I

103D CONGRESS

2D SESSION H. R. 4059

To amend the Immigration and Nationality Act to provide for the expedited

deportation of criminal aliens, to expand the health-related causes for

which aliens may be excluded, to prohibit certain Federal benefits to

aliens who are not lawfully within the United States, and to provide

that aliens applying for asylum shall be detained.

IN THE HOUSE OF REPRESENTATIVES

MARCH 16, 1994

Mr. TAYLOR of North Carolina (for himself, Mr. SOLOMON, Mr. CRANE, Mr.

CRAMER, Mr. BOEHNER, and Mr. WILSON) introduced the following bill;

which was referred jointly to the Committees on the Judiciary, Government Operations, and Ways and Means

A BILL

To amend the Immigration and Nationality Act to provide

for the expedited deportation of criminal aliens, to expand the health-related causes for which aliens may be

excluded, to prohibit certain Federal benefits to aliens

who are not lawfully within the United States, and to

provide that aliens applying for asylum shall be detained.

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

3 SECTION 1. SHORT TITLE.

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

5 Act of 1994’’.
2

•HR 4059 IH

1 SEC. 2. EXPEDITED DEPORTATION AND EXCLUSION OF

2 CONVICTED ALIENS.

3 (a) DEPORTATION.—Section 242(h) of the Immigra4 tion and Nationality Act (8 U.S.C. 1252(h)) is amended

5 to read as follows:

6 ‘‘(h)(1) Subject to paragraphs (2) and (3), an alien

7 sentenced to imprisonment shall be deported promptly

8 after sentencing, whether or not the alien appeals such

9 conviction and sentence.

10 ‘‘(2) In the discretion of the Attorney General, the

11 Attorney General may defer the deportation of any alien

12 under this subsection until the termination of imprison13 ment.

14 ‘‘(3) This subsection shall apply—

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

16 the Attorney General, if the Attorney General deter17 mines that the alien has been adequately punished

18 and that such deportation of the alien is appro19 priate; or

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

21 a State, if the chief State official exercising author22 ity with respect to the incarceration of the alien de23 termines (i) that the alien has been adequately pun24 ished and that such deportation is appropriate, and

25 (ii) submits a written request to the Attorney Gen26 eral that such alien be so deported.’’.
3

•HR 4059 IH

1 (b) PROHIBITION OF REENTRY INTO THE UNITED

2 STATES.—Section 212(a)(2) of such Act (8 U.S.C.

3 1182(a)(2)) is amended—

4 (A) by redesignating subparagraph (F) as sub5 paragraph ‘‘(G)’’; and

6 (B) by inserting after subparagraph (E) the fol7 lowing new subparagraph:

8 ‘‘(F) ALIENS DEPORTED BEFORE SERVING MIN9 IMUM PERIOD OF CONFINEMENT.—An alien de10 ported pursuant to section 242(h) is excludable dur11 ing the minimum period of confinement to which the

12 alien was sentenced.’’.

13 SEC. 3. EXCLUSION OF ALIENS ON HEALTH-RELATED

14 GROUNDS.

15 (a) EXCLUSION OF ALIENS ON HEALTH-RELATED

16 GROUNDS.—Section 212(a)(1)(A)(i) of the Immigration

17 and Nationality Act (8 U.S.C. 1182(a)(1)(A)(i)) is amend18 ed by inserting at the end ‘‘which shall include infection

19 with the etiologic agent for acquired immune deficiency

20 syndrome, gonorrhea, syphilis, leprosy, and tuberculosis’’.

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

22 this section shall take effect 30 days after the date of en23 actment of this Act.
4

•HR 4059 IH

1 SEC. 4. PROHIBITION OF DIRECT FEDERAL FINANCIAL

2 BENEFITS TO ALIENS NOT LAWFULLY WITHIN

3 THE UNITED STATES.

4 (a) IN GENERAL.—On and after the date of the en5 actment of this Act, notwithstanding any other provision

6 of law, no direct Federal financial benefit or social insur7 ance benefit may be paid or otherwise given to any person

8 not lawfully present in the United States, except pursuant

9 to a provision of the Immigration and Nationality Act.

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

11 not been granted employment authorization pursuant to

12 Federal law shall be eligible for unemployment benefits.

13 (c) CONSTRUCTION.—This section shall not apply to

14 the provision of foreign aid to aliens abroad.

15 (d) DEFINITION.—For purposes of this section, the

16 term ‘‘person not lawfully within the United States’’

17 means any person who at the time the person applies for,

18 receives, or attempts to receive a Federal financial benefit

19 or social insurance benefit is not a United States citizen,

20 a permanent resident alien, an asylee, a refugee, a parolee,

21 or a non-immigrant in status.

22 (e) PROGRAMS FOR WHICH ALIENS MAY BE ELIGI23 BLE.—The limitation under subsection (a) shall not apply

24 to medical assistance with respect to emergency services

25 (as defined for purposes of section 1916(a)(2)(D) of the

26 Social Security Act). The provision of any such medical
5

•HR 4059 IH

1 assistance pursuant to this subsection may not exceed 30

2 days.

3 SEC. 5. DETENTION OF ALIENS APPLYING FOR ASYLUM.

4 (a) IN GENERAL.—Section 208 of the Immigration

5 and Nationality Act (8 U.S.C. 1158) is amended by add6 ing at the end the following:

7 ‘‘(e) An applicant for asylum under subsection (a)

8 who is not lawfully within the United States shall be de9 tained pending a final determination regarding the asylum

10 application.’’.

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

12 subsection (a) shall take effect with respect to aliens who

13 apply for asylum beginning 90 days after the date of en14 actment of this Act.

Æ