I

103D CONGRESS

2D SESSION H. R. 3860

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

States relating to border security, illegal immigration, alien eligibility

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

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

aliens, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 10, 1994

Mr. SMITH of Texas (for himself, Mr. ARMEY, Mr. BAKER of California, Mr.

BARTON of Texas, Mr. BURTON of Indiana, Mr. CANADY, Mr. COLLINS

of Georgia, Mr. CUNNINGHAM, Mr. DELAY, Mr. DOOLITTLE, Mr. FISH,

Mr. GALLEGLY, Mr. GILMAN, Mr. GINGRICH, Mr. GOODLATTE, Mr.

GOSS, Mr. GREENWOOD, Mr. HUNTER, Mr. SAM JOHNSON of Texas, Mr.

KIM, Mr. KINGSTON, Mr. LEVY, Mr. LEWIS of Florida, Mr. MCCOLLUM,

Mr. MCKEON, Mrs. MEYERS of Kansas, Mr. MILLER of Florida, Ms.

MOLINARI, Mr. MOORHEAD, Mr. ROHRABACHER, Mr. ROYCE, Mr. SHAW,

Mr. STEARNS, and Mr. SHAYS) introduced the following bill; which was

referred jointly to the Committees on the Judiciary, Ways and Means,

Energy and Commerce, Banking, Finance and Urban Affairs, Foreign

Affairs, and Government Operations

A BILL

To amend the Immigration and Nationality Act and other

laws of the United States relating to border security,

illegal immigration, alien eligibility for Federal financial

benefits and services, criminal activity by aliens, alien

smuggling, fraudulent document use by aliens, asylum,

terrorist aliens, and for other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

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

5 Control Act of 1994’’.

6 SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—INTERDICTION

Sec. 101. Physical barriers.

Sec. 102. Border patrol agents.

Sec. 103. Interior repatriation program.

Sec. 104. Detention facilities.

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

Sec. 106. Border crossing fee.

Sec. 107. Border control trust fund.

TITLE II—ALIEN SMUGGLING

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

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

racketeering influenced and corrupt organizations (RICO) enforcement authority.

Sec. 203. Enhanced penalties for alien smuggling and for employers who knowingly employ smuggled aliens.

Sec. 204. Wiretap authority for alien smuggling investigations.

TITLE III—EMPLOYMENT

Sec. 301. Improvement of work eligibility documents.

Sec. 302. Immigration and Naturalization Service investigators.

TITLE IV—GOVERNMENT BENEFITS

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

Sec. 402. Unemployment benefits.

Sec. 403. Housing benefits.

Sec. 404. Save system.

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

cooperate in the arrest and deportation of unlawful aliens.

Sec. 406. Uniform vital statistics.

TITLE V—CRIMINAL ALIENS

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

parole.

Sec. 502. Expansion in definition of ‘‘aggravated felony’’.
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Sec. 503. Deportation procedures for certain criminal aliens who are not permanent residents.

Sec. 504. Judicial deportation.

Sec. 505. Restricting defenses to deportation for certain criminal aliens.

Sec. 506. Enhancing penalties for failing to depart, or reentering, after final

order of deportation.

Sec. 507. Miscellaneous and technical changes.

Sec. 508. Criminal alien tracking center.

Sec. 509. Prisoner transfer treaty study.

Sec. 510. Expediting criminal alien deportation and exclusion.

TITLE VI—TERRORIST ALIENS

Sec. 601. Removal of alien terrorists.

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

the United States under the Immigration and Nationality Act.

TITLE VII—INSPECTIONS

Sec. 701. Preinspection at foreign airports.

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

Sec. 703. Passport and visa offenses penalties improvement.

TITLE VIII—ASYLUM

Sec. 801. Inspection and exclusion by immigration officers.

Sec. 802. Asylum.

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

Sec. 804. Conforming amendments.

Sec. 805. Effective dates.

1 TITLE I—INTERDICTION

2 SEC. 101. PHYSICAL BARRIERS.

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

5 shall take action to install additional physical barriers at

6 the United States border to deter unauthorized crossings

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

8 additional barriers shall include barriers similar to those

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

10 SEC. 102. BORDER PATROL AGENTS.

11 In addition to such amounts as are otherwise author12 ized to be appropriated, there is authorized to be appro-
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1 priated for each of the fiscal years 1995, 1996, 1997,

2 1998, and 1999 for salaries and expenses of the Border

3 Patrol such amounts as may be necessary to provide for

4 an increase in the number of agents of the Border Patrol

5 by 6,000 full-time equivalent agent positions (and nec6 essary support personnel positions) beyond the number of

7 such positions authorized for the Border Patrol as of Octo8 ber 1, 1993.

9 SEC. 103. INTERIOR REPATRIATION PROGRAM.

10 Not later than 180 days after the date of enactment

11 of this Act, the Attorney General and the Commissioner

12 of the Immigration and Naturalization Service shall de13 velop and implement a program in which aliens who pre14 viously have illegally entered the United States not less

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

16 contiguous to the United States will be returned to loca17 tions not less than 500 kilometers from that country’s bor18 der with the United States.

19 SEC. 104. DETENTION FACILITIES.

20 (a) BORDER DETENTION FACILITIES.—Not later

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

22 the Attorney General and the Commissioner of the Immi23 gration and Naturalization Service shall take appropriate

24 action to increase the capability of the Immigration and
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1 Naturalization Service to detain individuals who have ille2 gally entered the United States at a border area.

3 (b) TRANSFER OF CLOSED MILITARY BASES FOR

4 FEDERAL ILLEGAL ALIEN INCARCERATION FACILI5 TIES.—

6 (1) PRIORITY AVAILABILITY TO DEPARTMENT

7 OF JUSTICE.—Notwithstanding any other provision

8 of law, a military installation or facility of the De9 partment of Defense to be closed under a base clo10 sure law may be made available, as determined by

11 the Attorney General, to the Bureau of Prisons of

12 the Department of Justice for use as a facility for

13 the incarceration of aliens who are subject to exclu14 sion or deportation from the United States.

15 (2) DEFINITION.—For purposes of this sub16 section, the term ‘‘base closure law’’ means each of

17 the following:

18 (A) The Defense Base Closure and Re19 alignment Act of 1990 (part A of title XXIX of

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

21 (B) Title II of the Defense Authorization

22 Amendments and Base Closure and Realign23 ment Act (Public Law 100–526; 10 U.S.C.

24 2687 note).
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1 (C) Section 2687 of title 10, United States

2 Code.

3 (D) Any other similar law enacted after

4 the date of the enactment of this Act.

5 SEC. 105. NOTICE TO SERVICE OF PORT OF ENTRY ARRIV6 ALS.

7 The Attorney General is authorized to require, by

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

9 Immigration and Naturalization Service of the intention

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

11 SEC. 106. BORDER CROSSING FEE.

12 The Commissioner shall collect a user fee for each

13 entry into the United States by land after December 31,

14 1994. The amount of the fee to be charged shall be deter15 mined by the Commission and the Attorney General and

16 such amount (rounded to the nearest whole dollar) shall

17 not exceed the current fee charged to persons entering the

18 United States by air. The Commissioner by regulation

19 may establish a reduced fee or a multiple-crossing fee for

20 frequent border crossers.

21 SEC. 107. BORDER CONTROL TRUST FUND.

22 There is established a Border Control Trust Fund

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

24 collected under section 106 shall be deposited into the

25 Fund. Amounts deposited into the Fund and the earnings
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1 thereon shall be expended by the Commissioner exclusively

2 for (1) measures, personnel, structures, and devices to

3 deter and prevent illegal entry of persons and contraband

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

5 and operation of facilities to expedite lawful border traffic

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

7 required for lawful entry of goods and persons, (3) depor8 tation of aliens, (4) construction and operation of facilities

9 used to detain individuals who have entered the United

10 States illegally at the border including the mandate costs

11 necessary to fully utilize INS Service Processing Center

12 facilities, available local and State facilities, and available

13 contract facilities, and (5) financial and other assistance

14 to State and local law enforcement agencies that have en15 tered into cooperative arrangements with the Immigration

16 and Naturalization Service. Not less than 80 percent of

17 the sum of (a) amounts deposited into the Fund during

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

19 fiscal year shall be expended during that or the subsequent

20 fiscal year.
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1 TITLE II—ALIEN SMUGGLING

2 SEC. 201. EXPANDED FORFEITURE FOR SMUGGLING OR

3 HARBORING ILLEGAL ALIENS.

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

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

6 1324(b)) is amended to read as follows:

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

8 following property shall be subject to seizure and forfeit9 ure:

10 ‘‘(i) Any conveyance, including any vessel, vehi11 cle, or aircraft, which has been or is being used in

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

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

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

15 traceable to, the proceeds obtained directly or

16 indirectly from the commission of a violation of

17 subsection (a), or

18 ‘‘(II) is used to facilitate, or is intended to

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

20 subsection (a)(1)(A).

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

22 carrier in the transaction of business as a common carrier

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

24 other person with lawful custody of the property was a
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1 consenting party to or privy to the violation of subsection

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

3 ‘‘(ii) No property shall be forfeited under the provi4 sions of this section by reason of any act or omission es5 tablished by the owner to have been committed or omitted

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

7 unlawfully in the possession of a person other than the

8 owner in violation of the criminal laws of the United

9 States or of any State.

10 ‘‘(iii) No property shall be forfeited under the provi11 sions of this section to the extent of an interest of the

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

13 the owner to have been committed or omitted without the

14 knowledge, consent, or willful disregard of the owner, un15 less the act or omission was committed or omitted by an

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

17 custody of the property with the intent of furthering the

18 business interests of, or to confer any other benefit upon,

19 the owner or other person with lawful custody of the prop20 erty.’’.

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

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

23 (1) in paragraph (2)—

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

25 ‘‘property’’ each place it appears, and
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1 (B) by striking ‘‘is being used in’’ and in2 serting ‘‘is being used in, is facilitating, has fa3 cilitated, is facilitating or was intended to facili4 tate’’; and

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

6 conveyance’’, ‘‘any conveyance’’, and ‘‘conveyance’’

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

8 SEC. 202. INCLUDING ALIEN SMUGGLING AS A RACKETEER9 ING ACTIVITY FOR PURPOSES OF RACK10 ETEERING INFLUENCED AND CORRUPT OR11 GANIZATIONS (RICO) ENFORCEMENT AU12 THORITY.

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

14 amended—

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

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

17 following: ‘‘, or (F) any act which is indictable under

18 section 274(a)(1) of the Immigration and National19 ity Act (relating to alien smuggling)’’.

20 SEC. 203. ENHANCED PENALTIES FOR CERTAIN ALIEN

21 SMUGGLING AND FOR EMPLOYERS WHO

22 KNOWINGLY EMPLOY SMUGGLED ALIENS.

23 Section 274(a)(1) (8 U.S.C. 1324(a)(1)) is amend24 ed—
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1 (1) by striking ‘‘or’’ at the end of subparagraph

2 (C),

3 (2) by striking the comma at the end of sub4 paragraph (D) and inserting ‘‘; or’’,

5 (3) by inserting after subparagraph (D) the fol6 lowing:

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

8 that party to provide, for employment by the person

9 or another, an alien who is not authorized to be em10 ployed in the United States, knowing that such

11 party intends to cause such alien to be brought into

12 the United States in violation of the laws of the

13 United States,’’, and

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

15 years’’.

16 SEC. 204. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN17 VESTIGATIONS.

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

19 amended—

20 (1) in paragraph (c) by inserting after ‘‘weap21 ons),’’ the following: ‘‘or a felony violation of section

22 1028 (relating to production of false identification

23 documentation), section 1542 (relating to false

24 statements in passport applications), section 1546
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1 (relating to fraud and misuse of visas, permits, and

2 other documents),’’;

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

4 redesignating paragraphs (m), (n), and (o) as para5 graphs (n), (o), and (p), respectively; and

6 (3) by inserting after paragraph (l) the follow7 ing new paragraph:

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

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

10 smuggling), of section 277 of the Immigration and Nation11 ality Act (8 U.S.C. 1327) (relating to the smuggling of

12 aliens convicted of aggravated felonies or of aliens subject

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

14 278 of the Immigration and Nationality Act (8 U.S.C.

15 1328) (relating to smuggling of aliens for the purpose of

16 prostitution or other immoral purpose);’’.

17 TITLE III—EMPLOYMENT

18 SEC. 301. IMPROVEMENT OF WORK ELIGIBILITY DOCU19 MENTS.

20 (a) WORK ELIGIBILITY DOCUMENTS AND VERIFICA21 TION OF ELIGIBILITY TO WORK.—Section 274A(b) of the

22 Immigration and Nationality Act is amended—

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

24 and inserting:
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1 ‘‘(1) ATTESTATION AFTER EXAMINATION AND

2 VERIFICATION OF DOCUMENTATION.—The person or

3 entity must attest, under penalty or perjury and on

4 a form designated or established by the Attorney

5 General by regulation, that it has verified that the

6 individual is not an unauthorized alien by—

7 ‘‘(A) examining the individual’s Social Se8 curity account number card issued pursuant to

9 subsection (d)(1), and

10 ‘‘(B) verifying the individual’s Social Secu11 rity account number through the verification

12 system established pursuant to subsection

13 (d)(4).’’,

14 (2) by inserting the following paragraph and re15 designating the subsequent paragraphs accordingly:

16 ‘‘(2) VERIFICATION OF CONTINUED WORK ELI17 GIBILITY FOR ALIENS WITH LIMITED WORK AU18 THORIZATION.—In the case of an alien whose work

19 authorization has an expiration date, a person or en20 tity who continues to employ such an alien after the

21 date the employment authorization expires must ver22 ify, through the verification system established pur23 suant to subsection (d)(4), that the alien’s work au24 thorization has been extended.’’, and

25 (3) by adding at the end the following:
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1 ‘‘(7) Notwithstanding any other provision of

2 law, a person or entity may not be considered to dis3 criminate by requesting the production of the docu4 mentation required under this subsection in the hir5 ing, recruiting, or referring of an individual for em6 ployment in the United States.’’.

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

8 be effective as of July 1, 1995.

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

10 be effective upon enactment of this Act.

11 (c) ENHANCEMENT OF SOCIAL SECURITY CARDS

12 AND ESTABLISHMENT OF EMPLOYMENT VERIFICATION

13 SYSTEM.—Section 274A(d) of the Immigration and Na14 tionality Act is amended to read as follows:

15 ‘‘(d) EMPLOYMENT VERIFICATION SYSTEM.—

16 ‘‘(1) ENHANCEMENT OF SOCIAL SECURITY

17 CARDS.—

18 ‘‘(A) ISSUANCE OF ENHANCED CARD FOR

19 CITIZENS.—The Secretary shall cause to be is20 sued enhanced Social Security account number

21 cards to United States citizens and United

22 States nationals who are 16 years of age or

23 older upon application, proof of identity, proof

24 of citizenship or nationality, and payment of a

25 reasonable fee.
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1 ‘‘(B) ISSUANCE OF ENHANCED CARD FOR

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

4 cards to aliens lawfully admitted for permanent

5 residence or who are otherwise authorized to

6 work in the United States and who are 16 years

7 of age or older upon application, proof of iden8 tity, verification of status by the Immigration

9 and Naturalization Service, and payment of a

10 reasonable fee.

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

12 cards issued pursuant to paragraph (1) shall—

13 ‘‘(i) be uniform in appearance,

14 ‘‘(ii) be as tamper-proof and counterfeit-re15 sistant as is practicable,

16 ‘‘(iii) contain a photograph and such other

17 identifying information that is specific to each

18 person as the Secretary shall determine,

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

20 citizenship status, and Social Security account

21 number of the issuee, and

22 ‘‘(v) incorporate a machine-readable encod23 ing of the information contained in the card.

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

25 (1)(B) to aliens who are not permanent resident
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1 aliens shall indicate whether the work authorization

2 granted to the alien has an expiration date.

3 ‘‘(3) IMPLEMENTATION.—(A) All Social Secu4 rity account number cards issued after July 1, 1995,

5 must be issued pursuant to the requirements under

6 this subsection.

7 ‘‘(B) After July 1, 1995, individuals applying

8 for employment shall be required to apply for en9 hanced Social Security account cards to be issued

10 pursuant to paragraph (1).

11 ‘‘(C) By January 1, 1999, all individuals who

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

13 Security account number must apply for Social Se14 curity account number card issued pursuant to para15 graph (1).

16 ‘‘(4) VERIFICATION SYSTEM.—

17 ‘‘(A) IN GENERAL.—The Secretary, in con18 sultation with the Attorney General, shall make

19 such modifications and improvements as are

20 necessary to current data bases and systems to

21 develop and implement a verification system

22 that a person or entity can access by telephone

23 or other electronic means. Such system shall

24 allow for verification that an individual’s Social

25 Security account number—
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1 ‘‘(i) has been issued,

2 ‘‘(ii) was issued to an individual au3 thorized to work in the United States, and

4 ‘‘(iii) is not a number issued to a de5 ceased individual that has not been re6 issued.

7 The system shall also provide any other infor8 mation that the Secretary and Attorney General

9 determine is needed to verify that the number

10 is a number issued validly to the individual and

11 that such individual is authorized to work in

12 the United States.

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

14 $2 plus any line charges payable to a telephone

15 carrier or equivalent entity, shall be charged for

16 each instance of accessing the verification sys17 tem to pay for the costs of operating the sys18 tem.

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

20 system required by this paragraph shall be

21 operational by July 1, 1995.

22 ‘‘(5) FUNDING OF EMPLOYMENT VERIFICATION

23 SYSTEM.—

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

25 charged under paragraph (1) shall be the
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1 amount (rounded to the nearest whole dollar),

2 not exceeding $40, required to cover the costs

3 of issuing the cards. The Secretary shall pro4 vide for the waiver of any fee for persons un5 able to pay.

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

7 implementing the new Social Security account

8 number cards and verification system estab9 lished under this subsection that exceed the fees

10 collected under paragraph (1) shall not be paid

11 for out of any trust fund established under the

12 Social Security Act.

13 ‘‘(6) PRIVACY PROTECTIONS.—

14 ‘‘(A) Any personal information utilized by

15 the system may not be made available to Gov16 ernment agencies, employers, and other persons

17 except to the extent necessary to verify that an

18 individual is not an unauthorized alien.

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

20 and security of personal information and identi21 fiers utilized in the system.

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

23 prospective employee is eligible to be employed

24 in the United States may not be withheld or re25 voked under the system for any reason other
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1 than that the employee or prospective employee

2 is an unauthorized alien.

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

4 enforcement purposes, other than for enforce5 ment of this Act or section 1001, 1028, 1546,

6 and 1621 of title 18, United States Code.

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

8 subsection may not be required to be presented

9 for any purpose other than under this Act (or

10 enforcement of sections 1001, 1028, 1546, and

11 1621 of title 18, United States Code) nor to be

12 carried on one’s person.

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

14 information or identifiers contained in the em15 ployment verification system shall be punishable

16 by civil and criminal penalties.

17 ‘‘(7) MONITORING AND IMPROVEMENTS IN SYS18 TEM.—(A) The Attorney General shall provide for

19 the monitoring and evaluation of the degree to which

20 the employment verification system established

21 under subsection (b) provides a secure system to de22 termine employment eligibility in the United States.

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

24 under this subsection and subsection (b) is found

25 not to be a secure system to determine employment
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1 eligibility in the United States, the Attorney General

2 shall recommend such changes in (including addi3 tions to) the system as may be necessary to establish

4 such a system.

5 ‘‘(8) DEFINITIONS.—For purposes of this sub6 section—

7 ‘‘(A) the term ‘Secretary’ means the Sec8 retary of Health and Human Services, and

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

10 United States, the District of Columbia, or

11 Puerto Rico.’’.

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

13 of the Immigration and Nationality Act is amended—

14 (A) in subsection (b), by striking ‘‘following

15 three paragraphs’’ and inserting ‘‘following four

16 paragraphs’’, and

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

18 and (n).

19 (2) This subsection shall be effective on July 1, 1995.

20 SEC. 302. IMMIGRATION AND NATURALIZATION SERVICE

21 INVESTIGATORS.

22 In addition to such amounts as are otherwise author23 ized to be appropriated, there is authorized to be appro24 priated for each of the fiscal years 1995, 1996, 1997,

25 1998, and 1999 for salaries and expenses of the Immigra-
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1 tion and Naturalization Service such amounts as may be

2 necessary to provide for an increase in the number of in3 vestigators of the Immigration and Naturalization Service

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

5 such support personnel as are necessary) beyond the num6 ber of such positions authorized as of October 1, 1993.

7 TITLE IV—GOVERNMENT

8 BENEFITS

9 SEC. 401. PROHIBITION OF BENEFITS FOR CERTAIN CAT10 EGORIES OF ALIENS.

11 (a) DIRECT FEDERAL FINANCIAL BENEFITS.—Sub12 ject to subsection (b) and the Immigration and Nationality

13 Act, and notwithstanding any other provision of law, an

14 alien not lawfully within the United States as a permanent

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

16 for any direct Federal financial benefit or social insurance

17 benefit (whether through grant, loan, guarantee, or other18 wise) as such benefits are identified by the Attorney Gen19 eral in consulation with other appropriate heads of the

20 various departments and agencies of the Federal Govern21 ment.

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

23 shall not apply with respect to the Federal reimbursement

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

25 Secretary of Health and Human Services by regulation.
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1 SEC. 402. UNEMPLOYMENT BENEFITS.

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

3 authorization pursuant to the Immigration and National4 ity Act or other Federal law shall be ineligible for unem5 ployment compensation under an unemployment com6 pensation law of a State or the United States.

7 (b) An alien granted temporary work authorization

8 shall be eligible only for unemployment compensation

9 under an employment compensation law of a State or the

10 United States that accrued during such time as the alien

11 was authorized to work.

12 SEC. 403. HOUSING BENEFITS.

13 (a) LIMITATION.—Notwithstanding section 401 or

14 any other provision of law, no alien who is not a perma15 nent resident, a refugee, an asylee, or a parolee shall be

16 eligible for benefits under the following provisions of law:

17 (1) The program of rental assistance on behalf

18 of low-income families provided under section 8 of

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

20 1437f).

21 (2) The program of assistance to public housing

22 under title I of the United States Housing Act of

23 1937 (42 U.S.C. 1437 et seq.).

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

25 Housing Act of 1949 (42 U.S.C. 1472).
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1 (4) The program of interest reduction payments

2 pursuant to contracts entered into by the Secretary

3 of Housing and Urban Development under section

4 236 of the National Housing Act (12 U.S.C. 1715z–

5 1).

6 (5) The program of loans for rental and cooper7 ative housing under section 515 of the Housing Act

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

9 (6) The program of rental assistance payments

10 pursuant to contracts entered into under section

11 521(a)(2)(A) of the Housing Act of 1949 (42 U.S.C.

12 1490a(a)(2)(A)).

13 (7) The program of assistance payments on be14 half of homeowners under section 235 of the Na15 tional Housing Act (12 U.S.C. 1715z).

16 (8) The program of rent supplement payments

17 on behalf of qualified tenants pursuant to contracts

18 entered into under section 101 of the Housing and

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

20 (9) The loan and grant programs under section

21 504 of the Housing Act of 1949 (42 U.S.C. 1474)

22 for repairs and improvements to rural dwellings.

23 (10) The loan and assistance programs under

24 sections 514 and 516 of the Housing Act of 1949

25 (42 U.S.C. 1484, 1486) for housing for farm labor.
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1 (11) The program of grants for preservation

2 and rehabilitation of housing under section 533 of

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

4 (12) The program of grants and loans for mu5 tual and self-help housing and technical assistance

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

7 U.S.C. 1490c).

8 (13) The program of site loans under section

9 524 of the Housing Act of 1949 (42 U.S.C. 1490d).

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

11 the Secretary of Housing and Urban Development shall

12 issue final regulations to carry out subsection (a).

13 SEC. 404. SAVE SYSTEM.

14 There are authorized to be appropriated for each of

15 the fiscal years 1995, 1996, 1997, 1998, and 1999 such

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

17 the automated SAVE system established under section

18 121 of the Immigration Reform and Control Act of 1986

19 (Public Law 99–603).

20 SEC. 405. LIMITATION ON FEDERAL FINANCIAL ASSIST21 ANCE TO LOCALITIES THAT REFUSE TO CO22 OPERATE IN THE ARREST AND DEPORTATION

23 OF UNLAWFUL ALIENS.

24 Notwithstanding any other provision of law, Federal

25 financial assistance shall be reduced by 20 percent to any
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1 local government on and after such date as the Attorney

2 General certifies that the local government has an official

3 policy of refusing to cooperate with officers or employees

4 of the Department of Justice (including the Immigration

5 and Naturalization Service) with respect to the arrest and

6 deportation of aliens who are not lawfully present within

7 the United States. Such reduction in assistance is not re8 imbursable and shall continue for as long as the policy

9 of noncooperation remains in effect.

10 SEC. 406. UNIFORM VITAL STATISTICS.

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

12 Human Services shall consult with the State agency re13 sponsible for registration and certification of births and

14 deaths and, within 3 years of the date of enactment of

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

16 States with the largest number of undocumented aliens

17 of an electronic network linking the vital statistics records

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

19 for the matching of deaths with births and shall enable

20 the confirmation of births and deaths of citizens of such

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

22 or State agency or official in the performance of official

23 duties. The Secretary and participating State agencies

24 shall institute measures to achieve uniform and accurate

25 reporting of vital statistics into the pilot program network,
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1 to protect the integrity of the registration and certification

2 process, and to prevent fraud against the Government and

3 other persons through the use of false birth or death cer4 tificates.

5 (b) REPORT.—Not later than 180 days after the es6 tablishment of the pilot program under subsection (a), the

7 Secretary shall issue a written report to Congress with rec8 ommendations on how the pilot program could effectively

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

10 (c) AUTHORIZATION OF APPROPRIATIONS.—There

11 are authorized to be appropriated for fiscal year 1994 and

12 for subsequent fiscal years such sums as may be necessary

13 to carry out this section.

14 TITLE V—CRIMINAL ALIENS

15 SEC. 501. AUTHORIZING REGISTRATION OF ALIENS ON

16 CRIMINAL PROBATION OR CRIMINAL PA17 ROLE.

18 Section 263(a) of the Immigration and Nationality

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

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

21 probation or criminal parole pursuant to the laws of the

22 United States or of any State, and (6)’’.
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1 SEC. 502. EXPANSION IN DEFINITION OF ‘‘AGGRAVATED

2 FELONY’’.

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

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

5 1101(a)(43)) is amended to read as follows:

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

7 ‘‘(A) murder;

8 ‘‘(B) any illicit trafficking in any con9 trolled substance (as defined in section 102 of

10 the Controlled Substances Act), including any

11 drug trafficking crime as defined in section

12 924(c) of title 18, United States Code;

13 ‘‘(C) any illicit trafficking in any firearms

14 or destructive devices as defined in section 921

15 of title 18, United States Code, or in explosive

16 materials as defined in section 841(c) of title

17 18, United States Code;

18 ‘‘(D) any offense described in sections

19 1951 through 1963 of title 18, United States

20 Code;

21 ‘‘(E) any offense described in—

22 ‘‘(i) subsections (h) or (i) of section

23 842, title 18, United States Code, or sub24 section (d), (e), (f), (g), (h), or (i) of sec25 tion 844 of title 18, United States Code

26 (relating to explosive materials offenses),
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1 ‘‘(ii) paragraph (1), (2), (3), (4), or

2 (5) of section 922(g), or section 922(j),

3 section 922(n), section 922(o), section

4 922(p), section 922(r), section 924(b), or

5 section 924(h) of title 18, United States

6 Code (relating to firearms offenses), or

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

8 States Code (relating to firearms offenses);

9 ‘‘(F) any crime of violence (as defined in

10 section 16 of title 18, United States Code, not

11 including a purely political offense) for which

12 the term of imprisonment imposed (regardless

13 of any suspension of such imprisonment) is at

14 least 5 years;

15 ‘‘(G) any theft offense (including receipt of

16 stolen property) or any burglary offense, where

17 a sentence of 5 years imprisonment or more

18 may be imposed;

19 ‘‘(H) any offense described in section 875,

20 section 876, section 877, or section 1202 of

21 title 18, United States Code (relating to the de22 mand for or receipt of ransom);

23 ‘‘(I) any offense described in section 2251,

24 section 2251A or section 2252 of title 18,
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1 United States Code (relating to child pornog2 raphy);

3 ‘‘(J) any offense described in section 1084

4 of title 18, United States Code, where a sen5 tence of 5 years imprisonment or more may be

6 imposed;

7 ‘‘(K) any offense relating to commercial

8 bribery, counterfeiting, forgery or trafficking in

9 vehicles whose identification numbers have been

10 altered, where a sentence of 5 years imprison11 ment or more may be imposed;

12 ‘‘(L) any offense—

13 ‘‘(i) relating to the owning, control14 ling, managing or supervising of a pros15 titution business,

16 ‘‘(ii) described in section 2421

17 through 2424 of title 18, United States

18 Code, for commercial advantage, or

19 ‘‘(iii) described in sections 1581

20 through 1585, or section 1588, of title 18,

21 United States Code (relating to peonage,

22 slavery, and involuntary servitude);

23 ‘‘(M) any offense relating to perjury or

24 subornation of perjury where a sentence of 5

25 years imprisonment or more may be imposed;
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1 ‘‘(N) any offense described in—

2 ‘‘(i) section 793 (relating to gathering

3 or transmitting national defense informa4 tion), section 798 (relating to disclosure of

5 classified information), section 2153 (relat6 ing to sabotage) or section 2381 or section

7 2382 (relating to treason) of title 18,

8 United States Code, or

9 ‘‘(ii) section 421 of title 50, United

10 States Code (relating to protecting the

11 identity of undercover intelligence agents);

12 ‘‘(O) any offense—

13 ‘‘(i) involving fraud or deceit where

14 the loss to the victim or victims exceeded

15 $200,000; or

16 ‘‘(ii) described in section 7201 of title

17 26, United States Code (relating to tax

18 evasion), where the tax loss to the Govern19 ment exceeds $200,000;

20 ‘‘(P) any offense described in section

21 274(a)(1) of the Immigration and Nationality

22 Act (relating to alien smuggling) for the pur23 pose of commercial advantage;

24 ‘‘(Q) any violation of section 1546(a) of

25 title 18, United States Code (relating to docu-
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1 ment fraud), for the purpose of commercial ad2 vantage; or

3 ‘‘(R) any offense relating to failing to ap4 pear before a court pursuant to a court order

5 to answer to or dispose of a charge of a felony,

6 where a sentence of 2 years or more may be im7 posed;

8 or any attempt or conspiracy to commit any such

9 act. Such term applies to offenses described in this

10 paragraph whether in violation of Federal or State

11 law and applies to such offenses in violation of the

12 laws of a foreign country for which the term of im13 prisonment was completed within the previous 15

14 years.’’.

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

16 this section shall apply to all convictions entered before,

17 on, or after the date of enactment of this Act.

18 SEC. 503. DEPORTATION PROCEDURES FOR CERTAIN

19 CRIMINAL ALIENS WHO ARE NOT PERMA20 NENT RESIDENTS.

21 (a) ELIMINATION OF ADMINISTRATIVE HEARING FOR

22 CERTAIN CRIMINAL ALIENS.—Section 242A of the Immi23 gration and Nationality Act (8 U.S.C. 1252a) is amended

24 by adding at the end the following:
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1 ‘‘(c) DEPORTATION OF ALIENS WHO ARE NOT PER2 MANENT RESIDENTS.—

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

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

5 final order of deportation against any alien described

6 in paragraph (2) whom the Attorney General deter7 mines to be deportable under section

8 241(a)(2)(A)(iii) (relating to conviction of an aggra9 vated felony).

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

11 the alien—

12 ‘‘(A) was not lawfully admitted for perma13 nent residence at the time that proceedings

14 under this section commenced, or

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

16 conditional basis (as described in section 216)

17 at the time that proceedings under this section

18 commenced.

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

20 authority in this section to the Commissioner or to

21 any District Director of the Service.

22 ‘‘(4) No alien described in this section shall be

23 eligible for—
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1 ‘‘(A) any relief from deportation that the

2 Attorney General may grant in his discretion,

3 or

4 ‘‘(B) relief under section 243(h).

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

6 order described in paragraph (1) until 14 calendar

7 days have passed from the date that such order was

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

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

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

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

12 amended—

13 (1) in the first sentence of subsection (a), by in14 serting ‘‘or pursuant to section 242A’’ after ‘‘under

15 section 242(b)’’;

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

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

18 242A)’’ after ‘‘aggravated felony’’; and

19 (3) by adding at the end the following new sub20 section:

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

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

23 in section 242A(c) may only challenge whether the alien

24 is in fact an alien described in such section, and no court

25 shall have jurisdiction to review any other issue.’’.
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1 (c) TECHNICAL AND CONFORMING CHANGES.—Sec2 tion 242A of the Immigration and Nationality Act (8

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

4 (1) In subsection (a)—

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

6 inserting ‘‘(b) DEPORTATION OF PERMANENT

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

8 (B) by inserting in the first sentence ‘‘per9 manent resident’’ after ‘‘correctional facilities

10 for’’;

11 (2) In subsection (b)—

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

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

14 (B) by striking ‘‘respect to an’’ and insert15 ing ‘‘respect to a permanent resident’’;

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

17 (4) In subsection (d)—

18 (A) by striking ‘‘(d) EXPEDITED PRO19 CEEDINGS.—(1)’’ and inserting ‘‘(3) EXPE20 DITED PROCEEDINGS.—(A)’’;

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

22 after ‘‘in the case of any’’; and

23 (C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;

24 (5) In subsection (e)—
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1 (A) by striking ‘‘(e) REVIEW.—(1)’’ and

2 inserting ‘‘(4) REVIEW.—(A)’’;

3 (B) by striking the second sentence; and

4 (C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;

5 (6) By inserting after the section heading the

6 following new subsection:

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

8 convicted of an aggravated felony shall be conclusively pre9 sumed to be deportable from the United States.’’; and

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

11 read as follows:

‘‘EXPEDITED DEPORTATION OF ALIENS CONVICTED OF

COMMITTING AGGRAVATED FELONIES’’.

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

13 this section shall apply to all aliens against whom deporta14 tion proceedings are initiated after the date of enactment

15 of this Act.

16 SEC. 504. JUDICIAL DEPORTATION.

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

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

19 amended by inserting at the end the following new sub20 section:

21 ‘‘(d) JUDICIAL DEPORTATION.—

22 ‘‘(1) AUTHORITY.—Notwithstanding any other

23 provision of this Act, a United States district court

24 shall have jurisdiction to enter a judicial order of de-
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1 portation at the time of sentencing against an alien

2 whose criminal conviction causes such alien to be de3 portable under section 241(a)(2)(A)(iii) (relating to

4 conviction of an aggravated felony), if such an order

5 has been requested prior to sentencing by the United

6 States Attorney with the concurrence of the Com7 missioner.

8 ‘‘(2) PROCEDURE.—

9 ‘‘(A) The United States Attorney shall pro10 vide notice of intent to request judicial deporta11 tion promptly after the entry in the record of

12 an adjudication of guilt or guilty plea. Such no13 tice shall be provided to the court, to the alien,

14 and to the alien’s counsel of record.

15 ‘‘(B) Notwithstanding section 242B, the

16 United States Attorney, with the concurrence of

17 the Commissioner, shall file at least 20 days

18 prior to the date set for sentencing a charge

19 containing factual allegations regarding the

20 alienage of the defendant and satisfaction by

21 the defendant of the definition of aggravated

22 felony.

23 ‘‘(C) If the court determines that the de24 fendant has presented substantial evidence to

25 establish prima facie eligibility for relief from
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1 deportation under section 212(c), the Commis2 sioner shall provide the court with a rec3 ommendation and report regarding the alien’s

4 eligibility for relief under such section. The

5 court shall either grant or deny the relief

6 sought.

7 ‘‘(D)(i) The alien shall have a reasonable

8 opportunity to examine the evidence against

9 him or her, to present evidence on his or her

10 own behalf, and to cross-examine witnesses pre11 sented by the Government.

12 ‘‘(ii) The court, for the purposes of deter13 mining whether to enter an order described in

14 paragraph (1), shall only consider evidence that

15 would be admissible in proceedings conducted

16 pursuant to section 242(b).

17 ‘‘(iii) Nothing in this subsection shall limit

18 the information a court of the United States

19 may receive or consider for the purposes of im20 posing an appropriate sentence.

21 ‘‘(iv) The court may order the alien de22 ported if the Attorney General demonstrates by

23 clear and convincing evidence that the alien is

24 deportable under this Act.
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1 ‘‘(3) NOTICE, APPEAL, AND EXECUTION OF JU2 DICIAL ORDER OF DEPORTATION.—

3 ‘‘(A)(i) A judicial order of deportation or

4 denial of such order may be appealed by either

5 party to the court of appeals for the circuit in

6 which the district court is located.

7 ‘‘(ii) Except as provided in clause (iii),

8 such appeal shall be considered consistent with

9 the requirements described in section 106.

10 ‘‘(iii) Upon execution by the defendant of

11 a valid waiver of the right to appeal the convic12 tion on which the order of deportation is based,

13 the expiration of the period described in section

14 106(a)(1), or the final dismissal of an appeal

15 from such conviction, the order of deportation

16 shall become final and shall be executed at the

17 end of the prison term in accordance with the

18 terms of the order.

19 ‘‘(B) As soon as is practicable after entry

20 of a judicial order of deportation, the Commis21 sioner shall provide the defendant with written

22 notice of the order of deportation, which shall

23 designate the defendant’s country of choice for

24 deportation and any alternate country pursuant

25 to section 243(a).
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1 ‘‘(4) DENIAL OF JUDICIAL ORDER.—Denial of a

2 request for a judicial order of deportation shall not

3 preclude the Attorney General from initiating depor4 tation proceedings pursuant to section 242 upon the

5 same ground of deportability or upon any other

6 ground of deportability provided under section

7 241(a).’’.

8 (b) TECHNICAL AND CONFORMING CHANGES.—The

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

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

11 out ‘‘The’’ and inserting in lieu thereof, ‘‘Except as pro12 vided in section 242A(d), the’’.

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

14 this section shall apply to all aliens whose adjudication of

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

16 of enactment of this Act.

17 SEC. 505. RESTRICTING DEFENSES TO DEPORTATION FOR

18 CERTAIN CRIMINAL ALIENS.

19 (a) DEFENSES BASED ON SEVEN YEARS OF PERMA20 NENT RESIDENCE.—The last sentence of section 212(c)

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

22 1182(c)) is amended by striking out ‘‘has served for such

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

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

25 felony or felonies to a term of imprisonment of at least
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1 5 years, provided that the time for appealing such convic2 tion or sentence has expired and the sentence has become

3 final.’’.

4 (b) DEFENSES BASED ON WITHHOLDING OF DEPOR5 TATION.—Section 243(h)(2) of the Immigration and Na6 tionality Act (8 U.S.C. 1253(h)(2)) is amended by—

7 (1) striking out the final sentence and inserting

8 in lieu thereof the following new subparagraph:

9 ‘‘(E) the alien has been convicted of an ag10 gravated felony.’’; and

11 (2) striking out the ‘‘or’’ at the end of subpara12 graph (C) and inserting ‘‘or’’ at the end of subpara13 graph (D).

14 SEC. 506. ENHANCING PENALTIES FOR FAILING TO DE15 PART, OR REENTERING, AFTER FINAL ORDER

16 OF DEPORTATION.

17 (a) FAILURE TO DEPART.—Section 242(e) of the Im18 migration and Nationality Act (8 U.S.C. 1252(e)) is

19 amended—

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

21 of’’ the first time it appears, and

22 (2) by striking out ‘‘shall be imprisoned not

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

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

25 shall be imprisoned not more than ten years if the
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1 alien is a member of any of the classes described in

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

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

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

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

6 ‘‘commission of’’ the following: ‘‘three or more mis7 demeanors or’’, and (B) striking out ‘‘5’’ and insert8 ing in lieu thereof ‘‘10’’,

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

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

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

12 ‘‘For the purposes of this subsection, the term ‘depor13 tation’ shall include any agreement where an alien stipu14 lates to deportation during a criminal trial under either

15 Federal or State law.’’.

16 (c) COLLATERAL ATTACKS ON UNDERLYING DEPOR17 TATION ORDER.—Section 276 of the Immigration and Na18 tionality Act (8 U.S.C. 1326) is amended by inserting

19 after subsection (b) the following new subsection:

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

21 no alien may challenge the validity of the deportation

22 order described in subsection (a)(1) or subsection (b) un23 less the alien demonstrates—
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1 ‘‘(1) that the alien exhausted the administrative

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

3 seek relief against such order,

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

5 such order was issued improperly deprived the alien

6 of the opportunity for judicial review, and

7 ‘‘(3) that the entry of such order was fun8 damentally unfair.’’.

9 SEC. 507. MISCELLANEOUS AND TECHNICAL CHANGES.

10 (a) FORM OF DEPORTATION HEARINGS.—The sec11 ond sentence of section 242(b) of the Immigration and

12 Nationality Act (8 U.S.C. 1252(b)) is amended by insert13 ing before the period the following: ‘‘; except that nothing

14 in this subsection shall preclude the Attorney General

15 from authorizing proceedings by electronic or telephonic

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

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

18 alien.’’.

19 (b) CONSTRUCTION OF EXPEDITED DEPORTATION

20 REQUIREMENTS.— No amendment made by this Act and

21 nothing in section 242(i) of the Immigration and Nation22 ality Act (8 U.S.C. 1252(i)), shall be construed to create

23 any right or benefit, substantive or procedural, which is

24 legally enforceable by any party against the United States,

25 its agencies, its officers or any other person.
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1 SEC. 508. CRIMINAL ALIEN TRACKING CENTER.

2 (a) OPERATION.—The Commissioner of Immigration

3 and Naturalization, with the cooperation of the Director

4 of the Federal Bureau of Investigation and the heads of

5 other agencies, shall, under the authority of section

6 242(a)(3)(A) of the Immigration and Nationality Act (8

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

8 center.

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

10 shall be used to assist Federal, State, and local law en11 forcement agencies in identifying and locating aliens who

12 may be subject to deportation by reason of their conviction

13 of aggravated felonies.

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There

15 are authorized to be appropriated to carry out this section

16 $2,000,000 for fiscal year 1995 and $5,000,000 for each

17 of the fiscal years 1996, 1997, 1998, and 1999.

18 SEC. 509. PRISONER TRANSFER TREATY STUDY.

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

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

21 of State and the Attorney General shall submit to the Con22 gress a report that describes the use and effectiveness of

23 the Prisoner Transfer Treaty (in this section referred to

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

25 States aliens who have been convicted of crimes in the

26 United States.
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1 (b) USE OF TREATY.—The report under subsection

2 (a) shall include the following information:

3 (1) The number of aliens convicted of a crimi4 nal offense in the United States since November 30,

5 1977, who would have been or are eligible for trans6 fer pursuant to the Treaty.

7 (2) The number of aliens described in para8 graph (1) who have been transferred pursuant to the

9 Treaty.

10 (3) The number of aliens described in para11 graph (2) who have been incarcerated in full compli12 ance with the Treaty.

13 (4) The number of aliens who are incarcerated

14 in a penal institution in the United States who are

15 eligible for transfer pursuant to the Treaty.

16 (5) The number of aliens described in para17 graph (4) who are incarcerated in State and local

18 penal institutions.

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

20 subsection (a) shall include the recommendations of the

21 Secretary of State and the Attorney General to increase

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

23 Treaty. In considering the recommendations under this

24 subsection, the Secretary and the Attorney General shall

25 consult with such State and local officials in areas dis-
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1 proportionately impacted by aliens convicted of criminal

2 offenses as the Secretary and the Attorney General con3 sider appropriate. Such recommendations shall address

4 the following areas:

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

6 policies affecting the identification, prosecution, and

7 deportation of aliens who have committed a criminal

8 offense in the United States.

9 (2)Changes in State and local laws, regulations,

10 and policies affecting the identification, prosecution,

11 and deportation of aliens who have committed a

12 criminal offense in the United States.

13 (3) Changes in the Treaty that may be nec14 essary to increase the number of aliens convicted of

15 crimes who may be transferred pursuant to the

16 Treaty.

17 (4) Methods for preventing the unlawful re18 entry into the United States of aliens who have been

19 convicted of criminal offenses in the United States

20 and transferred pursuant to the Treaty.

21 (5) Any recommendations of appropriate offi22 cials of the Mexican Government on programs to

23 achieve the goals of, and ensure full compliance

24 with, the Treaty.
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1 (6) An assessment of whether the recommenda2 tions under this subsection require the renegotiation

3 of the Treaty.

4 (7) The additional funds required to implement

5 each recommendation under this subsection.

6 SEC. 510. EXPEDITING CRIMINAL ALIEN DEPORTATION AND

7 EXCLUSION.

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

9 Immigration and Nationality Act (8 U.S.C. 1251(a)(2))

10 is amended by adding at the end the following new sub11 paragraph:

12 ‘‘(E) CONVICTED DEFINED.—In this para13 graph, the term ‘convicted’ means a judge or

14 jury has found the alien guilty or the alien has

15 entered a plea of guilty or nolo contendere,

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

17 (b) DEPORTATION OF CONVICTED ALIENS.—

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

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

20 (A) by striking ‘‘(h) An alien’’ and insert21 ing ‘‘(h)(1) Subject to paragraph (2), an alien’’;

22 and

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

24 paragraph:
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1 ‘‘(2) An alien sentenced to imprisonment may be de2 ported prior to the termination of such imprisonment by

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

4 petitions the appropriate court or other entity with author5 ity concerning the alien to release the alien into the cus6 tody of the Service for execution of an order of deporta7 tion.’’.

8 (2) PROHIBITION OF REENTRY INTO THE

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

10 U.S.C. 1182(a)(2)) is amended—

11 (A) by redesignating subparagraph (F) as

12 subparagraph (G); and

13 (B) by inserting after subparagraph (E)

14 the following new subparagraph:

15 ‘‘(F) ALIENS DEPORTED BEFORE SERVING

16 MINIMUM PERIOD OF CONFINEMENT.—In addi17 tion to any other period of exclusion which may

18 apply an alien deported pursuant to section

19 242(h)(2) is excludable during the minimum pe20 riod of confinement to which the alien was sen21 tenced.’’.

22 (c) EXECUTION OF DEPORTATION ORDERS.—Section

23 242(i) of such Act (8 U.S.C. 1252(i)) is amended by add24 ing at the end the following: ‘‘An order of deportation may

25 not be executed until all direct appeals relating to the con-
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1 viction which is the basis of the deportation order have

2 been exhausted.’’.

3 TITLE VI—TERRORIST ALIENS

4 SEC. 601. REMOVAL OF ALIEN TERRORISTS.

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

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

7 ‘‘REMOVAL OF ALIEN TERRORISTS

8 ‘‘SEC. 242C. (a) DEFINITIONS.—As used in this sec9 tion—

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

11 described in section 241(a)(4)(B);

12 ‘‘(2) the term ‘classified information’ has the

13 same meaning as defined in section 1(a) of the Clas14 sified Information Procedures Act (18 U.S.C. App.

15 IV);

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

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

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

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

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

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

22 the hearing described in subsection (e) of this sec23 tion.

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

25 provisions of this section shall apply whenever the Attor26 ney General certifies under seal to the special court that—
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1 ‘‘(1) the Attorney General or Deputy Attorney

2 General has approved of the proceeding under this

3 section;

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

5 the United States; and

6 ‘‘(3) removal of such alien terrorist by deporta7 tion proceedings described in sections 242, 242A, or

8 242B would pose a risk to the national security of

9 the United States because such proceedings would

10 disclose classified information.

11 ‘‘(c) SPECIAL COURT.—(1) The Chief Justice of the

12 United States shall publicly designate up to 7 judges from

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

14 cases arising under this section, in a manner consistent

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

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

17 1803(a)).

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

19 discretion, designate the same judges under this section

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

21 ‘‘(d) INVOCATION OF SPECIAL COURT PROCE22 DURE.—(1) When the Attorney General makes the appli23 cation described in subsection (b), a single judge of the

24 special court shall consider the application in camera and

25 ex parte.
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1 ‘‘(2) The judge shall invoke the procedures of sub2 section (e), if the judge determines that there is probable

3 cause to believe that—

4 ‘‘(A) the alien who is the subject of the applica5 tion has been correctly identified;

6 ‘‘(B) a deportation proceeding described in sec7 tions 242, 242A, or 242B would pose a risk to the

8 national security of the United States because such

9 proceedings would disclose classified information;

10 and

11 ‘‘(C) the threat posed by the alien’s physical

12 presence is immediate and involves the risk of death

13 or serious bodily harm.

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

15 provided in paragraph (4), the special removal hearing au16 thorized by a showing of probable cause described in sub17 section (d)(2) shall be open to the public.

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

19 hearing and to be represented by counsel. Any alien finan20 cially unable to obtain counsel shall be entitled to have

21 counsel assigned to represent such alien. Counsel may be

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

23 States Code.

24 ‘‘(3) The alien shall have a right to introduce evi25 dence on his own behalf, and except as provided in para-
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1 graph (4), shall have a right to cross-examine any witness

2 or request that the judge issue a subpoena for the pres3 ence of a named witness.

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

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

6 the judge determines that public disclosure would pose a

7 risk to the national security of the United States because

8 it would disclose classified information.

9 ‘‘(5) With respect to any evidence described in para10 graph (4), the judge shall cause to be delivered to the alien

11 either—

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

13 statement admitting relevant facts that the specific

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

15 for such evidence of a summary of the specific evi16 dence; or

17 ‘‘(B) if disclosure of even the substituted evi18 dence described in subparagraph (A) would create a

19 substantial risk of death or serious bodily harm to

20 any person, a statement informing the alien that no

21 such summary is possible.

22 ‘‘(6) If the judge determines—

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

24 paragraph (4)(B) will provide the alien with sub-
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1 stantially the same ability to make his defense as

2 would disclosure of the specific evidence, or

3 ‘‘(B) that disclosure of even the substituted evi4 dence described in paragraph (5)(A) would create a

5 substantial risk of death or serious bodily harm to

6 any person,

7 then the determination of deportation (described in sub8 section (f)) may be made pursuant to this section.

9 ‘‘(f) DETERMINATION OF DEPORTATION.—(1) If the

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

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

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

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

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

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

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

17 been made, the judge shall, considering the evidence re18 ceived (in camera and otherwise), require that the alien

19 be deported if the Attorney General proves, by clear, con20 vincing, and unequivocal evidence, that the alien is subject

21 to deportation because he is an alien as described in sec22 tion 241(a)(4)(B).

23 ‘‘(g) APPEALS.—(1) The alien may appeal a deter24 mination under subsection (f) to the court of appeals for

25 the Federal Circuit, by filing a notice of appeal with such
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1 court within 20 days of the determination under such sub2 section.

3 ‘‘(2)(A) The Attorney General may appeal a deter4 mination under subsection (d), (e), or (f) to the court of

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

6 with such court within 20 days of the determination under

7 any one of such subsections.

8 ‘‘(B) When requested by the Attorney General, the

9 entire record of the proceeding under this section shall be

10 transmitted to the court of appeals under seal. If the At11 torney General is appealing a determination under sub12 section (d) or (e), the court of appeals shall consider such

13 appeal in camera and ex parte.’’.

14 SEC. 602. MEMBERSHIP IN A TERRORIST ORGANIZATION AS

15 A BASIS FOR EXCLUSION FROM THE UNITED

16 STATES UNDER THE IMMIGRATION AND NA17 TIONALITY ACT.

18 Section 212(a)(3)(B) of the Immigration and Nation19 ality Act (8 U.S.C. 1182(a)(3)(B)) is amended—

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

21 end;

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

23 ‘‘(III) is a member of an organi24 zation that engages in, or has engaged

25 in, terrorist activity or who actively
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1 supports or advocates terrorist activ2 ity,’’; and

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

4 ‘‘(iv) TERRORIST ORGANIZATION DE5 FINED.—As used in this Act, the term ‘ter6 rorist organization’ means an organization

7 which commits terrorist activity as deter8 mined by the Attorney General, in con9 sultation with the Secretary of State.’’.

10 TITLE VII—INSPECTIONS

11 SEC. 701. PREINSPECTION AT FOREIGN AIRPORTS.

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

13 Act is amended by inserting after section 235 the following

14 new section:

15 ‘‘PREINSPECTION AT FOREIGN AIRPORTS

16 ‘‘SEC. 235A. (a) ESTABLISHMENT OF

17 PREINSPECTION STATIONS.—(1) Subject to paragraph

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

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

20 the Secretary of State, shall establish and maintain

21 preinspection stations in at least 5 of the foreign airports

22 that are among the 10 foreign airports which the Attorney

23 General identifies as serving as last points of departure

24 for the greatest numbers of passengers who arrive from

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

26 Such preinspection stations shall be in addition to any
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1 preinspection stations established prior to the date of the

2 enactment of this section.

3 ‘‘(2) Not later than November 1, 1994, and each sub4 sequent November 1, the Attorney General shall compile

5 data identifying—

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

7 points of departure for aliens who arrived by air at

8 United States ports of entry without valid docu9 mentation during the preceding fiscal years,

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

11 arriving from each such foreign airport, and

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

13 from their country of origin to the United States.

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

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

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

17 establish preinspection stations in at least 5 additional for18 eign airports which the Attorney General, in consultation

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

20 compiled under paragraph (2) and such other information

21 as may be available would most effectively reduce the

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

23 of entry within the United States without valid docu24 mentation. Such preinspection stations shall be in addition

25 to those established prior to or pursuant to paragraph (1).
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1 ‘‘(4) Prior to the establishment of a preinspection

2 station the Attorney General, in consultation with the Sec3 retary of State, shall ensure that—

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

5 at the preinspection station and their accompanying

6 family members will receive appropriate protection,

7 ‘‘(B) such employees and their families will not

8 be subject to unreasonable risks to their welfare and

9 safety, and

10 ‘‘(C) the country in which the preinspection sta11 tion is to be established maintains practices and pro12 cedures with respect to asylum seekers and refugees

13 in accordance with the Convention Relating to the

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

15 or the Protocol Relating to the Status of Refugees

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

17 ‘‘(b) ESTABLISHMENT OF CARRIER CONSULTANT

18 PROGRAM.—The Attorney General shall assign additional

19 immigration officers to assist air carriers in the detection

20 of fraudulent documents at foreign airports which, based

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

22 served as a point of departure for a significant number

23 of arrivals at United States ports of entry without valid

24 documentation, but where no preinspection station exists.
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1 ‘‘(c) CLERICAL AMENDMENT.—The table of contents

2 is amended by inserting after the item relating to section

3 235 the following new item:

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

4 SEC. 702. TRAINING OF AIRLINE PERSONNEL IN DETEC5 TION OF FRAUDULENT DOCUMENTS.

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

7 1356(h)(2)(A)) is amended—

8 (1) in clause (iv), by inserting ‘‘, including

9 training of, and technical assistance to, commercial

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

11 States’’, and

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

13 ‘‘The Attorney General shall provide for expenditures for

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

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

16 the total of the expenses incurred that are described in

17 the previous sentence.’’.

18 (b) COMPLIANCE WITH DETECTION REGULA19 TIONS.—Section 212(f) (8 U.S.C. 1182(f)) is amended by

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

21 General finds that a commercial airline has failed to com22 ply with regulations of the Attorney General relating to

23 requirements of airlines for the detection of fraudulent

24 documents used by passengers traveling to the United

25 States (including the training of personnel in such detec-
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1 tion), the Attorney General may suspend the entry of some

2 or all aliens transported to the United States by such air3 line.’’.

4 (c) EFFECTIVE DATES.—

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

6 shall apply to expenses incurred during or after fis7 cal year 1994.

8 (2) The Attorney General shall first issue, in

9 proposed form, regulations referred to in the second

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

11 Nationality Act, as added by the amendment made

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

13 the date of the enactment of this Act.

14 SEC. 703. PASSPORT AND VISA OFFENSES PENALTIES IM15 PROVEMENT.

16 (a) IN GENERAL.—Chapter 75 of title 18, United

17 States Code, is amended—

18 (1) in section 1541, by striking ‘‘not more than

19 $500 or imprisoned not more than one year’’ and in20 serting ‘‘under this title or imprisoned not more

21 than 10 years’’;

22 (2) in each of sections 1542, 1543, and 1544,

23 by striking ‘‘not more than $2,000 or imprisoned

24 not more than five years’’ and inserting ‘‘under this

25 title or imprisoned not more than 10 years’’;
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1 (3) in section 1545, by striking ‘‘not more than

2 $2,000 or imprisoned not more than three years’’

3 and inserting ‘‘under this title or imprisoned not

4 more than 10 years’’;

5 (4) in section 1546(a), by striking ‘‘five years’’

6 and inserting ‘‘10 years’’;

7 (5) in section 1546(b), by striking ‘‘in accord8 ance with this title, or imprisoned not more than two

9 years’’ and inserting ‘‘under this title or imprisoned

10 not more than 10 years’’; and

11 (6) by adding at the end the following:

12 ‘‘§ 1547. Alternative imprisonment maximum for cer13 tain offenses

14 ‘‘Notwithstanding any other provision of this title,

15 the maximum term of imprisonment that may be imposed

16 for an offense under this chapter (other than an offense

17 under section 1545)—

18 ‘‘(1) if committed to facilitate a drug traffick19 ing crime (as defined in 929(a) of this title) is 15

20 years; and

21 ‘‘(2) if committed to facilitate an act of inter22 national terrorism (as defined in section 2331 of this

23 title) is 20 years.’’.

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

25 at the beginning of chapter 75 of title 18, United States
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1 Code, is amended by adding at the end the following new

2 item:

‘‘1547. Alternative imprisonment maximum for certain offenses.’’.

3 (c) ASSET FORFEITURE.—Section 981(a)(1) of title

4 18, United States Code, is amended by inserting after sub5 paragraph (F) the following:

6 ‘‘(G) Any property used in committing an of7 fense under section 1543 or 1546 of this title or for

8 which the maximum authorized imprisonment is set

9 by section 1547 of this title.’’.

10 TITLE VIII—ASYLUM

11 SEC. 801. INSPECTION AND EXCLUSION BY IMMIGRATION

12 OFFICERS.

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

14 1225(b)) is amended to read as follows:

15 ‘‘(b) INSPECTION AND EXCLUSION BY IMMIGRATION

16 OFFICERS.—

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

18 alien who is seeking entry to the United States.

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

20 determines that an alien seeking entry—

21 ‘‘(i) does not present the documentation

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

23 United States; and
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1 ‘‘(ii) does not indicate either an intention

2 to apply for provisional asylum (under section

3 208) or a fear of persecution,

4 the officer shall order the alien excluded from the

5 United States without further hearing or review.

6 ‘‘(B) The examining immigration officer shall

7 refer for immediate inspection at the port of entry

8 by an asylum officer under subparagraph (C) any

9 alien who (i) does not present the documentation re10 quired (if any) to obtain legal entry to the United

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

12 for provisional asylum or a fear of persecution. Such

13 an alien shall not be considered to have been in14 spected and admitted for purposes of this Act.

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

16 alien has a credible fear of persecution, the alien

17 shall be entitled to apply for provisional asylum

18 under section 208.

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

20 officer determines that an alien does not have a

21 credible fear of persecution the officer shall order

22 the alien excluded from the United States without

23 further hearing or review.

24 ‘‘(II) The Attorney General shall promulgate

25 regulations to provide for the immediate review by
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1 another asylum officer at the port of entry of a deci2 sion under subclause (I).

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

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

5 it is more probable than not that the statements

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

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

8 in light of such statements and of such other facts

9 as are known to the officer that the alien could es10 tablish eligibility for provisional asylum under sec11 tion 208.

12 ‘‘(iv) Notwithstanding any other provision of

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

14 by petition for habeas corpus, any determination

15 made with respect to an alien found excludable pur16 suant to this paragraph. In any such case, review by

17 habeas corpus shall be limited to examination of

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

19 ordered excluded from the United States pursuant to

20 this paragraph.

21 ‘‘(v) Notwithstanding any other provision of

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

23 procedures established by the Attorney General for

24 the determination of exclusion pursuant to this para25 graph, or (II) to enter declaratory or injunctive re-
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1 lief with respect to the implementation of this para2 graph. Regardless of the nature of the suit or claim,

3 no court shall have jurisdiction except by habeas cor4 pus petition as provided in clause (iv) to consider

5 the validity of any adjudication or determination

6 under this paragraph or to provide declaratory or in7 junctive relief with respect to the exclusion of any

8 alien pursuant to this paragraph.

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

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

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

12 jurisdiction to hear claims collaterally attacking the

13 validity of orders of exclusion or deportation entered

14 under sections 235, 236, and 242.

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

16 (B), if the examining immigration officer determines

17 that an alien seeking entry is not clearly and beyond

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

19 for a hearing before a special inquiry officer.

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

21 not apply—

22 ‘‘(i) to an alien crewman,

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

24 (2)(A) or 2(B), or
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1 ‘‘(iii) if the conditions described in section

2 273(d) exist.

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

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

5 shall be subject to challenge by any other immigra6 tion officer and such challenge shall operate to take

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

8 before a special inquiry officer for a hearing on ex9 clusion of the alien.

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

11 for purposes of this Act unless and until such alien

12 has been inspected and admitted by an immigration

13 officer pursuant to this subsection.

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

15 U.S.C. 1227(a)) is amended—

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

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

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

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

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

21 235(b)(2), if ’’.

22 SEC. 802. ASYLUM.

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

24 amended to read as follows:
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1 ‘‘SEC. 208. ASYLUM.–

2 (a) PROVISIONAL ASYLUM.—

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

4 shall establish a procedure for an alien physically

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

6 port of entry, irrespective of such alien’s status, to

7 apply for provisional asylum in accordance with this

8 section.

9 ‘‘(2) CONDITIONS FOR GRANTING.—

10 ‘‘(A) MANDATORY CASES.—The Attorney

11 General shall grant provisional asylum to an

12 alien if the alien applies for provisional asylum

13 in accordance with the requirements of this sec14 tion and establishes that it is more likely than

15 not that in the alien’s country of nationality

16 (or, in the case of a person having no national17 ity, the country in which such alien last habit18 ually resided) such alien’s life or freedom would

19 be threatened on account of race, religion, na20 tionality, membership in a particular social

21 group, or political opinion.

22 ‘‘(B) DISCRETIONARY CASES.—The Attor23 ney General may grant provisional asylum to an

24 alien if the alien applies for provisional asylum

25 in accordance with the requirements of this sec-
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1 tion and establishes that the alien is a refugee

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

3 ‘‘(C) EXCEPTIONS.—(i) Subparagraphs

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

5 Attorney General determines that—

6 ‘‘(I) the alien ordered, incited, as7 sisted, or otherwise participated in the per8 secution of any person on account of race,

9 religion, nationality, membership in a par10 ticular social group, or political opinion;

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

12 by a final judgment of a particularly seri13 ous crime, constitutes a danger to the com14 munity of the United States;

15 ‘‘(III) there are serious reasons for

16 believing that the alien has committed a

17 serious nonpolitical crime outside the

18 United States prior to the arrival of the

19 alien in the United States;

20 ‘‘(IV) there are reasonable grounds

21 for regarding the alien as a danger to the

22 security of the United States; or

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

24 alien has been identified (other than the

25 country described in subparagraph (A)) to
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1 which the alien can be deported or re2 turned and the alien does not establish

3 that it is more likely than not that the

4 alien’s life or freedom would be threatened

5 in such country on account of race, reli6 gion, nationality, membership in a particu7 lar social group, or political opinion.

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

9 alien who has been convicted of an aggravated

10 felony shall be considered to have committed a

11 particularly serious crime.

12 ‘‘(II) The Attorney General shall promul13 gate regulations that specify additional crimes

14 that will be considered to be a crime described

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

16 ‘‘(III) The Attorney General shall promul17 gate regulations establishing such additional

18 limitations and conditions as the Attorney Gen19 eral considers appropriate under which an alien

20 shall be ineligible to apply for provisional asy21 lum under subparagraph (B).

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

23 case of any alien granted provisional asylum under

24 paragraph (2)(A), the Attorney General, in accord25 ance with this section—
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1 ‘‘(A) shall not deport or return the alien to

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

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

4 employment in the United States and provide

5 the alien with an ‘employment authorized’ en6 dorsement or other appropriate work permit;

7 and

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

9 with the prior consent of the Attorney General.

10 ‘‘(4) TERMINATION.—Provisional asylum grant11 ed under paragraph (2) may be terminated if the At12 torney General, pursuant to such regulations as the

13 Attorney General may prescribe, determines that—

14 ‘‘(A) the alien no longer meets the condi15 tions described in paragraph (2) owing to a

16 change in circumstances in the alien’s country

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

18 no nationality, in the country in which the alien

19 last habitually resided;

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

21 in paragraph (2)(C); or

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

23 has been identified (other than the country de24 scribed in paragraph (2)) to which the alien can

25 be deported or returned and the alien cannot
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1 establish that it is more likely than not that the

2 alien’s life or freedom would be threatened in

3 such country on account of race, religion, na4 tionality, membership in a particular social

5 group, or political opinion.

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

7 the case of an alien described in paragraph

8 (2)(C)(i)(V) or paragraph (4)(C), the alien’s depor9 tation or return shall be directed by the Attorney

10 General in the sole discretion of the Attorney Gen11 eral, to any country which is willing to accept the

12 alien into its territory (other than the country de13 scribed in paragraph (2)(A)).

14 ‘‘(b) PROVISIONAL ASYLUM APPLICATIONS.—

15 ‘‘(1) IN GENERAL.—

16 ‘‘(A) DEADLINE.—Subject to subpara17 graph (B), an alien’s application for provisional

18 asylum shall not be considered under this sec19 tion unless—

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

21 30 days after entering or coming to the

22 United States, notice of intention to file

23 such an application, and
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1 ‘‘(ii) such application is actually filed

2 not later than 60 days after entering or

3 coming to the United States.

4 ‘‘(B) EXCEPTION.—An application for pro5 visional asylum may be considered, not with6 standing that the requirements of subparagraph

7 (A) have not been met, only if the alien dem8 onstrates by clear and convincing evidence

9 changed circumstances in the alien’s country of

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

11 nationality, in the country where the alien last

12 habitually resided) affecting eligibility for provi13 sional asylum.

14 ‘‘(2) REQUIREMENTS.—An application for pro15 visional asylum shall not be considered unless the

16 alien submits to the taking of fingerprints and a

17 photograph in a manner determined by the Attorney

18 General.

19 ‘‘(3) PREVIOUS DENIAL OF ASYLUM.—An appli20 cation for provisional asylum shall not be considered

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

22 which the alien had access to a full and fair proce23 dure for determining his or her asylum claim in ac24 cordance with a bilateral or multilateral agreement

25 between that country and the United States.
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1 ‘‘(4) FEES.—In the discretion of the Attorney

2 General, the Attorney General may impose reason3 able fees for the consideration of an application for

4 provisional asylum, for employment authorization

5 under this section, and for adjustment of status

6 under section 209(b). The Attorney General is au7 thorized to provide for the assessment and payment

8 of any such fee over a period of time or by install9 ments.

10 ‘‘(5) EMPLOYMENT.—An applicant for provi11 sional asylum is not entitled to engage in employ12 ment in the United States. The Attorney General

13 may authorize an alien who has filed an application

14 for provisional asylum to engage in employment in

15 the United States, in the discretion of the Attorney

16 General.

17 ‘‘(6) NOTICE OF CONSEQUENCES OF FRIVOLOUS

18 APPLICATIONS.—At the time of filing a notice of in19 tention to apply for provisional asylum, the alien

20 shall be advised of the consequences, under sub21 section (e), of filing a frivolous application for provi22 sional asylum.

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

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

25 for provisional asylum of an alien who does not ap-
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1 pear for a hearing on such application shall be sum2 marily dismissed unless the alien can show excep3 tional circumstances (as defined in section

4 242B(f)(2)) as determined by an asylum officer or

5 immigration judge.

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

7 and oral notice were not provided to the alien of the

8 time and place at which the asylum hearing was to

9 be held, and in the case of any change or postpone10 ment in such time or place, written and oral notice

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

12 of the hearing.

13 ‘‘(d) ASYLUM.—

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

15 regulations as the Attorney General may prescribe,

16 the Attorney General shall adjust to the status of an

17 alien granted asylum the status of any alien granted

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

19 (a)(2)(B) who—

20 ‘‘(A) applies for such adjustment;

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

22 United States for at least 1 year after being

23 granted provisional asylum;

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

25 asylum under this section; and
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1 ‘‘(D) is admissible under this Act at the

2 time of examination for adjustment of status

3 under this subsection.

4 ‘‘(2) TREATMENT OF SPOUSE AND CHIL5 DREN.—A spouse or child (as defined in section

6 101(b)(A), (B), (C), (D), or (E)) of an alien whose

7 status is adjusted to that of an alien granted asylum

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

9 status as the alien if accompanying, or following to

10 join, such alien.

11 ‘‘(3) APPLICATION FEES.—The Attorney Gen12 eral may impose a reasonable fee for the filing of an

13 application for asylum under this subsection.

14 ‘‘(e) DENIAL OF IMMIGRATION BENEFITS FOR FRIV15 OLOUS APPLICATIONS.—

16 ‘‘(1) IN GENERAL.—If the Attorney General de17 termines that an alien has made a frivolous applica18 tion for provisional asylum under this section and

19 the alien has received the notice under subsection

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

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

22 of a final determination on such application.

23 ‘‘(2) TREATMENT OF MATERIAL MISREPRESEN24 TATIONS.—For purposes of this subsection, an appli25 cation considered to be ‘frivolous’ includes, but is
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1 not limited to, an application which contains a will2 ful misrepresentation or concealment of a material

3 fact.’’.

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

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

6 follows:

‘‘Sec. 208. Asylum.’’.

7 SEC. 803. FAILURE TO APPEAR FOR PROVISIONAL ASYLUM

8 HEARING; JUDICIAL REVIEW.

9 (a) FAILURE TO APPEAR FOR PROVISIONAL ASYLUM

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

11 amended—

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

13 inserting ‘‘PROVISIONAL ASYLUM’’;

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

15 and inserting ‘‘provisional asylum’’; and

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

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

18 any benefits under this Act.’’.

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

20 1105a) is amended by adding at the end the following sub21 section:

22 ‘‘(d) The procedure prescribed by, and all the provi23 sions of chapter 158 of title 28, United States Code, shall

24 apply to, and shall be the sole and exclusive procedure for,
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1 the judicial review of all final orders granting or denying

2 provisional asylum, except that—

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

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

5 final order granting or denying provisional asylum;

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

7 this subsection shall be in the judicial circuit in

8 which the administrative proceedings were conducted

9 in whole or in part, or in the judicial circuit wherein

10 is the residence, as defined in this Act, of the peti11 tioner, but not in more than one circuit; and

12 ‘‘(3) notwithstanding any other provision of

13 law, a determination granting or denying provisional

14 asylum based on changed circumstances pursuant to

15 section 208(b)(1)(A)(ii) shall be in the sole discre16 tion of the officer conducting the administrative pro17 ceeding.’’.

18 SEC. 804. CONFORMING AMENDMENTS.

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

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

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

22 U.S.C. 1159(b)) is amended—

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

24 inserting ‘‘2 years’’; and
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1 (2) by amending paragraph (3) to read as

2 follows:

3 ‘‘(3) continues to be eligible for provisional asy4 lum under section 208,’’.

5 (c) ALIENS INELIGIBLE FOR TEMPORARY PRO6 TECTED STATUS.—Section 244A(c)(2)(B)(ii) (8 U.S.C.

7 1254a(c)(2)(B)(ii)) is amended by striking ‘‘section

8 243(h)(2)’’ and inserting ‘‘section 208(a)(2)(C)’’.

9 (d) ELIGIBILITY FOR NATURALIZATION.—Section

10 316(f)(1) (8 U.S.C. 1427(f)(1)) is amended by striking

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

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

13 (e) FAMILY UNITY.—Section 301(e) of the Immigra14 tion Act of 1990 (Public Law 101–649) is amended by

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

16 208(a)(2)(C).’’.

17 SEC. 805. EFFECTIVE DATES.

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

19 amendments made by this title shall take effect on the

20 date of the enactment of this Act.

21 (b) EXCEPTIONS.—

22 (1) The amendments made by this title shall

23 not apply to applications for asylum or withholding

24 of deportation made before the first day of the first

25 month that begins more than 180 days after the
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1 date of the enactment of this Act and no application

2 for provisional asylum under section 208 of the Im3 migration and Nationality Act (as amended by sec4 tion 801 of this title) shall be considered before such

5 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 provisional

14 asylum is 30 days after such first day, and

15 (B) the deadline for the filing of the appli16 cation for provisional asylum is 30 days after

17 the date of filing such notice.

18 (3) The amendments made by section 803(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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