II

103D CONGRESS

2D SESSION S. 1884

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

to strengthen criminal penalties for the smuggling of aliens, and to

reform other procedures to control illegal immigration to the United

States.

IN THE SENATE OF THE UNITED STATES

MARCH 2 (legislative day, FEBRUARY 22), 1994

Mr. SIMPSON (for himself, Mr. BYRD, Mr. THURMOND, Mr. DOLE, Mr.

D’AMATO, and Mrs. KASSEBAUM) 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

asylum procedures, to strengthen criminal penalties for

the smuggling of aliens, and to reform other procedures

to control illegal immigration to 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 ‘‘Comprehensive Immi5 gration and Asylum Reform Act of 1994’’.

6 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short title.
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Sec. 2. Table of contents.

TITLE I—ALIEN SMUGGLING CONTROL

PART A—CRIMINAL PENALTIES

Sec. 101. Increased penalties for alien smuggling.

Sec. 102. Death penalty procedures.

Sec. 103. Smuggling aliens for commission of crimes.

Sec. 104. Adding alien smuggling to RICO.

Sec. 105. Expanded forfeiture for smuggling or harboring illegal aliens.

Sec. 106. Wiretap authority for alien smuggling investigations.

PART B—DEPORTATION

Sec. 111. Expansion in definition of ‘‘aggravated felony’’.

Sec. 112. Deportation procedures for certain criminal aliens who are not permanent residents.

Sec. 113. Judicial deportation.

Sec. 114. Restricting defenses to deportation for certain criminal aliens.

Sec. 115. Enhancing penalties for failing to depart, or reentering, after final

order of deportation.

Sec. 116. Civil penalties for failure to depart.

PART C—MISCELLANEOUS

Sec. 121. Miscellaneous and technical changes.

TITLE II—PORT OF ENTRY INSPECTIONS

Sec. 201. Restrictions on admissions fraud.

Sec. 202. Special port of entry exclusion for admissions fraud.

Sec. 203. Judicial review.

Sec. 204. Effective date.

TITLE III—PENALTIES FOR DOCUMENT FRAUD AND

MISREPRESENTATION

Sec. 301. Increased penalties for document fraud.

Sec. 302. Penalties for failure to disclose role as preparer of fraudulent documents.

Sec. 303. Civil penalties for fraud, misrepresentation, and failure to present

documents.

TITLE IV—ASYLUM REFORM

Sec. 401. Penalties for frivolous applications.

Sec. 402. Asylum and work authorization.

Sec. 403. Resources to address asylum backlog.

Sec. 404. Reforms to deportation process.

Sec. 405. Reduction of incentive to delay proceedings.

TITLE V—ILLEGAL IMMIGRATION AND BORDER SECURITY

Sec. 501. Additional investigators.

Sec. 502. Funding of deportation costs.

Sec. 503. Interior repatriation pilot program.

TITLE VI—BORDER CROSSING USER FEE
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Sec. 601. Imposition of fees.

TITLE VII—DETENTION OF ILLEGAL ALIENS

Sec. 701. Pilot program on use of closed military bases for the detention of illegal aliens.

TITLE VIII—PUBLIC BENEFITS ABUSE

Sec. 801. Ineligibility for certain Federal benefits.

Sec. 802. Attribution of sponsor’s income and resources to family preference

aliens.

Sec. 803. Definition of public charge.

TITLE IX—WORK AUTHORIZATION VERIFICATION

Sec. 901. Work authorization verification.

TITLE X—NUMERICAL LIMITATIONS ON ADMISSION OF ALIENS

INTO THE UNITED STATES

Sec. 1001. Five-year reduction in legal immigration.

Sec. 1002. Worldwide numerical limitations.

Sec. 1003. Numerical limitation on annual admission of refugees.

TITLE XI—MISCELLANEOUS PROVISIONS

Sec. 1101. Use of legalization information for criminal prosecution purposes.

Sec. 1102. Communications between federally funded Government agencies and

the Immigration and Naturalization Service.

1 TITLE I—ALIEN SMUGGLING

2 CONTROL

3 PART A—CRIMINAL PENALTIES

4 SEC. 101. INCREASED PENALTIES FOR ALIEN SMUGGLING.

5 Section 274(a) of the Immigration and Nationality

6 Act (8 U.S.C. 1324(a)) is amended—

7 (1) in paragraph (1)—

8 (A) by striking ‘‘or’’ at the end of subpara9 graph (C);

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

11 subparagraph (D) and all that follows through

12 the period and inserting ‘‘; or’’; and
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1 (C) by adding at the end the following:

2 ‘‘(E) engages in any conspiracy to commit any

3 of the preceding acts, or aids or abets the commis4 sion of any of the preceding acts,

5 shall be fined under title 18, United States Code, and shall

6 be imprisoned not less than 3 years nor more than 10

7 years, for each alien with respect to whom any violation

8 of this paragraph occurs.’’; and

9 (2) by adding at the end the following new

10 paragraphs:

11 ‘‘(3) Any person who, in the commission of an act

12 described in paragraph (1), willfully subjects any alien to

13 a substantial risk of death or serious bodily harm shall

14 be subject to a term of imprisonment of not less than 3

15 years nor more than 10 years in addition to any term of

16 imprisonment imposed under that paragraph.

17 ‘‘(4) Any person who in the perpetration of, or in the

18 attempt to perpetrate, any violation of paragraph (1),

19 causes the death of an alien shall be subject to the penalty

20 of death, or life imprisonment, subject to appropriate pro21 cedures under chapter 228 of title 18, United States

22 Code.’’.
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1 SEC. 102. DEATH PENALTY PROCEDURES.

2 (a) IN GENERAL.—Title 18, United States Code, is

3 amended by inserting after chapter 227 the following new

4 chapter:

5 ‘‘CHAPTER 228—DEATH PENALTY PROCE6 DURES RELATING TO SMUGGLING OF

7 ALIENS

‘‘Sec.

‘‘3591. Sentence of death relating to the smuggling of aliens.

8 ‘‘§ 3591. Sentence of death relating to the smuggling

9 of aliens

10 ‘‘A sentence of death for a violation of section

11 274(a)(4) of the Immigration and Nationality Act may be

12 imposed only if—

13 ‘‘(1) the defendant caused the death of a person

14 intentionally, knowingly, or through recklessness

15 manifesting extreme indifference to human life, or

16 caused the death of a person through the intentional

17 infliction of serious bodily injury; and

18 ‘‘(2) the sentence is imposed in accordance with

19 the procedures set forth in section 408 (g), (h), (i),

20 (j), (k), (l), (m), (n), (o), (p), (q), and (r) of the

21 Controlled Substances Act (21 U.S.C. 848 (g), (h),

22 (i), (j), (k), (l), (m), (n), (o), (p), (q), and (r)), ex23 cept that for the purposes of a violation of that law,

24 the references to ‘‘this section’’ in section 408(g)
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1 and (h)(1) and ‘‘subsection (e)’’ in section 408(i)(1),

2 (j), (k) (each place it appears), and (p) of the Con3 trolled Substances Act shall be deemed to be ref4 erences to section 274(a)(4) of that Act. No rule of

5 law, including a rule contained in a law under which

6 an offense is committed, may be applied in deter7 mining whether a penalty of death shall be imposed

8 in a particular case, other than those procedures.

9 Those procedures supersede all other provisions of

10 law that pertain to whether a penalty of death shall

11 be imposed in any particular case (not including the

12 authorization of the penalty itself).’’.

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

14 this section shall take effect on the date of enactment of

15 this Act.

16 SEC. 103. SMUGGLING ALIENS FOR COMMISSION OF

17 CRIMES.

18 Section 274(a)(2) of the Immigration and Nationality

19 Act (8 U.S.C. 1324(a)(2)) is amended—

20 (1) in subparagraph (B)—

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

22 (ii);

23 (B) by redesignating clause (iii) as clause

24 (iv); and
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1 (C) by inserting after clause (ii) the follow2 ing:

3 ‘‘(iii) an offense committed with the intent

4 or with reason to believe that the alien unlaw5 fully brought into the United States will commit

6 an offense against the United States or any

7 State punishable by imprisonment for more

8 than 1 year, including violations of or at9 tempted violations of or aiding and abetting vio10 lations of or conspiring to violate the Controlled

11 Substances Act (21 U.S.C. 801 et seq.) or laws

12 against prostitution, importation of aliens for

13 immoral purposes, trafficking in firearms,

14 money laundering, gang activities, kidnapping

15 or ransom demands, fraudulent documents, or

16 extortion, the smuggling of known or suspected

17 terrorists or persons involved in organized crime

18 if offenses against such laws are punishable by

19 imprisonment for more than 1 year,’’; and

20 (2) at the end thereof, by striking ‘‘be fined’’

21 and all that follows through the period and inserting

22 the following: ‘‘be fined under title 18, United States

23 Code, and shall be imprisoned not less than 3 years

24 nor more than 10 years.’’.
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1 SEC. 104. ADDING ALIEN SMUGGLING TO RICO.

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

3 amended—

4 (1) by striking ‘‘or’’ after ‘‘law of the United

5 States,’’;

6 (2) by inserting ‘‘or’’ at the end of clause (E);

7 and

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

9 ‘‘(F) any act in violation of section 1028, 1542,

10 or 1546 of this title for personal financial gain and

11 section 274, 277, or 278 of the Immigration and

12 Nationality Act.’’.

13 SEC. 105. EXPANDED FORFEITURE FOR SMUGGLING OR

14 HARBORING ILLEGAL ALIENS.

15 Section 274 of the Immigration and Nationality Act

16 (8 U.S.C. 1324(b)) is amended—

17 (1) by amending subsection (b)(1) to read as

18 follows:

19 ‘‘(b) SEIZURE AND FORFEITURE.—(1) Any property,

20 real or personal, which facilitates or is intended to facili21 tate, or which has been used in or is intended to be used

22 in the commission of a violation of subsection (a) or of

23 section 274A(a)(1) or 274A(a)(2), or which constitutes or

24 is derived from or traceable to the proceeds obtained di25 rectly or indirectly from a commission of a violation of
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1 subsection (a) or of section 274A(a)(1) or 274A(a)(2),

2 shall be subject to seizure and forfeiture, except that—

3 ‘‘(A) no property, used by any person as a com4 mon carrier in the transaction of business as a com5 mon carrier shall be forfeited under the provisions of

6 this section unless it shall appear that the owner or

7 other person in charge of such property was a con8 senting party or privy to the illegal act;

9 ‘‘(B) no property shall be forfeited under the

10 provisions of this section by reason of any act or

11 omission established by the owner thereof to have

12 been committed or omitted by any person other than

13 such owner while such property was unlawfully in

14 the possession of a person other than the owner in

15 violation of the criminal laws of the United States

16 or of any State; and

17 ‘‘(C) no property shall be forfeited under this

18 paragraph to the extent of an interest of any owner,

19 by reason of any act or omission established by that

20 owner to have been committed or omitted without

21 the knowledge or consent of the owner, unless such

22 action or omission was committed by an employee or

23 agent of the owner, and facilitated or was intended

24 to facilitate, or was used in or intended to be used

25 in, the commission of a violation of subsection (a) or
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1 of section 274A(a)(1) or 274A(a)(2) which was com2 mitted by the owner or which was intended to fur3 ther the business interests of the owner, or to confer

4 any other benefit upon the owner.’’;

5 (2) in paragraph (2)—

6 (A) by striking ‘‘conveyance’’ both places it

7 appears and inserting ‘‘property’’; and

8 (B) by striking ‘‘is being used in’’ and in9 serting ‘‘is being used in, is facilitating, has fa10 cilitated, or was intended to facilitate’’;

11 (3) in paragraph (3)—

12 (A) by inserting ‘‘(A)’’ immediately after

13 ‘‘(3)’’, and

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

15 ‘‘(B) Before the seizure of any real property pursuant

16 to this section, the Attorney General shall provide notice

17 and an opportunity to be heard to the owner of the prop18 erty. The Attorney General shall prescribe such regula19 tions as may be necessary to carry out this subpara20 graph.’’;

21 (4) in paragraphs (4) and (5) by striking ‘‘a

22 conveyance’’ and ‘‘conveyance’’ each place such

23 phrase or word appears and inserting ‘‘property’’;

24 and

25 (5) in paragraph (4) by—
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1 (A) striking ‘‘or’’ at the end of subpara2 graph (C),

3 (B) by striking the period at the end of

4 subparagraph (D) and inserting ‘‘; or’’, and

5 (C) by inserting at the end the following

6 new subparagraph:

7 ‘‘(E) transfer custody and ownership of

8 forfeited property to any Federal, State, or

9 local agency pursuant to section 616(c) of the

10 Tariff Act of 1930 (19 U.S.C. 1616a(c)).’’.

11 SEC. 106. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN12 VESTIGATIONS.

13 Section 2516(1) of title 18, United States Code, is

14 amended—

15 (1) in paragraph (c), by inserting after

16 ‘‘trains)’’ the following: ‘‘, or a felony violation of

17 section 1028 (relating to production of false identi18 fication documentation), section 1542 (relating to

19 false statements in passport applications), section

20 1546 (relating to fraud and misuse of visas, permits,

21 and other documents)’’;

22 (2) by striking ‘‘or’’ after paragraph (l);

23 (3) by redesignating paragraphs (m), (n), and

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

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

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

6 PART B—DEPORTATION

7 SEC. 111. 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-
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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 monetary instruments or

5 property exceeded $100,000;

6 ‘‘(E) any offense described in—

7 ‘‘(i) subsections (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 the Internal Revenue

19 Code of 1986 (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) which is punishable by

23 imprisonment for 5 years or more;

24 ‘‘(G) any theft offense (including receipt of sto25 len property) or any burglary offense, in which the
14

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1 value of the property in question exceeds $10,000

2 and which is punishable by imprisonment for 5 years

3 or more;

4 ‘‘(H) any offense described in section 875, sec5 tion 876, section 877, or section 1202 of title 18,

6 United States Code (relating to the demand for or

7 receipt of ransom);

8 ‘‘(I) any offense described in section 2251, sec9 tion 2251A or section 2252 of title 18, United

10 States Code (relating to child pornography);

11 ‘‘(J) any offense described in—

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

13 Code (relating to racketeer influenced corrupt

14 organizations); or

15 ‘‘(ii) section 1084 (if it is a second or sub16 sequent offense) or section 1955 of such title

17 (relating to gambling offenses),

18 which is punishable by imprisonment for 5 years or

19 more;

20 ‘‘(K) any offense relating to commercial brib21 ery, counterfeiting, forgery or trafficking in vehicles

22 whose identification numbers have been altered,

23 which is punishable by imprisonment for 5 years or

24 more;

25 ‘‘(L) any offense that—
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1 ‘‘(i) relates to the owning, controlling,

2 managing or supervising of a prostitution busi3 ness;

4 ‘‘(ii) is described in section 2421, section

5 2422, or section 2423 of title 18, United States

6 Code (relating to transportation for the purpose

7 of prostitution) for commercial advantage; or

8 ‘‘(iii) is described in sections 1581, 1582,

9 1583, 1584, 1585, or section 1588, of title 18,

10 United States Code (relating to peonage, slav11 ery, and involuntary servitude);

12 ‘‘(M) any offense relating to perjury or sub13 ornation of perjury which is punishable by imprison14 ment for 5 years or more;

15 ‘‘(N) any offense described in—

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

17 transmitting national defense information), sec18 tion 798 (relating to disclosure of classified in19 formation), section 2153 (relating to sabotage)

20 or section 2381 or section 2382 (relating to

21 treason) of title 18, United States Code; or

22 ‘‘(ii) section 601 of the National Security

23 Act of 1947 (50 U.S.C. 421) (relating to pro24 tecting the identity of undercover intelligence

25 agents);
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1 ‘‘(O) any offense that—

2 ‘‘(i) involves fraud or deceit in which the

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

4 or

5 ‘‘(ii) is described in section 7201 of the In6 ternal Revenue Code of 1986 (relating to tax

7 evasion), in which the revenue loss to the Gov8 ernment exceeds $200,000;

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

10 of the Immigration and Nationality Act (relating to

11 alien smuggling) for the purpose of commercial ad12 vantage;

13 ‘‘(Q) any offense described in section 1546(a)

14 of title 18, United States Code (relating to docu15 ment fraud), for the purpose of commercial advan16 tage;

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

18 before a court pursuant to a court order to answer

19 to or dispose of a charge of a felony, which is pun20 ishable by imprisonment for 2 years or more; or

21 ‘‘(S) any attempt or conspiracy to commit an

22 offense described in this paragraph.

23 The term ‘aggravated felony’ applies to offenses described

24 in this paragraph whether in violation of Federal or State

25 law and applies to such offenses in violation of the laws
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1 of a foreign country for which the term of imprisonment

2 was completed within the previous 15 years.’’.

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

4 this section applies to convictions entered before, on, or

5 after the date of enactment of this Act.

6 SEC. 112. DEPORTATION PROCEDURES FOR CERTAIN

7 CRIMINAL ALIENS WHO ARE NOT PERMA8 NENT RESIDENTS.

9 (a) TECHNICAL AND CONFORMING CHANGES.—Sec10 tion 242A of the Immigration and Nationality Act (8

11 U.S.C. 1252a) is amended—

12 (1) in subsection (a)—

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

14 inserting the following:

15 ‘‘(b) DEPORTATION OF PERMANENT RESIDENT

16 ALIENS.—

17 ‘‘(1) IN GENERAL.—’’; and

18 (B) by inserting in the first sentence ‘‘per19 manent resident’’ after ‘‘correctional facilities

20 for’’;

21 (2) in subsection (b)—

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

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

24 (B) by striking ‘‘respect to an’’ and insert25 ing ‘‘respect to a permanent resident’’;
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1 (3) by striking subsection (c);

2 (4) in subsection (d)—

3 (A) by striking ‘‘(d) EXPEDITED PRO4 CEEDINGS.—(1)’’ and inserting ‘‘(3) EXPE5 DITED PROCEEDINGS.—(A)’’;

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

7 after ‘‘in the case of any’’; and

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

9 (5) in subsection (e)—

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

11 inserting ‘‘(4) REVIEW.—(A)’’;

12 (B) by striking the second sentence; and

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

14 (6) by inserting after the section heading the

15 following new subsection:

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

17 convicted of an aggravated felony shall be conclusively pre18 sumed to be deportable from the United States.’’; and

19 (7) by amending the section heading to read as

20 follows:

21 ‘‘EXPEDITED DEPORTATION OF ALIENS CONVICTED OF

22 AGGRAVATED FELONIES’’.

23 (b) ELIMINATION OF ADMINISTRATIVE HEARING FOR

24 CERTAIN CRIMINAL ALIENS.—Section 242A of the Immi25 gration and Nationality Act (8 U.S.C. 1252a), as amended
19

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1 by subsection (a), is further amended by adding at the

2 end the following:

3 ‘‘(c) DEPORTATION OF ALIENS WHO ARE NOT PER4 MANENT RESIDENTS.—(1) Notwithstanding section 242,

5 and subject to paragraph (5), the Attorney General may

6 issue a final order of deportation against any alien de7 scribed in paragraph (2) whom the Attorney General de8 termines to be deportable under section 241(a)(2)(A)(iii)

9 (relating to conviction of an aggravated felony).

10 ‘‘(2) An alien is deportable under this subsection if

11 the alien—

12 ‘‘(A) was not lawfully admitted for permanent

13 residence at the time that proceedings under this

14 section commenced, or

15 ‘‘(B) had permanent resident status on a condi16 tional basis (as described in section 216) at the time

17 that proceedings under this section commenced.

18 ‘‘(3) No alien described in paragraph (2) shall be eli19 gible for any relief from deportation that the Attorney

20 General may grant in his discretion.

21 ‘‘(4) The Attorney General may not execute any order

22 described in paragraph (1) until 14 days have passed from

23 the date that such order was issued, unless waived by the

24 alien, in order that the alien has an opportunity to apply

25 for judicial review under section 106.’’.
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1 (c) LIMITED JUDICIAL REVIEW.—Section 106 of the

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

3 amended—

4 (1) in the first sentence of subsection (a), by in5 serting ‘‘or pursuant to section 242A(c)’’ after

6 ‘‘under section 242(b)’’;

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

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

9 242A(c))’’ after ‘‘aggravated felony’’; and

10 (3) by adding at the end the following new sub11 section:

12 ‘‘(d) Notwithstanding subsection (c), no court shall

13 have jurisdiction to hear a petition for review or for habeas

14 corpus on behalf of an alien described in section 242A(f)

15 except on the question of whether the alien is in fact an

16 alien described in such section.’’.

17 (d) AMENDMENT TO TABLE OF CONTENTS.—The

18 table of contents of the Immigration and Nationality Act

19 is amended by amending the item relating to section 242A

20 to read as follows:

‘‘Sec. 242A. Expedited deportation of aliens convicted of aggravated felonies.’’.

21 (e) EFFECTIVE DATE.—The amendments made by

22 this section shall apply to all aliens against whom deporta23 tion proceedings are initiated after the date of enactment

24 of this Act.
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1 SEC. 113. JUDICIAL DEPORTATION.

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

3 Immigration and Nationality Act (8 U.S.C. 1252a), as

4 amended by section 112 of this Act, is further amended

5 by adding at the end the following new subsection:

6 ‘‘(d) JUDICIAL DEPORTATION.—

7 ‘‘(1) AUTHORITY.—Notwithstanding any other

8 provision of this Act, a United States district court

9 shall have jurisdiction to enter a judicial order of de10 portation at the time of sentencing against an alien

11 whose criminal conviction causes such alien to be de12 portable under section 241(a)(2)(A)(iii) (relating to

13 conviction of an aggravated felony), but only if such

14 an order has been requested prior to sentencing by

15 the United States Attorney with the concurrence of

16 the Commissioner.

17 ‘‘(2) PROCEDURE.—(A) The United States At18 torney shall provide notice of intent to request judi19 cial deportation promptly after the entry in the

20 record of an adjudication of guilt or guilty plea.

21 Such notice shall be provided to the court, to the

22 alien, to the alien’s counsel of record, and to the

23 Commissioner.

24 ‘‘(B) Notwithstanding section 242B, the United

25 States Attorney, with the concurrence of the Com26 missioner, shall file at least 20 days prior to the
22

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1 date set for sentencing a charge containing factual

2 allegations regarding the alienage of the defendant

3 and satisfaction by the defendant of the definition of

4 aggravated felony.

5 ‘‘(C) If the court determines that the defendant

6 has presented substantial evidence to establish prima

7 facie eligibility for relief from deportation under sec8 tion 212(c), the Attorney General shall provide the

9 court with a recommendation and report regarding

10 the alien’s eligibility for relief under such section.

11 The court shall either grant or deny the relief

12 sought.

13 ‘‘(D)(i) The alien shall have a reasonable oppor14 tunity to examine the evidence against him or her,

15 to present evidence on his or her own behalf, and to

16 cross-examine witnesses presented by the Govern17 ment.

18 ‘‘(ii) The court, for the purposes of determining

19 whether to enter an order described in paragraph

20 (1), shall only consider evidence that would be ad21 missible in proceedings conducted pursuant to sec22 tion 242(b).

23 ‘‘(iii) Nothing in this subsection shall limit the

24 information a court of the United States may receive
23

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1 or consider for the purposes of imposing an appro2 priate sentence.

3 ‘‘(iv) The court may order the alien deported if

4 the Attorney General demonstrates by clear and con5 vincing evidence that the alien is deportable under

6 this Act.

7 ‘‘(3) NOTICE, APPEAL, AND EXECUTION OF JU8 DICIAL ORDER OF DEPORTATION.—(A)(i) A judicial

9 order of deportation or denial of such order may be

10 appealed by either party to the court of appeals for

11 the circuit in which the district court is located.

12 ‘‘(ii) Except as provided in clause (iii), such ap13 peal shall be considered consistent with the require14 ments described in section 106.

15 ‘‘(iii) Upon execution by the defendant of a

16 valid waiver of the right to appeal the conviction on

17 which the order of deportation is based, the expira18 tion of the period described in section 106(a)(1), or

19 the final dismissal of an appeal from such convic20 tion, the order of deportation shall become final and

21 shall be executed at the end of the prison term in

22 accordance with the term of the order.

23 ‘‘(B) As soon as is practicable after entry of a

24 judicial order of deportation, the Attorney General

25 shall provide the defendant with written notice of
24

•S 1884 IS

1 the order or deportation, which shall designate the

2 defendant’s country of choice for deportation and

3 any alternate country pursuant to section 243(a).

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

5 request for a judicial order of deportation shall not

6 preclude the Attorney General from initiating depor7 tation proceedings pursuant to section 242 upon the

8 same ground of deportability or upon any other

9 ground of deportability provided under section

10 241(a).’’.

11 (b) TECHNICAL AMENDMENT.—The ninth sentence

12 of section 242(b) of the Immigration and Nationality Act

13 (8 U.S.C. 1252(b)) is amended by striking ‘‘The’’ and in14 serting ‘‘Except as provided in section 242A(c) and

15 242A(d), the’’.

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

17 this section shall apply to all aliens whose adjudication of

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

19 of enactment of this Act.

20 SEC. 114. RESTRICTING DEFENSES TO DEPORTATION FOR

21 CERTAIN CRIMINAL ALIENS.

22 (a) DEFENSES BASED ON SEVEN YEARS OF PERMA23 NENT RESIDENCE.—The last sentence of section 212(c)

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

25 1182(c)) is amended by striking ‘‘has served for such fel-
25

•S 1884 IS

1 ony or felonies’’ and all that follows through the period

2 and inserting ‘‘has been sentenced for such felony or felo3 nies to a term or terms of imprisonment of at least 5

4 years, if the time for appealing such conviction or sentence

5 has expired and the sentence has become final.’’.

6 (b) WITHHOLDING OF DEPORTATION DEFENSE.—

7 Section 243(h)(2) of the Immigration and Nationality Act

8 (8 U.S.C. 1253(h)(2)) is amended—

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

10 (C);

11 (2) by striking the period at the end of sub12 paragraph (D) and inserting ‘‘; or’’; and

13 (3) by adding at the end the following new sub14 paragraph:

15 ‘‘(E) the alien has been convicted of an ag16 gravated felony.’’.

17 SEC. 115. ENHANCING PENALTIES FOR FAILING TO DE18 PART, OR REENTERING, AFTER FINAL ORDER

19 OF DEPORTATION.

20 (a) FAILURE TO DEPART.—Section 242(e) of the Im21 migration and Nationality Act (8 U.S.C. 1252(e)) is

22 amended—

23 (1) by striking ‘‘by reason of being a member

24 of any of the classes described in paragraph (2), (3),

25 or (4) of section 241(a)’’ the first time it appears
26

•S 1884 IS

1 and inserting ‘‘by reason of being a member of any

2 of the classes described in section 212(a) or 241(a)’’;

3 and

4 (2) by striking ‘‘shall be imprisoned not more

5 than ten years’’ and inserting ‘‘shall be imprisoned

6 not more than 4 years, except that if the alien is a

7 member of any of the classes described in paragraph

8 (1)(E), (2), (3), or (4) of section 241(a) then the

9 alien shall be imprisoned not more than 10 years’’.

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

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

12 (1) in paragraph (1)—

13 (A) by inserting after ‘‘commission of’’ the

14 following: ‘‘three or more misdemeanors involv15 ing drugs, crimes against the person, or both,

16 or’’; and

17 (B) striking ‘‘5’’ and inserting ‘‘10’’; and

18 (2) in paragraph (2), by striking ‘‘15’’ and in19 serting ‘‘20’’, and

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

21 ‘‘For the purposes of this subsection, the term ‘deporta22 tion’ includes any agreement in which an alien stipulates

23 to deportation during a criminal trial under either Federal

24 or State law.’’.
27

•S 1884 IS

1 (c) COLLATERAL ATTACKS ON UNDERLYING DEPOR2 TATION ORDER.—Section 276 of the Immigration and Na3 tionality Act (8 U.S.C. 1326) is amended by adding at

4 the end the following new subsection:

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

6 an alien may not challenge the validity of the deportation

7 order described in subsection (a)(1) or subsection (b) un8 less the alien demonstrates that—

9 ‘‘(1) the alien has exhausted any administrative

10 remedies that may have been available to seek relief

11 against such order;

12 ‘‘(2) the deportation proceedings at which the

13 order was issued improperly deprived the alien of the

14 opportunity for judicial review; and

15 ‘‘(3) the entry of the order was fundamentally

16 unfair.’’.

17 SEC. 116. CIVIL PENALTIES FOR FAILURE TO DEPART.

18 (a) IN GENERAL.—Section 274C of the Immigration

19 and Nationality Act (8 U.S.C. 1324c) is amended—

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

21 follows:

22 ‘‘PENALTIES FOR DOCUMENT FRAUD, FAILURE TO

23 DEPART, AND FAILURE TO PRESENT DOCUMENTS’’;

24 (2) in subsection (a)—

25 (A) by striking ‘‘or’’ at the end of para26 graph (3);
28

•S 1884 IS

1 (B) by striking the period at the end of

2 paragraph (4) and inserting ‘‘; or’’; and

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

4 paragraph:

5 ‘‘(5) if such person is an alien—

6 ‘‘(A) to fail or refuse to depart from the

7 United States by the date that final,

8 unappealable orders of exclusion and deporta9 tion or deportation become effective against

10 such person; or

11 ‘‘(B) to fail or refuse to voluntarily depart

12 the United States by the date granted by the

13 Attorney General in lieu of a final,

14 unappealable order of deportation,’’;

15 (3) in subsection (c), by inserting before the pe16 riod the following: ‘‘or in section 237 or section 242

17 of this Act’’;

18 (4) in subsection (d)(3)—

19 (A) by striking ‘‘or’’ at the end of subpara20 graph (A);

21 (B) by striking the period at the end of

22 subparagraph (B) and inserting ‘‘, or’’; and

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

24 subparagraph:
29

•S 1884 IS

1 ‘‘(C) up to $500 for each day that an alien

2 is in violation of subsection (a)(5)’’; and

3 (5) by inserting at the end the following new

4 subsection:

5 ‘‘(e) DEFINITION.—For the purposes of this section,

6 the term ‘final, unappealable order of deportation’ means

7 any order of exclusion and deportation or deportation is8 sued by the Attorney General that has not been adminis9 tratively or judicially appealed within the deadlines estab10 lished by this Act or regulations thereunder, or any such

11 order the judicial appeal of which has been denied.’’.

12 (b) AMENDMENT TO THE TABLE OF CONTENTS.—

13 The table of contents for the Immigration and Nationality

14 Act is amended by amending the item relating to section

15 274C to read as follows:

‘‘Sec. 274C. Civil penalties for failure to depart.’’.

16 PART C—MISCELLANEOUS

17 SEC. 121. MISCELLANEOUS AND TECHNICAL CHANGES.

18 (a) FORM OF DEPORTATION HEARINGS.—The sec19 ond sentence of section 242(b) of the Immigration and

20 Nationality Act (8 U.S.C. 1252(b)) is amended by insert21 ing before the period the following: ‘‘, except that nothing

22 in this sentence precludes the Attorney General from au23 thorizing proceedings by electronic or telephonic media

24 (with the consent of the alien) or, where waived or agreed

25 to by the parties, in the absence of the alien’’.
30

•S 1884 IS

1 (b) CONSTRUCTION OF EXPEDITED DEPORTATION

2 REQUIREMENTS.—No amendment made by this title, and

3 nothing in section 242(i) of the Immigration and Nation4 ality Act (8 U.S.C. 1252(i)), may be construed to create

5 any substantive or procedural right or benefit, that is le6 gally enforceable by any party against the United States

7 or its agencies or officers or against any other person.

8 TITLE II—PORT OF ENTRY

9 INSPECTIONS

10 SEC. 201. RESTRICTIONS ON ADMISSIONS FRAUD.

11 (a) EXCLUSION FOR FRAUDULENT DOCUMENTS OR

12 FAILURE TO PRESENT DOCUMENTS.—Section

13 212(a)(6)(C) of the Immigration and Nationality Act (8

14 U.S.C. 1182(a)(6)(C)) is amended—

15 (1) by striking ‘‘(C) MISREPRESENTATION’’ and

16 inserting the following:

17 ‘‘(C) FRAUD, MISREPRESENTATION, AND FAILURE

18 TO PRESENT DOCUMENTS’’; and

19 (2) by adding at the end the following new

20 clause:

21 ‘‘(iii) FRAUD, MISREPRESENTATION, AND FAIL22 URE TO PRESENT DOCUMENTS.—

23 ‘‘(I) Any alien who, in seeking entry to the

24 United States or boarding a common carrier for

25 the purpose of coming to the United States pre-
31

•S 1884 IS

1 sents any document which, in the determination

2 of the immigration officer, is forged, counter3 feit, altered, falsely made, stolen, or inapplica4 ble to the person presenting the document, or

5 otherwise contains a misrepresentation of a ma6 terial fact, is excludable.

7 ‘‘(II) Any alien who is required to present

8 a document relating to the alien’s eligibility to

9 enter the United States prior to boarding a

10 common carrier for the purpose of coming to

11 the United States and who fails to present such

12 document to an immigration officer upon arriv13 al at a port of entry into the United States is

14 excludable.’’.

15 (b) PROVISION FOR ASYLUM AND OTHER DISCRE16 TIONARY RELIEF.—(1) Section 208 of the Immigration

17 and Nationality Act (8 U.S.C. 1158) is amended by add18 ing at the end the following new subsection:

19 ‘‘(e)(1) Notwithstanding subsection (a), any alien

20 who, in seeking entry to the United States or boarding

21 a common carrier for the purpose of coming to the United

22 States, presents any document which, in the determination

23 of the immigration officer, is fraudulent, forged, stolen,

24 or inapplicable to the person presenting the document, or

25 otherwise contains a misrepresentation of a material fact,
32

•S 1884 IS

1 may not apply for or be granted asylum, unless presen2 tation of the document was pursuant to direct departure

3 from a country in which the alien has a credible fear of

4 persecution or of return to persecution.

5 ‘‘(2) Notwithstanding subsection (a), an alien who

6 boards a common carrier for the purpose of coming to the

7 United States through the presentation of any document

8 which relates or purports to relate to the alien’s eligibility

9 to enter the United States, and who fails to present such

10 document to an immigration officer upon arrival at a port

11 of entry into the United States, may not apply for or be

12 granted asylum, unless presentation of such document was

13 pursuant to direct departure from a country in which the

14 alien has a credible fear of persecution or of return to per15 secution.

16 ‘‘(3) Notwithstanding subsection (a), an alien de17 scribed in section 235(d)(3) may not apply for or be grant18 ed asylum, unless the person departed directly from a

19 country in which the alien has a credible fear of persecu20 tion or of return to persecution.

21 ‘‘(4) Notwithstanding paragraphs (1), (2), and (3),

22 the Attorney General may, in the Attorney General’s sole

23 discretion, permit an alien described in paragraphs (1),

24 (2), or (3) to apply for asylum.
33

•S 1884 IS

1 ‘‘(5)(A) When an immigration officer has determined

2 that an alien has sought entry under either of the cir3 cumstances described in paragraph (1) or (2) or is an

4 alien described in section 235(d)(3) and the alien has indi5 cated a desire to apply for asylum, the immigration officer

6 shall refer the matter to an asylum officer who shall inter7 view the alien to determine whether presentation of the

8 document was pursuant to direct departure from a coun9 try in which the alien has a credible fear of persecution

10 or of return to persecution, or in the case of an alien de11 scribed in section 235(d)(3), whether the alien had directly

12 departed from such a country.

13 ‘‘(B) If the officer determines that the alien does not

14 have a credible fear of persecution or of return to persecu15 tion in the country in which the alien was last present

16 prior to attempting entry into the United States or arriv17 ing in the United States or a port of entry under the cir18 cumstances described in section 235(d)(3), the alien may

19 be specially excluded and deported in accordance with sec20 tion 235(e).

21 ‘‘(C) The Attorney General shall provide by regula22 tion for the prompt supervisory review of a determination

23 under subparagraph (B) that an alien does not have a

24 credible fear of persecution or of return to persecution in

25 the country in which the alien was last present.
34

•S 1884 IS

1 ‘‘(D) The Attorney General shall provide information

2 concerning the credible fear determination process de3 scribed in this paragraph to persons who may be eligible

4 for that process under the provisions of this subsection.

5 An alien who is eligible for a credible fear determination

6 pursuant to subparagraph (A) may consult with a person

7 or persons of his or her choosing prior to the credible fear

8 determination process or any review thereof, according to

9 regulations prescribed by the Attorney General. Such con10 sultation shall be at no expense to the Government and

11 shall not delay the process.

12 ‘‘(6) As used in this section, the term ‘credible fear

13 of persecution or of return to persecution’ means—

14 ‘‘(A) it is more probable than not that the

15 statements made by the alien in support of his or

16 her claim are true; and

17 ‘‘(B) there is a significant danger that the alien

18 would be returned to a country in which the alien

19 would have a credible fear of persecution.

20 ‘‘(7) As used in this subsection, the term ‘asylum offi21 cer’ means a person who—

22 ‘‘(A) has had professional training in country

23 conditions, asylum law, and interview techniques;
35

•S 1884 IS

1 ‘‘(B) has been employed for at least one year in

2 a position the primary responsibility of which is the

3 adjudication of asylum claims; and

4 ‘‘(C) is supervised by an officer who meets con5 ditions in subparagraphs (A) and (B).’’.

6 (2) Section 235 of the Immigration and Nationality

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

8 following new subsection:

9 ‘‘(d)(1) Subject to paragraph (2), any alien who has

10 not been admitted to the United States, and who is exclud11 able under section 212(a)(6)(C)(iii), or who is an alien de12 scribed in paragraph (3), is ineligible for withholding of

13 deportation pursuant to section 243(h), and may not apply

14 therefor or for any other relief under this Act, except that

15 an alien found to have a credible fear of persecution or

16 of return to persecution in accordance with section 208(e)

17 shall be taken before a special inquiry officer for exclusion

18 proceedings in accordance with section 236 and may apply

19 for asylum, withholding of deportation, or both, in the

20 course of such proceedings.

21 ‘‘(2) An alien described in paragraph (1) who has

22 been found ineligible to apply for asylum under section

23 208(e) may be returned under the provisions of this sec24 tion only to a country in which he or she has no credible

25 fear of persecution or of return to persecution. If there
36

•S 1884 IS

1 is no country to which the alien can be returned in accord2 ance with the provisions of this paragraph, the alien shall

3 be taken before a special inquiry officer for exclusion pro4 ceedings in accordance with section 236 and may apply

5 for asylum, withholding of deportation, or both, in the

6 course of such proceedings.

7 ‘‘(3) Any alien who is excludable under section

8 212(a), and who has been brought or escorted under the

9 authority of the United States—

10 ‘‘(A) into the United States, having been on

11 board a vessel encountered seaward of the territorial

12 sea by officers of the United States, or

13 ‘‘(B) to a port of entry, having been on board

14 a vessel encountered within the territorial sea or in15 ternal waters of the United States,

16 shall either be detained on board the vessel on which such

17 person arrived or in such facilities as are designated by

18 the Attorney General or paroled in the discretion of the

19 Attorney General pursuant to section 212(d)(5) pending

20 accomplishment of the purpose for which the person was

21 brought or escorted into the United States or to the port

22 of entry, except that no alien shall be detained on board

23 a public vessel of the United States without the concur24 rence of the head of the department under whose authority

25 the vessel is operating.’’.
37

•S 1884 IS

1 (3) Section 237(a) of the Immigration and National2 ity Act (8 U.S.C. 1227(a)) is amended—

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

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

5 section 235(d)(2), deportation’’; and

6 (B) in the first sentence of paragraph (2) by

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

8 235(d)(2), if’’.

9 SEC. 202. SPECIAL PORT OF ENTRY EXCLUSION FOR ADMIS10 SIONS FRAUD.

11 Section 235 of the Immigration and Nationality Act

12 (8 U.S.C. 1225), as amended by section 201(b)(2), is fur13 ther amended by adding at the end the following new sub14 section:

15 ‘‘(e)(1) Subject to paragraph (d)(2), any alien (in16 cluding an alien crewman) who—

17 ‘‘(A) may appear to the examining immigration

18 officer or to the special inquiry officer during the ex19 amination before either of such officers to be exclud20 able under section 212(a)(6)(C)(iii) of the Immigra21 tion and Nationality Act may be ordered specially

22 excluded and deported by the Attorney General, ei23 ther by a special inquiry officer or otherwise; or

24 ‘‘(B) was brought to the United States pursu25 ant to subsection (d)(3) and who may appear to an
38

•S 1884 IS

1 examining immigration officer to be excludable may

2 be ordered specially excluded and deported by the

3 Attorney General without any further inquiry, either

4 by a special inquiry officer or otherwise.

5 ‘‘(2) Such special exclusion order is not subject to

6 administrative appeal, except that the Attorney General

7 shall provide by regulation for prompt review of such an

8 order against an applicant who claims to have been law9 fully admitted for permanent residence. A special exclu10 sion order entered in accordance with the provisions of

11 this subsection shall have the same effect as if the alien

12 had been ordered excluded and deported pursuant to sec13 tion 236, except that judicial review of such an order shall

14 be available only under section 106.

15 ‘‘(3) Nothing in this subsection shall be regarded as

16 requiring an inquiry before a special inquiry officer in the

17 case of an alien crewman.’’.

18 SEC. 203. JUDICIAL REVIEW.

19 (a) PRECLUSION OF JUDICIAL REVIEW.—Section

20 106 of the Immigration and Nationality Act (8 U.S.C.

21 1105a) is amended—

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

23 follows: ‘‘JUDICIAL REVIEW OF ORDERS OF DEPOR24 TATION AND EXCLUSION, AND SPECIAL EXCLUSION’’;

25 and
39

•S 1884 IS

1 (2) by adding at the end the following new sub2 section:

3 ‘‘(d)(1) Notwithstanding any other provision of law,

4 and except as provided in this subsection, no court shall

5 have jurisdiction to review any individual determination,

6 or to entertain any other cause or claim, arising from or

7 relating to the implementation or operation of sections

8 208(e), 212(a)(6)(C)(iii), 235(d), and 235(e). Regardless

9 of the nature of the action or claim, or the party or parties

10 bringing the action, no court shall have jurisdiction or au11 thority to enter declaratory, injunctive, or other equitable

12 relief not specifically authorized in this subsection, nor to

13 certify a class under Rule 23 of the Federal Rules of Civil

14 Procedure.

15 ‘‘(2) Judicial review of any cause, claim, or individual

16 determination covered under paragraph (d)(1) shall only

17 be available in habeas corpus proceedings, and shall be

18 limited to determinations of—

19 ‘‘(A) whether the petitioner is an alien, if the

20 petitioner makes a showing that his or her claim of

21 United States nationality is not frivolous;

22 ‘‘(B) whether the petitioner was ordered spe23 cially excluded; and

24 ‘‘(C) whether the petitioner can prove by a pre25 ponderance of the evidence that he or she is an alien
40

•S 1884 IS

1 lawfully admitted for permanent residence and is en2 titled to such further inquiry as is prescribed by the

3 Attorney General pursuant to section 235(e)(2).

4 ‘‘(3) In any case where the court determines that an

5 alien was not ordered specially excluded, or was not prop6 erly subject to special exclusion under the regulations

7 adopted by the Attorney General, the court may order no

8 relief beyond requiring that the alien receive a hearing in

9 accordance with section 236, or a determination in accord10 ance with section 235(c) or 273(d). Any alien excludable

11 under section 212(a)(6)(C)(iii) who receives a hearing

12 under section 236, whether by order of court or otherwise,

13 may thereafter obtain judicial review of any resulting final

14 order of exclusion pursuant to subsection (b).

15 ‘‘(4) In determining whether an alien has been or16 dered specially excluded, the court’s inquiry shall be lim17 ited to whether such an order was in fact issued and

18 whether it relates to the petitioner. There shall be no re19 view of whether the alien is actually excludable under sec20 tion 212(a)(6)(C)(iii) or entitled to any relief from exclu21 sion.’’.

22 (b) PRECLUSION OF COLLATERAL ATTACKS.—Sec23 tion 235 of the Immigration and Nationality Act (8 U.S.C.

24 1225), as amended by sections 201(b)(2) and 202, is fur-
41

•S 1884 IS

1 ther amended by adding at the end the following new sub2 section:

3 ‘‘(f) In any action brought for the assessment of pen4 alties for improper entry or re-entry of an alien under sec5 tions 275 and 276 of the Immigration and Nationality

6 Act, no court shall have jurisdiction to hear claims collat7 erally attacking the validity of orders of exclusion, special

8 exclusion, or deportation entered under sections 235, 236,

9 and 242 of the Immigration and Nationality Act.’’.

10 SEC. 204. EFFECTIVE DATE.

11 The amendments made by this title shall be effective

12 upon the date of enactment of this Act, and shall apply

13 to aliens who arrive in or seek admission to the United

14 States on or after such date. Notwithstanding any other

15 provision of law, the Attorney General may issue interim

16 final regulations to implement the provisions of such

17 amendments at any time on or after the date of enactment

18 of this Act, which regulations may become effective upon

19 publication without prior notice or opportunity for public

20 comment.
42

•S 1884 IS

1 TITLE III—PENALTIES FOR DOC2 UMENT FRAUD AND MIS3 REPRESENTATION

4 SEC. 301. INCREASED PENALTIES FOR DOCUMENT FRAUD.

5 (a) FRAUD AND MISUSE OF IMMIGRATION DOCU6 MENTS.—Section 1546(a) of title 18, United States Code,

7 is amended by striking ‘‘five years’’ and inserting ‘‘ten

8 years’’.

9 (b) FRAUD AND MISUSE OF GOVERNMENT-ISSUED

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

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

12 years’’ and inserting ‘‘ten years’’.

13 (c) CHANGES TO THE SENTENCING LEVELS.—Pur14 suant to section 944 of title 28, United States Code, and

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

16 States Sentencing Commission shall promulgate guide17 lines, or amend existing guidelines, relating to defendants

18 convicted of violating, or conspiring to violate, sections

19 1546(a) and 1028(a) of title 18, United States Code. The

20 basic offense level under section 2L2.1 of the United

21 States Sentencing Guidelines shall be increased to—

22 (1) not less than offense level 15 if the offense

23 involved 1,000 or more documents;

24 (2) not less than offense level 20 if the offense

25 involved 2,000 or more documents, or if the docu-
43

•S 1884 IS

1 ments were used to facilitate any other criminal ac2 tivity described in section 212(a)(2)(A)(i)(II) of the

3 Immigration and Nationality Act (8 U.S.C.

4 1182(a)(A)(i)(II)) or in section 101(a)(43) of such

5 Act, as amended by this Act;

6 (3) not less than offense level 25 if the offense

7 involved—

8 (A) the provision of documents to a person

9 known or suspected of engaging in a terrorist

10 activity (as such terms are defined in section

11 212(a)(3)(B) of the Immigration and National12 ity Act (8 U.S.C. 1182(a)(3)(B));

13 (B) the provision of documents to facilitate

14 a terrorist activity or to assist a person to en15 gage in terrorist activity (as such terms are de16 fined in section 212(a)(3)(B) of the Immigra17 tion and Nationality Act (8 U.S.C.

18 1182(a)(3)(B)); or

19 (C) the provision of documents to persons

20 involved in racketeering enterprises (as such

21 acts or activities are defined in section 1952 of

22 title 18, United States Code).
44

•S 1884 IS

1 SEC. 302. PENALTIES FOR FAILURE TO DISCLOSE ROLE AS

2 PREPARER OF FRAUDULENT DOCUMENTS.

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

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

5 is amended—

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

7 (3);

8 (2) by striking the period and inserting ‘‘, or’’

9 at the end of paragraph (4); and

10 (3) by adding at the end the following new

11 paragraph:

12 ‘‘(5) in reckless disregard of the fact that the

13 information is false or does not relate to the appli14 cant, to prepare, to file, or to assist another in pre15 paring or filing, documents which are falsely made

16 (including but not limited to documents which con17 tain false information, contain material misrepresen18 tations, or information which does not relate to the

19 applicant) for the purpose of satisfying a require20 ment of this Act.’’.

21 (b) CONFORMING AMENDMENTS FOR CIVIL PEN22 ALTIES.—Section 274C(d)(3) of the Immigration and Na23 tionality Act (8 U.S.C. 1324c(d)(3)) is amended by strik24 ing ‘‘each document used, accepted, or created and each

25 instance of use, acceptance, or creation’’ each of the two
45

•S 1884 IS

1 places it appears and inserting ‘‘each instance of a viola2 tion under subsection (a)’’.

3 (c) CRIMINAL PENALTIES FOR FAILURE TO DIS4 CLOSE ROLE AS DOCUMENT PREPARER.—Section 274C

5 of the Immigration and Nationality Act (8 U.S.C. 1324c)

6 is amended by adding at the end the following new sub7 section:

8 ‘‘(e) CRIMINAL PENALTIES FOR FAILURE TO DIS9 CLOSE ROLE AS DOCUMENT PREPARER.—(1) Whoever, in

10 any matter within the jurisdiction of the Service under

11 section 208 of this Act, knowingly and willfully fails to

12 disclose, conceals, or covers up the fact that they have,

13 on behalf of any person and for a fee or other remunera14 tion, prepared or assisted in preparing an application

15 which was falsely made (as defined in section 274C(a))

16 for immigration benefits pursuant to section 208 of this

17 Act, or the regulations promulgated thereunder, shall be

18 guilty of a felony and shall be fined in accordance with

19 title 18, United States Code, imprisoned for not less than

20 2 nor more than 5 years, or both, and prohibited from

21 preparing or assisting in preparing, regardless of whether

22 for a fee or other remuneration, any other such applica23 tion.

24 ‘‘(2) Whoever, having been convicted of a violation

25 of paragraph (1), knowingly and willfully prepares or as-
46

•S 1884 IS

1 sists in preparing an application for immigration benefits

2 pursuant to this Act, or the regulations promulgated

3 thereunder, regardless of whether for a fee or other remu4 neration, shall be guilty of a felony and shall be fined in

5 accordance with title 18, United States Code, imprisoned

6 for not less than 5 years nor more than 15 years, or both,

7 and prohibited from preparing or assisting in preparing

8 any other such application.’’.

9 SEC. 303. CIVIL PENALTIES FOR FRAUD, MISREPRESENTA10 TION, AND FAILURE TO PRESENT DOCU11 MENTS.

12 Section 274C(a) (8 U.S.C. 1324c(a)), as amended by

13 section 302 of this Act, is further amended—

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

15 (4);

16 (2) by striking the period at the end of para17 graph (5) and inserting ‘‘; or’’; and

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

19 paragraph:

20 ‘‘(6) to present before boarding a common car21 rier for the purpose of coming to the United States

22 a document which relates to the alien’s eligibility to

23 enter the United States and to fail to present such

24 document to an immigration officer upon arrival at

25 a United States port of entry.
47

•S 1884 IS

1 The Attorney General may, in his or her discretion, waive

2 the penalties of this section with respect to an alien who

3 knowingly violates paragraph (6) if the alien is granted

4 asylum under section 208 or withholding of deportation

5 under section 243(h).’’.

6 TITLE IV—ASYLUM REFORM

7 SEC. 401. PENALTIES FOR FRIVOLOUS APPLICATIONS.

8 (a) CIVIL PENALTIES.—

9 (1) PROHIBITED ACTIVITIES.—Section 274C of

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

11 1324c), as amended by sections 302 and 303 of this

12 Act, is further amended by inserting at the end of

13 subsection (a) the following new sentence: ‘‘For the

14 purposes of this subsection, the phrase ‘falsely make

15 any document’ includes the preparation or provision

16 of any application for benefits under this Act which

17 was made knowingly or in reckless disregard of the

18 fact that such application has no basis in law or fact

19 or which otherwise fails to contain information per20 taining to the applicant.’’.

21 (2) EFFECTIVE DATE.—The amendment made

22 by paragraph (1) applies to the preparation of appli23 cations before, on, or after the date of enactment of

24 this Act.
48

•S 1884 IS

1 (b) CRIMINAL PENALTIES.—The fourth paragraph of

2 section 1546(a) of title 18, United States Code, is amend3 ed to read as follows:

4 ‘‘Whoever knowingly makes under oath, or as per5 mitted under penalty of perjury under section 1746 of title

6 28, United States Code, knowingly subscribes as true, any

7 false statement with respect to a material fact in any ap8 plication, affidavit, or other document required by the im9 migration laws or regulations prescribed thereunder, or

10 knowingly presents any such application, affidavit, or

11 other document which contains any such false statement

12 or which fails to contain any reasonable basis in law

13 or fact—’’.

14 SEC. 402. ASYLUM AND WORK AUTHORIZATION.

15 Section 208 of the Immigration and Nationality Act

16 (8 U.S.C. 1158) is amended by inserting the following new

17 subsection:

18 ‘‘(f) An applicant for asylum may not engage in em19 ployment in the United States except pursuant to this sub20 section. The Attorney General may deny, suspend, or oth21 erwise place conditions on any application for or grant of

22 authorization to engage in employment in the United

23 States to any alien who makes an application under this

24 section. The Attorney General shall issue regulations to

25 prescribe the conditions for denial, suspension, or condi-
49

•S 1884 IS

1 tioning of such authorization, and shall include in such

2 regulations a plan to address sudden, substantial increases

3 in asylum applications and repeated attempts by aliens to

4 gain such authorization without stating a credible fear of

5 persecution.’’.

6 SEC. 403. RESOURCES TO ADDRESS ASYLUM BACKLOG.

7 (a) PURPOSE AND PERIOD OF AUTHORIZATION.—

8 For the purpose of reducing the number of applications

9 pending under sections 208 and 243(h) of the Immigra10 tion and Nationality Act (8 U.S.C. 1158 and 8 U.S.C.

11 1253) as of the date of enactment of this Act, the Attor12 ney General shall have the authority described in sub13 sections (b) and (c) for a period of 2 years, beginning 90

14 days after the date of enactment of this Act.

15 (b) PROCEDURES FOR PROPERTY ACQUISITION ON

16 LEASING.—Notwithstanding the Federal Property and

17 Administrative Services Act of 1949 (40 U.S.C. 471 et

18 seq.), the Attorney General is authorized to expend out

19 of funds made available to the Department of Justice for

20 the administration of the Immigration and Nationality Act

21 such amounts as may be necessary for the leasing or ac22 quisition of property to carry out the purpose described

23 in subsection (a).

24 (c) USE OF FEDERAL RETIREES.—(1) In order to

25 carry out the purpose described in subsection (a), the At-
50

•S 1884 IS

1 torney General may employ temporarily not more than

2 300 persons who, by reason of retirement on or before

3 January 1, 1993, are receiving—

4 (A) annuities under the provisions of sub5 chapter III of chapter 83 of title 5, United States

6 Code, or chapter 84 of such title;

7 (B) annuities under any other retirement sys8 tem for employees of the Federal Government; or

9 (C) retired or retainer pay as retired officers of

10 regular components of the uniformed services.

11 (2) In the case of a person retired under the provi12 sions of subchapter III of chapter 83 of title 5, United

13 States Code—

14 (A) no amounts may be deducted from the per15 son’s pay,

16 (B) the annuity of such person may not be ter17 minated,

18 (C) payment of annuity to such person may not

19 be discontinued, and

20 (D) the annuity of such person may not be re21 computed,

22 under section 8344 of such title by reason of temporary

23 employment authorized in paragraph (1).

24 (3) In the case of a person retired under the provi25 sions of chapter 84 of title 5, United States Code—
51

•S 1884 IS

1 (A) no amounts may be deducted from the per2 son’s pay,

3 (B) contributions to the Civil Service Retire4 ment and Disability Fund may not be made, and

5 (C) the annuity of such person may not be re6 computed,

7 under section 8468 of such title by reason of temporary

8 employment authorized in paragraph (1).

9 (4) The retired or retainer pay of a retired officer

10 of a regular component of a uniformed service may not

11 be reduced under section 5532 of title 5, United States

12 Code, by reason of temporary employment authorized in

13 paragraph (1).

14 (5) The President shall apply the provisions of para15 graphs (2) and (3) to persons referred to in paragraph

16 (1)(B) in the same manner and to the same extent as such

17 provisions apply to persons referred to in paragraph

18 (1)(A).

19 SEC. 404. REFORMS TO DEPORTATION PROCESS.

20 (a) LANGUAGE OF ORDER TO SHOW CAUSE.—Sec21 tion 242B of the Immigration and Nationality Act (8

22 U.S.C. 1252b) is amended in subsection (a)(3) by striking

23 ‘‘under this subsection’’ and all that follows through ‘‘(B)’’

24 and inserting ‘‘under this subsection’’.
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•S 1884 IS

1 (b) PRIVILEGE OF COUNSEL.—(1) Section

2 242B(b)(1) of such Act (8 U.S.C. 1252(b)(1)) is amended

3 by inserting before the period at the end the following:

4 ‘‘, except that a hearing may be scheduled as early as 3

5 days after the service of the order to show cause if the

6 alien has been continued in custody subject to section

7 242’’.

8 (2) The parenthetical phrase in section 292 of such

9 Act (8 U.S.C. 1362) is amended to read as follows: ‘‘(at

10 no expense to the Government or unreasonable delay to

11 the proceedings)’’.

12 (3) Section 242B(b) of such Act is further amended

13 by inserting at the end the following new paragraph:

14 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in

15 this subsection may be construed to prevent the At16 torney General from proceeding against an alien

17 pursuant to section 242 if the time period described

18 in paragraph (1) has elapsed and the alien has failed

19 to secure counsel.’’.

20 (c) JUDICIAL REVIEW.—Section 106(a) of such Act

21 (8 U.S.C. 1105a(a)) is amended by amending paragraph

22 (1) to read as follows:

23 ‘‘(1)(A) a petition for review may be filed not

24 later than 30 days after the date of the issuance of

25 the final deportation order, or, in the case of an
53

•S 1884 IS

1 alien convicted of an aggravated felony, not later

2 than 15 days after the issuance of such order;

3 ‘‘(B) the alien shall serve and file a brief not

4 later than 40 days after the date on which the ad5 ministrative record is available, and may serve and

6 file a reply brief not later than 14 days after service

7 of the brief of the Attorney General, and the court

8 may not extend these deadlines except upon motion

9 for good cause shown; and

10 ‘‘(C) if an alien fails to file a brief within the

11 time provided in this paragraph, the Attorney Gen12 eral may move to dismiss the appeal, and the court

13 shall grant such motion unless a manifest injustice

14 would result;’’.

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

16 subsection (c) shall apply to all final orders of deportation

17 entered on or after the date of enactment of this Act.

18 SEC. 405. REDUCTION OF INCENTIVE TO DELAY PROCEED19 INGS.

20 (a) RELIEF UNDER SECTION 212(c).—Section

21 212(c) of the Immigration and Nationality Act (8 U.S.C.

22 1182(c)) is amended—

23 (1) by redesignating subsection (c) as sub24 section (c)(1); and

25 (2) by adding at the end the following:
54

•S 1884 IS

1 ‘‘(2) For the purpose of satisfying the 7-year period

2 described in paragraph (1), no time shall count toward

3 such period after the alien has received an order to show

4 cause issued under section 242 or 242B.’’.

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

6 subsection (a) shall apply to all applications for relief

7 under section 212(c) or 244 filed on or after the date of

8 enactment of this Act.

9 TITLE V—ILLEGAL IMMIGRA10 TION AND BORDER SECURITY

11 SEC. 501. ADDITIONAL INVESTIGATORS.

12 (a) INVESTIGATORS.—The Attorney General may,

13 subject to the normal Congressional notification proce14 dures as stipulated in Public Law 103–121 section 107,

15 transfer the funds specified in subsection (b) to the Immi16 gration and Naturalization Service for use without fiscal

17 year limitation for the purpose of hiring 125 additional

18 investigators and support staff to investigate potential vio19 lations of sections 274 and 274A of the Immigration and

20 Nationality Act (8 U.S.C. 1324 and 1324a).

21 (b) FUNDS COVERED.—Funds for transfer under

22 subsection (a) are funds in the following amounts which

23 are available to the Department of Justice for fiscal year

24 1994 in the following accounts:

25 (1) Office of Justice Programs, $2,000,000.
55

•S 1884 IS

1 (2) Assets Forfeiture Account, $6,000,000.

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

3 made available to the Immigration and Naturalization

4 Service under this section shall be available for adminis5 trative expenses to pay any employee overtime pay in an

6 amount in excess of $25,000 for any fiscal year.

7 SEC. 502. FUNDING OF DEPORTATION COSTS.

8 (a) AUTHORITY.—In addition to the amounts de9 scribed in section 501, the Attorney General may, subject

10 to the normal Congressional notification procedures as

11 stipulated in Pubic Law 103–121 section 107, transfer the

12 funds specified in subsection (b) to the Immigration and

13 Naturalization Service for use without fiscal year limita14 tion for the purpose of—

15 (1) executing final orders of deportation pursu16 ant to sections 242 and 242A of the Immigration

17 and Nationality Act (8 U.S.C. 1252); and

18 (2) detaining aliens prior to the execution of

19 final orders issued under such sections.

20 (b) FUNDS COVERED.—Funds for transfer under

21 subsection (a) are funds in the following amounts which

22 are available to the Department of Justice for fiscal year

23 1994 in the following accounts:

24 (1) Office of Justice Programs, $2,000,000.

25 (2) Assets Forfeiture Account, $8,000,000.
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•S 1884 IS

1 SEC. 503. INTERIOR REPATRIATION PILOT PROGRAM.

2 (a) ESTABLISHMENT.—Not later than 120 days after

3 the date of enactment of this Act, the Attorney General,

4 after consultation with the Secretary of State, shall estab5 lish a pilot program for up to 2 years which provides for

6 methods to deter multiple unauthorized entries by aliens

7 into the United States. The pilot program may include the

8 development and use of interior repatriation, third country

9 repatriation, and other disincentives for multiple illegal

10 entries into the United States.

11 (b) REPORT.—Not later than 35 months after the

12 date of enactment of this Act, the Attorney General, to13 gether with the Secretary of State, shall submit a report

14 to the Committees on the Judiciary of the House of Rep15 resentatives and of the Senate on the operation of the pilot

16 program under this section and whether the pilot program

17 or any part thereof should be extended or made perma18 nent.

19 TITLE VI—BORDER CROSSING

20 USER FEE

21 SEC. 601. IMPOSITION OF FEES.

22 (a) LAND BORDER USER FEE ACCOUNT.—Section

23 286(q) of the Immigration and Nationality Act (8 U.S.C.

24 1356(q)) is amended to read as follows:

25 ‘‘(q) LAND BORDER USER FEE ACCOUNT.—(1) The

26 Attorney General, after consultation with the Secretary of
57

•S 1884 IS

1 State, shall impose fees at the time of a person’s entry

2 into the United States at a land border port of entry for

3 the person’s use of border facilities or services of the Im4 migration and Naturalization Service in an amount nec5 essary to make the total of such fees substantially equal

6 to the cost of maintaining and operating such facilities

7 and services.

8 ‘‘(2) All fees collected under paragraph (1) shall be

9 deposited as offsetting receipts in a separate account with10 in the general fund of the Treasury of the United States

11 and shall remain available until expended. Such account

12 shall be known as the ‘Land Border User Fee Account’.

13 ‘‘(3)(A) The Secretary of the Treasury shall refund

14 out of the Land Border User Fee Account, at least on

15 a quarterly basis, amounts to any appropriations for ex16 penses incurred in providing inspection services at land

17 border points of entry. Such expenses shall include—

18 ‘‘(i) the provision of inspection services;

19 ‘‘(ii) the operation and maintenance of inspec20 tion facilities at land border points of entry;

21 ‘‘(iii) the expansion, operation, and mainte22 nance of information systems for nonimmigrant con23 trol;

24 ‘‘(iv) the hire of additional permanent and tem25 porary inspectors;
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•S 1884 IS

1 ‘‘(v) the minor construction costs associated

2 with the addition of new traffic lanes (with the con3 currence of the General Services Administration), in4 cluding the establishment of commuter lanes to be

5 made available to qualified United States citizens

6 and aliens, as determined by the Attorney General;

7 ‘‘(vi) the detection of fraudulent documents

8 used by passengers traveling to the United States;

9 and

10 ‘‘(vii) providing for the administration of the

11 Land Border User Fee Account.

12 ‘‘(B) Beginning for the fiscal year which begins after

13 the effective date of this subsection, amounts required to

14 be refunded in any fiscal year shall be refunded in accord15 ance with estimates made in the budget request of the At16 torney General for that fiscal year. Any proposed change

17 in an amount specified in such budget request shall only

18 be made after notification to the Committees on Appro19 priations of the House of Representatives and the Senate

20 in accordance with section 606 of Public Law 101-162 and

21 only if the Committees on the Judiciary of the House of

22 Representatives and the Senate are notified at least 15

23 days in advance.

24 ‘‘(4) Beginning two years after the date of enactment

25 of this Act, and every two years thereafter, the Attorney
59

•S 1884 IS

1 General shall prepare and submit to the Congress a report

2 containing—

3 ‘‘(A) a statement of the financial condition of

4 the Land Border Use Fee Account, including the be5 ginning account balance, revenues, withdrawals, and

6 ending account balance and projection for the next

7 two fiscal years; and

8 ‘‘(B) a recommendation, if necessary, regarding

9 any adjustment in the prescribed fee that may be re10 quired to ensure that the receipts collected from the

11 fee charged for the succeeding two-year period equal,

12 as closely as possible, the cost of providing the facili13 ties and services described in paragraph (1).’’.

14 (b) EFFECTIVE DATE.—(1) The amendment made by

15 subsection (a) shall take effect 6 months after the date

16 of enactment of this Act.

17 (2) Not later than 90 days after the date of enact18 ment of this Act, the Attorney General shall submit in

19 writing to the Committees on the Judiciary and the Com20 mittees on Appropriations of the House of Representatives

21 and of the Senate a plan detailing the proposed implemen22 tation of section 286(q) of the Immigration and National23 ity Act (as amended by this Act).

24 (3) Effective 6 months after the date of enactment

25 of this Act the fourth proviso under the heading ‘‘Immi-
60

•S 1884 IS

1 gration and Naturalization Service, Salaries and Ex2 penses’’ in Public Law 103–121 is repealed.

3 (c) USE OF UNUSED MONEYS FOR BORDER SECU4 RITY.—(1) Notwithstanding any other provision of law,

5 upon the date of enactment of this Act, the Secretary of

6 the Treasury shall refund to the Appropriation Account

7 of the Immigration and Naturalization Service the follow8 ing amounts of unobligated funds in the Land Border In9 spection Fee Account (to the extent available), for use as

10 follows:

11 (A) Not to exceed $20,000,000 for the hiring

12 and equipping of 100 additional Border Patrol

13 agents and of support personnel for increases in the

14 number of Border Patrol agents for that fiscal year.

15 (B) Not to exceed $10,000,000, to carry out

16 the project described in subsection (e), and for the

17 repair, maintenance, or construction on the United

18 States border, in areas experiencing high levels of

19 apprehensions of illegal aliens, of structures to deter

20 illegal entry into the United States for that fiscal

21 year.

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated to the Department of

24 Justice such additional funds as may be necessary to en25 able the Border Patrol to increase the number of its
61

•S 1884 IS

1 agents and support personnel by 100 for each fiscal year

2 beginning with the fiscal year 1995 and ending with the

3 fiscal year 2000.

4 (e) BORDER PILOT PROJECT.—The Attorney Gen5 eral shall conduct a pilot project of at least 6 months dura6 tion, beginning in fiscal year 1994, at the international

7 border at San Diego, California, which would attempt to

8 deter the entry without inspection of aliens into the United

9 States in substantially the same manner as the program

10 originally entitled ‘‘Operation Blockade’’ initiated in fiscal

11 year 1993 at the international border between El Paso,

12 Texas, and Juarez, Chihuahua.

13 TITLE VII—DETENTION OF

14 ILLEGAL ALIENS

15 SEC. 701. PILOT PROGRAM ON USE OF CLOSED MILITARY

16 BASES FOR THE DETENTION OF ILLEGAL

17 ALIENS.

18 (a) ESTABLISHMENT.—The Attorney General and

19 the Secretary of Defense shall establish a pilot program

20 for up to 2 years to determine the feasibility of the use

21 of military bases available through the defense base clo22 sure and realignment process as detention centers for the

23 Immigration and Naturalization Service.

24 (b) REPORT.—Not later than 35 months after the

25 date of enactment of this Act, the Attorney General, to-
62

•S 1884 IS

1 gether with the Secretary of Defense, shall submit a report

2 to the Committees on the Judiciary of the House of Rep3 resentatives and of the Senate, and the Committees on

4 Armed Services of the House of Representatives and of

5 the Senate on the feasibility of using military bases closed

6 through the defense base closure and realignment process

7 as detention centers by the Immigration and Naturaliza8 tion Service.

9 TITLE VIII—PUBLIC BENEFITS

10 ABUSE

11 SEC. 801. INELIGIBILITY FOR CERTAIN FEDERAL BENEFITS.

12 (a) DIRECT FINANCIAL ASSISTANCE OR BENE13 FITS.—

14 (1) IN GENERAL.—Notwithstanding any other

15 provision of law, an unlawful alien (as defined in

16 subsection (d)(2)) shall not be eligible to receive any

17 direct financial assistance or benefits under any

18 Federal program, except—

19 (A) emergency medical services under title

20 XIX of the Social Security Act,

21 (B) short-term emergency disaster relief,

22 (C) assistance or benefits under the Na23 tional School Lunch Act,

24 (D) assistance or benefits under the Child

25 Nutrition Act of 1966, and
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1 (E) public health assistance for immuniza2 tions with respect to immunizable diseases and

3 for testing and treatment for communicable dis4 eases.

5 (2) NOTIFICATION OF ALIENS.—The Federal

6 agency administering a program referred to in para7 graph (1) shall, directly or through the States, no8 tify any unlawful alien who is receiving benefits

9 under the program on the date of the enactment of

10 this Act and whose eligibility for the program is ter11 minated by reason of this subsection.

12 (b) UNEMPLOYMENT BENEFITS.—

13 (1) IN GENERAL.—Notwithstanding any other

14 provision of law, an alien shall not be eligible to re15 ceive any portion of unemployment benefits payable

16 out of Federal funds.

17 (2) LIMITED EXCEPTION FOR LAWFUL

18 ALIENS.—Paragraph (1) shall not apply to any law19 ful alien (as defined in subsection (d)(1)) who has

20 been granted employment authorization pursuant to

21 Federal law if the unemployment benefits are attrib22 utable to the authorized employment.

23 (c) HOUSING ASSISTANCE PROGRAMS.—Not later

24 than 90 days after the date of the enactment of this Act,

25 the Secretary of Housing and Urban Development shall
64

•S 1884 IS

1 submit a report to the Committee on the Judiciary of the

2 Senate, the Committee on the Judiciary of the House of

3 Representatives, the Committee on Banking, Housing,

4 and Urban Affairs of the Senate, and the Committee on

5 Banking, Finance and Urban Affairs of the House of Rep6 resentatives describing the manner in which the Secretary

7 is enforcing section 214 of the Housing and Community

8 Development Act of 1980 and containing statistics with

9 respect to the number of individuals denied financial as10 sistance under such section.

11 (d) DEFINITIONS.—For the purposes of this sec12 tion—

13 (1) LAWFUL ALIEN.—The term ‘‘lawful alien’’

14 means an individual who is

15 (A) an alien lawfully admitted for perma16 nent residence,

17 (B) an asylee,

18 (C) a refugee,

19 (D) an alien whose deportation has been

20 withheld under section 243(h) of the Immigra21 tion and Nationality Act,

22 (E) a parolee who has been paroled for a

23 period of 1 year or more, or

24 (F) a Chinese national described in section

25 2(b) of the Chinese Student Protection Act of
65

•S 1884 IS

1 1992 (Public Law 102–404) who, as of the date

2 of enactment of this Act, has applied for adjust3 ment of status in accordance with Public Law

4 102–404.

5 (2) UNLAWFUL ALIEN.—The term ‘‘unlawful

6 alien’’ means an individual who is not—

7 (A) a United States citizen; or

8 (B) a lawful alien.

9 (e) EFFECTIVE DATE.—The provisions of this section

10 shall apply to benefits received on or after the date of the

11 enactment of this Act.

12 SEC. 802. ATTRIBUTION OF SPONSOR’S INCOME AND RE13 SOURCES TO FAMILY PREFERENCE ALIENS.

14 (a) IN GENERAL.—Notwithstanding any other provi15 sion of law, in determining eligibility for, and the amount

16 of benefits of, a lawful alien (as defined in section

17 801(d)(1)) under any Federal program, the income and

18 resources of the alien shall include—

19 (1) the income and resources of any person

20 who, as a sponsor of such alien’s entry into the

21 United States, executed an affidavit of support or

22 similar agreement with respect to such alien, and

23 (2) the income and resources of such sponsor’s

24 spouse.
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1 The preceding sentence shall apply until such time as the

2 alien achieves United States citizenship through natu3 ralization pursuant to chapter 2 of title III of the Immi4 gration and Nationality Act.

5 (b) EFFECTIVE DATE.—The provisions of this sec6 tion shall apply to applications for benefits or benefits re7 ceived on or after the date of the enactment of this Act.

8 SEC. 803. DEFINITION OF PUBLIC CHARGE.

9 (a) IN GENERAL.—Section 241(a)(5) of the Immi10 gration and Nationality Act (8 U.S.C. 1251(a)(5)) is

11 amended to read as follows:

12 ‘‘(5) PUBLIC CHARGE.—

13 ‘‘(A) IN GENERAL.—Any alien who, within

14 5 years after the date of entry, has become a

15 public charge from causes not affirmatively

16 shown to have arisen since entry is deportable.

17 ‘‘(B) DEFINITION.—For purposes of sub18 paragraph (A), the term ‘public charge’ shall

19 include any alien who receives benefits under 1

20 or more of the programs described in subpara21 graph (C) for more than 12 consecutive

22 months.

23 ‘‘(C) PROGRAMS DESCRIBED.—The pro24 grams described in this subparagraph are the

25 following:
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1 ‘‘(i) The aid to families with depend2 ent children program under title IV of the

3 Social Security Act.

4 ‘‘(ii) The medicaid program under

5 title XIX of the Social Security Act.

6 ‘‘(iii) The food stamp program under

7 the Food Stamp Act of 1977.

8 ‘‘(iv) The supplemental security in9 come program under title XVI of the So10 cial Security Act.

11 ‘‘(v) Any State general assistance pro12 gram.’’.

13 (b) CONSTRUCTION.—Nothing in section

14 241(a)(5)(B) of the Immigration and Nationality Act may

15 be construed to invalidate other factual bases for consider16 ation of an alien as a public charge which were in effect

17 on the day before the date of the enactment of this Act.

18 (c) REVIEW OF STATUS.—Before approving any ap19 plication by an alien for benefits under section 216, sec20 tion 245, or chapter 2 of title III of the Immigration and

21 Nationality Act, the Attorney General shall determine

22 whether or not the applicant is described in section

23 241(a)(5)(B) of the Immigration and Nationality Act.
68

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1 TITLE IX—WORK

2 AUTHORIZATION VERIFICATION

3 SEC. 901. WORK AUTHORIZATION VERIFICATION.

4 The Attorney General, together with the Secretary of

5 Health and Human Services, shall develop and implement

6 a counterfeit-resistant system to verify work eligibility and

7 federally-funded public assistance benefits eligibility for all

8 persons within the United States. If the system developed

9 includes a document (designed specifically for use for this

10 purpose), that document shall not be used as a national

11 identification card, and the document shall not be required

12 to be carried or presented by any person except at the

13 time of application for federally funded public assistance

14 benefits or to comply with employment eligibility verifica15 tion requirements.

16 TITLE X—NUMERICAL LIMITA17 TIONS ON ADMISSION OF

18 ALIENS INTO THE UNITED

19 STATES

20 SEC. 1001. REDUCTION IN WORLDWIDE IMMIGRATION DUR21 ING FISCAL YEARS 1995 THROUGH 1999.

22 Section 201 of the Immigration and Nationality Act

23 (8 U.S.C. 1151) is amended by adding at the end the fol24 lowing new subsection:
69

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1 ‘‘(f) REDUCTION IN WORLDWIDE LEVEL OF IMMI2 GRATION DURING FISCAL YEARS 1995 THROUGH 1999.—

3 Notwithstanding the previous provisions of this section, or

4 sections 202 and 203, for each of the fiscal years 1995

5 through 1999, the new numerical level, limitation, or per6 centage specified in column (d) of the following table shall

7 be substituted for the numerical level, limitation, or per8 centage specified in column (c) and appearing in the sec9 tion specified in column (b):

‘‘(a) Description of numerical level, limitation, or percentages

(b) Section in which

appearing

(c) Current

numerical

level, limitation, or percentage

(d) New numerical level,

limitation, or

percentage

Worldwide level of family-sponsored immigrants ......................... Sec. 201(c)(1)(A)(i) 480,000 405,000

Worldwide level of employment-based immigrants ......................... Sec. 201(d)(1)(A) 140,000 95,000

Worldwide level of diversity immigrants .......... Sec. 201(e) 55,000 0

Percentage floor for 2A

family preference immigrants under per

country numerical limitations ......................... Sec. 202(a)(4)(A)(ii) 77 percent 80.5 percent

Percentage allocation for

2B family preference

immigrants under per

country numerical limitations ......................... Sec. 202(a)(4)(C)(i) 23 percent 19.5 percent

Numerical allocations for

family 2d preference

immigrants (spouses

and unmarried sons

and unmarried daughters of permanent resident aliens) ................. Sec. 203(a)(2) 114,200 109,200

Percentage floor for 2A

family preference immigrants (spouses and

children of permanent

resident aliens) ........... Sec. 203(a)(2) 77 percent 80.5 percent

Numerical allocation for

family 3d preference

immigrants (married

sons and married

daughters of citizens). Sec. 203(a)(3) 23,400 18,400
70

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‘‘(a) Description of numerical level, limitation, or percentages

(b) Section in which

appearing

(c) Current

numerical

level, limitation, or percentage

(d) New numerical level,

limitation, or

percentage

Numerical allocation for

family 4th preference

immigrants (brothers

and sisters of citizens) Sec. 203(a)(4) 65,000 0

Numerical limitation on

unskilled labor permitted to enter under

employment 3d preference (skilled workers,

professionals, and

other workers) ............ Sec. 203(b)(3)(B) 10,000 0’’.

1 SEC. 1002. WORLDWIDE NUMERICAL LIMITATION.

2 Section 201(c)(1)(B) of the Immigration and Nation3 ality Act (8 U.S.C. 1151(c)(1)(B)) is amended—

4 (1) by striking ‘‘(i)’’ immediately after ‘‘(B)’’;

5 and

6 (2) by striking paragraph (1)(B)(ii).

7 SEC. 1003. NUMERICAL LIMITATION ON ANNUAL ADMIS8 SION OF REFUGEES.

9 Section 207(a)(2) of the Immigration and Nationality

10 Act (8 U.S.C. 1157(a)(2)) is amended—

11 (1) by inserting ‘‘(A)’’ immediately after ‘‘(2)’’;

12 and

13 (2) by inserting ‘‘in subparagraph (B) and’’

14 after ‘‘provided’’; and

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

16 ‘‘(B) The number of refugees admitted in any fiscal

17 year may not exceed 80,000 unless Congress enacts a bill
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1 or joint resolution specifically authorizing a greater num2 ber.’’.

3 TITLE XI—MISCELLANEOUS

4 PROVISIONS

5 SEC. 1101. USE OF LEGALIZATION INFORMATION FOR

6 CRIMINAL PROSECUTION PURPOSES.

7 (a) CONFIDENTIALITY OF INFORMATION.—Section

8 245A(c)(5)(C) (8 U.S.C. 1255a(c)(5)(C)) is amended by

9 amending the text after subparagraph (C) to read as fol10 lows:

11 ‘‘except that the Attorney General shall provide informa12 tion furnished under this section when such information

13 is requested in writing by a duly recognized law enforce14 ment entity in connection with a criminal investigation or

15 prosecution, or to an official coroner for purposes of af16 firmatively identifying a deceased individual, whether or

17 not such individual is deceased as a result of a crime, or

18 the Attorney General may provide, in the Attorney Gen19 eral’s discretion, for the furnishing of information fur20 nished under this section in the same manner and cir21 cumstances as census information may be disclosed by the

22 Secretary of Commerce under section 8 of title 13, United

23 States Code. Anyone who uses, publishes, or permits infor24 mation to be examined in violation of this paragraph shall
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1 be fined in accordance with title 18, United States Code,

2 or imprisoned not more than five years, or both.’’.

3 (b) SPECIAL AGRICULTURAL WORKERS.—Section

4 210(b)(6)(C) (8 U.S.C. 1160(b)(6)(C)) is amended—

5 (1) by striking the period at the end of sub6 paragraph (C) and inserting a comma; and

7 (2) by adding in full measure margin after sub8 paragraph (C) the following: ‘‘except that the Attor9 ney General shall provide information furnished

10 under this section when such information is re11 quested in writing by a duly recognized law enforce12 ment entity in connection with a criminal investiga13 tion or prosecution, or to an official coroner for pur14 poses of affirmatively identifying a deceased individ15 ual, whether or not such individual is deceased as a

16 result of a crime.’’.

17 SEC. 1102. COMMUNICATIONS BETWEEN FEDERALLY FUND18 ED GOVERNMENT AGENCIES AND THE IMMI19 GRATION AND NATURALIZATION SERVICE.

20 Notwithstanding any other provision of law, no Fed21 eral, State, or local government entity receiving Federal

22 funds shall be prohibited or in any way restricted from

23 communicating with the Immigration and Naturalization

24 Service regarding the immigration status, legal or illegal,

25 of an alien in the United States.
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