II

103D CONGRESS

2D SESSION S. 2197

To amend the Immigration and Nationality Act to control illegal immigration

to the United States, reduce incentives for illegal immigration, reform

asylum procedures, strengthen criminal penalties for the smuggling of

aliens, and reform other procedures.

IN THE SENATE OF THE UNITED STATES

JUNE 15 (legislative day, JUNE 7), 1994

Mrs. FEINSTEIN 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 control

illegal immigration to the United States, reduce incentives for illegal immigration, reform asylum procedures,

strengthen criminal penalties for the smuggling of aliens,

and reform other procedures.

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 ‘‘Illegal Immigration

5 Control and Enforcement Act of 1994’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:
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Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—ILLEGAL IMMIGRATION CONTROL AND ENFORCEMENT

PART A—EXPANDED BORDER PATROL, SUPPORT, TRAINING, AND

RESOURCES

Sec. 111. Border patrol expansion and deployment.

Sec. 112. Hiring preference for bilingual border patrol agents.

Sec. 113. Improved border patrol training.

Sec. 114. Technology and equipment transfer to the Department of Justice.

PART B—EXPANDED BORDER INSPECTION PERSONNEL, SUPPORT, AND

FACILITIES

Sec. 121. Additional land border inspectors.

Sec. 122. Improvement of border crossing infrastructure.

PART C—DETENTION AND DEPORTATION

Sec. 131. Enhancing penalties for failing to depart, or reentering, after final

order of deportation.

Sec. 132. Civil penalties for failure to depart.

Sec. 133. Form of deportation hearings.

Sec. 134. Interior repatriation and multiple reentry deterrence pilot program.

Sec. 135. Judicial review.

Sec. 136. Communications between federally funded government agencies and

the Immigration and Naturalization Service.

PART D—ENHANCED CRIMINAL ALIEN DEPORTATION AND TRANSFER

Sec. 141. Expansion in definition of ‘‘aggravated felony’’.

Sec. 142. Deportation procedures for certain criminal aliens who are not permanent residents.

Sec. 143. Judicial deportation.

Sec. 144. Restricting defenses to deportation for certain criminal aliens.

Sec. 145. Construction of expedited deportation requirements.

Sec. 146. Negotiations for international agreements.

Sec. 147. Denial of discretionary relief to aliens convicted of aggravated felonies.

Sec. 148. Annual report.

Sec. 149. Use of legalization information for criminal prosecution purposes.

TITLE II—ILLEGAL IMMIGRATION INCENTIVE REDUCTION

PART A—PUBLIC BENEFITS CONTROL

Sec. 211. Ineligibility for certain direct Federal benefits.

Sec. 212. Limits on benefits to sponsored immigrants.

Sec. 213. Sponsorship enhancement.

Sec. 214. Authority to States and localities to limit assistance to aliens and to

distinguish among classes of aliens in providing general public

assistance.

PART B—EMPLOYER SANCTIONS SUPPORT

Sec. 221. Additional Immigration and Naturalization Service investigators.
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PART C—ENHANCED WAGE AND HOUR LAWS

Sec. 231. Increased personnel levels for the labor department.

Sec. 232. Increased number of assistant United States attorneys.

PART D—AUTHORIZATION VERIFICATION

Sec. 241. Work authorization verification.

TITLE III—ENHANCED SMUGGLING CONTROL AND PENALTIES

Sec. 301. Increased penalties for alien smuggling.

Sec. 302. Death penalty procedures.

Sec. 303. Smuggling aliens for commission of crimes.

Sec. 304. Adding alien smuggling to RICO.

Sec. 305. Expanded forfeiture for smuggling or harboring illegal aliens.

Sec. 306. Wiretap authority for alien smuggling investigations.

Sec. 307. Effective date.

TITLE IV—ADMISSIONS AND DOCUMENT FRAUD CONTROL

PART A—PORT OF ENTRY INSPECTIONS

Sec. 411. Restrictions on admissions fraud.

Sec. 412. Special port of entry exclusion for admissions fraud.

Sec. 413. Judicial review.

Sec. 414. Effective date.

PART B—ENHANCED PENALTIES

Sec. 421. Increased penalties for document fraud.

Sec. 422. Penalties for failure to disclose role as preparer of fraudulent documents.

Sec. 423. Civil penalties for fraud, misrepresentation, and failure to present

documents.

Sec. 424. Effective date.

TITLE V—ASYLUM REFORM

Sec. 501. Penalties for frivolous applications.

Sec. 502. Asylum and work authorization.

Sec. 503. Resources to address asylum backlog.

Sec. 504. Reduction of incentive to delay proceedings.

Sec. 505. Partial revocation of Executive order.

TITLE VI—BORDER CROSSING USER FEE

Sec. 601. Imposition of fees.
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1 TITLE I—ILLEGAL IMMIGRATION

2 CONTROL AND ENFORCEMENT

3 PART A—EXPANDED BORDER PATROL, SUPPORT,

4 TRAINING, AND RESOURCES

5 SEC. 111. BORDER PATROL EXPANSION AND DEPLOYMENT.

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

7 in each of the fiscal years 1995, 1996, and 1997 shall

8 increase by no fewer than 700, and by an appropriate

9 amount the number of personnel needed to support, the

10 number of full-time, active-duty Border Patrol agents

11 within the Immigration and Naturalization Service above

12 the numbers of such agents hired in fiscal year 1994.

13 (b) DEPLOYMENT OF PERSONNEL.—The Attorney

14 General shall, to the maximum extent practicable, ensure

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

16 be deployed among the various Immigration and Natu17 ralization Service sectors in proportion to the level of ille18 gal intrusion measured in each sector during the preceding

19 fiscal year, and shall be actively engaged in (or in support

20 of) law enforcement activities related to the illegal crossing

21 of the United States’ borders.

22 SEC. 112. HIRING PREFERENCE FOR BILINGUAL BORDER

23 PATROL AGENTS.

24 The Attorney General shall, in hiring the Border Pa25 trol Agents specified in section 111(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. 113. 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. 114. TECHNOLOGY AND EQUIPMENT TRANSFER TO

8 THE DEPARTMENT OF JUSTICE.

9 In order to facilitate or improve the detection, inter10 diction, and reduction by the Immigration and Naturaliza11 tion Service of illegal immigration into the United States,

12 the Attorney General is authorized to acquire and utilize

13 any Federal equipment (including, but not limited to, fixed

14 wing aircraft, helicopters, four-wheel drive vehicles, se15 dans, night vision goggles, night vision scopes, and sensor

16 units) determined available for transfer to the Department

17 of Justice by any other agency of the Federal Government

18 upon request of the Attorney General.

19 PART B—EXPANDED BORDER INSPECTION

20 PERSONNEL, SUPPORT, AND FACILITIES

21 SEC. 121. ADDITIONAL LAND BORDER INSPECTORS.

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

23 undue delay in the thorough inspection of persons and ve24 hicles lawfully attempting to enter the United States, the

25 Attorney General and Secretary of the Treasury shall in-
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1 crease, by approximately equal numbers in each of the fis2 cal years 1995 and 1996, the number of full-time land

3 border inspectors assigned to active duty by the Immigra4 tion and Naturalization Service and the United States

5 Customs Service to a level adequate to assure full staffing

6 of all border crossing lanes now in use, under construction,

7 or whose construction has been authorized by Congress.

8 (b) DEPLOYMENT OF PERSONNEL.—The Attorney

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

10 maximum extent practicable, ensure that the personnel

11 hired pursuant to subsection (a) shall be deployed among

12 the various Immigration and Naturalization Service sec13 tors in proportion to the number of land border crossings

14 measured in each such sector during the preceding fiscal

15 year.

16 SEC. 122. IMPROVEMENT OF BORDER CROSSING INFRA17 STRUCTURE.

18 (a) IDENTIFICATION OF NECESSARY IMPROVE19 MENTS.—Not later than March 1, 1995, the Attorney

20 General shall, in consultation with the Secretary of the

21 Treasury, identify those physical improvements to the in22 frastructure of the international land borders of the

23 United States necessary to expedite the inspection of per24 sons and vehicles attempting to lawfully enter the United

25 States in accordance with existing policies and procedures
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1 of the Immigration and Naturalization Service, the United

2 States Customs Service, and the Drug Enforcement

3 Agency.

4 (b) IMPLEMENTATION OF RECOMMENDATIONS.—Not

5 later than March 1, 1995, the Attorney General shall

6 begin implementation of the projects (or securing any nec7 essary approval) for the physical improvements referred

8 to in subsection (a). Such improvements to the infrastruc9 ture of the land border of the United States shall be sub10 stantially completed and fully funded in those portions of

11 the country where the Attorney General, in consultation

12 with the Committees on the Judiciary of the House of

13 Representatives and the Senate, objectively determines the

14 need to be greatest before the Attorney General may obli15 gate funds for construction of any improvement otherwise

16 located.

17 PART C—DETENTION AND DEPORTATION

18 SEC. 131. ENHANCING PENALTIES FOR FAILING TO DE19 PART, OR REENTERING, AFTER FINAL ORDER

20 OF DEPORTATION.

21 (a) FAILURE TO DEPART.—Section 242(e) of the

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

23 amended—

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

25 of any of the classes described in paragraph (2), (3),
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1 or (4) of section 241(a)’’ the first time it appears

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

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

4 and

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

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

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

8 member of any of the classes described in paragraph

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

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

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

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

13 (1) in paragraph (1)—

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

15 following: ‘‘three or more misdemeanors involv16 ing drugs, crimes against the person, or both,

17 or’’; and

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

19 (2) in paragraph (2), by striking ‘‘15’’ and in20 serting ‘‘20’’, and

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

22 ‘‘For the purposes of this subsection, the term ‘deporta23 tion’ includes any agreement in which an alien stipulates

24 to deportation during a criminal trial under either Federal

25 or State law.’’.
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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 (d) EFFECTIVE DATE.—The amendments made by

18 subsections (a) and (b) shall apply with respect to offenses

19 occurring after the date of enactment of this Act.

20 SEC. 132. CIVIL PENALTIES FOR FAILURE TO DEPART.

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

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

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

24 follows:
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1 ‘‘PENALTIES FOR DOCUMENT FRAUD, FAILURE TO

2 DEPART, AND FAILURE TO PRESENT DOCUMENTS’’;

3 (2) in subsection (a)—

4 (A) by striking ‘‘or’’ at the end of para5 graph (3);

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

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

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

9 paragraph:

10 ‘‘(5) if such person is an alien—

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

12 United States by the date that final,

13 unappealable orders of exclusion and deporta14 tion or deportation become effective against

15 such person; or

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

17 the United States by the date granted by the

18 Attorney General in lieu of a final,

19 unappealable order of deportation,’’;

20 (3) in subsection (c), by inserting before the pe21 riod the following: ‘‘or in section 237 or section 242

22 of this Act’’;

23 (4) in subsection (d)(3)—

24 (A) by striking ‘‘or’’ at the end of subpara25 graph (A);
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1 (B) by striking the period at the end of

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

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

4 subparagraph:

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

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

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

8 subsection:

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

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

11 any order of exclusion and deportation or deportation is12 sued by the Attorney General that has not been adminis13 tratively or judicially appealed within the deadlines estab14 lished by this Act or regulations thereunder, or any such

15 order the judicial appeal of which has been denied, and

16 which denial has become final.’’.

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

18 The table of contents for the Immigration and Nationality

19 Act is amended by amending the item relating to section

20 274C to read as follows:

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

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

22 subsection (a) shall apply to violations occurring after the

23 date of enactment of this Act.
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1 SEC. 133. FORM OF DEPORTATION HEARINGS.

2 The second sentence of section 242(b) of the Immi3 gration and Nationality Act (8 U.S.C. 1252(b)) is amend4 ed by inserting before the period the following: ‘‘, except

5 that nothing in this sentence precludes the Attorney Gen6 eral from authorizing proceedings by electronic or tele7 phonic media (with the consent of the alien) or, where

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

9 alien’’.

10 SEC. 134. INTERIOR REPATRIATION AND MULTIPLE RE11 ENTRY DETERRENCE PILOT PROGRAM.

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

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

14 after consultation with the Secretary of State, shall estab15 lish a pilot program in the San Diego sector of the Immi16 gration and Naturalization Service for up to 2 years to

17 test the effectiveness of interior repatriation in deterring

18 multiple unauthorized entries by aliens into the United

19 States.

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

21 date of enactment of this Act, the Attorney General, to22 gether with the Secretary of State, shall include a section

23 in the annual report required by section 148 of this Act

24 on the operation of the pilot program established by this

25 section. Such report shall include a recommendation as to
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1 whether the pilot program or any part thereof should be

2 extended or made permanent.

3 SEC. 135. JUDICIAL REVIEW.

4 (a) IN GENERAL.—Section 106(a) of such Act (8

5 U.S.C. 1105a(a)) is amended by amending paragraph (1)

6 to read as follows:

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

8 later than 45 days after the date of the issuance of

9 the final deportation order, or, in the case of an

10 alien convicted of an aggravated felony, not later

11 than 15 days after the issuance of such order;

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

13 later than 40 days after the date on which the ad14 ministrative record is available, and may serve and

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

16 of the brief of the Attorney General, except that the

17 court may extend these deadlines upon motion for

18 good cause shown; and

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

20 time provided in this paragraph, the Attorney Gen21 eral may move to dismiss the appeal, and the court

22 shall grant such motion unless a manifest injustice

23 would result;’’.
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1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) shall apply to appeals taken after the date

3 of enactment of this Act.

4 SEC. 136. COMMUNICATIONS BETWEEN FEDERALLY FUND5 ED GOVERNMENT AGENCIES AND THE IMMI6 GRATION AND NATURALIZATION SERVICE.

7 Notwithstanding any other provision of law, no Fed8 eral, State, or local government entity receiving Federal

9 funds shall be prohibited or in any way restricted from

10 confidentially communicating with the Immigration and

11 Naturalization Service regarding the immigration status,

12 legal or illegal, of an alien in the United States.

13 PART D—ENHANCED CRIMINAL ALIEN

14 DEPORTATION AND TRANSFER

15 SEC. 141. EXPANSION IN DEFINITION OF ‘‘AGGRAVATED

16 FELONY’’.

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

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

19 1101(a)(43)) is amended to read as follows:

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

21 ‘‘(A) murder;

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

23 substance (as defined in section 102 of the Con24 trolled Substances Act), including any drug traffick-
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1 ing crime as defined in section 924(c) of title 18,

2 United States Code;

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

4 destructive devices as defined in section 921 of title

5 18, United States Code, or in explosive materials as

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

7 Code;

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

9 of title 18, United States Code (relating to launder10 ing of monetary instruments) or (ii) section 1957 of

11 such title (relating to engaging in monetary trans12 actions in property derived from specific unlawful

13 activity) if the value of the monetary instruments or

14 property exceeds $100,000;

15 ‘‘(E) any offense described in—

16 ‘‘(i) subsections (h) or (i) of section 842,

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

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

19 United States Code (relating to explosive mate20 rials offenses);

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

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

23 922(n), section 922(o), section 922(p), section

24 922(r), section 924(b), or section 924(h) of title
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1 18, United States Code (relating to firearms of2 fenses); or

3 ‘‘(iii) section 5861 of the Internal Revenue

4 Code of 1986 (relating to firearms offenses);

5 ‘‘(F) any crime of violence (as defined in sec6 tion 16 of title 18, United States Code, not includ7 ing a purely political offense) which is punishable by

8 imprisonment for 5 years or more;

9 ‘‘(G) any theft offense (including receipt of sto10 len property) or any burglary offense, in which the

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

12 and which is punishable by imprisonment for 5 years

13 or more;

14 ‘‘(H) any offense described in section 875, sec15 tion 876, section 877, or section 1202 of title 18,

16 United States Code (relating to the demand for or

17 receipt of ransom);

18 ‘‘(I) any offense described in section 2251, sec19 tion 2251A or section 2252 of title 18, United

20 States Code (relating to child pornography);

21 ‘‘(J) any offense described in—

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

23 Code (relating to racketeer influenced corrupt

24 organizations); or
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1 ‘‘(ii) section 1084 (if it is a second or sub2 sequent offense) or section 1955 of such title

3 (relating to gambling offenses),

4 which is punishable by imprisonment for 5 years or

5 more;

6 ‘‘(K) any offense relating to commercial brib7 ery, counterfeiting, forgery or trafficking in vehicles

8 whose identification numbers have been altered,

9 which is punishable by imprisonment for 5 years or

10 more;

11 ‘‘(L) any offense that—

12 ‘‘(i) relates to the owning, controlling,

13 managing or supervising of a prostitution busi14 ness;

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

16 2422, or section 2423 of title 18, United States

17 Code (relating to transportation for the purpose

18 of prostitution) for commercial advantage; or

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

20 1583, 1584, 1585, or section 1588, of title 18,

21 United States Code (relating to peonage, slav22 ery, and involuntary servitude);

23 ‘‘(M) any offense relating to perjury or sub24 ornation of perjury which is punishable by imprison25 ment for 5 years or more;
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1 ‘‘(N) any offense described in—

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

3 transmitting national defense information), sec4 tion 798 (relating to disclosure of classified in5 formation), section 2153 (relating to sabotage)

6 or section 2381 or section 2382 (relating to

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

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

9 Act of 1947 (50 U.S.C. 421) (relating to pro10 tecting the identity of undercover intelligence

11 agents);

12 ‘‘(O) any offense that—

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

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

15 or

16 ‘‘(ii) is described in section 7201 of the In17 ternal Revenue Code of 1986 (relating to tax

18 evasion), in which the revenue loss to the Gov19 ernment exceeds $200,000;

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

21 of the Immigration and Nationality Act (relating to

22 alien smuggling) for the purpose of commercial ad23 vantage;

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

25 of title 18, United States Code (relating to docu-
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1 ment fraud), for the purpose of commercial advan2 tage;

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

4 before a court pursuant to a court order to answer

5 to or dispose of a charge of a felony, which is pun6 ishable by imprisonment for 2 years or more; or

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

8 offense described in this paragraph.

9 The term ‘aggravated felony’ applies to offenses described

10 in this paragraph whether in violation of Federal or State

11 law and applies to such offenses in violation of the laws

12 of a foreign country for which the term of imprisonment

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

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

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

16 after the date of enactment of this Act.

17 SEC. 142. DEPORTATION PROCEDURES FOR CERTAIN

18 CRIMINAL ALIENS WHO ARE NOT PERMA19 NENT RESIDENTS.

20 (a) TECHNICAL AND CONFORMING CHANGES.—Sec21 tion 242A of the Immigration and Nationality Act (8

22 U.S.C. 1252a) is amended—

23 (1) in subsection (a)—

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

25 inserting the following:
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1 ‘‘(b) DEPORTATION OF PERMANENT RESIDENT

2 ALIENS.—

3 ‘‘(1) IN GENERAL.—’’; and

4 (B) by inserting in the first sentence ‘‘per5 manent resident’’ after ‘‘correctional facilities

6 for’’;

7 (2) in subsection (b)—

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

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

10 (B) by striking ‘‘respect to an’’ and insert11 ing ‘‘respect to a permanent resident’’;

12 (3) by striking subsection (c);

13 (4) in subsection (d)—

14 (A) by striking ‘‘(d) EXPEDITED PRO15 CEEDINGS.—(1)’’ and inserting ‘‘(3) EXPE16 DITED PROCEEDINGS.—(A)’’;

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

18 after ‘‘in the case of any’’; and

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

20 (5) in subsection (e)—

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

22 inserting ‘‘(4) REVIEW.—(A)’’;

23 (B) by striking the second sentence; and

24 (C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’.
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1 (6) by inserting after the section heading the

2 following new subsection:

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

4 convicted of an aggravated felony shall be conclusively pre5 sumed to be deportable from the United States.’’; and

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

7 follows:

8 ‘‘EXPEDITED DEPORTATION OF ALIENS CONVICTED OF

9 AGGRAVATED FELONIES’’.

10 (b) ELIMINATION OF ADMINISTRATIVE HEARING FOR

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

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

14 end the following:

15 ‘‘(c) DEPORTATION OF ALIENS WHO ARE NOT PER16 MANENT RESIDENTS.—(1) Notwithstanding section 242,

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

18 issue a final order of deportation against any alien de19 scribed in paragraph (2) whom the Attorney General de20 termines to be deportable under section 241(a)(2)(A)(iii)

21 (relating to conviction of an aggravated felony).

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

23 the alien—

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

25 residence at the time that proceedings under this

26 section commenced, or
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1 ‘‘(B) had permanent resident status on a condi2 tional basis (as described in section 216) at the time

3 that proceedings under this section commenced.

4 ‘‘(3) No alien described in paragraph (2) shall be eli5 gible for any relief from deportation that may be granted

6 in the discretion of the Attorney General.

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

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

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

10 alien, in order to permit the alien an opportunity to apply

11 for judicial review under section 106.’’.

12 (c) LIMITED JUDICIAL REVIEW.—Section 106 of the

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

14 amended—

15 (1) in the first sentence of subsection (a), by in16 serting ‘‘or pursuant to section 242A(c)’’ after

17 ‘‘under section 242(b)’’;

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

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

20 242A(c))’’ after ‘‘aggravated felony’’; and

21 (3) by adding at the end the following new sub22 section:

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

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

25 corpus on behalf of an alien described in section 242A(f)
24

•S 2197 IS

1 except to determine whether the alien is in fact an alien,

2 and the individual alien, described in such section.’’.

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

4 table of contents of the Immigration and Nationality Act

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

6 to read as follows:

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

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

8 this section shall apply to all aliens against whom deporta9 tion proceedings are initiated after the date of enactment

10 of this Act.

11 SEC. 143. JUDICIAL DEPORTATION.

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

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

14 amended by section 142 of this Act, is further amended

15 by adding at the end the following new subsection:

16 ‘‘(d) JUDICIAL DEPORTATION.—

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

18 provision of this Act, a United States district court

19 shall have jurisdiction to enter a judicial order of de20 portation at the time of sentencing against an alien

21 whose criminal conviction causes such alien to be

22 conclusively presumed to be deportable under section

23 241(a)(2)(A)(iii) (relating to conviction of an aggra24 vated felony), but only if such an order has been re-
25

•S 2197 IS

1 quested prior to sentencing by the United States At2 torney with the concurrence of the Commissioner.

3 ‘‘(2) PROCEDURE.—(A) The United States At4 torney shall provide notice of intent to request judi5 cial deportation promptly after the entry in the

6 record of an adjudication of guilt or guilty plea.

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

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

9 Commissioner.

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

11 States Attorney, with the concurrence of the Com12 missioner, shall file at least 20 days prior to the

13 date set for sentencing a charge containing factual

14 allegations regarding the alienage of the defendant

15 and satisfaction by the defendant of the definition of

16 aggravated felony.

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

18 has presented substantial evidence to establish prima

19 facie eligibility for relief from deportation under sec20 tion 212(c), the Attorney General shall provide the

21 court with a recommendation and report regarding

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

23 The court shall either grant or deny the relief

24 sought.
26

•S 2197 IS

1 ‘‘(D)(i) The alien shall have a reasonable oppor2 tunity to examine the evidence against him or her,

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

4 cross-examine witnesses presented by the Govern5 ment.

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

7 whether to enter an order described in paragraph

8 (1), shall only consider evidence that would be ad9 missible in proceedings conducted pursuant to sec10 tion 242(b).

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

12 information a court of the United States may receive

13 or consider for the purposes of imposing an appro14 priate sentence.

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

16 the Attorney General demonstrates by clear and con17 vincing evidence that the alien is deportable under

18 this Act.

19 ‘‘(3) NOTICE, APPEAL, AND EXECUTION OF JU20 DICIAL ORDER OF DEPORTATION.—(A)(i) A judicial

21 order of deportation or denial of such order may be

22 appealed by either party to the court of appeals for

23 the circuit in which the district court is located.
27

•S 2197 IS

1 ‘‘(ii) Except as provided in clause (iii), such ap2 peal shall be considered consistent with the require3 ments described in section 106.

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

5 valid waiver of the right to appeal the conviction on

6 which the order of deportation is based, the expira7 tion of the period described in section 106(a)(1), or

8 the final dismissal of an appeal from such convic9 tion, the order of deportation shall become final and

10 shall be executed at the end of the prison term to

11 which the defendant is sentenced in accordance with

12 the term of the order.

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

14 judicial order of deportation, the Attorney General

15 shall provide the defendant with written notice of

16 the order or deportation, which shall designate the

17 country to which the defendant chooses to be de18 ported and any alternate country selected pursuant

19 to section 243(a).

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

21 request for a judicial order of deportation shall not

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

24 same ground of deportability or upon any other
28

•S 2197 IS

1 ground of deportability provided under section

2 241(a).’’.

3 (b) TECHNICAL AMENDMENT.—The ninth sentence

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

5 (8 U.S.C. 1252(b)) is amended by striking ‘‘The’’ and in6 serting ‘‘Except as provided in section 242A(c) and

7 242A(d), the’’.

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

9 this section shall apply to all aliens whose adjudication of

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

11 of enactment of this Act.

12 SEC. 144. RESTRICTING DEFENSES TO DEPORTATION FOR

13 CERTAIN CRIMINAL ALIENS.

14 (a) DEFENSES BASED ON SEVEN YEARS OF PERMA15 NENT RESIDENCE.—The last sentence of section 212(c)

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

17 1182(c)) is amended by striking ‘‘has served for such fel18 ony or felonies’’ and all that follows through the period

19 and inserting ‘‘has been sentenced for such felony or felo20 nies to a term or terms of imprisonment of at least 5

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

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

23 (b) WITHHOLDING OF DEPORTATION DEFENSE.—

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

25 (8 U.S.C. 1253(h)(2)) is amended—
29

•S 2197 IS

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

2 (C);

3 (2) by striking the period at the end of sub4 paragraph (D) and inserting ‘‘; or’’; and

5 (3) by adding at the end the following new sub6 paragraph:

7 ‘‘(E) the alien has been convicted of an ag8 gravated felony.’’.

9 SEC. 145. CONSTRUCTION OF EXPEDITED DEPORTATION

10 REQUIREMENTS.

11 No amendment made by this title, and nothing in sec12 tion 242(i) of the Immigration and Nationality Act (8

13 U.S.C. 1252(i)), may be construed to create any sub14 stantive or procedural right or benefit that is legally en15 forceable by any party against the United States, its agen16 cies or officers, or against any other person.

17 SEC. 146. NEGOTIATIONS FOR INTERNATIONAL AGREE18 MENTS.

19 (a) NEGOTIATIONS WITH OTHER COUNTRIES.—The

20 Secretary of State, together with the Attorney General,

21 may enter into an agreement with any foreign country pro22 viding for the incarceration in that country of any individ23 ual who—

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

25 (2) is an alien who—
30

•S 2197 IS

1 (A) is not in lawful immigration status in

2 the United States, or

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

4 offense under Federal or State law, or on any

5 other basis, is subject to deportation under the

6 Immigration and Nationality Act,

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

8 was sentenced for the offense referred to in subparagraph

9 (B). Any such agreement may provide for the release of

10 such individual pursuant to parole procedures of that

11 country.

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

13 Secretary of State should give priority to concluding an

14 agreement with any country for which the President deter15 mines that the number of individuals described in sub16 section (a) who are nationals of that country in the United

17 States represents a significant percentage of all such indi18 viduals in the United States.

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated such sums as may be

21 necessary to carry out this section.

22 SEC. 147. DENIAL OF DISCRETIONARY RELIEF TO ALIENS

23 CONVICTED OF AGGRAVATED FELONIES.

24 (a) INELIGIBILITY FOR SUSPENSION OF DEPORTA25 TION.—Section 244 of the Immigration and Nationality
31

•S 2197 IS

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

2 following new subsection:

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

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

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

6 (b) APPLICATION OF EXCLUSION FOR DRUG OF7 FENSES.—Section 212(h) of the Immigration and Nation8 ality Act (8 U.S.C. 1182(h)) is amended in the second

9 sentence by inserting ‘‘or any other aggravated felony’’

10 after ‘‘torture’’.

11 (c) ADJUSTMENT OF STATUS; CHANGE OF NON12 IMMIGRANT CLASSIFICATION.—(1) Section 245(c) of the

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

14 amended—

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

16 212(d)(4)(C)’’; and

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

18 convicted of an aggravated felony’’ immediately after

19 ‘‘section 217’’.

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

21 amended—

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

23 (3);

24 (B) by striking the period at the end of para25 graph (4) and inserting ‘‘; and’’; and
32

•S 2197 IS

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

2 paragraph:

3 ‘‘(5) an alien convicted of an aggravated fel4 ony.’’.

5 SEC. 148. ANNUAL REPORT.

6 Not later than 12 months after the date of enactment

7 of this Act, and annually thereafter, the Attorney General

8 shall submit to the Committees on the Judiciary of the

9 House of Representatives and of the Senate a report de10 tailing—

11 (1) the number of illegal aliens incarcerated in

12 Federal and State prisons for having committed felo13 nies;

14 (2) programs and plans underway in the De15 partment of Justice to ensure the prompt removal

16 from the United States of criminal aliens subject to

17 exclusion or deportation; and

18 (3) methods for identifying and preventing the

19 unlawful reentry of aliens who have been convicted

20 of criminal offenses in the United States and re21 moved from the United States.

22 SEC. 149. USE OF LEGALIZATION INFORMATION FOR CRIMI23 NAL PROSECUTION PURPOSES.

24 (a) CONFIDENTIALITY OF INFORMATION.—Section

25 245A(c)(5)(C) (8 U.S.C. 1255a(c)(5)(C)) is amended by
33

•S 2197 IS

1 amending the text after subparagraph (C) to read as

2 follows:

3 ‘‘except that the Attorney General shall provide informa4 tion furnished under this section when such information

5 is requested in writing by a duly recognized law enforce6 ment entity in connection with a criminal investigation or

7 prosecution, or to an official coroner for purposes of af8 firmatively identifying a deceased individual, whether or

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

10 the Attorney General may provide, in the Attorney Gen11 eral’s discretion, for the furnishing of information fur12 nished under this section in the same manner and cir13 cumstances as census information may be disclosed by the

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

15 States Code. Anyone who uses, publishes, or permits infor16 mation to be examined in violation of this paragraph shall

17 be fined in accordance with title 18, United States Code,

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

19 (b) SPECIAL AGRICULTURAL WORKERS.—Section

20 210(b)(6)(C) (8 U.S.C. 1160(b)(6)(C)) is amended—

21 (1) by striking the period at the end of sub22 paragraph (C) and inserting a comma; and

23 (2) by adding in full measure margin after sub24 paragraph (C) the following: ‘‘except that the Attor25 ney General shall provide information furnished
34

•S 2197 IS

1 under this section when such information is re2 quested in writing by a duly recognized law enforce3 ment entity in connection with a criminal investiga4 tion or prosecution, or to an official coroner for pur5 poses of affirmatively identifying a deceased individ6 ual, whether or not such individual is deceased as a

7 result of a crime.’’.

8 (c) EFFECTIVE DATE.—The criminal penalty added

9 by subsection (a) shall apply to offenses occurring after

10 the date of enactment of this Act.

11 TITLE II—ILLEGAL IMMIGRA12 TION INCENTIVE REDUCTION

13 PART A—PUBLIC BENEFITS CONTROL

14 SEC. 211. INELIGIBILITY FOR CERTAIN DIRECT FEDERAL

15 BENEFITS.

16 (a) DIRECT FINANCIAL ASSISTANCE OR BENE17 FITS.—

18 (1) IN GENERAL.—Notwithstanding any other

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

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

21 direct financial assistance or benefits under any

22 Federal program, except—

23 (A) emergency medical services under title

24 XIX of the Social Security Act,

25 (B) short-term emergency disaster relief,
35

•S 2197 IS

1 (C) assistance or benefits under the Na2 tional School Lunch Act,

3 (D) assistance or benefits under the Child

4 Nutrition Act of 1966, and

5 (E) public health assistance for immuniza6 tions with respect to immunizable diseases and

7 for testing and treatment for communicable dis8 eases.

9 (2) NOTIFICATION OF ALIENS.—The Federal

10 agency administering a program referred to in para11 graph (1) shall, directly or through the States, no12 tify any unlawful alien who is receiving benefits

13 under the program on the date of the enactment of

14 this Act and whose eligibility for the program is ter15 minated by reason of this subsection.

16 (b) UNEMPLOYMENT BENEFITS.—

17 (1) IN GENERAL.—Notwithstanding any other

18 provision of law, an alien shall not be eligible to re19 ceive any portion of unemployment benefits payable

20 out of Federal funds.

21 (2) LIMITED EXCEPTION FOR LAWFUL

22 ALIENS.—Paragraph (1) shall not apply to any law23 ful alien (as defined in subsection (d)(1)) who has

24 been granted employment authorization pursuant to
36

•S 2197 IS

1 Federal law if the unemployment benefits are attrib2 utable to the authorized employment.

3 (c) HOUSING ASSISTANCE PROGRAMS.—Not later

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

5 the Secretary of Housing and Urban Development shall

6 submit a report to the Committees on the Judiciary of

7 the Senate and House of Representatives, the Committee

8 on Banking, Housing, and Urban Affairs of the Senate,

9 and the Committee on Banking, Finance and Urban Af10 fairs of the House of Representatives describing the man11 ner in which the Secretary is enforcing section 214 of the

12 Housing and Community Development Act of 1980 and

13 containing statistics with respect to the number of individ14 uals denied financial assistance under such section.

15 (d) DEFINITIONS.—For the purposes of this sec16 tion—

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

18 means an individual who is

19 (A) an alien lawfully admitted to the Unit20 ed States for permanent residence,

21 (B) an asylee,

22 (C) a refugee,

23 (D) an alien whose deportation has been

24 withheld under section 243(h) of the Immigra25 tion and Nationality Act,
37

•S 2197 IS

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

2 period of 1 year or more, or

3 (F) a Chinese national described in section

4 2(b) of the Chinese Student Protection Act of

5 1992 (Public Law 102–404) who, as of the date

6 of enactment of this Act, has applied for adjust7 ment of status in accordance with Public Law

8 102–404.

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

10 alien’’ means an individual who is not—

11 (A) a United States citizen; or

12 (B) a lawful alien.

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

14 shall apply to benefits received after the date of the enact15 ment of this Act.

16 SEC. 212. LIMITS ON BENEFITS TO SPONSORED IMMI17 GRANTS.

18 (a) IN GENERAL.—Notwithstanding any other provi19 sion of law, in determining eligibility for, and the amount

20 of direct financial benefits of, a lawful sponsored alien

21 under Federal benefit programs such as Aid to Families

22 with Dependent Children, Supplemental Security Income,

23 and Food Stamps, the income and resources of the alien

24 shall include—
38

•S 2197 IS

1 (1) the income and resources of any person

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

3 United States, entered into a binding contract of

4 support with respect to such alien, and

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

6 spouse.

7 The preceding sentence shall apply until such time as the

8 sponsored alien achieves United States citizenship.

9 (b) EXTENUATING CIRCUMSTANCES.—The income

10 and resources of the sponsor and his or her spouse shall

11 no longer be included in determining the eligibility of a

12 sponsored lawful alien for Federal benefits when—

13 (1) the sponsor becomes impoverished, bank14 rupt, or dies, or

15 (2) the sponsored lawful immigrant becomes

16 blind or disabled after entry into the United States.

17 (c) EXEMPTIONS.—For the purposes of this section,

18 the following groups of lawful sponsored immigrants and

19 Federal benefit programs are exempted:

20 (1) Refugees, asylees, and other lawful aliens

21 who are not sponsored.

22 (2) Public education, Medicaid, child nutrition,

23 child immunization, and other public health pro24 grams.
39

•S 2197 IS

1 (d) PROSPECTIVE EFFECT.—This section shall only

2 affect initial applications for Federal benefits that are re3 ceived after the effective date.

4 (e) EFFECTIVE DATE.—This section shall take effect

5 90 days after enactment of this Act.

6 SEC. 213. SPONSORSHIP ENHANCEMENT.

7 (a) If otherwise admissible, an alien who is excludable

8 under paragraph (4) of section 212(a) of the Immigration

9 and Nationality Act and has not given a suitable bond (as

10 described in the previous section 213 of the Immigration

11 and Naturalization Act [8 U.S.C. 1183]) can only be ad12 mitted when sponsored by an individual (hereafter re13 ferred to in this section as the alien’s ‘‘sponsor’’) entering

14 into a legally binding contract that guarantees financial

15 responsibility for the alien until he or she becomes a Unit16 ed States citizen.

17 (b) Such a contract with respect to the admission into

18 the United States of an alien under the Immigration and

19 Naturalization Act shall provide—

20 (1) that the sponsor shall be liable for the costs

21 incurred by any Federal, State, or political subdivi22 sion of a State for general public cash assistance

23 provided to such alien; and
40

•S 2197 IS

1 (2) that this responsibility will continue until

2 the date on which the alien becomes a citizen of the

3 United States.

4 (c) In the case of cash benefits which are provided

5 to lawful sponsored immigrants who are ineligible for pub6 lic assistance under section 212 of this Act, the binding

7 contract referred to in section 213(a) of this Act may be

8 enforced with respect to an alien against the alien’s spon9 sor in a civil suit brought by the Attorney General or a

10 State or political subdivision of a State in the United

11 States district court for the district in which the sponsor

12 resides for the recovery of the costs incurred by any Fed13 eral, State, or political subdivision of a State in providing

14 general cash public assistance provided to such alien for

15 which the sponsor agreed to be liable under such a con16 tract.

17 (d) The sponsor or the sponsor’s estate shall not be

18 liable if the sponsor dies, becomes impoverished due to un19 foreseen circumstances (as defined by eligibility for Fed20 eral assistance), or is adjudicated a bankrupt under title

21 11, United States Code.

22 (e) The requirements and powers of this section shall

23 apply only to initial sponsorship-based applications for

24 legal admission into the United States received after the

25 effective date of this section.
41

•S 2197 IS

1 (f) This provision shall take effect 90 days after the

2 date of enactment of this Act.

3 (g) The admitting agencies shall record the use of

4 sponsorship by immigrant applicants to meet the public

5 charge test for admission to the United States set forth

6 in paragraph (4) of section 212(a) of the Immigrating and

7 Naturalization Act.

8 SEC. 214. AUTHORITY TO STATES AND LOCALITIES TO

9 LIMIT ASSISTANCE TO ALIENS AND TO DIS10 TINGUISH AMONG CLASSES OF ALIENS IN

11 PROVIDING GENERAL PUBLIC ASSISTANCE.

12 (a) IN GENERAL.—Subject to subsection (b) and not13 withstanding any other provision of law, a State or local

14 government may prohibit or otherwise limit or restrict the

15 eligibility of aliens or classes of aliens for programs of gen16 eral cash public assistance furnished under the law of the

17 State or a political subdivision of a State.

18 (b) LIMITATION.—The authority under subsection (a)

19 may be exercised only to the extent that any prohibitions,

20 limitations, or restrictions are not inconsistent with the

21 eligibility requirements for comparable Federal programs

22 or are less restrictive. For the purposes of this section,

23 attribution to an alien of a sponsor’s income and resources

24 for purposes of determining the eligibility for and amount
42

•S 2197 IS

1 of benefits of an alien shall be considered less restrictive

2 than a prohibition of eligibility.

3 PART B—EMPLOYER SANCTIONS SUPPORT

4 SEC. 221. ADDITIONAL IMMIGRATION AND NATURALIZA5 TION SERVICE INVESTIGATORS.

6 (a) INVESTIGATORS.—The Attorney General is au7 thorized to hire for fiscal years 1995 and 1996 such addi8 tional investigators and staff as may be necessary to ag9 gressively enforce existing sanctions against employers

10 who employ workers in the United States illegally or who

11 are otherwise ineligible to work in this country.

12 (b) LIMITATION ON OVERTIME.—None of the funds

13 made available to the Immigration and Naturalization

14 Service under this section shall be available for adminis15 trative expenses to pay any employee overtime pay in an

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

17 PART C—ENHANCED WAGE AND HOUR LAWS

18 SEC. 231. INCREASED PERSONNEL LEVELS FOR THE LABOR

19 DEPARTMENT.

20 (a) INVESTIGATORS.—The Secretary of Labor, in

21 consultation with the Attorney General, is authorized to

22 hire in the Wage and Hour Division of the Department

23 of Labor for fiscal years 1995 and 1996 such additional

24 investigators and staff as may be necessary to aggressively
43

•S 2197 IS

1 enforce existing legal sanctions against employers who vio2 late current Federal wage and hour laws.

3 (b) ASSIGNMENT OF ADDITIONAL PERSONNEL.—In4 dividuals employed to fill the additional positions described

5 in subsection (a) shall be assigned to investigate violations

6 of wage and hour laws in areas where the Attorney Gen7 eral has notified the Secretary of Labor that there are

8 high concentrations of aliens present in the United States

9 in violation of law.

10 SEC. 232. INCREASED NUMBER OF ASSISTANT UNITED

11 STATES ATTORNEYS.

12 The Attorney General is authorized to hire for fiscal

13 years 1995 and 1996 such additional Assistant United

14 States Attorneys as may be necessary to prosecute actions

15 brought under this Act, or intended to directly further

16 Congress’ intention to preclude and deter illegal immigra17 tion.

18 PART D—AUTHORIZATION VERIFICATION

19 SEC. 241. WORK AUTHORIZATION VERIFICATION.

20 The Attorney General, together with the Secretary of

21 Health and Human Services, shall develop and implement

22 a counterfeit-resistant system to verify work eligibility and

23 federally-funded public assistance benefits eligibility for all

24 persons within the United States. If the system developed

25 includes a document (designed specifically for use for this
44

•S 2197 IS

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

2 identification card, and the document shall not be required

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

4 time of application for federally funded public assistance

5 benefits or to comply with employment eligibility verifica6 tion requirements.

7 TITLE III—ENHANCED SMUG8 GLING CONTROL AND PEN9 ALTIES

10 SEC. 301. INCREASED PENALTIES FOR ALIEN SMUGGLING.

11 Section 274(a) of the Immigration and Nationality

12 Act (8 U.S.C. 1324(a)) is amended—

13 (1) in paragraph (1)—

14 (A) by striking ‘‘or’’ at the end of subpara15 graph (C);

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

17 subparagraph (D) and all that follows through

18 the period and inserting ‘‘; or’’; and

19 (C) by adding at the end the following:

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

21 of the preceding acts, or aids or abets the commis22 sion of any of the preceding acts,

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

24 be imprisoned not less than 3 years nor more than 10
45

•S 2197 IS

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

2 of this paragraph occurs.’’; and

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

4 paragraphs:

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

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

7 a substantial risk of death or serious bodily harm shall

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

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

10 imprisonment imposed under that paragraph.

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

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

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

14 of death, or life imprisonment, subject to appropriate pro15 cedures under chapter 228 of title 18, United States

16 Code.’’.

17 SEC. 302. DEATH PENALTY PROCEDURES.

18 Title 18, United States Code, is amended by inserting

19 after chapter 227 the following new chapter:

20 ‘‘CHAPTER 228—DEATH PENALTY PROCE21 DURES RELATING TO SMUGGLING OF

22 ALIENS

‘‘Sec.

‘‘3591. Sentence of death relating to the smuggling of aliens.
46

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1 ‘‘§ 3591. Sentence of death relating to the smuggling

2 of aliens

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

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

5 imposed only if—

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

7 intentionally or knowingly, or caused the death of a

8 person through the intentional infliction of serious

9 bodily injury; and

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

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

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

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

14 (i), (j), (k), (l), (m), (n), (o), (p), (q), and (r)), ex15 cept that for the purposes of a violation of that law,

16 the references to ‘‘this section’’ in section 408(g)

17 and (h)(1) and ‘‘subsection (e)’’ in section 408(i)(1),

18 (j), (k) (each place it appears), and (p) of the Con19 trolled Substances Act shall be deemed to be ref20 erences to section 274(a)(4) of that Act. No rule of

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

22 an offense is committed, may be applied in deter23 mining whether a penalty of death shall be imposed

24 in a particular case, other than those procedures.

25 Those procedures supersede all other provisions of

26 law that pertain to whether a penalty of death shall
47

•S 2197 IS

1 be imposed in any particular case (not including the

2 authorization of the penalty itself).’’.

3 SEC. 303. SMUGGLING ALIENS FOR COMMISSION OF

4 CRIMES.

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

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

7 (1) in subparagraph (B)—

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

9 (ii);

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

11 (iv); and

12 (C) by inserting after clause (ii) the follow13 ing:

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

15 or with reason to believe that the alien unlaw16 fully brought into the United States will commit

17 an offense against the United States or any

18 State punishable by imprisonment for more

19 than 1 year, including violations of or at20 tempted violations of or aiding and abetting vio21 lations of or conspiring to violate the Controlled

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

23 against prostitution, importation of aliens for

24 immoral purposes, trafficking in firearms,

25 money laundering, gang activities, kidnapping
48

•S 2197 IS

1 or ransom demands, fraudulent documents, or

2 extortion, the smuggling of known or suspected

3 terrorists or persons involved in organized crime

4 if offenses against such laws are punishable by

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

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

7 and all that follows through the period and inserting

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

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

10 nor more than 10 years.’’.

11 SEC. 304. ADDING ALIEN SMUGGLING TO RICO.

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

13 amended—

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

15 States,’’;

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

17 and

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

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

20 or 1546 of this title for personal financial gain and

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

22 Nationality Act.’’.
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1 SEC. 305. EXPANDED FORFEITURE FOR SMUGGLING OR

2 HARBORING ILLEGAL ALIENS.

3 Section 274 of the Immigration and Nationality Act

4 (8 U.S.C. 1324(b)) is amended—

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

6 follows:

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

8 real or personal, which facilitates or is intended to facili9 tate, or which has been used in or is intended to be used

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

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

12 is derived from or traceable to the proceeds obtained di13 rectly or indirectly from a commission of a violation of

14 subsection (a) or of section 274A(a)(1) or 274A(a)(2),

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

16 ‘‘(A) no property, used by any person as a com17 mon carrier in the transaction of business as a com18 mon carrier shall be forfeited under the provisions of

19 this section unless it shall appear that the owner or

20 other person in charge of such property was a con21 senting party or privy to the illegal act;

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

23 provisions of this section by reason of any act or

24 omission established by the owner thereof to have

25 been committed or omitted by any person other than

26 such owner while such property was unlawfully in
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•S 2197 IS

1 the possession of a person other than the owner in

2 violation of the criminal laws of the United States

3 or of any State; and

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

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

6 by reason of any act or omission established by that

7 owner to have been committed or omitted without

8 the knowledge or consent of the owner, unless such

9 action or omission was committed by an employee or

10 agent of the owner, and facilitated or was intended

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

12 in, the commission of a violation of subsection (a) or

13 of section 274A(a)(1) or 274A(a)(2) which was com14 mitted by the owner or which was intended to fur15 ther the business interests of the owner, or to confer

16 any other benefit upon the owner.’’;

17 (2) in paragraph (2)—

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

19 appears and inserting ‘‘property’’; and

20 (B) by striking ‘‘is being used in’’ and in21 serting ‘‘is being used in, is facilitating, has fa22 cilitated, or was intended to facilitate’’;

23 (3) in paragraph (3)—

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

25 ‘‘(3)’’, and
51

•S 2197 IS

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

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

3 to this section, the Attorney General shall provide notice

4 and an opportunity to be heard to the owner of the prop5 erty. The Attorney General shall prescribe such regula6 tions as may be necessary to carry out this subpara7 graph.’’;

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

9 conveyance’’ and ‘‘conveyance’’ each place such

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

11 and

12 (5) in paragraph (4) by—

13 (A) striking ‘‘or’’ at the end of subpara14 graph (C),

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

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

17 (C) by inserting at the end the following

18 new subparagraph:

19 ‘‘(E) transfer custody and ownership of

20 forfeited property to any Federal, State, or

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

22 Tariff Act of 1930 (19 U.S.C. 1616a(c)).’’.
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1 SEC. 306. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN2 VESTIGATIONS.

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

4 amended—

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

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

7 section 1028 (relating to production of false identi8 fication documentation), section 1542 (relating to

9 false statements in passport applications), section

10 1546 (relating to fraud and misuse of visas, permits,

11 and other documents)’’;

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

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

14 (o) as paragraphs (n), (o), and (p), respectively; and

15 (4) by inserting after paragraph (l) the follow16 ing new paragraph:

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

18 Immigration and Nationality Act (relating to the smug19 gling of aliens);’’.

20 SEC. 307. EFFECTIVE DATE.

21 The amendments made by this title shall apply to of22 fenses occurring after the date of enactment of this Act.
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1 TITLE IV—ADMISSIONS AND

2 DOCUMENT FRAUD CONTROL

3 PART A—PORT OF ENTRY INSPECTIONS

4 SEC. 411. RESTRICTIONS ON ADMISSIONS FRAUD.

5 (a) EXCLUSION FOR FRAUDULENT DOCUMENTS OR

6 FAILURE TO PRESENT DOCUMENTS.—Section

7 212(a)(6)(C) of the Immigration and Nationality Act (8

8 U.S.C. 1182(a)(6)(C)) is amended—

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

10 inserting the following:

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

12 TO PRESENT DOCUMENTS’’; and

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

14 clause:

15 ‘‘(iii) FRAUD, MISREPRESENTATION, AND FAIL16 URE TO PRESENT DOCUMENTS.—

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

18 United States or boarding a common carrier for

19 the purpose of coming to the United States pre20 sents any document which, in the determination

21 of the immigration officer, is forged, counter22 feit, altered, falsely made, stolen, or inapplica23 ble to the person presenting the document, or

24 otherwise contains a misrepresentation of a ma25 terial fact, is excludable.
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1 ‘‘(II) Any alien who is required to present

2 a document relating to the alien’s eligibility to

3 enter the United States prior to boarding a

4 common carrier for the purpose of coming to

5 the United States and who fails to present such

6 document to an immigration officer upon arriv7 al at a port of entry into the United States is

8 excludable.’’.

9 (b) PROVISION FOR ASYLUM AND OTHER DISCRE10 TIONARY RELIEF.—(1) Section 208 of the Immigration

11 and Nationality Act (8 U.S.C. 1158) is amended by add12 ing at the end the following new subsection:

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

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

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

16 States, presents any document which, in the determination

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

18 or inapplicable to the person presenting the document, or

19 otherwise contains a misrepresentation of a material fact,

20 may not apply for or be granted asylum, unless presen21 tation of the document was pursuant to direct departure

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

23 persecution or of return to persecution.

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

25 boards a common carrier for the purpose of coming to the
55

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1 United States through the presentation of any document

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

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

4 document to an immigration officer upon arrival at a port

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

6 granted asylum, unless presentation of such document was

7 pursuant to direct departure from a country in which the

8 alien has a credible fear of persecution or of return to per9 secution.

10 ‘‘(3) Notwithstanding subsection (a), an alien de11 scribed in section 235(d)(3) may not apply for or be grant12 ed asylum, unless the person departed directly from a

13 country in which the alien has a credible fear of persecu14 tion or of return to persecution.

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

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

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

18 (2), or (3) to apply for asylum.

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

20 that an alien has sought entry under either of the cir21 cumstances described in paragraph (1) or (2) or is an

22 alien described in section 235(d)(3) and the alien has indi23 cated a desire to apply for asylum, the immigration officer

24 shall refer the matter to an asylum officer who shall inter25 view the alien to determine whether presentation of the
56

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1 document was pursuant to direct departure from a coun2 try in which the alien has a credible fear of persecution

3 or of return to persecution, or in the case of an alien de4 scribed in section 235(d)(3), whether the alien had directly

5 departed from such a country.

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

7 have a credible fear of persecution or of return to persecu8 tion in the country in which the alien was last present

9 prior to attempting entry into the United States or arriv10 ing in the United States or a port of entry under the cir11 cumstances described in section 235(d)(3), the alien may

12 be specially excluded and deported in accordance with sec13 tion 235(e).

14 ‘‘(C) The Attorney General shall provide by regula15 tion for the prompt supervisory review of a determination

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

17 credible fear of persecution or of return to persecution in

18 the country in which the alien was last present.

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

20 concerning the credible fear determination process de21 scribed in this paragraph to persons who may be eligible

22 for that process under the provisions of this subsection.

23 An alien who is eligible for a credible fear determination

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

25 or persons of his or her choosing prior to the credible fear
57

•S 2197 IS

1 determination process or any review thereof, according to

2 regulations prescribed by the Attorney General. Such con3 sultation shall be at no expense to the Government and

4 shall not unduly delay the process.

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

6 of persecution or of return to persecution’ means—

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

8 statements made by the alien in support of his or

9 her claim are true; and

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

11 would be returned to a country in which the alien

12 would have a credible fear of persecution.

13 ‘‘(7) As used in this subsection, the term ‘asylum offi14 cer’ means a person who—

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

16 conditions, asylum law, and interview techniques;

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

18 a position the primary responsibility of which is the

19 adjudication of asylum claims; and

20 ‘‘(C) is supervised by an officer who meets con21 ditions in subparagraphs (A) and (B).’’.

22 (2) Section 235 of the Immigration and Nationality

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

24 following new subsection:
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1 ‘‘(d)(1) Subject to paragraph (2), any alien who has

2 not been admitted to the United States, and who is exclud3 able under section 212(a)(6)(C)(iii), or who is an alien de4 scribed in paragraph (3), is ineligible for withholding of

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

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

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

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

9 shall be taken before a special inquiry officer for exclusion

10 proceedings in accordance with section 236 and may apply

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

12 course of such proceedings.

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

14 been found ineligible to apply for asylum under section

15 208(e) may be returned under the provisions of this sec16 tion only to a country in which he or she has no credible

17 fear of persecution or of return to persecution. If there

18 is no country to which the alien can be returned in accord19 ance with the provisions of this paragraph, the alien shall

20 be taken before a special inquiry officer for exclusion pro21 ceedings in accordance with section 236 and may apply

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

23 course of such proceedings.
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1 ‘‘(3) Any alien who is excludable under section

2 212(a), and who has been brought or escorted under the

3 authority of the United States—

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

5 board a vessel encountered seaward of the territorial

6 sea by officers of the United States, or

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

8 a vessel encountered within the territorial sea or in9 ternal waters of the United States,

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

11 person arrived or in such facilities as are designated by

12 the Attorney General or paroled in the discretion of the

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

14 accomplishment of the purpose for which the person was

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

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

17 a public vessel of the United States without the concur18 rence of the head of the department under whose authority

19 the vessel is operating.’’.

20 (3) Section 237(a) of the Immigration and National21 ity Act (8 U.S.C. 1227(a)) is amended—

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

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

24 section 235(d)(2), deportation’’; and
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1 (B) in the first sentence of paragraph (2) by

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

3 235(d)(2), if’’.

4 SEC. 412. SPECIAL PORT OF ENTRY EXCLUSION FOR ADMIS5 SIONS FRAUD.

6 Section 235 of the Immigration and Nationality Act

7 (8 U.S.C. 1225), as amended by section 311(b)(2), is fur8 ther amended by adding at the end the following new sub9 section:

10 ‘‘(e)(1) Subject to paragraph (d)(2), any alien (in11 cluding an alien crewman) who—

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

13 officer or to the special inquiry officer during the ex14 amination before either of such officers to be exclud15 able under section 212(a)(6)(C)(iii) of the Immigra16 tion and Nationality Act may be ordered specially

17 excluded and deported by the Attorney General, ei18 ther by a special inquiry officer or otherwise; or

19 ‘‘(B) was brought to the United States pursu20 ant to subsection (d)(3) and who may appear to an

21 examining immigration officer to be excludable may

22 be ordered specially excluded and deported by the

23 Attorney General without any further inquiry, either

24 by a special inquiry officer or otherwise.
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1 ‘‘(2) Such special exclusion order is not subject to

2 administrative appeal, except that the Attorney General

3 shall provide by regulation for prompt review of such an

4 order against an applicant who claims to have been law5 fully admitted for permanent residence. A special exclu6 sion order entered in accordance with the provisions of

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

8 had been ordered excluded and deported pursuant to sec9 tion 236, except that judicial review of such an order shall

10 be available only under section 106.

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

12 requiring an inquiry before a special inquiry officer in the

13 case of an alien crewman.’’.

14 SEC. 413. JUDICIAL REVIEW.

15 (a) PRECLUSION OF JUDICIAL REVIEW.—Section

16 106 of the Immigration and Nationality Act (8 U.S.C.

17 1105a) is amended—

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

19 follows: ‘‘JUDICIAL REVIEW OF ORDERS OF DEPOR20 TATION AND EXCLUSION, AND SPECIAL EXCLUSION’’;

21 and

22 (2) by adding at the end the following new sub23 section:

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

25 and except as provided in this subsection, no court shall
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1 have jurisdiction to review any individual determination,

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

3 relating to the implementation or operation of sections

4 208(e), 212(a)(6)(C)(iii), 235(d), and 235(e). Regardless

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

6 bringing the action, no court shall have jurisdiction or au7 thority to enter declaratory, injunctive, or other equitable

8 relief not specifically authorized in this subsection, nor to

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

10 Procedure.

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

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

13 be available in habeas corpus proceedings, and shall be

14 limited to determinations of—

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

16 petitioner makes a showing that his or her claim of

17 United States nationality is not frivolous;

18 ‘‘(B) whether the petitioner was ordered spe19 cially excluded; and

20 ‘‘(C) whether the petitioner can prove by a pre21 ponderance of the evidence that he or she is an alien

22 lawfully admitted for permanent residence and is en23 titled to such further inquiry as is prescribed by the

24 Attorney General pursuant to section 235(e)(2).
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1 ‘‘(3) In any case where the court determines that an

2 alien was not ordered specially excluded, or was not prop3 erly subject to special exclusion under the regulations

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

5 relief beyond requiring that the alien receive a hearing in

6 accordance with section 236, or a determination in accord7 ance with section 235(c) or 273(d). Any alien excludable

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

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

10 may thereafter obtain judicial review of any resulting final

11 order of exclusion pursuant to subsection (b).

12 ‘‘(4) In determining whether an alien has been or13 dered specially excluded, the court’s inquiry shall be lim14 ited to whether such an order was in fact issued and

15 whether it relates to the petitioner. There shall be no re16 view of whether the alien is actually excludable under sec17 tion 212(a)(6)(C)(iii) or entitled to any relief from exclu18 sion.’’.

19 (b) PRECLUSION OF COLLATERAL ATTACKS.—Sec20 tion 235 of the Immigration and Nationality Act (8 U.S.C.

21 1225), as amended by sections 311(b)(2) and 312, is fur22 ther amended by adding at the end the following new sub23 section:

24 ‘‘(f) In any action brought for the assessment of pen25 alties for improper entry or re-entry of an alien under sec-
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1 tions 275 and 276 of the Immigration and Nationality

2 Act, no court shall have jurisdiction to hear claims collat3 erally attacking the validity of orders of exclusion, special

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

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

6 SEC. 414. EFFECTIVE DATE.

7 The amendments made by this title shall be effective

8 upon the day after the date of enactment of this Act, and

9 shall apply to aliens who arrive in or seek admission to

10 the United States after such date. Notwithstanding any

11 other provision of law, the Attorney General may issue in12 terim final regulations to implement the provisions of such

13 amendments at any time after the date of enactment of

14 this Act, which regulations may become effective upon

15 publication without prior notice or opportunity for public

16 comment.

17 PART B—ENHANCED PENALTIES

18 SEC. 421. INCREASED PENALTIES FOR DOCUMENT FRAUD.

19 (a) FRAUD AND MISUSE OF IMMIGRATION DOCU20 MENTS.—Section 1546(a) of title 18, United States Code,

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

22 years’’.

23 (b) FRAUD AND MISUSE OF GOVERNMENT-ISSUED

24 IDENTIFICATION DOCUMENTS.—Section 1028(b)(1) of
65

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

2 years’’ and inserting ‘‘ten years’’.

3 (c) CHANGES TO THE SENTENCING LEVELS.—Pur4 suant to section 944 of title 28, United States Code, and

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

6 States Sentencing Commission shall promulgate guide7 lines, or amend existing guidelines, relating to defendants

8 convicted of violating, or conspiring to violate, sections

9 1546(a) and 1028(a) of title 18, United States Code. The

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

11 States Sentencing Guidelines shall be increased to—

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

13 involved 1,000 or more documents;

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

15 involved 2,000 or more documents, or if the docu16 ments were used to facilitate any other criminal ac17 tivity described in section 212(a)(2)(A)(i)(II) of the

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

19 1182(a)(A)(i)(II)) or in section 101(a)(43) of such

20 Act, as amended by this Act;

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

22 involved—

23 (A) the provision of documents to a person

24 known or suspected of engaging in a terrorist

25 activity (as such terms are defined in section
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1 212(a)(3)(B) of the Immigration and National2 ity Act (8 U.S.C. 1182(a)(3)(B));

3 (B) the provision of documents to facilitate

4 a terrorist activity or to assist a person to en5 gage in terrorist activity (as such terms are de6 fined in section 212(a)(3)(B) of the Immigra7 tion and Nationality Act (8 U.S.C.

8 1182(a)(3)(B)); or

9 (C) the provision of documents to persons

10 involved in racketeering enterprises (as such

11 acts or activities are defined in section 1952 of

12 title 18, United States Code).

13 SEC. 422. PENALTIES FOR FAILURE TO DISCLOSE ROLE AS

14 PREPARER OF FRAUDULENT DOCUMENTS.

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

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

17 is amended—

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

19 (3);

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

21 at the end of paragraph (4); and

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

23 paragraph:

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

25 information is false or does not relate to the appli-
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1 cant, to prepare, to file, or to assist another in pre2 paring or filing, documents which are falsely made

3 (including but not limited to documents which con4 tain false information, contain material misrepresen5 tations, or information which does not relate to the

6 applicant) for the purpose of satisfying a require7 ment of this Act.’’.

8 (b) CONFORMING AMENDMENTS FOR CIVIL PEN9 ALTIES.—Section 274C(d)(3) of the Immigration and Na10 tionality Act (8 U.S.C. 1324c(d)(3)) is amended by strik11 ing ‘‘each document used, accepted, or created and each

12 instance of use, acceptance, or creation’’ each of the two

13 places it appears and inserting ‘‘each instance of a viola14 tion under subsection (a)’’.

15 (c) CRIMINAL PENALTIES FOR FAILURE TO DIS16 CLOSE ROLE AS DOCUMENT PREPARER.—Section 274C

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

18 is amended by adding at the end the following new sub19 section:

20 ‘‘(e) CRIMINAL PENALTIES FOR FAILURE TO DIS21 CLOSE ROLE AS DOCUMENT PREPARER.—(1) Whoever, in

22 any matter within the jurisdiction of the Service under

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

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

25 on behalf of any person and for a fee or other remunera-
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1 tion, prepared or assisted in preparing an application

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

3 for immigration benefits pursuant to section 208 of this

4 Act, or the regulations promulgated thereunder, shall be

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

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

7 2 nor more than 5 years, or both, and prohibited from

8 preparing or assisting in preparing, regardless of whether

9 for a fee or other remuneration, any other such applica10 tion.

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

12 of paragraph (1), knowingly and willfully prepares or as13 sists in preparing an application for immigration benefits

14 pursuant to this Act, or the regulations promulgated

15 thereunder, regardless of whether for a fee or other remu16 neration, shall be guilty of a felony and shall be fined in

17 accordance with title 18, United States Code, imprisoned

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

19 and prohibited from preparing or assisting in preparing

20 any other such application.’’.

21 SEC. 423. CIVIL PENALTIES FOR FRAUD, MISREPRESENTA22 TION, AND FAILURE TO PRESENT DOCU23 MENTS.

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

25 section 412 of this Act, is further amended—
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1 (1) by striking ‘‘or’’ at the end of paragraph

2 (4);

3 (2) by striking the period at the end of para4 graph (5) and inserting ‘‘; or’’; and

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

6 paragraph:

7 ‘‘(6) to present before boarding a common car8 rier for the purpose of coming to the United States

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

10 enter the United States and to fail to present such

11 document to an immigration officer upon arrival at

12 a United States port of entry.

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

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

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

16 asylum under section 208 or withholding of deportation

17 under section 243(h).’’.

18 SEC. 424. EFFECTIVE DATE.

19 The amendments made by this title shall apply to of20 fenses or violations occurring after the date of enactment

21 of this Act.

22 TITLE V—ASYLUM REFORM

23 SEC. 501. PENALTIES FOR FRIVOLOUS APPLICATIONS.

24 (a) CIVIL PENALTIES.—
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1 (1) PROHIBITED ACTIVITIES.—Section 274C of

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

3 1324c), as amended by sections 412 and 413 of this

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

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

6 purposes of this subsection, the phrase ‘falsely make

7 any document’ includes the preparation or provision

8 of any application for benefits under this Act which

9 was made knowingly or in reckless disregard of the

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

11 or which otherwise fails to contain information per12 taining to the applicant.’’.

13 (2) EFFECTIVE DATE.—The amendment made

14 by paragraph (1) applies to the preparation of appli15 cations before, on, or after the date of enactment of

16 this Act.

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

18 section 1546(a) of title 18, United States Code, is amend19 ed to read as follows:

20 ‘‘Whoever knowingly makes under oath, or as per21 mitted under penalty of perjury under section 1746 of title

22 28, United States Code, knowingly subscribes as true, any

23 false statement with respect to a material fact in any ap24 plication, affidavit, or other document required by the im25 migration laws or regulations prescribed thereunder, or
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1 knowingly presents any such application, affidavit, or

2 other document which contains any such false statement

3 or which fails to contain any reasonable basis in law

4 or fact—’’.

5 SEC. 502. ASYLUM AND WORK AUTHORIZATION.

6 Section 208 of the Immigration and Nationality Act

7 (8 U.S.C. 1158) is amended by adding at the end the fol8 lowing new subsection:

9 ‘‘(f) An applicant for asylum may not engage in em10 ployment in the United States except pursuant to this sub11 section. The Attorney General may deny, suspend, or oth12 erwise place conditions on any application for or grant of

13 authorization to engage in employment in the United

14 States to any alien who makes an application under this

15 section. The Attorney General shall issue regulations to

16 prescribe the conditions for denial, suspension, or condi17 tioning of such authorization, and shall include in such

18 regulations a plan to address sudden, substantial increases

19 in asylum applications and repeated attempts by aliens to

20 gain such authorization without stating a credible fear of

21 persecution.’’.

22 SEC. 503. RESOURCES TO ADDRESS ASYLUM BACKLOG.

23 (a) PURPOSE AND PERIOD OF AUTHORIZATION.—

24 For the purpose of reducing the number of applications

25 pending under sections 208 and 243(h) of the Immigra-
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1 tion and Nationality Act (8 U.S.C. 1158 and 8 U.S.C.

2 1253) as of the date of enactment of this Act, the Attor3 ney General shall have the authority described in sub4 sections (b) and (c) for a period of 2 years, beginning 90

5 days after the date of enactment of this Act.

6 (b) PROCEDURES FOR PROPERTY ACQUISITION ON

7 LEASING.—Notwithstanding the Federal Property and

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

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

10 of funds made available to the Department of Justice for

11 the administration of the Immigration and Nationality Act

12 such amounts as may be necessary for the leasing or ac13 quisition of property to carry out the purpose described

14 in subsection (a).

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

16 carry out the purpose described in subsection (a), the At17 torney General may employ temporarily not more than

18 300 persons who, by reason of retirement on or before

19 January 1, 1993, are receiving—

20 (A) annuities under the provisions of sub21 chapter III of chapter 83 of title 5, United States

22 Code, or chapter 84 of such title;

23 (B) annuities under any other retirement sys24 tem for employees of the Federal Government; or
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1 (C) retired or retainer pay as retired officers of

2 regular components of the uniformed services.

3 (2) In the case of a person retired under the provi4 sions of subchapter III of chapter 83 of title 5, United

5 States Code—

6 (A) no amounts may be deducted from the per7 son’s pay,

8 (B) the annuity of such person may not be

9 terminated,

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

11 be discontinued, and

12 (D) the annuity of such person may not be

13 recomputed,

14 under section 8344 of such title by reason of temporary

15 employment authorized in paragraph (1).

16 (3) In the case of a person retired under the provi17 sions of chapter 84 of title 5, United States Code—

18 (A) no amounts may be deducted from the per19 son’s pay,

20 (B) contributions to the Civil Service Retire21 ment and Disability Fund may not be made, and

22 (C) the annuity of such person may not be

23 recomputed,

24 under section 8468 of such title by reason of temporary

25 employment authorized in paragraph (1).
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1 (4) The retired or retainer pay of a retired officer

2 of a regular component of a uniformed service may not

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

4 Code, by reason of temporary employment authorized in

5 paragraph (1).

6 (5) The President shall apply the provisions of para7 graphs (2) and (3) to persons referred to in paragraph

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

9 provisions apply to persons referred to in paragraph

10 (1)(A).

11 SEC. 504. REDUCTION OF INCENTIVES TO DELAY PROCEED12 INGS.

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

14 212(c) of the Immigration and Nationality Act (8 U.S.C.

15 1182(c)) is amended—

16 (1) by redesignating subsection (c) as sub17 section (c)(1); and

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

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

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

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

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

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

24 subsection (a) shall apply to all applications for relief
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1 under section 212(c) or 244 of the Immigration and Na2 tionality Act filed after the date of enactment of this Act.

3 SEC. 505. PARTIAL REVOCATION OF EXECUTIVE ORDER.

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

5 1990, and any rule, regulation, or order issued under that

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

7 in this Act shall invalidate, or otherwise retroactively af8 fect, any final determination of eligibility for asylum made

9 before the date of enactment of this Act.

10 TITLE VI—BORDER CROSSING

11 USER FEE

12 SEC. 601. IMPOSITION OF FEES.

13 (a) LAND BORDER AND PORT OF ENTRY USER FEE

14 ACCOUNT.—Section 286(q) of the Immigration and Na15 tionality Act (8 U.S.C. 1356(q)) is amended to read as

16 follows:

17 ‘‘(q) LAND BORDER AND PORT OF ENTRY USER FEE

18 ACCOUNT.—(1) The Attorney General, after consultation

19 with the Secretary of State, shall impose at the time of

20 a person’s entry into the United States by land or by sea

21 a fee of $1 for the person’s use of border or port facilities

22 and services of the Immigration and Naturalization

23 Service.

24 ‘‘(2) Notwithstanding subsection (b), the Attorney

25 General may—
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1 ‘‘(A) adjust the border crossing user fee peri2 odically to compensate for inflation and other esca3 lation in the cost of carrying out the purposes of this

4 Act; and

5 ‘‘(B) develop and implement special discounted

6 fee programs for frequent border crossers including,

7 but not limited to, commuter coupon books or

8 passes.

9 ‘‘(3) All fees collected under paragraph (1) shall be

10 deposited as offsetting receipts in a separate account with11 in the general fund of the Treasury of the United States

12 and shall remain available until expended. Such account

13 shall be known as the ‘Land Border and Port of Entry

14 User Fee Account’.

15 ‘‘(4)(A) The Secretary of the Treasury shall refund

16 out of the Land Border and Port of Entry User Fee Ac17 count, at least on a quarterly basis, amounts to any appro18 priations for expenses incurred in providing inspection

19 services at land border points and seaports of entry. Such

20 expenses shall include—

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

22 ‘‘(ii) the operation and maintenance of inspec23 tion facilities at land border and seaport points of

24 entry;
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1 ‘‘(iii) the expansion, operation, and mainte2 nance of information systems for immigrant control;

3 ‘‘(iv) the hire of additional permanent and tem4 porary inspectors, including those authorized by sec5 tion 111 of the Illegal Immigration Control and En6 forcement Act of 1994;

7 ‘‘(v) the minor construction costs associated

8 with the addition of new traffic lanes (with the con9 currence of the General Services Administration), in10 cluding the establishment of commuter lanes to be

11 made available to qualified United States citizens

12 and aliens, as determined by the Attorney General;

13 ‘‘(vi) the detection of fraudulent documents

14 used by persons seeking to enter the United States;

15 and

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

17 Land Border and Port of Entry User Fee Account.

18 ‘‘(B) Beginning with the fiscal year which begins

19 after the effective date of this subsection, amounts re20 quired to be refunded in any fiscal year shall be refunded

21 in accordance with estimates made in the budget request

22 of the Attorney General for that fiscal year. Any proposed

23 change in an amount specified in such budget request shall

24 only be made after notification, at least 15 days in ad25 vance of the proposed refund, to the Committees on Ap-
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1 propriations of the House of Representatives and the Sen2 ate in accordance with section 606 of Public Law 101–

3 162.

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

5 of this Act, and every two years thereafter, the Attorney

6 General shall prepare and submit to the Congress a report

7 containing—

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

9 the Land Border and Port of Entry User Fee Ac10 count, including the beginning account balance, reve11 nues, withdrawals, and ending account balance and

12 projection for the next two fiscal years; and

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

14 any adjustment in the prescribed fee that may be re15 quired to ensure that the receipts collected from the

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

17 as closely as possible, the cost of providing the facili18 ties and services described in paragraph (1).’’.

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

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

21 of enactment of this Act.

22 (2) Not later than 90 days after the date of enact23 ment of this Act, the Attorney General shall submit in

24 writing to the Committees on the Judiciary and the Com25 mittees on Appropriations of the House of Representatives
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1 and of the Senate a plan detailing the proposed implemen2 tation of section 286(q) of the Immigration and National3 ity Act (as amended by this Act).

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

5 of this Act, the fourth proviso under the heading ‘‘Immi6 gration and Naturalization Service, Salaries and Ex7 penses’’ in Public Law 103–121 is repealed.

8 (c) FURTHER USE OF FUND FOR BORDER SECU9 RITY.—(1) Notwithstanding any other provision of law,

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

11 the Treasury shall refund at the beginning of each fiscal

12 year to the Appropriation Account of the Immigration and

13 Naturalization Service funds in the Land Border Inspec14 tion Fee Account which remain unobligated from the pre15 ceding fiscal year, for use as follows:

16 (A) For the hiring, training, support, and

17 equipping of—

18 (i) Border Patrol agents, and of related

19 support personnel authorized in section 111 of

20 this Act;

21 (ii) the Immigration and Naturalization

22 Service land-border inspectors authorized by

23 section 121 of this Act;
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1 (iii) the Immigration and Naturalization

2 Service investigators authorized by section 221

3 of this Act;

4 (iv) the Department of Labor inspectors

5 authorized by section 231 of this Act; and

6 (v) the Assistant United States Attorneys

7 authorized by section 232 of this Act.

8 (B) Not to exceed a total of $5,000,000 in fis9 cal years 1995 and 1996, to carry out the project

10 described in section 134.

11 (C) The identification, detention, and deporta12 tion of individual aliens subject to final orders of de13 portation.

14 (D) To the extent available—

15 (i) for costs relating to land border cross16 ing infrastructure improvement as authorized

17 by section 122 of this Act;

18 (ii) for costs relating to the acquisition by

19 the Department of Justice of technology and

20 equipment as authorized by section 114 of this

21 Act;

22 (iii) for the cost of facilitating and expand23 ing the activities of the Organized Crime and

24 Drug Enforcement Interagency Task Force in
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1 order to fully abate the flow of narcotics and

2 other illegal drugs into the United States;

3 (iv) for the cost of increasing rewards for

4 information leading to the arrest and conviction

5 of terrorists;

6 (v) for the cost of conducting classes, or

7 otherwise assisting or encouraging, legal immi8 grants to the United States to attain American

9 citizenship; and

10 (vi) for the cost of such other activities

11 that, in the discretion of the Attorney General,

12 will reduce: illegal transit of the Nation’s bor13 ders, the flow of illegal drugs across such bor14 ders, the time necessary to process applications

15 for asylum in the United States, and the

16 number of alien criminals incarcerated in this

17 country.

18 (d) AUTHORIZATION OF APPROPRIATIONS.—There

19 are authorized to be appropriated to the Department of

20 Justice such additional funds as may be necessary to sat21 isfy the requirements of this Act not otherwise funded by

22 this title.

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