II

104TH CONGRESS

1ST SESSION S. 754

To amend the Immigration and Nationality Act to more effectively prevent

illegal immigration by improving control over the land borders of the

United States, preventing illegal employment of aliens, reducing procedural delays in removing illegal aliens from the United States, providing

wiretap and asset forfeiture authority to combat alien smuggling and

related crimes, increasing penalties for bringing aliens unlawfully into

the United States, and making certain miscellaneous and technical

amendments, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 3 (legislative day, MAY 1), 1995

Mr. KENNEDY (for himself, Mr. SIMON, and Mrs. BOXER) 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 more

effectively prevent illegal immigration by improving control over the land borders of the United States, preventing illegal employment of aliens, reducing procedural

delays in removing illegal aliens from the United States,

providing wiretap and asset forfeiture authority to combat alien smuggling and related crimes, increasing penalties for bringing aliens unlawfully into the United

States, and making certain miscellaneous and technical

amendments, and for other purposes.
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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 ‘‘Immigration Enforce5 ment Improvements Act of 1995’’.

6 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—BORDER ENFORCEMENT

Sec. 101. Authorization for border control strategies.

Sec. 102. Border Patrol expansion.

Sec. 103. Land border inspection enhancements.

Sec. 104. Increased penalties for failure to depart, illegal reentry, and passport

and visa fraud.

Sec. 105. Pilot program on interior repatriation of deportable or excludable

aliens.

Sec. 106. Special exclusion in extraordinary migration situations.

Sec. 107. Immigration emergency provisions.

Sec. 108. Commuter lane pilot programs.

TITLE II—CONTROL OF UNLAWFUL EMPLOYMENT AND

VERIFICATION

Sec. 201. Reducing the number of employment verification documents.

Sec. 202. Employment verification pilot projects.

Sec. 203. Confidentiality of data under employment eligibility verification pilot

projects.

Sec. 204. Collection of social security numbers.

Sec. 205. Employer sanctions penalties.

Sec. 206. Criminal penalties for document fraud.

Sec. 207. Civil penalties for document fraud.

Sec. 208. Subpoena authority.

Sec. 209. Increased penalties for employer sanctions involving labor standards

violations.

Sec. 210. Increased civil penalties for unfair immigration-related employment

practices.

Sec. 211. Retention of employer sanctions fines for law enforcement purposes.

Sec. 212. Telephone verification system fee.

Sec. 213. Authorizations.

TITLE III—ILLEGAL ALIEN REMOVAL

Sec. 301. Civil penalties for failure to depart.

Sec. 302. Judicial deportation.

Sec. 303. Conduct of proceedings by electronic means.
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Sec. 304. Subpoena authority.

Sec. 305. Stipulated exclusion and deportation.

Sec. 306. Streamlining appeals from orders of exclusion and deportation.

Sec. 307. Sanctions against countries refusing to accept deportation of their

nationals.

Sec. 308. Custody of aliens convicted of aggravated felonies.

Sec. 309. Limitations on relief from exclusion and deportation.

Sec. 310. Rescission of lawful permanent resident status.

Sec. 311. Increasing efficiency in removal of detained aliens.

TITLE IV—ALIEN SMUGGLING CONTROL

Sec. 401. Wiretap authority for investigations of alien smuggling and document

fraud.

Sec. 402. Applying racketeering offenses to alien smuggling.

Sec. 403. Expanded asset forfeiture for smuggling or harboring aliens.

Sec. 404. Increased criminal penalties for alien smuggling.

Sec. 405. Undercover investigation authority.

Sec. 406. Amended definition of aggravated felony.

TITLE V—INSPECTIONS AND ADMISSIONS

Sec. 501. Civil penalties for bringing inadmissible aliens from contiguous territories.

Sec. 502. Definition of stowaway; excludability of stowaway; carrier liability for

costs of detention.

Sec. 503. List of alien and citizen passengers arriving or departing.

Sec. 504. Eliminiation of limitations on immigration user fees for certain cruise

ship passengers.

Sec. 505. Transportation line responsibility for transmit without visa aliens.

Sec. 506. Authority to determine visa processing procedures.

Sec. 507. Border services user fee.

TITLE VI—MISCELLANEOUS AND TECHNICAL AMENDMENTS

Sec. 601. Alien prostitution.

Sec. 602. Grants to states for medical assistance to underdocumented immigrants.

Sec. 603. Technical corrections to Violent Crime Control Act and Technical

Corrections Act.

Sec. 604. Expeditious deportation.

Sec. 605. Authorization for use of volunteers.

1 TITLE I—BORDER ENFORCEMENT

2 SEC. 101. AUTHORIZATION FOR BORDER CONTROL STRATE3 GIES.

4 There are authorized to be appropriated to the De5 partment of Justice such funds as may be necessary to

6 provide for expansion of efforts to prevent illegal immigra-
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1 tion through direct deterrance at the land borders of the

2 United States.

3 SEC. 102. BORDER PATROL EXPANSION.

4 The Attorney General, in each of fiscal years 1996,

5 1997, and 1998, shall increase to the maximum extent

6 feasible and consistent with standards of professionalism

7 and training requirements, the number of full time, active8 duty Border Patrol agents by no fewer than 700, above

9 the number of such agents on duty at the end of fiscal

10 year 1995, as well as hire an appropriate number of per11 sonnel needed to support these agents.

12 SEC. 103. LAND BORDER INSPECTION ENHANCEMENTS.

13 To eliminate undue delay in the thorough inspection

14 of persons and vehicles lawfully attempting to enter the

15 United States, the Attorney General, subject to appropria16 tion or availability of funds in the Border Services User

17 Fee Account, shall increase in fiscal years 1996 and 1997

18 the number of full time land border inspectors assigned

19 to active duty by the Immigration and Naturalization

20 Service to a level adequate to assure full staffing of all

21 border crossing lanes now in use, under construction, or

22 whose construction has been authorized by Congress.
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1 SEC. 104. INCREASED PENALTIES FOR FAILURE TO DE2 PART, ILLEGAL REENTRY, AND PASSPORT

3 AND VISA FRAUD.

4 (a) The United States Sentencing Commission shall

5 promptly promulgate, pursuant to section 994 of title 28,

6 United States Code, amendments to the sentencing guide7 lines to make appropriate increases in the base offense lev8 els for offenses under section 242(e) and 276(b) of the

9 Immigration and Nationality Act (8 U.S.C. 1252(e) and

10 1326(b)) to reflect the amendments made by section

11 13001 of the Violent Crime Control and Law Enforcement

12 Act of 1994 (Public Law 103–322, 108 Stat. 1796, 2023

13 September 13, 1994).

14 (b) The United States Sentencing Commission shall

15 promptly promulgate, pursuant to section 994 of title 28,

16 United States Code, amendments to the sentencing guide17 lines to make appropriate increases in the base offense lev18 els for offenses under sections 1541–1546 of title 18,

19 United States Code, to reflect the amendments made by

20 section 130009 of the Violent Crime Control and Law En21 forcement Act of 1994, Public Law 103–322, 108 Stat.

22 1796, 2030 (September 13, 1994).

23 SEC. 105. PILOT PROGRAM ON INTERIOR REPATRIATION

24 OF DEPORTABLE OR EXCLUDABLE ALIENS.

25 (a) ESTABLISHMENT.—Not later than 180 days after

26 the date of enactment of this Act, the Attorney General,
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1 after consultation with the Secretary of State, may estab2 lish a pilot program for up to two years which provides

3 for interior repatriation and other disincentives for mul4 tiple unlawful entries into the United States.

5 (b) REPORT.—If the Attorney General establishes

6 such a pilot program, not later than 3 years after the date

7 of enactment of this Act, the Attorney General, together

8 with the Secretary of State, shall submit a report to the

9 Committees on the Judiciary of the House of Representa10 tives and of the Senate on the operation of the pilot pro11 gram under this section and whether the pilot program

12 or any part thereof should be extended or made perma13 nent.

14 SEC. 106. SPECIAL EXCLUSION IN EXTRAORDINARY MIGRA15 TION SITUATIONS.

16 Section 235 of the Immigration and Nationality Act

17 (8 U.S.C. 1225) is amended—

18 (a) in subsection (b), by inserting at the end

19 the following sentence: ‘‘If the alien has arrived from

20 a foreign territory contiguous to the United States,

21 either at a land port of entry or on the land of the

22 United States other than at a designated port of

23 entry, the alien may be returned to that territory

24 pending the inquiry.’’; and
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1 (b) by adding at the end the following new sub2 sections (d) and (e):

3 ‘‘(d) SPECIAL EXCLUSION FOR EXTRAORDINARY MI4 GRATION SITUATIONS.—

5 ‘‘(1) Notwithstanding the provisions of section

6 (b) of this section and of section 236, the Attorney

7 General under the circumstances described in sub8 paragraphs (A) or (B) may, without referral to an

9 immigration judge, order the exclusion and deporta10 tion of an alien who appears to an examining immi11 gration officer to be excludable. The Attorney Gen12 eral shall by regulation establish a procedure for

13 special orders of exclusion and deportation under

14 this subsection when, in the case of an alien who is,

15 or aliens who are excludable under section 212(a)—

16 ‘‘(A) The Attorney General determines

17 that the numbers or circumstances of aliens en

18 route to or arriving in the United States, in19 cluding by aircraft, present an extraordinary

20 migration situation; or

21 ‘‘(B) The alien—

22 ‘‘(i) is brought or escorted under the

23 authority of the United States into the

24 United States, having been on board a ves25 sel encountered outside of the territorial
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1 waters of the United States by officers of

2 the United States;

3 ‘‘(ii) is brought or escorted under the

4 authority of the United States to a port of

5 entry, having been on board a vessel en6 countered within the territorial sea or in7 ternal waters of the United States; or

8 ‘‘(iii) has arrived on a vessel trans9 porting aliens to the United States without

10 such alien having received prior official au11 thorization to come to, enter, or reside in

12 the United States.

13 The judgment whether there exists an extraordinary

14 migration situation within the meaning of (A) or

15 whether to invoke the provisions of (B) is committed

16 to the sole and exclusive discretion of the Attorney

17 General: Provided, That the provisions of this sub18 section may be invoked by the Attorney General

19 under subparagraph (A) for a period not to exceed

20 ninety days, unless, within such ninety-day period or

21 extension thereof, the Attorney General determines,

22 after consultation with the Committees on the Judi23 ciary of the Senate and the House of Representa24 tives, that an extraordinary migration situation con-
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1 tinues to warrant such procedures remaining in

2 place for an additional ninety-day period.

3 ‘‘(2) As used in this section, ‘extraordinary mi4 gration situation’ means the arrival or imminent ar5 rival in the United States or its territorial waters of

6 aliens who by their numbers or circumstances sub7 stantially exceed the capacity for the inspection and

8 examination of such aliens.

9 ‘‘(3) When the Attorney General determines to

10 invoke the provisions of paragraph (1), the Attorney

11 General may, pursuant to this section and sections

12 235(e) and 106(f), suspend the normal operation of

13 immigration regulations regarding the inspection

14 and exclusion of aliens.

15 ‘‘(4) No alien may be ordered specially excluded

16 under paragraph (1) if—

17 ‘‘(A) such alien is eligible to seek and

18 seeks asylum under section 208; and

19 ‘‘(B) the Attorney General determines that

20 such alien has a credible fear of persecution on

21 account of race, religion, nationality, member22 ship in a particular social group, or political

23 opinion, in the country of such person’s nation24 ality, or in the case of a person having no na-
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1 tionality, the country in which such person last

2 habitually resided.

3 The Attorney General may by regulation provide

4 that, notwithstanding this paragraph, an alien may

5 be returned to a country where the alien does not

6 have a credible fear of persecution or of return to

7 persecution. As used herein, the term ‘credible fear

8 of persecution’ means that—

9 ‘‘(A) there is a substantial likelihood that

10 the statements made by the alien in support of

11 his or her claim are true; and

12 ‘‘(B) in light of such statements and coun13 try conditions, the alien has a reasonable possi14 bility of establishing eligibility as a refugee

15 within the meaning of section 101(a)(42)(A).

16 An alien determined to have a credible fear of

17 persecution shall be taken before an immigra18 tion judge for a hearing in accordance with sec19 tion 236.

20 ‘‘(5) Notwithstanding the provisions of para21 graph (4), the Attorney General may provide that an

22 application for asylum made by an alien arriving in

23 the United States under the circumstances described

24 in subparagraph (A) of paragraph (1) be considered

25 pursuant to section 208 and any regulations promul-
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1 gated thereunder for applications considered pursu2 ant to this paragraph: Provided, however, That an

3 alien not granted asylum is subject to a special order

4 of exclusion under paragraph (1).

5 ‘‘(6) A special exclusion order entered in ac6 cordance with the provisions of this subsection is not

7 subject to administrative appeal, except that the At8 torney General shall provide by regulation for—

9 ‘‘(A) prompt review of such an order

10 against an applicant who appears to have been

11 lawfully admitted for permanent residence; and

12 ‘‘(B) prompt review of such an order en13 tered against an alien physically present in the

14 United States who has sought asylum under

15 section 208 and was determined not to have a

16 credible fear of persecution under paragraph

17 (4). Such review shall be conducted by an offi18 cer or officers of the Department of Justice

19 specially trained in asylum and refugee law.

20 ‘‘(7) A special exclusion order shall have the

21 same effect as if the alien had been ordered excluded

22 and deported pursuant to section 236, except that

23 judicial review of such an order shall be available

24 only under section 106(f).
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1 ‘‘(8) Nothing in this subsection shall be re2 garded as requiring a hearing before an immigration

3 judge in the case of an alien crewman or alien stow4 away.

5 ‘‘(e) NO COLLATERAL ATTACK.—In any action

6 brought for the assessment of penalties for improper entry

7 or reentry of an alien under section 275 and 276 of the

8 Immigration and Nationality Act, no court shall have ju9 risdiction to hear claims attacking the validity of orders

10 of special exclusion entered under this section.’’.

11 SEC. 107. IMMIGRATION EMERGENCY PROVISIONS.

12 (a) REIMBURSEMENT OF FEDERAL AGENCIES FROM

13 IMMIGRATION EMERGENCY FUND.—Section 404(b) of the

14 Immigration and Nationality Act (8 U.S.C. 1101 note) is

15 amended—

16 (1) in paragraph (1) after ‘‘paragraph (2)’’ by

17 replacing ‘‘and’’ with ‘‘,’’, striking ‘‘State’’, inserting

18 ‘‘other Federal agencies and States’’, inserting ‘‘and

19 for the costs associated with repatriation of aliens

20 attempting to enter the United States illegally,

21 whether apprehended within or outside the terri22 torial sea of the United States’’ before ‘‘except’’, and

23 by adding the following language at the end of para24 graph (1): ‘‘Provided, That the fund may be used for

25 the costs of such repatriations without the require-
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1 ment for a determination by the President that an

2 immigration emergency exists.’’; and

3 (2) in paragraph (2)(A), by inserting ‘‘to Fed4 eral agencies providing support to the Department

5 of Justice or’’ after ‘‘available’’.

6 (b) VESSEL MOVEMENT CONTROLS.—Section 191 of

7 title 50, United States Code, is amended by inserting ‘‘or

8 whenever the Attorney General determines that an actual

9 or anticipated mass migration of aliens en route to or ar10 riving off the coast of the United States presents urgent

11 circumstances requiring an immediate Federal response,’’

12 after ‘‘United States,’’ the first time it appears.

13 (c) DELEGATION OF IMMIGRATION ENFORCEMENT

14 AUTHORITY.—Section 103 of the Immigration and Na15 tionality Act (8 U.S.C. 1103) is amended by adding at

16 the end of subsection (a) a new sentence to read as follows:

17 ‘‘In the event the Attorney General determines that an

18 actual or imminent mass influx of aliens arriving off the

19 coast of the United States presents urgent circumstances

20 requiring an immediate Federal response, the Attorney

21 General may authorize, with the consent of the head of

22 the department, agency, or establishment under whose ju23 risdiction the individual is serving, any specially des24 ignated State or local law enforcement officer to perform

25 or exercise any of the powers, privileges, or duties con-
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1 ferred or imposed by this Act or regulations issued there2 under upon officers or employees of the Service.’’.

3 SEC. 108. COMMUTER LANE PILOT PROGRAMS.

4 (a) Section 286(q) of the Immigration and National5 ity Act (8 U.S.C. 1356) is amended—

6 (1) in paragraph (1), by striking ‘‘a project’’

7 and inserting ‘‘projects’’;

8 (2) in paragraph (1), by striking ‘‘Such

9 project’’ and inserting ‘‘Such projects’’; and

10 (3) by striking paragraph (5).

11 (b) The Departments of Commerce, Justice, and

12 State, the Judiciary, and Related Agencies Appropriation

13 Act, 1994 (Public Law 103–121, 107 Stat. 1161) is

14 amended by striking the fourth proviso under the heading

15 ‘‘Immigration and Naturalization Service, Salaries and

16 Expenses’’.

17 TITLE II—CONTROL OF UNLAWFUL

18 EMPLOYMENT AND VERIFICATION

19 SEC. 201. REDUCING THE NUMBER OF EMPLOYMENT VER20 IFICATION DOCUMENTS.

21 (a) PROVISION OF SOCIAL SECURITY ACCOUNT NUM22 BERS.—Section 274A of the Immigration and Nationality

23 Act (8 U.S.C. 1324a) is amended by adding at the end

24 of subsection (b)(2) a new sentence to read as follows:

25 ‘‘The Attorney General is authorized to require an individ-
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1 ual to provide on the form described in subsection

2 (b)(1)(A) that individual’s Social Security account number

3 for purposes of complying with this section.’’.

4 (b) CHANGES IN ACCEPTABLE DOCUMENTATION FOR

5 EMPLOYMENT AUTHORIZATION AND IDENTITY.—Section

6 274A(b)(1) of the Immigration and Nationality Act (8

7 U.S.C. 1324a(b)(1)) is amended—

8 (1) in subparagraph (B)—

9 (A) by striking clauses (ii), (iii), and (iv)

10 and redesignating clause (v) as clause (ii),

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

12 ‘‘or’’, and

13 (C) in redesignated clause (ii), by revising

14 the introductory text to read as follows:

15 ‘‘(ii) resident alien card, alien reg16 istration card, or other document des17 ignated by regulation by the Attorney Gen18 eral, if the document—’’; and

19 (D) in redesignated clause (ii) by striking

20 the period after subclause (II) and by adding a

21 new subclause (III) to read as follows:

22 ‘‘(III) and contains appropriate

23 security features.’’ and

24 (2) in subparagraph (C)—
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1 (A) by inserting ‘‘or’’ after the ‘‘;’’ at the

2 end of clause (i),

3 (B) by striking clause (ii), and

4 (C) by redesignating clause (iii) as clause

5 (ii).

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

7 subsections (a) and (b) shall apply with respect to hiring

8 (or recruiting or referring) occurring on or after such date

9 (not later than 180 days after the date of the enactment

10 of this Act) as the Attorney General shall designate.

11 SEC. 202. EMPLOYMENT VERIFICATION PILOT PROJECTS.

12 (a) The Attorney General, together with the Commis13 sioner of Social Security, shall conduct pilot projects to

14 test methods to accomplish reliable verification of eligi15 bility for employment in the United States. The pilot

16 projects tested may include—

17 (1) an expansion of the telephone verification

18 system to include, by the end of fiscal year 1996,

19 participation by up to 1,000 employers;

20 (2) a process which allows employers to verify

21 the eligibility for employment of new employees

22 using Social Security Administration (SSA) records

23 and, if necessary, to conduct a cross-check using im24 migration and Naturalization Service (INS) records;
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1 (3) a simulated linkage of the electronic records

2 of the INS and the SSA to test the technical fea3 sibility of establishing a linkage between the actual

4 electronic records of the INS and the SSA; or

5 (4) improvements and additions to the elec6 tronic records of the INS and the SSA for the pur7 pose of using such records for verification of employ8 ment eligibility.

9 (b) The pilot projects referred to in subsection (a)

10 shall be conducted in such locations and with such number

11 of employers as is consistent with their pilot status.

12 (c) The pilot projects referred to in subsection (a)

13 shall begin not later than 12 months after the enactment

14 of this Act and may continue for a period of 3 years. Dur15 ing the pilot projects, the Attorney General shall track

16 complaints of discrimination arising from the administra17 tion or enforcement of the pilot projects. Not later than

18 60 days prior to the conclusion of this 3-year period, the

19 Attorney General shall submit to the Congress a report

20 on the pilot projects. The report shall include evaluations

21 of each of the pilot projects according to the following cri22 teria: cost effectiveness, technical feasibility, resistance to

23 fraud, protection of confidentiality and privacy, and pro24 tection against discrimination, and which projects, if any,

25 should be adopted.
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1 (d) Upon completion of the report required by sub2 section (c), the Attorney General is authorized to continue

3 implementation on a pilot basis for an additional period

4 of 1 year any or all of the pilot projects authorized in sub5 section (a). The Attorney General shall inform Congress

6 of a decision to exercise this authority not later than the

7 end of the 3-year period specified in subsection (c).

8 (e) Nothing in this section shall exempt the pilot

9 projects from any and all applicable civil rights laws, in10 cluding, but not limited to, section 102 of the Immigration

11 Reform and Control Act of 1986, as amended; title VII

12 of the Civil Rights Act of 1964, as amended; the Age Dis13 crimination in Employment Act of 1967, as amended; the

14 Equal Pay Act of 1963, as amended; and the Americans

15 with Disabilities Act of 1990, as amended.

16 (f) In conducting the pilot projects referred to in sub17 section (a), the Attorney General may require appropriate

18 notice to prospective employees concerning the employers’

19 participation in the pilot projects. Any notice should con20 tain information for filing complaints with the Attorney

21 General regarding operation of the pilot projects, includ22 ing discrimination in the hiring and firing of employees

23 and applicants on the basis of race, national origin, or citi24 zenship status.
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1 SEC. 203. CONFIDENTIALITY OF DATA UNDER EMPLOY2 MENT ELIGIBILITY VERIFICATION PILOT

3 PROJECTS.

4 (a) Any personal information obtained in connection

5 with a pilot project under section 202 may not be made

6 available to government agencies, employers, or other per7 sons except to the extent necessary—

8 (1) to verify that an employee is not an unau9 thorized alien (as defined in section 274a(h)(3) of

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

11 1324a(h)(3));

12 (2) to take other action required to carry out

13 section 202; or

14 (3) to enforce the Immigration and Nationality

15 Act (8 U.S.C. 1101 et seq.) or sections 911, 1001,

16 1028, 1546, or 1621 of title 18, United States Code.

17 (b) No employer may participate in a pilot project

18 under section 202 unless the employer has in place such

19 procedures as the Attorney General shall require—

20 (1) to safeguard all personal information from

21 unauthorized disclosure and condition redisclosure of

22 such information to any person or entity upon its

23 agreement also to safeguard such information; and

24 (2) to provide notice to all individuals of the

25 right to request an agency to correct or amend the
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1 individual’s record and the steps to follow to make

2 such a request.

3 (c)(1) Any person who is a United States citizen,

4 United States national, lawful permanent resident, or

5 other employment authorized alien, and who is subject to

6 work authorization verification under section 202 shall be

7 considered an individual under section 552a(a)(2) of title

8 5, United States Code, but only with respect to records

9 covered by this section.

10 (2) For purposes of this section, a record shall mean

11 an item, collection, or grouping of information about an

12 individual that is created, maintained, or used by a Fed13 eral agency in the course of a pilot project under section

14 202 to make a final determination concerning an individ15 ual’s authorization to work in the United States, and that

16 contains the individual’s name or identifying number,

17 symbol, or other identifying particular assigned to the in18 dividual.

19 (d) Whenever an employer or other person willfully

20 and knowingly—

21 (1) discloses or uses information for a purpose

22 other than those permitted under subsection (a), or

23 (2) fails to comply with a requirement of the

24 Attorney General pursuant to subsection (b),
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1 after notice and opportunity for an administrative hearing

2 conducted by the Attorney General or the Commissioner

3 of Social Security, as appropriate, or by a designee, the

4 employer or other person shall be subject to a civil money

5 penalty of not less than $1,000 nor more than $10,000

6 for each violation. In determining the amount of the pen7 alty, consideration shall be given to the intent of the per8 son committing the violation, the impact of the violation,

9 and any history of previous violations by the person.

10 (e) Nothing in this section shall limit the rights and

11 remedies otherwise available to United States citizens and

12 lawful permanent residents under section 552a of title 5,

13 United States Code.

14 (f) Nothing in this section or in section 202 shall be

15 construed to authorize, directly or indirectly, the issuance

16 or use of national identification cards or the establishment

17 of a national identification card.

18 SEC. 204. COLLECTION OF SOCIAL SECURITY NUMBERS.

19 Section 264 of the Immigration and Nationality Act

20 (8 U.S.C. 1304) is amended by adding at the end a new

21 subsection (f) to read as follows:

22 ‘‘(f) Notwithstanding any other provision of law, the

23 Attorney General is authorized to require any alien to pro24 vide the alien’s Social Security account number for pur-
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1 poses of inclusion in any record of the alien maintained

2 by the Attorney General.’’.

3 SEC. 205. EMPLOYER SANCTIONS PENALTIES.

4 (a) INCREASED CIVIL MONEY PENALTIES FOR HIR5 ING, RECRUITING, AND REFERRAL VIOLATIONS.—Section

6 274A(e)(4)(A) of the Immigration and Nationality Act (8

7 U.S.C. 1324(e)(4)(A)) is amended—

8 (1) in clause (i), by striking ‘‘$250’’ and

9 ‘‘$2,000’’ and inserting ‘‘$1,000’’ and ‘‘$3,000’’, re10 spectively;

11 (2) in clause (ii) by striking ‘‘$2,000’’ and

12 $5,000’’ and inserting ‘‘$3,000’’ and ‘‘$8,000’’, re13 spectively; and

14 (3) in clause (iii), by striking ‘‘$3,000’’ and

15 ‘‘$10,000’’ and inserting ‘‘$8,000’’ and ‘‘$25,000’’,

16 respectively.

17 (b) INCREASED CIVIL MONEY PENALTIES FOR PA18 PERWORK VIOLATIONS.—Section 274A(e)(5) of the Immi19 gration and Nationality Act (8 U.S.C. 1324a(e)(5)) is

20 amended by striking ‘‘$100’’ and ‘‘$1,000’’ and inserting

21 ‘‘$200’’ and ‘‘$5,000’’, respectively.

22 (c) INCREASED CRIMINAL PENALTIES FOR PATTERN

23 OR PRACTICE VIOLATIONS.—Section 274A(f)(1) of the

24 Immigration and Nationality Act (8 U.S.C. 1324a(f)(1))

25 is amended by inserting the phrase ‘‘guilty of a felony and
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1 shall be’’ immediately after the phrase ‘‘subsection

2 (a)(1)(A) or (a)(2).’’ Section 274A(f)(1) of such Act is

3 further amended by striking ‘‘$3,000’’ and ‘‘six months’’

4 and inserting ‘‘$7,000’’ and ‘‘two years’’, respectively.

5 SEC. 206. CRIMINAL PENALTIES FOR DOCUMENT FRAUD.

6 (a) FRAUD AND MISUSE OF GOVERNMENT-ISSUED

7 IDENTIFICATION DOCUMENTS.—Section 1028(b)(1) of

8 title 18, United States Code, is amended by striking ‘‘five

9 years’’ and inserting ‘‘10 years’’ and by adding at the end

10 the following new provision: ‘‘Notwithstanding any other

11 provision of this title, the maximum term of imprisonment

12 that may be imposed for an offense under this section—

13 ‘‘(1) if committed to facilitate a drug traffick14 ing crime (as defined in 929(a)) is 15 years; and

15 ‘‘(2) if committed to facilitate an act of inter16 national terrorism (as defined in section 2331) is 20

17 years.’’.

18 (b) CHANGES TO THE SENTENCING LEVELS.—Pur19 suant to section 994 of title 28, United States Code, and

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

21 States Sentencing Commission shall promptly promulgate

22 guidelines, or amend existing guidelines, to make appro23 priate increases in the base offense levels for offenses

24 under section 1028(a) of title 18, United States Code.
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1 SEC. 207. CIVIL PENALTIES FOR DOCUMENT FRAUD.

2 (a) ACTIVITIES PROHIBITED.—Section 274C(a) of

3 the Immigration and Nationality Act (8 U.S.C. 1324c(a))

4 is amended—

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

6 (3);

7 (2) by striking the period and inserting ’’; or’’

8 at the end of paragraph (4); and

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

10 ‘‘(5) to present before boarding a common car11 rier for the purpose of coming to the United States

12 a document that relates to the alien’s eligibility to

13 enter the United States and to fail to present such

14 document to an immigration officer upon arrival at

15 a United States port of entry, or

16 ‘‘(6) in reckless disregard of the fact that the

17 information is false or does not relate to the appli18 cant, to prepare, to file, or to assist another in pre19 paring or filing, documents which are falsely made

20 (including but not limited to documents which con21 tain false information, material misrepresentation,

22 or information which does not relate to the appli23 cant) for the purposes of satisfying a requirement of

24 this Act.

25 The Attorney General may waive the penalties of this sec26 tion with respect to an alien who knowingly violates para-
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1 graph (5) if the alien is subsequently granted asylum

2 under section 208 or withholding of deportation under sec3 tion 243(h). For the purposes of this section, the phrase

4 ‘falsely made any document’ includes the preparation or

5 provision of any document required under this Act, with

6 knowledge or in reckless disregard of the fact that such

7 document contains a false, fictitious, or fraudulent state8 ment or material representation, or has no basis in law

9 or fact, or otherwise fails to state a material fact pertain10 ing to the document.’’.

11 (b) CONFORMING AMENDMENTS FOR CIVIL PEN12 ALTIES.—Section 274C(d)(3) of the Immigration and Na13 tionality Act (8 U.S.C. 1324c(d)(3)) is amended by strik14 ing ‘‘each document used, accepted, or created and each

15 instance of use, acceptance, or creation’’ in each of the

16 two places it appears and inserting ‘‘each document that

17 is the subject of a violation under subsection (a)’’.

18 SEC. 208. SUBPOENA AUTHORITY.

19 (a) IMMIGRATION OFFICER AUTHORITY.—

20 (1) Section 274A(e)(2) of the Immigration and

21 Nationality Act (8 U.S.C. 1324a(e)(2)) is amended

22 by—

23 (A) striking at the end of subparagraph

24 (A) ‘‘and’’;
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1 (B) striking at the end of subparagraph

2 (B) ‘‘.’’ and inserting ‘‘, and’’; and

3 (C) adding a new subparagraph (C) to

4 read as follows:

5 ‘‘(C) immigration officers designated by

6 the Commissioner may compel by subpoena the

7 attendance of witnesses and the production of

8 evidence at any designated place prior to the fil9 ing of a complaint in a case under paragraph

10 (3).’’.

11 (2) Section 274C(d)(1) of the Immigration and

12 Nationality Act (8 U.S.C. 1324a(e)(2)) is amended

13 by—

14 (A) striking at the end of subparagraph

15 (A) ‘‘and’’;

16 (B) striking at the end of subparagraph

17 (B) ‘‘.’’ and inserting ‘‘, and’’; and

18 (C) adding a new subparagraph (C) to

19 read as follows:

20 ‘‘(C) immigration officers designated by

21 the Commissioner may compel by subpoena the

22 attendance of witnesses and the production of

23 evidence at any designated place prior to the fil24 ing of a complaint in a case under paragraph

25 (2).’’.
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1 (b) SECRETARY OF LABOR SUBPOENA AUTHOR2 ITY.—The Immigration and Nationality Act is amended

3 by adding a new section 294 (8 U.S.C. 1364) to read as

4 follows:

5 ‘‘§ 294. Secretary of Labor subpoena authority

6 ‘‘The Secretary of Labor may issue subpoenas requir7 ing the attendance and testimony of witnesses or the pro8 duction of any records, books, papers, or documents in

9 connection with any investigation or hearing conducted in

10 the enforcment of any immigration program for which the

11 Secretary of Labor has been delegated enforcement au12 thority under the Act. In such hearing, the Secretary of

13 Labor may administer oaths, examine witnesses, and re14 ceive evidence. For the purpose of any such hearing or

15 investigation, the authority contained in sections 9 and 10

16 of the Federal Trade Commission Act (15 U.S.C. 49, 50),

17 relating to the attendance of witnesses and the production

18 of books, papers, and documents, shall be available to the

19 Secretary of Labor.’’.

20 SEC. 209. INCREASED PENALTIES FOR EMPLOYER SANC21 TIONS INVOLVING LABOR STANDARDS VIOLA22 TIONS.

23 (a) Section 274A(e) of the Immigration and Nation24 ality Act (8 U.S.C. 1324a(e)) is amended by adding a new

25 paragraph (10) to read as follows:
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1 ‘‘(10)(A) The administrative law judge shall

2 have the authority to require payment of a civil

3 money penalty in an amount up to two times the

4 level of the penalty prescribed by this subsection in

5 any case where the employer has been found to have

6 committed willful or repeated violations of any of the

7 following statutes:

8 ‘‘(i) The Fair Labor Standards Act, sec9 tion 201 of title 29, United States Code et seq.,

10 pursuant to a final determination by the Sec11 retary of Labor or a court of competent juris12 diction.

13 ‘‘(ii) The Migrant and Seasonal Agricul14 tural Worker Protection Act, section 1801 of

15 title 29, United States Code et seq., pursuant

16 to a final determination by the Secretary of

17 Labor or a court of competent jurisdiction.

18 ‘‘(iii) The Family and Medical Leave Act,

19 section 2601 of title 29, United States Code et

20 seq., pursuant to a final determination by a

21 court of competent jurisdiction.

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

23 General shall consult regarding the administration of

24 the provisions of this paragraph.’’.
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1 (b) Section 274B(g) of the Immigration and Nation2 ality Act (8 U.S.C. 1324b(g)) is amended by adding a new

3 paragraph (4) to read as follows:

4 ‘‘(4)(A) The administrative law judge shall have

5 the authority to require payment of a civil money

6 penalty in an amount up to two times the level of

7 the penalty prescribed by this subsection in any case

8 where the employer has been found to have commit9 ted willful or repeated violations of any of the follow10 ing statutes:

11 ‘‘(i) The Fair Labor Standards Act, sec12 tion 201 of title 29, United States Code et seq.,

13 pursuant to a final determination by the Sec14 retary of Labor or a court of competent juris15 diction.

16 ‘‘(ii) The Migrant and Seasonal Agricul17 tural Worker Protection Act, section 1801 of

18 title 29, United States Code et seq., pursuant

19 to a final determination by the Secretary of

20 Labor or a court of competent jurisdiction.

21 ‘‘(iii) The Family and Medical Leave Act,

22 section 2601 of title 29, United States Code et

23 seq., pursuant to a final determination by a

24 court of competent jurisdiction.
30

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

2 General shall consult regarding the administration of

3 the provisions of this paragraph.’’.

4 (c) Section 274C(d) of the Immigration and Nation5 ality Act (8 U.S.C. 1324c(d)) is amended by adding a new

6 paragraph (7) to read as follows:

7 ‘‘(7)(A) The administrative law judge shall have

8 the authority to require payment of a civil money

9 penalty in an amount up to two times the level of

10 the penalty prescribed by this subsection in any case

11 where the employer has been found to have commit12 ted willful or repeated violations of any of the follow13 ing statutes:

14 ‘‘(i) The Fair Labor Standards Act, sec15 tion 201 of title 29, United States Code et seq.,

16 pursuant to a final determination by the Sec17 retary of Labor or a court of competent juris18 diction.

19 ‘‘(ii) The Migrant and Seasonal Agricul20 tural Worker Protection Act, section 1801 of

21 title 29, United States Code et seq., pursuant

22 to a final determination by the Secretary of

23 Labor or a court of competent jurisdiction.

24 ‘‘(iii) The Family and Medical Leave Act,

25 section 2601 of title 29, United States Code et
31

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1 seq., pursuant to a final determination by a

2 court of competent jurisdiction.

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

4 General shall consult regarding the administration of

5 the provisions of this paragraph.’’.

6 SEC. 210. INCREASED CIVIL PENALTIES FOR UNFAIR IMMI7 GRATION-RELATED EMPLOYMENT PRAC8 TICES.

9 (a) Section 274B(g)(2)(B) of the Immigration and

10 Nationality Act (8 U.S.C. 1324b(g)(2)(B)) is amended—

11 (1) in clause (iv)(I), by striking ‘‘$250’’ and

12 ‘‘$2,000’’ and inserting ‘‘$1,000’’ and ‘‘$3,000’’, re13 spectively;

14 (2) in clause (iv)(II), by striking ‘‘$2,000’’ and

15 ‘‘$5,000’’ and inserting ‘‘$3,000’’ and ‘‘$8,000’’, re16 spectively;

17 (3) in clause (iv)(III), by striking ‘‘$3,000’’ and

18 ‘‘$10,000’’ and inserting ‘‘$8,000’’ and ‘‘$25,000’’,

19 respectively; and

20 (4) in clause (iv)(IV), by striking ‘‘$100’’ and

21 ‘‘$1,000’’ and inserting ‘‘$200’’ and ‘‘$5,000’’, re22 spectively.
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1 SEC. 211. RETENTION OF EMPLOYER SANCTIONS FINES

2 FOR LAW ENFORCEMENT PURPOSES.

3 Section 286(c) of the Immigration and Nationality

4 Act (8 U.S.C. 1356(c)) is amended by striking the period

5 at the end of the section and by adding the following: ‘‘;

6 Provided further, That all monies received during each fis7 cal year in payment of penalties under section 274A of

8 this Act in excess of $5,000,000 shall be credited to the

9 Immigration and Naturalization Service Salaries and Ex10 penses appropriations account that funds activities and re11 lated expenses associated with enforcement of that section

12 and shall remain available until expended.’’.

13 SEC. 212. TELEPHONE VERIFICATION SYSTEM FEE.

14 Section 274A(d) of the Immigration and Nationality

15 Act (8 U.S.C. 1324a(d)) is amended by adding at the end

16 a new paragraph (5) to read as follows:

17 ‘‘(5) TELEPHONE VERIFICATION SYSTEM

18 FEE.—

19 ‘‘(A) The Attorney General is authorized

20 to collect a fee from employers, recruiters, or

21 referrers who subscribe to participate in a tele22 phone verification system pilot under this sec23 tion.

24 ‘‘(B) Funds collected pursuant to this au25 thorization shall be deposited as offsetting col26 lections to the Immigration and Naturalization
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1 Service Salaries and Expenses appropriations

2 account solely to fund the costs incurred to pro3 vide alien employment verification services

4 through such a system.’’.

5 SEC. 213. AUTHORIZATIONS.

6 There are authorized to be appropriated such sums

7 as may be necessary to carry out this title. None of the

8 costs incurred in carrying out this title shall be paid for

9 out of any trust fund established under the Social Security

10 Act.

11 TITLE III—ILLEGAL ALIEN REMOVAL

12 SEC. 301. CIVIL PENALTIES FOR FAILURE TO DEPART.

13 The Immigration and Nationality Act is amended by

14 adding a new section 274D (8 U.S.C. 1324d) to read as

15 follows:

16 ‘‘CIVIL PENALTIES FOR FAILURE TO DEPART

17 ‘‘SEC. 274D. (a) Any alien subject to a final order

18 of exclusion and deportation or deportation who—

19 ‘‘(1) willfully fails or refuses to—

20 ‘‘(A) depart from the United States pursu21 ant to the order;

22 ‘‘(B) make timely application in good faith

23 for travel or other documents necessary for de24 parture; or

25 ‘‘(C) present for deportation at the time

26 and place required by the Attorney General; or
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1 ‘‘(2) conspires to or takes any action designed

2 to prevent or hamper the alien’s departure pursuant

3 to the order,

4 shall pay a civil penalty of not more than $500 to the

5 Commissioner as offsetting collections for each day the

6 alien is in violation of this section.

7 ‘‘(b) Nothing in this section shall be construed to di8 minish or qualify any penalties to which an alien may be

9 subject for activities proscribed by section 242(e) or any

10 other section of this Act.’’.

11 SEC. 302. JUDICIAL DEPORTATION.

12 (a) Section 242A(d)(1) of the Immigration and Na13 tionality Act (8 U.S.C. 1252a(d)(1)) is amended to read

14 as follows:

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 ‘‘(i) whose criminal conviction for an of21 fense for which the alien is before the court for

22 sentencing causes such alien to be deportable

23 under section 241(a)(2)(A), or

24 ‘‘(ii) who previously has been convicted of

25 an aggravated felony at any time, if such an
35

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1 order has been requested by the United States

2 Attorney with the concurrence of the Commis3 sioner and if the court chooses to exercise such

4 jurisdiction.’’.

5 (b) Section 242A(d)(3) of the Immigration and Na6 tionality Act (8 U.S.C. 1252a(d)(3)(A)) is amended by

7 striking clauses (ii) and (iii) and by revising clause (i) to

8 read as follows:

9 ‘‘(i) A judicial order of deportation or denial of

10 such order may be appealed by either party. Appel11 late review of any judicial order of deportation shall

12 be considered as part of the underlying criminal case

13 and subject to all the procedures and filing deadlines

14 governing criminal appeals.’’.

15 (c) Section 242A(d)(4) of the Immigration and Na16 tionality Act (8 U.S.C. 1252a(d)(4)) is amended by strik17 ing ‘‘without a decision on the merits’’.

18 (d) The last sentence of section 3583(d)(3) of title

19 18, United States Code is amended to read as follows: ‘‘If

20 an alien defendant is subject to deportation, the court may

21 provide, as a condition of supervised release, that he or

22 she be ordered deported by the Attorney General, pursu23 ant to the procedures in the Immigration and Nationality

24 Act, and remain outside the United States, and the court
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1 may order that he or she be delivered to a duly authorized

2 immigration official for such deportation.’’.

3 SEC. 303. CONDUCT OF PROCEEDINGS BY ELECTRONIC

4 MEANS.

5 Section 242(b) of the Immigration and Nationality

6 Act (8 U.S.C. 1252(b)) is amended by inserting at the

7 end the following: ‘‘Nothing in this subsection shall pre8 clude the Attorney General from authorizing proceedings

9 by video electronic media, by telephone, or, where waived

10 or agreed to by the parties, in the absence of the alien.

11 Contested full evidentiary hearings on the merits may be

12 conducted by telephone only with the consent of the

13 alien.’’.

14 SEC. 304. SUBPOENA AUTHORITY.

15 (a) Section 236(a) of the Immigration and National16 ity Act (8 U.S.C. 1226(a)) is amended by inserting ‘‘issue

17 subpoenas,’’ in the first sentence after ‘‘evidence,’’.

18 (b) Section 242(b) of the Immigration and National19 ity Act (8 U.S.C. 1252(b)) is amended by inserting ‘‘issue

20 subpoenas,’’ in the first sentence after ‘‘evidence,’’.

21 SEC. 305. STIPULATED EXCLUSION AND DEPORTATION.

22 (a) Section 236 of the Immigration and Nationality

23 Act (8 U.S.C. 1226) is amended by adding at the end of

24 subsection (a) the following new paragraph:
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1 ‘‘(4) STIPULATED EXCLUSION AND DEPORTA2 TION.—The Attorney General shall provide by regu3 lation for the entry by an immigration judge of an

4 order of exclusion and deportation stipulated to by

5 the alien and the Service. Such an order may be en6 tered without a personal appearance by the alien be7 fore the immigration judge. A stipulated order shall

8 constitute a conclusive determination of the alien’s

9 excludability and deportability from the United

10 States.’’.

11 (b) Section 242 of the Immigration and Nationality

12 Act (8 U.S.C. 1252) is amended in subsection (b) by strik13 ing the sentence immediately following paragraph (4) and

14 inserting the following: ‘‘The Attorney General shall fur15 ther provide by regulation for the entry by an immigration

16 judge of an order of deportation stipulated to by the alien

17 and the Service. Such an order may be entered without

18 a personal appearance by the alien before the immigration

19 judge. A stipulated order shall constitute a conclusive de20 termination of the alien’s deportability from the United

21 States. The procedures so prescribed shall be the sole and

22 exclusive procedures for determining the deportability of

23 an alien under this section.’’.
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1 SEC. 306. STREAMLINING APPEALS FROM ORDERS OF EX2 CLUSION AND DEPORTATION.

3 (a) Section 106 of the Immigration and Nationality

4 Act (8 U.S.C. 1105a) is amended to read as follows:

5 ‘‘JUDICIAL REVIEW OF ORDERS OF DEPORTATION,

6 EXCLUSION, AND SPECIAL EXCLUSION

7 ‘‘SEC. 106(a) APPLICABLE PROVISIONS.—Judicial

8 review of a final order of exclusion or deportation is gov9 erned only by chapter 158 of title 28 of the United States

10 Code, except as provided in subsection (b); provided, how11 ever, that no court may order the taking of additional evi12 dence pursuant to section 2347(c) of title 28, United

13 States Code.

14 ‘‘(b) REQUIREMENTS.—

15 ‘‘(1) A petition for review must be filed not

16 later than 30 days after the date of the final order

17 of exclusion or deportation.

18 ‘‘(2) A petition for review shall be filed with the

19 Court of Appeals for the judicial circuit in which the

20 immigration judge completed the proceedings.

21 ‘‘(3) The respondent is the Attorney General.

22 The petition shall be served on the Attorney General

23 and on the officer or employee of the Immigration

24 and Naturalization Service in charge of the Service

25 district in which the final order of exclusion or de26 portation was entered. Service of the petition on the
39

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1 officer or employee stays the deportation of an alien

2 pending the court’s decision on the petition, unless

3 the court orders otherwise. However, if the alien has

4 been convicted of an aggravated felony, or the alien

5 is under an order of exclusion, service of the petition

6 does not stay the deportation unless the court orders

7 otherwise.

8 ‘‘(4) Except as provided in paragraph (5)(B) of

9 this subsection—‘‘the court of appeals shall decide

10 the petition only on the administrative record on

11 which the order of exclusion or deportation is based

12 and the Attorney General’s findings of fact shall be

13 conclusive unless a reasonable adjudicator would be

14 compelled to conclude to the contrary.

15 ‘‘(5)(A) If the petitioner claims to be a national

16 of the United States and the court of appeals finds

17 from the pleadings and affidavits that no genuine

18 issue of material fact about the petitioner’s national19 ity is presented, the court shall decide the national20 ity claim.

21 ‘‘(B) If the petitioner claims to be a national of

22 the United States and the court of appeals finds

23 that a genuine issue of material fact about the peti24 tioner’s nationality is presented, the court shall

25 transfer the proceeding to the district court of the
40

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1 United States for the judicial district in which the

2 petitioner resides for a new hearing on the national3 ity claim and a decision on that claim as if an action

4 had been brought in the district court under section

5 2201 of title 28.

6 ‘‘(C) The petitioner may have the nationality

7 claim decided only as provided in this section.

8 ‘‘(6)(A) If the validity of an order of deporta9 tion has not been judicially decided, a defendant in

10 a criminal proceeding charged with violating sub11 section (d) or (e) of section 242 may challenge the

12 validity of the order in the criminal proceeding only

13 by filing a separate motion before trial. The district

14 court, without a jury, shall decide the motion before

15 trial.

16 ‘‘(B) If the defendant claims in the motion to

17 be a national of the United States and the district

18 court finds that no genuine issue of material fact

19 about the defendant’s nationality is presented, the

20 court shall decide the motion only on the administra21 tive record on which the deportation order is based.

22 The administrative findings of fact are conclusive if

23 supported by reasonable, substantial, and probative

24 evidence on the record considered as a whole.
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1 ‘‘(C) If the defendant claims in the motion to

2 be a national of the United States and the district

3 court finds that a genuine issue of material fact

4 about the defendant’s nationality is presented, the

5 court shall hold a new hearing on the nationality

6 claim and decide that claim as if an action had been

7 brought under section 2201 of title 28.

8 ‘‘(D) If the district court rules that the depor9 tation order is invalid, the court shall dismiss the in10 dictment. The United States Government may ap11 peal the dismissal to the court of appeals for the ap12 propriate circuit within 30 days. The defendant may

13 not file a petition for review under this section dur14 ing the criminal proceeding. The defendant may

15 have the nationality claim decided only as provided

16 in this section.

17 ‘‘(7) This subsection—

18 ‘‘(A) does not prevent the Attorney Gen19 eral, after a final order of deportation has been

20 issued, from detaining the alien under section

21 242(c);

22 ‘‘(B) does not relieve the alien from com23 plying with subsection (d) or (e) of section 242;

24 and
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1 ‘‘(C) except as provided in paragraph (3)

2 of this subsection, does not require the Attorney

3 General to defer deportation of the alien.

4 ‘‘(8) The record and briefs do not have to be

5 printed. The court of appeals shall review the pro6 ceeding on a typewritten record and on typewritten

7 briefs.

8 ‘‘(c) REQUIREMENTS FOR PETITION.—A petition for

9 review of an order of deportation shall state whether a

10 court has upheld the validity of the order, and, if so, shall

11 state the name of the court, the date of the court’s ruling,

12 and the kind of proceeding.

13 ‘‘(d) REVIEW OF FINAL ORDERS.—A court may re14 view a final order of deportation only if—

15 ‘‘(1) the alien has exhausted all administrative

16 remedies available to the alien as of right;

17 ‘‘(2) another court has not decided the validity

18 of the order, unless the reviewing court finds that

19 the petition presents grounds that could not have

20 been presented in the prior judicial proceeding or

21 that the remedy provided by the prior proceeding

22 was inadequate or ineffective to test the validity of

23 the order.

24 ‘‘(e) LIMITED REVIEW FOR NON-PERMANENT RESI25 DENTS CONVICTED OF AGGRAVATED FELONIES.—
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1 ‘‘(1) A petition for review filed by an alien

2 against whom a final order of deportation has been

3 issued under section 242A may challenge only

4 whether—

5 ‘‘(A) the alien is the alien described in the

6 order;

7 ‘‘(B) the alien is the alien described in sec8 tion 242A(b)(2) and has been convicted after

9 entry into the United States of an aggravated

10 felony; and

11 ‘‘(C) the alien was afforded the procedures

12 described in section 242A(b)(4).

13 ‘‘(2) A court reviewing the petition has jurisdic14 tion only to review the issues described in paragraph

15 (1).

16 ‘‘(f) SPECIAL EXCLUSION.—Notwithstanding any

17 other provision of law, except as provided in this sub18 section, no court shall have jurisdiction to review any indi19 vidual determination or to entertain any other cause or

20 claim arising from or relating to the implementation or

21 operation of the special exclusion provisions contained in

22 section 235(d); except as provided herein, there shall be

23 no judicial review of: (i) a decision by the Attorney Gen24 eral to invoke the provisions of section 235(d), (ii) the ap25 plication of section 235(d) to individual aliens, including
44

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1 the determination made under paragraphs 5 and 6, or (iii)

2 procedures and policies adopted by the Attorney General

3 to implement the provisions of section 235(d). Regardless

4 of the nature of the action or claim or of the identity of

5 the party or parties bringing the action, no court shall

6 have jurisdiction or authority to enter declaratory, injunc7 tive, or other equitable relief not specifically authorized in

8 this subsection, or to certify a class under Rule 23 of the

9 Federal Rules of Civil Procedure.

10 ‘‘(1) Judicial review of any cause, claim, or in11 dividual determination made or arising under or per12 taining to special exclusion under section 235(d)

13 shall only be available in habeas corpus proceedings,

14 and shall be limited to determinations of: (i) whether

15 the petitioner is an alien, (ii) whether the petitioner

16 was ordered specially excluded, and (iii) whether the

17 petitioner can prove by a preponderance of the evi18 dence that he or she is an alien lawfully admitted for

19 permanent residence and is entitled to such further

20 inquiry as prescribed by the Attorney General pursu21 ant to section 235(d)(3).

22 ‘‘(2) In any case where the court determines

23 that the petitioner: (i) is an alien who was not or24 dered specially excluded, or (ii) has demonstrated by

25 a preponderance of the evidence that he or she is a
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1 lawful permanent resident, the court may order no

2 remedy or relief other than to require that the peti3 tioner be provided a hearing in accordance with sec4 tion 236 or a determination in accordance with sec5 tions 235(a) or 273(d). Any alien who is provided a

6 hearing under section 236 pursuant to these provi7 sions may thereafter obtain judicial review of any re8 sulting final order of exclusion pursuant to this sec9 tion.

10 ‘‘(3) In determining whether an alien has been

11 ordered specially excluded, the court’s inquiry shall

12 be limited to whether such an order in fact was is13 sued and whether it relates to the petitioner. There

14 shall be no review of whether the alien is actually ex15 cludable or entitled to any relief from exclusion.’’.

16 SEC. 307. SANCTIONS AGAINST COUNTRIES REFUSING TO

17 ACCEPT DEPORTATION OF THEIR NATION18 ALS.

19 Section 243(g) of the Immigration and Nationality

20 Act (8 U.S.C. 1253(g)) is amended to read as follows:

21 ‘‘(g) DISCONTINUING GRANTING VISAS WHEN COUN22 TRY DENIES OR DELAYS ACCEPTING ALIEN.—On being

23 notified by the Attorney General that the government of

24 a foreign country denies or unreasonably delays accepting

25 an alien who is a citizen, subject, national, or resident of
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1 that country after the Attorney General asks whether the

2 government will accept the alien under this section, the

3 Secretary of State may order consular officers in that for4 eign country to discontinue granting such classes of visas

5 as the Secretary shall deem appropriate to citizens, sub6 jects, nationals, and residents of the country until the At7 torney General notifies the Secretary that the country has

8 accepted the alien.’’.

9 SEC. 308. CUSTODY OF ALIENS CONVICTED OF AGGRA10 VATED FELONIES.

11 (a) Section 236 of the Immigration and Nationality

12 Act (8 U.S.C. 1226) is amended in paragraph (e)(2) by

13 inserting after ‘‘unless’’ the following subparagraph—

14 ‘‘(A) the Attorney General Determines,

15 pursuant to section 3521 of title 18, United

16 States Code, that release from custody is nec17 essary to provide protection to a witness, a po18 tential witness, a person cooperating with an in19 vestigation into major criminal activity, or an

20 immediate family member of close associate of

21 a witness, potential witness, or person cooperat22 ing with such an investigation or (B)’’.

23 (b) Section 242 of the Immigration and Nationality

24 Act (8 U.S.C. 1252) is amended by revising paragraph

25 (a)(2) to read as follows:
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1 ‘‘(2)(A) The Attorney General shall take into

2 custody any alien convicted of an aggravated felony

3 when the alien is released. This requirement shall

4 apply whether the alien is released on parole, super5 vised release, or probation, or may be arrested or

6 imprisoned again for the same offense.

7 ‘‘(B) The Attorney General may release the

8 alien only if the alien—

9 ‘‘(i) was lawfully admitted to the United

10 States and satisfies the Attorney General that

11 the alien is not a threat to the community and

12 is likely to appear for any scheduled proceeding;

13 or

14 ‘‘(ii) the Attorney General decides pursu15 ant to section 3521 of title 18, United States

16 Code, that release from custody is necessary to

17 provide protection to a witness, a potential wit18 ness, person cooperating with an investigation

19 into major criminal activity, or an immediate

20 family member or close associate of a witness,

21 potential witness, or person cooperating with

22 such an investigation.’’.
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1 SEC. 309. LIMITATIONS ON RELIEF FROM EXCLUSION AND

2 DEPORTATION.

3 (a) Section 212(c) of the Immigration and National4 ity Act (8 U.S.C. 1182(c)) is revised to read as follows:

5 ‘‘(c) An alien who is and has been lawfully admitted

6 for permanent residence for at least 5 years, who has re7 sided in the United States continuously for 7 years after

8 having been lawfully admitted, and who is returning to

9 such residence after having temporarily proceeded abroad

10 voluntarily and not under an order of deportation, may

11 be admitted in the discretion of the Attorney General with12 out regard to the provisions of subsection (a) (other than

13 paragraphs (3) and (9)(C)). For purposes of this sub14 section, any period of continuous residence shall be

15 deemed to end when the alien is placed in proceedings to

16 exclude the alien from the United States. Nothing con17 tained in this subsection shall limit the authority of the

18 Attorney General to exercise the discretion authorized

19 under section 211(b). The first sentence of this subsection

20 shall not apply to an alien who has been convicted of one

21 or more aggravated felonies and has been sentenced for

22 such felony or felonies to a term of imprisonment of at

23 least 5 years. This subsection shall apply only to an alien

24 in proceedings under section 236.’’.

25 (b) Section 244 of the Immigration and Nationality

26 Act (8 U.S.C. 1254) is revised to read as follows:
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1 ‘‘SEC. 244(a). CANCELLATION OF DEPORTATION.—

2 The Attorney General may cancel deportation in the case

3 of an alien who is deportable from the United States

4 and—

5 ‘‘(1) is and has been a lawful permanent resi6 dent for at least 5 years who has resided in the

7 United States continuously for 7 years after being

8 lawfully admitted and has not been convicted of an

9 aggravated felony or felonies for which the alien has

10 been sentenced, in the aggregate, to a term of im11 prisonment of at least 5 years; or

12 ‘‘(2) has been physically present in the United

13 States for a continuous period of not less than 7

14 years since entering the United States; has been a

15 person of good moral character during such period;

16 and establishes that deportation would result in ex17 treme hardship to the alien or the alien’s spouse,

18 parent, or child, who is a citizen of the United

19 States or an alien lawfully admitted for permanent

20 residence.

21 For purposes of this section, any period of continuous resi22 dence or continuous physical presence in the United States

23 shall be deemed to end when the alien is served an order

24 to show cause pursuant to section 242B(a)(1). An alien

25 shall be considered to have failed to maintain continuous
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1 physical presence in the United States under paragraph

2 (2) if the alien was absent from the United States for any

3 single period of more than 90 days or an aggregate period

4 of more than 180 days. No person who is deportable under

5 section 241(a)(2)(C) or 241(a)(4) shall be eligible for re6 lief under this section. No person who has been convicted

7 of an aggravated felony shall be eligible for relief under

8 paragraph (2) of this section.

9 ‘‘(b) CONTINUOUS PHYSICAL PRESENCE NOT RE10 QUIRED BECAUSE OF HONORABLE SERVICE IN ARMED

11 FORCES AND PRESENCE UPON ENTRY INTO SERVICE.—

12 The requirements of continuous residence or continuous

13 physical presence in the United States specified in sub14 sections (a)(1) and (a)(2) of this section shall not be appli15 cable to an alien who—

16 ‘‘(1) has served for a minimum period of twen17 ty-four months in an active-duty status in the

18 Armed Forces of the United States and, if separated

19 from such service, was separated under honorable

20 conditions, and

21 ‘‘(2) at the time of his or her enlistment or in22 duction was in the United States.

23 ‘‘(c) ADJUSTMENT OF STATUS.—The Attorney Gen24 eral may cancel deportation and adjust to the status of

25 an alien lawfully admitted for permanent residence any
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1 alien who the Attorney General decides meets the require2 ments of subsection (a)(2). The Attorney General shall

3 record the alien’s lawful admission for permanent resi4 dence as of the date the Attorney General decides to cancel

5 removal.

6 ‘‘(d) VOLUNTARY DEPARTURE.—(1) The Attorney

7 General may in his or her discretion permit an alien volun8 tarily to depart the United States at the alien’s own ex9 pense—

10 ‘‘(A) in lieu of being subject to deportation pro11 ceedings under section 242 or prior to the comple12 tion of such proceedings, if the alien is not a person

13 deportable under section 241(a)(2)(A)(iii) or section

14 241(a)(4). The Attorney General may require the

15 alien to post a voluntary departure bond, to be sur16 rendered upon proof that the alien has departed the

17 United States within the time specified. If any alien

18 who is authorized to depart voluntarily under this

19 paragraph is financially unable to depart at his or

20 her own expense and the Attorney General deems

21 the alien’s removal to be in the best interest of the

22 United States, the expense of such removal may be

23 paid from the appropriation for enforcement of this

24 Act; or
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1 ‘‘(B) at the conclusion of a proceeding under

2 section 242, only if the immigration judge deter3 mines that—

4 ‘‘(i) the alien is, and has been, a person of

5 good moral character for at least five years im6 mediately preceding his or her application for

7 voluntary departure;

8 ‘‘(ii) the alien is not deportable under sec9 tion 241(a)(2)(A)(iii) or section 241(a)(4); and

10 ‘‘(iii) the alien establishes by clear and

11 convincing evidence that he or she has the

12 means to depart the United States and intends

13 to do so. The alien shall be required to post a

14 voluntary departure bond, in an amount nec15 essary to ensure that the alien will depart, to be

16 surrendered upon proof that the alien has de17 parted the United States within the time speci18 fied.

19 ‘‘(2) If the alien fails voluntarily to depart the United

20 States within the time period specified in accordance with

21 subparagraphs (1) or (2), the alien shall be subject to a

22 civil penalty of not more than $500 per day and be ineli23 gible for any further relief under this paragraph or para24 graph (b).
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1 ‘‘(3) The Attorney General may by regulation limit

2 eligibility for voluntary departure for any class or classes

3 of aliens. No court may review any regulation issued under

4 this subparagraph.

5 ‘‘(4) An alien may appeal from denial of a request

6 for an order of voluntary departure under subparagraph

7 (2) in accordance with the procedures in section 106, pro8 vided that no court shall have jurisdiction over an appeal

9 regarding the length of voluntary departure where the

10 alien has been granted voluntary departure of 30 days or

11 more. Notwithstanding the pendency of an appeal by an

12 alien of a denial of voluntary departure or a grant of vol13 untary departure of less than 30 days, the alien shall be

14 removable from the United States 60 days after entry of

15 the order of deportation. No court may order a stay of

16 such removal. The alien’s removal from the United States

17 shall not moot the appeal.

18 ‘‘(e) ALIEN CREWMEN; NONIMMIGRANT EXCHANGE

19 ALIENS ADMITTED TO RECEIVE GRADUATE MEDICAL

20 EDUCATION OR TRAINING; OTHER.—The provisions of

21 subsection (a) of this section shall not apply to an alien

22 who—

23 ‘‘(1) entered the United States as a crewman

24 subsequent to June 30, 1964;
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1 ‘‘(2) was admitted to the United States as a

2 nonimmigrant exchange alien as defined in section

3 101(a)(15)(J), or has acquired the status of such a

4 nonimmigrant exchange alien after admission, in

5 order to receive graduate medical education or train6 ing, regardless of whether or not the alien is subject

7 to or has fulfilled the two-year foreign residence re8 quirement of section 212(e); or

9 ‘‘(3)(A) was admitted to the United States as

10 a nonimmigrant exchange alien as defined in section

11 101(a)(15)(J) or has acquired the status of such a

12 nonimmigrant exchange alien after admission other

13 than to receive graduate medical education or train14 ing, (B) is subject to the two-year foreign residence

15 requirement of section 212(e), and (C) has not ful16 filled that requirement or received a waiver thereof,

17 or in the case of a foreign medical graduate who has

18 received a waiver pursuant to section 220 of the Im19 migration and Nationality Technical Corrections Act

20 of 1994, Public Law 103–416, has not fulfilled the

21 requirements of section 214(k).’’.

22 (c) CONFORMING AMENDMENTS.—

23 (1) Section 242(b) of the Immigration and Na24 tionality Act (8 U.S.C. 1252(b)) is amended by

25 striking the last two sentences.
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1 (2) Section 242B of the Immigration and Na2 tionality Act (8 U.S.C. 1252b) is amended—

3 (A) in paragraph (e)(2)—

4 (i) by striking ‘‘section 244(e)(l)’’ and

5 inserting ‘‘section 244(d)’’, and

6 (ii) by striking ‘‘section 242(b)(l)’’

7 and inserting ‘‘section 244(d)’’, and

8 (B) in paragraph (e)(5)—

9 (i) by striking ‘‘section 242(b)(1)’’

10 and inserting ‘‘section 244(d)’’, and

11 (ii) by striking ‘‘suspension of depor12 tation’’ and inserting ‘‘cancellation of de13 portation’’.

14 (d)(1) The amendments made by subsection (a) of

15 this section shall take effect on the date of enactment; ex16 cept that, for purposes of determining the period of contin17 uous residence, the amendments made by subsection (a)

18 shall apply to all aliens against whom proceedings are

19 commenced on or after the date of enactment.

20 (2) The amendments made by subsection (b) of this

21 section shall take effect on the date of enactment; except

22 that, for purposes of determining the periods of continu23 ous residence or continuous physical presence, the amend24 ments made by subsection (b) shall apply to all aliens upon
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1 whom an order to show cause is served on or after the

2 date of enactment.

3 (3) The amendments made by subsection (c) of this

4 section shall take effect on the date of enactment.

5 SEC. 310. RESCISSION OF LAWFUL PERMANENT RESIDENT

6 STATUS.

7 Section 246(a) of the Immigration and Nationality

8 Act (8 U.S.C. 1256(a)) is amended by adding at the end

9 the following sentence: ‘‘Nothing in this subsection shall

10 require the Attorney General to rescind the alien’s status

11 prior to commencement of procedures to deport the alien

12 under section 242 and 242A, and an order of deportation

13 issued by an immigration judge shall be sufficient to re14 scind the alien’s status.’’.

15 SEC. 311. INCREASING EFFICIENCY IN REMOVAL OF DE16 TAINED ALIENS.

17 (a) There are authorized to be appropriated such

18 funds as may be necessary for the Attorney General to

19 conduct a pilot program or programs to study methods

20 for increasing the efficiency of deportation and exclusion

21 proceedings against detained aliens by increasing the

22 availability of pro bono counseling and representation for

23 such aliens. Any such pilot program may provide for ad24 ministrative grants to not-for-profit organizations involved

25 in the counseling and representation of aliens in immigra-
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1 tion proceedings. An evaluation component shall be in2 cluded in any such pilot program to test the efficiency and

3 cost effectiveness of the services provided and the

4 replicability of such programs at other locations.

5 (b) Nothing in this section shall be regarded as creat6 ing a right to be represented in exclusion or deportation

7 proceedings at the expense of the Government.

8 TITLE IV—ALIEN SMUGGLING CONTROL

9 SEC. 401. WIRETAP AUTHORITY FOR INVESTIGATIONS OF

10 ALIEN SMUGGLING AND DOCUMENT FRAUD.

11 (Section 2516(l) of title 18, United States Code, is

12 amended—

13 (a) in paragraph (c), by inserting after

14 ‘‘trains)’’ the following: ‘‘or a felony violation of sec15 tion 1028 (relating to production of false identifica16 tion documentation), section 1541 (relating to pass17 port issuance without authority), section 1542 (re18 lating to false statements in passport applications),

19 section 1543 (relating to forgery or false use of

20 passport), section 1544 (relating to misuse of pass21 port), section 1546 (relating to fraud or misuse of

22 visas, permits, or other documents)’’;

23 (b) by striking ‘‘or’’ after paragraph (l);

24 (c) by redesignating paragraphs (m), (n), and

25 (o) as paragraphs (n), (o), an (p), respectively; and
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1 (d) by inserting after paragraph (l) the follow2 ing new paragraph:

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

4 Immigration and Nationality Act (relating to the smug5 gling of aliens);’’.

6 SEC. 402. APPLYING RACKETEERING OFFENSES TO ALIEN

7 SMUGGLING.

8 Section 1961(l) of title 18, United States Code, is

9 amended—

10 (a) by striking ‘‘or’’ after ‘‘law of the United

11 States,’’;

12 (b) by inserting ‘‘or’’ at the end of clause (E);

13 and

14 (c) by adding at the end the following:

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

16 act, in violation of section 274(a)(l)(A)(v), 277,

17 or 278 of the Immigration and Nationality Act

18 (8 U.S.C. 1324(a)(1)(A)(v), 1327, or 1328).’’.

19 SEC. 403. EXPANDED ASSET FORFEITURE FOR SMUGGLING

20 OR HARBORING ALIENS.

21 Section 274 of the Immigration and Nationality Act

22 of 1952, as amended (8 U.S.C. 1324) is amended—

23 (a) by amending paragraph (b)(1) to read as

24 follows:
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1 ‘‘(b) SEIZURE AND FORFEITURE. (1) The following

2 property shall be subject to seizure and forfeiture:

3 ‘‘(A) any conveyance, including any vessel, vehi4 cle, or aircraft, which has been or is being used in

5 the commission of a violation of subsection (a); ex6 cept that—

7 ‘‘(i) no conveyance used by any person as

8 a common carrier in the transaction of business

9 as a common carrier shall be forfeited under

10 the provisions of this section unless it shall ap11 pear that the owner or other person in charge

12 of such conveyance was a consenting party or

13 privy to the illegal act; and

14 ‘‘(ii) no conveyance shall be forfeited under

15 the provisions of this section by reason of any

16 act or omission established by the owner thereof

17 to have been committed or omitted by any per18 son other than such owner while such convey19 ance was unlawfully in the possession of a per20 son other than such owner in violation of the

21 criminal laws of the United States, or of any

22 State; and

23 ‘‘(B) any property, real or personal, (i) that

24 constitutes, or is derived from or is traceable to the

25 proceeds obtained directly or indirectly from the
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1 commission of a violation of subsection (a), or (ii)

2 that is used to facilitate, or is intended to be used

3 to facilitate, the commission of a violation of sub4 paragraph (a)(1)(A), except that no property shall

5 be forfeited under this paragraph, to the extent of

6 an interest of an owner, by reason of any act or

7 omission established by that owner to have been

8 committed or omitted by any other person other

9 than such owner without knowledge or consent of

10 that owner’’; and

11 (b) in paragraph (b)(2)—

12 (1) by striking ‘‘conveyances’’ both places

13 it appears and inserting ‘‘property’’; and

14 (2) by striking ‘‘is being used in’’ and in15 serting ‘‘is being used in, is facilitating, has fa16 cilitated, is facilitating or was intended to facili17 tate’’;

18 (3) in paragraph (3)—

19 (A) by inserting ‘‘(A) immediately

20 after ‘‘(3)’’, and

21 (B) by adding at the end the follow22 ing:

23 ‘‘(B) Before the seizure of any real prop24 erty pursuant to this section the Attorney Gen25 eral shall provide notice and opportunity to be
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1 heard to the owner of the property. The Attor2 ney General shall prescribe such regulations as

3 may be necessary to carry out this paragraph.’’;

4 (4) in paragraphs (b)(4) and (b)(5) by

5 striking each place they appear the phrase ‘‘a

6 conveyance’’ and the word ‘‘conveyance’’ and in7 serting ‘‘property’’; and

8 (5) by redesignating subsection (c) to be

9 subsection (d) and inserting the following new

10 subsection (c):

11 ‘‘(c) CRIMINAL FORFEITURE.—

12 ‘‘(1) Any person convicted of a violation of sub13 section (a) shall forfeit to the United States, irre14 spective of any provision of State law—

15 ‘‘(A) any conveyance, including any vessel,

16 vehicle, or aircraft used in the commission of a

17 violation of subsection (a); and

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

19 ‘‘(i) that constitutes, or is derived

20 from or is traceable to the proceeds ob21 tained directly or indirectly from the com22 mission of a violation of subsection (a), or

23 ‘‘(ii) that is used to facilitate, or is in24 tended to be used to facilitate, the commis-
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1 sion of a violation of subparagraph

2 (a)(1)(A).

3 The court, in imposing sentence on such person,

4 shall order that the person forfeit to the United

5 States all property described in this subsection.

6 ‘‘(2) The criminal forfeiture of property under

7 this subsection, including any seizure and disposition

8 of the property and any related administrative or ju9 dicial proceeding shall be governed by the provisions

10 of section 413 of the Comprehensive Drug Abuse

11 Prevention and Control Act of 1970 (21 U.S.C.

12 853), except for subsections 413(a) and 413(d)

13 which shall not apply to forfeitures under this sub14 section.’’.

15 SEC. 404. INCREASED CRIMINAL PENALTIES FOR ALIEN

16 SMUGGLING.

17 Section 274(a) of the Immigration and Nationality

18 Act (8 U.S.C. 1324(a)) is amended—

19 (1) in subsection (a)(1)(A)—

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

21 (iii);

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

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

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

25 clause:
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1 ‘‘(v)(I) engages in any conspiracy to

2 commit any of the preceding acts, or

3 (II) aids or abets the commission of

4 any of the preceding acts.’’;

5 (2) in subsection (a)(1)(B)—

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

7 after ‘‘(A)(i)’’;

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

9 inserting ‘‘(iv), or (v)(II)’’;

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

11 inserting ‘‘(iv), or (v)’’;

12 (3) in subsection (a)(1)(B) by adding at the

13 end the following new paragraph:

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

15 alien—

16 ‘‘(A) knowing that such alien is an unau17 thorized alien (as defined in section

18 274A(h)(3)), and

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

20 brought into the United States in violation of

21 this subsection,

22 shall be fined under title 18, United States Code,

23 and shall be imprisoned for not more than 5 years.’’;

24 and

25
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1 (4) in subsection (a)(2)(A)—

2 (A) by striking the period after clause (iv)

3 and adding a new clause (v) to read as follows:

4 ‘‘(v) an offense committed with the in5 tent or with reason to believe that the alien

6 unlawfully brought into the United States

7 will commit an offense against the United

8 States or any State punishable by impris9 onment for more than 1 year.’’; and

10 (B) in subparagraph (B) by adding ‘‘(v)’’

11 after ‘‘(A)(i)’’ in clause (i).

12 SEC. 405. UNDERCOVER INVESTIGATION AUTHORITY.

13 (a) With respect to any undercover investigative oper14 ation of the Immigration and Naturalization Service which

15 is necessary for the detection and prosecution of crimes

16 against the United States—

17 (1) sums authorized to be appropriated for the

18 Immigration and Naturalization Service by this Act

19 may be used for leasing space within the United

20 States, the District of Columbia, and the territories

21 and possessions of the United States without regard

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

23 U.S.C. 1341), section 3732(a) of the Revised Stat24 utes (41 U.S.C. 11(a)), section 305 of the Act of

25 June 30, 1949 (63 Stat. 396; 41 U.S.C. 255), the
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1 third undesignated paragraph under the heading

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

3 Stat. 370; 40 U.S.C. 34), section 3648 of the Re4 vised Statutes (31 U.S.C. 3324), section 3741 of the

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

6 and (c) of section 304 of the Federal Property and

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

8 41 U.S.C. 254 (a) and (c));

9 (2) sums authorized to be appropriated for the

10 Immigration and Naturalization Service by this Act

11 may be used to establish or to acquire proprietary

12 corporations or business entities as part of an un13 dercover operation, and to operate such corporations

14 or business entities on a commercial basis, without

15 regard to the provisions of section 304 of the Gov16 ernment Corporation Control Act (31 U.S.C. 9102);

17 (3) sums authorized to be appropriated for the

18 Immigration and Naturalization Service by this Act,

19 and the proceeds from such undercover operation,

20 may be deposited in banks or other financial institu21 tions without regard to the provisions of section 648

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

23 3639 of the Revised Statutes (31 U.S.C. 3302); and

24 (4) the proceeds from such undercover oper25 ation may be used to offset necessary and reasonable
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1 expenses incurred in such operation without regard

2 to the provisions of section 3617 of the Revised

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

4 The authorization set forth in this section may be exer5 cised only upon written certification of the Commissioner

6 of the Immigration and Naturalization Service, in con7 sultation with the Deputy Attorney General, that any ac8 tion authorized by paragraph (1),(2), (3), or (4) is nec9 essary for the conduct of such undercover operation.

10 (b) As soon as practicable after the proceeds from

11 an undercover investigative operation, carried out under

12 paragraphs (3) and (4) of subsection (a), are no longer

13 necessary for the conduct of such operation, such proceeds

14 or the balance of such proceeds remaining at the time shall

15 be deposited into the Treasury of the United States as

16 miscellaneous receipts.

17 (c) If a corporation or business entity established or

18 acquired as part of an undercover operation under para19 graph (2) of subsection (a) with a net value of over

20 $50,000 is to be liquidated, sold, or otherwise disposed

21 of, the Immigration and Naturalization Service, as much

22 in advance as the Commissioner or his or her designee

23 determine practicable, shall report the circumstances to

24 the Attorney General, the Director of the Office of Man25 agement and Budget, and the Comptroller General. The
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1 proceeds of the liquidation, sale, or other disposition, after

2 obligations are met, shall be deposited in the Treasury of

3 the United States as miscellaneous receipts.

4 (d) The Immigration and Naturalization Service shall

5 conduct detailed financial audits of closed undercover op6 erations on a quarterly basis and shall report the results

7 of the audits in writing to the Deputy Attorney General.

8 SEC. 406. AMENDED DEFINITION OF AGGRAVATED FELONY.

9 (a) IN GENERAL.—Section 101(a)(43) of the Immi10 gration and Nationality Act (8 U.S.C. 110(a)(43)), as

11 amended by section 222 of the Immigration and National12 ity Technical Corrections Act of 1994 (Public Law 103–

13 416), is amended—

14 (1) in subparagraph (N), by striking ‘‘of title

15 18, United States Code’’; and

16 (2) in subparagraph (O), by striking ‘‘which

17 constitutes’’ and all that follows up to the semicolon

18 at the end and inserting ‘‘, for the purpose of com19 mercial advantage’’.

20 (b) EFFECTIVE DATE OF CONVICTION.—Section

21 101(a)(43) of the Immigration and Nationality Act (8

22 U.S.C. 1101(a)(43) as amended by section 222(b) of the

23 Immigration and Nationality Technical Corrections Act of

24 1994 (Public Law 103–416) is amended by adding at the

25 end of the following sentence: ‘‘Notwithstanding any other
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1 provision of law, the term applies for all purposes to con2 victions entered before, on, or after the date of enactment

3 of this Act.’’.

4 (c) APPLICATION TO WITHHOLDING OF DEPORTA5 TION.—Section 243(h) of the Immigration and National6 ity Act (8 U.S.C. 1253(h)) is amended in paragraph (2)

7 by inserting ‘‘for which the sentence imposed is 5 years

8 or more’’ after ‘‘aggravated felony’’.

9 TITLE V—INSPECTIONS AND ADMISSIONS

10 SEC. 501. CIVIL PENALTIES FOR BRINGING INADMISSIBLE

11 ALIENS FROM CONTIGUOUS TERRITORIES.

12 Section 273 of the Immigration and Nationality Act

13 (8 U.S.C. 1323) is amended by—

14 (1) striking ‘‘(other than from foreign contig15 uous territory)’’ from subsection (a), and

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

17 in subsection (b).

18 SEC. 502. DEFINITION OF STOWAWAY; EXCLUDABILITY OF

19 STOWAWAY; CARRIER LIABILITY FOR COSTS

20 OF DETENTION.

21 (a) Section 101(a) of the Immigration and National22 ity Act (8 U.S.C. 1101) is amended by adding the follow23 ing new subsection:

24 ‘‘(47) The term ‘‘stowaway’’ means any alien

25 who obtains transportation without the consent of
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1 the owner, charterer, master or person in command

2 of any vessel or aircraft through either concealment

3 on board such vessel or aircraft or evasion of that

4 carrier’s standard boarding procedures.’’.

5 (b) Section 237 of the Immigration and Nationality

6 Act (8 U.S.C. 1227) is amended—

7 (1) by inserting in paragraph (a)(1) before the

8 period at the end of the first sentence the following:

9 ‘‘, or unless the alien is an excluded stowaway who

10 has requested asylum or withholding of deportation

11 and whose application has not been adjudicated, or

12 whose application has been denied but who has not

13 exhausted any remaining appeal rights’’; and

14 (2) by inserting after the first sentence in para15 graph (a)(1) the following sentences: ‘‘Any alien

16 stowaway inspected upon arrival in the United

17 States is an alien who is excluded within the mean18 ing of this section. The term ‘alien’ wherever appear19 ing in this section shall include an excluded stow20 away. The provisions of section 237 concerning the

21 deportation of an excluded alien shall apply to the

22 deportation of a stowaway under section 273(d).’’.

23 (c) Section 273(d) of the Immigration and National24 ity Act (8 U.S.C. 1323(d)) is amended to read as follows:
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1 ‘‘It shall be the duty of the owner, charterer, agent, con2 signee, commanding officer, or master of any vessel or air3 craft arriving at the United States from any place outside

4 the United States to detain on board or at such other

5 place as may be designated by an immigration officer any

6 alien stowaway until such stowaway has been inspected by

7 an immigration officer. Upon inspection, the Attorney

8 General, pursuant to regulation, may take immediate cus9 tody of any stowaway and shall charge the owner,

10 charterer, agent, consignee, commanding officer, or mas11 ter of the vessel or aircraft on which the stowaway has

12 arrived the costs of detaining the stowaway. It shall be

13 the duty of the owner, charterer, agent, consignee, com14 manding officer, or master of any vessel or aircraft arriv15 ing at the United States from any place outside the United

16 States to deport any alien stowaway on the vessel or air17 craft on which such stowaway arrived or on another vessel

18 or aircraft at the expense of the vessel or aircraft on which

19 such stowaway arrived when required to do so by an immi20 gration officer. Failure to comply with the provisions of

21 this section shall result in the imposition of a $5,000 fine,

22 payable to the Commissioner as offsetting collections for

23 each alien stowaway. Pending final determination of liabil24 ity for such fine, no such vessel or aircraft shall be granted

25 clearance, except that clearance may be granted upon the
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1 deposit of a sum sufficient to cover such fine, or of a bond

2 with sufficient surety to secure the payment thereof ap3 proved by the Commissioner. An alien stowaway inspected

4 upon arrival shall be considered an excluded alien under

5 this Act. The provisions of section 235 for detention of

6 aliens for examination before a special inquiry officer and

7 the right of appeal provided for in section 236 shall not

8 apply to aliens who arrive as stowaways and no such aliens

9 shall be permitted to land in the United States, except

10 temporarily for medical treatment, or pursuant to such

11 regulations as the Attorney General may prescribe for the

12 ultimate departure, removal or deportation of such alien

13 from the United States. A stowaway may apply for asylum

14 or withholding of deportation, as provided in sections 208

15 and 243(h) of this Act, pursuant to such regulations as

16 the Attorney General may establish.’’.

17 SEC. 503. LIST OF ALIEN AND CITIZEN PASSENGERS ARRIV18 ING OR DEPARTING.

19 Section 231(a) of the Immigration and Nationality

20 Act (8 U.S.C. 1221(a)) is amended by—

21 (1) striking the first sentence and inserting the

22 following: ‘‘In connection with the arrival of any per23 son by water or by air at any port within the United

24 States from any place outside the United States, it

25 shall be the duty of the master or commanding offi-
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1 cer, or authorized agent, owner, or consignee of the

2 vessel or aircraft, having such person on board to

3 deliver to the immigration officers at the port of ar4 rival, or other place designated by the Attorney Gen5 eral, electronic, typewritten or printed lists or mani6 fests of the persons on board such vessel or air7 craft.’’;

8 (2) striking in the second sentence ‘‘shall be

9 prepared’’ and inserting ‘‘shall be prepared and sub10 mitted’’; and

11 (3) inserting after the second sentence the fol12 lowing sentence: ‘‘Such lists or manifests shall con13 tain, but not be limited to, for each person trans14 ported, the person’s full name, date of birth, gender,

15 citizenship, travel document number (if applicable),

16 and arriving flight number.’’.

17 SEC. 504. ELIMINATION OF LIMITATIONS ON IMMIGRATION

18 USER FEES FOR CERTAIN CRUISE SHIP PAS19 SENGERS.

20 Section 286(e)(1) of the Immigration and Nationality

21 Act (8 U.S.C. 1356) is amended to read as follows: ‘‘No

22 fee shall be charged under subsection (d) for immigration

23 inspection or preinspection provided in connection with the

24 arrival of any passenger aboard an international ferry.’’.
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1 SEC. 505. TRANSPORTATION LINE RESPONSIBILITY FOR

2 TRANSIT WITHOUT VISA ALIENS.

3 Section 238(c) of the Immigration and Nationality

4 Act (8 U.S.C. 1228(c)) is amended by inserting after the

5 first sentence the following: ‘‘Notwithstanding any other

6 provision of this Act and in consideration for bringing

7 aliens transiting through the United States without a visa,

8 transportation lines shall agree, as part of any contract

9 entered into under this section, to indemnify the United

10 States against any costs for the detention and removal

11 from the United States of any such alien who for any

12 reason—

13 ‘‘(1) is refused admission to the United States;

14 ‘‘(2) fails to continue his or her journey to a

15 foreign country within the time prescribed by regula16 tion; or

17 ‘‘(3) is refused admission by the foreign country

18 to which the alien is travelling while transiting

19 through the United States.’’.

20 SEC. 506. AUTHORITY TO DETERMINE VISA PROCESSING

21 PROCEDURES.

22 Section 202(a)(1) of the Immigration and Nationality

23 Act (8 U.S.C. 1152(a)(1)) is amended by inserting before

24 the period at the end the following: ‘‘Provided, however,

25 That nothing in this subsection shall be construed to limit

26 the authority of the Secretary of State to determine the
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1 procedures for the processing of immigrant visa applica2 tions or the locations where such applications will be proc3 essed.’’.

4 SEC. 507. BORDER SERVICES USER FEE.

5 Section 286 of the Immigration and Nationality Act

6 (8 U.S.C. 1356) is amended by inserting the following new

7 subsection:

8 ‘‘(s)(1) In addition to any other fee authorized by

9 law, the Attorney General shall charge and collect a fee,

10 in United States currency, for border-related services and

11 enforcement, at ports selected by the states in which they

12 are located to participate in the border services user fee

13 program. The fee shall be $1.50 for each noncommercial

14 conveyance and $.75 for each pedestrian, for every land

15 border entry, including persons arriving via ferries on any

16 body of water which forms a part of the borders and

17 boundaries contiguous to the United States. Commercial

18 conveyances transporting passengers through passenger

19 processing facilities shall be charged the pedestrian fee for

20 the operator and each passenger, except that crewmen on

21 ferries shall not be charged and conveyances on ferries will

22 be charged the conveyance fee. These funds shall be avail23 able to the Attorney General in accordance with this

24 section.
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1 ‘‘(2) To the greatest extent practicable, fee revenues

2 will be reinvested in participating ports in amounts that

3 are approximately proportionate to the amounts collected

4 at those ports and will not be used to substitute for the

5 resources that would be allocated to the ports if they were

6 not in the program, but will be added to the funds that

7 would otherwise be dedicated to port spending.

8 ‘‘(3)(A) Each State that selects one or more ports

9 to participate in the border services user fee program may

10 establish a Border Services Council for each participating

11 port.

12 ‘‘(B) The Councils shall develop spending priorities

13 for the ports and submit those priorities to the Attorney

14 General or his or her designated representative:

15 ‘‘(i) PORT SERVICES.—The Attorney General or

16 his or her designee shall account for these priorities

17 in reinvesting fee revenues to fund additional perma18 nent and temporary immigration inspectors and re19 lated support; the addition, improvement, and modi20 fication of facilities at ports of entry and border

21 areas contiguous to those ports; the expansion, oper22 ation, and maintenance of information systems and

23 advanced technologies related to port-related services

24 and enforcement; and the enhancement of facilita-
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1 tion of legal traffic and the reduction of border vio2 lence and smuggling.

3 ‘‘(ii) PORT-RELATED ENHANCEMENTS.—The

4 Attorney General shall grant all revenues available

5 for expenses above and beyond the costs set forth in

6 subparagraph (1) to the Councils. These grant funds

7 shall be spent on enhancements outside the port that

8 facilitate operation of the port or otherwise enhance

9 the flow of people or goods across the border.

10 ‘‘(iii) For ports without Border councils, the At11 torney General or his or her designee shall make

12 grants of all funds beyond those used for the pur13 poses of subparagraph (1) to other ports.

14 ‘‘(C) The membership of the Councils shall include—

15 ‘‘(i) three State representatives appointed by

16 the Governor, at least one of which shall represent

17 business interests;

18 ‘‘(ii) three local representatives appointed by

19 the Mayor, the County Board of Supervisors, the

20 Town Council, or other local governing body, as de21 termined by the State; and

22 ‘‘(iii) three Federal representatives, including a

23 Service representative appointed by the Commis24 sioner; a Customs representative appointed by the

25 Commissioner of the Customs Service; and a GSA
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1 representative appointed by the Administrator of

2 General Services.

3 ‘‘(D) The Councils shall be exempt from the require4 ments of the Federal Advisory Committees Act (5 U.S.C.

5 App.). All Council meetings shall be open to the public.

6 ‘‘(E) States that select ports for participation in the

7 border services user fee program may withdraw those

8 ports from the program—

9 ‘‘(i) after amortizing any improvements that

10 have been made with revenues from the program;

11 and

12 ‘‘(ii) after providing one year’s notice, to allow

13 the Federal agencies to comply with the proper pro14 cedures for relocating or terminating inspectors and

15 other personnel.

16 ‘‘(4) The Attorney General may—

17 ‘‘(A) develop and implement special discounted

18 fee programs for frequent border crossers;

19 ‘‘(B) adjust the border crossing user fee peri20 odically to compensate for inflation, based on a na21 tional average of the consumer price index, and

22 other escalation in the cost of carrying out the pur23 poses of this Act; and

24 ‘‘(C) contract with private and public sector en25 tities to collect the fee and require the collection of
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1 the fee to be performed by local bridge, tunnel and

2 other transportation authorities operating in the

3 United States, including ferry operators, adjacent to

4 ports of entry, where such authorities exist. Such

5 authorities shall be reimbursed for administrative

6 costs related to collection of the fee.

7 ‘‘(5) Nothing is this section shall be construed to

8 limit the methods used for fee collection, including out9 bound collection of the fee.

10 ‘‘(6) All of the fees collected under this subsection

11 shall be deposited as offsetting governmental receipts in

12 a separate account within the Treasury of the United

13 States, to be expended in accordance with subsection (2)

14 of this section. Such account shall be known as the Border

15 Services User Fee Account.

16 ‘‘(7) START-UP COSTS.—The Attorney General is au17 thorized to advance from the Working Capital Fund of

18 the Department of Justice to the Border Services User

19 Fee Account the funds required to implement the Border

20 Services User Fee. Receipts from this Fee shall be trans21 ferred from the Border Services User Fee Account and

22 deposited as offsetting receipts to the Working Capital

23 Fund of the Department of Justice, up to the amount ad24 vanced by the Fund to liquidate the advance provided by

25 the Department of Justice Working Capital Fund.
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1 ‘‘(8) EFFECTIVE DATE.—The Attorney General shall

2 begin collection of the fee in a participating State not later

3 than twelve months from the date the State notifies the

4 Attorney General that it has selected ports to participate

5 in the border services user fee program.

6 ‘‘(9) PENALTIES FOR NONPAYMENT.—The Attorney

7 General may establish penalties for non-payment of fees

8 as determined to be necessary to ensure compliance with

9 the provisions of this section.

10 ‘‘(10) REGULATIONS.—The Attorney General may

11 prescribe such rules and regulations as may be necessary

12 to carry out the provisions of this section.’’.

13 TITLE VI—MISCELLANEOUS AND

14 TECHNICAL AMENDMENTS

15 SEC. 601. ALIEN PROSTITUTION.

16 Section 2424 of title 18 of the United States Code

17 is amended by—

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

19 (A) striking ‘‘alien’’;

20 (B) inserting after ‘‘individual’’ the first

21 time it appears ‘‘, knowing or in reckless dis22 regard of the fact that said individual is an

23 alien,’’; and

24 (C) striking ‘‘within three years after that

25 individual has entered the United States from
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1 any country, party to the arrangement adopted

2 July 25, 1902, for the suppression of the white3 slave traffic’’;

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

5 (A) striking ‘‘thirty’’ and inserting ‘‘five

6 business’’; and

7 (B) striking ‘‘within three years after that

8 individual has entered the United States from

9 any country, party to the said arrangement for

10 the suppression of the white slave traffic’’;

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

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

13 (4) in subsection (b), striking ‘‘.’’ after ‘‘failing

14 to comply with this section’’ and inserting ‘‘, or for

15 enforcement of the provisions of section 274A of the

16 Immigration and Nationality Act, as amended.’’.

17 SEC. 602. GRANTS TO STATES FOR MEDICAL ASSISTANCE

18 TO UNDOCUMENTED IMMIGRANTS.

19 (a) IN GENERAL.—In order to assist States to meet

20 the costs of providing treatment to certain aliens for emer21 gency medical conditions, there are authorized to be ap22 propriated $150,000,000 for each of fiscal years 1996

23 through 2000.

24 (b) ALLOTMENTS.—
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1 (1) From the sums appropriated pursuant to

2 subsection (a) for a fiscal year, the Secretary of

3 Health and Human Services shall determine, with

4 respect to each State with a plan approved under

5 title XIX of the Social Security Act, an allotment for

6 each such State which shall be the amount which

7 bears the same ratio to the amount appropriated for

8 such fiscal year as the sum of such State’s allot9 ments for fiscal years 1988 through 1994 under sec10 tion 204 of the Immigration Reform and Control

11 Act of 1986 bears to the total of such allotments for

12 all the States for such fiscal years.

13 (2) In the case of any State for which the allot14 ment determined under paragraph (1) for a fiscal

15 year is less than 1 percent of the amount appro16 priated pursuant to subsection (a) for such year, no

17 allotment shall be made, and in the case of any

18 other State which notifies the Secretary that all or

19 part of its allotment will not be needed for the pur20 pose for which it is available, the State’s allotment

21 shall be made as determined under paragraph (1),

22 and then reduced by the unneeded portion. There

23 shall be allotted to each of the remaining States the

24 amount determined with respect to each such State

25 under paragraph (1), together with the additional al-
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1 lotments provided below in this paragraph. The total

2 of—

3 (A) the amount of allotments determined

4 under paragraph (1) but not made, and

5 (B) the amount of the reductions under

6 the preceding sentence,

7 shall also be allotted among each of the remaining

8 States as follows: the allotment of each such remain9 ing State shall be increased by an amount which

10 bears the same ratio to such total as the allotment

11 amount determined with respect to such State for

12 the fiscal year involved under paragraph (1) bears to

13 the sum of such allotment amounts for all such re14 maining States for such fiscal year.

15 (c) USE OF FUNDS.—Payments under this section

16 may only be used to provide the non-Federal share of ex17 penditures under the State plan approved under title XIX

18 of the Social Security Act (as required by the last sentence

19 of section 1902(a) of such Act) for care and services nec20 essary for the treatment of an emergency condition that

21 are furnished to an alien who is not a qualified alien under

22 section 250A(c) of the Immigration and Nationality Act.

23 (d) PAYMENT OF FUNDS.—In order to receive funds

24 under this section, the State shall certify to the Secretary

25 that funds will only be used for the purpose described in
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1 subsection (c). Thereafter, the Secretary shall from time

2 to time make payments to each State from its allotment

3 under subsection (b)(2). Payments under this section shall

4 be made to the agency responsible for administering or

5 supervising the administration of the State’s plan ap6 proved under title XIX of the Social Security Act, and

7 such payments shall be available to the State for expendi8 ture in accordance with this section in the year allotted

9 or in any subsequent fiscal year.

10 (e) DEFINITION.—As used in this section, the term

11 ‘‘State’’ has the meaning given such term, for purposes

12 of title XIX of the Social Security Act, under section

13 1101(a)(1) of such Act.

14 SEC. 603. TECHNICAL CORRECTIONS TO VIOLENT CRIME

15 CONTROL ACT AND TECHNICAL CORREC16 TIONS ACT.

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

18 Control Act of 1994, Public Law 103–322, is amended

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

20 subsection (j)’’.

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

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

23 of the Violent Crime Control Act of 1994.

24 (b)(1) Section 106(d)(1)(D) of the Immigration and

25 Nationality Act (8 U.S.C. 1105a), as amended by section
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1 130004(b) of the Violent Crime Control Act of 1994 (Pub2 lic Law 103–322) is amended by striking ‘‘242A(b)(5)’’

3 and inserting ‘‘242A(b)(4)’’.

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

5 effective as if originally included in section 130004(b) of

6 the Violent Crime Control Act of 1994.

7 (c)(1) Section 242A(d)(4) of the Immigration and

8 Nationality Act (8 U.S.C. 1252a(d)(4)), as added by sec9 tion 223 of the Immigration and Nationality Technical

10 Corrections Act of 1994, Public Law 103–416, is amended

11 by striking ‘‘without a decision on the merits’’.

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

13 effective as if originally included in section 223 of Public

14 Law 103–416.

15 SEC. 604. EXPEDITIOUS DEPORTATION.

16 Section 225 of the Immigration and Nationality

17 Technical Corrections Act of 1994, Public Law 103–416,

18 is amended by striking the words ‘‘section 242(i) of the

19 Immigration and Nationality Act (8 U.S.C. 1252(i))’’ and

20 substituting in lieu thereof, ‘‘sections 242(i) or 242A of

21 the Immigration and Nationality Act (8 U.S.C. 1252(i)

22 or 1252a)’’.

23 SEC. 605. AUTHORIZATION FOR USE OF VOLUNTEERS.

24 Notwithstanding any other provision of law, the At25 torney General may accept, administer, and utilize gifts
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1 of services from any person for the purpose of providing

2 administrative assistance to the Immigration and Natu3 ralization Service in administering programs relating to

4 naturalization, adjudications at ports of entry, and re5 moval of criminal aliens. Nothing in this section shall re6 quire the Attorney General to accept the services of any

7 person.

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