II

104TH CONGRESS

1ST SESSION S. 759

To amend the Immigration and Nationality Act to limit the adjustment

of status of aliens who are unlawfully residing in the United States.

IN THE SENATE OF THE UNITED STATES

MAY 4 (legislative day, MAY 1), 1995

Mr. BRADLEY (for himself and Mr. HOLLINGS) introduced the following bill;

which was read twice and referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to limit

the adjustment of status of aliens who are unlawfully

residing in the United States.

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 Enforcement Act of 1995’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:

8 (1) The Government of the United States has

9 failed to curb the influx of undocumented aliens into

10 the United States.
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1 (2) The social and economic costs of illegal im2 migration create a backlash against legal immigrants

3 and citizens of different ethnic backgrounds.

4 (3) The primary magnet for illegal aliens is

5 work.

6 (4) Existing law contains provisions to prevent

7 the employment of undocumented aliens.

8 (5) Properly enforced, these provisions could re9 duce employment opportunities for illegal immi10 grants and thereby reduce the incentive for illegal

11 immigration.

12 (6) With proper enforcement and employer edu13 cation, the employer sanctions laws should not result

14 in employment discrimination.

15 (7) However, these laws are not now adequately

16 enforced.

17 (8) This is in part because Immigration and

18 Naturalization Service inspectors have other, legisla19 tively mandated, priorities that have first call on

20 their limited resources.

21 (9) Many illegal immigrants adjust their status

22 to become legal residents.

23 (10) This prospect is another encouragement to

24 illegal immigration.
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1 (11) Statistics show that approximately one-half

2 of all illegal aliens living in the United States ar3 rived legally on nonimmigrant visas, then failed to

4 depart.

5 (12) The Immigration and Naturalization Serv6 ice (INS) is currently unable to identify or locate

7 such visa overstayers in a systematic fashion.

8 SEC. 3. ENFORCEMENT OF EMPLOYER SANCTIONS.

9 (a) ESTABLISHMENT OF NEW OFFICE.—There shall

10 be in the Immigration and Naturalization Service of the

11 Department of Justice an Office for the Enforcement of

12 Employer Sanctions (in this section referred to as the

13 ‘‘Office’’).

14 (b) FUNCTIONS.—The functions of the Office estab15 lished under subsection (a) shall be—

16 (1) to investigate and prosecute violations of

17 section 274A(a) of the Immigration and Nationality

18 Act (8 U.S.C. 1324a(a)); and

19 (2) to educate employers on the requirements of

20 the law and in other ways as necessary to prevent

21 employment discrimination.

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated to the Attorney General

24 $100,000,000 to carry out the functions of the Office es25 tablished under subsection (a).
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1 SEC. 4. LIMITATION ON ADJUSTMENT OF STATUS.

2 Section 245(c) of the Immigration and Nationality

3 Act (8 U.S.C. 1255(c)) is amended—

4 (1) by striking ‘‘or (4)’’ and inserting ‘‘(4)’’;

5 and

6 (2) by inserting before the period at the end the

7 following: ‘‘(5) any alien who seeks adjustment of

8 status as an employment-based immigrant; or (6)

9 any alien who was employed while the alien was an

10 unauthorized alien, as defined in section 274(h)(3)’’.

11 SEC. 5. MONITORING OF OVERSTAYS.

12 The Attorney General shall develop an entry and exit

13 data base that will permit the Attorney General to identify

14 lawfully admitted nonimmigrants who overstay their visas.

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