I

103D CONGRESS

1ST SESSION H. R. 1355

To amend the Immigration and Nationality Act with respect to exclusion

for admissions fraud, procedures for inspecting aliens seeking entry to

the United States, and increasing penalties for certain alien smuggling.

IN THE HOUSE OF REPRESENTATIVES

MARCH 16, 1993

Mr. MCCOLLUM (for himself, Mr. SMITH of Texas, Mr. CANADY, Mr. BEREUTER, Mr. COMBEST, Mr. CUNNINGHAM, Mr. ARCHER, Mr. GALLEGLY,

and Mr. RIDGE) introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act with respect

to exclusion for admissions fraud, procedures for inspecting aliens seeking entry to the United States, and increasing penalties for certain alien smuggling.

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 ‘‘Exclusion and Asylum

5 Reform Amendments of 1993’’.
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1 SEC. 2. ADMISSIONS FRAUD.

2 (a) EXCLUSION FOR FRAUDULENT DOCUMENTS AND

3 FAILURE TO PRESENT DOCUMENTS.—Section

4 212(a)(6)(C) of the Immigration and Nationality Act (8

5 U.S.C. 1182(a)(6)(C)) is amended—

6 (1) by striking ‘‘(C) MISREPRESENTATION’’ and

7 inserting in lieu thereof the following:

8 ‘‘(C) FRAUD, MISREPRESENTATION, AND

9 FAILURE TO PRESENT DOCUMENTS’’;

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

11 clause:

12 ‘‘(iii) FRAUDULENT DOCUMENTS AND

13 FAILURE TO PRESENT DOCUMENTS.—

14 ‘‘(I) Any alien who, in seeking

15 entry to the United States or board16 ing a common carrier for the purpose

17 of coming to the United States, pre18 sents any document which, in the de19 termination of the immigration offi20 cer, is forged, counterfeit, altered,

21 falsely made, stolen, or inapplicable to

22 the alien presenting the document, or

23 otherwise contains a misrepresenta24 tion of a material fact, is excludable.

25 ‘‘(II) Any alien who, in boarding

26 a common carrier for the purpose of
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1 coming to the United States, presents

2 a document that relates or purports to

3 relate to the alien’s eligibility to enter

4 the United States, and fails to present

5 such document to an immigration offi6 cer upon arrival at a port of entry

7 into the United States, is exclud8 able.’’.

9 (b) AVAILABILITY OF ASYLUM AND OTHER DISCRE10 TIONARY RELIEF.—

11 (1) Section 208 of the Immigration and Nation12 ality Act (8 U.S.C. 1158) is amended by adding at

13 the end the following new subsection:

14 ‘‘(e)(1) APPLICATION OF FRAUD EXCLUSION.—Not15 withstanding subsection (a) and except as provided in

16 paragraph (2), any alien who is excludable under section

17 212(a)(6)(C)(iii) or section 212(a)(7)(A)(i) may not apply

18 for or be granted asylum.

19 ‘‘(2) EXCEPTION.—The limitation under paragraph

20 (1) shall not apply if the action upon which the exclusion

21 is based was pursuant to direct departure from a country

22 in which (A) the alien has a credible fear of persecution,

23 or (B) there is a significant danger that the alien would

24 be returned to a country in which the alien would have

25 a credible fear of persecution.
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1 ‘‘(3) DEFINITION.—As used in this subsection, the

2 term ‘credible fear of persecution’ means (A) that it is

3 more probable than not that the statements made by the

4 alien in support of his or her claim are true, and (B) that

5 there is a significant possibility, in light of such state6 ments and of such other facts as are known to the officer

7 about country conditions, that the alien could establish eli8 gibility as a refugee within the meaning of section

9 101(a)(42)(A).’’.

10 (2) Section 212(c) of the Immigration and Na11 tionality Act (8 U.S.C. 1182(c)) is amended in the

12 third sentence by inserting before the period ‘‘or to

13 any alien who is excludable pursuant to section

14 212(a)(6)(C)(iii)’’.

15 SEC. 3. INSPECTION AND EXCLUSION BY IMMIGRATION OF16 FICERS.

17 Section 235(b) of the Immigration and Nationality

18 Act (8 U.S.C. 1225(b)) is amended to read as follows:

19 ‘‘(b) INSPECTION AND EXCLUSION BY IMMIGRATION

20 OFFICERS.—

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

22 alien who is seeking entry to the United States.

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

24 determines that an alien seeking entry—
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1 ‘‘(i)(I) is excludable under section

2 212(a)(6)(C)(iii), or

3 ‘‘(II) is excludable under section

4 212(a)(7)(A)(i),

5 ‘‘(ii) does not have any reasonable basis for

6 legal entry into the United States, and

7 ‘‘(iii) does not indicate an intention to

8 apply for asylum under section 208,

9 the alien shall be specially excluded from entry into

10 the United States without a hearing.

11 ‘‘(B) The examining immigration officer shall

12 refer to an immigration officer, specially trained to

13 conduct interviews and make determinations bearing

14 on eligibility for asylum, any alien who is (i) exclud15 able under section 212(a)(6)(C)(iii) or section

16 212(a)(7)(A) (i) and (ii) who has indicated an inten17 tion to apply for asylum. Such an alien shall not be

18 considered to have entered the United States for

19 purposes of this Act.

20 ‘‘(C) An alien under subparagraph (B) who is

21 determined by an immigration officer, specially

22 trained to conduct interviews and make determina23 tions bearing on eligibility for asylum, to be exclud24 able and ineligible for the exception under section
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1 208(e)(2), shall be specially excluded and deported

2 from the United States without further hearing.

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

4 (B), if the examining immigration officer determines

5 that an alien seeking entry is not clearly and beyond

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

7 for a hearing before an immigration judge.

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

9 not apply—

10 ‘‘(i) to an alien crewman,

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

12 (2)(A) or (2)(C), or

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

14 273(d) exist.

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

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

17 shall be subject to challenge by any other immigra18 tion officer and such challenge shall operate to take

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

20 before an immigration judge for a hearing on exclu21 sion of the alien.

22 ‘‘(5) The Attorney General shall establish pro23 cedures that ensure that aliens are not specially ex24 cluded under paragraph (2)(A) without an inquiry
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1 into their reasons for seeking entry into the United

2 States.

3 ‘‘(6)(A) Subject to subparagraph (B), an alien

4 has not entered the United States for purposes of

5 this Act unless and until such alien has been in6 spected and admitted by an immigration officer pur7 suant to this subsection.

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

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

10 the United States for a continuous period of one

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

12 by an immigration officer may be said to have en13 tered the United States without inspection. Such an

14 alien is subject to deportation pursuant to section

15 241(a)(1)(B).’’.

16 SEC. 4. JUDICIAL REVIEW.

17 Section 235 of the Immigration and Nationality Act

18 (8 U.S.C. 1225) (as amended by section 3) is amended

19 by adding after subsection (c) the following new sub20 sections:

21 ‘‘(d) HABEAS CORPUS REVIEW.—Notwithstanding

22 any other provision of law, no court shall have jurisdiction

23 to review, except by petition for habeas corpus, any deter24 mination made with respect to an alien found excludable

25 pursuant to section 212(a)(6)(C)(iii) or section
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1 212(a)(7)(A)(i). In any such case, review by habeas corpus

2 shall be limited to examination of whether the petitioner

3 (1) is an alien, and (2) was ordered excluded from the

4 United States pursuant to section 235(b)(2).

5 ‘‘(e) OTHER LIMITS ON JUDICIAL REVIEW AND AC6 TION.—Notwithstanding any other provision of law, no

7 court shall have jurisdiction (1) to review the procedures

8 established by the Attorney General for the determination

9 of exclusion pursuant to section 212(a)(6)(C)(iii) or sec10 tion 212(a)(7)(A)(i), or (2) to enter declaratory or injunc11 tive relief with respect to the implementation of subsection

12 (b)(2). Regardless of the nature of the suit or claim, no

13 court shall have jurisdiction except by habeas corpus peti14 tion as provided in subsection (d) to consider the validity

15 of any adjudication or determination of special exclusion

16 or to provide declaratory or injunctive relief with respect

17 to the special exclusion of any alien.

18 ‘‘(f) COLLATERAL ENFORCEMENT PROCEEDINGS.—

19 In any action brought for the assessment of penalties for

20 improper entry or re-entry of an alien under section 275

21 or 276, no court shall have jurisdiction to hear claims col22 laterally attacking the validity of orders of exclusion, spe23 cial exclusion, or deportation entered under sections 235,

24 236, and 242.’’.
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1 SEC. 5. CONFORMING AMENDMENTS.

2 Section 237(a) of the Immigration and Nationality

3 Act (8 U.S.C. 1227(a)) is amended—

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

5 striking out ‘‘Deportation’’ and inserting in lieu

6 thereof ‘‘Subject to section 235(b)(2), deportation’’;

7 and

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

9 striking out ‘‘If’’ and inserting in lieu thereof ‘‘Sub10 ject to section 235(b)(2), if’’.

11 SEC. 6. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUG12 GLING.

13 Section 274(a)(1) of the Immigration and Nationality

14 Act (8 U.S.C. 1324(a)(1)) is amended by striking ‘‘five

15 years’’ and inserting ‘‘ten years’’.

16 SEC. 7. EFFECTIVE DATE.

17 Except as otherwise provided, the amendments made

18 by this Act shall take effect on the date of the enactment

19 of this Act and shall apply to aliens who arrive in or seek

20 admission to the United States on or after such date.

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