II

103D CONGRESS

1ST SESSION S. 1348

To amend the Immigration and Nationality Act to reform the asylum law,

to increase penalties for alien smuggling, to authorize appropriations

for the Immigration and Naturalization Service, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 3 (legislative day, JUNE 30), 1993

Mr. BRYAN 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 reform

the asylum law, to increase penalties for alien smuggling,

to authorize appropriations for the Immigration and Naturalization Service, and for other purposes.

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 ‘‘Asylum Reform and Alien Smuggling Control 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—FRAUDULENT ASYLUM APPLICATIONS AND ALIEN

SMUGGLING AND FRAUD

Sec. 101. Inspection and exclusion by immigration officers.

Sec. 102. Enhanced penalties and amended sentencing guidelines for alien

smuggling.

Sec. 103. Effective date.

TITLE II—ASYLUM

Sec. 201. Asylum.

Sec. 202. Failure to appear for asylum hearing.

Sec. 203. Judicial review.

Sec. 204. Conforming amendments.

Sec. 205. Effective dates.

TITLE III—BORDER PATROL AND ASYLUM OFFICER POSITIONS

Sec. 301. Border Patrol positions.

Sec. 302. Asylum officer positions.

Sec. 303. Authorization of appropriations.
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1 TITLE I—FRAUDULENT ASYLUM APPLICA2 TIONS AND ALIEN SMUGGLING AND

3 FRAUD

4 SEC. 101. INSPECTION AND EXCLUSION BY IMMIGRATION

5 OFFICERS.

6 (a) INSPECTION OF ALIENS.—Section 235(b) (8

7 U.S.C. 1225(b)) is amended to read as follows:

8 ‘‘(b) INSPECTION AND EXCLUSION BY IMMIGRATION

9 OFFICERS.—

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

11 alien who is seeking entry to the United States.

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

13 determines that an alien seeking entry—

14 ‘‘(i) does not present the documentation

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

16 United States; and

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

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

19 fear of persecution,

20 the officer shall order the alien excluded from the

21 United States without further hearing or review.

22 ‘‘(B) The examining immigration officer shall

23 refer for immediate inspection at a port of entry by

24 an asylum officer under subparagraph (C) any alien
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1 who has indicated an intention to apply for asylum

2 or a fear of persecution.

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

4 alien has a credible fear of persecution, the alien

5 shall be entitled to apply for asylum under section

6 208.

7 ‘‘(ii)(I) Subject to subclause (II), if an asylum

8 officer determines that an alien does not have a

9 credible fear of persecution, the officer shall order

10 the alien excluded without further hearing or review.

11 ‘‘(II) The Attorney General shall promulgate

12 regulations to provide for the immediate review by

13 another asylum officer at the port of entry of a deci14 sion under subclause (I).

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

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

17 it is more probable than not that the statements

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

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

20 in light of such statements and of such other facts

21 as are known to the officer, that the alien could es22 tablish eligibility for asylum under section 208.

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

24 (B), if the examining immigration officer determines

25 that an alien seeking entry is not clearly and beyond
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1 a doubt entitled to enter, the alien shall be detained

2 for a hearing before a special inquiry officer.

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

4 not apply—

5 ‘‘(i) to an alien crewman,

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

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

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

9 273(d) exist.

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

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

12 shall be subject to challenge by any other immigra13 tion officer and such challenge shall operate to take

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

15 before a special inquiry officer for a hearing on ex16 clusion of the alien.

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

18 has not entered the United States for purposes of

19 this Act unless and until such alien has been in20 spected and admitted by an immigration officer pur21 suant to this subsection.

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

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

24 the United States for a continuous period of one

25 year, and (iii) has not been inspected and admitted
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1 by an immigration officer shall be deemed to have

2 entered the United States without inspection.’’

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

4 U.S.C. 1227(a)) is amended—

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

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

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

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

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

10 235(b)(2), if’’.

11 SEC. 102. ENHANCED PENALTIES AND REVISED SENTENC12 ING GUIDELINES FOR ALIEN SMUGGLING.

13 (a) ADDITIONAL CRIMINAL PENALTY.—Section

14 274(a)(1) (8 U.S.C. 1324(a)(1)) is amended—

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

16 (C),

17 (2) by striking the comma at the end of sub18 paragraph (D) and inserting ‘‘; or’’,

19 (3) by inserting after subparagraph (D) the fol20 lowing:

21 ‘‘(E) contracts or agrees with another party for

22 that party to provide, for employment by the person

23 or another, an alien who is not authorized to be em24 ployed in the United States, knowing that such

25 party intends to bring about the entry of such alien
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1 into the United States in violation of the laws of the

2 United States,’’

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

4 years’’, and

5 (5) by inserting before the final period the fol6 lowing: ‘‘Provided that in any case in which the per7 son subjects to serious bodily injury, or places in

8 jeopardy the life of, any alien involved in the offense,

9 the person shall be fined in accordance with the pro10 visions of title 18 of the United States Code or im11 prisoned not more than 20 years for each alien in

12 respect to whom any violation of this paragraph oc13 curs, or both.’’.

14 (b) TREATMENT OF SMUGGLING AS AN AGGRAVATED

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

16 U.S.C. 1101(a)(43)) is amended by inserting ‘‘or any of17 fense under section 274(a)’’ before ‘‘for which the term

18 of imprisonment’’.

19 (c) CONSPIRACY.—Section 274 (8 U.S.C. 1324) is

20 amended by adding at the end the following new sub21 section:

22 ‘‘(d) CONSPIRACY.—Whoever conspires to commit

23 any offense defined in this section shall be subject to the

24 same penalties as those prescribed for the offense the com25 mission of which was the object of the conspiracy.’’.
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1 (d) SENTENCING GUIDELINES.—The United States

2 Sentencing Commission shall promptly promulgate, pursu3 ant to 28 United States Code 994, amendments to the

4 sentencing guidelines to make appropriate increases in the

5 base offense level for offenses under section 274 of the

6 Immigration and Nationality Act (8 U.S.C. 1324) to re7 flect the increases in maximum penalties for such offenses

8 in section 102 of this Act.

9 SEC. 103. EFFECTIVE DATE.

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

11 amendments made by this title shall take effect on the

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

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

14 or after such date.

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

16 102(b) shall apply to offenses for which convictions are

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

18 this Act.

19 (c) INTERIM REFERENCE TO ASYLUM.—Any ref20 erence in section 235(b)(2) of the Immigration and Na21 tionality Act (as amended by section 101(a) of this Act)

22 to asylum under section 208 of the Immigration and Na23 tionality Act shall be deemed, before the effective date of

24 the amendment made by section 201(a), to be a reference

25 to asylum under section 208 of such Act.
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1 TITLE II—ASYLUM

2 SEC. 201. ASYLUM.

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

4 amended to read as follows:

5 ‘‘SEC. 208. (a) ASYLUM.—

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

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

8 port of entry may apply for asylum in accordance

9 with this section.

10 ‘‘(2) CONDITIONS FOR GRANTING.—

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

12 General shall grant temporary asylum to an

13 alien if the alien applies for temporary asylum

14 in accordance with the requirements of this sec15 tion and establishes that it is more probable

16 than not that in the alien’s country of national17 ity (or, in the case of a person having no na18 tionality, the country in which such alien last

19 habitually resided) such alien’s life or freedom

20 would be threatened on account of race, reli21 gion, nationality, membership in a particular

22 social group, or political opinion.

23 ‘‘(B) DISCRETIONARY CASES.—The Attor24 ney General may grant asylum to an alien if the

25 alien applies for asylum in accordance with the
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1 requirements of this section and establishes

2 that the alien has good reason to fear persecu3 tion in the alien’s country (or, in the case of a

4 person having no nationality, the country in

5 which such alien last habitually resided) on ac6 count of race, religion, nationality, membership

7 in a particular social group, or political opinion.

8 ‘‘(C) EXCEPTION.—Subparagraphs (A)

9 and (B) shall not apply to an alien if the Attor10 ney General determines that—

11 ‘‘(i) the alien ordered, incited, as12 sisted, or otherwise participated in the per13 secution of any person on account of race,

14 religion, nationality, membership in a par15 ticular social group, or political opinion;

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

17 by a final judgment of a particularly seri18 ous crime, constitutes a danger to the com19 munity of the United States;

20 ‘‘(iii) there are serious reasons for be21 lieving that the alien has committed a seri22 ous nonpolitical crime outside the United

23 States prior to the arrival of the alien in

24 the United States;
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1 ‘‘(iv) there are reasonable grounds for

2 regarding the alien as a danger to the se3 curity of the United States; or

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

5 alien has been identified (other than the

6 country described in subparagraph (A)) to

7 which the alien can be deported or re8 turned and the alien does not establish

9 that it is more likely than not that the

10 alien’s life or freedom would be threatened

11 in such country on account of race, reli12 gion, nationality, membership in a particu13 lar social group, or political opinion.

14 For purposes of clause (ii), an alien who has

15 been convicted of an aggravated felony shall be

16 considered to have committed a particularly se17 rious crime. The Attorney General shall pro18 mulgate regulations that specify additional

19 crimes that will be considered to be a crime de20 scribed in clause (ii) or clause (iii). The Attor21 ney General shall promulgate regulations estab22 lishing such additional limitations and condi23 tions as the Attorney General considers appro24 priate under which an alien shall be ineligible to

25 apply for asylum under subparagraph (B).
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1 ‘‘(3) ASYLUM STATUS.—In the case of any alien

2 granted asylum under paragraph (2), the Attorney

3 General, in accordance with this section—

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

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

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

7 employment in the United States and provide

8 the alien with an ‘employment authorized’ en9 dorsement or other appropriate work permit;

10 and

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

12 with the prior consent of the Attorney General,

13 except that such travel may not be authorized

14 to the country from which the alien claimed to

15 be fleeing persecution.

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

17 paragraph (2) may be terminated if the Attorney

18 General, pursuant to such regulations as the Attor19 ney General may prescribe, determines that—

20 ‘‘(A) the alien no longer meets the condi21 tions described in paragraph (2) owing to a

22 change in circumstances in the alien’s country

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

24 no nationality, in the country in which the alien

25 last habitually resided;
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1 ‘‘(B) the alien meets a condition described

2 in paragraph (2)(C);

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

4 has been identified (other than the country de5 scribed in paragraph (2)) to which the alien can

6 be deported or returned and the alien cannot

7 establish that it is more likely than not that the

8 alien’s life or freedom would be threatened in

9 such country on account of race, religion, na10 tionality, membership in a particular social

11 group, or political opinion; or

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

13 which the alien claimed to be fleeing persecu14 tion or makes application with the Attorney

15 General to return to the country from which the

16 alien claimed to be fleeing persecution.

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

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

19 or paragraph (4)(C), the alien’s deportation or re20 turn shall be directed by the Attorney General; in

21 the sole discretion of the Attorney General, to any

22 country which is willing to accept the alien into its

23 territory (other than the country described in para24 graph (2)).

25 ‘‘(b) ASYLUM PROCEDURE.—
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1 ‘‘(1) APPLICATIONS.—

2 ‘‘(A) IN GENERAL.—

3 ‘‘(i) DEADLINE.—Subject to clause

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

5 not be considered under this section un6 less—

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

8 than thirty days after entering or

9 coming to the United States, notice of

10 intention to file such an application,

11 and

12 ‘‘(II) such application is actually

13 filed not later than 45 days after en14 tering or coming to the United States.

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

16 temporary asylum may be considered, not17 withstanding that the requirements of

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

19 alien demonstrates by clear and convincing

20 evidence changed circumstances in the

21 alien’s country of nationality (or in the

22 case of an alien with no nationality, in the

23 country where the alien last habitually re24 sided) affecting eligibility for asylum.
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1 ‘‘(B) REQUIREMENTS.—An application for

2 temporary asylum shall not be considered un3 less the alien submits to the taking of finger4 prints and a photograph in a manner deter5 mined by the Attorney General.

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

7 provide for a reasonable fee for the consider8 ation of an application for asylum or for any

9 employment authorization under subsection

10 (a)(3)(B).

11 ‘‘(D) NOTICE OF PRIVILEGE OF COUNSEL

12 AND CONSEQUENCES OF FRIVOLOUS APPLICA13 TION.—

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

15 notice of intention to apply for asylum, the

16 alien shall be advised of the privilege of

17 being represented (at no expense to the

18 government) by such counsel, authorized to

19 practice in such proceedings, as the alien

20 shall choose and of the consequences,

21 under subsection (d), of filing a frivolous

22 application for temporary asylum.

23 ‘‘(ii) PROVISION OF LIST OF COUN24 SEL.—The Attorney General shall provide

25 for lists (updated not less often than quar-
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1 terly) of persons who have indicated their

2 availability to represent pro bono aliens in

3 temporary asylum proceedings. Such lists

4 shall be provided to the alien at the time

5 of filing of notice of intention to apply for

6 asylum, and otherwise be made generally

7 available.

8 ‘‘(2) CONSIDERATION OF APPLICATIONS; HEAR9 INGS.—

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

11 temporary asylum shall be considered by offi12 cers of the Service (referred to in this Act as

13 ‘asylum officers’) who are specially designated

14 by the Service as having special training and

15 knowledge of international conditions and

16 human rights records of foreign countries.

17 Pending the designation of such officers, indi18 viduals who as of the date of the enactment of

19 the Asylum Reform and Alien Smuggling Con20 trol Act of 1993 are authorized to perform du21 ties as asylum officers shall be deemed to be

22 qualified to be asylum officers for purposes of

23 this Act.

24 ‘‘(B) SCHEDULING OF HEARINGS.—
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1 ‘‘(i) IN GENERAL.—Upon the filing of

2 an application for asylum, an asylum offi3 cer, at the earliest practicable time and

4 after consultation with the attorney for the

5 Government and the attorney (if any) for

6 the applicant, shall set the application for

7 hearing on a day certain or list it on a

8 weekly or other short-term calendar, so as

9 to assure a speedy hearing.

10 ‘‘(ii) DEADLINE.—Unless the appli11 cant (or an attorney for the applicant) con12 sents in writing to the contrary, the hear13 ing on the asylum application shall com14 mence not later than 45 days after the

15 date the application was filed.

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

17 temporary asylum application shall be open to

18 the public unless the applicant requests that it

19 be closed to the public.

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

21 shall conduct the hearing in a nonadversarial

22 manner. During such hearing, the applicant

23 shall have the privilege of the assistance and

24 participation of counsel (as provided under

25 paragraph (1)(D)) and both the government
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1 and the applicant shall be entitled to present

2 evidence and witnesses, to examine and object

3 to evidence, and to cross-examine all witnesses.

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

5 may request opinions regarding country condi6 tions from the Secretary of State, but shall not

7 request or consider recommendations from the

8 Secretary of State as to whether a particular

9 named individual should or should not be grant10 ed temporary asylum.

11 ‘‘(F) TRANSCRIPT OF HEARINGS.—A com12 plete record of the proceedings and of all testi13 mony and evidence produced at the hearing

14 shall be kept. The hearing shall be recorded

15 verbatim. The Attorney General and the Service

16 shall provide that a transcript of a hearing held

17 under this section is made available not later

18 than 10 days after the date of completion of the

19 hearing.

20 ‘‘(G) DEADLINE FOR DETERMINATIONS ON

21 APPLICATIONS.—The officer shall render a de22 termination on the application not later than 30

23 days after the date of completion of the hear24 ing. The determination of the officer shall be

25 based only on the officer’s knowledge of inter-
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1 national conditions and human rights records of

2 foreign countries, and evidence produced at the

3 hearing.

4 ‘‘(H) RESOURCE ALLOCATION.—The At5 torney General shall allocate sufficient re6 sources so as to assure that applications for

7 asylum are heard and determined on a timely

8 basis. However, nothing in this paragraph relat9 ing to scheduling or deadlines shall be con10 strued as creating any right or benefit, sub11 stantive or procedural, which is legally enforce12 able by any party against the United States, its

13 agencies, its officers, or any other person.

14 ‘‘(I) SANCTIONS FOR FAILURE TO AP15 PEAR.—

16 ‘‘(i) Subject to clause (ii), the applica17 tion for asylum of an alien who does not

18 appear for a hearing on such application

19 shall be summarily dismissed unless the

20 alien can show exceptional circumstances

21 (as defined in section 242B(f)(2)) as deter22 mined by the asylum officer.

23 ‘‘(ii) Clause (i) shall not apply if writ24 ten and oral notice were not provided as

25 required by section 242B(e)(4)(B).
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1 ‘‘(J) FINALITY OF DETERMINATIONS.—

2 ‘‘(i) IN GENERAL.—The decision of

3 the asylum officer shall be the final admin4 istrative determination of a claim for asy5 lum.

6 ‘‘(ii) TREATMENT OF CASES IN EX7 CLUSION OR DEPORTATION.—If proceed8 ings are instituted against an alien under

9 section 235 or 242 of this Act and the

10 alien files an application for asylum based

11 on circumstances described in subsection

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

13 render, on a expedited basis, a decision on

14 the application.

15 ‘‘(c) ASYLUM STATUS ADJUSTMENTS.—

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

17 regulations as the Attorney General may prescribe,

18 the Attorney General shall adjust to the status of an

19 alien granted asylum the status of any alien granted

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

21 ‘‘(A) applies for such adjustment;

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

23 United States for at least 1 year after being

24 granted asylum;
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1 ‘‘(C) continues to be eligible for asylum

2 under this section; and

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

4 time of examination for adjustment of status

5 under this subsection.

6 ‘‘(2) TREATMENT OF SPOUSE AND CHIL7 DREN.—A spouse or child (as defined in section

8 101(b)(A), (B), (C), (D), or (E)) of an alien whose

9 status is adjusted to that of an alien granted asylum

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

11 status as the alien if accompanying, or following to

12 join, such alien.

13 ‘‘(3) APPLICATION FEES.—The Attorney Gen14 eral may impose a reasonable fee for the filing of an

15 application for asylum under this subsection.

16 ‘‘(d) DENIAL OF IMMIGRATION BENEFITS FOR FRIV17 OLOUS APPLICATIONS.—

18 ‘‘(1) IN GENERAL.—If the asylum officer deter19 mines that an alien has made a frivolous application

20 for asylum under this section and the alien has re21 ceived the notice under subsection (b)(1)(D)(i), the

22 alien shall be permanently ineligible for any benefits

23 under this Act, effective as of the date of a final de24 termination on such application.
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1 ‘‘(2) TREATMENT OF FRAUDULENT OR MATE2 RIAL MISREPRESENTATIONS.—For purposes of this

3 subsection, an application considered to be ‘frivolous’

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

5 is fraudulent or otherwise contains a willful mis6 representation or concealment of a material fact.’’.

7 SEC. 202. FAILURE TO APPEAR FOR ASYLUM HEARING.

8 (a) FAILURE TO APPEAR FOR ASYLUM HEARING.—

9 Section 242B(e)(4) (8 U.S.C. 1252b(e)(4)) is amended in

10 subparagraph (A), by striking all after clause (iii) and in11 serting ‘‘shall not be eligible for any benefits under this

12 Act.’’.

13 SEC. 203. JUDICIAL REVIEW.

14 Section 235 of the Immigration and Nationality Act

15 (8 U.S.C. 1225) is amended by adding at the end the fol16 lowing subsections:

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

18 court shall have jurisdiction to review, except by petition

19 for habeas corpus, any determination made with respect

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

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

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

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

24 States pursuant to the provisions of this Act. Regardless

25 of the nature of the suit or claim, no court shall have juris-
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1 diction except as provided in this paragraph to consider

2 the validity of any adjudication or determination of exclu3 sion, to certify a class in an action challenging the exclu4 sion provisions of this Act or any portion or implementa5 tion thereof, or to provide declaratory or injunctive relief

6 with respect to the exclusion of any alien.

7 ‘‘(e) In any action brought for the assessment of pen8 alties for improper entry or re-entry of an alien under sec9 tions 275, 276, 277, or 278 of the Immigration and Na10 tionality Act, no court shall have jurisdiction to hear

11 claims collaterally attacking the validity of orders of exclu12 sion, or deportation entered under sections 235, 236, or

13 242 of that Act.’’.

14 SEC. 204. CONFORMING AMENDMENTS.

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

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

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

18 U.S.C. 1159(b)) is amended—

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

20 inserting ‘‘5 years’’; and

21 (2) by amending paragraph (3) to read as fol22 lows:

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

24 section 208,’’.
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1 (c) ALIENS INELIGIBLE FOR TEMPORARY PRO2 TECTED STATUS.—Section 244A(c)(2)(B)(ii) (8 U.S.C.

3 1254a(c)(2)(B)(ii)) is amended by striking ‘‘section

4 243(h)(2)’’ and inserting ‘‘clauses (i), (ii), (iii), or (iv) of

5 section 208(a)(2)(C)’’.

6 (d) ELIGIBILITY FOR NATURALIZATION.—Section

7 316(f)(1) (8 U.S.C. 1427(f)(1)) is amended by striking

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

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

10 208(a)(2)(C).’’.

11 (e) FAMILY UNITY.—Section 301(e) of the Immigra12 tion Act of 1990 (Public Law 101–649) is amended by

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

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

15 SEC. 205. EFFECTIVE DATES.

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.

19 (b) EXCEPTIONS.—

20 (1) The amendments made by this title shall

21 not apply to applications for asylum or withholding

22 of deportation made before the first day of the first

23 month that begins more than 180 days after the

24 date of the enactment of this Act and no application

25 for asylum under section 208 of the Immigration
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1 and Nationality Act (as amended by section 201 of

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

3 (2) In applying section 208(b)(1)(A) of the Im4 migration and Nationality Act (as amended by this

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

6 came to the United States before the first day de7 scribed in paragraph (1), notwithstanding the dead8 lines specified in such section—

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

10 of intention to file an application for asylum is

11 thirty days after such first day, and

12 (B) the deadline for the filing of the appli13 cation for asylum is thirty days after the date

14 of filing such notice.

15 (3) The amendments made by section 203(b)

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

17 aliens granted asylum under section 208 of the Im18 migration and Nationality Act, as in effect before

19 the date of the enactment of this Act.

20 TITLE III—BORDER PATROL AND ASYLUM

21 OFFICER POSITIONS

22 SEC. 301. BORDER PATROL POSITIONS.

23 The number of full-time officers positions in the Bor24 der Patrol of the Immigration and Naturalization Service
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1 shall be increased in fiscal year 1994 by an additional

2 1,000 officers over the level authorized in fiscal year 1993.

3 SEC. 302. ASYLUM OFFICER POSITIONS.

4 The average number of asylum officers for fiscal year

5 1994 shall be not less than twice the average number of

6 asylum officers for fiscal year 1993.

7 SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

8 There is authorized to be appropriated such sums as

9 are necessary to provide for the increase in Border Patrol

10 and asylum officer positions provided for in this Act.

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