II

103D CONGRESS

2D SESSION S. 2533

To amend the Immigration and Nationality Act to protect Americans against

criminal activity by aliens, to defend against acts of international terrorism, and to relieve pressure on public services by enhancing border

security and diminishing legal immigration into the United States.

IN THE SENATE OF THE UNITED STATES

OCTOBER 6 (legislative day, SEPTEMBER 12), 1994

Mr. SMITH (for himself and Mr. FAIRCLOTH) 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 protect

Americans against criminal activity by aliens, to defend

against acts of international terrorism, and to relieve

pressure on public services by enhancing border security

and diminishing legal immigration into the United

States.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Immigration Control

5 and Reform Act of 1994.’’.
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1 SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—LEGAL IMMIGRATION REFORM

Subtitle A—Admission of Legal Immigrants

Sec. 101. Reduction in annual legal immigration ceilings.

Sec. 102. Redefinition of immediate relatives.

Sec. 103. Revision of preference allocations for family-sponsored immigrants.

Sec. 104. Revision of preference allocations for employment-based immigrants.

Sec. 105. Conforming amendments.

Sec. 106. Transition.

Sec. 107. Repeal.

Subtitle B—Admission of Refugees

Sec. 111. Number of admissions.

TITLE II—ILLEGAL IMMIGRATION CONTROL

Subtitle A—Land Borders Control

Sec. 201. Placement of additional physical barriers.

Sec. 202. Establishment of interior repatriation program.

Subtitle B—Ports of Entry Control

Sec. 211. Requirement of 24 hours’ notice of arrivals by ships.

Subtitle C—Overseas Airports Control

Sec. 221. Establishment of additional preinspection stations.

Sec. 222. Training of airline personnel in detection of fraud.

Subtitle D—Alien Smuggling Control

Sec. 231. Expansion of alien smuggling asset forfeiture program.

Sec. 232. Inclusion of alien smuggling in RICO Act.

Sec. 233. Enhanced penalties for alien smuggling and employment.

Sec. 234. Provision of wiretap authority for investigations.

Subtitle E—Employer Sanctions Enforcement

Sec. 241. Improvement of work eligibility verification systems.

Subtitle F—Prohibition on Welfare Benefits to Illegal Aliens

Sec. 251. Prohibition of welfare benefits to illegal aliens.

Sec. 252. Prohibition of unemployment benefits to illegal aliens.

Sec. 253. Prohibition of housing benefits to illegal aliens.

Sec. 254. Enhancement of legal alien entitlement verification.

Subtitle G—State and Local Cooperation in Immigration Enforcement

Sec. 261. Prohibition on financial assistance.

Sec. 262. Establishment of program for uniform vital statistics.
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TITLE III—EXCLUSION AND DEPORTATION REFORM

Subtitle A—Criminal Aliens

Sec. 301. Registration of aliens on probation and parole.

Sec. 302. Expansion of definition of aggravated felony.

Sec. 303. Authorization of judicial deportation orders.

Sec. 304. Restrictions on defenses to deportation by criminals.

Sec. 305. Establishment of alien prisoner transfer treaty study.

Subtitle B—Terrorist Aliens

Sec. 311. Removal of alien terrorists.

Sec. 312. Mandatory exclusion for membership in terror group.

Subtitle C—Enforcement of Deportation Orders

Sec. 321. Limitations on collateral attacks on underlying deportation orders.

Subtitle D—Expedited Asylum Review at Ports of Entry

Sec. 331. Establishment of expedited asylum review program.

Subtitle E—Asylum Reform

Sec. 341. Asylum.

Sec. 342. Failure to appear for asylum hearing; judicial review.

Sec. 343. Conforming amendments.

Sec. 344. Effective dates.

Subtitle F—Miscellaneous Provisions

Sec. 351. Authorization of telephonic deportation hearings.

Sec. 352. Construction of expedited deportation requirements.

TITLE IV—EFFECTIVE DATE

Sec. 401. Effective date.

1 TITLE I—LEGAL IMMIGRATION

2 REFORM

3 Subtitle A—Admission of Legal

4 Immigrants

5 SEC. 101. REDUCTION IN ANNUAL LEGAL IMMIGRATION

6 CEILINGS.

7 (a) FAMILY-SPONSORED IMMIGRATION.—Section

8 201(c)(1) of the Immigration and Nationality Act (8

9 U.S.C. 1151) is amended to read as follows:
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1 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED

2 IMMIGRANTS.—(1) The worldwide level of family-spon3 sored immigrants under this subsection for a fiscal year

4 is equal to—

5 ‘‘(A) 300,000, minus

6 ‘‘(B) the number computed under paragraph

7 (2), plus

8 ‘‘(C) the number computed under paragraph

9 (3).’’.

10 (b) EMPLOYMENT-BASED IMMIGRATION.—Section

11 201(d)(1)(A) of the Immigration and Nationality Act (8

12 U.S.C. 1151(d)(1)(A)) is amended by striking ‘‘140,000’’

13 and inserting ‘‘30,000’’.

14 (c) DIVERSITY IMMIGRATION.—Section 201(e) of the

15 Immigration and Nationality Act (8 U.S.C. 1151(e)) is

16 amended by striking ‘‘55,000’’ and inserting ‘‘35,000’’.

17 SEC. 102. REDEFINITION OF IMMEDIATE RELATIVES.

18 Section 201(b)(2)(A)(i) of the Immigration and Na19 tionality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended by

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

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

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

23 ‘‘children and spouses of a citizen of the United States’’.
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1 SEC. 103. REVISION OF PREFERENCE ALLOCATIONS FOR

2 FAMILY-SPONSORED IMMIGRANTS.

3 Paragraphs (1) through (4) of section 203(a) of the

4 Immigration and Nationality Act are amended to read as

5 follows:

6 ‘‘(1) SPOUSES AND CHILDREN OF PERMANENT

7 RESIDENT ALIENS.—Qualified immigrants who are

8 the spouses or children of an alien lawfully admitted

9 for permanent residence shall be allocated visas in a

10 number equal to 40 percent of the difference be11 tween such worldwide level and the number of imme12 diate relative visas required, plus any visas not re13 quired for the class specified in paragraph (1).

14 ‘‘(2) PARENTS OF ADULT UNITED STATES CITI15 ZENS.—Qualified immigrants who are the parents of

16 citizens of the United States who are at least 21

17 years of age shall be allocated visas in a number

18 equal to 60 percent of the difference between such

19 worldwide level and the number of immediate rel20 ative visas required, plus any visas not required for

21 the class specified in paragraph (1).

22 ‘‘(3) SONS AND DAUGHTERS OF UNITED

23 STATES CITIZENS.—Qualified immigrants holding

24 priority dates as of the effective date of this para25 graph who are the sons and daughters of citizens of

26 the United States shall be allocated visas in a num-
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1 ber equal to 75 percent of the maximum number of

2 visas available but not issued under paragraphs (1)

3 and (2).

4 ‘‘(4) SONS AND DAUGHTERS OF PERMANENT

5 RESIDENT ALIENS.—Qualified immigrants holding

6 priority dates as of the effective date of this para7 graph who are the sons and daughters of permanent

8 resident aliens shall be allocated visas in a number

9 equal to 25 percent of the maximum number of visas

10 available but not issued under paragraphs (1) and

11 (2).

12 ‘‘(5) BROTHERS AND SISTERS OF CITIZENS.—

13 Qualified immigrants holding priority dates as of the

14 effective date of this paragraph who are the brothers

15 or sisters of citizens of the United States, if such

16 citizens are at least 21 years of age, shall be allo17 cated visas in a number equal to the number of visas

18 not required for the classes specified in paragraphs

19 (3) and (4).’’.

20 SEC. 104. REVISION OF PREFERENCE ALLOCATIONS FOR

21 EMPLOYMENT-BASED IMMIGRANTS.

22 (a) ADJUSTMENT IN ALLOCATIONS AS PERCENTAGE

23 OF WORLDWIDE LEVEL.—(1) Section 203(b)(1) of such

24 Act is amended by striking ‘‘28.6 percent’’ and inserting

25 ‘‘50 percent’’.
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1 (2) Section 203(b)(2)(A) of such Act is amended by

2 striking ‘‘28.6 percent’’ and inserting ‘‘50 percent’’.

3 (3) Section 203(b)(1) of such Act is amended by

4 striking ‘‘, plus any visas not required for the classes spec5 ified in paragraphs (4) and (5),’’.

6 (b) ALLOCATIONS FOR BACKLOGGED PREVIOUS

7 PREFERENCES.—(1) Section 203(b)(3)(A) of such Act (8

8 U.S.C. 1153(b)(3)(A)), in the text above clause (i), is

9 amended to read as follows:

10 ‘‘(A) IN GENERAL.—Visas shall be made

11 available in a number equal to the number of

12 visas not required for the classes specified in

13 paragraphs (1) and (2) to the following classes

14 of aliens not described in paragraph (2) who

15 are qualified immigrants holding priority dates

16 as of the effective date of this paragraph:’’.

17 (2) Section 203(b)(4) of such Act (8 U.S.C.

18 1153(b)(4)) is amended by striking ‘‘in a number not to

19 exceed 7.1 percent of such worldwide level, to qualified

20 special immigrants’’ and inserting ‘‘in a number equal to

21 the number of visas not required for the classes specified

22 in paragraphs (1) through (3), to qualified special immi23 grants holding priority dates as of the effective date of

24 this Act who are’’.
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1 (3) Section 203(b)(5)(A) of such Act (8 U.S.C.

2 1153(b)(5)(A)), in the text above clause (i), is amended

3 to read as follows:

4 ‘‘(A) IN GENERAL.—Visas shall be made

5 available in a number equal to the number of

6 visas not required for paragraphs (1) through

7 (4) to qualified immigrants holding priority

8 dates as of the effective date of this paragraph

9 who are seeking to enter the United States for

10 the purpose of engaging in a new commercial

11 enterprise—’’.

12 (4) Section 203(b)(6) of such Act (8 U.S.C.

13 1153(b)(6)) is repealed.

14 SEC. 105. CONFORMING AMENDMENTS.

15 Section 204 of the Immigration and Nationality Act

16 (8 U.S.C. 1154) is amended—

17 (1) in subsection (a)(1)—

18 (A) in subparagraph (A), by striking

19 ‘‘paragraph (1), (3), or (4)’’ and inserting

20 ‘‘paragraph (1) or (3)’’;

21 (B) in subparagraph (D), by striking

22 ‘‘203(b)(2), or 203(b)(3)’’ and inserting ‘‘or

23 203(b)(2)’’;

24 (C) by redesignating subparagraph (E)(ii)

25 as subparagraph (E);
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1 (D) by striking subparagraph (E)(i);

2 (E) by striking subparagraph (F); and

3 (F) by redesignating subparagraph (G) as

4 subparagraph (F); and

5 (2) in subsection (b), by striking ‘‘or

6 203(b)(3)’’.

7 SEC. 106. TRANSITION.

8 (a) PARENTS OF CITIZENS; UNMARRIED SONS AND

9 DAUGHTERS OF CITIZENS.—Any petition filed under sec10 tion 204(a) of the Immigration and Nationality Act before

11 the effective date of this Act for—

12 (1) immediate relative status as a parent of a

13 United States citizen who is at least 21 years of age,

14 (2) preference status under section 203(a)(1) of

15 such Act (as in effect before such date),

16 (3) preference status under section 203(a)(2)

17 by virtue of being the spouse or child of a perma18 nent resident alien, or

19 (4) preference status under section 203(a)(2)

20 by virtue of being the son or daughter of a perma21 nent resident alien,

22 shall be deemed, as of such date, to be a petition filed

23 under such section for preference status under section

24 203(a)(2), section 203(a)(3), 203(a)(1), or 203(a)(4), re25 spectively, of such Act (as amended by this Act).
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1 (b) ELIMINATED PREFERENCE CLASSIFICATIONS.—

2 Beginning on the effective date of this Act—

3 (1) the Attorney General may not accept any

4 petition filed under section 204(a) for classification

5 under section 203(a)(4), 203(b)(3), 203(b)(4), or

6 203(b)(5), as in effect before the effective date of

7 this Act; and

8 (2) each priority date established before the ef9 fective date of this Act shall be maintained with re10 spect to any petition filed under section 204(a) of

11 the Immigration and Nationality Act before such

12 date for preference status under paragraph (1), (2),

13 (3), or (4) of section 203(a) (as in effect before such

14 date) or paragraph (3), (4), or (5) of section 203(b)

15 of such Act (as in effect before such date).

16 SEC. 107. REPEAL.

17 Section 301 of the Immigration Act of 1990 (Public

18 Law 101–649) (relating to admission of dependents of le19 galized aliens) is hereby repealed.

20 Subtitle B—Admission of Refugees

21 SEC. 111. NUMBER OF ADMISSIONS.

22 Section 207 of the Immigration and Nationality Act

23 (8 U.S.C. 1157) is amended by striking subsection (a) and

24 inserting the following:
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1 ‘‘(a) Except as provided in subsection (b), the number

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

3 fiscal year may not exceed 35,000. Admissions under this

4 subsection shall be allocated by the President among refu5 gees of special humanitarian concern to the United

6 States.’’.

7 TITLE II—ILLEGAL

8 IMMIGRATION CONTROL

9 Subtitle A—Land Borders Control

10 SEC. 201. PLACEMENT OF ADDITIONAL PHYSICAL BAR11 RIERS.

12 After consultation with the Commissioner of Immi13 gration and Naturalization, but not later than 6 months

14 after the date of enactment of this Act, the Attorney Gen15 eral shall submit a report to the chairmen of the Commit16 tees on the Judiciary of the House of Representatives and

17 the Senate on the feasibility and cost of the placement

18 of substantial numbers of additional physical barriers at

19 appropriate points on the border between the United

20 States and Mexico to deter and prevent unauthorized

21 crossings into the United States.

22 SEC. 202. ESTABLISHMENT OF INTERIOR REPATRIATION

23 PROGRAM.

24 Not later than 180 days after the date of enactment

25 of this Act, the Attorney General, in consultation with the
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1 Commissioner of Immigration and Naturalization, shall

2 develop and implement a program in which aliens who en3 tered the United States illegally not less than three times

4 before such date and were deported or returned to a coun5 try that is contiguous to the United States shall be re6 turned to locations that are not less than five hundred

7 kilometers from that country’s border with the United

8 States.

9 Subtitle B—Ports of Entry Control

10 SEC. 211. REQUIREMENT OF 24 HOURS’ NOTICE OF ARRIV11 ALS BY SHIPS.

12 The Attorney General is authorized to require, by

13 regulation, not less than 24 hours of advance notice to

14 the Immigration and Naturalization Service of the inten15 tion of any seagoing vessel to arrive at any port of entry

16 of the United States.

17 Subtitle C—Overseas Airports

18 Control

19 SEC. 221. ESTABLISHMENT OF ADDITIONAL

20 PREINSPECTION STATIONS.

21 (a) PREINSPECTION STATIONS.—(1) After consulta22 tion with the Secretary of State and the Commissioner of

23 Immigration and Naturalization, but not later than 6

24 months after the date of enactment of this Act, the Attor25 ney General shall submit a report to the chairmen of the
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1 Committees on the Judiciary of the House of Representa2 tives and the Senate on the feasibility and cost of the es3 tablishment and maintenance of preinspection stations in

4 at least 10 of the foreign airports that the Attorney Gen5 eral determines to be serving as the last points of depar6 ture for the greatest numbers of passengers who arrive

7 from abroad by air at ports of entry within the United

8 States. Such preinspection stations shall be in addition to

9 any preinspection stations that are established before the

10 date of enactment of this section.

11 (2) Not later than November 1 of each year, the At12 torney General shall compile data identifying—

13 (A) the foreign airports that served as the last

14 points of departure for aliens who arrived by air at

15 ports of entry into the United States without valid

16 documentation during the preceding fiscal year,

17 (B) the number and nationality of such aliens

18 arriving from each such foreign airport, and

19 (C) the primary routes that such aliens followed

20 from their countries of origin to the United States.

21 (3) Prior to the establishment of a preinspection sta22 tion, the Attorney General, in consultation with the Sec23 retary of State, shall ensure that—
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1 (A) employees of the United States stationed at

2 the preinspection station and their accompanying

3 family members will receive appropriate protection,

4 (B) such employees and their families will not

5 be subject to unreasonable risks to their welfare and

6 safety, and

7 (C) the country in which the preinspection sta8 tion is to be established maintains practices and pro9 cedures with respect to asylum seekers and refugees

10 in accordance with the Convention Relating to the

11 Status of Refugees (done at Geneva on July 28,

12 1951) or the Protocol Relating to the Status of Ref13 ugees (done at New York on January 31, 1967).

14 (b) ESTABLISHMENT OF CARRIER CONSULTANT

15 PROGRAM.—After consultation with the Secretary of State

16 and the Commissioner of Immigration and Naturalization,

17 but not later than 6 months after the date of enactment

18 of this Act, the Attorney General shall submit a report

19 to the chairmen of the Committees on the Judiciary of

20 the House of Representatives and the Senate on the fea21 sibility and cost of the assignment of substantial numbers

22 of additional immigration officers to assist air carriers in

23 the detection of fraudulent documents at foreign airports

24 that, based on the records that are maintained in accord25 ance with subsection (a)(2), served as the points of depar-
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1 ture for a significant number of the aliens arriving at

2 ports of entry into the United States without valid docu3 mentation, but where no preinspection station exists.

4 SEC. 222. TRAINING OF AIRLINE PERSONNEL IN DETEC5 TION OF FRAUD.

6 (a) USE OF FUNDS.—Section 286(h)(2)(A) (8 U.S.C.

7 1356(h)(2)(A)) is amended—

8 (1) in clause (iv), by inserting ‘‘, including

9 training of, and technical assistance to, commercial

10 airline personnel on such detection’’ after ‘‘United

11 States’’, and

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

13 ‘‘The Attorney General shall provide for expenditures for

14 training and assistance described in clause (iv) in an

15 amount, for any fiscal year, not less than five percent of

16 the total of the expenses incurred that are described in

17 the preceding sentence.’’.

18 (b) COMPLIANCE WITH DETECTION REGULA19 TIONS.—Section 212(f) (8 U.S.C. 1182(f)) is amended by

20 adding at the end the following: ‘‘Whenever the Attorney

21 General finds that a commercial airline has failed to com22 ply with regulations of the Attorney General relating to

23 requirements of airlines for the detection of fraudulent

24 documents that are used by passengers traveling to the

25 United States (including the training of personnel in such
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1 detection), the Attorney General may suspend the entry

2 of some or all aliens transported to the United States by

3 such airline.’’.

4 (c) EFFECTIVE DATES.—

5 (1) The amendments made by subsection (a)

6 shall apply to expenses incurred on or after October

7 1, 1994.

8 (2) The Attorney General first shall issue, in

9 proposed form, regulations referred to in the second

10 sentence of section 212(f) of the Immigration and

11 Nationality Act, as added by the amendment made

12 by subsection (b), by not later than 90 days after

13 the date of enactment of this Act.

14 Subtitle D—Alien Smuggling

15 Control

16 SEC. 231. EXPANSION OF ALIEN SMUGGLING ASSET FOR17 FEITURE PROGRAM.

18 (a) IN GENERAL.—Paragraph (1) of section 274(b)

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

20 1324(b)) is amended to read as follows:

21 ‘‘(1)(A) Except as provided in subparagraph (B), the

22 following property shall be subject to seizure and forfeit23 ure:
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1 ‘‘(i) Any conveyance, including any vessel, vehi2 cle, or aircraft, which has been or is being used in

3 the commission of a violation of subsection (a).

4 ‘‘(ii) Any property, real or personal, which—

5 ‘‘(I) constitutes, or is derived from or

6 traceable to, the proceeds obtained directly or

7 indirectly from the commission of a violation of

8 subsection (a), or

9 ‘‘(II) is used to facilitate, or is intended to

10 be so used in the commission of, a violation of

11 subsection (a)(1)(A).

12 ‘‘(B)(i) No property used by any person as a common

13 carrier in the transaction of business as a common carrier

14 shall be forfeited under this section, unless the owner or

15 other person with lawful custody of the property was a

16 consenting party to or privy to the violation of subsection

17 (a) or of paragraphs (1) and (2) of subsection (a) of sec18 tion 274A.

19 ‘‘(ii) No property shall be forfeited under the provi20 sions of this section by reason of any act or omission es21 tablished by the owner to have been committed or omitted

22 by a person other than the owner while the property was

23 unlawfully in the possession of a person other than the

24 owner in violation of the criminal laws of the United

25 States or of any State.
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1 ‘‘(iii) No property shall be forfeited under the provi2 sions of this section to the extent of an interest of the

3 owner, by reason of any act or omission established by

4 the owner to have been committed or omitted without the

5 knowledge, consent, or willful disregard of the owner, un6 less the act or omission was committed or omitted by an

7 employee or agent of the owner or other person with lawful

8 custody of the property with the intent of furthering the

9 business interests of, or to confer any other benefit upon,

10 the owner or other person with lawful custody of the prop11 erty.’’.

12 (b) CONFORMING AMENDMENTS.—Section 274(b) of

13 such Act (8 U.S.C. 1324(b)) is amended—

14 (1) in paragraph (2)—

15 (A) by striking ‘‘conveyance’’ and inserting

16 ‘‘property’’ in each place in which it appears,

17 and

18 (B) by striking ‘‘is being used in’’ and in19 serting ‘‘is being used in, is facilitating, has fa20 cilitated, is facilitating or was intended to facili21 tate’’; and

22 (2) in paragraphs (4) and (5), by striking ‘‘a

23 conveyance’’, ‘‘any conveyance’’, and ‘‘conveyance’’

24 and inserting ‘‘property’’ in each place in which it

25 appears.
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1 SEC. 232. INCLUSION OF ALIEN SMUGGLING IN RICO ACT.

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

3 amended—

4 (1) by striking ‘‘or’’ before ‘‘(E) any act’’, and

5 (2) by inserting before the period at the end the

6 following: ‘‘, or (F) any act that is indictable under

7 section 274(a)(1) of the Immigration and National8 ity Act (relating to alien smuggling)’’.

9 SEC. 233. ENHANCED PENALTIES FOR ALIEN SMUGGLING

10 AND EMPLOYMENT.

11 Section 274(a)(1) of the Immigration and Nationality

12 Act (8 U.S.C. 1324(a)(1)) is amended—

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

14 (C),

15 (2) by striking the comma at the end of sub16 paragraph (D) and inserting ‘‘; or’’,

17 (3) by inserting after subparagraph (D) the fol18 lowing:

19 ‘‘(E) contracts or agrees with another

20 party for that party to provide, for employment

21 by the person or another, an alien who is not

22 authorized to be employed in the United States,

23 knowing that such party intends to cause such

24 alien to be brought into the United States in

25 violation of the laws of the United States,’’, and
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1 (4) by striking ‘‘five years’’ and inserting ‘‘ten

2 years’’.

3 SEC. 234. PROVISION OF WIRETAP AUTHORITY FOR INVES4 TIGATIONS.

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

6 amended—

7 (1) in subparagraph (c), by inserting after

8 ‘‘weapons),’’ the following: ‘‘or a felony violation of

9 section 1028 (relating to production of false identi10 fication documentation), section 1542 (relating to

11 false statements in passport applications), section

12 1546 (relating to fraud and misuse of visas, permits,

13 and other documents),’’;

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

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

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

17 (4) by inserting after paragraph (l) the follow18 ing new paragraph:

19 ‘‘(m) a violation of section 274 of the Immigra20 tion and Nationality Act (8 U.S.C. 1324) (relating

21 to alien smuggling), of section 277 of the Immigra22 tion and Nationality Act (8 U.S.C. 1327) (relating

23 to the smuggling of aliens convicted of aggravated

24 felonies or of aliens subject to exclusion on grounds

25 of national security), or of section 278 of the Immi-
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1 gration and Nationality Act (8 U.S.C. 1328) (relat2 ing to smuggling of aliens for the purpose of pros3 titution or other immoral purpose);’’; and

4 (5) by striking ‘‘and’’ at the end of paragraph

5 (o) (as redesignated) and inserting ‘‘or’’.

6 Subtitle E—Employer Sanctions

7 Enforcement

8 SEC. 241. IMPROVEMENT OF WORK ELIGIBILITY VERIFICA9 TION SYSTEMS.

10 (a) WORK ELIGIBILITY DOCUMENTS AND VERIFICA11 TION OF ELIGIBILITY TO WORK.—Section 274A(b) of the

12 Immigration and Nationality Act is amended—

13 (1) by striking paragraph (1) and inserting the

14 following:

15 ‘‘(1) ATTESTATION AFTER EXAMINATION AND

16 VERIFICATION OF DOCUMENTATION.—The person or

17 entity must attest, under penalty of perjury and on

18 a form designated or established by the Attorney

19 General by regulation, that it has been confirmed

20 that the individual is not an unauthorized alien by

21 verifying the individual’s Social Security account

22 number through the verification system established

23 pursuant to subsection (d)(1).’’
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1 (2) by redesignating paragraphs (2), (3), (4),

2 and (5) as paragraphs (3), (4), (5), and (6), respec3 tively;

4 (3) by inserting after paragraph (1) the follow5 ing:

6 ‘‘(2) VERIFICATION OF CONTINUED WORK ELI7 GIBILITY FOR ALIENS WITH LIMITED WORK AU8 THORIZATION.—In the case of an alien whose work

9 authorization has an expiration date, a person or en10 tity who continues to employ such an alien after the

11 date on which the employment authorization expires

12 must verify, through the verification system estab13 lished pursuant to subsection (d)(1), that the alien’s

14 work authorization has been extended.’’; and

15 (4) by adding at the end the following new

16 paragraph:

17 ‘‘(7) RULE OF STATUTORY CONSTRUCTION.—

18 Notwithstanding any other provision of law, a per19 son or entity may not be considered to discriminate

20 by requesting the production of the documentation

21 required under this subsection in the hiring, recruit22 ing, or referring of an individual for employment in

23 the United States.’’.

24 (b) EFFECTIVE DATES.—(1) The amendment made

25 by subsection (a)(1) shall take effect on July 1, 1995.
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1 (2) The amendments made by paragraphs (2), (3),

2 and (4) of subsection (a) shall take effect on the date of

3 enactment of this Act.

4 (c) ESTABLISHMENT OF EMPLOYMENT VERIFICA5 TION SYSTEM.—Section 274A(d) of the Immigration and

6 Nationality Act is amended to read as follows:

7 ‘‘(d) EMPLOYMENT VERIFICATION SYSTEM.—

8 ‘‘(1) ESTABLISHMENT OF VERIFICATION SYS9 TEM.—

10 ‘‘(A) IN GENERAL.—The Secretary of

11 Health and Human Services, in consultation

12 with the Attorney General, shall make such

13 modifications and improvements as are nec14 essary to current data bases and systems to de15 velop and implement a verification system that

16 a person or entity can access by telephone or

17 other electronic means. Such system shall per18 mit verification that an individual’s Social Secu19 rity number—

20 ‘‘(i) has been issued,

21 ‘‘(ii) was issued to an individual au22 thorized to work in the United States, and

23 ‘‘(iii) is not a number that was issued

24 to an individual who now is deceased and
24

•S 2533 IS

1 that has not been reissued to a living indi2 vidual.

3 The system shall also provide any other infor4 mation that the Attorney General and the Sec5 retary of Health and Human Services deter6 mine is needed to verify that the number pro7 vided to the employer is the number that was

8 issued properly to that individual, that such in9 dividual is authorized to work in the United

10 States, and that the individual providing the

11 Social Security number to the employer is the

12 same person to whom the number is assigned.

13 ‘‘(B) ACCESS FEE.—A fee, not to exceed

14 $2 plus any line charges payable to a telephone

15 carrier or equivalent entity, shall be charged for

16 each use of the verification system in order to

17 pay for the costs of operating the system.

18 ‘‘(C) EFFECTIVE DATE.—The verification

19 system required by this paragraph shall be

20 operational not later than July 1, 1995.

21 ‘‘(2) PRIVACY PROTECTIONS.—

22 ‘‘(A) Any personal information utilized by

23 the system may not be made available to Gov24 ernment agencies, employers, and other persons
25

•S 2533 IS

1 except to the extent necessary to verify that an

2 individual is not an unauthorized alien.

3 ‘‘(B) The system must protect the privacy

4 and security of personal information and identi5 fiers utilized in the system.

6 ‘‘(C) A verification that an employee or

7 prospective employee is eligible to be employed

8 in the United States may not be withheld or re9 voked under the system for any reason other

10 than that the employee or prospective employee

11 is an unauthorized alien.

12 ‘‘(D) The system may not be used for law

13 enforcement purposes, other than for the en14 forcement of this Act or sections 1001, 1028,

15 1546, and 1621 of title 18, United States Code.

16 ‘‘(E) Unauthorized use or disclosure of the

17 information or identifiers contained in the em18 ployment verification system shall be punishable

19 by civil and criminal penalties.

20 ‘‘(3) MONITORING AND IMPROVEMENTS IN THE

21 VERIFICATION SYSTEM.—(A) The Attorney General

22 shall provide for the monitoring and evaluation of

23 the degree to which the employment verification sys24 tem established under this section provides an accu-
26

•S 2533 IS

1 rate, efficient, and secure system by which to deter2 mine employment eligibility in the United States.

3 ‘‘(B) To the extent that the system established

4 under this section is found not to be an accurate, ef5 ficient, and secure system by which to determine em6 ployment eligibility in the United States, the Attor7 ney General shall recommend such changes or en8 hancements in the system as may be necessary to

9 achieve such a system.’’.

10 (d) CONFORMING AMENDMENTS.—(1) Section 274A

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

12 1324a(b)) is amended—

13 (A) in subsection (b), by striking ‘‘following

14 three paragraphs’’ and inserting ‘‘following four

15 paragraphs’’, and

16 (B) by striking subsections (i), (j), (k), (l), (m),

17 and (n).

18 (2) The amendments made by this subsection shall

19 take effect on July 1, 1995.

20 Subtitle F—Prohibition on Welfare

21 Benefits to Illegal Aliens

22 SEC. 251. PROHIBITION OF WELFARE BENEFITS TO ILLE23 GAL ALIENS.

24 (a) DIRECT FEDERAL FINANCIAL BENEFITS.—Sub25 ject to subsection (b) and the Immigration and Nationality
27

•S 2533 IS

1 Act, and notwithstanding any other provision of law, an

2 alien who is not lawfully within the United States as a

3 permanent resident, a refugee, an asylee, or a parolee is

4 not eligible for any direct Federal financial benefit or so5 cial insurance benefit (whether through grant, loan, guar6 antee, or otherwise) as such benefits are identified by the

7 Attorney General in consultation with other appropriate

8 heads of the various departments and agencies of the Fed9 eral Government.

10 (b) EMERGENCY MEDICAL CARE.—Subsection (a)

11 shall not apply with respect to the Federal reimbursement

12 of emergency medical care for aliens, as determined by the

13 Secretary of Health and Human Services by regulation.

14 SEC. 252. PROHIBITION OF UNEMPLOYMENT BENEFITS TO

15 ILLEGAL ALIENS.

16 (a) PROHIBITION.—An alien who has not been grant17 ed employment authorization pursuant to the Immigration

18 and Nationality Act or other Federal law shall be ineligible

19 for unemployment compensation under an unemployment

20 compensation law of a State or the United States.

21 (b) AMOUNT OF COMPENSATION.—An alien who has

22 been granted temporary work authorization shall be eligi23 ble only for such unemployment compensation under a law

24 of a State or the United States as accrued during the time

25 in which the alien was authorized to work.
28

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1 (c) DEFINITION.—As used in this section, the term

2 ‘‘State’’ means any of the several States of the United

3 States, the District of Columbia, Puerto Rico, Guam, and

4 the Virgin Islands.

5 SEC. 253. PROHIBITION OF HOUSING BENEFITS TO ILLE6 GAL ALIENS.

7 (a) LIMITATION.—Notwithstanding section 251 or

8 any other provision of law, no alien who is not a perma9 nent resident, a refugee, an asylee, or a parolee shall be

10 eligible for benefits under the following provisions of law:

11 (1) The program of rental assistance on behalf

12 of low-income families provided under section 8 of

13 the United States Housing Act of 1937 (42 U.S.C.

14 1437f).

15 (2) The program of assistance to public housing

16 under title I of the United States Housing Act of

17 1937 (42 U.S.C. 1437 et seq.).

18 (3) The loan program under section 502 of the

19 Housing Act of 1949 (42 U.S.C. 1472).

20 (4) The program of interest reduction payments

21 pursuant to contracts entered into by the Secretary

22 of Housing and Urban Development under section

23 236 of the National Housing Act (12 U.S.C. 1715z–

24 1).
29

•S 2533 IS

1 (5) The program of loans for rental and cooper2 ative housing under section 515 of the Housing Act

3 of 1949 (42 U.S.C. 1485).

4 (6) The program of rental assistance payments

5 pursuant to contracts entered into under section

6 521(a)(2)(A) of the Housing Act of 1949 (42 U.S.C.

7 1490a(a)(2)(A)).

8 (7) The program of assistance payments on be9 half of homeowners under section 235 of the Na10 tional Housing Act (12 U.S.C. 1715z).

11 (8) The program of rent supplement payments

12 on behalf of qualified tenants pursuant to contracts

13 entered into under section 101 of the Housing and

14 Urban Development Act of 1965 (12 U.S.C. 1701s).

15 (9) The loan and grant programs under section

16 504 of the Housing Act of 1949 (42 U.S.C. 1474)

17 for repairs and improvements to rural dwellings.

18 (10) The loan and assistance programs under

19 sections 514 and 516 of the Housing Act of 1949

20 (42 U.S.C. 1484, 1486) for housing for farm labor.

21 (11) The program of grants for preservation

22 and rehabilitation of housing under section 533 of

23 the Housing Act of 1949 (42 U.S.C. 1490m).

24 (12) The program of grants and loans for mu25 tual and self-help housing and technical assistance
30

•S 2533 IS

1 under section 523 of the Housing Act of 1949 (42

2 U.S.C. 1490c).

3 (13) The program of site loans under section

4 524 of the Housing Act of 1949 (42 U.S.C. 1490d).

5 (b) REGULATIONS.—Not later than January 1, 1995,

6 the Secretary of Housing and Urban Development shall

7 issue final regulations to carry out subsection (a).

8 SEC. 254. ENHANCEMENT OF LEGAL ALIEN ENTITLEMENT

9 VERIFICATION.

10 There are authorized to be appropriated for each of

11 the fiscal years 1995, 1996, 1997, 1998, and 1999 such

12 sums as may be necessary to carry out the purposes of

13 the automated System for Alien Verification of Eligibility

14 (SAVE) that was established under section 121 of the Im15 migration Reform and Control Act of 1986 (Public Law

16 99–603).

17 Subtitle G—State and Local Co18 operation in Immigration En19 forcement

20 SEC. 261. PROHIBITION ON FINANCIAL ASSISTANCE.

21 (a) IN GENERAL.—No State or local government or

22 agency that the Attorney General determines has an offi23 cial policy of refusing to cooperate with officers or employ24 ees of the Immigration and Naturalization Service with

25 respect to the identification, location, arrest, prosecution,
31

•S 2533 IS

1 detention, or deportation of aliens who are not lawfully

2 present within the United States, shall be eligible for any

3 Federal funds from appropriations made to the Depart4 ment of Justice for as long as the policy of noncooperation

5 remains in effect.

6 (b) REIMBURSEMENT PROHIBITED.—No State or

7 local government (or any agency thereof) that is ineligible

8 for assistance under subsection (a) may be reimbursed for

9 such assistance after the termination of such ineligibility.

10 SEC. 262. ESTABLISHMENT OF PROGRAM FOR UNIFORM

11 VITAL STATISTICS.

12 (a) PILOT PROGRAM.—The Secretary of Health and

13 Human Services shall consult with each State agency that

14 is responsible for the registration and certification of

15 births and deaths and, within 3 years of the date of enact16 ment of this Act, shall establish a pilot program for 3 of

17 the 5 States with the largest number of undocumented

18 aliens that creates an electronic network linking the vital

19 statistics records of such States. The network shall pro20 vide, where practical, for the matching of deaths with

21 births and shall enable the confirmation of births and

22 deaths of citizens of such States, or of aliens within such

23 States, by any Federal or State agency or official in the

24 performance of official duties. The Secretary and partici25 pating State agencies shall institute measures to achieve
32

•S 2533 IS

1 uniform and accurate reporting of vital statistics into the

2 pilot program network, to protect the integrity of the reg3 istration and certification process, and to prevent fraud

4 against the Government and other persons through the

5 use of false birth or death certificates.

6 (b) REPORT.—Not later than 180 days after the es7 tablishment of the pilot program under subsection (a), the

8 Secretary shall submit a report to Congress containing

9 recommendations on how the pilot program could be insti10 tuted effectively as a national network for the United

11 States.

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated such sums as may be

14 necessary to carry out this section.

15 TITLE III—EXCLUSION AND

16 DEPORTATION REFORM

17 Subtitle A—Criminal Aliens

18 SEC. 301. REGISTRATION OF ALIENS ON PROBATION AND

19 PAROLE.

20 Section 263(a) of the Immigration and Nationality

21 Act (8 U.S.C. 1303(a)) is amended by striking ‘‘and (5)’’

22 and inserting ‘‘(5) aliens who are or have been on criminal

23 probation or parole pursuant to the laws of the United

24 States or of any State, and (6)’’.
33

•S 2533 IS

1 SEC. 302. EXPANSION OF DEFINITION OF AGGRAVATED

2 FELONY.

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

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

5 1101(a)(43)) is amended to read as follows:

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

7 ‘‘(A) murder;

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

9 substance (as defined in section 102 of the Con10 trolled Substances Act), including any drug traffick11 ing crime as defined in section 924(c) of title 18,

12 United States Code;

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

14 destructive devices as defined in section 921 of title

15 18, United States Code, or in explosive materials as

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

17 Code;

18 ‘‘(D) any offense described in sections 1951

19 through 1963 of title 18, United States Code;

20 ‘‘(E) any defense described in—

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

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

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

24 United States Code (relating to explosive mate25 rials offenses),
34

•S 2533 IS

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

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

3 922(n), section 922(o), section 922(p), section

4 922(r), section 924(b), or section 924(h) of title

5 18, United States Code (relating to firearms of6 fenses), or

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

8 States Code (relating to firearms offenses);

9 ‘‘(F) any crime of violence (as defined in sec10 tion 16 of title 18, United States Code) for which

11 the term of imprisonment imposed (regardless of any

12 suspension of such imprisonment) is at least 5 years;

13 ‘‘(G) any theft offense (including receipt of sto14 len property) or any burglary offense, where a sen15 tence of 5 years of imprisonment or more may be

16 imposed;

17 ‘‘(H) any offense described in section 875, sec18 tion 876, section 877, or section 1202 of title 18,

19 United States Code (relating to the demand for or

20 receipt of ransom);

21 ‘‘(I) any offense described in section 2251, sec22 tion 2251A or section 2252 of title 18, United

23 States Code (relating to child pornography);
35

•S 2533 IS

1 ‘‘(J) any offense described in section 1084 of

2 title 18, United States Code, where a sentence of 5

3 years of imprisonment or more may be imposed;

4 ‘‘(K) any offense relating to commercial brib5 ery, counterfeiting, forgery or trafficking in vehicles

6 whose identification numbers have been altered,

7 where a sentence of 5 years of imprisonment or

8 more may be imposed;

9 ‘‘(L) any offense—

10 ‘‘(i) relating to the owning, controlling,

11 managing or supervising of a prostitution busi12 ness,

13 ‘‘(ii) described in section 2421 through

14 2424 of title 18, United States Code, for com15 mercial advantage, or

16 ‘‘(iii) described in sections 1581 through

17 1585, or section 1588, of title 18, United

18 States Code (relating to peonage, slavery, and

19 involuntary servitude);

20 ‘‘(M) any offense relating to perjury or sub21 ornation of perjury where a sentence of 5 years of

22 imprisonment or more may be imposed;

23 ‘‘(N) any offense described in—

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

25 transmitting national defense information), sec-
36

•S 2533 IS

1 tion 798 (relating to disclosure of classified in2 formation), section 2153 (relating to sabotage)

3 or section 2381 or section 2382 (relating to

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

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

6 Code (relating to protecting the identity of un7 dercover intelligence agents);

8 ‘‘(O) any offense—

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

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

11 or

12 ‘‘(ii) described in section 7201 of the Inter13 nal Revenue Code of 1986 (relating to tax eva14 sion), where the tax loss to the Government ex15 ceeds $200,000;

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

17 of the Immigration and Nationality Act (relating to

18 alien smuggling) for the purpose of commercial ad19 vantage;

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

21 18, United States Code (relating to document

22 fraud), for the purpose of commercial advantage; or

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

24 before a court pursuant to a court order to answer
37

•S 2533 IS

1 to or dispose of a charge of a felony, where a sen2 tence of 2 years or more may be imposed,

3 or any attempt or conspiracy to commit any such act.

4 Such term applies to offenses described in this paragraph

5 whether in violation of Federal or State law and applies

6 to such offenses in violation of the laws of a foreign coun7 try for which the term of imprisonment was completed

8 within the previous 15 years.’’.

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

10 this section shall apply to all convictions entered before,

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

12 SEC. 303. AUTHORIZATION OF JUDICIAL DEPORTATION OR13 DERS.

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

15 Immigration and Nationality Act (8 U.S.C. 1252a) is fur16 ther amended by adding at the end the following new sub17 section:

18 ‘‘(d) JUDICIAL DEPORTATION.—

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

20 provision of this Act, a United States district court

21 shall have jurisdiction to enter a judicial order of de22 portation at the time of sentencing against an alien

23 whose criminal conviction causes such alien to be de24 portable under section 242(a)(2)(A)(iii) (relating to

25 conviction of an aggravated felony), if such an order
38

•S 2533 IS

1 has been requested prior to sentencing by the United

2 States Attorney with the concurrence of the Com3 missioner.

4 ‘‘(2) PROCEDURE.—(A) The United States At5 torney shall provide notice of intent to request judi6 cial deportation promptly after the entry in the

7 record of an adjudication of guilt or guilty plea.

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

9 alien, and to the alien’s counsel of record.

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 Commissioner 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.
39

•S 2533 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 behalf, and to

4 cross-examine any witnesses that are presented by

5 the Government.

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 that are conducted pursuant

10 to section 242(b).

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

12 information that a court of the United States may

13 receive or consider for the purpose of imposing an

14 appropriate 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 ORDERS OF DEPORTATION.—(A)(i) A judicial

21 order of deportation, or the denial of such an order,

22 may be appealed by either party to the court of ap23 peals for the circuit in which the district court is lo24 cated.
40

•S 2533 IS

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

4 ‘‘(iii) Upon the 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 that is described in section

8 106(a)(1), or the final dismissal of an appeal from

9 such a conviction, the order of deportation shall be10 come final and shall be executed at the end of the

11 prison term in accordance with the terms of the

12 order.

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

14 of a judicial order of deportation, the Commissioner

15 shall provide the defendant with a written notice of

16 the order of deportation, which shall designate the

17 defendant’s country of choice for deportation and

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

19 ‘‘(4) DENIAL OF JUDICIAL ORDER.—The denial

20 of a request for a judicial order of deportation shall

21 not preclude the Attorney General from initiating

22 deportation proceedings pursuant to section 242

23 upon the same ground of deportability or upon any

24 other ground of deportability that is provided under

25 section 241(a).’’.
41

•S 2533 IS

1 (b) TECHNICAL AND CONFORMING CHANGES.—The

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

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

4 out ‘‘The’’ and inserting in lieu thereof, ‘‘Except as pro5 vided in section 242A(d), the’’.

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

7 this section shall apply to all aliens whose adjudications

8 of guilt or guilty pleas are entered in the record after the

9 date of enactment of this Act.

10 SEC. 304. RESTRICTIONS ON DEFENSES TO DEPORTATION

11 BY CRIMINALS.

12 (a) DEFENSES BASED ON SEVEN YEARS OF PERMA13 NENT RESIDENCE.—The last sentence of section 212(c)

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

15 1182(c)) is amended by striking out ‘‘has served for such

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

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

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

19 5 years, if the time for appealing such a conviction or sen20 tence has expired and the sentence has become final.’’.

21 (b) DEFENSES BASED ON THE WITHHOLDING OF

22 DEPORTATION.—Section 243(h)(2) of the Immigration

23 and Nationality Act (9 U.S.C. 1253(h)(2)) is amended—

24 (1) by striking out the ‘‘or’’ at the end of sub25 paragraph (C);
42

•S 2533 IS

1 (2) by striking the period at the end of sub2 paragraph (D) and inserting ‘‘; or’’;

3 (3) by inserting after subparagraph (D) the fol4 lowing new subparagraph:

5 ‘‘(E) the alien has been convicted of an ag6 gravated felony.’’; and

7 (4) by striking the last sentence.

8 SEC. 305. ESTABLISHMENT OF ALIEN PRISONER TRANSFER

9 TREATY STUDY.

10 (a) REPORT TO CONGRESS.—Not later than 180 days

11 after the date of enactment of this Act, the Secretary of

12 State and the Attorney General shall submit to the Con13 gress a report that describes the use and effectiveness of

14 the Prisoner Transfer Treaty with Mexico (in this section

15 referred to as the ‘‘Treaty’’) to remove from the United

16 States aliens who have been convicted of crimes in the

17 United States.

18 (b) USE OF TREATY.—The report under subsection

19 (a) shall include the following information:

20 (1) The number of aliens who have been con21 victed of a criminal offense in the United States

22 since November 30, 1977, who have been, or are, eli23 gible for transfer pursuant to the Treaty.
43

•S 2533 IS

1 (2) The number of aliens who are described in

2 paragraph (1) who have been transferred pursuant

3 to the Treaty.

4 (3) The number of aliens who are described in

5 paragraph (2) who have been incarcerated in full

6 compliance with the Treaty.

7 (4) The number of aliens who are incarcerated

8 in a penal institution in the United States who are

9 eligible for transfer pursuant to the Treaty.

10 (5) The number of aliens who are described in

11 paragraph (4) who are incarcerated in State and

12 local penal institutions.

13 (c) EFFECTIVENESS OF TREATY.—The report under

14 subsection (a) shall include the recommendations of the

15 Secretary of State and the Attorney General to increase

16 the effectiveness and use of, and full compliance with, the

17 Treaty. In considering the recommendations under this

18 subsection, the Secretary and the Attorney General shall

19 consult with such State and local officials in areas that

20 are disproportionately harmed by aliens who have been

21 convicted of criminal offenses as the Secretary and the At22 torney General consider to be appropriate. Such rec23 ommendations shall address the following areas:

24 (1) Changes in Federal laws, regulations, and

25 policies affecting the identification, prosecution, and
44

•S 2533 IS

1 deportation of aliens who have committed criminal

2 offenses in the United States.

3 (2) Changes in State and local laws, regula4 tions, and policies affecting the identification, pros5 ecution, and deportation of aliens who have commit6 ted criminal offenses in the United States.

7 (3) Changes in the Treaty that may be nec8 essary in order to increase the number of aliens who

9 have been convicted of crimes who may be trans10 ferred pursuant to the Treaty.

11 (4) Methods for preventing the unlawful reentry

12 into the United States of aliens who have been con13 victed of criminal offenses in the United States and

14 transferred pursuant to the Treaty.

15 (5) Any recommendations of appropriate offi16 cials of the Mexican Government on programs to

17 achieve the goals of, and ensure full compliance

18 with, the Treaty.

19 (6) An assessment of whether the recommenda20 tions under this subsection require the renegotiation

21 of the Treaty.

22 (7) The additional funds required to implement

23 each recommendation under this subsection.

24 (d) DEFINITION.—As used in this section, the term

25 ‘‘Prisoner Transfer Treaty with Mexico’’ refers to the
45

•S 2533 IS

1 Treaty Between the United States of America and the

2 United Mexican States on the Execution of Penal Sen3 tences, done at Mexico City on November 25, 1976 (28

4 U.S.T. 7399).

5 Subtitle B—Terrorist Aliens

6 SEC. 311. REMOVAL OF ALIEN TERRORISTS.

7 (a) IN GENERAL.—The Immigration and Nationality

8 Act (8 U.S.C. 1101 et seq.) is amended by inserting after

9 section 242B the following new section:

10 ‘‘REMOVAL OF ALIEN TERRORISTS

11 ‘‘SEC. 242C. (a) DEFINITIONS.—As used in this sec12 tion—

13 ‘‘(1) the term ‘alien terrorist’ means any alien

14 who is described in section 241(a)(4)(B);

15 ‘‘(2) the term ‘classified information’ has the

16 same meaning as defined in section 1(a) of the Clas17 sified Information Procedures Act (18 U.S.C. App.

18 IV);

19 ‘‘(3) the term ‘national security’ has the same

20 meaning as defined in section 1(b) of the Classified

21 Information Procedures Act (18 U.S.C. App. IV);

22 ‘‘(4) the term ‘special court’ means the court

23 described in subsection (c) of this section; and

24 ‘‘(5) the term ‘special removal hearing’ means

25 the hearing described in subsection (e) of this sec26 tion.
46

•S 2533 IS

1 ‘‘(b) APPLICATION FOR USE OF PROCEDURES.—The

2 provisions of this section shall apply whenever the Attor3 ney General certifies under seal to the special court estab4 lished under subsection (c) that—

5 ‘‘(1) the Attorney General or Deputy Attorney

6 General has approved of the proceeding under this

7 section;

8 ‘‘(2) an alien terrorist is physically present in

9 the United States; and

10 ‘‘(3) removal of such alien terrorist by deporta11 tion proceedings described in section 242, 242A, or

12 242B would pose a risk to the national security of

13 the United States because such proceedings would

14 disclose classified information.

15 ‘‘(c) SPECIAL COURT.—(1) The Chief Justice of the

16 United States shall publicly designate up to 7 district

17 court judges who shall constitute a special court to hear

18 and decide cases that arise under this section, in a manner

19 consistent with the designation of judges described in sec20 tion 103(a) of the Foreign Intelligence Surveillance Act

21 (50 U.S.C. 1803(a)).

22 ‘‘(2) The Chief Justice may, in the Chief Justice’s

23 discretion, designate the same judges under this section

24 as are designated for service on the Foreign Intelligence
47

•S 2533 IS

1 Surveillance Court pursuant to section 103(a) of that Act

2 (50 U.S.C. 1803(a)).

3 ‘‘(d) INVOCATION OF SPECIAL COURT PROCE4 DURE.—(1) When the Attorney General makes the appli5 cation described in subsection (b), a single judge of the

6 special court shall consider the application in camera and

7 ex parte.

8 ‘‘(2) The judge shall invoke the procedures of sub9 section (e), if the judge determines that there is probable

10 cause to believe that—

11 ‘‘(A) the alien who is the subject of the applica12 tion has been correctly identified;

13 ‘‘(B) a deportation proceeding under section

14 242, 242A, or 242B would pose a risk to the na15 tional security of the United States because such

16 proceedings would disclose classified information;

17 and

18 ‘‘(C) the threat posed by the alien’s physical

19 presence is immediate and involves the risk of death

20 or serious bodily harm.

21 ‘‘(e) SPECIAL REMOVAL HEARING.—(1) Except as

22 provided in paragraph (4), the special removal hearing au23 thorized by a showing of probable cause described in sub24 section (d)(2) shall be open to the public.
48

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1 ‘‘(2) The alien shall have a right to be present at such

2 hearing and to be represented by counsel. Any alien who

3 is financially unable to obtain counsel shall be entitled to

4 have counsel assigned to represent such alien. Counsel

5 may be appointed as described in section 3006A of title

6 18, United States Code.

7 ‘‘(3) The alien shall have a right to introduce evi8 dence on his own behalf and, except as provided in para9 graph (4), shall have a right to cross-examine any witness

10 or request that the judge issue a subpoena for the pres11 ence of a named witness.

12 ‘‘(4) The judge shall authorize the introduction in

13 camera and ex parte of any item of evidence for which

14 the judge determines that public disclosure would pose a

15 risk to the national security of the United States because

16 it would disclose classified information.

17 ‘‘(5) With respect to any evidence described in para18 graph (4), the judge shall cause to be delivered to the alien

19 either—

20 ‘‘(A) the substitution for such evidence of—

21 ‘‘(i) a statement admitting relevant facts

22 that the specific evidence would tend to prove,

23 or

24 ‘‘(ii) a summary of the specific evidence; or
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1 ‘‘(B) if disclosure of even the substituted evi2 dence described in subparagraph (A) would create a

3 substantial risk of death or serious bodily harm to

4 any person, a statement informing the alien that no

5 such summary is possible.

6 ‘‘(6) If the judge determines—

7 ‘‘(A) that the substituted evidence described in

8 paragraph (4)(B) will provide the alien with sub9 stantially the same ability to make his defense as

10 would disclosure of the specific evidence, or

11 ‘‘(B) that disclosure of even the substituted evi12 dence described in paragraph (5)(A) would create a

13 substantial risk of death or serious bodily harm to

14 any person,

15 then the determination of deportability (described in sec16 tion (f)) may be made pursuant to this section.

17 ‘‘(f) DETERMINATION OF DEPORTABILITY.—(1) If

18 the determination in subsection (e)(6)(A) has been made,

19 then the judge shall, considering the evidence on the

20 record as a whole, require that the alien be deported if

21 the Attorney General has proven, by clear and convincing

22 evidence, that the alien is subject to deportation because

23 he is an alien as described in section 241(a)(4)(B).

24 ‘‘(2) If the determination in subsection (e)(6)(B) has

25 been made, then the judge shall, considering the evidence
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1 received (in camera and otherwise), require that the alien

2 be deported if the Attorney General proves, by clear, con3 vincing, and unequivocal evidence, that the alien is subject

4 to deportation because he is an alien as described in sec5 tion 241(a)(4)(B).

6 ‘‘(g) APPEALS.—(1) The alien may appeal a deter7 mination under subsection (f) to the Court of Appeals for

8 the Federal Circuit, by filing a notice of appeal with such

9 court within 20 days of the determination under such sub10 section.

11 ‘‘(2)(A) The Attorney General may appeal a deter12 mination under subsection (d), (e), or (f) to the Court of

13 Appeals for the Federal Circuit, by filing a notice of ap14 peal with such court within twenty days of the determina15 tion under any one of such subsections.

16 ‘‘(B) When requested by the Attorney General, the

17 entire record of the proceeding under this section shall be

18 transmitted to the Court of Appeals under seal. The Court

19 of Appeals shall consider such appeal in camera and ex

20 parte.’’.

21 (b) CONFORMING AMENDMENT.—Section 1295(a) of

22 title 28, United States Code, is amended—

23 (1) by striking ‘‘and’’ at the end of paragraph

24 (13);
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1 (2) by striking the period at the end of para2 graph (14) and inserting ‘‘; and’’; and

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

4 paragraph:

5 ‘‘(15) of an appeal under section 242C(g) of the

6 Immigration and Nationality Act.’’.

7 (c) CLERICAL AMENDMENT.—The table of contents

8 of the Immigration and Nationality Act is amended by in9 serting after the item relating to section 242B the follow10 ing new item:

‘‘Sec. 242C. Removal of alien terrorists.’’.

11 SEC. 312. MANDATORY EXCLUSION FOR MEMBERSHIP IN

12 TERROR GROUP.

13 Section 212(a)(3)(B) of the Immigration and Nation14 ality Act (8 U.S.C. 1182(a)(3)(B)) is amended—

15 (1) in clause (i)(II), by inserting ‘‘or’’ at the

16 end;

17 (2) by adding after clause (i)(II) the following:

18 ‘‘(III) is a member of an organi19 zation that engages in, or has engaged

20 in, terrorist activity or who actively

21 supports or advocates terrorist activ22 ity,’’; and

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

24 clause:
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1 ‘‘(iv) TERRORIST ORGANIZATION DE2 FINED.—As used in this subparagraph, the

3 term ‘terrorist organization’ means an or4 ganization that engages in terrorist activity

5 as determined by the Attorney General, in

6 consultation with the Secretary of State.’’.

7 Subtitle C—Enforcement of

8 Deportation Orders

9 SEC. 321. LIMITATIONS ON COLLATERAL ATTACKS ON UN10 DERLYING DEPORTATION ORDERS.

11 Section 276 of the Immigration and Nationality Act

12 (8 U.S.C. 1326) is amended by adding at the end the fol13 lowing new subsection:

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

15 no alien may challenge the validity of the deportation

16 order described in subsection (a)(1) or subsection (b) un17 less the alien demonstrates—

18 ‘‘(1) that the alien exhausted the administrative

19 remedies (if any) that may have been available to

20 seek relief against such order,

21 ‘‘(2) that the deportation proceedings at which

22 such order was issued improperly deprived the alien

23 of the opportunity for judicial review, and

24 ‘‘(3) that the entry of such order was fun25 damentally unfair.’’.
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1 Subtitle D—Expedited Asylum

2 Review at Ports of Entry

3 SEC. 331. ESTABLISHMENT OF EXPEDITED ASYLUM REVIEW

4 PROGRAM.

5 (a) IN GENERAL.—Section 235(b) (8 U.S.C. 1225

6 (b)) is amended to read as follows:

7 ‘‘(b) INSPECTION AND EXCLUSION BY IMMIGRATION

8 OFFICERS.—(1) An immigration officer shall inspect each

9 alien who is seeking entry to the United States.

10 ‘‘(2)(A) If the examining immigration officer deter11 mines that an alien seeking entry—

12 ‘‘(i) does not present the documentation re13 quired (if any) to obtain legal entry to the United

14 States; and

15 ‘‘(ii) does not indicate either an intention to

16 apply for provisional asylum (under section 208) or

17 a fear of persecution, the officer shall order the alien

18 excluded from the United States without further

19 hearing or review.

20 ‘‘(B) The examining immigration officer shall refer

21 for immediate inspection at the port of entry by an asylum

22 officer under subparagraph (C) any alien who (i) does not

23 present the documentation required (if any) to obtain legal

24 entry to the United States, and (ii) has indicated an inten25 tion to apply for provisional asylum or a fear of persecu-
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1 tion. Such an alien shall not be considered to have been

2 inspected and admitted for the purposes of this Act.

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

4 has a credible fear of persecution, then the alien shall be

5 entitled to apply for provisional asylum under section 208.

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

7 determines that an alien does not have a credible fear of

8 persecution, then the officer shall order the alien excluded

9 from the United States without further hearing or review.

10 ‘‘(II) The Attorney General shall promulgate regula11 tions to provide for the immediate review by another asy12 lum officer at the port of entry of a decision under

13 subclause (I).

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

15 term ‘credible fear of persecution’ means (I) that it is

16 more probable than not that the statements made by the

17 alien in support of his or her claim are true, and (II) that

18 there is a significant possibility, in light of such state19 ments and of such other facts as are known to the officer,

20 that the alien could establish eligibility for asylum under

21 section 208.

22 ‘‘(iv) Notwithstanding any other provision of law, no

23 court shall have jurisdiction to review, except by petition

24 for habeas corpus, any determination made with respect

25 to an alien found excludable pursuant to this paragraph.
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1 In any such case, review by habeas corpus shall be limited

2 to examination of whether the petitioner (I) is an alien,

3 and (II) was ordered excluded from the United States pur4 suant to this paragraph.

5 ‘‘(v) Notwithstanding any other provision of law, no

6 court shall have jurisdiction (I) to review the procedures

7 established by the Attorney General for the determination

8 of exclusion pursuant to this paragraph, or (II) to enter

9 declaratory or injunctive relief with respect to the imple10 mentation of this paragraph. Regardless of the nature of

11 the suit or claim, no court shall have jurisdiction except

12 by habeas corpus petition as provided in clause (iv) to con13 sider the validity of any adjudication or determination

14 under this paragraph or to provide declaratory or injunc15 tive relief with respect to the exclusion of any alien pursu16 ant to this paragraph.

17 ‘‘(vi) In any action brought for the assessment of

18 penalties for improper entry or re-entry of an alien under

19 sections 275 or 276, no court shall have jurisdiction to

20 hear claims collaterally attacking the validity of orders of

21 exclusion or deportation entered under section 235, 236,

22 or 242.

23 ‘‘(3)(A) Except as provided in subparagraph (B), if

24 the examining immigration officer determines that an

25 alien seeking entry is not clearly and beyond a doubt enti-
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1 tled to enter, the alien shall be detained for a hearing be2 fore a special inquiry officer.

3 ‘‘(B) The provisions of subparagraph (A) shall not

4 apply—

5 ‘‘(i) to an alien crewman,

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

7 or (2)(B), or

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

9 273(d) exist.

10 ‘‘(4) The decision of the examining immigration offi11 cer, if favorable to the admission of any alien, shall be

12 subject to challenge by any other immigration officer and

13 such challenge shall operate to take the alien, whose privi14 lege to enter is so challenged, before a special inquiry offi15 cer for a hearing on the exclusion of the alien.

16 ‘‘(5) An alien has not entered the United States for

17 the purposes of this Act unless and until such alien has

18 been inspected and admitted by an immigration officer

19 pursuant to this subsection.’’.

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

21 U.S.C. 1227(a)) is amended—

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

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

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

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

3 235(b)(2), if’’.

4 Subtitle E—Asylum Reform

5 SEC. 341. ASYLUM.

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

7 amended to read as follows:

8 ‘‘SEC. 208. ASYLUM.

9 ‘‘(a) PROVISIONAL ASYLUM.—

10 ‘‘(1) RIGHT TO APPLY.—The Attorney General

11 shall establish a procedure for an alien who is phys12 ically present in the United States or at a land bor13 der or port of entry, irrespective of such alien’s

14 status, to apply for provisional asylum in accordance

15 with this section.

16 ‘‘(2) CONDITIONS FOR GRANTING.—

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

18 General shall grant provisional asylum to an

19 alien if the alien applies for provisional asylum

20 in accordance with the requirements of this sec21 tion and establishes that it is more likely than

22 not that in the alien’s country of nationality

23 (or, in the case of a person having no national24 ity, the country in which such alien last habit25 ually resided) such alien’s life or freedom would
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1 be threatened on account of race, religion, na2 tionality, membership in a particular social

3 group, or political opinion.

4 ‘‘(B) DISCRETIONARY CASES.—The Attor5 ney General may grant provisional asylum to an

6 alien if the alien applies for provisional asylum

7 in accordance with the requirements of this sec8 tion and establishes that the alien is a refugee

9 within the meaning of section 101(a)(42).

10 ‘‘(C) EXCEPTIONS.—(i) Subparagraphs

11 (A) and (B) shall not apply to an alien if the

12 Attorney General determines that—

13 ‘‘(I) the alien ordered, incited, as14 sisted, or otherwise participated in the per15 secution of any person on account of race,

16 religion, nationality, membership in a par17 ticular social group, or political opinion;

18 ‘‘(II) the alien, having been convicted

19 by a final judgment of a particularly seri20 ous crime, constitutes a danger to the com21 munity of the United States;

22 ‘‘(III) there are serious reasons for

23 believing that the alien has committed a

24 serious nonpolitical crime outside the Unit-
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1 ed States prior to the arrival of the alien

2 in the United States;

3 ‘‘(IV) there are reasonable grounds

4 for regarding the alien as a danger to the

5 security of the United States; or

6 ‘‘(V) a country willing to accept the

7 alien has been identified (other than the

8 country described in subparagraph (A)) to

9 which the alien can be deported or re10 turned and the alien does not establish

11 that it is more likely than not that the

12 alien’s life or freedom would be threatened

13 in such country on account of race, reli14 gion, nationality, membership in a particu15 lar social group, or political opinion.

16 ‘‘(ii)(I) For the purposes of clause (i)(II),

17 an alien who has been convicted of an aggra18 vated felony shall be considered to have com19 mitted a particularly serious crime.

20 ‘‘(II) The Attorney General shall promul21 gate regulations that specify additional crimes

22 that will be considered to be crimes that are de23 scribed in clauses (i)(II) or (i)(III).

24 ‘‘(III) The Attorney General shall promul25 gate regulations establishing such additional
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1 limitations and conditions as the Attorney Gen2 eral considers to be appropriate under which an

3 alien shall be ineligible for provisional asylum

4 under subparagraph (B).

5 ‘‘(3) PROVISIONAL ASYLUM STATUS.—In the

6 case of any alien who is granted provisional asylum

7 under paragraph (2)(A), the Attorney General, in

8 accordance with this section—

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

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

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

12 employment in the United States and to provide

13 the alien with an ‘employment authorized’ en14 dorsement or other appropriate work permit;

15 and

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

17 with the prior consent of the Attorney General.

18 ‘‘(4) TERMINATION.—Provisional asylum grant19 ed under paragraph (2) may be terminated if the At20 torney General, pursuant to such regulations as the

21 Attorney General may prescribe, determines that—

22 ‘‘(A) the alien no longer meets the condi23 tions described in paragraph (2) owing to a

24 change in the circumstances in the alien’s coun25 try of nationality or, in the case of an alien
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1 having no nationality, in the country in which

2 the alien last habitually resided;

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

4 in paragraph (2)(C); or

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

6 has been identified (other than the country de7 scribed in paragraph (2)) to which the alien can

8 be deported or returned and the alien cannot

9 establish that it is more likely than not that the

10 alien’s life or freedom would be threatened in

11 such country on account of race, religion, na12 tionality, membership in a particular social

13 group, or political opinion.

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

15 the case of an alien who is described in paragraph

16 (2)(C)(i)(V) or paragraph (4)(C), the alien’s depor17 tation or return shall be directed, at the discretion

18 of the Attorney General, to any country that is will19 ing to accept the alien into its territory (other than

20 the country that is described in paragraph (2)(A)).

21 ‘‘(b) PROVISIONAL ASYLUM APPLICATIONS.—

22 ‘‘(1) IN GENERAL.—

23 ‘‘(A) DEADLINE.—Subject to subpara24 graph (B), an alien’s application for provisional
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1 asylum shall not be considered under this sec2 tion unless—

3 ‘‘(i) the alien has filed, not later than

4 30 days after entering or coming to the

5 United States, notice of intention to file

6 such an application, and

7 ‘‘(ii) such application is actually filed

8 not later than 60 days after entering or ar9 riving in the United States.

10 ‘‘(B) EXCEPTION.—An application for pro11 visional asylum may be considered, notwith12 standing that the requirements of subparagraph

13 (A) have not been met, only if the alien dem14 onstrates by clear and convincing evidence

15 changed circumstances in the alien’s country of

16 nationality (or in the case of an alien with no

17 nationality, in the country where the alien last

18 habitually resided) affecting eligibility for provi19 sional asylum.

20 ‘‘(2) REQUIREMENTS.—An application for pro21 visional asylum shall not be considered unless the

22 alien submits to the taking of fingerprints and a

23 photograph in a manner determined by the Attorney

24 General.
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1 ‘‘(3) PREVIOUS DENIAL OF ASYLUM.—An appli2 cation for provisional asylum shall not be considered

3 if the alien has been denied asylum by a country in

4 which the alien has had access to a full and fair pro5 cedure for determining his or her asylum claim in

6 accordance with a bilateral or multilateral agreement

7 between that country and the United States.

8 ‘‘(4) FEES.—In the discretion of the Attorney

9 General, the Attorney General may impose reason10 able fees for the consideration of an application for

11 provisional asylum, for employment authorization

12 under this section, and for adjustment of status

13 under section 209(b). The Attorney General is au14 thorized to provide for the assessment and payment

15 of any such fee over a period of time or by install16 ments.

17 ‘‘(5) EMPLOYMENT.—An applicant for provi18 sional asylum is not entitled to engage in employ19 ment in the United States. The Attorney General

20 may authorize an alien who has filed an application

21 for provisional asylum to engage in employment in

22 the United States, in the discretion of the Attorney

23 General.

24 ‘‘(6) NOTICE OF CONSEQUENCES OF FRIVOLOUS

25 APPLICATIONS.—At the time of the filing a notice of
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1 his or her intention to apply for provisional asylum,

2 the alien shall be advised of the consequences, under

3 subsection (e), of filing a frivolous application for

4 provisional asylum.

5 ‘‘(c) SANCTIONS FOR FAILURE TO APPEAR.—

6 ‘‘(1) Subject to paragraph (2), the application

7 for provisional asylum of an alien who does not ap8 pear for a hearing on such application shall be sum9 marily dismissed unless the alien can show excep10 tional circumstances (as defined in section

11 242B(f)(2)) as determined by an asylum officer or

12 an immigration judge.

13 ‘‘(2) Paragraph (1) shall not apply if written

14 and oral notice were not provided to the alien of the

15 time and place at which the asylum hearing was to

16 be held, and in the case of any change or postpone17 ment in such time or place, written and oral notice

18 were provided to the alien of the new time or place

19 of the hearing.

20 ‘‘(d) ASYLUM.—

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

22 regulations as the Attorney General may prescribe,

23 the Attorney General shall adjust to the status of an

24 alien granted asylum the status of any alien granted
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1 provisional asylum under subsection (a)(2)(A) or

2 (a)(2)(B) who—

3 ‘‘(A) applies for such adjustment;

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

5 United States for at least 1 year after being

6 granted provisional asylum;

7 ‘‘(C) continues to be eligible for provisional

8 asylum under this section; and

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

10 time of his or her examination for adjustment

11 of status under this subsection.

12 ‘‘(2) TREATMENT OF SPOUSES AND CHIL13 DREN.—A spouse or child (as defined in section

14 101(b)(1) (A), (B), (C), (D), or (E)) of an alien

15 whose status is adjusted to that of an alien granted

16 asylum under paragraph (a)(2) may be granted the

17 same status as the alien if he or she is accompany18 ing, or following to join, such an alien.

19 ‘‘(3) APPLICATION FEES.—The Attorney Gen20 eral may impose a reasonable fee for the filing of an

21 application for asylum under this subsection.

22 ‘‘(e) DENIAL OF IMMIGRATION BENEFITS FOR FRIV23 OLOUS APPLICATIONS.—

24 ‘‘(1) IN GENERAL.—If the Attorney General de25 termines that an alien has made a frivolous applica-
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1 tion for provisional asylum under this section and

2 the alien has received the notice under subsection

3 (b)(5), the alien shall be permanently ineligible for

4 any benefits under this Act, effective as of the date

5 of a final determination on such an application.

6 ‘‘(2) TREATMENT OF MATERIAL MISREPRESEN7 TATIONS.—For the purposes of this subsection, an

8 application considered to be ‘frivolous’ includes, but

9 is not limited to, an application that contains a will10 ful misrepresentation or concealment of a material

11 fact.’’.

12 (b) CLERICAL AMENDMENT.—The item in the table

13 of contents relating to section 208 is amended to read as

14 follows:

‘‘Sec. 208. Asylum.’’.

15 SEC. 342. FAILURE TO APPEAR FOR ASYLUM HEARING; JU16 DICIAL REVIEW.

17 (a) FAILURE TO APPEAR FOR PROVISIONAL ASYLUM

18 HEARING.—Section 242B(e)(4) (8 U.S.C. 1252b(e)(4)) is

19 amended—

20 (1) in the heading, by striking ‘‘ASYLUM’’ and

21 inserting ‘‘PROVISIONAL ASYLUM’’;

22 (2) by striking ‘‘asylum’’ each place it appears

23 and inserting ‘‘provisional asylum’’; and
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1 (3) in subparagraph (A), by striking all after

2 clause (iii) and inserting ‘‘shall not be eligible for

3 any benefits under this Act.’’.

4 (b) JUDICIAL REVIEW.—Section 106 (8 U.S.C.

5 1105a) is amended by adding at the end the following sub6 section:

7 ‘‘(d) The procedure prescribed by, and all the provi8 sions of chapter 158 of title 28, United States Code, shall

9 apply to, and shall be the sole and exclusive procedure for,

10 the judicial review of all final orders granting or denying

11 provisional asylum, except that—

12 ‘‘(1) a petition for review may be filed not later

13 than 90 days after the date of the issuance of the

14 final order granting or denying provisional asylum;

15 ‘‘(2) the venue of any petition for review under

16 this subsection shall be in the judicial circuit in

17 which the administrative proceedings were conducted

18 in whole or in part, or in the judicial circuit wherein

19 is the residence, as defined in this Act, of the peti20 tioner, but not in more than one circuit; and

21 ‘‘(3) notwithstanding any other provision of

22 law, a determination granting or denying provisional

23 asylum based on changed circumstances pursuant to

24 section 208(b)(1)(A)(ii) shall be in the sole discre-
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1 tion of the officer conducting the administrative pro2 ceeding.’’.

3 SEC. 343. CONFORMING AMENDMENTS.

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

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

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

7 U.S.C. 1159(b)) is amended—

8 (1) in paragraph (2), by striking ‘‘one year’’

9 and inserting ‘‘2 years’’; and

10 (2) by amending paragraph (3) to read as fol11 lows:

12 ‘‘(3) continues to be eligible for provisional asy13 lum under section 208,’’.

14 (c) ALIENS INELIGIBLE FOR TEMPORARY PRO15 TECTED STATUS.—Section 244A(c)(2)(B)(ii) (8 U.S.C.

16 1254a(c)(2)(B)(ii)) is amended by striking ‘‘section

17 243(h)(2)’’ and inserting ‘‘section 208(a)(2)(C)’’.

18 (d) ELIGIBILITY FOR NATURALIZATION.—Section

19 316(f)(1) (8 U.S.C. 1427(f)(1)) is amended by striking

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

21 and inserting ‘‘section 208(a)(2)(C).’’.

22 (e) FAMILY UNITY.—Section 301(e) of the Immigra23 tion Act of 1990 (Public Law 101–649) is amended by

24 striking ‘‘section 243(h)(2)’’ and inserting ‘‘section

25 208(a)(2)(C).’’.
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1 SEC. 344. EFFECTIVE DATES.

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

3 amendments made by this title shall take effect on the

4 date of enactment of this Act.

5 (b) EXCEPTIONS.—(1) The amendments made by

6 this title shall not apply to applications for asylum or the

7 withholding of deportation made before the first day of

8 the first month that begins more than 180 days after the

9 date on which this Act becomes law and no application

10 for provisional asylum under section 208 of the Immigra11 tion and Nationality Act (as amended by section 331 of

12 this title) shall be considered before such first day.

13 (2) In applying section 208(b)(1)(A) of the Immigra14 tion and Nationality Act (as amended by this title) in the

15 case of an alien who has entered or arrived in the United

16 States before the first day described in paragraph (1), not17 withstanding the deadlines specified in such section—

18 (A) the deadline for the filing of a notice of in19 tention to file an application for provisional asylum

20 is 30 days after such first day, and

21 (B) the deadline for the filing of the application

22 for provisional asylum is 30 days after the date of

23 the filing of such a notice.

24 (3) The amendment made by section 342(b) (relating

25 to adjustment of status) shall not apply to aliens who are

26 granted asylum under section 208 of the Immigration and
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1 Nationality Act, as in effect before the date of enactment

2 of this Act.

3 Subtitle F—Miscellaneous

4 Provisions

5 SEC. 351. AUTHORIZATION OF TELEPHONIC DEPORTATION

6 HEARINGS.

7 The second sentence of section 242(b) of the Immi8 gration and Nationality Act (8 U.S.C. 1252(b)) is amend9 ed by inserting before the period the following: ‘‘; except

10 that nothing in this subsection shall preclude the Attorney

11 General from authorizing proceedings by electronic or tele12 phonic media (with or without the consent of the alien)

13 or, where waived or agreed to by the parties, in the ab14 sence of the alien.’’.

15 SEC. 352. CONSTRUCTION OF EXPEDITED DEPORTATION

16 REQUIREMENTS.

17 No amendment made by this Act, and nothing in sec18 tion 242(i) of the Immigration and Nationality Act (8

19 U.S.C. 1252(i)), may be construed to create any right or

20 benefit, substantive or procedural, which is legally enforce21 able by any party against the United States, its agencies,

22 its officers or any other person.
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1 TITLE IV—EFFECTIVE DATE

2 SEC. 401. EFFECTIVE DATE.

3 Except as otherwise specifically provided in this Act,

4 this Act, and the amendments made by this Act, shall take

5 effect on October 1, 1994.

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