II

103D CONGRESS

1ST SESSION S. 1358

To amend the Immigration and Nationality Act to improve immigration

enforcement and anti-smuggling activities, to reform the asylum law,

and to authorize appropriations for the Immigration and Naturalization

Service.

IN THE SENATE OF THE UNITED STATES

AUGUST 4 (legislative day, JUNE 30), 1993

Mr. JOHNSTON 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 improve

immigration enforcement and anti-smuggling activities,

to reform the asylum law, and to authorize appropriations for the Immigration and Naturalization Service.

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; AMENDMENTS MADE BY ACT;

4 TABLE OF CONTENTS.

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

6 ‘‘Immigration Enforcement and Asylum Reform Act of

7 1993’’.
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1 (b) AMENDMENTS TO IMMIGRATION AND NATIONAL2 ITY ACT.—Except as otherwise expressly provided, when3 ever in this Act an amendment or repeal is expressed in

4 terms of an amendment to, or repeal of, a section or other

5 provision, the reference shall be considered to be made to

6 a section or other provision of the Immigration and

7 Nationality Act.

8 (c) TABLE OF CONTENTS.—The table of contents of

9 this Act is as follows:

Sec. 1. Short title; amendments made by Act; table of contents.

TITLE I—SMUGGLING AND FRAUD

Sec. 101. Inspection and exclusion by immigration officers.

Sec. 102. Enhanced penalties for alien smuggling.

Sec. 103. Effective date.

TITLE II—ASYLUM

Sec. 201. Asylum.

Sec. 202. Failure to appear for provisional asylum hearing; judicial review.

Sec. 203. Conforming amendments.

Sec. 204. Effective dates.

TITLE III—INSPECTIONS

Sec. 301. Preinspection at foreign airports.

Sec. 302. Expediting airport immigration processing.

Sec. 303. Visa waiver program.

Sec. 304. Training of airline personnel in detection of fraudulent documents.

TITLE IV—AUTHORIZATION OF APPROPRIATIONS FOR THE

IMMIGRATION AND NATURALIZATION SERVICE

Sec. 401. Authorization of appropriations for I.N.S. for fiscal years 1994 and

1995.

10 TITLE I—SMUGGLING AND FRAUD

11 SEC. 101. INSPECTION AND EXCLUSION BY IMMIGRATION

12 OFFICERS.

13 (a) IN GENERAL.—Section 235(b) (8 U.S.C.

14 1225(b)) is amended to read as follows:
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1 ‘‘(b) INSPECTION AND EXCLUSION BY IMMIGRATION

2 OFFICERS.—

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

4 alien who is seeking entry to the United States.

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

6 determines that an alien seeking entry—

7 ‘‘(i) does not present the documentation

8 required (if any) to obtain legal entry to the

9 United States; and

10 ‘‘(ii) does not indicate either an intention

11 to apply for provisional asylum (under section

12 208) or a fear of persecution,

13 the officer shall order the alien excluded from the

14 United States without further hearing or review.

15 ‘‘(B) The examining immigration officer shall

16 refer for immediate inspection at the port of entry

17 by an asylum officer under subparagraph (C) any

18 alien who (i) does not present the documentation re19 quired (if any) to obtain legal entry to the United

20 States, and (ii) has indicated an intention to apply

21 for provisional asylum or a fear of persecution.

22 ‘‘(C)(i) If an asylum officer determines that an

23 alien has a credible fear of persecution, the alien

24 shall be entitled to apply for provisional asylum

25 under section 208.
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1 ‘‘(ii)(I) Subject to subclause (II), if an asylum

2 officer determines that an alien does not have a

3 credible fear of persecution the officer shall order

4 the alien excluded from the United States without

5 further hearing or review.

6 ‘‘(II) The Attorney General shall promulgate

7 regulations to provide for the immediate review by

8 another asylum officer at the port of entry of a deci9 sion under subclause (I).

10 ‘‘(iii) For the purposes of this subparagraph,

11 the term ‘credible fear of persecution’ means (I) that

12 it is more probable than not that the statements

13 made by the alien in support of his or her claim are

14 true, and (II) that there is a significant possibility,

15 in light of such statements and of such other facts

16 as are known to the officer that the alien could es17 tablish eligibility for provisional asylum under sec18 tion 208.

19 ‘‘(iv) Notwithstanding any other provision of

20 law, no court shall have jurisdiction to review, except

21 by petition for habeas corpus, any determination

22 made with respect to an alien found excludable pur23 suant to this paragraph. In any such case, review by

24 habeas corpus shall be limited to examination of

25 whether the petitioner (I) is an alien, and (II) was
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1 ordered excluded from the United States pursuant to

2 this paragraph.

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

4 (B), if the examining immigration officer determines

5 that an alien seeking entry is not clearly and beyond

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

7 for a hearing before a special inquiry officer.

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

9 not apply—

10 ‘‘(i) to an alien crewman,

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

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

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

14 273(d) exist.

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

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

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

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

20 before a special inquiry officer for a hearing on

21 exclusion of the alien.

22 ‘‘(5)(A) Subject to subparagraph (B), an alien

23 has not entered the United States for purposes of

24 this Act unless and until such alien has been in-
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1 spected and admitted by an immigration officer pur2 suant to this subsection.

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

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

5 the United States for a continuous period of one

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

7 by an immigration officer shall be deemed to have

8 entered the United States without inspection.’’.

9 (b) CONFORMING AMENDMENTS.—Section 237(a) (8

10 U.S.C. 1227(a)) is amended—

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

12 striking ‘‘Deportation’’ and inserting ‘‘Subject to

13 section 235(b)(2), deportation’’; and

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

15 striking ‘‘If’’ and inserting ‘‘Subject to section

16 235(b)(2), if’’.

17 SEC. 102. ENHANCED PENALTIES FOR ALIEN SMUGGLING.

18 (a) ADDITIONAL CRIMINAL PENALTY.—Section

19 274(a)(1) (8 U.S.C. 1324(a)(1)) is amended—

20 (1) by striking ‘‘or’’ at the end of subparagraph

21 (C),

22 (2) by striking the comma at the end of sub23 paragraph (D) and inserting ‘‘; or’’,

24 (3) by inserting after subparagraph (D) the fol25 lowing:
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1 ‘‘(E) contracts or agrees with another party for

2 that party to provide, for employment by the person

3 or another, an alien who is not authorized to be em4 ployed in the United States, knowing that such

5 party intends to cause such alien to be brought into

6 the United States in violation of the laws of the

7 United States,’’, and

8 (4) by striking ‘‘five years’’ and inserting ‘‘ten

9 years’’.

10 (b) TREATMENT OF SMUGGLING AS AN AGGRAVATED

11 FELONY.—The first sentence of section 101(a)(43) (8

12 U.S.C. 1101(a)(43)) is amended by inserting ‘‘or any of13 fense under section 274(a)’’ before ‘‘for which the term

14 of imprisonment’’.

15 SEC. 103. EFFECTIVE DATE.

16 (a) IN GENERAL.—Except as otherwise provided, the

17 amendments made by this title shall take effect on the

18 date of the enactment of this Act and shall apply to aliens

19 who arrive in or seek admission to the United States on

20 or after such date.

21 (b) SMUGGLING.—The amendment made by section

22 102(b) shall apply to offenses for which convictions are

23 entered before, on, or after the date of the enactment of

24 this Act.
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1 (c) INTERIM REFERENCE TO PROVISIONAL ASY2 LUM.—Any reference in section 235(b)(2) of the Immigra3 tion and Nationality Act (as amended by section 101(a)

4 of this Act) to provisional asylum under section 208 of

5 the Immigration and Nationality Act shall be deemed, be6 fore the effective date of the amendment made by section

7 201(a), to be a reference to asylum under section 208 of

8 such Act.

9 TITLE II—ASYLUM

10 SEC. 201. ASYLUM.

11 (a) IN GENERAL.—Section 208 (8 U.S.C. 1158) is

12 amended to read as follows:

13 ‘‘ASYLUM

14 ‘‘SEC. 208. (a) PROVISIONAL ASYLUM.—

15 ‘‘(1) RIGHT TO APPLY.—An alien physically

16 present in the United States or at a land border or

17 port of entry, irrespective of such alien’s status, may

18 apply for provisional asylum in accordance with this

19 section.

20 ‘‘(2) CONDITIONS FOR GRANTING.—

21 ‘‘(A) MANDATORY CASES.—The Attorney

22 General shall grant provisional asylum to an

23 alien if the alien applies for provisional asylum

24 in accordance with the requirements of this sec25 tion and establishes that it is more likely than

26 not that in the alien’s country of nationality
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1 (or, in the case of a person having no national2 ity, the country in which such alien last habit3 ually resided) such alien’s life or freedom would

4 be threatened on account of race, religion, na5 tionality, membership in a particular social

6 group, or political opinion.

7 ‘‘(B) DISCRETIONARY CASES.—The Attor8 ney General may grant provisional asylum to an

9 alien if the alien applies for provisional asylum

10 in accordance with the requirements of this sec11 tion and establishes that the alien has good rea12 son to fear persecution in the alien’s country of

13 nationality (or, in the case of a person having

14 no nationality, the country in which such alien

15 last habitually resided) on account of race, reli16 gion, nationality, membership in a particular

17 social group, or political opinion.

18 ‘‘(C) EXCEPTION.—Subparagraphs (A)

19 and (B) shall not apply to an alien if the

20 Attorney General determines that—

21 ‘‘(i) the alien ordered, incited, as22 sisted, or otherwise participated in the per23 secution of any person on account of race,

24 religion, nationality, membership in a par25 ticular social group, or political opinion;
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1 ‘‘(ii) the alien, having been convicted

2 by a final judgment of a particularly seri3 ous crime, constitutes a danger to the com4 munity of the United States;

5 ‘‘(iii) there are serious reasons for be6 lieving that the alien has committed a seri7 ous nonpolitical crime outside the United

8 States prior to the arrival of the alien in

9 the United States;

10 ‘‘(iv) there are reasonable grounds for

11 regarding the alien as a danger to the se12 curity of the United States; or

13 ‘‘(v) a country willing to accept the

14 alien has been identified (other than the

15 country described in subparagraph (A)) to

16 which the alien can be deported or re17 turned and the alien does not establish

18 that it is more likely than not that the

19 alien’s life or freedom would be threatened

20 in such country on account of race, reli21 gion, nationality, membership in a particu22 lar social group, or political opinion.

23 For purposes of clause (ii), an alien who

24 has been convicted of an aggravated felony shall

25 be considered to have committed a particularly
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1 serious crime. The Attorney General shall pro2 mulgate regulations that specify additional

3 crimes that will be considered to be a crime de4 scribed in clause (ii) or clause (iii). The Attor5 ney General shall promulgate regulations estab6 lishing such additional limitations and condi7 tions as the Attorney General considers appro8 priate under which an alien shall be ineligible to

9 apply for provisional asylum under subpara10 graph (B).

11 ‘‘(3) PROVISIONAL ASYLUM STATUS.—In the

12 case of any alien granted provisional asylum under

13 paragraph (2), the Attorney General, in accordance

14 with this section—

15 ‘‘(A) shall not deport or return the alien to

16 the country described under paragraph (2)(A);

17 ‘‘(B) shall authorize the alien to engage in

18 employment in the United States and provide

19 the alien with an ‘employment authorized’ en20 dorsement or other appropriate work permit;

21 and

22 ‘‘(C) may allow the alien to travel abroad

23 with the prior consent of the Attorney General.

24 ‘‘(4) TERMINATION.—Provisional asylum grant25 ed under paragraph (2) may be terminated if the At-
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1 torney General, pursuant to such regulations as the

2 Attorney General may prescribe, determines that—

3 ‘‘(A) the alien no longer meets the condi4 tions described in paragraph (2) owing to a

5 change in circumstances in the alien’s country

6 of nationality or, in the case of an alien having

7 no nationality, in the country in which the alien

8 last habitually resided;

9 ‘‘(B) the alien meets a condition described

10 in paragraph (2)(C); or

11 ‘‘(C) a country willing to accept the alien

12 has been identified (other than the country de13 scribed in paragraph (2)) to which the alien can

14 be deported or returned and the alien cannot

15 establish that it is more likely than not that the

16 alien’s life or freedom would be threatened in

17 such country on account of race, religion, na18 tionality, membership in a particular social

19 group, or political opinion.

20 ‘‘(5) ACCEPTANCE BY ANOTHER COUNTRY.—In

21 the case of an alien described in paragraph (2)(C)(v)

22 or paragraph (4)(C), the alien’s deportation or re23 turn shall be directed by the Attorney General in the

24 sole discretion of the Attorney General, to any coun25 try which is willing to accept the alien into its terri-
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1 tory (other than the country described in paragraph

2 (2)).

3 ‘‘(b) PROVISIONAL ASYLUM PROCEDURE.—

4 ‘‘(1) APPLICATIONS.—

5 ‘‘(A) IN GENERAL.—

6 ‘‘(i) DEADLINE.—Subject to clause

7 (ii), an alien’s application for provisional

8 asylum shall not be considered under this

9 section unless—

10 ‘‘(I) the alien has filed, not later

11 than 30 days after entering or coming

12 to the United States, notice of inten13 tion to file such an application, and

14 ‘‘(II) such application is actually

15 filed not later than 60 days after en16 tering or coming to the United States.

17 ‘‘(ii) EXCEPTION.—An application for

18 provisional asylum may be considered, not19 withstanding that the requirements of

20 clause (i) have not been met, only if the

21 alien demonstrates by clear and convincing

22 evidence changed circumstances in the

23 alien’s country of nationality (or in the

24 case of an alien with no nationality, in the

25 country where the alien last habitually re-
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1 sided) affecting eligibility for provisional

2 asylum.

3 ‘‘(B) REQUIREMENTS.—An application for

4 provisional asylum shall not be considered un5 less the alien submits to the taking of finger6 prints and a photograph in a manner deter7 mined by the Attorney General.

8 ‘‘(C) FEES.—The Attorney General may

9 provide for a reasonable fee for the consider10 ation of an application for provisional asylum or

11 for any employment authorization under sub12 section (a)(3)(B).

13 ‘‘(D) NOTICE OF PRIVILEGE OF COUNSEL

14 AND CONSEQUENCES OF FRIVOLOUS APPLICA15 TION.—

16 ‘‘(i) NOTICE.—At the time of filing a

17 notice of intention to apply for provisional

18 asylum, the alien shall be advised of the

19 privilege of being represented (at no ex20 pense to the Government) by such counsel,

21 authorized to practice in such proceedings,

22 as the alien shall choose and of the con23 sequences, under subsection (d), of filing a

24 frivolous application for provisional asy25 lum.
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1 ‘‘(ii) PROVISION OF LIST OF COUN2 SEL.—The Attorney General shall provide

3 for lists (updated not less often than quar4 terly) of persons who have indicated their

5 availability to represent pro bono aliens in

6 provisional asylum proceedings. Such lists

7 shall be provided to the alien at the time

8 of filing of notice of intention to apply for

9 provisional asylum, and otherwise be made

10 generally available.

11 ‘‘(2) CONSIDERATION OF APPLICATIONS; HEAR12 INGS.—

13 ‘‘(A) ASYLUM OFFICERS.—Applications for

14 provisional asylum shall be considered by offi15 cers of the Service (referred to in this Act as

16 ‘asylum officers’) who are specially designated

17 by the Service as having special training and

18 knowledge of international conditions and

19 human rights records of foreign countries.

20 Pending the designation of such officers, indi21 viduals who as of the date of the enactment of

22 the Immigration Enforcement and Asylum Re23 form Act of 1993 are authorized to perform du24 ties as asylum officers shall be deemed to be
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1 qualified to be asylum officers for purposes of

2 this Act.

3 ‘‘(B) SCHEDULING OF HEARINGS.—

4 ‘‘(i) IN GENERAL.—Upon the filing of

5 an application for provisional asylum, an

6 asylum officer, at the earliest practicable

7 time and after consultation with the attor8 ney for the Government and the attorney

9 (if any) for the applicant, shall set the ap10 plication for hearing on a day certain or

11 list it on a weekly or other short-term cal12 endar, so as to assure a speedy hearing.

13 ‘‘(ii) DEADLINE.—Unless the appli14 cant (or an attorney for the applicant) con15 sents in writing to the contrary, the hear16 ing on the provisional asylum application

17 shall commence not later than 45 days

18 after the date the application was filed.

19 ‘‘(C) PUBLIC HEARINGS.—A hearing on a

20 provisional asylum application shall be open to

21 the public unless the applicant requests that it

22 be closed to the public.

23 ‘‘(D) RIGHTS IN HEARINGS.—The officer

24 shall conduct the hearing in a nonadversarial

25 manner. During such hearing, the applicant
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1 shall have the privilege of the assistance and

2 participation of counsel (as provided under

3 paragraph (1)(D)) and shall be entitled to

4 present evidence and witnesses, to examine and

5 object to evidence presented by the Government,

6 and to cross-examine all witnesses presented by

7 the Government.

8 ‘‘(E) COUNTRY CONDITIONS.—An officer

9 may request opinions regarding country condi10 tions from the Secretary of State, but shall not

11 request or consider recommendations from the

12 Secretary of State as to whether a particular

13 named individual should or should not be

14 granted provisional asylum.

15 ‘‘(F) TRANSCRIPT OF HEARINGS.—A com16 plete record of the proceedings and of all testi17 mony and evidence produced at the hearing

18 shall be kept. The hearing shall be recorded

19 verbatim. The Attorney General and the Service

20 shall provide that a transcript of a hearing held

21 under this section is made available not later

22 than 10 days after the date of completion of the

23 hearing.

24 ‘‘(G) DEADLINE FOR DETERMINATIONS ON

25 APPLICATIONS.—The officer shall render a de-
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1 termination on the application not later than 30

2 days after the date of completion of the hear3 ing. The determination of the officer shall be

4 based only on the evidence produced at the

5 hearing.

6 ‘‘(H) RESOURCE ALLOCATION.—The At7 torney General shall allocate sufficient re8 sources so as to assure that applications for

9 provisional asylum are heard and determined on

10 a timely basis. However, nothing in this para11 graph relating to scheduling or deadlines shall

12 be construed as creating any right or benefit,

13 substantive or procedural, which is legally en14 forceable by any party against the United

15 States, its agencies, its officers, or any other

16 person.

17 ‘‘(I) SANCTIONS FOR FAILURE TO AP18 PEAR.—

19 ‘‘(i) Subject to clause (ii), the applica20 tion for provisional asylum of an alien who

21 does not appear for a hearing on such ap22 plication shall be summarily dismissed un23 less the alien can show exceptional cir24 cumstances (as defined in section
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1 242B(f)(2)) as determined by the asylum

2 officer.

3 ‘‘(ii) Clause (i) shall not apply if writ4 ten and oral notice were not provided as

5 required by section 242B(e)(4)(B).

6 ‘‘(J) FINALITY OF DETERMINATIONS.—

7 ‘‘(i) IN GENERAL.—The decision of

8 the asylum officer shall be the final admin9 istrative determination of a claim for provi10 sional asylum.

11 ‘‘(ii) TREATMENT OF CASES IN EX12 CLUSION OR DEPORTATION.—If proceed13 ings are instituted against an alien under

14 section 235 or 242 of this Act and the

15 alien files an application for provisional

16 asylum based on circumstances described

17 in subsection (b)(1)(A)(ii), the asylum offi18 cer shall render, on an expedited basis, a

19 decision on the application.

20 ‘‘(c) ASYLUM.—

21 ‘‘(1) ADJUSTMENT OF STATUS.—Under such

22 regulations as the Attorney General may prescribe,

23 the Attorney General shall adjust to the status of an

24 alien granted asylum the status of any alien granted

25 provisional asylum under subsection (a)(2)(A) who—
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1 ‘‘(A) applies for such adjustment;

2 ‘‘(B) has been physically present in the

3 United States for at least 1 year after being

4 granted provisional asylum;

5 ‘‘(C) continues to be eligible for provisional

6 asylum under this section; and

7 ‘‘(D) is admissible under this Act at the

8 time of examination for adjustment of status

9 under this subsection.

10 ‘‘(2) TREATMENT OF SPOUSE AND CHIL11 DREN.—A spouse or child (as defined in section

12 101(b) (A), (B), (C), (D), or (E)) of an alien whose

13 status is adjusted to that of an alien granted asylum

14 under paragraph (a)(2) may be granted the same

15 status as the alien if accompanying, or following to

16 join, such alien.

17 ‘‘(3) APPLICATION FEES.—The Attorney Gen18 eral may impose a reasonable fee for the filing of an

19 application for asylum under this subsection.

20 ‘‘(d) DENIAL OF IMMIGRATION BENEFITS FOR FRIV21 OLOUS APPLICATIONS.—

22 ‘‘(1) IN GENERAL.—If the asylum officer deter23 mines that an alien has made a frivolous application

24 for provisional asylum under this section and the

25 alien has received the notice under subsection
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1 (b)(1)(D)(i), the alien shall be permanently ineligible

2 for any benefits under this Act, effective as of the

3 date of a final determination on such application.

4 ‘‘(2) TREATMENT OF MATERIAL MISREPRESEN5 TATIONS.—For purposes of this subsection, an appli6 cation considered to be ‘frivolous’ includes, but is

7 not limited to, an application which contains a will8 ful misrepresentation or concealment of a material

9 fact.’’.

10 (b) CLERICAL AMENDMENT.—The item in the table

11 of contents relating to section 208 is amended to read as

12 follows:

‘‘Sec. 208. Asylum.’’.

13 SEC. 202. FAILURE TO APPEAR FOR PROVISIONAL ASYLUM

14 HEARING; JUDICIAL REVIEW.

15 (a) FAILURE TO APPEAR FOR PROVISIONAL ASYLUM

16 HEARING.—Section 242B(e)(4) (8 U.S.C. 1252b(e)(4)) is

17 amended—

18 (1) in the heading, by striking ‘‘ASYLUM’’ and

19 inserting ‘‘PROVISIONAL ASYLUM’’;

20 (2) by striking ‘‘asylum’’ each place it appears

21 and inserting ‘‘provisional asylum’’; and

22 (3) in subparagraph (A), by striking all after

23 clause (iii) and inserting ‘‘shall not be eligible for

24 any benefits under this Act.’’.
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1 (b) JUDICIAL REVIEW.—Section 106 (8 U.S.C.

2 1105a) is amended by adding at the end the following sub3 section:

4 ‘‘(d) The procedure prescribed by, and all the provi5 sions of chapter 158 of title 28, United States Code, shall

6 apply to, and shall be the sole and exclusive procedure for,

7 the judicial review of all final orders granting or denying

8 provisional asylum, except that—

9 ‘‘(1) a petition for review may be filed not later

10 than 90 days after the date of the issuance of the

11 final order granting or denying provisional asylum;

12 ‘‘(2) the venue of any petition for review under

13 this subsection shall be in the judicial circuit in

14 which the administrative proceedings before an asy15 lum officer were conducted in whole or in part, or

16 in the judicial circuit wherein is the residence, as de17 fined in this Act, of the petitioner, but not in more

18 than one circuit; and

19 ‘‘(3) notwithstanding any other provision of

20 law, a determination granting or denying provisional

21 asylum based on changed circumstances pursuant to

22 section 208(b)(1)(A)(ii) shall be in the sole discre23 tion of the asylum officer.’’.
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1 SEC. 203. CONFORMING AMENDMENTS.

2 (a) LIMITATION ON DEPORTATION.—Section 243 (8

3 U.S.C. 1253) is amended by striking subsection (h).

4 (b) ADJUSTMENT OF STATUS.—Section 209(b) (8

5 U.S.C. 1159(b)) is amended—

6 (1) in paragraph (2) by striking ‘‘one year’’ and

7 inserting ‘‘2 years’’; and

8 (2) by amending paragraph (3) to read as

9 follows:

10 ‘‘(3) continues to be eligible for provisional asy11 lum under section 208,’’.

12 (c) ALIENS INELIGIBLE FOR TEMPORARY PRO13 TECTED STATUS.—Section 244A(c)(2)(B)(ii) (8 U.S.C.

14 1254a(c)(2)(B)(ii)) is amended by striking ‘‘section

15 243(h)(2)’’ and inserting ‘‘clauses (i), (ii), (iii), or (iv) of

16 section 208(a)(2)(B)’’.

17 (d) ELIGIBILITY FOR NATURALIZATION.—Section

18 316(f)(1) (8 U.S.C. 1427(f)(1)) is amended by striking

19 ‘‘subparagraphs (A) through (D) of paragraph 243(h)(2)’’

20 and inserting ‘‘clauses (i), (ii), (iii), or (iv) of section

21 208(a)(2)(B).’’.

22 (e) FAMILY UNITY.—Section 301(e) of the Immigra23 tion Act of 1990 (P.L. 101–649) is amended by striking

24 ‘‘section 243(h)(2)’’ and inserting ‘‘clauses (i), (ii), (iii),

25 or (iv) of section 208(a)(2)(B).’’.
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1 SEC. 204. EFFECTIVE DATES.

2 (a) IN GENERAL.—Except as otherwise provided, the

3 amendments made by this title shall take effect on the

4 date of the enactment of this Act.

5 (b) EXCEPTIONS.—

6 (1) The amendments made by this title shall

7 not apply to applications for asylum or withholding

8 of deportation made before the first day of the first

9 month that begins more than 180 days after the

10 date of the enactment of this Act and no application

11 for provisional asylum under section 208 of the Im12 migration and Nationality Act (as amended by sec13 tion 201 of this Act) shall be considered before such

14 first day.

15 (2) In applying section 208(b)(1)(A) of the Im16 migration and Nationality Act (as amended by this

17 title) in the case of an alien who has entered or

18 came to the United States before the first day de19 scribed in paragraph (1), notwithstanding the dead20 lines specified in such section—

21 (A) the deadline for the filing of a notice

22 of intention to file an application for provisional

23 asylum is 30 days after such first day, and

24 (B) the deadline for the filing of the appli25 cation for provisional asylum is 30 days after

26 the date of filing such notice.
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1 (3) The amendments made by section 203(b)

2 (relating to adjustment of status) shall not apply to

3 aliens granted asylum under section 208 of the Im4 migration and Nationality Act, as in effect before

5 the date of the enactment of this Act.

6 TITLE III—INSPECTIONS

7 SEC. 301. PREINSPECTION AT FOREIGN AIRPORTS.

8 (a) IN GENERAL.—The Immigration and Nationality

9 Act is amended by inserting after section 235 the following

10 new section:

11 ‘‘PREINSPECTION AT FOREIGN AIRPORTS

12 ‘‘SEC. 235A. (a) ESTABLISHMENT OF ADDITIONAL

13 PREINSPECTION STATIONS AT HIGH VOLUME AIR14 PORTS.—Subject to subsection (c), not later than 2 years

15 after the date of the enactment of this section, the Attor16 ney General, in consultation with the Secretary of State,

17 shall establish and maintain preinspection stations in at

18 least 3 of the foreign airports that are among the 10 for19 eign airports which the Attorney General identifies as

20 serving as last points of departure for the greatest num21 bers of passengers who arrive from abroad by air at ports

22 of entry within the United States. Such preinspection sta23 tions shall be in addition to any preinspection stations es24 tablished or authorized to be established prior to the date

25 of the enactment of this section.
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1 ‘‘(b) ESTABLISHMENT OF ADDITIONAL

2 PREINSPECTION STATIONS AT CERTAIN FOREIGN AIR3 PORTS FROM WHICH UNDOCUMENTED ALIENS DEPART

4 FOR THE UNITED STATES.—

5 ‘‘(1) REPORTS TO CONGRESS.—Not later than

6 November 1, 1993, and each subsequent November

7 1, the Attorney General shall compile and submit to

8 the Committee on the Judiciary of the House of

9 Representatives and the Committee on the Judiciary

10 of the Senate a report identifying the foreign air11 ports which served as last points of departure for

12 aliens who arrived by air at United States ports of

13 entry without valid documentation during the pre14 ceding fiscal year. Such report shall indicate the

15 number and nationality of such aliens arriving from

16 each such foreign airport.

17 ‘‘(2) ESTABLISHMENT OF ADDITIONAL

18 PREINSPECTION STATIONS.—Subject to subsection

19 (c), not later than November 1, 1995, the Attorney

20 General, in consultation with the Secretary of State,

21 shall establish preinspection stations in at least 3 of

22 the foreign airports that are among the 10 foreign

23 airports identified in the first report submitted

24 under paragraph (1) as serving as the last points of

25 departure for the greatest number of aliens who ar-
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1 rive from abroad by air at points of entry within the

2 United States without valid documentation. Such

3 preinspection stations shall be in addition to any

4 preinspection stations established or authorized to be

5 established either under subsection (a) or prior to

6 the date of the enactment of this section.

7 ‘‘(3) ESTABLISHMENT OF CARRIER CONSULT8 ANT PROGRAM.—The Attorney General shall assign

9 additional immigration officers to any foreign air10 port identified in the first report submitted under

11 paragraph (1) which served as a point of departure

12 for a significant number of arrivals at United States

13 ports of entry without valid documentation, but

14 where no preinspection station is established.

15 ‘‘(c) CONDITIONS FOR ESTABLISHMENT OF

16 PREINSPECTION.—Prior to the establishment of a

17 preinspection station the Attorney General, in consultation

18 with the Secretary of State, shall ensure that—

19 ‘‘(1) employees of the United States stationed

20 at the preinspection station and their accompanying

21 family members will receive appropriate protection,

22 ‘‘(2) such employees and their families will not

23 be subject to unreasonable risks to their welfare and

24 safety, and
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1 ‘‘(3) the country in which the preinspection sta2 tion is to be established maintains practices and pro3 cedures with respect to asylum seekers and refugees

4 in accordance with the Convention Relating to the

5 Status of Refugees (done at Geneva, July 28, 1951)

6 or the Protocol Relating to the Status of Refugees

7 (done at New York, January 31, 1967).’’.

8 (b) CLERICAL AMENDMENT.—The table of contents

9 is amended by inserting after the item relating to section

10 235 the following new item:

‘‘Sec. 235A. Preinspection at foreign airports.’’.

11 SEC. 302. EXPEDITING AIRPORT IMMIGRATION PROCESS12 ING.

13 (a) PASSENGER MANIFESTS.—

14 (1) ELECTRONIC PASSENGER MANIFESTS.—Sec15 tion 231(a) (8 U.S.C. 1221(a)) is amended in the

16 first sentence by striking ‘‘typewritten’’ and insert17 ing ‘‘electronic, typewritten,’’.

18 (2) INFORMATION CONTAINED IN PASSENGER

19 MANIFEST.—Section 231(a) (8 U.S.C. 1221(a)) is

20 further amended by inserting immediately before the

21 period at the end of the second sentence ‘‘, except

22 that regulations concerning the information con23 tained in such lists may not require information

24 other than the full name, date of birth, passport

25 number, and citizenship of the person transported,
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1 and information identifying the flight on which the

2 person was transported’’.

3 (b) INSPECTION BY IMMIGRATION OFFICERS.—Sec4 tion 235(a) (8 U.S.C. 1225(a)) is amended by adding

5 after the second sentence the following: ‘‘Except as the

6 Attorney General may provide, nothing in this section

7 shall be construed as requiring a personal interview in the

8 conduct of an examination or inspection.’’.

9 (c) EXPEDITED PROCESS FOR THE INSPECTION OF

10 CITIZENS.—

11 (1) IN GENERAL.—Section 235A, as inserted by

12 section 301(a) of this Act, is amended—

13 (A) in the heading, by adding at the end

14 the following: ‘‘; EXPEDITED PROCESS FOR THE

15 INSPECTION OF CITIZENS’’, and

16 (B) by adding at the end the following new

17 subsection:

18 ‘‘(d) EXPEDITED PROCESS FOR THE INSPECTION OF

19 CITIZENS.—Not later than 90 days after the date of the

20 enactment of this section, the Attorney General shall im21 plement an expedited process for the inspection of United

22 States citizens upon arrival from abroad by air at ports

23 of entry within the United States. An expedited process

24 shall be maintained except during a national or airport
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1 specific security emergency as determined by the Attorney

2 General.’’.

3 (2) CLERICAL AMENDMENT.—The item in the

4 table of contents relating to section 235A, as in5 serted by section 301(b) of this Act, is amended to

6 read as follows:

‘‘Sec. 235A. Preinspection at foreign airports; expedited process for the inspection of citizens.’’.

7 SEC. 303. VISA WAIVER PROGRAM.

8 (a) PERMANENCY OF PROGRAM.—Section 217 (8

9 U.S.C. 1187) is amended—

10 (1) by amending the section heading to read as

11 follows:

12 ‘‘VISA WAIVER PROGRAM FOR CERTAIN VISITORS’’;

13 (2) in the heading of subsection (a), (a)(2), and

14 (c) by striking ‘‘PILOT’’ and ‘‘PILOT’’ each place ei15 ther appears and inserting ‘‘VISA WAIVER’’ and

16 ‘‘VISA WAIVER’’, respectively;

17 (3) by striking ‘‘pilot’’ each place it appears

18 and inserting ‘‘visa waiver’’;

19 (4) in subsection (a)(1) by striking ‘‘during the

20 pilot program period (as defined in subsection (e)),’’;

21 (5) in subsection (c)(3) by striking ‘‘(within the

22 pilot program period) after the initial period’’;

23 (6) in subsection (c) by striking paragraph (4);
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1 (7) in subsection (e)(1)(A) by striking

2 ‘‘(a)(1)(A)’’ and inserting ‘‘(a)(1)’’; and

3 (8) by striking subsection (f).

4 (b) ELIMINATION OF REQUIREMENT FOR EXECU5 TION OF IMMIGRATION FORMS.—Section 217 is further

6 amended—

7 (1) in subsection (a) by striking paragraph (3);

8 (2) in subsection (a) by redesignating para9 graphs (4) through (7) as paragraphs (3) through

10 (6); and

11 (3) in subsection (e)(1) by striking ‘‘subsection

12 (a)(4)’’ and inserting ‘‘subsection (a)(3)’’.

13 (c) EXCLUSION AND DEPORTATION OF APPLICANTS

14 FOR ADMISSION UNDER VISA WAIVER PROGRAM.—Sec15 tion 217(b) (8 U.S.C. 1187(b)) is amended to read as fol16 lows:

17 ‘‘(b) EXCLUSION AND DEPORTATION OF APPLICANTS

18 FOR ADMISSION UNDER VISA WAIVER PROGRAM.—

19 ‘‘(1) EXCLUSION.—

20 ‘‘(A) An immigration officer’s determina21 tion that an applicant for admission under this

22 section is not clearly and beyond a doubt enti23 tled to land shall constitute a final order of ex24 clusion and deportation, enforceable pursuant

25 to section 237. Pending such a determination,
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1 the Attorney General may maintain such appli2 cant in custody.

3 ‘‘(B) The procedure described in section

4 236 shall not apply to an order issued under

5 this paragraph.

6 ‘‘(2) DEPORTATION.—

7 ‘‘(A) Notwithstanding any other provision

8 of law, an alien admitted to the United States

9 under this section who is determined, pursuant

10 to such regulations as the Attorney General

11 shall prescribe, to be subject to deportation

12 shall be deported pursuant to section 243. An

13 immigration officer’s determination under this

14 subsection shall constitute a final order of de15 portation. Pending such determination, the At16 torney General may maintain such alien in

17 custody.

18 ‘‘(B) The procedure described in section

19 242 shall not apply to an order issued under

20 this paragraph.

21 ‘‘(3) REVIEW.—Notwithstanding any other pro22 vision of law or the failure of a carrier to provide the

23 notice described in subsection (e)(1)(D), an alien

24 who applies for admission to the United States

25 under this section shall not be entitled—
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1 ‘‘(A) to review or appeal under this Act of

2 an immigration officer’s determination as to the

3 admissibility of the alien at the port of entry

4 into the United States, or

5 ‘‘(B) subject to paragraph (4), to contest

6 an immigration officer’s determination under

7 paragraph (2).

8 ‘‘(4) ASYLUM.—The Attorney General shall es9 tablish a procedure for an alien who is applying for

10 admission under this section or who has been admit11 ted under this section to apply for provisional asy12 lum under section 208.

13 ‘‘(5) TREATMENT OF NATIONALS OF VISA WAIV14 ER COUNTRIES.—An alien who—

15 ‘‘(A) is a national of a visa waiver program

16 country or claims to be a national of a visa

17 waiver country, and

18 ‘‘(B) is not in possession of a valid visa,

19 shall be considered to be an applicant for ad20 mission under this section.’’.

21 (d) CARRIER AGREEMENTS.—Section 217(e)(1) (8

22 U.S.C. 1187(e)(1)) is amended—

23 (1) in subparagraph (B) by striking ‘‘and’’;

24 (2) in subparagraph (C) by striking the period

25 at the end and inserting ‘‘; and’’; and
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1 (3) by inserting after subparagraph (C) the fol2 lowing new subparagraph:

3 ‘‘(D) to provide passengers applying for

4 admission to the United States under this sec5 tion with written notification that they are not

6 entitled (i) to any appeal or review of an immi7 gration officer’s determination of admissibility,

8 or (ii) to contest any action for deportation.’’.

9 (e) CLERICAL AMENDMENT.—The item in the table

10 of contents relating to section 217 is amended to read as

11 follows:

‘‘Sec. 217. Visa waiver program for certain visitors.’’.

12 SEC. 304. TRAINING OF AIRLINE PERSONNEL IN DETEC13 TION OF FRAUDULENT DOCUMENTS.

14 (a) USE OF FUNDS.—Section 286(h)(2)(A) (8 U.S.C.

15 1356(h)(2)(A)) is amended—

16 (1) in clause (iv), by inserting ‘‘, including

17 training of, and technical assistance to, commercial

18 airline personnel on such detection’’ after ‘‘United

19 States’’, and

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

21 ‘‘The Attorney General shall provide for expenditures for

22 training and assistance described in clause (iv) in an

23 amount, for any fiscal year, not less than 5 percent of

24 the total of the expenses incurred that are described in

25 the previous sentence.’’.
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1 (b) COMPLIANCE WITH DETECTION REGULA2 TIONS.—Section 212(f) (8 U.S.C. 1182(f)) is amended by

3 adding at the end the following: ‘‘Whenever the Attorney

4 General finds that a commercial airline has failed to com5 ply with regulations of the Attorney General relating to

6 requirements of airlines for the detection of fraudulent

7 documents used by passengers traveling to the United

8 States (including the training of personnel in such detec9 tion), the Attorney General may suspend the entry of some

10 or all aliens transported to the United States by such air11 line.’’.

12 (c) EFFECTIVE DATES.—

13 (1) The amendments made by subsection (a)

14 shall apply to expenses incurred during or after fis15 cal year 1994.

16 (2) The Attorney General shall first issue, in

17 proposed form, regulations referred to in the second

18 sentence of section 212(f) of the Immigration and

19 Nationality Act, as added by the amendment made

20 by subsection (b), by not later than 90 days after

21 the date of the enactment of this Act.
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1 TITLE IV—AUTHORIZATION OF APPROPRIA2 TIONS FOR THE IMMIGRATION AND NATU3 RALIZATION SERVICE

4 SEC. 401. AUTHORIZATION OF APPROPRIATIONS FOR I.N.S.

5 FOR FISCAL YEARS 1994 AND 1995.

6 (a) IN GENERAL.—There are authorized to be appro7 priated for the Immigration and Naturalization Service—

8 (1) for fiscal year 1994, $1,082,038,100, of

9 which $413,224,900 are authorized to be appro10 priated for the operation of the Border Patrol and

11 $27,434,000 are authorized to be appropriated for

12 anti-smuggling activities; and

13 (2) for fiscal year 1995, $1,154,885,900, of

14 which $454,547,000 are authorized to be appro15 priated for the operation of the Border Patrol and

16 $31,277,400 are authorized to be appropriated for

17 anti-smuggling activities.

18 Of the amounts authorized to be appropriated under this

19 subsection, such sums as may be necessary are authorized

20 to be available to provide by October 1, 1996, for not less

21 than a 100 percent increase in the average number of asy22 lum officers from the period for fiscal year 1993.

23 (b) ACTIVITIES INCLUDED.—The amounts provided

24 pursuant to subsection (a) for a fiscal year include—
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1 (1) funds for the purchase for police-type use of

2 passenger motor vehicles, without regard to the gen3 eral purchase price limit for the fiscal year involved,

4 and for the hire of passenger motor vehicles;

5 (2) funds for the acquisition, lease, mainte6 nance, and operation of aircraft;

7 (3) funds for the purchase of uniforms without

8 regard to the general purchase price limitation for

9 the fiscal year involved;

10 (4) not to exceed $50,000 to meet unforeseen

11 emergencies of a confidential character to be ex12 pended under the direction of the Attorney General

13 and to be accounted for solely on the certificate of

14 the Attorney General; and

15 (5) not to exceed $500,000 of those sums ap16 propriated for research and $17,188,000 of those

17 funds appropriated for construction, which amounts

18 shall remain available until expended.

19 (c) LIMITATION ON OVERTIME.—None of the funds

20 available to the Immigration and Naturalization Service

21 under this section shall be available for administrative ex22 penses to pay any employee overtime pay in an amount

23 in excess of $25,000 for a fiscal year involved.

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