II

★(Star Print)

104TH CONGRESS

2D SESSION S. 1535

To strengthen enforcement of the immigration laws of the United States,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 26, 1996

Mr. ABRAHAM introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To strengthen enforcement of the immigration laws of the

United States, and for other purposes.

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 and Enforcement Act of 1996’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents of this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—BORDER ENFORCEMENT

Sec. 101. Border patrol agents.

Sec. 102. Authority to acquire Federal equipment for border.
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TITLE II—VISA DEPARTURE-DATE ENFORCEMENT

Sec. 201. Automated entry-exit control system.

Sec. 202. Civil penalties for failure to depart.

Sec. 203. Investigators.

TITLE III—ALIEN SMUGGLING; DOCUMENT FRAUD

Sec. 301. Wiretap authority for investigations of alien smuggling or document

fraud.

Sec. 302. Adding to RICO certain offenses relating to alien smuggling or document fraud.

Sec. 303. Increased criminal penalties for alien smuggling.

Sec. 304. Admissibility of videotaped witness testimony.

Sec. 305. Expanded forfeiture for alien smuggling or document fraud.

Sec. 306. Criminal forfeiture for alien smuggling or document fraud.

Sec. 307. Civil penalties for bringing inadmissible aliens from contiguous territories.

Sec. 308. Increased criminal penalties for fraudulent use of government-issued

documents.

Sec. 309. Criminal penalty for false statement in a document required under

the immigration laws or knowingly presenting document which

fails to contain reasonable basis in law or fact.

Sec. 310. New criminal penalties for failure to disclose role as preparer of false

application for asylum or for preparing certain post-conviction

applications.

Sec. 311. New civil penalties for document fraud.

Sec. 312. Changes in list of acceptable employment-verification documents.

TITLE IV—CRIMINAL ALIENS

Sec. 401. Amended definition of aggravated felony.

Sec. 402. Judicial review of orders of exclusion or deportation entered against

criminal aliens.

Sec. 403. Limitations on relief from exclusion and deportation.

Sec. 404. Ineligibility of certain criminal aliens for adjustment of status.

Sec. 405. Expeditious deportation creates no enforceable right for aggravated

felons.

Sec. 406. Custody of aliens convicted of felonies.

Sec. 407. Judicial deportation.

Sec. 408. Stipulated exclusion or deportation.

Sec. 409. Deportation as a condition of probation.

Sec. 410. Annual report on criminal aliens.

Sec. 411. Undercover investigation authority.

Sec. 412. Prisoner transfer treaties.

Sec. 413. Prisoner transfer treaties study.

Sec. 414. Using alien for immoral purposes, filing requirement.

Sec. 415. Technical corrections to Violent Crime Control Act and Technical

Corrections Act.

TITLE V—WELFARE ELIGIBILITY

Sec. 501. Ineligibility of excludable, deportable, and nonimmigrant aliens.

Sec. 502. Definition of ‘‘public charge’’ for purposes of deportation.

Sec. 503. Requirements for sponsor’s affidavit of support.

Sec. 504. Attribution of sponsor’s income and resources to family-sponsored immigrants.
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Sec. 505. Authority to States and localities to limit assistance to aliens and to

distinguish among classes of aliens in providing general public

assistance.

Sec. 506. Earned income tax credit denied to individuals not a citizen or lawful

permanent resident.

Sec. 507. Increased maximum criminal penalties for forging or counterfeiting

seal of a Federal department or agency to facilitate benefit

fraud by an unlawful alien.

Sec. 508. State option under the medicaid program to place anti-fraud investigators in hospitals.

Sec. 509. Limitation on the award of costs and fees.

Sec. 510. Computation of targeted assistance.

TITLE VI—EFFECTIVE DATES

Sec. 601. Effective dates.

1 TITLE I—BORDER

2 ENFORCEMENT

3 SEC. 101. BORDER PATROL AGENTS.

4 The Attorney General, in each of the fiscal years

5 1996, 1997, 1998, 1999, and 2000—

6 (1) shall increase by no less than 900 the num7 ber of positions for full-time, active-duty Border Pa8 trol agents within the Immigration and Naturaliza9 tion Service above the number of such positions for

10 which funds were allotted for the preceding fiscal

11 year; and

12 (2) may increase by not more than 375 the

13 number of positions for personnel in support of Bor14 der Patrol agents above the number of such posi15 tions for which funds were allotted for the preceding

16 fiscal year.
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1 SEC. 102. AUTHORITY TO ACQUIRE FEDERAL EQUIPMENT

2 FOR BORDER.

3 In order to facilitate or improve the detection, inter4 diction, and reduction by the Immigration and Naturaliza5 tion Service of illegal immigration into the United States,

6 the Attorney General is authorized to acquire and utilize

7 any Federal equipment (including, but not limited to,

8 fixed-wing aircraft, helicopters, four-wheel drive vehicles,

9 sedans, night vision goggles, night vision scopes, and sen10 sor units) determined available for transfer to the Depart11 ment of Justice by any other agency of the Federal Gov12 ernment upon request of the Attorney General.

13 TITLE II—VISA DEPARTURE14 DATE ENFORCEMENT

15 SEC. 201. AUTOMATED ENTRY-EXIT CONTROL SYSTEM.

16 Not later than 2 years after the date of the enact17 ment of this Act, the Attorney General shall implement

18 an automated entry and exit control system that will en19 able the Attorney General to identify, through on-line

20 searching procedures, lawfully admitted nonimmigrants

21 who remain in the United States beyond the period au22 thorized by the Attorney General.

23 SEC. 202. CIVIL PENALTIES FOR FAILURE TO DEPART.

24 (a) PROHIBITION.—Any lawfully admitted non25 immigrant who remains in the United States for more

26 than 60 days beyond the period authorized by the Attor-
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1 ney General shall be ineligible for additional nonimmigrant

2 or immigrant visas until the date that is—

3 (1) 3 years after the date the nonimmigrant de4 parts the United States in the case of a non5 immigrant not described in paragraph (2); or

6 (2) 5 years after the date the nonimmigrant

7 departs the United States in the case of a non8 immigrant who without reasonable cause fails or re9 fuses to attend or remain in attendance at a pro10 ceeding to determine the nonimmigrant’s deport11 ability.

12 (b) EXCEPTION.—(1) Subsection (a) shall not apply

13 to any lawfully admitted nonimmigrant who is described

14 in subsection (a)(1) and who demonstrates good cause for

15 remaining in the United States for the entirety of the pe16 riod (other than the first 60 days) during which the non17 immigrant remained in the United States without the au18 thorization of the Attorney General.

19 (2) A final order of deportation shall not be stayed

20 on the basis of a claim of good cause made under this

21 subsection.

22 (c) EFFECTIVE DATE.—Subsections (a) and (b) shall

23 take effect on the date of implementation of the automated

24 entry-exit control system described in section 201, or on
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1 the date that is 2 years after the date of enactment of

2 this Act, whichever is earlier.

3 (d) IMPLEMENTATION.—The Attorney General shall

4 establish procedures necessary to implement this section.

5 SEC. 203. INVESTIGATORS.

6 (a) AUTHORIZATION.—There are authorized to be ap7 propriated to the Department of Justice such funds as

8 may be necessary to enable the Commissioner of the Immi9 gration and Naturalization Service to increase the number

10 of investigators and support personnel to investigate po11 tential violations of this section by a number equivalent

12 to 300 full-time active-duty investigators in each of the

13 fiscal years 1996, 1997, and 1998.

14 (b) LIMITATION ON OVERTIME.—None of the funds

15 made available to the Immigration and Naturalization

16 Service under this section shall be available for adminis17 trative expenses to pay any employee overtime pay in an

18 amount in excess of $25,000 for any fiscal year.

19 TITLE III—ALIEN SMUGGLING;

20 DOCUMENT FRAUD

21 SEC. 301. WIRETAP AUTHORITY FOR INVESTIGATIONS OF

22 ALIEN SMUGGLING OR DOCUMENT FRAUD.

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

24 amended—
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1 (1) in paragraph (c), by inserting after

2 ‘‘trains)’’ the following: ‘‘, or a felony violation of

3 section 1028 (relating to production of false identi4 fication documentation), section 1425 (relating to

5 the procurement of citizenship or nationalization un6 lawfully), section 1426 (relating to the reproduction

7 of naturalization or citizenship papers), section 1427

8 (relating to the sale of naturalization or citizenship

9 papers), section 1541 (relating to passport issuance

10 without authority), section 1542 (relating to false

11 statements in passport applications), section 1543

12 (relating to forgery or false use of passports), and

13 section 1546 (relating to fraud and misuse of visas,

14 permits, and other documents)’’;

15 (2) by striking ‘‘or’’ after paragraph (l);

16 (3) by redesignating paragraphs (m), (n), and

17 (o) as paragraphs (n), (o), and (p), respectively; and

18 (4) by inserting after paragraph (1) the follow19 ing new paragraph:

20 ‘‘(m) a violation of section 274, 277, or 278 of the

21 Immigration and Nationality Act (8 U.S.C. 1324, 1327,

22 or 1328) (relating to the smuggling of aliens);’’.
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1 SEC. 302. ADDING TO RICO CERTAIN OFFENSES RELATING

2 TO ALIEN SMUGGLING OR DOCUMENT

3 FRAUD.

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

5 amended—

6 (1) by striking ‘‘or’’ after ‘‘law of the United

7 States,’’;

8 (2) by inserting ‘‘or’’ at the end of clause (E);

9 and

10 (3) by adding at the end the following:

11 ‘‘(F) any act, or conspiracy to commit any

12 act, in violation of section 1028 (relating to

13 production of false identification documenta14 tion), section 1425 (relating to the procurement

15 of citizenship or nationalization unlawfully),

16 section 1426 (relating to the reproduction of

17 naturalization or citizenship papers), section

18 1427 (relating to the sale of naturalization or

19 citizenship papers), section 1541 (relating to

20 passport issuance without authority), section

21 1542 (relating to false statements in passport

22 applications), section 1543 (relating to forgery

23 or false use of passports), and section 1546 (re24 lating to fraud and misuse of visas, permits,

25 and other documents) of this title, for personal
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1 financial gain, and section 274, 277, or 278 of

2 the Immigration and Nationality Act.’’.

3 SEC. 303. INCREASED CRIMINAL PENALTIES FOR ALIEN

4 SMUGGLING.

5 (a) IN GENERAL.—Section 274(a) (8 U.S.C.

6 1324(a)) is amended—

7 (1) in paragraph (1)(A)—

8 (A) by striking ‘‘or’’ at the end of clause

9 (iii);

10 (B) by striking the comma at the end of

11 clause (iv) and inserting ‘‘; or’’; and

12 (C) by adding at the end the following new

13 clause:

14 ‘‘(v)(I) engages in any conspiracy to

15 commit any of the preceding acts, or

16 ‘‘(II) aids or abets the commission of

17 any of the preceding acts,’’;

18 (2) in paragraph (1)(B)—

19 (A) in clause (i), by inserting ‘‘or (v)(I)’’

20 after ‘‘(A)(i)’’;

21 (B) in clause (ii), by striking ‘‘or (iv)’’ and

22 inserting ‘‘(iv), or (v)(II)’’;

23 (C) in clause (iii), by striking ‘‘or (iv)’’ and

24 inserting ‘‘(iv), or (v)’’; and
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1 (D) in clause (iv), by striking ‘‘or (iv)’’ and

2 inserting ‘‘(iv), or (v)’’;

3 (3) in paragraph (2), by striking ‘‘for each

4 transaction constituting a violation of this para5 graph, regardless of the number of aliens involved’’

6 and inserting ‘‘for each alien in respect to whom a

7 violation of this paragraph occurs’’;

8 (4) in paragraph (2), at the end thereof, by

9 striking ‘‘be fined’’ and all that follows through the

10 period and inserting the following: ‘‘be fined under

11 title 18, United States Code, and shall be impris12 oned for a first offense not less than 3 years or more

13 than 10 years, imprisoned for a second offense not

14 less than 5 years or more than 10 years, and impris15 oned for subsequent offenses not less than 10 years

16 or more than 15 years.’’; and

17 (5) by adding at the end the following new

18 paragraph:

19 ‘‘(3) Any person who hires for employment an

20 alien—

21 ‘‘(A) knowing that such alien is an unau22 thorized alien (as defined in section

23 274A(h)(3)), and

24 ‘‘(B) knowing that such alien has been

25 brought into the United States in violation of
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1 this subsection, shall be fined under title 18,

2 United States Code, and shall be imprisoned for

3 not less than 2 years or more than 5 years.’’.

4 (b) SMUGGLING OF ALIENS WHO WILL COMMIT

5 CRIMES.—Section 274(a)(2)(B) (8 U.S.C. 1324(a)(2)) is

6 amended—

7 (1) by striking ‘‘or’’ at the end of clause (ii);

8 (2) by redesignating clause (iii) as clause (iv);

9 and

10 (3) by inserting after clause (ii) the following:

11 ‘‘(iii) an offense committed with the

12 intent, or with substantial reason to be13 lieve, that the alien unlawfully brought into

14 the United States will commit an offense

15 against the United States or any State

16 punishable by imprisonment for more than

17 1 year;’’.

18 (c) SENTENCING GUIDELINES.—Pursuant to section

19 994 of title 28, United States Code, and section 21 of the

20 Sentencing Act of 1987, the United States Sentencing

21 Commission shall promulgate guidelines or amend existing

22 guidelines to provide that an offender convicted of smug23 gling, transporting, or harboring an unlawful alien under

24 dangerous or inhumane conditions in violation of section

25 274(a)(2)(B)(ii) of the Immigration and Nationality Act
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1 (8 U.S.C. 1324(a)(2)(B)(ii)) shall be assigned a base of2 fense level under chapter 2 of the sentencing guidelines

3 that is—

4 (1) in the case of a first offense, not lower than

5 22;

6 (2) in the case of an offender with one prior fel7 ony conviction, not lower than 26;

8 (3) in the case of an offender with two prior fel9 ony convictions, not lower than 32;

10 (4) in the case of bodily injury to such alien or

11 any other person, a required enhancement of be12 tween 2 and 6 offense levels, in proportion to the se13 verity of the injury inflicted; and

14 (5) in the case of the death of such alien or any

15 other person, not lower than 41.

16 (d) EFFECTIVE DATE.—This section and the amend17 ments made by this section shall apply with respect to of18 fenses occurring on or after the date of enactment of this

19 Act.

20 SEC. 304. ADMISSIBILITY OF VIDEOTAPED WITNESS TESTI21 MONY.

22 Section 274 (8 U.S.C. 1324) is amended by adding

23 at the end thereof the following:

24 ‘‘(d) Notwithstanding the provisions of the Federal

25 Rules of Evidence, the videotaped (or otherwise audio-
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1 visually preserved) deposition of a witness to a violation

2 of subsection (a) who has been deported or otherwise ex3 pelled from the United States, or is otherwise unable to

4 testify, may be admitted into evidence in an action brought

5 for that violation if the witness was available for cross ex6 amination and the deposition otherwise complies with the

7 Federal Rules of Evidence.’’.

8 SEC. 305. EXPANDED FORFEITURE FOR ALIEN SMUGGLING

9 OR DOCUMENT FRAUD.

10 (a) IN GENERAL.—Section 274(b) (8 U.S.C.

11 1324(b)) is amended—

12 (1) by amending paragraph (1) to read as fol13 lows:

14 ‘‘(1) Any property, real or personal, which fa15 cilitates or is intended to facilitate, or has been or

16 is being used in or is intended to be used in the

17 commission of, a violation of subsection (a) or of

18 section 1028, 1425, 1426, 1427, 1541, 1542, 1543,

19 1544, or 1546 of title 18, United States Code, or

20 which constitutes, or is derived from or traceable to,

21 the proceeds obtained directly or indirectly from a

22 commission of a violation of subsection (a) or of sec23 tion 1028, 1425, 1426, 1427, 1541, 1542, 1543, or

24 1546 of title 18, United States Code, shall be sub25 ject to seizure and forfeiture, except that—
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1 ‘‘(A) no property used by any person as a

2 common carrier in the transaction of business

3 as a common carrier shall be forfeited under

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

6 of such property was a consenting party or

7 privy to the unlawful act;

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

9 the provisions of this section by reason of any

10 act or omission established by the owner thereof

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

13 was unlawfully in the possession of a person

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

16 and

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

18 this paragraph to the extent of an interest of

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

21 or omitted without the knowledge or consent of

22 the owner, unless such action or omission was

23 committed by an employee or agent of the

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

2 or of section 1028, 1425, 1426, 1427, 1541,

3 1542, 1543, or 1546 of title 18, United States

4 Code, which was committed by the owner or

5 which was intended to further the business in6 terests of the owner, or to confer any other ben7 efit upon the owner.’’;

8 (2) in paragraph (2)—

9 (A) by striking ‘‘conveyance’’ both places it

10 appears and inserting ‘‘property’’; and

11 (B) by striking ‘‘is being used in’’ and in12 serting ‘‘is being used in, is facilitating, has fa13 cilitated, or was intended to facilitate’’;

14 (3) in paragraph (3)—

15 (A) by inserting ‘‘(A)’’ immediately after

16 ‘‘(3)’’, and

17 (B) by adding at the end the following:

18 ‘‘(B) Before the seizure of any real prop19 erty pursuant to this section, the Attorney Gen20 eral shall provide notice and an opportunity to

21 be heard to the owner of the property. The At22 torney General shall prescribe such regulations

23 as may be necessary to carry out this subpara24 graph.’’;
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1 (4) in paragraphs (4) and (5), by striking ‘‘a

2 conveyance’’ and ‘‘conveyance’’ each place such

3 phrase or word appears and inserting ‘‘property’’;

4 and

5 (5) in paragraph (4)—

6 (A) by striking ‘‘or’’ at the end of subpara7 graph (C),

8 (B) by striking the period at the end of

9 subparagraph (D) and inserting ‘‘; or’’, and

10 (C) by inserting at the end the following

11 new subparagraph:

12 ‘‘(E) transfer custody and ownership of

13 forfeited property to any Federal, State, or

14 local agency pursuant to section 616(c) of the

15 Tariff Act of 1930 (19 U.S.C. 1616a(c)).’’.

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

17 this section shall apply with respect to offenses occurring

18 on or after the date of enactment of this Act.

19 SEC. 306. CRIMINAL FORFEITURE FOR ALIEN SMUGGLING

20 OR DOCUMENT FRAUD.

21 Section 274 (8 U.S.C. 1324(b)) is amended by redes22 ignating subsection (c) as subsection (d) and inserting

23 after subsection (b) the following:

24 ‘‘(c) CRIMINAL FORFEITURE.—(1) Any person con25 victed of a violation of subsection (a) or of section 1028,
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1 1425, 1426, 1427, 1541, 1542, 1543, or 1546 of title 18,

2 United States Code, shall forfeit his interest to the United

3 States, irrespective of any provision of State law—

4 ‘‘(A) any conveyance, including any vessel, vehi5 cle, or aircraft used in the commission of a violation

6 of subsection (a); and

7 ‘‘(B) any property real or personal—

8 ‘‘(i) that constitutes, or is derived from or

9 is traceable to the proceeds obtained directly or

10 indirectly from the commission of a violation of

11 subsection (a) or of section 1028, 1425, 1426,

12 1427, 1541, 1542, 1543, or 1546 of title 18,

13 United States Code; or

14 ‘‘(ii) that is used to facilitate, or is in15 tended to be used to facilitate, the commission

16 of a violation of subsection (a) or of section

17 1028, 1425, 1426, 1427, 1541, 1542, 1543, or

18 1546 of title 18, United States Code.

19 The court, in imposing sentence on such person, shall

20 order that the person forfeit to the United States all prop21 erty described in this subsection.

22 ‘‘(2) The criminal forfeiture of property under this

23 subsection, including any seizure and disposition of the

24 property and any related administrative or judicial pro25 ceeding, shall be governed by the provisions of section 413
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1 of the Comprehensive Drug Abuse Prevention and Control

2 Act of 1970 (21 U.S.C. 853), except for subsections (a)

3 and (d) of such section 413, which subsections shall not

4 apply to forfeitures under this subsection.’’.

5 SEC. 307. CIVIL PENALTIES FOR BRINGING INADMISSIBLE

6 ALIENS FROM CONTIGUOUS TERRITORIES.

7 (a) INCREASED PENALTIES.—Section 273 (8 U.S.C.

8 1323) is amended by—

9 (1) striking ‘‘(other than from foreign contig10 uous territory)’’ in subsection (a); and

11 (2) striking ‘‘$3,000’’ and inserting ‘‘$5,000’’

12 in subsection (b).

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

14 this section shall apply with respect to offenses occurring

15 on or after the date of enactment of this Act.

16 SEC. 308. INCREASED CRIMINAL PENALTIES FOR FRAUDU17 LENT USE OF GOVERNMENT-ISSUED DOCU18 MENTS.

19 (a) PENALTIES FOR FRAUD AND MISUSE OF GOV20 ERNMENT-ISSUED IDENTIFICATION DOCUMENTS.—(1)

21 Sections 1028(b) of title 18, United States Code, is

22 amended to read as follows:

23 ‘‘(b)(1) Subject to paragraph (4), an offense under

24 subsection (a) which is—
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1 ‘‘(A) the production or transfer of an identifica2 tion document or false identification document that

3 is or appears to be—

4 ‘‘(i) an identification document issued by

5 or under the authority of the United States, or

6 ‘‘(ii) a birth certificate, or a driver’s license

7 or personal identification card,

8 ‘‘(B) the production or transfer of more than

9 five identification documents or false identification

10 documents,

11 ‘‘(C) an offense under paragraph (5) of such

12 subsection, or

13 ‘‘(D) used to obtain a Federal benefit;

14 shall be punishable by—

15 ‘‘(I) a fine under this title or imprisonment for

16 not more than 10 years, or both, for a first offense,

17 if the offender is under 21 years of age at the time

18 of the offense,

19 ‘‘(II) a fine under this title or imprisonment for

20 not less than two and one-half years or more than

21 10 years, or both, for a first offense, if the offender

22 is 21 years of age or older at the time of the offense,

23 ‘‘(III) a fine under this title or imprisonment

24 for not less than 5 years or more than 10 years, or

25 both, for a second offense, or
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1 ‘‘(IV) a fine under this title or imprisonment

2 for not less than 10 years or more than 15 years,

3 or both, for a third or subsequent offense.

4 ‘‘(2) An offense under subsection (a) which is—

5 ‘‘(A) any other production or transfer of an

6 identification document or false identification docu7 ment, or

8 ‘‘(B) an offense under paragraph (3) of such

9 subsection,

10 shall be punishable by a fine under this title or imprison11 ment for not more than three years, or both.

12 ‘‘(3) An offense under subsection (a) other than an

13 offense described in paragraph (1) or (2) shall be punish14 able by a fine under this title or imprisonment for not

15 more than one year, or both.

16 ‘‘(4) The maximum term of imprisonment that may

17 be imposed for an offense described under subparagraph

18 (A), (B), or (C) of paragraph (1)—

19 ‘‘(A) if committed to facilitate a drug traffick20 ing crime (as defined in section 929(a) of this title),

21 is 15 years; and

22 ‘‘(B) if committed to facilitate an act of inter23 national terrorism (as defined in section 2331 of this

24 title), is 20 years.’’.
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1 (2) Sections 1542 through 1543 of title 18, United

2 States Code, are amended by striking ‘‘Shall be fined

3 under this title, imprisoned not more than 10 years, or

4 both.’’ each place it appears and inserting ‘‘Shall be pun5 ishable by—

6 ‘‘(1) a fine under this title or imprisonment for

7 not more than 10 years, or both, for a first offense,

8 if the offender is under 21 years of age at the time

9 of the offense,

10 ‘‘(2) a fine under this title or imprisonment for

11 not less than two and one-half years or more than

12 10 years, or both, for a first offense, if the offender

13 is 21 years of age or older at the time of the offense,

14 ‘‘(3) a fine under this title or imprisonment for

15 not less than 5 years or more than 10 years, or

16 both, for a second offense, or

17 ‘‘(4) a fine under this title or imprisonment for

18 not less than 10 years or more than 15 years, or

19 both, for a third or subsequent offense.

20 Notwithstanding any other provision of this section, the

21 maximum term of imprisonment that may be imposed for

22 an offense under this section—

23 ‘‘(A) if committed to facilitate a drug traffick24 ing crime (as defined in section 929(a) of this title),

25 is 15 years; and
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1 ‘‘(B) if committed to facilitate an act of inter2 national terrorism (as defined in section 2331 of this

3 title), is 20 years.’’.

4 (3) Section 1546(a) of title 18, United States Code,

5 is amended by striking ‘‘Shall be fined under this title,

6 imprisoned not more than 10 years, or both.’’ each place

7 it appears and inserting ‘‘Shall be punishable by—

8 ‘‘(1) a fine under this title or imprisonment for

9 not more than 10 years, or both, for a first offense,

10 if the offender is under 21 years of age at the time

11 of the offense,

12 ‘‘(2) a fine under this title or imprisonment for

13 not less than two and one-half years or more than

14 10 years, or both, for a first offense, if the offender

15 is 21 years of age or older at the time of the offense,

16 ‘‘(3) a fine under this title or imprisonment for

17 not less than 5 years or more than 10 years, or

18 both, for a second offense, or

19 ‘‘(4) a fine under this title or imprisonment for

20 not less than 10 years or more than 15 years, or

21 both, for a third or subsequent offense.

22 Notwithstanding any other provision of this subsection,

23 the maximum term of imprisonment that may be imposed

24 for an offense under this subsection—
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1 ‘‘(A) if committed to facilitate a drug traffick2 ing crime (as defined in section 929(a) of this title),

3 is 15 years; and

4 ‘‘(B) if committed to facilitate an act of inter5 national terrorism (as defined in section 2331 of this

6 title), is 20 years.’’.

7 (4) Sections 1425 through 1427 of title 18, United

8 States Code, are amended by striking ‘‘be fined not more

9 than $5,000 or imprisoned not more than five years, or

10 both’’ each place it appears and inserting ‘‘be—

11 ‘‘(1) fined under this title or imprisoned for not

12 less than two and one-half years or more than 10

13 years, or both, for a first offense,

14 ‘‘(2) fined under this title or imprisoned for not

15 less than 5 years or more than 10 years, or both,

16 for a second offense, or

17 ‘‘(3) fined under this title or imprisoned for not

18 less than 10 years or more than 15 years, or both,

19 for a third or subsequent offense.

20 Notwithstanding any other provision of this section, the

21 maximum term of imprisonment that may be imposed for

22 an offense under this section—

23 ‘‘(A) if committed to facilitate a drug traffick24 ing crime (as defined in section 929(a) of this title),

25 is 15 years; and
24

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1 ‘‘(B) if committed to facilitate an act of inter2 national terrorism (as defined in section 2331 of this

3 title), is 20 years.’’.

4 (b) CHANGES TO THE SENTENCING LEVELS.—Pur5 suant to section 944 of title 28, United States Code, and

6 section 21 of the Sentencing Act of 1987, the United

7 States Sentencing Commission shall promulgate guide8 lines, or amend existing guidelines, relating to defendants

9 convicted of violating, or conspiring to violate, sections

10 1028(b)(1), 1425 through 1427, 1542 through 1543, and

11 1546(a) of title 18, United States Code. The base offense

12 level under the appropriate sections of the United States

13 Sentencing Guidelines shall be increased to—

14 (1) in the case of a first offense under sections

15 1425 through 1427, or a first offense if the offender

16 was at least 21 years old at the time of the offense,

17 not lower than 22;

18 (2) in the case of an offender with one prior fel19 ony conviction, not lower than 26;

20 (3) in the case of an offender with two or more

21 prior felony convictions, not lower than 32;

22 (4) in the case of an offender who knew the

23 documents were to be used to facilitate any other

24 criminal activity described in section

25 212(a)(2)(A)(i)(II) of the Immigration and Nation-
25

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1 ality Act (8 U.S.C. 1182(a)(2)(A)(i)(II)) or in sec2 tion 101(a)(43) of such Act (8 U.S.C. 1101(a)(43)),

3 as amended by this Act, not lower than 34;

4 (5) in the case of an offender who knew—

5 (A) the documents were being provided to,

6 or would be provided to, a person the offender

7 knew or had reason to know had engaged or

8 would engage in a terrorist activity (as such

9 terms are defined in section 212(a)(3)(B) of the

10 Immigration and Nationality Act (8 U.S.C.

11 1182(a)(3)(B));

12 (B) the documents were being provided to,

13 or would be provided to, facilitate a terrorist ac14 tivity or assist a person to engage in terrorist

15 activity (as such terms are defined in section

16 212(a)(3)(B) of the Immigration and National17 ity Act (8 U.S.C. 1182(a)(3)(B)); or

18 (C) the documents were being provided to,

19 or would be provided to, persons involved in

20 racketeering enterprises (as such acts or activi21 ties are defined in section 1952 of title 18,

22 United States Code);

23 not lower than 37; and

24 (6) in the case of procurement, production,

25 transfer, or possession of more than 5 documents or
26

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1 related implements within the scope of this section,

2 a required enhancement of between 1 and 5 offense

3 levels, in proportion to the quantity of documents at

4 issue.

5 (c) EFFECTIVE DATE.—This section and the amend6 ments made by this section shall apply with respect to of7 fenses occurring on or after the date of enactment of this

8 Act.

9 SEC. 309. CRIMINAL PENALTY FOR FALSE STATEMENT IN A

10 DOCUMENT REQUIRED UNDER THE IMMIGRA11 TION LAWS OR KNOWINGLY PRESENTING

12 DOCUMENT WHICH FAILS TO CONTAIN REA13 SONABLE BASIS IN LAW OR FACT.

14 The fourth undesignated paragraph of section

15 1546(a) of title 18, United States Code, is amended to

16 read as follows:

17 ‘‘Whoever knowingly makes under oath, or as per18 mitted under penalty of perjury under section 1746 of title

19 28, United States Code, knowingly subscribes as true, any

20 false statement with respect to a material fact in any ap21 plication, affidavit, or other document required by the im22 migration laws or regulations prescribed thereunder, or

23 knowingly presents any such application, affidavit, or

24 other document which contains any such false statement
27

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1 or which fails to contain any reasonable basis in law or

2 fact—’’.

3 SEC. 310. NEW CRIMINAL PENALTIES FOR FAILURE TO DIS4 CLOSE ROLE AS PREPARER OF FALSE APPLI5 CATION FOR ASYLUM OR FOR PREPARING

6 CERTAIN POST-CONVICTION APPLICATIONS.

7 Section 274C (8 U.S.C. 1324c) is amended by adding

8 at the end the following new subsection:

9 ‘‘(e) CRIMINAL PENALTIES FOR FAILURE TO DIS10 CLOSE ROLE AS DOCUMENT PREPARER.—(1) Whoever, in

11 any matter within the jurisdiction of the Service under

12 section 208 of this Act, knowingly and willfully fails to

13 disclose, conceals, or covers up the fact that they have,

14 on behalf of any person and for a fee or other remunera15 tion, prepared or assisted in preparing an application

16 which was falsely made (as defined in section 274C(a))

17 for immigration benefits pursuant to section 208 of this

18 Act, or the regulations promulgated thereunder, shall be

19 guilty of a felony and shall be fined in accordance with

20 title 18, United States Code, imprisoned for not less than

21 2 years nor more than 5 years, or both, and prohibited

22 from preparing or assisting in preparing, regardless of

23 whether for a fee or other remuneration, any other such

24 application.
28

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1 ‘‘(2) Whoever, having been convicted of a violation

2 of section 274C(e), knowingly and willfully prepares or as3 sists in preparing an application for immigration benefits

4 pursuant to this Act, or the regulations promulgated

5 thereunder, regardless of whether for a fee or other remu6 neration and regardless of whether in any matter within

7 the jurisdiction of the Service under section 208, shall be

8 guilty of a felony and shall be fined in accordance with

9 title 18, United States Code, imprisoned for not less than

10 5 years or more than 15 years, or both, and prohibited

11 from preparing or assisting in preparing any other such

12 application.’’.

13 SEC. 311. NEW CIVIL PENALTIES FOR DOCUMENT FRAUD.

14 (a) ACTIVITIES PROHIBITED.—Section 274C(a) (8

15 U.S.C. 1324c(a)) is amended—

16 (1) in paragraph (1), by inserting before the

17 comma at the end the following: ‘‘or to obtain a ben18 efit under this Act’’;

19 (2) in paragraph (2), by inserting before the

20 comma at the end the following: ‘‘or to obtain a ben21 efit under this Act’’;

22 (3) in paragraph (3)—

23 (A) by inserting ‘‘or with respect to’’ after

24 ‘‘issued to’’;
29

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1 (B) by adding before the comma at the end

2 the following: ‘‘or obtaining a benefit under this

3 Act’’; and

4 (C) by striking ‘‘or’’ at the end;

5 (4) in paragraph (4)—

6 (A) by inserting ‘‘or with respect to’’ after

7 ‘‘issued to’’;

8 (B) by adding before the period at the end

9 the following: ‘‘or obtaining a benefit under this

10 Act’’; and

11 (C) by striking the period at the end and

12 inserting ‘‘, or’’; and

13 (5) by adding at the end the following new

14 paragraphs:

15 ‘‘(5) to prepare, file, or assist another in pre16 paring or filing, any application for benefits under

17 this Act, or any document required under this Act,

18 or any document submitted in connection with such

19 application or document, with knowledge or in reck20 less disregard of the fact that such application or

21 document was falsely made or, in whole or in part,

22 does not relate to the person on whose behalf it was

23 or is being submitted, or

24 ‘‘(6) to (A) present before boarding a common

25 carrier for the purpose of coming to the United
30

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1 States a document which relates to the alien’s eligi2 bility to enter the United States, and (B) fail to

3 present such document to an immigration officer

4 upon arrival at a United States port of entry.

5 The phrase ‘falsely make’, as used in this section in con6 nection with an application or document, means prepare

7 or provide with knowledge or in reckless disregard of the

8 fact that the application or document contains a false, fic9 titious, or fraudulent statement or material representa10 tion, or has no basis in law or fact, or otherwise fails to

11 state a fact which is material to the purpose for which

12 it was submitted.’’.

13 (b) CONFORMING AMENDMENTS.—Section

14 274C(d)(3) (8 U.S.C. 1324c(d)(3)) is amended by striking

15 ‘‘each document used, accepted, or created and each in16 stance of use, acceptance, or creation’’ each of the two

17 places it appears and inserting ‘‘each document that is the

18 subject of a violation under subsection (a)’’.

19 (c) ENHANCED CIVIL PENALTIES FOR DOCUMENT

20 FRAUD IF LABOR STANDARDS VIOLATIONS ARE

21 PRESENT.—Section 274C(d) (8 U.S.C. 1324c(d)) is

22 amended by adding at the end the following new para23 graph:

24 ‘‘(7) CIVIL PENALTY.—(A) The administrative

25 law judge shall have the authority to require pay-
31

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1 ment of a civil money penalty in an amount up to

2 two times the level of the penalty prescribed by this

3 subsection in any case where the employer has been

4 found to have committed willful or repeated viola5 tions of any of the following statutes:

6 ‘‘(i) The Fair Labor Standards Act (29

7 U.S.C. 201 et seq.) pursuant to a final deter8 mination by the Secretary of Labor or a court

9 of competent jurisdiction.

10 ‘‘(ii) The Migrant and Seasonal Agricul11 tural Worker Protection Act (29 U.S.C. 1801 et

12 seq.) pursuant to a final determination by the

13 Secretary of Labor or a court of competent ju14 risdiction.

15 ‘‘(iii) The Family and Medical Leave Act

16 (29 U.S.C. 2601 et seq.) pursuant to a final de17 termination by the Secretary of Labor or a

18 court of competent jurisdiction.

19 ‘‘(B) The Secretary of Labor and the Attorney

20 General shall consult regarding the administration of

21 this paragraph.’’.

22 (d) WAIVER BY ATTORNEY GENERAL.—Section

23 274C(d) (8 U.S.C. 1324c(d)), as amended by subsection

24 (c), is further amended by adding the following new para25 graph:
32

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1 ‘‘(8) WAIVER BY ATTORNEY GENERAL.—The

2 Attorney General may, in his or her discretion, waive

3 the penalties of this section with respect to an alien

4 who knowingly violates paragraph (6) if the alien is

5 granted asylum under section 208 or withholding of

6 deportation under section 243(h).’’.

7 (e) EFFECTIVE DATE.—(1) The new sentence added

8 at the end of section 274C(a) of the Immigration and Na9 tionality Act by subsection (a)(5) applies to the prepara10 tion of applications before, on, or after the date of enact11 ment of this Act.

12 (2) The amendments made by subsection (c) shall

13 apply with respect to offenses occurring on or after the

14 date of enactment of this Act.

15 SEC. 312. CHANGES IN LIST OF ACCEPTABLE EMPLOY16 MENT-VERIFICATION DOCUMENTS.

17 (a) AUTHORITY TO REQUIRE SOCIAL SECURITY AC18 COUNT NUMBERS.—Section 274A (8 U.S.C. 1324a) is

19 amended by adding at the end of subsection (b)(2) the

20 following new sentence: ‘‘The Attorney General is author21 ized to require an individual to provide on the form de22 scribed in paragraph (1)(A) that individual’s Social Secu23 rity account number for purposes of complying with this

24 section.’’.
33

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1 (b) CHANGES IN ACCEPTABLE DOCUMENTATION FOR

2 EMPLOYMENT AUTHORIZATION AND IDENTITY.—

3 (1) REDUCTION IN NUMBER OF ACCEPTABLE

4 EMPLOYMENT-VERIFICATION DOCUMENTS.—Section

5 274A(b)(1) (8 U.S.C. 1324a(b)(1)) is amended—

6 (A) in subparagraph (B)—

7 (i) by striking clauses (ii), (iii), and

8 (iv);

9 (ii) by redesignating clause (v) as

10 clause (ii);

11 (iii) in clause (i), by adding at the end

12 ‘‘or’’; and

13 (iv) in clause (ii) (as redesignated), by

14 amending the text above subclause (I) to

15 read as follows:

16 ‘‘(ii) resident alien card, alien reg17 istration card, or other document des18 ignated by regulation by the Attorney Gen19 eral, if the document—’’; and

20 (v) in clause (ii) (as redesignated), by

21 striking the period after subclause (II) and

22 by adding at the end the following new

23 subclause:

24 ‘‘(III) and contains appropriate

25 security features.’’; and
34

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1 (B) in subparagraph (C)—

2 (i) by inserting ‘‘or’’ after the ‘‘semi3 colon’’ at the end of clause (i);

4 (ii) by striking clause (ii); and

5 (iii) by redesignating clause (iii) as

6 clause (ii).

7 (2) AUTHORITY TO PROHIBIT USE OF CERTAIN

8 DOCUMENTS.—If the Attorney General finds, by reg9 ulation, that any document described in section

10 274A(b)(1) of the Immigration and Nationality Act

11 (8 U.S.C. 1324a(b)(1)) as establishing employment

12 authorization or identity does not reliably establish

13 the same or is being used fraudulently to an unac14 ceptable degree, the Attorney General may prohibit

15 or place conditions on its use for purposes of the

16 verification system established in section 274A(b) of

17 the Immigration and Nationality Act or in this sec18 tion.

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

20 subsections (a) and (b)(1) shall apply with respect to hir21 ing (or recruiting or referring) occurring on or after such

22 date as the Attorney General shall designate (but not later

23 than 180 days after the date of the enactment of this Act).
35

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1 TITLE IV—CRIMINAL ALIENS

2 SEC. 401. AMENDED DEFINITION OF AGGRAVATED FELONY.

3 (a) IN GENERAL.—Section 101(a)(43) (8 U.S.C.

4 1101(a)(43)), as amended by section 222 of the Immigra5 tion and Nationality Technical Corrections Act of 1994

6 (Public Law 103–416), is further amended—

7 (1) in subparagraph (D), by striking

8 ‘‘$100,000’’ and inserting ‘‘$10,000’’;

9 (2) in subparagraphs (F), (G), and (O), by

10 striking ‘‘for which the term’’ and all that follows

11 within each such subparagraph and inserting ‘‘for

12 which the term of imprisonment imposed (regardless

13 of any suspension of imprisonment) is at least 1

14 year’’;

15 (3) in subparagraph (J)—

16 (A) by striking ‘‘for which a sentence of 5

17 years’ imprisonment or more may be imposed’’

18 and inserting ‘‘for which either the term of im19 prisonment imposed (regardless of any suspen20 sion of imprisonment) is at least 1 year or

21 which is punishable by imprisonment of at least

21 22 ⁄2 years’’; and

23 (B) by striking ‘‘offense described’’ and in24 serting ‘‘offense described in section 1084 of

25 title 18 (if it is a second or subsequent offense),
36

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1 section 1955 of such title (relating to gambling

2 offenses), or’’;

3 (4) in subparagraph (K)—

4 (A) by striking ‘‘or’’ after the semicolon in

5 subparagraph (i);

6 (B) by inserting ‘‘or’’ after the semicolon

7 in subparagraph (ii); and

8 (C) by adding at the end the following new

9 clause:

10 ‘‘(iii) is described in section 2421,

11 2422, or 2423 of title 18, United States

12 Code (relating to transportation for the

13 purpose of prostitution), if committed for

14 commercial advantage.’’;

15 (5) in subparagraph (L)—

16 (A) by striking ‘‘or’’ at the end of clause

17 (i);

18 (B) by inserting ‘‘or’’ at the end of clause

19 (ii); and

20 (C) by adding at the end the following new

21 clause:

22 ‘‘(iii) section 601 of the National Se23 curity Act of 1947, title 50, United States

24 Code (relating to protecting the identity of

25 undercover agents)’’;
37

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1 (6) in subparagraph (M), by striking

2 ‘‘$200,000’’ and inserting ‘‘$10,000’’;

3 (7) in subparagraph (N), by striking ‘‘for the

4 purpose of commercial advantage’’ and inserting the

5 following: ‘‘, except, for a first offense, if the alien

6 has affirmatively shown that he or she committed

7 the offense for the purpose of assisting, abetting, or

8 aiding only the alien’s spouse, child, or parent (and

9 no other individual) to violate a provision of this

10 Act’’;

11 (8) by redesignating subparagraphs (P) and

12 (Q) as subparagraphs (R) and (S), respectively;

13 (9) by inserting after subparagraph (O) the fol14 lowing new subparagraphs:

15 ‘‘(P) any offense relating to commercial

16 bribery, counterfeiting, forgery, or trafficking in

17 vehicles whose identification numbers have been

18 altered, for which either the term of imprison19 ment imposed (regardless of any suspension of

20 imprisonment) is at least 1 year or which is

punishable by imprisonment of at least 21 21 ⁄2

22 years;

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

24 subornation of perjury which is punishable by

25 imprisonment for which either the term of im-
38

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1 prisonment imposed (regardless of any suspen2 sion of imprisonment) is at least 1 year or

3 which is punishable by imprisonment of at least

21 4 ⁄2 years;’’ and

5 (10) in redesignated subparagraph (R), by

6 striking ‘‘15’’ and inserting ‘‘5’’.

7 (b) EFFECTIVE DATE OF DEFINITION.—Section

8 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by adding

9 at the end the following new sentence: ‘‘Notwithstanding

10 any other provision of law, the definition in this paragraph

11 applies for all purposes to any described offense, regard12 less of whether the conviction was entered before, on, or

13 after the date of enactment of this paragraph or any part

14 thereof.’’.

15 SEC. 402. JUDICIAL REVIEW OF ORDERS OF EXCLUSION OR

16 DEPORTATION ENTERED AGAINST CRIMINAL

17 ALIENS.

18 Section 106(a) (8 U.S.C. 1105a(a)) is amended by

19 striking paragraph (10) and inserting the following new

20 paragraph:

21 ‘‘(10) notwithstanding any other provision of

22 law, there shall be no judicial review of any final

23 order of exclusion or deportation entered against any

24 alien convicted of any criminal offense covered in

25 section 241(a)(2) (A)(iii) or (B), (C), and (D), or
39

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1 any offense covered by clause (ii) of section

2 241(a)(2)(A) for which both predicate offenses are

3 covered by clause (i) of that section.’’.

4 SEC. 403. LIMITATIONS ON RELIEF FROM EXCLUSION AND

5 DEPORTATION.

6 (a) LIMITATION.—Section 212(c) (8 U.S.C. 1182(c))

7 is amended by striking the last sentence and inserting the

8 following: ‘‘This subsection shall not apply to an alien who

9 is deportable by reason of having committed any criminal

10 offense covered in section 241(a)(2) (A)(iii) or (B), (C),

11 and (D), or any offense covered by clause (ii) of section

12 241(a)(2)(A) for which both predicate offenses are covered

13 by clause (i) of that section.’’.

14 SEC. 404. INELIGIBILITY OF CERTAIN CRIMINAL ALIENS

15 FOR ADJUSTMENT OF STATUS.

16 Section 244(a) (8 U.S.C. 1254(a)) is amended—

17 (1) by striking the parenthetical in the first

18 sentence and inserting ‘‘(other than an alien who is

19 deportable by reason of having committed any crimi20 nal offense covered in Section 241(a)(2)(A)(iii) or

21 (B) (C) and (D), or any offense covered in clause

22 (ii) of Section 241(a)(2)(A) for which both predicate

23 offenses are covered by clause (i) of that section, or

24 who is an alien described in paragraph (4)(D) of

25 section 241(a))’’; and
40

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1 (2) in subparagraph (2) by striking ‘‘is deport2 able under’’ and all that follows through ‘‘not less

3 than ten years’’ and inserting ‘‘is deportable under

4 paragraphs (1) (E) or (F), (3) (B) or (C), or (4) (A)

5 (B) or (C) of section 241(a) of this title, has been

6 physically present in the United States, excluding

7 any period during which the alien was imprisoned or

8 otherwise under the supervision of the criminal jus9 tice system, for a continuous period of not less than

10 10 years’’.

11 SEC. 405. EXPEDITIOUS DEPORTATION CREATES NO EN12 FORCEABLE RIGHT FOR AGGRAVATED FEL13 ONS.

14 Section 225 of the Immigration and Nationality

15 Technical Corrections Act of 1994 (Public Law 103–416)

16 is amended by striking ‘‘section 242(i) of the Immigration

17 and Nationality Act (8 U.S.C. 1252(i))’’ and inserting

18 ‘‘sections 242(i) or 242A of the Immigation and National19 ity Act (8 U.S.C. 1252(i) or 1252a)’’.

20 SEC. 406. CUSTODY OF ALIENS CONVICTED OF FELONIES.

21 (a) Section 236(e) (8 U.S.C. 1226(e)) is amended—

22 (1) in paragraph (1), by striking ‘‘convicted of

23 an aggravated felony’’ and inserting ‘‘who is deport-
41

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1 able by reason of having committed any criminal of2 fense covered in Section 241(a)(2) (A)(iii) or (B)

3 (C) and (D), or any offense covered in clause (ii) of

4 Section 241(a)(2)(A) for which both predicate of5 fenses are covered by clause (i) of that section’’; and

6 (2) by amending paragraph (2) to read as fol7 lows:

8 ‘‘(2)(A) When a final order of deportation

9 under administrative processes is made against any

10 alien who is deportable by reason of having commit11 ted any criminal offense covered in section 241(a)(2)

12 (A)(iii) or (B), (C), and (D), or any offense covered

13 by clause (ii) of section 241(a)(2)(A) for which both

14 predicate offenses are covered by clause (i) of that

15 section, the Attorney General shall have a period of

16 30 days from the later of—

17 ‘‘(i) the date of such order, or

18 ‘‘(ii) the alien’s release from incarceration,

19 within which to effect the alien’s departure

20 from the United States.

21 ‘‘(B) The Attorney General shall have sole and

22 unreviewable discretion to waive subparagraph (A)

23 for aliens who are cooperating with law enforcement

24 authorities or for purposes of national security.’’.
42

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1 (b) Section 242(a)(2) (8 U.S.C. 1252(a)(2)) is

2 amended to read as follows:

3 ‘‘(2)(A) The Attorney General shall take into custody

4 any alien convicted of any criminal offense covered in sec5 tion 241(a)(2) (A)(iii) or (B), (C), and (D), or any offense

6 covered by clause (ii) of section 241(a)(2)(A) for which

7 both predicate offenses are covered by clause (i) of that

8 section, upon release of the alien from incarceration and

9 shall deport the alien as expeditiously as possible. Not10 withstanding paragraph (1) or subsections (c) and (d) of

11 this section the Attorney General shall not release such

12 felon from custody.

13 ‘‘(B) The Attorney General shall have sole and

14 unreviewable discretion to waive subparagraph (A) for

15 aliens who are cooperating with law enforcement authori16 ties or for purposes of national security.’’.

17 (c) Section 242(c) is amended—

18 (1) in the first sentence—

19 (A) by striking ‘‘(c)’’ and inserting

20 ‘‘(c)(1)’’; and

21 (B) by inserting ‘‘(other than an alien de22 scribed in paragraph (2))’’; and

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

24 ‘‘(2)(A) When a final order of deportation under ad25 ministrative processes is made against any alien who is
43

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1 deportable by reason of having committed any criminal of2 fense covered in section 241(a)(2) (A)(iii) or (B), (C), and

3 (D), or any offense covered by clause (ii) of section

4 241(a)(2)(A) for which both predicate offenses are covered

5 by clause (i) of that section, the Attorney General shall

6 have a period of 30 days from the later of—

7 ‘‘(i) the date of such order, or

8 ‘‘(ii) the alien’s release from incarceration,

9 within which to effect the alien’s departure from the

10 United States.

11 ‘‘(B) The Attorney General shall have sole and

12 unreviewable discretion to waive subparagraph (A) for

13 aliens who are cooperating with law enforcement authori14 ties or for purposes of national security.‘‘.

15 (d) Section 242(f) of the Immigration and National16 ity Act (8 U.S.C. 1252(f)) is amended by adding at the

17 end the following new sentence: ‘‘Any alien who has unlaw18 fully reentered the United States after having previously

19 been deported by reason of having committed any criminal

20 offense covered in section 241(a)(2) (A)(iii) or (B), (C),

21 and (D), or any offense covered by clause (ii) of section

22 241(a)(2)(A) for which both predicate offenses are covered

23 by clause (i) of that section, shall, in addition to the pun24 ishment provided for any other crime, be punished by im25 prisonment of not less than 15 years.’’.
44

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1 SEC. 407. JUDICIAL DEPORTATION.

2 (a) Section 242A (8 U.S.C. 1252a(a)(1) is

3 amended—

4 (1) by amending paragraphs (1) and (2) of sub5 section (a) to read as follows:

6 ‘‘(a) DEPORTATION OF CRIMINAL ALIENS.—

7 ‘‘(1) IN GENERAL.—The Attorney General shall

8 provide for the availability of special deportation

9 proceedings at certain Federal, State, and local cor10 rectional facilities for aliens convicted of any crimi11 nal offense covered in section 241(a)(2) (A)(iii) or

12 (B), (C), and (D), or any offense covered by clause

13 (ii) of section 241(a)(2)(A) for which both predicate

14 offenses are covered by clause (i) of that section.

15 Such proceedings shall be conducted in conformity

16 with section 242 (except as otherwise provided in

17 this section), and in a manner which eliminates the

18 need for additional detention at any processing cen19 ter of the Service and in a manner which assures ex20 peditious deportation following the end of the alien’s

21 incarceration for the underlying sentence.

22 ‘‘(2) IMPLEMENTATION.—With respect to an

23 alien convicted of any criminal offense covered in

24 section 241(a)(2) (A)(iii) or (B), (C), and (D), or

25 any offense covered by clause (ii) of section

26 241(a)(2)(A) for which both predicate offenses are
45

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1 covered by clause (i) of that section who is taken

2 into custody by the Attorney General pursuant to

3 section 242(a)(2), the Attorney General shall, to the

4 maximum extent practicable, detain any such felon

5 at a facility at which other such aliens are detained.

6 In the selection of such facility, the Attorney Gen7 eral shall make reasonable efforts to ensure that the

8 alien’s access to counsel and right to counsel under

9 section 1362 are not impaired.’’;

10 (2) by redesignating subsection (d) as sub11 section (c); and

12 (3) in subsection (c), as redesignated—

13 (A) by striking paragraph (1) and insert14 ing the following:

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

16 provision of this Act, a United States district court

17 shall have jurisdiction to enter a judicial order of de18 portation at the time of sentencing against an

19 alien—

20 ‘‘(A) who is deportable pursuant to para21 graphs (1) through (5) of section 241(a);

22 ‘‘(B) who has at any time been convicted

23 of a violation of section 276 (a) or (b) (relating

24 to reentry of a deported alien); or
46

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1 ‘‘(C) who has at any time been convicted

2 of a violation of section 275 (relating to entry

3 of an alien at an improper time or place, and

4 to misrepresentation and concealment of facts).

5 A United States Magistrate shall have jurisdiction to

6 enter a judicial order of deportation at the time of

7 sentencing where the alien has been convicted of a

8 misdemeanor offense and the alien is deportable

9 under this Act.’’; and

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

11 paragraph:

12 ‘‘(5) STIPULATED JUDICIAL ORDER OF DEPOR13 TATION.—The United States Attorney, with the con14 currence of the Commissioner, may, pursuant to

15 Federal Rule of Criminal Procedure 11, enter into

16 a plea agreement which calls for the alien, who is de17 portable under this Act, to waive the right to notice

18 and a hearing under this section, and stipulate to

19 the entry of a judicial order of deportation from the

20 United States as a condition of the plea agreement

21 or as a condition of probation or supervised release,

22 or both. The United States District Court, in both

23 felony and misdemeanor cases, and the United

24 States Magistrate Court in misdemeanors cases, may

25 accept such a stipulation and shall have jurisdiction
47

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1 to enter a judicial order of deportation pursuant to

2 the terms of such stipulation.’’.

3 SEC. 408. STIPULATED EXCLUSION OR DEPORTATION.

4 (a) Section 236 (8 U.S.C. 1226) is amended by add5 ing at the end the following new subsection:

6 ‘‘(f) The Attorney General shall provide by regulation

7 for the entry by a special inquiry officer of an order of

8 exclusion and deportation stipulated to by the alien and

9 the Service. Such an order may be entered without a per10 sonal appearance by the alien before the special inquiry

11 officer. A stipulated order shall constitute a conclusive de12 termination of the alien’s excludability and deportability

13 from the United States.’’.

14 (b) Section 242 (8 U.S.C. 1252) is amended in sub15 section (b)—

16 (1) by inserting ‘‘(1)’’ before the first sentence;

17 and

18 (2) by striking the sentence beginning with

19 ‘‘Except as provided in section 242A(d)’’ and insert20 ing the following:

21 ‘‘(2) The Attorney General shall further provide

22 by regulation for the entry by a special inquiry offi23 cer of an order of deportation stipulated to by the

24 alien and the Service. Such an order may be entered

25 without a personal appearance by the alien before
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1 the special inquiry officer. A stipulated order shall

2 constitute a conclusive determination of the alien’s

3 deportability from the United States.

4 ‘‘(3) The procedures prescribed in this sub5 section and in section 242A(c) shall be the sole and

6 exclusive procedures for determining the deportabil7 ity of an alien under this section.

8 ‘‘(4)’’.

9 SEC. 409. DEPORTATION AS A CONDITION OF PROBATION.

10 Section 3563(b) of title 18, United States Code, is

11 amended—

12 (1) by striking ‘‘or’’ at the end of paragraph

13 (21);

14 (2) by striking the period at the end of para15 graph (22) and inserting ‘‘; or’’; and

16 (3) by adding at the end the following new

17 paragraph:

18 ‘‘(23) be ordered deported by a United States

19 District Court, or United States Magistrate Court,

20 pursuant to a stipulation entered into by the defend21 ant and the United States under section 242A(c) of

22 the Immigration and Nationality Act (8 U.S.C.

23 1252a(c)), except that, in the absence of a stipula24 tion, the United States District Court or the United

25 States Magistrate Court, may order deportation as
49

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1 a condition of probation, if, after notice and hearing

2 pursuant to section 242A(c) of the Immigration and

3 Nationality Act, the Attorney General demonstrates

4 by clear and convincing evidence that the alien is de5 portable.’’.

6 SEC. 410. ANNUAL REPORT ON CRIMINAL ALIENS.

7 Not later than 12 months after the date of enactment

8 of this Act, and annually thereafter, the Attorney General

9 shall submit to the Committees on the Judiciary of the

10 House of Representatives and of the Senate a report de11 tailing—

12 (1) the number of illegal aliens incarcerated in

13 Federal and State prisons for having committed felo14 nies, stating the number incarcerated for each type

15 of offense;

16 (2) the number of illegal aliens convicted for

17 felonies in any Federal or State court, but not sen18 tenced to incarceration, in the year before the report

19 was submitted, stating the number convicted for

20 each type of offense;

21 (3) programs and plans underway in the De22 partment of Justice to ensure the prompt removal

23 from the United States of criminal aliens subject to

24 exclusion or deportation; and
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1 (4) methods for identifying and preventing the

2 unlawful reentry of aliens who have been convicted

3 of criminal offenses in the United States and re4 moved from the United States.

5 SEC. 411. UNDERCOVER INVESTIGATION AUTHORITY.

6 (a) AUTHORITIES.—With respect to any undercover

7 investigative operation of the Immigration and Naturaliza8 tion Service which is necessary for the detection and pros9 ecution of crimes against the United States—

10 (1) sums authorized to be appropriated for the

11 Immigration and Naturalization Service by this Act

12 may be used for leasing space within the United

13 States, the District of Columbia, and the territories

14 and possessions of the United States without regard

15 to section 3679(a) of the Revised Statutes (31

16 U.S.C. 1341), section 3732(a) of the Revised Stat17 utes (41 U.S.C. 11(a)), section 305 of the Act of

18 June 30, 1949 (63 Stat. 396; 41 U.S.C. 255), the

19 third undesignated paragraph under the heading

20 ‘‘Miscellaneous’’ of the Act of March 3, 1877 (19

21 Stat. 370; 40 U.S.C. 34), section 3648 of the Re22 vised Statutes (31 U.S.C. 3324), section 3741 of the

23 Revised Statutes (41 U.S.C. 22), and subsections (a)

24 and (c) of section 304 of the Federal Property and
51

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1 Administrative Services Act of 1949 (63 Stat. 395;

2 41 U.S.C. 254 (a) and (c));

3 (2) sums authorized to be appropriated for the

4 Immigration and Naturalization Service by this Act

5 may be used to establish or to acquire proprietary

6 corporations or business entities as part of an un7 dercover operation, and to operate such corporations

8 or business entities on a commercial basis, without

9 regard to the provisions of section 304 of the Gov10 ernment Corporation Control Act (31 U.S.C. 9102);

11 (3) sums authorized to be appropriated for the

12 Immigration and Naturalization Service by this Act,

13 and the proceeds from such undercover operation,

14 may be deposited in banks or other financial institu15 tions without regard to the provisions of section 648

16 of title 18 of the United States Code, and section

17 3639 of the Revised Statutes (31 U.S.C. 3302); and

18 (4) the proceeds from such undercover oper19 ation may be used to offset necessary and reasonable

20 expenses incurred in such operation without regard

21 to the provisions of section 3617 of the Revised

22 Statutes (31 U.S.C. 3302).

23 The authorization set forth in this section may be exer24 cised only upon written certification of the Commissioner

25 of the Immigration and Naturalization Service, in con-
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1 sultation with the Deputy Attorney General, that any ac2 tion authorized by paragraph (1), (2), (3), or (4) is nec3 essary for the conduct of such undercover operation.

4 (b) UNUSED FUNDS.—As soon as practicable after

5 the proceeds from an undercover investigative operation,

6 carried out under paragraphs (3) and (4) of subsection

7 (a), are no longer necessary for the conduct of such oper8 ation, such proceeds or the balance of such proceeds re9 maining at the time shall be deposited into the Treasury

10 of the United States as miscellaneous receipts.

11 (c) REPORT.—If a corporation or business entity es12 tablished or acquired as part of an undercover operation

13 under subsection (a)(2) with a net value of over $50,000

14 is to be liquidated, sold, or otherwise disposed of, the Im15 migration and Naturalization Service, as much in advance

16 as the Commissioner or his or her designee determine

17 practicable, shall report the circumstances to the Attorney

18 General, the Director of the Office of Management and

19 Budget, and the Comptroller General of the United States.

20 The proceeds of the liquidation, sale, or other disposition,

21 after obligations are met, shall be deposited in the Treas22 ury of the United States as miscellaneous receipts.

23 (d) AUDITS.—The Immigration and Naturalization

24 Service shall conduct detailed financial audits of closed un25 dercover operations on a quarterly basis and shall report
53

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1 the results of the audits in writing to the Deputy Attorney

2 General.

3 SEC. 412. PRISONER TRANSFER TREATIES.

4 (a) NEGOTIATIONS WITH OTHER COUNTRIES.—The

5 Secretary of State, together with the Attorney General,

6 may enter into an agreement with any foreign country pro7 viding for the incarceration in that country of any individ8 ual who—

9 (1) is a national of that country; and

10 (2) has been convicted of a criminal offense

11 under Federal or State law and who—

12 (A) is not in lawful immigration status in

13 the United States, or

14 (B) on the basis of conviction for a crimi15 nal offense under Federal or State law, or on

16 any other basis, is subject to deportation under

17 the Immigration and Nationality Act,

18 for the duration of the prison term to which the individual

19 was sentenced for the offense referred to in paragraph (2).

20 Any such agreement may provide for the release of such

21 individual pursuant to parole procedures of that country.

22 (b) SENSE OF CONGRESS.—It is the sense of the

23 Congress that—

24 (1) the focus of negotiations for such agree25 ments should be on arrangements to expedite the
54

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1 transfer of the individuals described in subsection

2 (a) and to ensure that such individuals serve the bal3 ance of their sentences;

4 (2) the Secretary of State should give priority

5 to concluding an agreement with any country for

6 which the President determines that the number of

7 individuals described in subsection (a) who are na8 tionals of that country in the United States rep9 resents a significant percentage of all such individ10 uals in the United States; and

11 (3) no new treaty providing for the transfer of

12 aliens from Federal, State, or local incarceration fa13 cilities to a foreign incarceration facility may permit

14 the alien to refuse the transfer.

15 (c) PRISONER CONSENT.—Notwithstanding any

16 other provision of law, except as required by treaty, the

17 transfer of an alien from a Federal, State, or local incar18 ceration facility under an agreement of the type referred

19 to in subsection (a) shall not require consent of the alien.

20 (d) ANNUAL REPORT.—Not later than 90 days after

21 the date of the enactment of this Act, and annually there22 after, the Attorney General shall submit a report to the

23 Committees on the Judiciary of the House of Representa24 tives and of the Senate, stating whether each prisoner

25 transfer treaty to which the United States is a party has
55

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1 been effective in the preceding 12 months in bringing

2 about the return of deportable incarcerated aliens to the

3 country of which they are nationals and in ensuring that

4 they serve the balance of their sentences.

5 (e) TRAINING FOREIGN LAW ENFORCEMENT PER6 SONNEL.—(1) Subject to paragraph (2), the President

7 shall direct the Border Patrol Academy and the Customs

8 Service Academy to enroll for training an appropriate

9 number of foreign law enforcement personnel, and shall

10 make appointments of foreign law enforcement personnel

11 to such academies, as necessary to further the following

12 United States law enforcement goals:

13 (A) prevention of drug smuggling and other

14 cross-border criminal activity;

15 (B) preventing illegal immigration; and

16 (C) preventing the illegal entry of goods into

17 the United States (including goods the sale of which

18 is illegal in the United States, the entry of which

19 would cause a quota to be exceeded, or which have

20 not paid the appropriate duty or tariff).

21 (2) The appointments described in paragraph (1)

22 shall be made only to the extent there is capacity in such

23 academies beyond what is required to train United States

24 citizens needed in the Border Patrol and Customs Service,

25 and only of personnel from a country with which the pris-
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1 oner transfer treaty has been stated to be effective in the

2 most recent report referred to in subsection (d).

3 (f) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated such sums as may be

5 necessary to carry out this section.

6 SEC. 413. PRISONER TRANSFER TREATIES STUDY.

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

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

9 of State and the Attorney General shall submit to the Con10 gress a report that describes the use and effectiveness of

11 the prisoner transfer treaties with the three countries with

12 the greatest number of their nationals incarcerated in the

13 United States in removing from the United States such

14 incarcerated nationals.

15 (b) USE OF TREATY.—The report under subsection

16 (a) shall include—

17 (1) the number of aliens convicted of a criminal

18 offense in the United States since November 30,

19 1977, who would have been or are eligible for trans20 fer pursuant to the treaties;

21 (2) the number of aliens described in paragraph

22 (1) who have been transferred pursuant to the trea23 ties;
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1 (3) the number of aliens described in paragraph

2 (2) who have been incarcerated in full compliance

3 with the treaties;

4 (4) the number of aliens who are incarcerated

5 in a penal institution in the United States who are

6 eligible for transfer pursuant to the treaties; and

7 (5) the number of aliens described in paragraph

8 (4) who are incarcerated in Federal, State, and local

9 penal institutions in the United States.

10 (c) RECOMMENDATIONS.—The report under sub11 section (a) shall include the recommendations of the Sec12 retary of State and the Attorney General to increase the

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

14 treaties. In considering the recommendations under this

15 subsection, the Secretary and the Attorney General shall

16 consult with such State and local officials in areas dis17 proportionately impacted by aliens convicted of criminal

18 offenses as the Secretary and the Attorney General con19 sider appropriate. Such recommendations shall address—

20 (1) changes in Federal laws, regulations, and

21 policies affecting the identification, prosecution, and

22 deportation of aliens who have committed a criminal

23 offense in the United States;

24 (2) changes in State and local laws, regulations,

25 and policies affecting the identification, prosecution,
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1 and deportation of aliens who have committed a

2 criminal offense in the United States;

3 (3) changes in the treaties that may be nec4 essary to increase the number of aliens convicted of

5 crimes who may be transferred pursuant to the trea6 ties;

7 (4) methods for preventing the unlawful reentry

8 into the United States of aliens who have been con9 victed of criminal offenses in the United States and

10 transferred pursuant to the treaties;

11 (5) any recommendations by appropriate offi12 cials of the appropriate government agencies of such

13 countries regarding programs to achieve the goals

14 of, and ensure full compliance with, the treaties;

15 (6) whether the recommendations under this

16 subsection require the renegotiation of the treaties;

17 and

18 (7) the additional funds required to implement

19 each recommendation under this subsection.

20 SEC. 414. USING ALIEN FOR IMMORAL PURPOSES, FILING

21 REQUIREMENT.

22 Section 2424 of title 18, United States Code, is

23 amended by—

24 (1) in the first paragraph of subsection (a)—

25 (A) by striking ‘‘alien’’;
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1 (B) by inserting after ‘‘individual’’ the first

2 time it appears ‘‘, knowing or in reckless dis3 regard of the fact that said individual is an

4 alien,’’; and

5 (C) by striking ‘‘within three years after

6 that individual has entered the United States

7 from any country, party to the arrangement

8 adopted July 25, 1902, for the suppression of

9 the white-slave traffic’’;

10 (2) in the second paragraph of subsection (a)—

11 (A) by striking ‘‘thirty’’ and inserting ‘‘five

12 business’’; and

13 (B) by striking ‘‘within three years after

14 that individual has entered the United States

15 from any country, party to the said arrange16 ment for the suppression of the white slave

17 traffic’’;

18 (3) in the third paragraph of subsection (a),

19 striking ‘‘two’’ and inserting ‘‘ten’’; and

20 (4) in subsection (b), by striking the period

21 after ‘‘failing to comply with this section’’ and in22 serting ‘‘, or for enforcement of the provisions of

23 section 274A of the Immigration and Nationality

24 Act.’’.
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1 SEC. 415. TECHNICAL CORRECTIONS TO VIOLENT CRIME

2 CONTROL ACT AND TECHNICAL CORREC3 TIONS ACT.

4 (a)(1) Section 130003(c)(1) of the Violent Crime

5 Control Act of 1994 (Public Law 103–322) is amended

6 by striking ‘‘a new subsection (i)’’ and inserting ‘‘a new

7 subsection (j)’’.

8 (2) The amendment made by this subsection shall be

9 effective as if originally included in section 130003(c)(1)

10 of such Act.

11 (b)(1) Section 242A(d)(4) (8 U.S.C. 1252a(d)(4)), as

12 added by section 224 of the Immigration and Nationality

13 Technical Corrections Act of 1994 (Public Law 103–416),

14 but as redesignated as section 242A(c)(4), by section 165

15 of this Act, is amended by striking ‘‘without a decision

16 on the merits’’.

17 (2) The amendment made by this subsection shall be

18 effective as if originally included in section 223 of such

19 Act.

20 TITLE V—WELFARE ELIGIBILITY

21 SEC. 501. INELIGIBILITY OF EXCLUDABLE, DEPORTABLE,

22 AND NONIMMIGRANT ALIENS.

23 (a) PUBLIC ASSISTANCE AND BENEFITS.—

24 (1) IN GENERAL.—Notwithstanding any other

25 provision of law, an ineligible alien (as defined in

26 subsection (e)(2)) shall not be eligible to receive any
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1 benefits under any program of assistance provided

2 or funded, in whole or in part, by the Federal Gov3 ernment or any State or local government entity, for

4 which eligibility for benefits is based on need, or to

5 receive any grant, contract, loan, professional li6 cense, or commercial license provided or funded by

7 any agency of the United States or any State or

8 local government entity, except—

9 (A) emergency medical services under title

10 XIX of the Social Security Act,

11 (B) short-term, non-cash, in kind, emer12 gency disaster relief,

13 (C) assistance or benefits under the Na14 tional School Lunch Act,

15 (D) assistance or benefits under the Child

16 Nutrition Act of 1966,

17 (E) public health assistance for immuniza18 tions and, if the Secretary of Health and

19 Human Services determines that it is necessary

20 to prevent the spread of a serious commu21 nicable disease, for testing and treatment for

22 such diseases, and

23 (F) with respect to nonimmigrants author24 ized to work in the United States, professional

25 or commercial licenses required to engage in
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1 such work, if such nonimmigrants are otherwise

2 qualified for such licenses.

3 (2) BENEFITS OF RESIDENCE.—Notwithstand4 ing any other provision of law, no State or local gov5 ernment entity shall consider any ineligible alien as

6 a resident when to do so would place such alien in

7 a more favorable position, regarding access to, or

8 the cost of, any benefit or government service, than

9 a United States citizen who is not regarded as such

10 a resident.

11 (3) NOTIFICATION OF ALIENS.—(A) The agency

12 administering a program referred to in paragraph

13 (1) or (2) shall, directly or, in the case of a Federal

14 agency, through the States, notify individually or by

15 public notice, all ineligible aliens who receive benefits

16 under the program on the date of the enactment of

17 this Act and whose eligibility for the program is ter18 minated by reason of this subsection.

19 (B) Nothing in subparagraph (A), may con20 strued to require, or authorize, that, if the notice re21 quired in such paragraph is not given, such eligi22 bility not be so terminated.

23 (b) UNEMPLOYMENT BENEFITS.—Notwithstanding

24 any other provision of law, only eligible aliens who have

25 been granted employment authorization pursuant to Fed-
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1 eral law, and United States citizen or nationals, may re2 ceive any portion of unemployment benefits payable out

3 of Federal funds, and such eligible aliens may receive only

4 the portion of such benefits which is attributable to the

5 authorized employment.

6 (c) SOCIAL SECURITY BENEFITS.—(1) Notwith7 standing any other provision of law, only eligible aliens

8 who have been granted employment authorization pursu9 ant to Federal law and United States citizen or nationals

10 may receive any benefit under title II of the Social Secu11 rity Act, and such eligible aliens may receive only the por12 tion of such benefits which is attributable to the author13 ized employment.

14 (2) Notwithstanding any other provision of law, no

15 tax or other contribution required under the Social Secu16 rity Act, paid by any alien other than an eligible alien who

17 has been granted employment authorization pursuant to

18 Federal law, or by an employer of such alien, shall be re19 funded or reimbursed, in whole or in part.

20 (d) HOUSING ASSISTANCE PROGRAMS.—Not later

21 than 90 days after the date of the enactment of this Act,

22 the Secretary of Housing and Urban Development shall

23 submit a report to the Committee on the Judiciary of the

24 Senate, the Committee on the Judiciary of the House of

25 Representatives, the Committee on Banking, Housing,
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1 and Urban Affairs of the Senate, and the Committee on

2 Banking and Financial Services of the House of Rep3 resentatives describing the manner in which the Secretary

4 is enforcing section 214 of the Housing and Community

5 Development Act of 1980 and containing statistics with

6 respect to the number of individuals denied financial as7 sistance under such section.

8 (e) DEFINITIONS.—For the purposes of this sec9 tion—

10 (1) ELIGIBLE ALIEN.—The term ‘‘eligible

11 alien’’ means an individual who is—

12 (A) an alien lawfully admitted for perma13 nent residence,

14 (B) an alien granted asylum, within 5

15 years of the grant of asylum,

16 (C) a refugee, within 5 years of the indi17 vidual’s date of entry into the United States,

18 (D) an alien whose deportation has been

19 withheld under section 243(h) of the Immigra20 tion and Nationality Act, within 5 years of the

21 withholding of deportation, or

22 (E) a parolee who has been paroled for a

23 period of 1 year or more.

24 (2) INELIGIBLE ALIEN.—The term ‘‘ineligible

25 alien’’ means an individual who is not—
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1 (A) a United States citizen or national; or

2 (B) an eligible alien.

3 SEC. 502. DEFINITION OF ‘‘PUBLIC CHARGE’’ FOR PUR4 POSES OF DEPORTATION.

5 (a) IN GENERAL.—Section 241(a)(5) (8 U.S.C.

6 1251(a)(5)) is amended to read as follows:

7 ‘‘(5) PUBLIC CHARGE.—

8 ‘‘(A) IN GENERAL.—Any alien who during

9 the public charge period has become a public

10 charge, regardless of when the cause arose, is

11 deportable.

12 ‘‘(B) EXCEPTIONS.—An alien is not sub13 ject to subparagraph (A) if the alien is a refu14 gee or has been granted asylum, or if—

15 ‘‘(i) the cause of the alien’s becoming

16 a public charge arose after entry or, in the

17 case of an alien who entered as a non18 immigrant, after adjustment to lawful per19 manent resident status, and

20 ‘‘(ii) was a physical illness, or physical

21 injury, so serious the alien could not work

22 at any job, or a mental disability that re23 quired continuous hospitalization.

24 ‘‘(C) DEFINITIONS.—
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1 ‘‘(i) PUBLIC CHARGE PERIOD.—For

2 purposes of subparagraph (A), the term

3 ‘public charge period’ shall mean the pe4 riod beginning on the date the alien en5 tered the United States and ending, for an

6 alien who entered the United States as an

7 immigrant, 5 years after entry, or, for an

8 alien who entered the United States as a

9 nonimmigrant, 5 years after the alien ad10 justed to permanent resident status;

11 ‘‘(ii) PUBLIC CHARGE.—For purposes

12 of subparagraph (A), the term ‘public

13 charge’ shall include any alien who receives

14 benefits under any of the programs de15 scribed in subparagraph (D) for more than

16 an aggregate of 12 months.

17 ‘‘(D) PROGRAMS DESCRIBED.—The pro18 grams described in this subparagraph are the

19 following:

20 ‘‘(i) The aid to families with depend21 ent children program under title IV of the

22 Social Security Act.

23 ‘‘(ii) The medicaid program under

24 title XIX of the Social Security Act.
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1 ‘‘(iii) The food stamp program under

2 the Food Stamp Act of 1977.

3 ‘‘(iv) The supplemental security in4 come program under title XVI of the So5 cial Security Act.

6 ‘‘(v) Any State general assistance pro7 gram.

8 ‘‘(vi) any other program of assistance

9 funded, in whole or in part, by the Federal

10 Government or any State or local govern11 ment entity, for which eligibility for bene12 fits is based on need, except the programs

13 listed as exceptions in section 201(a)(1) of

14 the Immigration Reform Act of 1995.’’.

15 (b) CONSTRUCTION.—Nothing in subparagraph (B),

16 (C), or (D) of section 241(a)(5) of the Immigration and

17 Nationality Act may be construed to invalidate other fac18 tual bases for consideration of an alien as a public charge

19 which were in effect on the day before the date of the en20 actment of this Act.

21 (c) REVIEW OF STATUS.—(1) In reviewing any appli22 cation by an alien for benefits under section 216, section

23 245, or chapter 2 of title III of the Immigration and Na24 tionality Act, the Attorney General shall determine wheth-
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1 er or not the applicant is described in section 241(a)(5)(A)

2 of such Act.

3 (2) If the Attorney General determines that an alien

4 is described in section 241(a)(5)(A) of such Act, the Attor5 ney General shall deny such application and shall institute

6 deportation proceedings with respect to such alien, unless

7 the Attorney General exercises discretion to withhold or

8 suspend deportation pursuant to any other section of such

9 Act.

10 (d) EFFECTIVE DATE.—This section shall apply to

11 aliens who enter the United States after the date of the

12 enactment of this Act and to aliens who entered as

13 nonimmigrants before such date but adjust or apply to

14 adjust their status after such date.

15 SEC. 503. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF

16 SUPPORT.

17 (a) ENFORCEABILITY.—No affidavit of support may

18 be relied upon by the Attorney General or by any consular

19 officer to establish that an alien is not excludable as a

20 public charge under section 212(a)(4) of the Immigration

21 and Nationality Act unless such affidavit is executed as

22 a contract—

23 (1) which is legally enforceable against the

24 sponsor by the Federal Government and by any

25 State, district, territory, or possession of the United
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1 States (or any subdivision of such State, district,

2 territory, or possession of the United States) which

3 provides any benefit described in section

4 241(a)(5)(D), but not later than 10 years after the

5 sponsored individual last receives any such benefit;

6 (2) in which the sponsor agrees to financially

7 support the sponsored individual, so that he or she

8 will not become a public charge, until the sponsored

9 individual—

10 (A) achieves United States citizenship

11 through naturalization pursuant to chapter 2 of

12 title III of the Immigration and Nationality

13 Act; or

14 (B)(i) has worked 40 qualifying quarters

15 of coverage as defined under title II of the So16 cial Security Act or can be credited with such

17 qualifying quarters as provided under section

18 436, and (ii) did not receive any Federal public

19 benefit as described in section 501(a)(1) during

20 any such quarter; and

21 (3) in which the sponsor agrees to submit to

22 the jurisdiction of any Federal or State court for the

23 purpose of actions brought under subsection (d) or

24 (e).
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1 (b) FORMS.—Not later than 90 days after the date

2 of enactment of this Act, the Secretary of State, the Attor3 ney General, and the Secretary of Health and Human

4 Services shall jointly formulate the affidavit of support de5 scribed in this section.

6 (c) NOTIFICATION OF CHANGE OF ADDRESS.—(1)

7 The sponsor shall notify the Attorney General and the

8 State, district, territory, or possession in which the spon9 sored individual is currently resident within 30 days of any

10 change of address of the sponsor during the period speci11 fied in subsection (a)(1).

12 (2) Any person subject to the requirement of para13 graph (1) who fails to satisfy such requirement shall be

14 subject to a civil penalty of—

15 (A) not less than $250 or more than $2,000, or

16 (B) if such failure occurs with knowledge that

17 the sponsored individual has received any benefit de18 scribed in section 241(a)(5)(D) of the Immigration

19 and Nationality Act, not less than $2,000 or more

20 than $5,000.

21 (d) REIMBURSEMENT OF GOVERNMENT EX22 PENSES.—(1)(A) Upon notification that a sponsored indi23 vidual has received any benefit described in section

24 241(a)(5)(D) of the Immigration and Nationality Act, the

25 appropriate Federal, State, or local official shall request
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1 reimbursement by the sponsor in the amount of such as2 sistance.

3 (B) The Attorney General, in consultation with the

4 Secretary of Health and Human Resources, shall prescribe

5 such regulations as may be necessary to carry out sub6 paragraph (A). Such regulations shall provide for notifica7 tion to the sponsor by certified mail to the sponsor’s last

8 known address.

9 (2) If within 45 days after requesting reimbursement,

10 the appropriate Federal, State, or local agency has not

11 received a response from the sponsor indicating a willing12 ness to commence payments, an action may be brought

13 against the sponsor pursuant to the affidavit of support.

14 (3) If the sponsor fails to abide by the repayment

15 terms established by such agency, the agency may, within

16 60 days of such failure, bring an action against the spon17 sor pursuant to the affidavit of support.

18 (4) No cause of action may be brought under this

19 subsection later than 10 years after the sponsored individ20 ual last received any benefit described in section

21 241(a)(5)(D).

22 (5) If pursuant to the terms of this subsection, a Fed23 eral, State, or local agency requests reimbursement from

24 the sponsor in the amount of assistance provided, or

25 brings an action against the sponsor pursuant to the affi-
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1 davit of support, the appropriate agency may appoint or

2 hire an individual or other person to act on behalf of such

3 agency acting under the authority of law for purposes of

4 collecting any moneys owed. Nothing in this subsection

5 shall preclude any appropriate Federal, State, or local

6 agency from directly requesting reimbusement from a

7 sponsor for the amount of assistance provided, or from

8 bringing an action against a sponsor pursuant to an affi9 davit of support.

10 (e) JURISDICTION.—(1) An action to enforce an affi11 davit of support executed under section 203(a) of this Act

12 may be brought against the sponsor in any Federal or

13 State court by a Federal, State, or local agency, with re14 spect to reimbursement.

15 (2) For purposes of this section, no Federal or State

16 court shall decline for lack of subject matter or personal

17 jurisdiction to hear any action brought against a sponsor

18 under paragraph (1) if the sponsored individual is a resi19 dent of the State in which the court is located, or received

20 public assistance while residing in the State.

21 (f) DEFINITIONS.—For the purposes of this section—

22 (1) the term ‘‘sponsor’’ means an individual

23 who—
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1 (A) is a United States citizen or national

2 or an alien who is lawfully admitted to the

3 United States for permanent residence;

4 (B) is 18 years of age or over; and

5 (C) is domiciled in any of the several

6 States of the United States, the District of Co7 lumbia, or any territory or possession of the

8 United States; and

9 (2) the term ‘‘qualifying quarter’’ means a

10 three-month period in which the sponsored individ11 ual has—

12 (A) earned at least the minimum necessary

13 for the period to count as one of the 40 quar14 ters required to qualify for social security re15 tirement benefits;

16 (B) not received need-based public assist17 ance; and

18 (C) had income tax liability for the tax

19 year of which the period was part.

20 SEC. 504. ATTRIBUTION OF SPONSOR’S INCOME AND RE21 SOURCES TO FAMILY-SPONSORED IMMI22 GRANTS.

23 (a) DEEMING REQUIREMENT FOR FEDERAL AND

24 FEDERALLY FUNDED PROGRAMS.—For purposes of de25 termining the eligibility of a sponsored individual for bene-
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1 fits, and the amount of benefits, under any Federal pro2 gram of assistance, or any program of assistance funded

3 in whole or in part by the Federal Government, for which

4 eligibility is based on need, the income and resources de5 scribed in subsection (b) shall, notwithstanding any other

6 provision of law, be deemed to be the income and resources

7 of such individual.

8 (b) DEEMED INCOME AND RESOURCES.—The income

9 and resources referred to in subsection (a) include—

10 (1) the income and resources of any person

11 who, as a sponsor of such individual’s entry into the

12 United States, or in order to enable such individual

13 lawfully to remain in the United States, executed an

14 affidavit of support or similar agreement with re15 spect to such individual, and

16 (2) the income and resources of the sponsor’s

17 spouse.

18 (c) LENGTH OF DEEMING PERIOD.—The require19 ment of subsection (a) shall apply—

20 (1) for the period for which the sponsor has

21 agreed, in such affidavit or agreement, to provide

22 support for such individual, or for a period of 5

23 years beginning on the day such individual was first

24 lawfully in the United States after the execution of
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1 such affidavit or agreement, whichever period is

2 longer, or

3 (2) until such time as the sponsored individual

4 achieves United States citizenship through natu5 ralization pursuant to chapter 2 of title III of the

6 Immigration and Nationality Act,

7 whichever first occurs.

8 (d) DEEMING AUTHORITY TO STATE AND LOCAL

9 AGENCIES.—(1) For purposes of determining the eligi10 bility of a sponsored individual for benefits, and the

11 amount of benefits, under any State or local program of

12 assistance for which eligibility is based on need, or any

13 need-based program of assistance administered by a State

14 or local government other than a program described in

15 subsection (a), the State or local government may, not16 withstanding any other provision of law, require that the

17 income and resources described in paragraph (2) be

18 deemed to be the income and resources of such individual.

19 (2) The income and resources referred to in para20 graph (1) include—

21 (A) the income and resources of any person

22 who, as a sponsor of such individual’s entry into the

23 United States, or in order to enable such individual

24 lawfully to remain in the United States, executed an
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1 affidavit of support or similar agreement with re2 spect to such individual, and

3 (B) the income and resources of the sponsor’s

4 spouse.

5 (3) A State or local government may impose a re6 quirement described in paragraph (1)—

7 (A) for the period for which the sponsor has

8 agreed, in such affidavit or agreement, to provide

9 support for such individual, or for a period of 5

10 years beginning on the day such individual was first

11 lawfully in the United States after the execution of

12 such affidavit or agreement, whichever period is

13 longer, or

14 (B) until such time as the sponsored individual

15 achieves United States citizenship through natu16 ralization pursuant to chapter 2 of title III of the

17 Immigration and Nationality Act,

18 whichever first occurs.

19 SEC. 505. AUTHORITY TO STATES AND LOCALITIES TO

20 LIMIT ASSISTANCE TO ALIENS AND TO DIS21 TINGUISH AMONG CLASSES OF ALIENS IN

22 PROVIDING GENERAL PUBLIC ASSISTANCE.

23 (a) IN GENERAL.—Subject to subsection (b) and not24 withstanding any other provision of law, a State or local

25 government may prohibit or otherwise limit or restrict the
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1 eligibility of aliens or classes of aliens for programs of gen2 eral cash public assistance furnished under the law of the

3 State or a political subdivision of a State.

4 (b) LIMITATION.—The authority under subsection (a)

5 may be exercised only to the extent that any prohibitions,

6 limitations, or restrictions are not more restrictive than

7 comparable Federal programs. For the purposes of this

8 section, attribution to an alien of a sponsor’s income and

9 resources for purposes of determining the eligibility for

10 and amount of benefits of an alien shall be considered less

11 restrictive than a prohibition of eligibility.

12 SEC. 506. EARNED INCOME TAX CREDIT DENIED TO INDI13 VIDUALS NOT A CITIZEN OR LAWFUL PERMA14 NENT RESIDENT.

15 (a) IN GENERAL.—(1) Notwithstanding any other

16 provision of law, no individual may receive an earned in17 come tax credit for any year in which such individual was

18 not, for the entire tax year, either a United States citizen

19 or national or a lawful permanent resident alien.

20 (2) Section 32(c)(1) of the Internal Revenue Code of

21 1986 (relating to individuals eligible to claim the earned

22 income tax credit) is amended by adding at the end the

23 following new subparagraph:

24 ‘‘(F) IDENTIFICATION NUMBER REQUIRE25 MENT.—The term ‘eligible individual’ does not
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1 include any individual who does not include on

2 the return of tax for the taxable year—

3 ‘‘(i) such individual’s taxpayer identi4 fication number, and

5 ‘‘(ii) if the individual is married (with6 in the meaning of section 7703), the tax7 payer identification number of such indi8 vidual’s spouse.’’.

9 (b) SPECIAL IDENTIFICATION NUMBER.—Section 32

10 of the Internal Revenue Code of 1986 is amended by add11 ing at the end the following new subsection:

12 ‘‘(k) IDENTIFICATION NUMBERS.—Solely for pur13 poses of subsections (c)(1)(F) and (c)(3)(D), a taxpayer

14 identification number means a social security number is15 sued to an individual by the Social Security Administra16 tion (other than a social security number issued pursuant

17 to clause (II) (or that portion of clause (III) that relates

18 to clause (II)) of section 205(c)(2)(B)(i) of the Social Se19 curity Act).’’.

20 (c) EXTENSION OF PROCEDURES APPLICABLE TO

21 MATHEMATICAL OR CLERICAL ERRORS.—Section

22 6213(g)(2) of the Internal Revenue Code of 1986 (relating

23 to the definition of mathematical or clerical errors) is

24 amended—
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1 (1) by striking ‘‘and’’ at the end of subpara2 graph (D),

3 (2) by striking the period at the end of sub4 paragraph (E) and inserting ‘‘, and’’, and

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

7 ‘‘(F) an unintended omission of a correct

8 taxpayer identification number required under

9 section 23 (relating to credit for families with

10 younger children) or section 32 (relating to the

11 earned income tax credit) to be included on a

12 return.’’.

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

14 this section shall apply to taxable years beginning after

15 December 31, 1995.

16 SEC. 507. INCREASED MAXIMUM CRIMINAL PENALTIES FOR

17 FORGING OR COUNTERFEITING SEAL OF A

18 FEDERAL DEPARTMENT OR AGENCY TO FA19 CILITATE BENEFIT FRAUD BY AN UNLAWFUL

20 ALIEN.

21 Section 506 of title 18, United States Code, is

22 amended to read as follows:

23 ‘‘§ 506. Seals of departments or agencies

24 ‘‘(a) Whoever—
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1 ‘‘(1) falsely makes, forges, counterfeits, muti2 lates, or alters the seal of any department or agency

3 of the United States, or any facsimile thereof;

4 ‘‘(2) knowingly uses, affixes, or impresses any

5 such fraudulently made, forged, counterfeited, muti6 lated, or altered seal or facsimile thereof to or upon

7 any certificate, instrument, commission, document,

8 or paper of any description; or

9 ‘‘(3) with fraudulent intent, possesses, sells, of10 fers for sale, furnishes, offers to furnish, gives away,

11 offers to give away, transports, offers to transport,

12 imports, or offers to import any such seal or fac13 simile thereof, knowing the same to have been so

14 falsely made, forged, counterfeited, mutilated, or al15 tered,

16 shall be fined under this title, or imprisoned not more than

17 5 years, or both.

18 ‘‘(b) Notwithstanding subsection (a) or any other

19 provision of law, if a forged, counterfeited, mutilated, or

20 altered seal of a department or agency of the United

21 States, or any facsimile thereof, is—

22 ‘‘(1) so forged, counterfeited, mutilated, or al23 tered;
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1 ‘‘(2) used, affixed, or impressed to or upon any

2 certificate, instrument, commission, document, or

3 paper of any description; or

4 ‘‘(3) with fraudulent intent, possessed, sold, of5 fered for sale, furnished, offered to furnish, given

6 away, offered to give away, transported, offered to

7 transport, imported, or offered to import,

8 with the intent or effect of facilitating an unlawful alien’s

9 application for, or receipt of, a Federal benefit, the pen10 alties which may be imposed for each offense under sub11 section (a) shall be two times the maximum fine, and 3

12 times the maximum term of imprisonment, or both, that

13 would otherwise be imposed for an offense under sub14 section (a).

15 ‘‘(c) For purposes of this section—

16 ‘‘(1) the term ‘Federal benefit’ means—

17 ‘‘(A) the issuance of any grant, contract,

18 loan, professional license, or commercial license

19 provided by any agency of the United States or

20 by appropriated funds of the United States; and

21 ‘‘(B) any retirement, welfare, Social Secu22 rity, health (including treatment of an emer23 gency medical condition in accordance with sec24 tion 1903(v) of the Social Security Act (19

25 U.S.C. 1396b(v))), disability, veterans, public
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1 housing, education, food stamps, or unemploy2 ment benefit, or any similar benefit for which

3 payments or assistance are provided by an

4 agency of the United States or by appropriated

5 funds of the United States;

6 ‘‘(2) the term ‘unlawful alien’ means an individ7 ual who is not—

8 ‘‘(A) a United States citizen or national;

9 ‘‘(B) an alien lawfully admitted to the

10 United States for permanent residence;

11 ‘‘(C) an alien granted asylum;

12 ‘‘(D) a refugee;

13 ‘‘(E) an alien whose deportation has been

14 withheld under section 243(h) of the Immigra15 tion and Nationality Act; or

16 ‘‘(F) a parolee who has been paroled for a

17 period of 1 year or more; and

18 ‘‘(3) each instance of forgery, counterfeiting,

19 mutilation, or alteration shall constitute a separate

20 offense under this section.’’.

21 SEC. 508. STATE OPTION UNDER THE MEDICAID PROGRAM

22 TO PLACE ANTI-FRAUD INVESTIGATORS IN

23 HOSPITALS.

24 (a) IN GENERAL.—Section 1902(a) of the Social Se25 curity Act (42 U.S.C. 1396a(a)) is amended—
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1 (1) by striking ‘‘and’’ at the end of paragraph

2 (61);

3 (2) by striking the period at the end of para4 graph (62) and inserting ‘‘and’’; and

5 (3) by adding after paragraph (62) the follow6 ing new paragraph:

7 ‘‘(63) in the case of a State that is certified by

8 the Attorney General as a high illegal immigration

9 State (as determined by the Attorney General), at

10 the option of the State, establish and operate a pro11 gram for the placement of anti-fraud investigators in

12 State, county, and private hospitals located in the

13 State to verify the immigration status and income

14 eligibility of applicants for medical assistance under

15 the State plan prior to the furnishing of medical as16 sistance.’’.

17 (b) PAYMENT.—Section 1903 of such Act (42 U.S.C.

18 1396b) is amended—

19 (1) by striking ‘‘plus’’ at the end of paragraph

20 (6);

21 (2) by striking the period at the end of para22 graph (7) and inserting ‘‘plus’’; and

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

24 paragraph:
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1 ‘‘(8) an amount equal to the Federal medical

2 assistance percentage (as defined in section 1905(b))

3 of the total amount expended during such quarter

4 which are attributable to operating a program under

5 section 1902(a)(63).’’.

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

7 subsection (a) shall take effect on the first day of the first

8 calendar quarter beginning after the date of the enactment

9 of this Act.

10 SEC. 509. LIMITATION ON THE AWARD OF COSTS AND FEES.

11 (a) LIMITATION.—Section 2412 of title 28, United

12 States Code, is amended by adding at the end the follow13 ing new subsection:

14 ‘‘(g) Costs, fees, or expenses shall not be awarded

15 under this section in any civil action brought by or on be16 half of any individual who is not a United States citizen

17 or national or alien who is a lawful permanent resident

18 alien of the United States.’’.

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

20 subsection (a) shall be effective upon the date of enact21 ment of this Act and shall apply to all judgments entered

22 and civil actions commenced thereafter.

23 SEC. 510. COMPUTATION OF TARGETED ASSISTANCE.

24 Section 412(c)(2) (8 U.S.C. 1522(c)(2)) is amended

25 by adding at the end the following new subparagraph:
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1 ‘‘(C) Except for the Targeted Assistance Ten Percent

2 Discretionary Program, all grants made available under

3 this paragraph for a fiscal year shall be allocated by the

4 Office of Refugee Resettlement in a manner that ensures

5 that each qualifying county shall receive the same amount

6 of assistance for each refugee and entrant residing in the

7 county as of the beginning of the fiscal year who arrived

8 in the United States not more than 60 months prior to

9 such fiscal year.’’.

10 TITLE VI—EFFECTIVE DATES

11 SEC. 601. EFFECTIVE DATES.

12 Except as otherwise provided in this Act, this Act

13 shall take effect on the date on enactment.

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