I

103D CONGRESS

2D SESSION H. R. 3862

To effect a moratorium on immigration by aliens other than refugees, priority

workers, and the spouses and children of United States citizens.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 10, 1994

Mr. STUMP (for himself and Mr. CALLAHAN) introduced the following bill;

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

Means, Agriculture, and Banking, Finance and Urban Affairs

A BILL

To effect a moratorium on immigration by aliens other than

refugees, priority workers, and the spouses and children

of United States citizens.

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; REFERENCES IN ACT.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Immigration Moratorium Act of 1994’’.

6 (b) REFERENCES IN ACT.—Except as otherwise ex7 pressly provided, whenever in this Act an amendment or

8 repeal is expressed in terms of an amendment to, or repeal

9 of, a section or other provision, the reference shall be con-
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1 sidered to be made to a section or other provision of the

2 Immigration and Nationality Act.

3 TITLE I—IMMIGRATION MORATORIUM

4 SEC. 101. IMMIGRATION MORATORIUM DEFINED.

5 As used in this Act, the term ‘‘immigration morato6 rium’’ means the period beginning on October 1, 1994,

7 and ending on September 30 of the first fiscal year after

8 fiscal year 1999 during which the President submits a re9 port to Congress, which is approved by a joint resolution

10 of Congress, that the flow of illegal immigration has been

11 reduced to less than 10,000 aliens per year and that any

12 increase in legal immigration resulting from termination

13 of the immigration moratorium would have no adverse im14 pact on the wages and working conditions of United States

15 citizens or on the achievement or maintenance of Federal

16 environmental quality standards in those localities where

17 immigrants are likely to settle.

18 SEC. 102. WORLDWIDE LEVELS OF IMMIGRATION.

19 Notwithstanding section 201 of the Immigration and

20 Nationality Act, during the immigration moratorium in

21 lieu of the worldwide levels of immigration under section

22 201 (8 U.S.C. 1151)—

23 (1) the worldwide level of family-sponsored im24 migrants under section 201(c) is 10,000;
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1 (2) the worldwide level of employment-based

2 immigrants under section 201(d) is 5,000; and

3 (3) the worldwide level of diversity immigrants

4 under section 201(e) is zero.

5 SEC. 103. ALLOTMENT OF VISAS.

6 (a) IN GENERAL.—Notwithstanding section 203 of

7 the Immigration and Nationality Act, during the immigra8 tion moratorium, in lieu of the number of visas that may

9 be allotted under section 203 (8 U.S.C. 1153)—

10 (1) the number of visas that shall be allotted to

11 family-sponsored immigrants under section 203(a)

12 shall be 10,000 for qualified immigrants under sec13 tion 203(a)(2) and zero for other family-sponsored

14 immigrants;

15 (2) the number of visas that shall be allotted in

16 any fiscal year to priority workers under section

17 203(b)(1) shall not exceed the worldwide level of em18 ployment-based immigrants for that fiscal year, and

19 the number of visas that shall be allotted to other

20 aliens subject to the worldwide level for employment21 based immigrants shall be zero; and

22 (3) the number of visas that shall be allotted to

23 diversity immigrants under section 203(c) shall be

24 zero.
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1 (b) LIMITATION ON SPONSORSHIP BY CERTAIN

2 ALIENS.—Notwithstanding any other provision of law, no

3 visa may be allotted to any immigrant on the basis of a

4 petition by an individual who has filed an application

5 under section 210, section 210A, or section 245A of the

6 Immigration and Nationality Act.

7 SEC. 104. GRANTING IMMIGRANT STATUS.

8 During the immigration moratorium, the Attorney

9 General may not approve any petition for classification

10 under section 204 except for classification by reason of

11 a family relationship described in section 201(b)(2) or pri12 ority worker status under section 203(b)(1). Petitions that

13 may not be approved during the moratorium shall be re14 turned to the persons who filed the petitions.

15 SEC. 105. ANNUAL ADMISSION OF REFUGEES.

16 Notwithstanding any other provision of law, during

17 the immigration moratorium, the number of refugees who

18 may be admitted under section 207, including the number

19 of admissions made available to adjust to the status of

20 permanent residence the status of aliens granted asylum

21 under section 209(b), shall not exceed 25,000 in any fiscal

22 year.

23 SEC. 106. IMMEDIATE RELATIVES DEFINED.

24 During the immigration moratorium, the term ‘‘im25 mediate relatives’’ for purposes of section 201(b) means
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1 the children and spouse of a citizen of the United States

2 who shall have acquired citizenship under chapter 1 of title

3 III of the Immigration and Nationality Act.

4 SEC. 107. EFFECTIVE DATE.

5 This title shall take effect October 1, 1994.

6 TITLE II—PROHIBITION OF FEDERAL

7 BENEFITS FOR CERTAIN ALIENS

8 SEC. 201. PROHIBITION OF DIRECT FEDERAL FINANCIAL

9 BENEFITS AND UNEMPLOYMENT BENEFITS

10 TO ALIENS WHO ARE NOT LAWFUL PERMA11 NENT RESIDENTS.

12 (a) IN GENERAL.—On and after the date of the en13 actment of this Act, notwithstanding any other provision

14 of law, no direct Federal financial benefit or social insur15 ance benefit, including (but not limited to)—

16 (1) payments under the aid to families with de17 pendent children program under part A of title IV

18 of the Social Security Act,

19 (2) benefits under the supplemental security in20 come program under title XVI of the Social Security

21 Act,

22 (3) food stamps under the Food Stamp Act of

23 1977, and
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1 (4) financial assistance (as defined in section

2 214(b) of the Housing and Community Development

3 Act of 1980),

4 may be paid or otherwise given to any person who is not

5 a citizen or national of the United States, an alien lawfully

6 admitted for permanent residence, or an alien otherwise

7 lawfully and permanently residing in the United States (as

8 defined in subsection (e)), except pursuant to a provision

9 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) SOCIAL SECURITY BENEFITS.—

14 (1) IN GENERAL.—Subsection (a) shall not

15 apply to benefits paid under the old age, survivors,

16 and disability insurance program under title II of

17 the Social Security Act.

18 (2) NO CREDIT FOR WAGES FOR UNAUTHOR19 IZED EMPLOYMENT.—Notwithstanding any other

20 provision of law, wages paid on or after the date of

21 the enactment of this Act with respect to an alien’s

22 employment which is not authorized under law shall

23 not be taken into account in crediting quarters of

24 coverage under title II of the Social Security Act.
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1 (d) CONSTRUCTION.—This section shall not apply to

2 the provision of foreign aid to aliens abroad.

3 (e) DEFINITION.—For purposes of this section, the

4 term ‘‘alien otherwise lawfully and permanently residing

5 in the United States’’ means any person who at the time

6 the person applies for, receives, or attempts to receive a

7 Federal financial benefit or social insurance benefit is an

8 asylee, a refugee, or a parolee.

9 TITLE III—ASYLUM REFORM

10 SEC. 301. INSPECTION AND EXCLUSION BY IMMIGRATION

11 OFFICERS.

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

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

14 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

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

25 to apply for asylum (under section 208) or a
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1 fear of persecution, the officer shall order the

2 alien excluded from the United States without

3 further hearing or review.

4 ‘‘(B) The examining immigration officer shall

5 refer for immediate inspection at a port of entry by

6 an asylum officer under subparagraph (C) any alien

7 who has indicated an intention to apply for asylum

8 or a fear of persecution.

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

10 alien has a credible fear of persecution, the alien

11 shall be entitled to apply for asylum under section

12 208.

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

14 alien does not have a credible fear of persecution the

15 officer shall order the alien excluded from the

16 United States without further hearing or review.

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

18 (B), if the examining immigration officer determines

19 that an alien seeking entry is not clearly and beyond

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

21 for a hearing before a special inquiry officer.

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

23 not apply—

24 ‘‘(i) to an alien crewman,
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1 ‘‘(ii) to an alien described in paragraph

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

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

4 273(d) exist.

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

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

7 shall be subject to challenge by any other immigra8 tion officer and such challenge shall operate to take

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

10 before a special inquiry officer for a hearing on ex11 clusion of the alien.

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

13 has not entered the United States for purposes of

14 this Act unless and until such alien has been in15 spected and admitted by an immigration officer pur16 suant to this subsection.

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

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

19 the United States for a continuous period of one

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

21 by an immigration officer shall be deemed to have

22 entered the United States without inspection.

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

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

25 the United States, arrangements with the govern-
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1 ments of countries contiguous to the United States

2 that any excludable or deportable alien who is to de3 part the United States to such country under an

4 order of deportation, under a grant of voluntary de5 parture with safeguards, or at a time when the alien

6 is in federal custody shall be transported to a point

7 in the contiguous country that, to the extent prac8 ticable, is not less than 500 kilometers from the bor9 der of the United States.’’.

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

11 of the Immigration and Nationality Act is amended by

12 adding the following paragraphs:

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

14 United States or boarding a common carrier for the

15 purpose of coming to the United States, presents

16 any document which is forged, counterfeit, altered,

17 falsely made, stolen, or inapplicable to the alien pre18 senting the document, or otherwise contains a mis19 representation of a material fact, shall be excluded.

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

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

22 the document or documents to which that subpara23 graph refers were presented by the alien solely to en24 able the alien to depart directly from—
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1 ‘‘(A) a country in which the alien had a

2 credible fear of persecution; or

3 ‘‘(B) a country in which there was a sig4 nificant danger that the alien would be returned

5 to a country in which the alien would have a

6 credible fear of persecution.

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

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

9 it is more probable than not that the statements

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

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

12 in light of such statements and of such other facts

13 as are known to the officer that the alien could es14 tablish eligibility for asylum under section 208.

15 ‘‘(H) Any alien who, in boarding a common car16 rier for the purpose of coming to the United States,

17 presents a document that relates or purports to re18 late to the alien’s eligibility to enter the United

19 States, and fails to present such document to an im20 migration officer upon arrival at a port of entry into

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

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

23 U.S.C. 1227(a)) is amended—
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1 (1) in the second sentence of paragraph (1) by

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

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

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

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

6 235(b)(2), if ’’.

7 SEC. 302. ASYLUM.

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

9 amended to read as follows:

10 ‘‘SEC. 208. (a) ASYLUM.—

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

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

13 port of entry may apply for asylum in accordance

14 with this section.

15 ‘‘(2) CONDITIONS FOR GRANTING.—

16 ‘‘(A) GRANTS BY ATTORNEY GENERAL.—

17 The Attorney General may grant asylum to an

18 alien if the alien applies for asylum in accord19 ance with the requirements of this section and

20 establishes that it is more probable than not

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

22 the case of a person having no nationality, the

23 country in which such alien last habitually re24 sided) such alien would be arrested and incar25 cerated or such alien’s life would be threatened
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1 on account of race, religion, nationality, mem2 bership in a particular social group, or political

3 opinion.

4 ‘‘(B) EXCEPTION.—Subparagraph (A)

5 shall not apply to an alien if the Attorney Gen6 eral determines that—

7 ‘‘(i) the alien ordered, incited, as8 sisted, or otherwise participated in the per9 secution of any person on account of race,

10 religion, nationality, membership in a par11 ticular social group, or political opinion;

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

13 by a final judgment of a particularly seri14 ous crime, constitutes a danger to the com15 munity of the United States;

16 ‘‘(iii) there are serious reasons for be17 lieving that the alien has committed a seri18 ous nonpolitical crime outside the United

19 States prior to the arrival of the alien in

20 the United States;

21 ‘‘(iv) there are reasonable grounds for

22 regarding the alien as a danger to the se23 curity of the United States; or

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

25 alien has been identified (other than the
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1 country described in subparagraph (A)) to

2 which the alien can be deported or re3 turned and the alien does not establish

4 that it is more likely than not that the

5 alien would be incarcerated or the alien’s

6 life would be threatened in such country on

7 account of race, religion, nationality, mem8 bership of a particular social group, or po9 litical opinion. For purposes of clause (ii),

10 an alien who has been convicted of an ag11 gravated felony shall be considered to have

12 committed a particularly serious crime.

13 The Attorney General shall promulgate

14 regulations that specify additional crimes

15 that will be considered to be a crime de16 scribed in clause (ii) or clause (iii).

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

18 granted asylum under paragraph (2), the Attorney

19 General, in accordance with this section—

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

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

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

23 employment in the United States and provide

24 the alien with an ‘employment authorized’ en-
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1 dorsement or other appropriate work permit;

2 and

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

4 with the prior consent of the Attorney General,

5 except that such travel may not be authorized

6 to the country from which the alien claimed to

7 be fleeing persecution.

8 ‘‘(4) TERMINATION.—Asylum granted under

9 paragraph (2) shall be terminated if the Attorney

10 General, pursuant to such regulations as the Attor11 ney General may prescribe, determines that—

12 ‘‘(A) the alien no longer meets the condi13 tions described in paragraph (2) owing to a

14 change in circumstances in the alien’s country

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

16 no nationality, in the country in which the alien

17 last habitually resided;

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

19 in paragraph (2);

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

21 has been identified (other than the country de22 scribed in paragraph (2)) to which the alien can

23 be deported or returned and the alien cannot

24 establish that it is more likely than not that the

25 alien would be arrested or incarcerated in such
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1 country on account of race, religion, nationality,

2 membership in a particular social group, or po3 litical opinion; or

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

5 which the alien claimed to be fleeing persecu6 tion or makes application with the Attorney

7 General to return to the country from which the

8 alien claimed to fleeing persecution.

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

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

11 or paragraph (4)(C), the alien’s deportation or re12 turn shall be directed by the Attorney General in the

13 sole discretion of the Attorney General, to any coun14 try which is willing to accept the alien into its terri15 tory (other than the country described in paragraph

16 (2)).

17 ‘‘(b) ASYLUM PROCEDURE.—

18 ‘‘(1) APPLICATIONS.—

19 ‘‘(A) IN GENERAL.—

20 ‘‘(i) DEADLINE.—Subject to clause

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

22 not be considered under this section un23 less—

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

25 than 30 days after entering or coming
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1 to the United States, notice of inten2 tion to file such an application, and

3 ‘‘(II) such application is actually

4 filed not later than 45 days after en5 tering or coming to the United States.

6 ‘‘(ii) EXCEPTION.—An application for

7 temporary asylum may be considered, not8 withstanding that the requirements of

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

10 alien demonstrates by clear and convincing

11 evidence changed circumstances in the

12 alien’s country of nationality (or in the

13 case of an alien with no nationality, in the

14 country where the alien last habitually re15 sided) affecting eligibility for asylum.

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

17 temporary asylum shall not be considered un18 less the alien submits to the taking of finger19 prints and a photograph in a manner deter20 mined by the Attorney General.

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

22 provide for a reasonable fee for the consider23 ation of an application for asylum or for any

24 employment authorization under subsection

25 (a)(3)(B).
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1 ‘‘(D) NOTICE OF PRIVILEGE OF COUNSEL

2 AND CONSEQUENCES OF FRIVOLOUS APPLICA3 TION.—At the time of filing a notice of inten4 tion to apply for asylum, the alien shall be ad5 vised of the privilege of being represented (at

6 no expense to the government) by such counsel,

7 authorized to practice in such proceedings, as

8 the alien shall choose and of the consequences,

9 under subsection (d), of filling a frivolous appli10 cation for temporary asylum.

11 ‘‘(2) CONSIDERATION OF APPLICATIONS; HEAR12 INGS.—

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

14 temporary asylum shall be considered by offi15 cers of the Service (referred to in this Act as

16 ‘asylum officers’) who are specially designated

17 by the Service as having special training and

18 knowledge of international conditions and

19 human rights records of foreign countries.

20 Pending the designation of such officers, indi21 viduals who as of the date of the enactment of

22 the Immigration Stabilization Act of 1993 are

23 authorized to perform duties as asylum officers

24 shall be deemed to be qualified to be asylum

25 officers for purposes of this Act.
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1 ‘‘(B) SCHEDULING OF HEARINGS.—

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

3 an application for asylum, an asylum offi4 cer, at the earliest practicable time and

5 after consultation with the attorney for the

6 Government and the attorney (if any) for

7 the applicant, shall set the application for

8 hearing on a day certain or list it on a

9 weekly or other short-term calendar, so as

10 to assure a speedy hearing.

11 ‘‘(ii) DEADLINE.—Unless the appli12 cant (or an attorney for the applicant) con13 sents in writing to the contrary, the hear14 ing on the asylum application shall com15 mence not later than 45 days after the

16 date the application was filed.

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

18 temporary asylum application shall be open to

19 the public unless the applicant requests that it

20 be closed to the public.

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

22 shall, to the extent practicable, conduct the

23 hearing in a nonadversarial manner. During

24 such hearing, the applicant shall have the privi25 lege of the assistance and participation of coun-
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1 sel (as provided under paragraph (1)(D)) and

2 both the government and the applicant shall be

3 entitled to present evidence and witnesses, to

4 examine and object to evidence, and to cross-ex5 amine all witnesses.

6 ‘‘(E) COUNTRY CONDITIONS.—An officer

7 may request opinions regarding country condi8 tions from the Secretary of State, but shall not

9 request or consider recommendations from the

10 Secretary of State as to whether a particular

11 named individual should or should not be grant12 ed temporary asylum.

13 ‘‘(F) TRANSCRIPT OF HEARINGS.—A com14 plete record of the proceedings and of all testi15 mony and evidence produced at the hearing

16 shall be kept. The hearing shall be recorded

17 verbatim. The Attorney General and the Service

18 shall provide that a transcript of a hearing held

19 under this section is made available not later

20 than 10 days after the date of completion of the

21 hearing.

22 ‘‘(G) DEADLINE FOR DETERMINATIONS ON

23 APPLICATIONS.—The officer shall render a de24 termination on the application not later than 30

25 days after the date of completion of the hear-
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1 ing. The determination of the officer shall be

2 based only on the officer’s knowledge of inter3 national conditions and human rights records of

4 foreign countries, and evidence produced at the

5 hearing.

6 ‘‘(H) RESOURCE ALLOCATION.—The At7 torney General shall allocate sufficient re8 sources so as to assure that applications for

9 asylum are heard and determined on a timely

10 basis. However, nothing in this paragraph relat11 ing to scheduling or deadlines shall be con12 strued as creating any right or benefit, sub13 stantive or procedural, which is legally enforce14 able by any party against the United States, its

15 agencies, its officers, or any other person.

16 ‘‘(I) SANCTIONS FOR FAILURE TO

17 APPEAR.—

18 ‘‘(i) Subject to clause (ii), the applica19 tion for asylum of an alien who does not

20 appear for a hearing on such application

21 shall be summarily dismissed unless the

22 alien can show exceptional circumstances

23 (as defined in section 242B(f)(2)) as deter24 mined by the asylum officer.
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1 ‘‘(ii) Clause (i) shall not apply if writ2 ten and oral notice were not provided as

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

4 ‘‘(iii) Except in exceptional cir5 cumstances (as defined in section

6 242B(f)(2)), an application summarily dis7 missed in accordance with Clause (i) shall

8 not be reopened or reconsidered nor shall

9 a new application for asylum be enter10 tained by the Attorney General at any

11 time.

12 ‘‘(J) FINALITY OF DETERMINATIONS.—

13 ‘‘(i) IN GENERAL.—The decision of

14 the asylum officer shall be the final admin15 istrative determination of a claim for asy16 lum.

17 ‘‘(ii) TREATMENT OF CASES IN EX18 CLUSION OR DEPORTATION.—If proceed19 ings are instituted against an alien under

20 section 235 or 242 of this Act and the

21 alien files an application for asylum based

22 on circumstances described in subsection

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

24 render, on an expedited basis, a decision

25 on the application.
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1 ‘‘(c) ASYLUM STATUS ADJUSTMENTS.—

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

3 regulations as the Attorney General may prescribe,

4 the Attorney General shall adjust to the status of an

5 alien granted asylum the status of any alien granted

6 asylum under subsection (a)(2)(A) who—

7 ‘‘(A) applies for such adjustment;

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

9 United States for at least 3 years after being

10 granted asylum;

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

12 under this section; and

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

14 time of examination for adjustment of status

15 under this subsection.

16 ‘‘(2) TREATMENT OF SPOUSE AND CHIL17 DREN.—A spouse or child (as defined in section

18 101(b)(A), (B), (C), (D), or (E)) of an alien whose

19 status is adjusted to that of an alien granted asylum

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

21 status as the alien if accompanying, or following to

22 join, such alien.

23 ‘‘(3) APPLICATION FEES.—The Attorney Gen24 eral may impose a reasonable fee for the filing of an

25 application for asylum under this subsection.
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1 ‘‘(d) DENIAL OF IMMIGRATION BENEFITS FOR FRIV2 OLOUS APPLICATIONS.—

3 ‘‘(1) IN GENERAL.—If the asylum officer deter4 mines that an alien has made a frivolous application

5 for asylum under this section and the alien has re6 ceived the notice under subsection (b)(1)(D)(i), the

7 alien shall be permanently ineligible for any benefits

8 under this Act, effective as of the date of a final de9 termination on such application.

10 ‘‘(2) TREATMENT OF FRAUDULENT OR MATE11 RIAL MISREPRESENTATIONS.—For purposes of this

12 subsection, an application considered to be ‘frivolous’

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

14 is fraudulent or otherwise contains a willful mis15 representation or concealment of a material fact.’’.

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

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

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

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

20 Act.’’.

21 SEC. 304. JUDICIAL REVIEW.

22 (a) Section 235 of the Immigration and Nationality

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

24 thereof:
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1 ‘‘(d) Notwithstanding any other provision of law, no

2 court shall have jurisdiction to review, except by petition

3 for habeas corpus, any determination made with respect

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

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

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

7 an alien, and (II) was ordered excluded from the United

8 States pursuant to the provisions of this Act. Regardless

9 of the nature of the suit or claim, no court shall have juris10 diction except as provided in this paragraph to consider

11 the validity of any adjudication or determination of exclu12 sion, to certify a class in an action challenging the exclu13 sion provisions of this Act or any portion or implementa14 tion thereof, or to provide declaratory or injunctive relief

15 with respect to the exclusion of any alien.

16 ‘‘(e) In any action brought for the assessment of pen17 alties for improper entry or re-entry of an alien under sec18 tions 275, 276, 277, or 278 of the Immigration and Na19 tionality Act, no court shall have jurisdiction to hear

20 claims collaterally attacking the validity of orders of exclu21 sion, or deportation entered under sections 235, 236, or

22 242 of that Act.’’.

23 SEC. 305. CONFORMING AMENDMENTS.

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

25 U.S.C. 1253) is amended by striking subsection (h).
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1 (b) ADJUSTMENT OF STATUS.—Section 209(b) of the

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

3 amended—

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

5 inserting ‘‘5 years’’; and

6 (2) by amending paragraph (3) to read as

7 follows:

8 ‘‘(3) continues to be eligible for asylum under

9 section 208,’’.

10 (c) ALIENS INELIGIBLE FOR TEMPORARY PRO11 TECTED STATUS.—Section 244A(c)(2)(B)(ii) of the Immi12 gration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)(ii))

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

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

15 (d) ELIGIBILITY FOR NATURALIZATION.—Section

16 316(f)(1) of the Immigration and Nationality Act (8

17 U.S.C. 1427(f)(1)) is amended by striking ‘‘subpara18 graphs (A) through (D) of paragraph 243(h)(2)’’ and in19 serting ‘‘clauses (i), (ii), (iii), or (iv) of section

20 208(a)(2)(C)’’.

21 (e) FAMILY UNITY.—Section 301(e) of the Immigra22 tion Act of 1990 (Public Law 101–649) is amended by

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

24 (ii), (iii), or (iv) of section 208(a)(2)(C)’’.
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1 SEC. 306. EFFECTIVE DATES.

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

3 amendments made by this title shall take effect on the

4 date of the enactment of this Act.

5 (b) EXCEPTIONS.—

6 (1) The amendments made by this title shall

7 not apply to applications for asylum or withholding

8 of deportation made before the first day of the first

9 month that begins more than 180 days after the

10 date of the enactment of this Act and no application

11 for asylum under section 208 of the Immigration

12 and Nationality Act (as amended by section 201 of

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

14 (2) In applying section 208(b)(1)(A) of the Im15 migration and Nationality Act (as amended by this

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

17 came to the United States before the first day de18 scribed in paragraph (1), notwithstanding the dead19 lines specified in such section—

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

21 of intention to file an application for asylum is

22 30 days after such first day, and

23 (B) the deadline for the filing of the appli24 cation for asylum is 45 days after the date of

25 filing such notice.
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1 (3) The amendments made by section 305(b)

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

3 aliens granted asylum under section 208 of the Im4 migration and Nationality Act, as in effect before

5 the date of the enactment of this Act.

6 TITLE IV—CITIZENSHIP

7 SEC. 401. BASIS OF CITIZENSHIP CLARIFIED.

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

9 Fourteenth Article of Amendment to the Constitution of

10 the United States, the Congress has determined and here11 by declares that any person born after the date of enact12 ment of this title to a mother who is neither a citizen of

13 the United States nor admitted to the United States as

14 a lawful permanent resident, and which person is a na15 tional or citizen of another country of which either of his

16 or her natural parents is a national or citizen, or is enti17 tled upon application to become a national or citizen of

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

19 jurisdiction of that foreign country and not subject to the

20 jurisdiction of the United States within the meaning of

21 section 1 of such Article and shall therefore not be a citi22 zen of the United States or of any State solely by reason

23 of physical presence within the United States at the

24 moment of birth.
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1 TITLE V—BORDER SECURITY

2 SEC. 501. BORDER PATROL PERSONNEL.

3 The number of full-time officer positions in the bor4 der patrol of the Immigration and Naturalization Service

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

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

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

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