I

103D CONGRESS

1ST SESSION H. R. 1078

To improve immigration law enforcement.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 24, 1993

Mr. GALLEGLY (for himself, Mr. SENSENBRENNER, Mr. HYDE, Mr. HUNTER,

Mr. OXLEY, Mr. STUMP, Mr. BAKER of Louisiana, Mr. DOOLITTLE, Mr.

ROHRABACHER, Mr. MOORHEAD, Mr. DREIER, Mr. MCKEON, Mr.

STEARNS, Mr. ARCHER, Mr. CUNNINGHAM, Mr. LEWIS of California, Mr.

MCCANDLESS, Mr. DORNAN, Mr. WELDON, Mr. ROYCE, Mr. BARTON of

Texas, Mr. PACKARD, Mr. GORDON, Mr. SMITH of Texas, Mr. HEFLEY,

Mr. MCCOLLUM, Mr. HANCOCK, Mr. HERGER, Mr. CALVERT, Mr. HORN,

Mr. KYL, Mr. POMBO, and Mr. COX) introduced the following bill; which

was referred jointly to the Committees on the Judiciary, Education and

Labor, and Foreign Affairs

A BILL

To improve immigration law enforcement.

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 ‘‘Improved Immigration

5 Law Enforcement Act of 1993’’.
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1 SEC. 2. INCREASED PERSONNEL LEVELS OF THE BORDER

2 PATROL.

3 The number of full-time positions in the Border Pa4 trol of the Department of Justice for fiscal year 1994 shall

5 be increased to 6,600.

6 SEC. 3. INCREASED FUNDING FOR THE BORDER PATROL.

7 In addition to funds otherwise available for such pur8 poses, there are authorized to be appropriated to the At9 torney General $50,000,000 for the fiscal year 1993,

10 which amount shall be available only for equipment, sup11 port services, and initial training for the Border Patrol.

12 Funds appropriated pursuant to this section are author13 ized to remain available until expended.

14 SEC. 4. INSERVICE TRAINING FOR THE BORDER PATROL.

15 (a) REQUIREMENT.—Section 103 of the Immigration

16 and Nationality Act (8 U.S.C. 1103) is amended by add17 ing at the end the following new subsection:

18 ‘‘(e)(1) The Attorney General shall continue to pro19 vide for such programs of inservice training for full-time

20 and part-time personnel of the Border Patrol in contact

21 with the public as will familiarize the personnel with the

22 rights and varied cultural backgrounds of aliens and citi23 zens in order to ensure and safeguard the constitutional

24 and civil rights, personal safety, and human dignity of all

25 individuals, aliens as well as citizens, within the jurisdic-
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1 tion of the United States with whom they have contact

2 in their work.

3 ‘‘(2) The Attorney General shall provide that the an4 nual report of the Service include a description of steps

5 taken to carry out paragraph (1).’’.

6 (b) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated to the Attorney General

8 $1,000,000 for fiscal year 1994 to carry out the inservice

9 training described in section 103(e) of the Immigration

10 and Nationality Act. The funds appropriated pursuant to

11 this subsection are authorized to remain available until ex12 pended.

13 SEC. 5. INCREASE IN I.N.S. SUPPORT PERSONNEL.

14 In order to provide support for the increased person15 nel levels of the border patrol authorized in section 2, the

16 number of full-time support positions for investigation, de17 tention and deportation, intelligence, information and

18 records, legal proceedings, and management and adminis19 tration in the Immigration and Naturalization Service

20 shall be increased by 580 positions above the number of

21 equivalent positions as of September 30, 1992.

22 SEC. 6. STRENGTHENED ENFORCEMENT OF WAGE AND

23 HOUR LAWS.

24 (a) IN GENERAL.—The number of full-time positions

25 in the Wage and Hour Division with the Employment
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1 Standards Administration of the Department of Labor for

2 the fiscal year 1994 shall be increased by 250 positions

3 above the number of equivalent positions available to the

4 Wage and Hour Division as of September 30, 1992.

5 (b) ASSIGNMENT.—Individuals employed to fill the

6 additional positions described in subsection (a) shall be as7 signed to investigate violations of wage and hour laws in

8 areas where the Attorney General has notified the Sec9 retary of Labor that there are high concentrations of un10 documented aliens.

11 SEC. 7. STRENGTHENED ENFORCEMENT OF THE EM12 PLOYER SANCTIONS PROVISIONS.

13 (a) IN GENERAL.—The number of full-time positions

14 in the Investigations Division within the Immigration and

15 Naturalization Service of the Department of Justice for

16 the fiscal year 1994 shall be increased by 250 positions

17 above the number of equivalent positions available to such

18 Division as of September 30, 1992.

19 (b) ASSIGNMENT.—Individuals employed to fill the

20 additional positions described in subsection (a) shall be as21 signed to investigate violations of the employer sanctions

22 provisions contained in section 274A of the Immigration

23 and Nationality Act, including investigating reports of vio24 lations received from officers of the Employment Stand25 ards Administration of the Department of Labor.
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1 SEC. 8. INCREASED NUMBER OF ASSISTANT UNITED

2 STATES ATTORNEYS.

3 (a) IN GENERAL.—The number of Assistant United

4 States Attorneys that may be employed by the Depart5 ment of Justice for the fiscal year 1994 shall be increased

6 by 21 above the number of Assistant United States Attor7 neys that could be employed as of September 30, 1992.

8 (b) ASSIGNMENT.—Individuals employed to fill the

9 additional positions described in subsection (a) shall be

10 specially trained to be used for the prosecution of persons

11 who bring into the United States or harbor illegal aliens,

12 fraud, and other criminal statutes involving illegal aliens.

13 SEC. 9. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUG14 GLING.

15 Subsection 274(a) of the Immigration and National16 ity Act (8 U.S.C. 1324(a)) is amended—

17 (1) in paragraph (1), by striking ‘‘five years’’

18 and inserting ‘‘10 years (or 20 years in the case of

19 an offense described in paragraph (3))’’, and

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

21 paragraph:

22 ‘‘(3) For purposes of paragraph (1), an offense

23 described in this paragraph if—

24 ‘‘(A) the offense involves 5 or more aliens;

25 ‘‘(B) the offense involves other criminal ac26 tivity;
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1 ‘‘(C) one or more of the aliens referred to

2 in paragraph (1) were under the age of 18 at

3 the time of the offense and the offense was

4 committed either for the purpose of illegal

5 adoption or for the purpose of sexual or com6 mercial exploitation; or

7 ‘‘(D) the offense involves the dangerous,

8 inhumane treatment, or death of, or serious

9 bodily injury to, an alien referred to in para10 graph (1).’’.

11 SEC. 10. CHANGES IN CRIMINAL PENALTIES FOR BRINGING

12 IN ALIENS.

13 Section 274 of the Immigration and Nationality Act

14 (8 U.S.C. 1324) is amended—

15 (1) in subsection (a)(2), by inserting before the

16 period at the end thereof the following: ‘‘, except

17 that a person who commits an offense under sub18 paragraph (B)(ii) shall be fined in accordance with

19 that title, or imprisoned not more than 10 years, or

20 both’’, and

21 (2) by adding at the end thereof the following

22 new subsection:

23 ‘‘(d) For purposes of this section, the mere employ24 ment of an individual (including the usual and normal
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1 practices incident to employment) by itself shall not be

2 deemed to constitute harboring.’’.

3 SEC. 11. NEGOTIATIONS WITH MEXICO AND CANADA.

4 It is the sense of the Congress that—

5 (1) the Attorney General, jointly with the Sec6 retary of State, should initiate discussions with Mex7 ico and Canada to establish formal bilateral pro8 grams with those countries to prevent and to pros9 ecute the smuggling of undocumented aliens into the

10 United States;

11 (2) not later than one year after the date of en12 actment of this Act, the Attorney General shall re13 port to the Congress the progress made in establish14 ing such programs; and

15 (3) in any such program established under this

16 Act, major emphasis should be placed on deterring

17 and prosecuting persons involved in the organized

18 and continued smuggling of undocumented aliens.

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