II

103D CONGRESS

1ST SESSION S. 1351

To curb criminal activity by aliens, to defend against acts of international

terrorism, to protect American workers from unfair labor competition,

and to relieve pressure on public services by strengthening border security

and stabilizing immigration into the United States.

IN THE SENATE OF THE UNITED STATES

AUGUST 4 (legislative day, JUNE 30), 1993

Mr. REID introduced the following bill; which was read twice and referred to

the Committee on the Judiciary

A BILL

To curb criminal activity by aliens, to defend against acts

of international terrorism, to protect American workers

from unfair labor competition, and to relieve pressure

on public services by strengthening border security and

stabilizing immigration into the United States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Immigration Stabiliza5 tion Act of 1993’’.

6 SEC. 2. TABLE OF TITLES.

TITLE I—ADMISSION OF IMMIGRANTS
2

S 1351 IS

TITLE II—ADMISSION OF REFUGEES

TITLE III—ASYLUM REFORM

TITLE IV—CRIMINAL ALIENS

TITLE V—FINANCIAL RESPONSIBILITY

TITLE VI—EMPLOYER SANCTIONS

TITLE VII—BORDER SECURITY

TITLE VIII—ALIEN SMUGGLING

TITLE IX—LOCAL COOPERATION

TITLE X—CITIZENSHIP

1 SEC. 3. EFFECTIVE DATE.

2 Except where otherwise specifically provided, the pro3 visions of this Act are effective for fiscal years after fiscal

4 year 1993.

5 TITLE I—ADMISSION OF IMMIGRANTS

6 SEC. 101. WORLDWIDE LEVELS OF IMMIGRATION.

7 Section 201 of the Immigration and Nationality Act

8 (8 U.S.C. 1151) is amended—

9 (a) by striking subsection (c) and inserting:

10 ‘‘(c) The worldwide level of family-sponsored immi11 grants is—

12 ‘‘(i) 300,000, minus

13 ‘‘(ii) the sum of—

14 ‘‘(A) the number of refugees admitted

15 under section 207 in the preceding fiscal year,

16 and

17 ‘‘(B) the number of aliens described in sec18 tions 201(b)(2) and 203(b) who were issued im-
3

S 1351 IS

1 migrant visas or who otherwise acquired the

2 status of aliens lawfully admitted to the United

3 States for permanent residence in the previous

4 fiscal year;’’;

5 (b) by striking subsection (d) and inserting:

6 ‘‘(d) The worldwide level of employment-based immi7 grants is 40,000’’; and

8 (c) by striking ‘‘55,000’’ from subsection (e)

9 and inserting ‘‘zero’’.

10 SEC. 102. ALLOTMENT OF VISAS.

11 Section 203 of the Immigration and Nationality Act

12 (8 U.S.C. 1153) is amended by—

13 (a) adding the following paragraph to sub14 section (a):

15 ‘‘(5) If the worldwide level of family-sponsored

16 immigrants for any fiscal year is less than 226,000,

17 then the maximum number of visas that can be al18 lotted to any class of family-sponsored immigrants

19 under this subsection shall be proportionately re20 duced for that fiscal year;’’;

21 (b) striking subsection (b) and inserting:

22 ‘‘(b) ALLOCATION FOR EMPLOYMENT-BASED IMMI23 GRANTS.—Visas shall be made available in a number not

24 to exceed the worldwide level of employment-based immi-
4

S 1351 IS

1 grants to qualified immigrants who are aliens described

2 in any of the following paragraphs (1) through (3).

3 ‘‘(1) ALIENS WITH EXTRAORDINARY ABILITY.—

4 An alien is described in this paragraph if—

5 ‘‘(A) the alien has extraordinary ability in

6 the sciences, arts, education, business, or ath7 letics which has been demonstrated by sus8 tained national or international acclaim and

9 whose achievements have been recognized in the

10 field through extensive documentation,

11 ‘‘(B) the alien seeks to enter the United

12 States to continue work in the area of extraor13 dinary ability, and

14 ‘‘(C) the alien’s entry into the United

15 States will substantially benefit prospectively

16 the United States.

17 ‘‘(2) OUTSTANDING PROFESSORS AND RE18 SEARCHERS.—An alien is described in this para19 graph if—

20 ‘‘(A) the alien is recognized internationally

21 as outstanding in a specific academic area,

22 ‘‘(B) the alien has at least 3 years of expe23 rience in teaching or research in the academic

24 area, and
5

S 1351 IS

1 ‘‘(C) the alien seeks to enter the United

2 States—

3 ‘‘(i) for a tenured position (or tenure4 track position) within a university or insti5 tution of higher education to teach in the

6 academic area,

7 ‘‘(ii) for a comparable position with a

8 university or institution of higher edu9 cation to conduct research in the area, or

10 ‘‘(iii) for a comparable position to

11 conduct research in the area with a depart12 ment, division, or institute of a private em13 ployer, if the department, division, or insti14 tute employs at least 3 persons full-time in

15 research activities and has achieved docu16 mented accomplishments in an academic

17 field.

18 ‘‘(3) CERTAIN MULTINATIONAL EXECUTIVES

19 AND MANAGERS.—An alien is described in this para20 graph if the alien, in the 3 years preceding the time

21 of the alien’s application for classification and ad22 mission into the United States under this paragraph,

23 has been employed for at least 1 year by a firm or

24 comporation or other legal entity or an affiliate or

25 subsidiary thereof and the alien seeks to enter the
6

S 1351 IS

1 United States in order to continue to render services

2 to the same employer or to a subsidiary or affiliate

3 thereof in a capacity that is managerial or execu4 tive.’’.

5 (c) striking subsection (c) and inserting:

6 ‘‘(c) Visas shall be made available to employment-re7 lated immigrants in the order in which a petition on behalf

8 of each such immigrant is filed with the Attorney General

9 and waiting lists of applicants for visas shall be main10 tained in accordance with regulations prescribed by the

11 Secretary of State.’’;

12 (d) striking ‘‘(a), (b), or (c)’’ from subsections

13 (d), (f), and (g) and inserting ‘‘(a) or (b)’’;

14 (e) striking subsection (e); and

15 (f) renumbering subsections (f) and (g) as (e)

16 and (f), respectively.

17 SEC. 103. APPROVAL OF PETITIONS.

18 Section 204 of the Immigration and Nationality Act

19 (8 U.S.C. 1154) is amended by—

20 (a) striking from subsection (a)(1)(A) ‘‘the clas21 sification by reason of a relationship described in

22 paragraph (1), (3), or (4) of section 203(a) or’’;

23 (b) striking from subsection (a)(1) subpara24 graphs (B), (C), (D), (E), (F), (G), and inserting:
7

S 1351 IS

1 ‘‘(B) Any alien desiring to be classified

2 under section 203(b), or any person on behalf

3 of such an alien, may file a petition with the

4 Attorney General for such classification.’’;

5 (c) striking from subsection (e) ‘‘as an immi6 grant under subsection (a), (b), or (c) of section 203

7 or’’;

8 (d) striking from subsection (f)(i) ‘‘, 203(a)(1),

9 or 203(a)(3), as appropriate’’; and

10 (e) adding:

11 ‘‘(h) Notwithstanding any other provision of this sec12 tion, the Attorney General shall not approve after Septem13 ber 30, 1993, any petitions other than for immediate rel14 ative status under section 201(b)(2) or classification by

15 reason of a relationship described in section 203(b).’’.

16 SEC. 104. CONFORMING AMENDMENTS.

17 The Immigration and Nationality Act is amended

18 by—

19 (a) striking from section 201(b)(2)(A)(i) ‘‘the

20 children, spouses, and parents of a citizen of the

21 United States, except that, in the case of parents,

22 such citizens shall be at least 21 years of age’’ and

23 inserting ‘‘children and spouses of a citizen of the

24 United States’’;
8

S 1351 IS

1 (b) striking from section 203(a)(1) ‘‘UNMAR2 RIED SONS OR DAUGHTERS OF CITIZENS.—Quali3 fied immigrants who are the unmarried sons or

4 daughters of citizens or the United States’’ and in5 serting ‘‘PARENTS OF ADULT UNITED STATES CITI6 ZENS.—Qualified immigrants who are the parents of

7 citizens of the United States who are at least 21

8 years of age’’; and

9 (c) striking ‘‘MARRIED’’ and ‘‘married’’ from

10 section 203(a)(3) .

11 TITLE II—ADMISSION OF REFUGEES

12 SEC. 201. NUMBER OF ADMISSIONS.

13 Section 207 of the Immigration and Nationality Act

14 (8 U.S.C. 1157) is amended by striking subsection (a) and

15 inserting:

16 ‘‘(a) Except as provided in subsection (b), the number

17 of refugees who may be admitted under this section in any

18 fiscal year may not exceed 50,000. Admissions under this

19 subsection shall be allocated by the President among refu20 gees of special humanitarian concern to the United

21 States.’’.

22 SEC. 202. NONDISCRIMINATION IN REFUGEE ADMISSIONS.

23 (a) Public Law 89–732, as amended by Public Law

24 94–571, is repealed.
9

S 1351 IS

1 (b) Section 207 of the Immigration and Nationality

2 Act (8 U.S.C. 1157) is amended by adding after sub3 section (e) thereof:

4 ‘‘(f) Determinations of the allocation of admissions

5 under subsections (a) and (b), determinations of admis6 sions under subsection (c), and procedures for the deter7 mination of refugee status shall not discriminate in favor

8 of or against any alien on the basis of the alien’s race,

9 religion, nationality, membership in a particular social

10 group, or political opinion.’’.

11 TITLE III—ASYLUM REFORM

12 SEC. 301. INSPECTION AND EXCLUSION BY IMMIGRATION

13 OFFICERS.

14 (a) INSPECTION OF ALIENS.—Section 235(b) of the

15 Immigration and Nationality Act (8 U.S.C. 1225(b)) is

16 amended to read as follows:

17 ‘‘(b) INSPECTION AND EXCLUSION BY IMMIGRATION

18 OFFICERS.—

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

20 alien who is seeking entry to the United States.

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

22 determines that an alien seeking entry—

23 ‘‘(i) does not present the documentation

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

25 United States; and
10

S 1351 IS

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

2 to apply for asylum (under section 208) or a

3 fear of persecution, the officer shall order the

4 alien excluded from the United States without

5 further hearing or review.

6 ‘‘(B) The examining immigration officer shall

7 refer for immediate inspection at a port of entry by

8 an asylum officer under subparagraph (C) any alien

9 who has indicated an intention to apply for asylum

10 or a fear of persecution.

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

12 alien has a credible fear of persecution, the alien

13 shall be entitled to apply for asylum under section

14 208.

15 ‘‘(ii) If an asylum officer determines that an

16 alien does not have a credible fear of persecution the

17 officer shall order the alien excluded from the

18 United States without further hearing or review.

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

20 (B), if the examining immigration officer determines

21 that an alien seeking entry is not clearly and beyond

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

23 for a hearing before a special inquiry officer.

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

25 not apply—
11

S 1351 IS

1 ‘‘(i) to an alien crewman,

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

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

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

5 273(d) exist.

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

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

8 shall be subject to challenge by any other immigra9 tion officer and such challenge shall operate to take

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

11 before a special inquiry officer for a hearing on ex12 clusion of the alien.

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

14 has not entered the United States for purposes of

15 this Act unless and until such alien has been in16 spected and admitted by an immigration officer pur17 suant to this subsection.

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

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

20 the United States for a continuous period of one

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

22 by an immigration officer shall be deemed to have

23 entered the United States without inspection.

24 ‘‘(6) INTERIOR REPATRIATION.—The Secretary

25 of State shall undertake to enter into, on behalf of
12

S 1351 IS

1 the United States, arrangements with the govern2 ments of countries contiguous to the United States

3 that any excludable or deportable alien who is to de4 part the United States to such country under an

5 order of deportation, under a grant of voluntary de6 parture with safeguards, or at a time when the alien

7 is in federal custody shall be transported to a point

8 in the contiguous country that, to the extent prac9 ticable, is not less than 500 kilometers from the bor10 der of the United States.’’.

11 (b) GROUNDS FOR EXCLUSION.—Section 221(a)(6)

12 of the Immigration and Nationality Act is amended by

13 adding the following paragraphs:

14 ‘‘(G)(i) Any alien who, in seeking entry to the

15 United States or boarding a common carrier for the

16 purpose of coming to the United States, presents

17 any document which is forged, counterfeit, altered,

18 falsely made, stolen, or inapplicable to the alien pre19 senting the document, or otherwise contains a mis20 representation of a material fact, shall be excluded.

21 ‘‘(ii) Subparagraph (ii) shall not apply to an

22 alien if, in the determination of the asylum officer,

23 the document or documents to which that subpara24 graph refers were presented by the alien solely to en25 able the alien to depart directly from—
13

S 1351 IS

1 ‘‘(A) a country in which the alien had a

2 credible fear of persecution; or

3 ‘‘(B) a country in which there was a sig4 nificant danger that the alien would be returned

5 to a country in which the alien would have a

6 credible fear of persecution.

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

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

9 it is more probable than not that the statements

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

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

12 in light of such statements and of such other facts

13 as are known to the officer that the alien could es14 tablish eligibility for asylum under section 208.

15 ‘‘(H) Any alien who, in boarding a common car16 rier for the purpose of coming to the United States,

17 presents a document that relates or purports to re18 late to the alien’s eligibility to enter the United

19 States, and fails to present such document to an im20 migration officer upon arrival at a port of entry into

21 the United States, shall be excluded.’’.

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

23 U.S.C. 1227(a)) is amended—
14

S 1351 IS

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

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

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

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

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

6 235(b)(2), if’’.

7 SEC. 302. ASYLUM.

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

9 amended to read as follows:

10 ‘‘SEC. 208. (a) ASYLUM.—

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

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

13 port of entry may apply for asylum in accordance

14 with this section.

15 ‘‘(2) CONDITIONS FOR GRANTING.—

16 ‘‘(A) GRANTS BY ATTORNEY GENERAL.—

17 The Attorney General may grant asylum to an

18 alien if the alien applies for asylum in accord19 ance with the requirements of this section and

20 establishes that it is more probable than not

21 that in the alien’s country of nationality (or, in

22 the case of a person having no nationality, the

23 country in which such alien last habitually re24 sided) such alien would be arrested and incar25 cerated or such alien’s life would be threatened
15

S 1351 IS

1 on account of race, religion, nationality, mem2 bership in a particular social group, or political

3 opinion.

4 ‘‘(B) EXCEPTION.—Subparagraph (A)

5 shall not apply to an alien if the Attorney Gen6 eral determines that—

7 ‘‘(i) the alien ordered, incited, as8 sisted, or otherwise participated in the per9 secution of any person on account of race,

10 religion, nationality, membership in a par11 ticular social group, or political opinion;

12 ‘‘(ii) the alien, having been convicted

13 by a final judgment of a particularly seri14 ous crime, constitutes a danger to the com15 munity of the United States;

16 ‘‘(iii) there are serious reasons for be17 lieving that the alien has committed a seri18 ous nonpolitical crime outside the United

19 States prior to the arrival of the alien in

20 the United States;

21 ‘‘(iv) there are reasonable grounds for

22 regarding the alien as a danger to the se23 curity of the United States; or

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

25 alien has been identified (other than the
16

S 1351 IS

1 country described in subparagraph (A)) to

2 which the alien can be deported or re3 turned and the alien does not establish

4 that it is more likely than not that the

5 alien would be incarcerated or the alien’s

6 life would be threatened in such country on

7 account of race, religion, nationality, mem8 bership of a particular social group, or po9 litical opinion. For purposes of clause (ii),

10 an alien who has been convicted of an ag11 gravated felony shall be considered to have

12 committed a particularly serious crime.

13 The Attorney General shall promulgate

14 regulations that specify additional crimes

15 that will be considered to be a crime de16 scribed in clause (ii) or clause (iii).

17 ‘‘(3) ASYLUM STATUS.—In the case of any alien

18 granted asylum under paragraph (2), the Attorney

19 General, in accordance with this section—

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

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

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

23 employment in the United States and provide

24 the alien with an ‘employment authorized’ en-
17

S 1351 IS

1 dorsement or other appropriate work permit;

2 and

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

4 with the prior consent of the Attorney General,

5 except that such travel may not be authorized

6 to the country from which the alien claimed to

7 be fleeing persecution.

8 ‘‘(4) TERMINATION.—Asylum granted under

9 paragraph (2) shall be terminated if the Attorney

10 General, pursuant to such regulations as the Attor11 ney General may prescribe, determines that—

12 ‘‘(A) the alien no longer meets the condi13 tions described in paragraph (2) owing to a

14 change in circumstances in the alien’s country

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

16 no nationality, in the country in which the alien

17 last habitually resided;

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

19 in paragraph (2);

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

21 has been identified (other than the country de22 scribed in paragraph (2)) to which the alien can

23 be deported or returned and the alien cannot

24 establish that it is more likely than not that the

25 alien would be arrested or incarcerated in such
18

S 1351 IS

1 country on account of race, religion, nationality,

2 membership in a particular social group, or po3 litical opinion; or

4 ‘‘(D) the alien returns to the country from

5 which the alien claimed to be fleeing persecu6 tion or makes application with the Attorney

7 General to return to the country from which the

8 alien claimed to fleeing persecution.

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

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

11 or paragraph (4)(C), the alien’s deportation or re12 turn shall be directed by the Attorney General in the

13 sole discretion of the Attorney General, to any coun14 try which is willing to accept the alien into its terri15 tory (other than the country described in paragraph

16 (2)).

17 ‘‘(b) ASYLUM PROCEDURE.—

18 ‘‘(1) APPLICATIONS.—

19 ‘‘(A) IN GENERAL.—

20 ‘‘(i) DEADLINE.—Subject to clause

21 (ii), an alien’s application for asylum shall

22 not be considered under this section un23 less—

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

25 than 30 days after entering or coming
19

S 1351 IS

1 to the United States, notice of inten2 tion to file such an application, and

3 ‘‘(II) such application is actually

4 filed not later than 45 days after en5 tering or coming to the United States.

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

7 temporary asylum may be considered, not8 withstanding that the requirements of

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

10 alien demonstrates by clear and convincing

11 evidence changed circumstances in the

12 alien’s country of nationality (or in the

13 case of an alien with no nationality, in the

14 country where the alien last habitually re15 sided) affecting eligibility for asylum.

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

17 temporary asylum shall not be considered un18 less the alien submits to the taking of finger19 prints and a photograph in a manner deter20 mined by the Attorney General.

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

22 provide for a reasonable fee for the consider23 ation of an application for asylum or for any

24 employment authorization under subsection

25 (a)(3)(B).
20

S 1351 IS

1 ‘‘(D) NOTICE OF PRIVILEGE OF COUNSEL

2 AND CONSEQUENCES OF FRIVOLOUS APPLICA3 TION.—At the time of filing a notice of inten4 tion to apply for asylum, the alien shall be ad5 vised of the privilege of being represented (at

6 no expense to the government) by such counsel,

7 authorized to practice in such proceedings, as

8 the alien shall choose and of the consequences,

9 under subsection (d), of filling a frivolous appli10 cation for temporary asylum.

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

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

14 temporary 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 Stabilization Act of 1993 are

23 authorized to perform duties as asylum officers

24 shall be deemed to be qualified to be asylum of25 ficers for purposes of this Act.
21

S 1351 IS

1 ‘‘(B) SCHEDULING OF HEARINGS.—

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

3 an application for asylum, an asylum offi4 cer, at the earliest practicable time and

5 after consultation with the attorney for the

6 Government and the attorney (if any) for

7 the applicant, shall set the application for

8 hearing on a day certain or list it on a

9 weekly or other short-term calendar, so as

10 to assure a speedy hearing.

11 ‘‘(ii) DEADLINE.—Unless the appli12 cant (or an attorney for the applicant) con13 sents in writing to the contrary, the hear14 ing on the asylum application shall com15 mence not later than 45 days after the

16 date the application was filed.

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

18 temporary asylum application shall be open to

19 the public unless the applicant requests that it

20 be closed to the public.

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

22 shall, to the extent practicable, conduct the

23 hearing in a nonadversarial manner. During

24 such hearing, the applicant shall have the privi25 lege of the assistance and participation of coun-
22

S 1351 IS

1 sel (as provided under paragraph (1)(D)) and

2 both the government and the applicant shall be

3 entitled to present evidence and witnesses, to

4 examine and object to evidence, and to cross-ex5 amine all witnesses.

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

7 may request opinions regarding country condi8 tions from the Secretary of State, but shall not

9 request or consider recommendations from the

10 Secretary of State as to whether a particular

11 named individual should or should not be grant12 ed temporary asylum.

13 ‘‘(F) TRANSCRIPT OF HEARINGS.—A com14 plete record of the proceedings and of all testi15 mony and evidence produced at the hearing

16 shall be kept. The hearing shall be recorded

17 verbatim. The Attorney General and the Service

18 shall provide that a transcript of a hearing held

19 under this section is made available not later

20 than 10 days after the date of completion of the

21 hearing.

22 ‘‘(G) DEADLINE FOR DETERMINATIONS ON

23 APPLICATIONS.—The officer shall render a de24 termination on the application not later than 30

25 days after the date of completion of the hear-
23

S 1351 IS

1 ing. The determination of the officer shall be

2 based only on the officer’s knowledge of inter3 national conditions and human rights records of

4 foreign countries, and 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 asylum are heard and determined on a timely

10 basis. However, nothing in this paragraph relat11 ing to scheduling or deadlines shall be con12 strued as creating any right or benefit, sub13 stantive or procedural, which is legally enforce14 able by any party against the United States, its

15 agencies, its officers, or any other person.

16 ‘‘(I) SANCTIONS FOR FAILURE TO AP17 PEAR.—

18 ‘‘(i) Subject to clause (ii), the applica19 tion for asylum of an alien who does not

20 appear for a hearing on such application

21 shall be summarily dismissed unless the

22 alien can show exceptional circumstances

23 (as defined in section 242B(f)(2)) as deter24 mined by the asylum officer.
24

S 1351 IS

1 ‘‘(ii) Clause (i) shall not apply if writ2 ten and oral notice were not provided as

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

4 ‘‘(iii) Except in exceptional cir5 cumstances (as defined in section

6 242B(f)(2)), an application summarily dis7 missed in accordance with Clause (i) shall

8 not be reopened or reconsidered nor shall

9 a new application for asylum be enter10 tained by the Attorney General at any

11 time.

12 ‘‘(J) FINALITY OF DETERMINATIONS.—

13 ‘‘(i) IN GENERAL.—The decision of

14 the asylum officer shall be the final admin15 istrative determination of a claim for asy16 lum.

17 ‘‘(ii) TREATMENT OF CASES IN EX18 CLUSION OR DEPORTATION.—If proceed19 ings are instituted against an alien under

20 section 235 or 242 of this Act and the

21 alien files an application for asylum based

22 on circumstances described in subsection

23 (b)(1)(A)(ii), the asylum officer shall

24 render, on an expedited basis, a decision

25 on the application.
25

S 1351 IS

1 ‘‘(c) ASYLUM STATUS ADJUSTMENTS.—

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

3 regulations as the Attorney General may prescribe,

4 the Attorney General shall adjust to the status of an

5 alien granted asylum the status of any alien granted

6 asylum under subsection (a)(2)(A) who—

7 ‘‘(A) applies for such adjustment;

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

9 United States for at least 3 years after being

10 granted asylum;

11 ‘‘(C) continues to be eligible for asylum

12 under this section; and

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

14 time of examination for adjustment of status

15 under this subsection.

16 ‘‘(2) TREATMENT OF SPOUSE AND CHIL17 DREN.—A spouse or child (as defined in section

18 101(b)(A), (B), (C), (D), or (E)) of an alien whose

19 status is adjusted to that of an alien granted asylum

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

21 status as the alien if accompanying, or following to

22 join, such alien.

23 ‘‘(3) APPLICATION FEES.—The Attorney Gen24 eral may impose a reasonable fee for the filing of an

25 application for asylum under this subsection.
26

S 1351 IS

1 ‘‘(d) DENIAL OF IMMIGRATION BENEFITS FOR FRIV2 OLOUS APPLICATIONS.—

3 ‘‘(1) IN GENERAL.—If the asylum officer deter4 mines that an alien has made a frivolous application

5 for asylum under this section and the alien has re6 ceived the notice under subsection (b)(1)(D)(i), the

7 alien shall be permanently ineligible for any benefits

8 under this Act, effective as of the date of a final de9 termination on such application.

10 ‘‘(2) TREATMENT OF FRAUDULENT OR MATE11 RIAL MISREPRESENTATIONS.—For purposes of this

12 subsection, an application considered to be ‘frivolous’

13 includes, but is not limited to, an application which

14 is fraudulent or otherwise contains a willful mis15 representation or concealment of a material fact.’’.

16 SEC. 303. FAILURE TO APPEAR FOR ASYLUM HEARING.

17 Section 24B(e)(4) (8 U.S.C. 1252b(e)(4)) is amended

18 in subparagraph (A), by striking all after clause (iii) and

19 inserting ‘‘shall not be eligible for any benefits under this

20 Act.’’.

21 SEC. 304. JUDICIAL REVIEW.

22 (a) Section 235 of the Immigration and Nationality

23 Act (8 U.S.C. 1225) is amended by adding at the end

24 thereof:
27

S 1351 IS

1 ‘‘(d) Notwithstanding any other provision of law, no

2 court shall have jurisdiction to review, except by petition

3 for habeas corpus, any determination made with respect

4 to an alien found excludable pursuant to titles I or II of

5 this Act. In any such case, review by habeas corpus shall

6 be limited to examination of whether the petitioner (I) is

7 an alien, and (II) was ordered excluded from the United

8 States pursuant to the provisions of this Act. Regardless

9 of the nature of the suit or claim, no court shall have juris10 diction except as provided in this paragraph to consider

11 the validity of any adjudication or determination of exclu12 sion, to certify a class in an action challenging the exclu13 sion provisions of this Act or any portion or implementa14 tion thereof, or to provide declaratory or injunctive relief

15 with respect to the exclusion of any alien.

16 ‘‘(e) In any action brought for the assessment of pen17 alties for improper entry or re-entry of an alien under sec18 tions 275, 276, 277 or 278 of the Immigration and Na19 tionality Act, no court shall have jurisdiction to hear

20 claims collaterally attacking the validity of orders of exclu21 sion, or deportation entered under sections 235, 236, or

22 242 of that Act.’’.

23 SEC. 305. CONFORMING AMENDMENTS.

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

25 U.S.C. 1253) is amended by striking subsection (h).
28

S 1351 IS

1 (b) ADJUSTMENT OF STATUS.—Section 209(b) of the

2 Immigration and Nationality Act (8 U.S.C. 1159(b)) is

3 amended—

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

5 inserting ‘‘5 years’’; and

6 (2) by amending paragraph (3) to read as fol7 lows:

8 ‘‘(3) continues to be eligible for asylum under

9 section 208,’’.

10 (c) ALIENS INELIGIBLE FOR TEMPORARY PRO11 TECTED STATUS.—Section 244A(c)(2)(B)(ii) of the Immi12 gration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)(ii))

13 is amended by striking ‘‘section 243(h)(2)’’ and inserting

14 ‘‘clauses (i), (ii), (iii), or (iv) of section 208(a)(2)(C)’’.

15 (d) ELIGIBILITY FOR NATURALIZATION.—Section

16 316(f)(1) of the Immigration and Nationality Act (8

17 U.S.C. 1427(f)(1)) is amended by striking ‘‘subpara18 graphs (A) through (D) of paragraph 243(h)(2)’’ and in19 serting ‘‘clauses (i), (ii), (iii), or (iv) of section

20 208(a)(2)(C)’’.

21 (e) FAMILY UNITY.—Section 301(e) of the Immigra22 tion Act of 1990 (Public Law 101–649) is amended by

23 striking ‘‘section 243(h)(2)’’ and inserting ‘‘clauses (i),

24 (ii), (iii), or (iv) of section 208(a)(2)(C)’’.
29

S 1351 IS

1 SEC. 306. 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 asylum under section 208 of the Immigration

12 and Nationality Act (as amended by section 201 of

13 this Act) shall be considered before such first day.

14 (2) In applying section 208(b)(1)(A) of the Im15 migration and Nationality Act (as amended by this

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

17 came to the United States before the first day de18 scribed in paragraph (1), notwithstanding the dead19 lines specified in such section—

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

21 of intention to file an application for asylum is

22 30 days after such first day, and

23 (B) the deadline for the filing of the appli24 cation for asylum is 45 days after the date of

25 filing such notice.
30

S 1351 IS

1 (3) The amendments made by section 305(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 IV—CRIMINAL ALIENS

7 SEC. 401. EXPANSION IN DEFINITION OF ‘‘AGGRAVATED

8 FELONY’’.

9 (a) EXPANSION IN DEFINITION.—Section 101(a)(43)

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

11 1101(a)(43) is amended to read as follows:

12 ‘‘(43) The term ‘aggravated felony’ means—

13 ‘‘(A) murder;

14 ‘‘(B) any illicit trafficking in any controlled

15 substance (as defined in section 102 of the Con16 trolled Substances Act), including any drug traffick17 ing crime as defined in section 924(c) of title 18,

18 United States Code;

19 ‘‘(C) any illicit trafficking in any firearms or

20 destructive devices as defined in section 921 of title

21 18, United States Code, or in explosive materials as

22 defined in section 841(c) of title 18, United States

23 Code;

24 ‘‘(D) any offense described in (i) section 1956

25 of title 18, United States Code (relating to launder-
31

S 1351 IS

1 ing of monetary instruments) or (ii) section 1957 of

2 such title (relating to engaging in monetary trans3 actions in property derived from specific unlawful

4 activity) if the value of the funds exceeded

5 $100,000;

6 ‘‘(E) any offense described in—

7 ‘‘(i) subsection (h) or (i) of section 842,

8 title 18, United States Code, or subsection (d),

9 (e), (f), (g), (h), or (i) of section 844 of title 18,

10 United States Code (relating to explosive mate11 rials offenses),

12 ‘‘(ii) paragraph (1), (2), (3), (4), or (5) of

13 section 922(g), or section 922(j), section

14 922(n), section 922(o), section 922(p), section

15 922(r), section 924(b), or section 924(h) of title

16 18, United States Code (relating to firearms of17 fenses), or

18 ‘‘(iii) section 5861 of title 26, United

19 States Code (relating to firearms offenses);

20 ‘‘(F) any crime of violence (as defined in sec21 tion 16 of title 18, United States Code, not includ22 ing a purely political offense) for which the term of

23 imprisonment imposed (regardless of any suspension

24 of such imprisonment) is at least 5 years;
32

S 1351 IS

1 ‘‘(G) any theft offense (including receipt of sto2 len property) or any burglary offense, where a sen3 tence of 5 years imprisonment or more may be im4 posed;

5 ‘‘(H) any offense described in section 875, sec6 tion 876, section 877, or section 1202 of title 18,

7 United States Code (relating to the demand for or

8 receipt of ransom);

9 ‘‘(I) any offense described in section 2251, sec10 tion 2251A or section 2252 of title 18, United

11 States Code (relating to child pornography);

12 ‘‘(J) any offense described in—

13 ‘‘(i) section 1962 of title 18, United States

14 Code (relating to racketeer influenced corrupt

15 organizations), or

16 ‘‘(ii) section 1084 (if it is a second or sub17 sequent offense) or section 1955 of such title

18 (relating to gambling offenses), where a sen19 tence of 5 years imprisonment or more may be

20 imposed;

21 ‘‘(K) any offense relating to commercial brib22 ery, counterfeiting, forgery or trafficking in vehicles

23 whose identification numbers have been altered,

24 where a sentence of 5 years imprisonment or more

25 may be imposed;
33

S 1351 IS

1 ‘‘(L) any offense—

2 ‘‘(i) described in section 2421, section

3 2422, or section 2423 of title 18, United States

4 Code (relating to transportation for the purpose

5 of prostitution) for commercial advantage, or

6 ‘‘(ii) described in section 1581 through

7 1585, or section 1588, of title 18, United

8 States Code (relating to peonage, slavery, and

9 involuntary servitude);

10 ‘‘(M) any offense relating to perjury or sub11 ornation of perjury where a sentence of 5 years im12 prisonment or more may be imposed;

13 ‘‘(N) any offense described in—

14 ‘‘(i) section 793 (relating to gathering or

15 transmitting national defense information), sec16 tion 798 (relating to disclosure of classified in17 formation), section 2153 (relating to sabotage)

18 or section 2381 or section 2382 (relating to

19 treason) of title 18, United States Code, or

20 ‘‘(ii) section 421 of title 50, United States

21 Code (relating to protecting the identity of un22 dercover intelligence agents);

23 ‘‘(O) any offense—
34

S 1351 IS

1 ‘‘(i) involving fraud or deceit where the

2 loss to the victim or victims exceeded $200,000;

3 or

4 ‘‘(ii) described in section 7201 of title 26,

5 United States Code (relating to tax evasion),

6 where the tax loss to the Government exceeds

7 $200,000;

8 ‘‘(P) any offense described in section 274(a)(1)

9 of title 18, United States Code (relating to alien

10 smuggling) for the purpose of commercial advan11 tage;

12 ‘‘(Q) any violation of section 1546(a) of title

13 18, United States Code (relating to document

14 fraud), for the purpose of commercial advantage;

15 ‘‘(R) any offense relating to failing to appear

16 before a court pursuant to a court order to answer

17 to or dispose of a charge of a felony, where a sen18 tence of 2 years or more may be imposed; or any at19 tempt or conspiracy to commit any such act. Such

20 term applies to offenses described in this paragraph

21 whether in violation of Federal or State law and ap22 plies to such offenses in violation of the laws of a

23 foreign country for which the term of imprisonment

24 was completed within the previous 15 years; or
35

S 1351 IS

1 ‘‘(S) any felony committed by an alien on or

2 after the date that alien had received a waiver of de3 portation under sections 212 or 241 of this Act (8

4 U.S.C. 1182 or 1251) after commission of a prior

5 felony.’’.

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

7 this section shall apply to all convictions entered before,

8 on, or after the date of enactment of this Act.

9 SEC. 402. DEPORTATION PROCEDURES.

10 (a) ELIMINATION OF ADMINISTRATIVE HEARING FOR

11 CERTAIN CRIMINAL ALIENS.—Section 242A of the Immi12 gration and Nationality Act (8 U.S.C. 1252a) is amended

13 by adding at the end the following:

14 ‘‘(c) DEPORTATION OF ALIENS WHO ARE NOT PER15 MANENT RESIDENTS.—

16 ‘‘(1) Notwithstanding section 242, and subject

17 to paragraph (5), the Attorney General may issue a

18 final order of deportation against any alien described

19 in paragraph (2) whom the Attorney General deter20 mines to be deportable under section

21 241(a)(2)(A)(iii) (relating to conviction of an aggra22 vated felony).

23 ‘‘(2) An alien is described in this paragraph if

24 the alien—
36

S 1351 IS

1 ‘‘(A) was not lawfully admitted for perma2 nent residence at the time that proceedings

3 under this section commenced, or

4 ‘‘(B) had permanent resident status on a

5 conditional basis (as described in section 216)

6 at the time that proceedings under this section

7 commenced.

8 ‘‘(3) The Attorney General may delegate the

9 authority in this section to the Commissioner or to

10 any District Director of the Service.

11 ‘‘(4) No alien described in this section shall be

12 eligible for—

13 ‘‘(A) any relief from deportation that the

14 Attorney General may grant in his discretion,

15 or

16 ‘‘(B) relief under section 243(h).

17 ‘‘(5) The Attorney General may not execute any

18 order described in paragraph (1) until 14 calendar

19 days have passed from the date that such order was

20 issued, in order that the alien has an opportunity to

21 apply for judicial review under section 106.’’.

22 (b) LIMITED JUDICIAL REVIEW.—Section 106 of the

23 Immigration and Nationality Act (8 U.S.C. 1105a) is

24 amended—
37

S 1351 IS

1 (1) in the first sentence of subsection (a), by in2 serting ‘‘or pursuant to section 242A’’ after ‘‘under

3 section 242(b)’’;

4 (2) in subsection (a)(1) and subsection (a)(3),

5 by inserting ‘‘(including an alien described in section

6 242(A)’’ after ‘‘aggravated felony’’; and

7 (3) by adding at the end the following new sub8 section;

9 ‘‘(d) Notwithstanding subsection (c), a petition for

10 review or for habeas corpus on behalf of an alien described

11 in section 242A(c) may only challenge whether the alien

12 is in fact as alien described in such section, and no court

13 shall have jurisdiction to review any other issue.’’.

14 (c) TECHNICAL AND CONFORMING CHANGES.—Sec15 tion 242A of the Immigration and Nationality Act (8

16 U.S.C. 1252a) is amended as follows:

17 (1) In subsection (a)—

18 (A) by striking ‘‘(a) IN GENERAL.—’’ and

19 inserting ‘‘(b) DEPORTATION OF PERMANENT

20 RESIDENT ALIENS.—(1) IN GENERAL.—’’; and

21 (B) by inserting in the first sentence ‘‘per22 manent resident’’ after ‘‘correctional facilities

23 for’’;

24 (2) In subsection (b)—
38

S 1351 IS

1 (A) by striking ‘‘(b) IMPLEMENTATION.—’’

2 and inserting ‘‘(2) IMPLEMENTATION.—’’; and

3 (B) by striking ‘‘respect to an’’ and insert4 ing ‘‘respect to a permanent resident’’;

5 (3) By striking out subsection (c);

6 (4) In subsection (d)—

7 (A) by striking ‘‘(d) EXPEDITED PRO8 CEEDINGS.—(1)’’ and inserting ‘‘(3) EXPE9 DITED PROCEEDINGS.—(A)’’;

10 (B) by inserting ‘‘permanent resident’’

11 after ‘‘in the case of any’’; and

12 (C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;

13 (5) In subsection (e)—

14 (A) by striking ‘‘(e) REVIEW.—(1)’’ and

15 inserting ‘‘(4) REVIEW.—(A)’’;

16 (B) by striking the second sentence; and

17 (C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’.

18 (6) By inserting after the section heading the

19 following new subsection:

20 ‘‘(a) PRESUMPTION OF DEPORTABILITY.—An alien

21 convicted of an aggravated felony shall be conclusively pre22 sumed to be deportable from the United States.’’.

23 (7) The heading of such section is amended to

24 read as follows:
39

S 1351 IS

1 ‘‘EXPEDITED DEPORTATION OF ALIENS CONVICTED OF

2 COMMITTING AGGRAVATED FELONIES’’.

3 (d) EFFECTIVE DATE.—The amendments made by

4 this section shall apply to all aliens against whom deporta5 tion proceedings are initiated after the date of enactment

6 of this Act.

7 SEC. 403. JUDICIAL DEPORTATION.

8 (a) JUDICIAL DEPORTATION.—Section 242A of the

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

10 amended by inserting at the end the following new sub11 section:

12 ‘‘(d) JUDICIAL DEPORTATION.—

13 ‘‘(1) AUTHORITY.—In any criminal case subject

14 to the jurisdiction of any court of the United States

15 or of any State, such court may enter a judicial

16 order of deportation at the time of sentencing

17 against an alien whose criminal conviction causes

18 such alien to be deportable under section

19 241(a)(2)(A)(iii) (relating to conviction of a felony).

20 ‘‘(2) DENIAL OF JUDICIAL ORDER.—Denial of a

21 request for a judicial order of deportation shall not

22 preclude the Attorney General from initiating depor23 tation proceedings pursuant to section 242 upon the

24 same ground of deportability or upon any other
40

S 1351 IS

1 ground of deportability provided under section

2 241(a).’’.

3 (b) TECHNICAL AND CONFORMING CHANGES.—The

4 ninth sentence of section 242(b) of the Immigration and

5 Nationality Act (8 U.S.C. 1252(b)) is amended by striking

6 out ‘‘The’’ and inserting in lieu thereof, ‘‘Except as pro7 vided in section 242A(d), the’’.

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

9 this section shall apply to all aliens whose adjudication of

10 guilt or guilty plea is entered in the record after the date

11 of enactment of this Act.

12 SEC. 404. DEFENSES TO DEPORTATION.

13 (a) DEFENSES BASED ON SEVEN YEARS OF PERMA14 NENT RESIDENCE.—The last sentence of section 212(c)

15 of the Immigration and Nationality Act (8 U.S.C.

16 1182(c)) is amended by striking out ‘‘has served for such

17 felony or felonies’’ and all that follows through the period

18 and inserting in lieu thereof ‘‘has been sentenced for such

19 felony or felonies to a term of imprisonment of at least

20 5 years, Provided, That the time for appealing such con21 viction or sentence has expired and the sentence has be22 come final.’’.

23 (b) DEFENSES BASED ON WITHHOLDING OF DEPOR24 TATION.—Section 243(h)(2) of the Immigration and Na25 tionality Act (8 U.S.C. 1253(h)(2)) is amended by—
41

S 1351 IS

1 (1) striking out the final sentence and inserting

2 in lieu thereof the following new subparagraph:

3 ‘‘(E) the alien has been convicted of a fel4 ony.’’; and

5 (2) striking out the ‘‘or’’ at the end of subpara6 graph (C) and inserting ‘‘or’’ at the end of subpara7 graph (D).

8 SEC. 405. ENHANCED PENALTIES FOR REENTRY OR FAIL9 URE TO DEPART.

10 (a) FAILURE TO DEPART.—Section 242(e) of the Im11 migration and Nationality Act (8 U.S.C. 1252(e)) is

12 amended—

13 (1) by striking out ‘‘paragraph (2), (3), or 4

14 of’’ the first time it appears, and

15 (2) by striking out ‘‘shall be imprisoned not

16 more than ten years’’ and inserting in lieu thereof,

17 ‘‘shall be imprisoned not more than two years, or

18 shall be imprisoned not more than ten years if the

19 alien is a member of any of the classes described in

20 paragraph (2), (3), or (4) of section 241(a)’’.

21 (b) REENTRY.—Section 276(b) of the Immigration

22 and Nationality Act (8 U.S.C. 1326(b)) is amended—

23 (1) in paragraph (1), by (A) inserting after

24 ‘‘commission of’’ the following: ‘‘two or more mis-
42

S 1351 IS

1 demeanors or’’, and (B) striking out ‘‘5’’ and insert2 ing in lieu thereof ‘‘10’’,

3 (2) in paragraph (2), by striking out ‘‘15’’ and

4 inserting in lieu thereof ‘‘20’’, and

5 (3) by adding at the end the following sentence:

6 ‘‘For the purposes of this subsection, the term ‘de7 portation’ shall include any agreement where an

8 alien stipulates to deportation during a criminal trial

9 under either Federal or State law.’’.

10 (c) COLLATERAL ATTACKS ON UNDERLYING DEPOR11 TATION ORDER.—Section 276 of the Immigration and Na12 tionality Act (8 U.S.C. 1326) is amended by inserting

13 after subsection (b) the following new subsection:

14 ‘‘(c) In any criminal proceeding under this section,

15 no alien may challenge the validity of the deportation

16 order described in subsection (a)(1) or subsection (b).’’.

17 SEC. 406. DEPORTATION OF IMPRISONED ALIENS.

18 Section 242(h) of the Immigration and Nationality

19 Act (8 U.S.C. 1252(h)) is amended to read as follows:

20 ‘‘(h)(1) Except as provided in paragraph (2), an alien

21 sentenced to imprisonment may not be deported until such

22 imprisonment has been terminated by the release of the

23 alien from confinement. Parole, supervised release, proba24 tion, or possibility of rearrest or further confinement in
43

S 1351 IS

1 respect of the same offense shall not be a ground for defer2 ral of deportation.

3 ‘‘(2) The Attorney General may deport an alien prior

4 to the completion of a sentence of imprisonment—

5 ‘‘(A) in the case of an alien in the custody of

6 the Attorney General, if the Attorney General deter7 mines that the alien has been adequately punished

8 and that such deportation of the alien is appro9 priate; or

10 ‘‘(B) in the case of an alien in the custody of

11 a State, if the chief State official exercising author12 ity with respect to the incarceration of the alien de13 termines (i) that the alien has been adequately pun14 ished and that such deportation is appropriate, and

15 (ii) submits a written request to the Attorney Gen16 eral that such alien be so deported.’’.

17 SEC. 407. JUDICIAL ORDER OF DEPORTATION.

18 (a) IN GENERAL.—Subchapter A of chapter 227 of

19 title 18, United States Code, is amended by adding at the

20 end the following:

21 ‘‘§ 3560. Order of Deportation for certain aliens

22 ‘‘The court, upon sentencing an individual who is an

23 alien for an aggravated felony (as defined in section

24 101(a)(43) of the Immigration and Nationality Act, shall

25 include in a sentencing order a declaration that the indi-
44

S 1351 IS

1 vidual is deportable. And presentence report required

2 under the Rules of Criminal Procedure with respect to the

3 sentencing of any individual for such a felony shall include

4 whether or not such individual is an alien.’’.

5 (b) CLERICAL AMENDMENT.—The table of sections

6 at the beginning of subchapter A of chapter 227 of title

7 18, United States Code, is amended by adding at the end

8 the following new item:

‘‘3560. Order of deportation for certain aliens.’’.

9 (c) DEPORTATION PROCEDURES.—Section 242A of

10 the Immigration and Nationality Act (18 U.S.C. 1252a)

11 is amended by adding at the end the following:

12 ‘‘(f) DEPORTATION PURSUANT TO A JUDICIAL

13 ORDER.—An alien subject to a judicial order of deporta14 tion under section 3560 of title 18, United States Code,

15 shall be deported consistent with section 242(h).’’.

16 SEC. 408. FEDERAL INCARCERATION.

17 (a) FEDERAL INCARCERATION.—Section 242 of the

18 Immigration and Nationality Act (8 U.S.C. 1252) is

19 amended by adding at the end the following:

20 ‘‘(j)(1) The Attorney General shall take into the cus21 tody of the Federal Government, and shall incarcerate for

22 a determinate sentence of imprisonment, a criminal alien

23 described in paragraph (3) if—

24 ‘‘(A) the chief State official exercising authority

25 with respect to the incarceration of the undocu-
45

S 1351 IS

1 mented criminal alien submits a written request to

2 the secretary;

3 ‘‘(B) the undocumented criminal is sentenced to

4 a determinate term of imprisonment;

5 ‘‘(C) the State in which the official described in

6 paragraph A exercises authority cooperates, and re7 quires local governments or agencies in such State

8 to cooperate, with Federal immigration authorities

9 with respect to the identification, location, arrest,

10 prosecution, detention, and deportation of aliens who

11 are not lawfully present in the United States; and

12 ‘‘(D) adequate Federal facilities are available

13 for the incarceration of the criminal alien.

14 ‘‘(2) Criminal aliens taken into the custody of the At15 torney General under paragraph (1) may be deported

16 under subsection (h)(2)(A).

17 ‘‘(3) An alien is described in this paragraph if the

18 alien—

19 ‘‘(A) has been convicted of a felony and sen20 tenced to a term of imprisonment, and

21 ‘‘(B)(i) had entered the United States without

22 inspection or at any time or place other than as des23 ignated by the Attorney General, or
46

S 1351 IS

1 ‘‘(ii) was the subject of exclusion or deportation

2 proceedings at the time he or she was taken into

3 custody by the State.’’.

4 SEC. 409. INCREASED PENALTY FOR VISA FRAUD.

5 (a) FALSE STATEMENT.—Section 1542 of title 18,

6 United States Code, is amended by striking ‘‘fined not

7 more than $2,000 or imprisoned not more than five years,

8 or both’’ and inserting ‘‘fined under this title or impris9 oned not more than 10 years, or both’’.

10 (b) FORGERY.—Section 1543 of title 18, United

11 States Code, is amended by striking ‘‘fined not more than

12 $2,000 or imprisoned not more than five years, or both’’

13 and inserting ‘‘fined under this title or imprisoned not

14 more than 10 years, or both’’.

15 (c) MISUSE OF PASSPORT.—Section 1544 of title 18,

16 United States Code, is amended by striking ‘‘fined not

17 more than $2,000 or imprisoned not more than five years,

18 or both’’ and inserting ‘‘fined under this title or impris19 oned not more than 10 years, or both’’.

20 (d) SAFE CONDUCT VIOLATION.—Section 1545 of

21 title 18, United States Code, is amended by striking

22 ‘‘fined not more than $2,000 or imprisoned not more than

23 three years, or both’’ and inserting ‘‘fined under this title

24 or imprisoned not more than 10 years, or both’’.
47

S 1351 IS

1 (e) FRAUD AND MISUSE OF VISAS.—Section 1546(a)

2 of title 18, United States Code, is amended by striking

3 ‘‘fined not more than $2,000 or imprisoned not more than

4 five years, or both’’ and inserting ‘‘fined under this title

5 or imprisoned not more than 10 years, or both’’.

6 SEC. 410. NOTIFICATION OF ALIEN ARREST.

7 Whenever a State or local law enforcement agency ar8 rests an immigrant or nonimmigrant alien for the commis9 sion of a felony, that State or local law enforcement agen10 cy shall provide the District Director of the Immigration

11 and Naturalization Service for the district in which the

12 State or local law enforcement agency has jurisdiction the

13 following information within 72 hours of the arrest: the

14 name of the alien; the alien’s place of birth; the alien’s

15 date of birth; the alien’s alien registration number, if any;

16 the nature of the offense for which the alien was arrested;

17 and any available information on bond, future hearings

18 and proceedings.

19 SEC. 411. EXCLUDABILITY OF UNLAWFUL ENTRANTS.

20 Section 204(c) of the Immigration and Nationality

21 Act is amended by adding a comma after the word ‘‘laws’’

22 the first time it appears, striking the word ‘‘or’’ prior to

23 ‘‘(2)’’ and inserting the following before the period: ‘‘or

24 (3) the petition was submitted by or on behalf of any alien

25 who entered or attempted to enter the United States un-
48

S 1351 IS

1 lawfully, who entered or attempted to enter with fraudu2 lent, forged or stolen documents, who failed to present the

3 immigration officer any document produced when the alien

4 boarded a common carrier for travel to the United States,

5 or who entered the United States lawfully as a non6 immigrant but violated the terms of his or her non7 immigrant visa’’.

8 SEC. 412. EXCLUSION OF IMMIGRATION LAW VIOLATORS.

9 (a) EXCLUSION OF CRIMINAL ALIEN.—Section

10 212(a)(2)(A)(i) of the Immigration and Nationality Act

11 (8 U.S.C. 1182(a)(2)(A)(i)) is amended by striking ‘‘or’’

12 at the end of subparagraph (I) and inserting the following

13 new subparagraph prior to the phrase ‘‘is excludable’’: ‘‘or

14 (III) any violation of any immigration law or any violation

15 of any federal or State statute prohibiting fraud, including

16 any statutes prohibiting income tax evasion’’.

17 (b) EXCLUSION REFORM.—Section 212 of the Immi18 gration and Nationality Act (8 U.S.C. 1182) is amended

19 by striking paragraph (c) and inserting the following as

20 new paragraph (c):

21 ‘‘(c) Aliens lawfully admitted for permanent residence

22 who temporarily proceeded abroad voluntarily and not

23 under an order of deportation shall not be admitted if that

24 alien is excludable under paragraph (a).’’.
49

S 1351 IS

1 SEC. 413. MISCELLANEOUS AND TECHNICAL CHANGES.

2 (a) FORM OF DEPORTATION HEARINGS.—The sec3 ond sentence of section 242(b) of the Immigration and

4 Nationality Act (8 U.S.C. 1252(b)) is amended by insert5 ing before the period the following: ‘‘; except that nothing

6 in this subsection shall preclude the Attorney General

7 from authorizing proceedings by electronic or telephonic

8 media (with or without the consent of the alien) or, where

9 waived or agreed to by the parties, in the absence of the

10 alien’’.

11 (b) CONSTRUCTION OF EXPEDITED DEPORTATION

12 REQUIREMENTS.—No amendment made by this Act and

13 nothing in section 242(i) of the Immigration and Nation14 ality Act (8 U.S.C. 1252(i)), shall be construed to create

15 any right or benefit, substantive or procedural, which is

16 legally enforceable by any party against the United States,

17 its agencies, its officers, or any other person.

18 TITLE V—FINANCIAL RESPONSIBILITY

19 SEC. 501. PUBLIC CHARGE DEFINED.

20 Section 212(a) of the Immigration and Nationality

21 Act (8 U.S.C. 1182(a)(4)) is amended by striking para22 graph (4) and inserting:

23 ‘‘(4) PUBLIC CHARGE.—Any alien who cannot

24 demonstrate to the consular officer at the time of

25 application for a visa, or to the Attorney General at

26 the time of application for admission or adjustment
50

S 1351 IS

1 of status, that, taking into account the alien’s age

2 and medical condition, he or she has assets, edu3 cation, skills, or a combination thereof that make it

4 very unlikely that he or she will become eligible for

5 means-tested public assistance of any kind (includ6 ing, but not limited to, medical care or food and

7 housing assistance) or will otherwise become a public

8 charge is excludable.’’.

9 SEC. 502. GUARANTEE OF FINANCIAL RESPONSIBILITY.

10 The Immigration and Nationality Act is amended by

11 striking section 213 (8 U.S.C. 1183) and inserting:

12 ‘‘SEC. 213. FINANCIAL RESPONSIBILITY OF SPONSORS.

13 ‘‘(a) An alien excludable under paragraph 4 of Sec14 tion 212(a) may, if otherwise admissible, be admitted in

15 the discretion of the Attorney General upon the giving of

16 a suitable and proper bond and a guarantee of financial

17 responsibility by an individual (hereinafter in this section

18 referred to as the alien’s ‘sponsor’) who is not less than

19 21 nor more than 60 years of age, is of good moral char20 acter, has never been convicted of a felony, has never filed

21 for bankruptcy or been adjudicated a bankrupt, and is a

22 citizen of the United States or an alien lawfully admitted

23 for permanent residence.

24 ‘‘(b) The guarantee of financial responsibility in sub25 section (a) must provide (1) that the sponsor, and the
51

S 1351 IS

1 sponsor’s spouse if the sponsor is married, agree in the

2 case of an alien under 21 years of age, to assume legal

3 custody for the alien after the alien’s departure to the

4 United States and until the alien becomes 21 years of age,

5 in accordance with the law of the State where the sponsor

6 resides, and (2) that the sponsor agrees to furnish, during

7 the 5-year period beginning on the date of the alien’s ac8 quiring the status of an alien lawfully admitted for perma9 nent residence, or during the period beginning on the date

10 of the alien’s acquiring the status of an alien lawfully ad11 mitted for permanent residence and ending on the date

12 on which the alien becomes 21 years of age, whichever pe13 riod is longer, such financial support as is necessary to

14 prevent the alien’s becoming a public charge.

15 ‘‘(c) A guarantee of financial responsibility given

16 under subsection (a) may be enforced with respect to an

17 alien by a civil suit against his sponsor by the Attorney

18 General or by any Federal or State agency that has pro19 vided the alien means-tested public assistance of any kind,

20 including but not limited to medical, food, and housing

21 assistance.

22 ‘‘(d) Civil suits under subsection (c) shall be brought

23 in the United States district court for the district in which

24 the defendant resides and may be brought at any time on

25 or before the date that is 5 years after the date on which
52

S 1351 IS

1 the sponsor’s period of financial responsibility under sub2 section (a) expired.

3 ‘‘(e) The bond required of an alien’s sponsor by sub4 section (a) shall be in favor of the United States and all

5 States, territories, countries, towns, municipalities, and

6 districts within the United States and shall hold them

7 harmless against the alien’s becoming a public charge. The

8 bond shall be in such amount and shall contain such condi9 tions as the Attorney General may prescribe. The bond

10 shall terminate upon (1) the alien’s permanent departure

11 from the United States, (2) the death of an alien, or (3)

12 the expiration of the period of financial responsibility de13 scribed in subsection (b), whichever occurs first, and any

14 sums or other security held to secure performance thereof,

15 except to the extent forfeited for violation of the terms

16 thereof, shall be returned to the person by whom fur17 nished, or to his legal representative.’’.

18 SEC. 503. LIMITED BENEFITS FOR ILLEGAL ALIENS.

19 (a) DIRECT FEDERAL FINANCIAL BENEFITS.—Not20 withstanding any other provision of law, no direct Federal

21 financial benefit or social insurance benefit may be paid,

22 conferred, or otherwise given, on or after the date of en23 actment of this Act, to any alien not lawfully admitted

24 to the United States as a permanent resident or a refugee

25 except pursuant to a provision of the Immigration and Na-
53

S 1351 IS

1 tionality Act: Provided, however, That Federal reimburse2 ment of emergency medical care provided to such an alien

3 may be provided under such regulations as the Secretary

4 of Health and Human Services may in his or her discre5 tion prescribe.

6 (b) UNEMPLOYMENT BENEFITS.—No alien who has

7 not been granted employment authorization pursuant to

8 Federal law shall be eligible for unemployment compensa9 tion under an unemployment compensation law of a State

10 or the United States.

11 TITLE VI—EMPLOYER SANCTIONS

12 SEC. 601. IMPLEMENTATION OF GAO RECOMMENDATIONS.

13 (a) WORK ELIGIBILITY DOCUMENTS.—Effective

14 January 1, 1995, Section 274A of the Immigration and

15 Nationality Act (8 U.S.C. 1324a) is amended by striking

16 subparagraphs (A) through (D) of subsection (b)(1) and

17 inserting:

18 ‘‘(A) IN GENERAL.—The person or entity

19 must attest, under penalty of perjury and on a

20 form designated or established by the Attorney

21 General by regulation, that it has verified that

22 the individual is not an unauthorized alien by—

23 ‘‘(i) examining the document de24 scribed in (B) in the case of an individual
54

S 1351 IS

1 claiming to be a United States citizen,

2 United States national,

3 ‘‘(ii) examining the document de4 scribed in paragraph (C) in the case of an

5 individual not claiming to be a United

6 States citizen, a United States national, or

7 a permanent resident alien, and

8 ‘‘(iii) reporting the individual’s Social

9 Security account number to the Social Se10 curity Administration through the tele11 phone verification system established pur12 suant to section 602 of the Immigration

13 Stabilization Act of 1993.

14 ‘‘(B) DOCUMENTS OF CITIZENS AND NA15 TIONALS.—The document described in this

16 paragraph is an individual’s Social Security ac17 count number card issued pursuant to section

18 601(c) of the Immigration Stabilization Act of

19 1993.

20 ‘‘(C) DOCUMENTS OF ALIENS.—The docu21 ment described in this paragraph is an alien’s

22 identification card issued by the Immigration

23 and Naturalization Service pursuant to section

24 601(b) of the Immigration Stabilization Act of

25 1993.’’.
55

S 1351 IS

1 (b) IMPROVEMENT OF ALIEN IDENTITY CARDS.—

2 (1) PERMANENT RESIDENT ALIENS.—The At3 torney General shall cause to be issued to every alien

4 acquiring lawful permanent residence in the United

5 States after June 30, 1994, and, upon application,

6 to any alien who acquired lawful permanent resi7 dence before July 1, 1994, an alien identification

8 card that shall—

9 (A) be uniform in appearance,

10 (B) be as tamper-proof and counterfeit-re11 sistant as practicable,

12 (C) contain a photograph and fingerprint,

13 (D) display the name, sex, date of birth,

14 and such other identifying information as the

15 Attorney General shall determine, and

16 (E) incorporate a machine-readable encod17 ing of the information displayed on the card.

18 (2) OTHER ALIENS.—The Attorney General

19 shall cause to be issued to every alien who becomes

20 authorized to work in the United States after June

21 30, 1994, other than by reason of lawful admission

22 for permanent residence, and shall cause to be is23 sued, upon application, to any other alien who is au24 thorized to work in the United States other than by
56

S 1351 IS

1 reason of lawful admission for permanent residence

2 an alien identification card that shall—

3 (A) be uniform in appearance,

4 (B) be as tamper-proof and counterfeit-re5 sistant as practicable,

6 (C) contain a photograph and fingerprint,

7 (D) display the alien’s name, sex, date of

8 birth, place of birth, and such other identifying

9 information as the Attorney General shall de10 termine,

11 (E) show an expiration date that shall be

12 determined in accordance with regulations is13 sued by the Attorney General, but shall not in

14 any case be later than three calendar years

15 after the date of issuance, and

16 (F) incorporate a machine-readable encod17 ing of the information displayed on the card.

18 (c) IMPROVEMENT OF SOCIAL SECURITY CARDS.—

19 (1) IMPROVED CARD FOR CITIZENS.—The Sec20 retary shall cause to be issued improved Social Secu21 rity account number cards to United States citizens

22 and United States nationals upon application, proof

23 of identity, proof of citizenship or nationality, and

24 payment of a reasonable fee.
57

S 1351 IS

1 (2) IMPROVED CARD FOR ALIENS.—The Sec2 retary shall cause to be issued improved Social Secu3 rity account number cards to aliens lawfully admit4 ted for permanent residence upon application, proof

5 of identity, verification of status by the Immigration

6 and Naturalization Service, and payment of a rea7 sonable fee.

8 (3) REQUIREMENTS.—The cards described in

9 paragraphs (1) and (2) shall—

10 (A) be uniform in appearance,

11 (B) be as tamper-proof and counterfeit-re12 sistant as practicable,

13 (C) contain a photograph and fingerprint,

14 (D) display the name, sex, date of birth,

15 place of birth, and Social Security account

16 number of the issuee, and such other identify17 ing information as the Secretary shall deter18 mine, and

19 (E) incorporate a machine-readable encod20 ing of the information displayed on the card.

21 (4) SECRETARY DEFINED.—For purposes of

22 this subsection, Secretary means the Secretary of

23 Health and Human Services.

24 (d) REASONABLE FEE.—The amount of the fee that

25 is to be charged under subsections (b) and (c) shall be
58

S 1351 IS

1 the amount (rounded to the nearest whole dollar), not ex2 ceeding $50, required to cover the costs of issuing the

3 card.

4 (e) NO OTHER CARDS.—No Social Security account

5 number card or alien identification card shall be issued

6 after June 30, 1994, whether as an original card or as

7 a replacement, that does not satisfy the requirements of

8 this section.

9 (f) DEFINITIONS.—For purposes of this section—

10 (1) ‘‘State’’ means one of the United States,

11 the District of Columbia, or Puerto Rico, and

12 (2) ‘‘place of birth’’ means, for an individual—

13 (A) born in a State, the two-letter symbol

14 used by the United States Post Office to iden15 tify that State, or

16 (B) not born in a State, such two-letter

17 symbol as the Secretary shall determine by reg18 ulations.

19 SEC. 602. VERIFICATION BY TELEPHONE.

20 (a) SOCIAL SECURITY DATABASE.—By September

21 30, 1994, the Secretary of Health and Human Services

22 shall make such modifications to the Social Security ac23 count number data base (NUMIDENT) as are practicable

24 and enable confirmation through the telephone verification

25 system described in subsection (d) that a Social Security
59

S 1351 IS

1 account number has been issued to an individual identified

2 by last name, sex, year of birth, and place of birth and

3 that such individual is not known to the Secretary of

4 Health and Human Services to be an alien not authorized

5 to work in the United States. At a minimum the data base

6 shall be modified to enable confirmation that a Social Se7 curity account number is not assigned to an individual au8 thorized to work in the United States because the num9 ber—

10 (1) has not been issued,

11 (2) was issued to an individual known by the

12 Secretary of Health and Human Services as not au13 thorized to work,

14 (3) was issued to a person that is deceased and

15 has not been reissued, or

16 (4) was issued to an alien that any data base

17 of the Immigration and Naturalization Service shows

18 is not authorized to work in the United States.

19 The Attorney General shall provide such assistance as the

20 Secretary of Health and Human Services may require to

21 merge or otherwise make use of any data base of the Im22 migration and Naturalization Service for the purposes of

23 this section.

24 (b) EXCHANGE OF INFORMATION.—The Attorney

25 General shall notify the Secretary of Health and Human
60

S 1351 IS

1 Services of the expiration of an alien’s authorization to

2 work in the United States not later than 14 calendar days

3 after the date of expiration. The Secretary of Health and

4 Human Services shall furnish the Attorney General with

5 a list of any aliens for whom confirmation of work eligi6 bility has been requested not later than 5 calendar days

7 after such request. Such list shall include the telephone

8 number from which the request was made and the em9 ployer identification number of the requester.

10 (c) ADULT APPLICANTS.—The Secretary of Health

11 and Human Services shall furnish to the Attorney General

12 a copy of any application (including supporting docu13 mentation) for a Social Security account number by an

14 alien or by an individual over 16 years of age who claims

15 to be a United States citizen or national and shall not

16 issue a number before the earlier of the following dates:

17 (1) The date on which the Attorney General

18 confirms in writing that his records do not show

19 that the applicant is an alien unauthorized to work

20 in the United States.

21 (2) 60 days after a copy of the application and

22 supporting documentation has been delivered to the

23 Attorney General.

24 (d) TELEPHONE VERIFICATION SYSTEM.—Before

25 January 1, 1995, the Secretary of Health and Human
61

S 1351 IS

1 Services shall test and place in operation a system whereby

2 an employer can report by touch-tone telephone his em3 ployer identification number and the Social Security ac4 count number, last name, sex, year of birth, and place of

5 birth of any individual who is to be employed and can re6 ceive immediate confirmation that the number was issued

7 to the individual having that identity and that such person

8 is not identified within the Social Security account number

9 data base as an individual who is not a United States citi10 zen, a United States national, or an alien authorized to

11 work in the United States. The charge for each call will

12 be sufficient to cover the costs of operating the system,

13 except that it shall not exceed $2 plus any line charges

14 payable to the telephone carrier. The system shall provide

15 for access to a live operator if an entry is not accepted

16 or confirmed, shall provide a verification code to the caller,

17 shall create and maintain a record of each inquiry (includ18 ing the telephone number of the requester) and its ver19 ification code for not less than two years, and shall accom20 modate devices that read the magnetic strip incorporated

21 by a card issued under section 601.

22 (e) ABUSE OF SYSTEM.—The use of the telephone

23 verification system established by subsection (d) by a per24 son other than—
62

S 1351 IS

1 (1) an employer acting pursuant to Section

2 274A(b)(1) of the Immigration and Nationality Act,

3 or

4 (2) an officer or employee of an agency of the

5 United States or of any State acting in the perform6 ance of official duties,

7 shall be punishable by a fine of not more than $1,000 per

8 occurrence.

9 SEC. 603. UNIFORM VITAL STATISTICS.

10 The Secretary of Health and Human Services shall

11 consult with the State agency responsible for registration

12 and certification of births and deaths and, within 2 years

13 of the date of enactment of this Act, shall establish a na14 tional electronic network linking the vital statistics records

15 of such States. The network shall provide, where practical,

16 for the matching of deaths with births and shall enable

17 the confirmation of births and deaths of citizens of the

18 United States, or of aliens within the United States, by

19 any Federal or State agency or official in the performance

20 of official duties. The Secretary shall institute measures

21 to achieve uniform and accurate reporting of vital statis22 tics into the national network, to protect the integrity of

23 the registration and certification process, and to prevent

24 fraud against the Government and other persons through

25 the use of false birth or death certificates.
63

S 1351 IS

1 TITLE VII—BORDER SECURITY

2 SEC. 701. BORDER PATROL PERSONNEL.

3 The number of full-time officer positions in the bor4 der patrol of the Immigration and Naturalization Service

5 shall be increased to 5,900 in fiscal year 1994, 6,900 in

6 fiscal year 1995, 7,900 in fiscal year 1996, 8,900 in fiscal

7 year 1997, and 9,900 in fiscal year 1998.

8 SEC. 702. BORDER CROSSING FEE.

9 The Commissioner shall collect a user fee for each

10 entry into the United States by land or by sea after De11 cember 31, 1993. The fee shall be $3 for each person en12 tering other than by private automobile, van, or truck and

13 $5 for each private automobile, van, or truck. The Com14 missioner by regulation may establish a reduced fee or a

15 multiple-crossing fee for frequent border crossers.

16 SEC. 703. BORDER CONTROL TRUST FUND.

17 There is established a Border Control Trust Fund

18 (‘‘Fund’’) under the control of the Commissioner. The fees

19 collected under section 702 shall be deposited into the

20 Fund. Amounts deposited into the Fund and the earnings

21 thereon shall be expended by the Commissioner exclusively

22 on (1) measures, personnel, structures, and devices to

23 deter and prevent illegal entry of persons and contraband

24 into the United States by land or by sea, (2) construction

25 and operation of facilities to expedite lawful border traffic
64

S 1351 IS

1 and reduce, where practical, extensive delays in the time

2 required for lawful entry of goods and persons, and (3)

3 financial and other assistance to State and local law en4 forcement agencies that have entered into cooperative ar5 rangements with the Immigration and Naturalization

6 Service. Not less than 80 percent of the sum of (a)

7 amounts deposited into the Fund during a fiscal year and

8 (b) the earnings of the Fund during that fiscal year shall

9 be expended during that or the subsequent fiscal year.

10 SEC. 704. RESPONSIBILITY OF INTERNATIONAL CARRIERS.

11 (A) IN GENERAL.—Section 273 of the Immigration

12 and Nationality Act (8 U.S.C. 1323) is amended—

13 (1) in subsection (a), by striking ‘‘(other than

14 from foreign contiguous territory)’’;

15 (2) by redesignating subsections (c) and (d) as

16 subsections (e) and (f), respectively;

17 (3) by inserting after subsection (b) the follow18 ing:

19 ‘‘(c) RECORDS.—The Attorney General shall main20 tain a record of each undocumented alien arriving on or

21 after the date of enactment of this subsection at a United

22 States port of entry and of the carrier which brought such

23 alien to that port of entry.’’;

24 (4) by inserting after subsection (c) (as added

25 by paragraph (4)), the following:
65

S 1351 IS

1 ‘‘(d) REPEAT OFFENSES.—(1) If the Attorney Gen2 eral determines that, during the preceding calendar year,

3 any carrier has delivered an average of more than 0.5 un4 documented aliens per arrival at United States ports of

5 entry then, for the next calendar year, in lieu of the pen6 alty of $3,000 specified in subsection (b), such carrier

7 shall pay to the Attorney General a penalty of $10,000

8 for each alien brought in violation of subsection (a) or,

9 alternatively, such carrier may choose to participate in a

10 1-year pilot program intended to reduce the number of

11 undocumented aliens arriving at United States ports of

12 entry via international carriers. If such international car13 rier chooses to participate in the 1-year pilot program,

14 that carrier will be subject to the penalty levels prescribed

15 in subsection (b), rather than the increased penalty levels

16 specified in this subsection, for each alien brought in viola17 tion of subsection (a). The 1-year pilot program, which

18 can be extended for multiple years at the discretion of the

19 Attorney General, shall consist of a program whereby the

20 international carrier collects the travel documents nec21 essary for entry into the United States from all passengers

22 upon their entry to the carrier and physically returns them

23 to the passengers on an individual basis only at the actual

24 point of inspection at the United States port of entry by

25 United States immigration officials.
66

S 1351 IS

1 ‘‘(2) If the Attorney General determines that, during

2 the preceding calendar year, any carrier has delivered an

3 average of more than 1.5 undocumented aliens per arrival

4 at United States ports of entry, then, for the next calendar

5 year, in lieu of the penalties specified in subsection (b)

6 and in paragraph (1) of this subsection, such carrier shall

7 pay to the Attorney General a penalty of $20,000 for each

8 alien brought in violation of subsection (a).

9 ‘‘(3) If the Attorney General determines that, in the

10 preceding calendar year, any carrier has delivered an aver11 age of more than 2 undocumented aliens per arrival at

12 United States ports of entry, then such carrier shall forfeit

13 all landing rights in the United States for the next cal14 endar year.’’; and

15 (5) subsection (e) (as redesignated) is amend16 ed—

17 (A) by inserting after ‘‘refunded.’’ the fol18 lowing: ‘‘Unless the alien transported is granted

19 political asylum status in the United States or’’;

20 and

21 (B) by inserting before the period at the

22 end thereof ‘‘or that the visa or other immigra23 tion documentation presented to the carrier was

24 forged, counterfeit, altered, falsely made, stolen,
67

S 1351 IS

1 or inapplicable to the alien presenting the docu2 ment’’.

3 (b) EFFECTIVE DATE.—The amendment made by

4 subsection (a)(4) shall take effect on January 1 of the sec5 ond calendar year following the date of enactment of this

6 Act.

7 TITLE VIII—ALIEN SMUGGLING

8 SEC. 801. COOPERATIVE ARRANGEMENTS.

9 The Secretary of State shall undertake to enter into,

10 on behalf of the United States, cooperative arrangements

11 with appropriate foreign governments for the purpose of

12 preventing the unlawful entry of aliens by land, air, or

13 sea.

14 SEC. 802. COAST GUARD INSTRUCTIONS.

15 The Secretary of Defense, in consultation, when ap16 propriate, with the Attorney General and the Secretary of

17 State, shall instruct the Coast Guard to deter and prevent

18 the unlawful entry of aliens into the United States by sea.

19 Such instructions shall include directives providing for

20 stopping and boarding vessels, making inquiries of persons

21 and inspecting documents and property on board such ves22 sels, and returning a vessel to the country from which it

23 came or to another country. In the case of vessels outside

24 the territorial sea of the United States, such instructions

25 shall be limited to vessels of the United States, vessels
68

S 1351 IS

1 without nationality, vessels assimilated to vessels without

2 nationality, and vessels of foreign nations with which the

3 United States has arrangements authorizing the United

4 States to stop and board such vessels. Except as otherwise

5 provided in the preceding sentence, actions pursuant to

6 this section are authorized to be undertaken both within

7 and beyond the territorial sea of the United States.

8 SEC. 803. APPLICATION OF RICO.

9 Section 1961(1) of title 18, United States Code, is

10 amended by striking ‘‘or’’ immediately prior to ‘‘(E)’’, and

11 by adding: ‘‘or (F) any act which is indictable under any

12 of the following provisions of title 8, United States Code,

13 section 1324(a)(i) (relating to prohibitions on bringing in

14 or harboring certain aliens), section 1325 (relating to ille15 gal entry, marriage fraud, or establishing a commercial

16 enterprise for the purpose of evading the immigration

17 laws), section 1327 (relating to aiding or assisting certain

18 aliens to enter the United States), or section 1328 (relat19 ing to the importation of aliens for immoral purpose).’’

20 SEC. 804. INCREASED PENALTIES FOR ALIEN SMUGGLING.

21 Pursuant to section 994 of title 28, United States

22 Code, the United States Sentencing Commission shall pro23 mulgate guidelines, or amend existing guidelines, to pro24 vide that a defendant convicted of violating, or conspiring

25 to violate section 1324(a) of title 8, United States Code,
69

S 1351 IS

1 shall be assigned not less than offense level 25 under sec2 tion 2L1.1 of the United States Sentencing Guidelines if

3 any of the following factors exist—

4 (1) if the offense involved five or more aliens in

5 a single scheme or otherwise;

6 (2) if the offense involved other criminal activ7 ity including, but not limited to, violations of the

8 Controlled Substances Act, prostitution, importation

9 of aliens for immoral purposes, trafficking in fire10 arms, money laundering, illegal gang activities, kid11 napping or ransom demands, fraudulent documents,

12 or extortion;

13 (3) if the offense involves smuggling of persons

14 under the age of 18 years for the purposes of illegal

15 adoption or of sexual or commercial exploitation;

16 (4) if the offense involves the smuggling of

17 known or suspected terrorists or persons involved in

18 organized crime;

19 (5) if the offense involves dangerous or inhu20 mane treatment of the persons smuggled; or

21 (6) if death or serious bodily harm occurs to

22 persons smuggled.

23 Otherwise, the base offense level shall be 13, except for

24 an offense described in section 1324(a)(2)(A) of title 8,

25 United States Code.
70

S 1351 IS

1 SEC. 805. EXPANDED FORFEITURE FOR SMUGGLING OR

2 HARBORING.

3 Subsection 274(b) of the Immigration and National4 ity Act (8 U.S.C. 1324(b)) is amended—

5 (1) by amending paragraph (1) to read as fol6 lows:

7 ‘‘(1) Any property, real or personal, which fa8 cilitates or is intended to facilitate, or which has

9 been used in or is intended to be used in the com10 mission of a violation of subsection (a) or of sections

11 274A(a)(1) or 274A(a)(2), or which constitutes or is

12 derived from or traceable to the proceeds obtained

13 directly or indirectly from a commission of a viola14 tion of subsection (a), shall be subject to seizure and

15 forfeiture, except that—

16 ‘‘(A) no property, used by any person as a

17 common carrier in the transaction of business

18 as a common carrier shall be forfeited under

19 the provisions of this section unless it shall ap20 pear that the owner or other person in charge

21 of such property was a consenting party or

22 privy to the illegal act;

23 ‘‘(B) no property shall be forfeited under

24 the provisions of this section by reason of any

25 act or omission established by the owner thereof

26 to have been committed or omitted by any per-
71

S 1351 IS

1 son other than such owner while such property

2 was unlawfully in the possession of a person

3 other than the owner in violation of the crimi4 nal laws of the United States or of any State;

5 and

6 ‘‘(C) no property shall be forfeited under

7 this paragraph to the extent of an interest of

8 any owner, by reason of any act or omission es9 tablished by that owner to have been committed

10 or omitted without the knowledge or consent of

11 the owner, unless such action or omission was

12 committed by an employee or agent of the

13 owner, and facilitated or was intended to facili14 tate, or was used in or intended to be used in,

15 the commission of a violation of subsection (a)

16 or of section 274A(a)(1) or 274A(a)(2) which

17 was committed by the owner or which intended

18 to further the business interests of the owner,

19 or to confer any other benefit upon the owner.’’.

20 (2) by striking from paragraph (2)—

21 (A) ‘‘conveyance’’ both places it appears

22 and inserting in lieu thereof ‘‘property’’; and

23 (B) ‘‘is being used in’’ and inserting in lieu

24 thereof ‘‘is being used in, is facilitating, has fa25 cilitated, or was intended to facilitate’’;
72

S 1351 IS

1 (3) by striking from paragraphs (4) and (5) ‘‘a

2 conveyance’’ and ‘‘conveyance’’ each place such

3 phrase or word appears and inserting in lieu thereof

4 ‘‘property’’;

5 (4) by striking from paragraph (4)—

6 (A) ‘‘or’’ at the end of subparagraph (C),

7 and

8 (B) the period at the end of subparagraph

9 (D) and insetting ‘‘; or’’; and

10 (5) by adding after paragraph (4)(E):

11 ‘‘(E) transfer custody and ownership of

12 forfeited property to any Federal, State, or

13 local agency pursuant to the Tariff Act of

14 1930, as amended (19 U.S.C. 1616a(c)).’’.

15 SEC. 806. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN16 VESTIGATIONS.

17 (a) Section 2516(1) of title 18, United States Code,

18 is amended—

19 (1) in paragraph (c) by inserting after ‘‘weap20 ons),’’ the following: ‘‘or a felony violation of section

21 1028 (relating to production of false identification

22 documentation), section 1546 (relating to fraud and

23 misuse of visas, permits, and other documents),’’;
73

S 1351 IS

1 (2) by striking ‘‘or’’ after paragraph (l) and re2 designating paragraphs (m), (n), and (o) as para3 graphs (n), (o), and (p), respectively;

4 (3) by inserting after paragraph (l) the follow5 ing new paragraph:

6 ‘‘(m) a violation of section 274 of the Immigra7 tion and Nationality Act (8 U.S.C. 1324) (relating

8 to alien smuggling), of section 277 of the Immigra9 tion and Nationality Act (8 U.S.C. 1327) (relating

10 to the smuggling of aliens convicted of aggravated

11 felonies or of aliens subject to exclusion on grounds

12 of national security), or of section 278 of the Immi13 gration and Nationality Act (8 U.S.C. 1328) (relat14 ing to smuggling of aliens for the purpose of pros15 titution or other immoral purpose); ’’; and

16 (4) by striking ‘‘or any Deputy Assistant Attor17 ney General in the Criminal Division specially des18 ignated by the Attorney General’’ and inserting ‘‘or

19 any Deputy Assistant Attorney General or acting

20 Deputy Assistant Attorney General in, or one other

21 officer or employee of, the Criminal Division spe22 cially designated by the Attorney General’’.

23 (b) Section 2518(5) of title 18, United States Code,

24 is amended by inserting ‘‘(including personnel of a foreign
74

S 1351 IS

1 government or of a State or subdivision of a State)’’ after

2 ‘‘Government personnel’’.

3 (c) Section 2510(7) of title 18, United States Code,

4 is amended by inserting before the semicolon ‘‘and addi5 tionally, for purposes of section 2517(1)–(2), any person

6 authorized to perform investigative, law enforcement, or

7 prosecutorial functions by a foreign government’’.

8 TITLE IX—LOCAL COOPERATION

9 SEC. 901. SAVE SYSTEM MANDATED.

10 Notwithstanding any other provision of law, no Fed11 eral financial assistance shall be paid to a State or local

12 government or agency for the aid to families with depend13 ent children program under subchapter IV of title 42

14 United States Code, the medicaid program under sub15 chapter XIX of title 42 United States Code, the unemploy16 ment compensation program under section 3304 of title

17 26 of United States Code, the Food Stamp Program under

18 the Food Stamp Act of 1977, or the financial assistance

19 programs under the United States Housing Act of 1937,

20 Section 235 or 236 of the National Housing Act, or sec21 tion 101 of the Housing and Urban Development Act of

22 1965 if such government or agency does not verify the

23 immigration status of aliens applying for benefits under

24 these programs through use of the automated SAVE sys-
75

S 1351 IS

1 tem established under section 12 of the Immigration Re2 form and Control Act of 1986 (Public Law 99–603).

3 TITLE X—CITIZENSHIP

4 SEC. 1001. BASIS OF CITIZENSHIP CLARIFIED.

5 In the exercise of its powers under section 5 of the

6 Fourteenth Article of Amendment to the Constitution of

7 the United States, the Congress has determined and here8 by declares that any person born after the date of enact9 ment of this title to a mother who is neither a citizen of

10 the United States nor admitted to the United States as

11 a lawful permanent resident, and which person is a na12 tional or citizen of another country of which either of his

13 or her natural parents is a national or citizen, or is enti14 tled upon application to become a national or citizen of

15 such country, shall be considered as born subject to the

16 jurisdiction of that foreign country and not subject to the

17 jurisdiction of the United States within the meaning of

18 section 1 of such Article and shall therefore not be a citi19 zen of the United States or of any State solely by reason

20 of physical presence within the United States at the

21 moment of birth.

22 SEC. 1002. VOTING LIMITED TO CITIZENS.

23 In the exercise of its powers under section 5 of the

24 Fourteenth Article of Amendment to the Constitution of

25 the United States to enforce the prohibition of section 1
76

S 1351 IS

1 of such Article against the making or enforcing of any law

2 that shall abridge the privileges or immunities of citizens

3 of the United States, the Congress determines that the

4 right of citizens to vote is a privilege of citizens of the

5 United States and that voting in elections of the United

6 States or of any State by persons who are not citizens

7 of the United States is an abridgement of that privilege.

8 It shall be unlawful, and a felony punishable by a fine

9 of not more than $10,000 and/or imprisonment of not

10 more than 1 year for each unlawful vote, for any person

11 who is not a citizen of the United States to vote in any

12 election to which the provisions of the Fifteenth, Nine13 teenth, Twenty-Fourth, or Twenty-Sixth Article of

14 Amendment to the Constitution applies or in any other

15 election, referendum, ballot, or other procedure of the

16 United States or of any State in which votes are taken.

17 Any vote that is cast in violation of this section shall be

18 null, void, and of no effect and shall not be counted.

Æ

S 1351 IS——2

S 1351 IS——3

S 1351 IS——4

S 1351 IS——5