II

103D CONGRESS

1ST SESSION S. 1571

To improve immigration law enforcement.

IN THE SENATE OF THE UNITED STATES

OCTOBER 20 (legislative day, OCTOBER 13), 1993

Mrs. FEINSTEIN (for herself and Mrs. BOXER) introduced the following bill;

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

A BILL

To improve immigration law enforcement.

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 Law

5 Enforcement Act of 1993’’.

6 TITLE I—BORDER PERSONNEL,

7 TRAINING AND INFRASTRUC8 TURE ENHANCEMENT

9 SEC. 101. SHORT TITLE.

10 This title may be cited as the ‘‘Improved Border Con11 trol and Narcotics Abatement Act’’.
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1 SEC. 102. EXPANDED BORDER PATROL AND SOUTHWEST2 ERN REGION DEPLOYMENT.

3 (a) INCREASED PERSONNEL.—The Attorney General,

4 in each of the fiscal years 1995 and 1996, shall increase

5 by no fewer than 700 the number of full-time, active-duty

6 Border Patrol agents within the Immigration and Natu7 ralization Service above the numbers of such agents em8 ployed in the preceding fiscal year.

9 (b) DEPLOYMENT OF PERSONNEL.—The Attorney

10 General shall, to the maximum extent practicable, ensure

11 that the personnel hired pursuant to subsection (a) shall

12 be deployed primarily on the Southwestern border of the

13 United States or be actively engaged in law enforcement

14 activities related to illegal transit of such border.

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated to the Department of

17 Justice for fiscal years 1995 and 1996 such sums as may

18 be necessary for salaries and expenses relating to the em19 ployment and deployment of personnel under this section,

20 including, but not limited to, such training authorized by

21 this Act and otherwise deemed appropriate by the Attor22 ney General.

23 SEC. 103. HIRING PREFERENCE FOR BILINGUAL BORDER

24 PATROL AGENTS.

25 The Attorney General shall, in hiring the Border Pa26 trol Agents specified in section 102(a), give priority to the
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1 employment of multilingual candidates who are proficient

2 in both English and such other language or languages as

3 may be spoken in the region in which such Agents are

4 likely to be deployed.

5 SEC. 104. IMPROVED BORDER PATROL TRAINING.

6 (a) IMPROVEMENT.—Section 103 of the Immigration

7 and Nationality Act (8 U.S.C. 1103) is amended by add8 ing at the end the following new subsection:

9 ‘‘(e)(1) The Attorney General shall ensure that all

10 Border Patrol personnel, and any other personnel of the

11 Service who are likely to have contact with undocumented

12 or improperly documented persons, or other immigrants,

13 in the course of their official duties, receive in-service

14 training adequate to ensure that all such personnel respect

15 the civil rights, personal safety, and human dignity of such

16 persons at all times.

17 ‘‘(2) The Attorney General shall ensure that the an18 nual report to Congress of the Service—

19 ‘‘(A) describes in detail actions taken by the At20 torney General to meet the requirement set forth in

21 paragraph (1);

22 ‘‘(B) incorporates specific findings by the Attor23 ney General with respect to the nature and scope of

24 any verified incident of conduct by Border Patrol

25 personnel that—
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1 ‘‘(i) was not consistent with paragraph (1);

2 and

3 ‘‘(ii) was not described in a previous an4 nual report; and

5 ‘‘(C) sets forth specific recommendations for

6 preventing any similar incident in the future.’’.

7 SEC. 105. ADDITIONAL LAND BORDER INSPECTORS.

8 (a) INCREASED PERSONNEL.—In order to eliminate

9 undue delay in the thorough inspection of persons and ve10 hicles lawfully attempting to enter the United States, the

11 Attorney General and Secretary of the Treasury shall in12 crease, by approximately equal numbers in each of the fis13 cal years 1994, 1995, and 1996, the number of full-time

14 land border inspectors assigned to active duty by the Im15 migration and Naturalization Service and the United

16 States Customs Service to a level adequate to assure full

17 staffing of all border crossing lanes now in use, under con18 struction, or whose construction has been authorized by

19 Congress.

20 (b) DEPLOYMENT OF PERSONNEL.—The Attorney

21 General and the Secretary of the Treasury shall, to the

22 maximum extent practicable, ensure that the personnel

23 hired pursuant to subsection (a) shall be deployed pri24 marily on the Southwestern border of the United States
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1 or be actively engaged in law enforcement activities related

2 to illegal transit of such border.

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated for the Department of

5 Justice for fiscal years 1995, 1996, and 1997, and to the

6 Department of the Treasury for fiscal years 1995, 1996,

7 and 1997, such sums as may be necessary for salaries and

8 expenses relating to the employment of the inspectors re9 ferred to in subsection (a).

10 SEC. 106. IMPROVEMENT OF BORDER CROSSING INFRA11 STRUCTURE.

12 (a) IDENTIFICATION OF NECESSARY IMPROVE13 MENTS.—Not later than March 1, 1994, the Attorney

14 General shall, in consultation with the Secretary of the

15 Treasury, identify those physical improvements to the in16 frastructure of the international land borders of the

17 United States necessary to expedite the inspection of per18 sons and vehicles attempting to lawfully enter the United

19 States in accordance with existing policies and procedures

20 of the Immigration and Naturalization Service, the United

21 States Customs Service, and the Drug Enforcement

22 Agency.

23 (b) IMPLEMENTATION OF RECOMMENDATIONS.—Not

24 later than March 1, 1994, the Attorney General shall

25 begin implementation of projects for the physical improve-
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1 ments referred to in subsection (a). Improvements to the

2 infrastructure of the Southwestern border of the United

3 States shall be substantially completed and fully funded

4 before the Attorney General may begin construction on

5 any other such project.

6 (c) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated to the Department of

8 Justice for fiscal years 1995, 1996, and 1997 such sums

9 as may be necessary to carry out this section.

10 SEC. 107. TECHNOLOGY AND EQUIPMENT TRANSFER TO

11 THE DEPARTMENT OF JUSTICE.

12 (a) AUTHORITY TO ACQUIRE TECHNOLOGY AND

13 EQUIPMENT.—In order to facilitate or improve the detec14 tion, interdiction, and reduction by the Immigration and

15 Naturalization Service of illegal immigration into the

16 United States, the Attorney General is authorized to ac17 quire and utilize any Federal equipment (including, but

18 not limited to, aircraft, helicopters, four wheel drive vehi19 cles, sedans, night vision goggles, night vision scopes, and

20 sensor units) determined available for transfer to the De21 partment of Justice by any other agency of the Federal

22 Government upon request of the Attorney General.

23 (b) AUTHORIZATION OF APPROPRIATIONS.—There

24 are authorized to be appropriated to the Department of

25 Justice for fiscal years 1995, 1996, and 1997, such sums
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1 as may be necessary for the acquisition of technology and

2 equipment (including, but not limited to, aircraft, heli3 copters, four wheel drive vehicles, sedans, night vision gog4 gles, night vision scopes, and sensor units) under sub5 section (b).

6 SEC. 108. IMMIGRATION LAW ENFORCEMENT FUND.

7 (a) ESTABLISHMENT OF FUND.—There is hereby es8 tablished in the Treasury of the United States a revolving

9 fund known as the Immigration Law Enforcement Fund

10 (hereafter in this section referred to as the ‘‘Fund’’).

11 (b) BORDER CROSSING USER FEE.—Notwithstand12 ing any other provision of law or treaty to which the

13 United States is a party, the Attorney General, in con14 sultation with the Secretaries of State and the Treasury,

15 and such other parties as the Attorney General deems ap16 propriate, shall collect from each individual entering into

17 the United States by land or sea, without regard to the

18 immigration or citizenship status of such individual a bor19 der crossing user fee of $1.

20 (c) FEE ADJUSTMENT AND SPECIAL FEE PROGRAM

21 AUTHORITY.—Notwithstanding subsection (b), the Attor22 ney General may—

23 (1) adjust the border crossing user fee periodi24 cally to compensate for inflation and other escalation
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1 in the cost of carrying out the purposes of this Act;

2 and

3 (2) develop and implement special discounted

4 fee programs for frequent border crossers including,

5 but not limited to, commuter coupon books or

6 passes.

7 (d) AUTHORIZE ROLL-OVER OF FUND SURPLUSES

8 FROM YEAR-TO-YEAR.—There shall be deposited in the

9 Fund amounts received by the Attorney General as fees

10 collected under subsection (b).

11 (e) USES OF USER FEE FUND.—(1) The Fund shall

12 be available to the Attorney General, to the extent and

13 in the amounts provided in appropriation Acts and without

14 fiscal year limitation, to pay for matters authorized under

15 this Act, as follows:

16 (A) For additional salaries and expenses in17 curred by reason of the employment of personnel

18 under this Act, including, but not limited to, Border

19 Patrol, inspection, investigation, enforcement, and

20 security personnel, and adjudication officers.

21 (B) For costs relating to land border crossing

22 infrastructure improvement.

23 (C) For costs relating to the acquisition by the

24 Department of Justice of technology and equipment

25 (including, but not limited to, aircraft, helicopters,
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1 four wheel drive vehicles, sedans, night vision gog2 gles, night vision scopes, and sensor units).

3 (D) For the cost of facilitating and expanding

4 the activities of the Organized Crime and Drug En5 forcement Interagency Task Force in order to fully

6 abate the flow of narcotics and other illegal drugs

7 into the United States.

8 (E) For the cost of expediting initial asylum

9 claim review procedures.

10 (F) For the cost of devising and implementing

11 regulatory reform of the affirmative asylum adju12 dication process.

13 (G) For the cost of expanding the Institutional

14 Hearing Program.

15 (H) For the cost of expanding the Advanced

16 Passenger Information System.

17 (I) For the cost of increasing rewards for infor18 mation leading to the arrest and conviction of terror19 ists.

20 (J) For the cost of conducting classes, or other21 wise assisting or encouraging, legal immigrants to

22 the United States to attain American citizenship.

23 (K) For the cost of such other activities that,

24 in the discretion of the Attorney General, will re25 duce: illegal transit of the Nation’s borders, the flow
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1 of illegal drugs across such borders, the time nec2 essary to process applications for asylum in the

3 United States, and the number of alien criminals in4 carcerated in this country.

5 (2) Funds made available under subparagraph (A) in

6 each fiscal year shall be allotted to districts of the Immi7 gration and Naturalization Service in proportion to the

8 amount of illegal immigration in each district as the Attor9 ney General finds to have occurred in the preceding fiscal

10 year.

11 TITLE II—ASYLUM REFORM

12 SEC. 201. SHORT TITLE.

13 This title may be cited as the ‘‘Executive Order En14 hanced Consideration Revocation Act’’.

15 SEC. 202. PARTIAL REVOCATION OF EXECUTIVE ORDER.

16 Section 4 of Executive Order No. 12711 of April 11,

17 1990, and any rule, regulation, or order issued under that

18 section, shall be of no force or effect, except that nothing

19 in this Act invalidates or otherwise affects any final deter20 mination of eligibility for asylum made before the date of

21 enactment of this Act.
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1 TITLE III—CRIMINAL ALIEN DE2 PORTATION AND ENHANCED

3 PRISONER TRANSFER

4 SEC. 301. SHORT TITLE.

5 This title may be cited as the ‘‘Criminal Alien Depor6 tation and Enhanced Transfer Act of 1993’’.

7 SEC. 302. JUDICIAL ORDER OF DEPORTATION.

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

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

10 end the following:

11 ‘‘§ 3560. Order of deportation for certain aliens

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

13 alien for an aggravated felony (as defined in section

14 101(a)(43) of the Immigration and Nationality Act) shall

15 include in the sentencing order issued a declaration that

16 the individual is deportable. A presentence report required

17 under the Rules of Criminal Procedure with respect to the

18 sentencing of any individual for such a felony shall specify

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

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

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

22 18, United States Code, is amended by adding at the end

23 the following new item:

‘‘3560. Order of deportation for certain aliens.’’.
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1 (c) DEPORTATION PROCEDURES.—Section 242A of

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

3 is amended by adding at the end the following:

4 ‘‘(f) DEPORTATION PURSUANT TO A JUDICIAL

5 ORDER.—An alien subject to a judicial order of deporta6 tion under section 3560 of title 18, United States Code,

7 shall be deported promptly consistent with section

8 242(h).’’.

9 SEC. 303. NEGOTIATIONS FOR INTERNATIONAL AGREE10 MENTS.

11 (a) NEGOTIATIONS WITH OTHER COUNTRIES.—The

12 Secretary of State, together with the Attorney General,

13 may enter into an agreement with any foreign country pro14 viding for the incarceration in that country of any individ15 ual who—

16 (1) is a national of that country; and

17 (2) is an alien who—

18 (A) is not in lawful immigration status in

19 the United States, or

20 (B) on the basis of conviction of a criminal

21 offense under Federal or State law, or on any

22 other basis, is subject to deportation under the

23 Immigration and Nationality Act,

24 for the duration of the prison term to which the individual

25 was sentenced for the offense referred to in subparagraph
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1 (B). Any such agreement may provide for the release of

2 such individual pursuant to parole procedures of that

3 country.

4 (b) PRIORITY.—In carrying out subsection (a), the

5 Secretary of State should give priority to concluding an

6 agreement with any country for which the President deter7 mines that the number of individuals described in sub8 section (a) who are nationals of that country in the United

9 States represents a significant percentage of all such indi10 viduals in the United States.

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated such sums as may be

13 necessary to carry out this section.

14 SEC. 304. DENIAL OF DISCRETIONARY RELIEF TO ALIENS

15 CONVICTED OF AGGRAVATED FELONIES.

16 (a) INELIGIBILITY FOR SUSPENSION OF DEPORTA17 TION.—Section 244 of the Immigration and Nationality

18 Act (8 U.S.C. 1254) is amended by adding at the end the

19 following new subsection:

20 ‘‘(g) Suspension of deportation and adjustment of

21 status under subsection (a)(2) shall not be available to any

22 alien who has been convicted of an aggravated felony.’’.

23 (b) APPLICATION OF EXCLUSION FOR DRUG OF24 FENSES.—Section 212(h) of the Immigration and Nation25 ality Act (8 U.S.C. 1182(h)) is amended in the second
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1 sentence by inserting ‘‘or any other aggravated felony’’

2 after ‘‘torture’’.

3 (c) ADJUSTMENT OF STATUS; CHANGE OF NON4 IMMIGRANT CLASSIFICATION.—(1) Section 245(c) of the

5 Immigration and Nationality Act (8 U.S.C. 1255(c)) is

6 amended—

7 (A) by striking ‘‘or’’ after ‘‘section

8 212(d)(4)(C)’’; and

9 (B) by inserting ‘‘; or (5) an alien who has been

10 convicted of an aggravated felony’’ immediately after

11 ‘‘section 217’’.

12 (2) Section 248 of such Act (8 U.S.C. 1258) is

13 amended—

14 (A) by striking ‘‘and’’ at the end of paragraph

15 (3);

16 (B) by striking the period at the end of para17 graph (4) and inserting ‘‘; and’’; and

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

19 paragraph:

20 ‘‘(5) an alien convicted of an aggravated fel21 ony.’’.

22 SEC. 305. ANNUAL REPORT.

23 Not later than 12 months after the date of enactment

24 of this Act, and annually thereafter, the Attorney General
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1 shall submit to the appropriate committees of the Con2 gress a report detailing—

3 (1) the number of illegal aliens incarcerated in

4 Federal and State prisons for having committed felo5 nies;

6 (2) programs and plans underway in the De7 partment of Justice to ensure the prompt removal

8 from the United States of criminal aliens subject to

9 exclusion or deportation; and

10 (3) methods for identifying and preventing the

11 unlawful reentry of aliens who have been convicted

12 of criminal offenses in the United States and re13 moved from the United States.

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