

14 ‘‘(2) The Attorney General may deport an alien prior

15 to the completion of a sentence of imprisonment—

16 ‘‘(A) in the case of an alien in the custody of

17 the Attorney General, if the Attorney General deter18 mines that the alien has been adequately punished

19 and that such deportation of the alien is appro20 priate; or

21 ‘‘(B) in the case of an alien in the custody of

22 a State, if the chief State official exercising author23 ity with respect to the incarceration of the alien de24 termines (i) that the alien has been adequately pun25 ished and that such deportation is appropriate, and
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1 (ii) submits a written request to the Attorney Gen2 eral that such alien be so deported.’’.

3 SEC. 407. JUDICIAL ORDER OF DEPORTATION.

4 (a) IN GENERAL.—Subchapter A of chapter 227 of

5 title 18, United States Code, is amended by adding at the

6 end the following:

7 ‘‘§ 3560. Order of Deportation for certain aliens

8 ‘‘The court, upon sentencing an individual who is an

9 alien for an aggravated felony (as defined in section

10 101(a)(43) of the Immigration and Nationality Act, shall

11 include in a sentencing order a declaration that the indi12 vidual is deportable. And presentence report required

13 under the Rules of Criminal Procedure with respect to the

14 sentencing of any individual for such a felony shall include

15 whether or not such individual is an alien.’’.

16 (b) CLERICAL AMENDMENT.—The table of sections

17 at the beginning of subchapter A of chapter 227 of title

18 18, United States Code, is amended by adding at the end

19 the following new item:

‘‘3560. Order of deportation for certain aliens.’’.

20 (c) DEPORTATION PROCEDURES.—Section 242A of

21 the Immigration and Nationality Act (18 U.S.C. 1252a)

22 is amended by adding at the end the following:

23 ‘‘(f) DEPORTATION PURSUANT TO A JUDICIAL

24 ORDER.—An alien subject to a judicial order of deporta-
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1 tion under section 3560 of title 18, United States Code,

2 shall be deported consistent with section 242(h).’’.

3 SEC. 408. FEDERAL INCARCERATION.

4 (a) FEDERAL INCARCERATION.—Section 242 of the

5 Immigration and Nationality Act (8 U.S.C. 1252) is

6 amended by adding at the end the following:

7 ‘‘(j)(1) The Attorney General shall take into the cus8 tody of the Federal Government, and shall incarcerate for

9 a determinate sentence of imprisonment, a criminal alien

10 described in paragraph (3) if—

11 ‘‘(A) the chief State official exercising authority

12 with respect to the incarceration of the undocu13 mented criminal alien submits a written request to

14 the secretary;

15 ‘‘(B) the undocumented criminal is sentenced to

16 a determinate term of imprisonment;

17 ‘‘(C) the State in which the official described in

18 paragraph A exercises authority cooperates, and re19 quires local governments or agencies in such State

20 to cooperate, with Federal immigration authorities

21 with respect to the identification, location, arrest,

22 prosecution, detention, and deportation of aliens who

23 are not lawfully present in the United States; and

24 ‘‘(D) adequate Federal facilities are available

25 for the incarceration of the criminal alien.
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1 ‘‘(2) Criminal aliens taken into the custody of the At2 torney General under paragraph (1) may be deported

3 under subsection (h)(2)(A).

4 ‘‘(3) An alien is described in this paragraph if the

5 alien—

6 ‘‘(A) has been convicted of a felony and sen7 tenced to a term of imprisonment, and

8 ‘‘(B)(i) had entered the United States without

9 inspection or at any time or place other than as des10 ignated by the Attorney General, or

11 ‘‘(ii) was the subject of exclusion or deportation

12 proceedings at the time he or she was taken into

13 custody by the State.’’.

14 SEC. 409. INCREASED PENALTY FOR VISA FRAUD.

15 (a) FALSE STATEMENT.—Section 1542 of title 18,

16 United States Code, is amended by striking ‘‘fined not

17 more than $2,000 or imprisoned not more than five years,

18 or both’’ and inserting ‘‘fined under this title or impris19 oned not more than 10 years, or both’’.

20 (b) FORGERY.—Section 1543 of title 18, United

21 States Code, is amended by striking ‘‘fined not more than

22 $2,000 or imprisoned not more than five years, or both’’

23 and inserting ‘‘fined under this title or imprisoned not

24 more than 10 years, or both’’.
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1 (c) MISUSE OF PASSPORT.—Section 1544 of title 18,

2 United States Code, is amended by striking ‘‘fined not

3 more than $2,000 or imprisoned not more than five years,

4 or both’’ and inserting ‘‘fined under this title or impris5 oned not more than 10 years, or both’’.

6 (d) SAFE CONDUCT VIOLATION.—Section 1545 of

7 title 18, United States Code, is amended by striking

8 ‘‘fined not more than $2,000 or imprisoned not more than

9 three years, or both’’ and inserting ‘‘fined under this title

10 or imprisoned not more than 10 years, or both’’.

11 (e) FRAUD AND MISUSE OF VISAS.—Section 1546(a)

12 of title 18, United States Code, is amended by striking

13 ‘‘fined not more than $2,000 or imprisoned not more than

14 five years, or both’’ and inserting ‘‘fined under this title

15 or imprisoned not more than 10 years, or both’’.

16 SEC. 410. NOTIFICATION OF ALIEN ARREST.

17 Whenever a State or local law enforcement agency ar18 rests an immigrant or nonimmigrant alien for the commis19 sion of a felony, that State or local law enforcement agen20 cy shall provide the District Director of the Immigration

21 and Naturalization Service for the district in which the

22 State or local law enforcement agency has jurisdiction the

23 following information within 72 hours of the arrest: the

24 name of the alien; the alien’s place of birth; the alien’s

25 date of birth; the alien’s alien registration number, if any;
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1 the nature of the offense for which the alien was arrested;

2 and any available information on bond, future hearings

3 and proceedings.

4 SEC. 411. EXCLUDABILITY OF UNLAWFUL ENTRANTS.

5 Section 204(c) of the Immigration and Nationality

6 Act is amended by adding a comma after the word ‘‘laws’’

7 the first time it appears, striking the word ‘‘or’’ prior to

8 ‘‘(2)’’ and inserting the following before the period: ‘‘or

9 (3) the petition was submitted by or on behalf of any alien

10 who entered or attempted to enter the United States un11 lawfully, who entered or attempted to enter with fraudu12 lent, forged or stolen documents, who failed to present the

13 immigration officer any document produced when the alien

14 boarded a common carrier for travel to the United States,

15 or who entered the United States lawfully as a non16 immigrant but violated the terms of his or her non17 immigrant visa’’.

18 SEC. 412. EXCLUSION OF IMMIGRATION LAW VIOLATORS.

19 (a) EXCLUSION OF CRIMINAL ALIEN.—Section

20 212(a)(2)(A)(i) of the Immigration and Nationality Act

21 (8 U.S.C. 1182(a)(2)(A)(i)) is amended by striking ‘‘or’’

22 at the end of subparagraph (I) and inserting the following

23 new subparagraph prior to the phrase ‘‘is excludable’’: ‘‘or

24 (III) any violation of any immigration law or any violation
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1 of any federal or State statute prohibiting fraud, including

2 any statutes prohibiting income tax evasion’’.

3 (b) EXCLUSION REFORM.—Section 212 of the Immi4 gration and Nationality Act (8 U.S.C. 1182) is amended

5 by striking paragraph (c) and inserting the following as

6 new paragraph (c):

7 ‘‘(c) Aliens lawfully admitted for permanent residence

8 who temporarily proceeded abroad voluntarily and not

9 under an order of deportation shall not be admitted if that

10 alien is excludable under paragraph (a).’’.

11 SEC. 413. MISCELLANEOUS AND TECHNICAL CHANGES.

12 (a) FORM OF DEPORTATION HEARINGS.—The sec13 ond sentence of section 242(b) of the Immigration and

14 Nationality Act (8 U.S.C. 1252(b)) is amended by insert15 ing before the period the following: ‘‘; except that nothing

16 in this subsection shall preclude the Attorney General

17 from authorizing proceedings by electronic or telephonic

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

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

20 alien’’.

21 (b) CONSTRUCTION OF EXPEDITED DEPORTATION

22 REQUIREMENTS.—No amendment made by this Act and

23 nothing in section 242(i) of the Immigration and Nation24 ality Act (8 U.S.C. 1252(i)), shall be construed to create

25 any right or benefit, substantive or procedural, which is
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1 legally enforceable by any party against the United States,

2 its agencies, its officers, or any other person.

3 TITLE V—FINANCIAL RESPONSIBILITY

4 SEC. 501. PUBLIC CHARGE DEFINED.

5 Section 212(a) of the Immigration and Nationality

6 Act (8 U.S.C. 1182(a)(4)) is amended by striking para7 graph (4) and inserting:

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

9 demonstrate to the consular officer at the time of

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

11 the time of application for admission or adjustment

12 of status, that, taking into account the alien’s age

13 and medical condition, he or she has assets, edu14 cation, skills, or a combination thereof that make it

15 very unlikely that he or she will become eligible for

16 means-tested public assistance of any kind (includ17 ing, but not limited to, medical care or food and

18 housing assistance) or will otherwise become a public

19 charge is excludable.’’.

20 SEC. 502. GUARANTEE OF FINANCIAL RESPONSIBILITY.

21 The Immigration and Nationality Act is amended by

22 striking section 213 (8 U.S.C. 1183) and inserting:

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

24 ‘‘(a) An alien excludable under paragraph 4 of Sec25 tion 212(a) may, if otherwise admissible, be admitted in
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1 the discretion of the Attorney General upon the giving of

2 a suitable and proper bond and a guarantee of financial

3 responsibility by an individual (hereinafter in this section

4 referred to as the alien’s ‘sponsor’) who is not less than

5 21 nor more than 60 years of age, is of good moral char6 acter, has never been convicted of a felony, has never filed

7 for bankruptcy or been adjudicated a bankrupt, and is a

8 citizen of the United States or an alien lawfully admitted

9 for permanent residence.

10 ‘‘(b) The guarantee of financial responsibility in sub11 section (a) must provide (1) that the sponsor, and the

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

13 case of an alien under 21 years of age, to assume legal

14 custody for the alien after the alien’s departure to the

15 United States and until the alien becomes 21 years of age,

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

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

18 the 5-year period beginning on the date of the alien’s ac19 quiring the status of an alien lawfully admitted for perma20 nent residence, or during the period beginning on the date

21 of the alien’s acquiring the status of an alien lawfully ad22 mitted for permanent residence and ending on the date

23 on which the alien becomes 21 years of age, whichever pe24 riod is longer, such financial support as is necessary to

25 prevent the alien’s becoming a public charge.
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1 ‘‘(c) A guarantee of financial responsibility given

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

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

4 General or by any Federal or State agency that has pro5 vided the alien means-tested public assistance of any kind,

6 including but not limited to medical, food, and housing

7 assistance.

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

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

10 the defendant resides and may be brought at any time on

11 or before the date that is 5 years after the date on which

12 the sponsor’s period of financial responsibility under sub13 section (a) expired.

14 ‘‘(e) The bond required of an alien’s sponsor by sub15 section (a) shall be in favor of the United States and all

16 States, territories, countries, towns, municipalities, and

17 districts within the United States and shall hold them

18 harmless against the alien’s becoming a public charge. The

19 bond shall be in such amount and shall contain such condi20 tions as the Attorney General may prescribe. The bond

21 shall terminate upon (1) the alien’s permanent departure

22 from the United States, (2) the death of an alien, or (3)

23 the expiration of the period of financial responsibility de24 scribed in subsection (b), whichever occurs first, and any

25 sums or other security held to secure performance thereof,
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1 except to the extent forfeited for violation of the terms

2 thereof, shall be returned to the person by whom fur3 nished, or to his legal representative.’’.

4 SEC. 503. LIMITED BENEFITS FOR ILLEGAL ALIENS.

5 (a) DIRECT FEDERAL FINANCIAL BENEFITS.—Not6 withstanding any other provision of law, no direct Federal

7 financial benefit or social insurance benefit may be paid,

8 conferred, or otherwise given, on or after the date of en9 actment of this Act, to any alien not lawfully admitted

10 to the United States as a permanent resident or a refugee

11 except pursuant to a provision of the Immigration and Na12 tionality Act: Provided, however, That Federal reimburse13 ment of emergency medical care provided to such an alien

14 may be provided under such regulations as the Secretary

15 of Health and Human Services may in his or her discre16 tion prescribe.

17 (b) UNEMPLOYMENT BENEFITS.—No alien who has

18 not been granted employment authorization pursuant to

19 Federal law shall be eligible for unemployment compensa20 tion under an unemployment compensation law of a State

21 or the United States.

22 TITLE VI—EMPLOYER SANCTIONS

23 SEC. 601. IMPLEMENTATION OF GAO RECOMMENDATIONS.

24 (a) WORK ELIGIBILITY DOCUMENTS.—Effective

25 January 1, 1995, Section 274A of the Immigration and
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1 Nationality Act (8 U.S.C. 1324a) is amended by striking

2 subparagraphs (A) through (D) of subsection (b)(1) and

3 inserting:

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

5 must attest, under penalty of perjury and on a

6 form designated or established by the Attorney

7 General by regulation, that it has verified that

8 the individual is not an unauthorized alien by—

9 ‘‘(i) examining the document de10 scribed in (B) in the case of an individual

11 claiming to be a United States citizen,

12 United States national,

13 ‘‘(ii) examining the document de14 scribed in paragraph (C) in the case of an

15 individual not claiming to be a United

16 States citizen, a United States national, or

17 a permanent resident alien, and

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

19 Security account number to the Social Se20 curity Administration through the tele21 phone verification system established pur22 suant to section 602 of the Immigration

23 Stabilization Act of 1993.

24 ‘‘(B) DOCUMENTS OF CITIZENS AND NA25 TIONALS.—The document described in this
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1 paragraph is an individual’s Social Security ac2 count number card issued pursuant to section

3 601(c) of the Immigration Stabilization Act of

4 1993.

5 ‘‘(C) DOCUMENTS OF ALIENS.—The docu6 ment described in this paragraph is an alien’s

7 identification card issued by the Immigration

8 and Naturalization Service pursuant to section

9 601(b) of the Immigration Stabilization Act of

10 1993.’’.

11 (b) IMPROVEMENT OF ALIEN IDENTITY CARDS.—

12 (1) PERMANENT RESIDENT ALIENS.—The At13 torney General shall cause to be issued to every alien

14 acquiring lawful permanent residence in the United

15 States after June 30, 1994, and, upon application,

16 to any alien who acquired lawful permanent resi17 dence before July 1, 1994, an alien identification

18 card that shall—

19 (A) be uniform in appearance,

20 (B) be as tamper-proof and counterfeit-re21 sistant as practicable,

22 (C) contain a photograph and fingerprint,

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

24 and such other identifying information as the

25 Attorney General shall determine, and
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1 (E) incorporate a machine-readable encod2 ing of the information displayed on the card.

3 (2) OTHER ALIENS.—The Attorney General

4 shall cause to be issued to every alien who becomes

5 authorized to work in the United States after June

6 30, 1994, other than by reason of lawful admission

7 for permanent residence, and shall cause to be is8 sued, upon application, to any other alien who is au9 thorized to work in the United States other than by

10 reason of lawful admission for permanent residence

11 an alien identification card that shall—

12 (A) be uniform in appearance,

13 (B) be as tamper-proof and counterfeit-re14 sistant as practicable,

15 (C) contain a photograph and fingerprint,

16 (D) display the alien’s name, sex, date of

17 birth, place of birth, and such other identifying

18 information as the Attorney General shall de19 termine,

20 (E) show an expiration date that shall be

21 determined in accordance with regulations is22 sued by the Attorney General, but shall not in

23 any case be later than three calendar years

24 after the date of issuance, and
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1 (F) incorporate a machine-readable encod2 ing of the information displayed on the card.

3 (c) IMPROVEMENT OF SOCIAL SECURITY CARDS.—

4 (1) IMPROVED CARD FOR CITIZENS.—The Sec5 retary shall cause to be issued improved Social Secu6 rity account number cards to United States citizens

7 and United States nationals upon application, proof

8 of identity, proof of citizenship or nationality, and

9 payment of a reasonable fee.

10 (2) IMPROVED CARD FOR ALIENS.—The Sec11 retary shall cause to be issued improved Social Secu12 rity account number cards to aliens lawfully admit13 ted for permanent residence upon application, proof

14 of identity, verification of status by the Immigration

15 and Naturalization Service, and payment of a rea16 sonable fee.

17 (3) REQUIREMENTS.—The cards described in

18 paragraphs (1) and (2) shall—

19 (A) be uniform in appearance,

20 (B) be as tamper-proof and counterfeit-re21 sistant as practicable,

22 (C) contain a photograph and fingerprint,

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

24 place of birth, and Social Security account

25 number of the issuee, and such other identify-
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1 ing information as the Secretary shall deter2 mine, and

3 (E) incorporate a machine-readable encod4 ing of the information displayed on the card.

5 (4) SECRETARY DEFINED.—For purposes of

6 this subsection, Secretary means the Secretary of

7 Health and Human Services.

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

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

10 the amount (rounded to the nearest whole dollar), not ex11 ceeding $50, required to cover the costs of issuing the

12 card.

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

14 number card or alien identification card shall be issued

15 after June 30, 1994, whether as an original card or as

16 a replacement, that does not satisfy the requirements of

17 this section.

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

19 (1) ‘‘State’’ means one of the United States,

20 the District of Columbia, or Puerto Rico, and

21 (2) ‘‘place of birth’’ means, for an individual—

22 (A) born in a State, the two-letter symbol

23 used by the United States Post Office to iden24 tify that State, or
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1 (B) not born in a State, such two-letter

2 symbol as the Secretary shall determine by reg3 ulations.

4 SEC. 602. VERIFICATION BY TELEPHONE.

5 (a) SOCIAL SECURITY DATABASE.—By September

6 30, 1994, the Secretary of Health and Human Services

7 shall make such modifications to the Social Security ac8 count number data base (NUMIDENT) as are practicable

9 and enable confirmation through the telephone verification

10 system described in subsection (d) that a Social Security

11 account number has been issued to an individual identified

12 by last name, sex, year of birth, and place of birth and

13 that such individual is not known to the Secretary of

14 Health and Human Services to be an alien not authorized

15 to work in the United States. At a minimum the data base

16 shall be modified to enable confirmation that a Social Se17 curity account number is not assigned to an individual au18 thorized to work in the United States because the num19 ber—

20 (1) has not been issued,

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

22 Secretary of Health and Human Services as not au23 thorized to work,

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

25 has not been reissued, or
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1 (4) was issued to an alien that any data base

2 of the Immigration and Naturalization Service shows

3 is not authorized to work in the United States.

4 The Attorney General shall provide such assistance as the

5 Secretary of Health and Human Services may require to

6 merge or otherwise make use of any data base of the Im7 migration and Naturalization Service for the purposes of

8 this section.

9 (b) EXCHANGE OF INFORMATION.—The Attorney

10 General shall notify the Secretary of Health and Human

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

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

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

14 Human Services shall furnish the Attorney General with

15 a list of any aliens for whom confirmation of work eligi16 bility has been requested not later than 5 calendar days

17 after such request. Such list shall include the telephone

18 number from which the request was made and the em19 ployer identification number of the requester.

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

21 and Human Services shall furnish to the Attorney General

22 a copy of any application (including supporting docu23 mentation) for a Social Security account number by an

24 alien or by an individual over 16 years of age who claims
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1 to be a United States citizen or national and shall not

2 issue a number before the earlier of the following dates:

3 (1) The date on which the Attorney General

4 confirms in writing that his records do not show

5 that the applicant is an alien unauthorized to work

6 in the United States.

7 (2) 60 days after a copy of the application and

8 supporting documentation has been delivered to the

9 Attorney General.

10 (d) TELEPHONE VERIFICATION SYSTEM.—Before

11 January 1, 1995, the Secretary of Health and Human

12 Services shall test and place in operation a system whereby

13 an employer can report by touch-tone telephone his em14 ployer identification number and the Social Security ac15 count number, last name, sex, year of birth, and place of

16 birth of any individual who is to be employed and can re17 ceive immediate confirmation that the number was issued

18 to the individual having that identity and that such person

19 is not identified within the Social Security account number

20 data base as an individual who is not a United States citi21 zen, a United States national, or an alien authorized to

22 work in the United States. The charge for each call will

23 be sufficient to cover the costs of operating the system,

24 except that it shall not exceed $2 plus any line charges

25 payable to the telephone carrier. The system shall provide
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1 for access to a live operator if an entry is not accepted

2 or confirmed, shall provide a verification code to the caller,

3 shall create and maintain a record of each inquiry (includ4 ing the telephone number of the requester) and its ver5 ification code for not less than two years, and shall accom6 modate devices that read the magnetic strip incorporated

7 by a card issued under section 601.

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

9 verification system established by subsection (d) by a per10 son other than—

11 (1) an employer acting pursuant to Section

12 274A(b)(1) of the Immigration and Nationality Act,

13 or

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

15 United States or of any State acting in the perform16 ance of official duties,

17 shall be punishable by a fine of not more than $1,000 per

18 occurrence.

19 SEC. 603. UNIFORM VITAL STATISTICS.

20 The Secretary of Health and Human Services shall

21 consult with the State agency responsible for registration

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

23 of the date of enactment of this Act, shall establish a na24 tional electronic network linking the vital statistics records

25 of such States. The network shall provide, where practical,
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1 for the matching of deaths with births and shall enable

2 the confirmation of births and deaths of citizens of the

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

4 any Federal or State agency or official in the performance

5 of official duties. The Secretary shall institute measures

6 to achieve uniform and accurate reporting of vital statis7 tics into the national network, to protect the integrity of

8 the registration and certification process, and to prevent

9 fraud against the Government and other persons through

10 the use of false birth or death certificates.

11 TITLE VII—BORDER SECURITY

12 SEC. 701. BORDER PATROL PERSONNEL.

13 The number of full-time officer positions in the bor14 der patrol of the Immigration and Naturalization Service

15 shall be increased to 5,900 in fiscal year 1994, 6,900 in

16 fiscal year 1995, 7,900 in fiscal year 1996, 8,900 in fiscal

17 year 1997, and 9,900 in fiscal year 1998.

18 SEC. 702. BORDER CROSSING FEE.

19 The Commissioner shall collect a user fee for each

20 entry into the United States by land or by sea after De21 cember 31, 1993. The fee shall be $3 for each person en22 tering other than by private automobile, van, or truck and

23 $5 for each private automobile, van, or truck. The Com24 missioner by regulation may establish a reduced fee or a

25 multiple-crossing fee for frequent border crossers.
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1 SEC. 703. BORDER CONTROL TRUST FUND.

2 There is established a Border Control Trust Fund

3 (‘‘Fund’’) under the control of the Commissioner. The fees

4 collected under section 702 shall be deposited into the

5 Fund. Amounts deposited into the Fund and the earnings

6 thereon shall be expended by the Commissioner exclusively

7 on (1) measures, personnel, structures, and devices to

8 deter and prevent illegal entry of persons and contraband

9 into the United States by land or by sea, (2) construction

10 and operation of facilities to expedite lawful border traffic

11 and reduce, where practical, extensive delays in the time

12 required for lawful entry of goods and persons, and (3)

13 financial and other assistance to State and local law en14 forcement agencies that have entered into cooperative ar15 rangements with the Immigration and Naturalization

16 Service. Not less than 80 percent of the sum of (a)

17 amounts deposited into the Fund during a fiscal year and

18 (b) the earnings of the Fund during that fiscal year shall

19 be expended during that or the subsequent fiscal year.

20 SEC. 704. RESPONSIBILITY OF INTERNATIONAL CARRIERS.

21 (A) IN GENERAL.—Section 273 of the Immigration

22 and Nationality Act (8 U.S.C. 1323) is amended—

23 (1) in subsection (a), by striking ‘‘(other than

24 from foreign contiguous territory)’’;

25 (2) by redesignating subsections (c) and (d) as

26 subsections (e) and (f), respectively;
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1 (3) by inserting after subsection (b) the follow2 ing:

3 ‘‘(c) RECORDS.—The Attorney General shall main4 tain a record of each undocumented alien arriving on or

5 after the date of enactment of this subsection at a United

6 States port of entry and of the carrier which brought such

7 alien to that port of entry.’’;

8 (4) by inserting after subsection (c) (as added

9 by paragraph (4)), the following:

10 ‘‘(d) REPEAT OFFENSES.—(1) If the Attorney Gen11 eral determines that, during the preceding calendar year,

12 any carrier has delivered an average of more than 0.5 un13 documented aliens per arrival at United States ports of

14 entry then, for the next calendar year, in lieu of the pen15 alty of $3,000 specified in subsection (b), such carrier

16 shall pay to the Attorney General a penalty of $10,000

17 for each alien brought in violation of subsection (a) or,

18 alternatively, such carrier may choose to participate in a

19 1-year pilot program intended to reduce the number of

20 undocumented aliens arriving at United States ports of

21 entry via international carriers. If such international car22 rier chooses to participate in the 1-year pilot program,

23 that carrier will be subject to the penalty levels prescribed

24 in subsection (b), rather than the increased penalty levels

25 specified in this subsection, for each alien brought in viola-
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1 tion of subsection (a). The 1-year pilot program, which

2 can be extended for multiple years at the discretion of the

3 Attorney General, shall consist of a program whereby the

4 international carrier collects the travel documents nec5 essary for entry into the United States from all passengers

6 upon their entry to the carrier and physically returns them

7 to the passengers on an individual basis only at the actual

8 point of inspection at the United States port of entry by

9 United States immigration officials.

10 ‘‘(2) If the Attorney General determines that, during

11 the preceding calendar year, any carrier has delivered an

12 average of more than 1.5 undocumented aliens per arrival

13 at United States ports of entry, then, for the next calendar

14 year, in lieu of the penalties specified in subsection (b)

15 and in paragraph (1) of this subsection, such carrier shall

16 pay to the Attorney General a penalty of $20,000 for each

17 alien brought in violation of subsection (a).

18 ‘‘(3) If the Attorney General determines that, in the

19 preceding calendar year, any carrier has delivered an aver20 age of more than 2 undocumented aliens per arrival at

21 United States ports of entry, then such carrier shall forfeit

22 all landing rights in the United States for the next cal23 endar year.’’; and

24 (5) subsection (e) (as redesignated) is amend25 ed—
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1 (A) by inserting after ‘‘refunded.’’ the fol2 lowing: ‘‘Unless the alien transported is granted

3 political asylum status in the United States or’’;

4 and

5 (B) by inserting before the period at the

6 end thereof ‘‘or that the visa or other immigra7 tion documentation presented to the carrier was

8 forged, counterfeit, altered, falsely made, stolen,

9 or inapplicable to the alien presenting the docu10 ment’’.

11 (b) EFFECTIVE DATE.—The amendment made by

12 subsection (a)(4) shall take effect on January 1 of the sec13 ond calendar year following the date of enactment of this

14 Act.

15 TITLE VIII—ALIEN SMUGGLING

16 SEC. 801. COOPERATIVE ARRANGEMENTS.

17 The Secretary of State shall undertake to enter into,

18 on behalf of the United States, cooperative arrangements

19 with appropriate foreign governments for the purpose of

20 preventing the unlawful entry of aliens by land, air, or

21 sea.

22 SEC. 802. COAST GUARD INSTRUCTIONS.

23 The Secretary of Defense, in consultation, when ap24 propriate, with the Attorney General and the Secretary of

25 State, shall instruct the Coast Guard to deter and prevent
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1 the unlawful entry of aliens into the United States by sea.

2 Such instructions shall include directives providing for

3 stopping and boarding vessels, making inquiries of persons

4 and inspecting documents and property on board such ves5 sels, and returning a vessel to the country from which it

6 came or to another country. In the case of vessels outside

7 the territorial sea of the United States, such instructions

8 shall be limited to vessels of the United States, vessels

9 without nationality, vessels assimilated to vessels without

10 nationality, and vessels of foreign nations with which the

11 United States has arrangements authorizing the United

12 States to stop and board such vessels. Except as otherwise

13 provided in the preceding sentence, actions pursuant to

14 this section are authorized to be undertaken both within

15 and beyond the territorial sea of the United States.

16 SEC. 803. APPLICATION OF RICO.

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

18 amended by striking ‘‘or’’ immediately prior to ‘‘(E)’’, and

19 by adding: ‘‘or (F) any act which is indictable under any

20 of the following provisions of title 8, United States Code,

21 section 1324(a)(i) (relating to prohibitions on bringing in

22 or harboring certain aliens), section 1325 (relating to ille23 gal entry, marriage fraud, or establishing a commercial

24 enterprise for the purpose of evading the immigration

25 laws), section 1327 (relating to aiding or assisting certain
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1 aliens to enter the United States), or section 1328 (relat2 ing to the importation of aliens for immoral purpose).’’

3 SEC. 804. INCREASED PENALTIES FOR ALIEN SMUGGLING.

4 Pursuant to section 994 of title 28, United States

5 Code, the United States Sentencing Commission shall pro6 mulgate guidelines, or amend existing guidelines, to pro7 vide that a defendant convicted of violating, or conspiring

8 to violate section 1324(a) of title 8, United States Code,

9 shall be assigned not less than offense level 25 under sec10 tion 2L1.1 of the United States Sentencing Guidelines if

11 any of the following factors exist—

12 (1) if the offense involved five or more aliens in

13 a single scheme or otherwise;

14 (2) if the offense involved other criminal activ15 ity including, but not limited to, violations of the

16 Controlled Substances Act, prostitution, importation

17 of aliens for immoral purposes, trafficking in fire18 arms, money laundering, illegal gang activities, kid19 napping or ransom demands, fraudulent documents,

20 or extortion;

21 (3) if the offense involves smuggling of persons

22 under the age of 18 years for the purposes of illegal

23 adoption or of sexual or commercial exploitation;
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1 (4) if the offense involves the smuggling of

2 known or suspected terrorists or persons involved in

3 organized crime;

4 (5) if the offense involves dangerous or inhu5 mane treatment of the persons smuggled; or

6 (6) if death or serious bodily harm occurs to

7 persons smuggled.

8 Otherwise, the base offense level shall be 13, except for

9 an offense described in section 1324(a)(2)(A) of title 8,

10 United States Code.

11 SEC. 805. EXPANDED FORFEITURE FOR SMUGGLING OR

12 HARBORING.

13 Subsection 274(b) of the Immigration and National14 ity Act (8 U.S.C. 1324(b)) is amended—

15 (1) by amending paragraph (1) to read as fol16 lows:

17 ‘‘(1) Any property, real or personal, which fa18 cilitates or is intended to facilitate, or which has

19 been used in or is intended to be used in the com20 mission of a violation of subsection (a) or of sections

21 274A(a)(1) or 274A(a)(2), or which constitutes or is

22 derived from or traceable to the proceeds obtained

23 directly or indirectly from a commission of a viola24 tion of subsection (a), shall be subject to seizure and

25 forfeiture, except that—
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1 ‘‘(A) no property, used by any person as a

2 common carrier in the transaction of business

3 as a common carrier shall be forfeited under

4 the provisions of this section unless it shall ap5 pear that the owner or other person in charge

6 of such property was a consenting party or

7 privy to the illegal act;

8 ‘‘(B) no property shall be forfeited under

9 the provisions of this section by reason of any

10 act or omission established by the owner thereof

11 to have been committed or omitted by any per12 son other than such owner while such property

13 was unlawfully in the possession of a person

14 other than the owner in violation of the crimi15 nal laws of the United States or of any State;

16 and

17 ‘‘(C) no property shall be forfeited under

18 this paragraph to the extent of an interest of

19 any owner, by reason of any act or omission es20 tablished by that owner to have been committed

21 or omitted without the knowledge or consent of

22 the owner, unless such action or omission was

23 committed by an employee or agent of the

24 owner, and facilitated or was intended to facili25 tate, or was used in or intended to be used in,
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1 the commission of a violation of subsection (a)

2 or of section 274A(a)(1) or 274A(a)(2) which

3 was committed by the owner or which intended

4 to further the business interests of the owner,

5 or to confer any other benefit upon the owner.’’.

6 (2) by striking from paragraph (2)—

7 (A) ‘‘conveyance’’ both places it appears

8 and inserting in lieu thereof ‘‘property’’; and

9 (B) ‘‘is being used in’’ and inserting in lieu

10 thereof ‘‘is being used in, is facilitating, has fa11 cilitated, or was intended to facilitate’’;

12 (3) by striking from paragraphs (4) and (5) ‘‘a

13 conveyance’’ and ‘‘conveyance’’ each place such

14 phrase or word appears and inserting in lieu thereof

15 ‘‘property’’;

16 (4) by striking from paragraph (4)—

17 (A) ‘‘or’’ at the end of subparagraph (C),

18 and

19 (B) the period at the end of subparagraph

20 (D) and insetting ‘‘; or’’; and

21 (5) by adding after paragraph (4)(E):

22 ‘‘(E) transfer custody and ownership of

23 forfeited property to any Federal, State, or

24 local agency pursuant to the Tariff Act of

25 1930, as amended (19 U.S.C. 1616a(c)).’’.
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1 SEC. 806. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN2 VESTIGATIONS.

3 (a) Section 2516(1) of title 18, United States Code,

4 is amended—

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

7 1028 (relating to production of false identification

8 documentation), section 1546 (relating to fraud and

9 misuse of visas, permits, and other documents),’’;

10 (2) by striking ‘‘or’’ after paragraph (l) and re11 designating paragraphs (m), (n), and (o) as para12 graphs (n), (o), and (p), respectively;

13 (3) by inserting after paragraph (l) the follow14 ing new paragraph:

15 ‘‘(m) a violation of section 274 of the Immigra16 tion and Nationality Act (8 U.S.C. 1324) (relating

17 to alien smuggling), of section 277 of the Immigra18 tion and Nationality Act (8 U.S.C. 1327) (relating

19 to the smuggling of aliens convicted of aggravated

20 felonies or of aliens subject to exclusion on grounds

21 of national security), or of section 278 of the Immi22 gration and Nationality Act (8 U.S.C. 1328) (relat23 ing to smuggling of aliens for the purpose of pros24 titution or other immoral purpose); ’’; and

25 (4) by striking ‘‘or any Deputy Assistant Attor26 ney General in the Criminal Division specially des-
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1 ignated by the Attorney General’’ and inserting ‘‘or

2 any Deputy Assistant Attorney General or acting

3 Deputy Assistant Attorney General in, or one other

4 officer or employee of, the Criminal Division spe5 cially designated by the Attorney General’’.

6 (b) Section 2518(5) of title 18, United States Code,

7 is amended by inserting ‘‘(including personnel of a foreign

8 government or of a State or subdivision of a State)’’ after

9 ‘‘Government personnel’’.

10 (c) Section 2510(7) of title 18, United States Code,

11 is amended by inserting before the semicolon ‘‘and addi12 tionally, for purposes of section 2517(1)–(2), any person

13 authorized to perform investigative, law enforcement, or

14 prosecutorial functions by a foreign government’’.

15 TITLE IX—LOCAL COOPERATION

16 SEC. 901. SAVE SYSTEM MANDATED.

17 Notwithstanding any other provision of law, no Fed18 eral financial assistance shall be paid to a State or local

19 government or agency for the aid to families with depend20 ent children program under subchapter IV of title 42

21 United States Code, the medicaid program under sub22 chapter XIX of title 42 United States Code, the unemploy23 ment compensation program under section 3304 of title

24 26 of United States Code, the Food Stamp Program under

25 the Food Stamp Act of 1977, or the financial assistance
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1 programs under the United States Housing Act of 1937,

2 Section 235 or 236 of the National Housing Act, or sec3 tion 101 of the Housing and Urban Development Act of

4 1965 if such government or agency does not verify the

5 immigration status of aliens applying for benefits under

6 these programs through use of the automated SAVE sys7 tem established under section 12 of the Immigration Re8 form and Control Act of 1986 (Public Law 99–603).

9 TITLE X—CITIZENSHIP

10 SEC. 1001. VOTING LIMITED TO CITIZENS.

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

12 Fourteenth Article of Amendment to the Constitution of

13 the United States to enforce the prohibition of section 1

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

15 that shall abridge the privileges or immunities of citizens

16 of the United States, the Congress determines that the

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

18 United States and that voting in elections of the United

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

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

21 It shall be unlawful, and a felony punishable by a fine

22 of not more than $10,000 and/or imprisonment of not

23 more than 1 year for each unlawful vote, for any person

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

25 election to which the provisions of the Fifteenth, Nine-
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1 teenth, Twenty-Fourth, or Twenty-Sixth Article of

2 Amendment to the Constitution applies or in any other

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

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

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

6 null, void, and of no effect and shall not be counted.

Æ

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