II

104TH CONGRESS

1ST SESSION S. 160

To impose a moratorium on immigration by aliens other than refugees,

certain priority and skilled workers, and immediate relatives of United

States citizens and permanent resident aliens.

IN THE SENATE OF THE UNITED STATES

JANUARY 5, 1995

Mr. SHELBY (for himself, Mr. CRAIG, Mr. FAIRCLOTH, and Mr. HEFLIN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To impose a moratorium on immigration by aliens other

than refugees, certain priority and skilled workers, and

immediate relatives of United States citizens and permanent resident aliens.

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

3 SECTION 1. SHORT TITLE; REFERENCES IN ACT.

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

5 ‘‘Immigration Moratorium Act of 1994’’.

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

8 expressed in terms of an amendment to a section or other
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1 provision, the reference shall be considered to be made to

2 a section or other provision of the Immigration and Na3 tionality Act.

4 SEC. 2. IMMIGRATION MORATORIUM DEFINED.

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

7 1994, and ending on September 30, 1999.

8 SEC. 3. WORLDWIDE LEVELS OF IMMIGRATION.

9 Notwithstanding section 201 of the Immigration and

10 Nationality Act (8 U.S.C. 1151), during the immigration

11 moratorium in lieu of the worldwide levels of immigration

12 under section 201 (c), (d) and (e)—

13 (1) the worldwide level of family-sponsored im14 migrants for a fiscal year under section 201(c) is

15 325,000, minus the sum of—

16 (A) the number of refugees admitted under

17 section 207;

18 (B) the number of spouses and children of

19 a citizen of the United States admitted under

20 section 201(b)(2)(A); and

21 (C) the number of employment-based im22 migrants described in sections 203(b) (1) or (2)

23 who were issued immigrant visas, or who other24 wise acquired the status of aliens lawfully ad-
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1 mitted to the United States for permanent resi2 dence.

3 (2) the worldwide level of employment-based

4 immigrants for a fiscal year under section 201(d) is

5 50,000; and

6 (3) the worldwide level of diversity immigrants

7 for a fiscal year under section 201(e) is zero.

8 SEC. 4. ALLOTMENT OF VISAS.

9 (a) Notwithstanding section 203 of the Immigration

10 and Nationality Act (8 U.S.C. 1153), during the immigra11 tion moratorium, visas may be allotted in any fiscal year

12 under section 203 only as follows—

13 (1) spouses and unmarried children of perma14 nent resident aliens who qualify under section

15 203(a)(2)(A) and who were holding priority dates as

16 of the effective date of this Act shall be allotted

17 visas in a number equal to 40 percent of the world18 wide level of immigration of family-sponsored immi19 grants under section 3(1) of this Act;

20 (2) in lieu of the number of visas that otherwise

21 would be available to parents of a citizen of the

22 United States under section 201(b)(2) of the Immi23 gration and Nationality Act (8 U.S.C. 1153), the

24 number of visas that shall be allotted in any fiscal

25 year to such parents of a citizen of the United
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1 States shall, notwithstanding section 201(b), be a

2 number equal to 60 percent of the worldwide level

3 of immigration of family-sponsored immigrants for

4 that fiscal year under section 3(1) of this Act;

5 (3) qualified immigrants holding priority dates

6 as of the effective date of this Act who are sons and

7 daughters of United States citizens shall be allocated

8 visas in a number equal to 75 percent of the maxi9 mum number of visas available but not issued under

10 paragraphs (1) and (2);

11 (4) qualified immigrants holding priority dates

12 as of the effective date of this Act who are the sons

13 and daughters of permanent resident aliens shall be

14 allocated visas in a number equal to 25 percent of

15 the maximum number of visas available but not is16 sued under paragraphs (1) and (2);

17 (5) qualified immigrants holding priority dates

18 as of the effective date of this Act who are the

19 brothers or sisters of citizens of the United States,

20 if such citizens are at least 21 years of age, shall be

21 allocated visas in a number equal to the number of

22 visas available but not issued for the classes speci23 fied in paragraphs (3) and (4);
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1 (6) employment-based immigrants who qualify

2 under sections 203(b) (1) or (2) shall be allotted not

3 more than 50,000 visas;

4 (7) the number of visas that shall be allotted to

5 other aliens subject to the worldwide level of employ6 ment-based immigrants shall be zero; and

7 (8) the number of visas that shall be allotted to

8 diversity immigrants under section 203(c) shall be

9 zero.

10 (b) Nothing in this Act shall limit the number of visas

11 that otherwise are available to spouses and children of a

12 citizen of the United States under section 201(b)(2)(A)

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

14 1151(b)(2)(A)).

15 SEC. 5. GRANTING IMMIGRANT STATUS.

16 During the immigration moratorium, the Attorney

17 General may not accept or approve any petition for classi18 fication under section 204 of the Immigration and Nation19 ality Act except for classification by reason of being—

20 (1) a spouse or child of a citizen of the United

21 States as described in section 201(b)(2)(A);

22 (2) a spouse or child of a permanent resident

23 alien as described in section 203(a)(2)(A);
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1 (3) a parent of a citizen of the United States

2 as described in section 201(b)(2)(A) to the extent al3 lowed by section 4(a)(2) of this Act;

4 (4) qualified immigrants holding priority dates

5 as of the effective date of this Act who are sons and

6 daughters of United States citizens or of permanent

7 resident aliens or brothers or sisters as specified in

8 paragraphs (3), (4), and (5) of section 4 of this Act;

9 or

10 (5) by reason of employment-based immigrant

11 status under sections 203(b) (1) or (2) of the Immi12 gration and Nationality Act.

13 Petitions submitted during the moratorium that may not

14 be accepted or approved shall be returned to the persons

15 who filed the petitions.

16 SEC. 6. ANNUAL ADMISSION OF REFUGEES.

17 Notwithstanding any other provision of law, during

18 the immigration moratorium, the number of refugees who

19 may be admitted under section 207 of the Immigration

20 and Nationality Act (8 U.S.C. 1157), including the num21 ber of admissions made available to adjust to the status

22 of permanent residence the status of aliens granted asy23 lum under section 209(b) of the Immigration and Nation24 ality Act, shall not exceed 50,000 in any fiscal year.
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1 SEC. 7. IMMEDIATE RELATIVES DEFINED.

2 During the immigration moratorium, the term ‘‘im3 mediate relatives’’ for purposes of section 201(b) means

4 the children and spouse of a citizen of the United States

5 who shall have acquired citizenship under chapter 1 of title

6 III of the Immigration and Nationality Act.

7 SEC. 8. EFFECTIVE DATE.

8 This Act shall take effect upon enactment.

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