II

103D CONGRESS

2D SESSION S. 1923

To amend the Immigration and Nationality Act to curb criminal activity

by aliens, to defend against acts of international terrorism, to protect

American workers from unfair labor competition, and to relieve pressure

on public services by strengthening border security and stabilizing immigration into the United States.

IN THE SENATE OF THE UNITED STATES

MARCH 10 (legislative day, FEBRUARY 22), 1994

Mr. REID (for himself and Mr. SHELBY) 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 curb

criminal activity by aliens, to defend against acts of

international terrorism, to protect American workers

from unfair labor competition, and to relieve pressure

on public services by strengthening border security and

stabilizing 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 Stabiliza5 tion Act of 1994’’.
2

•S 1923 IS

1 SEC. 2. TABLE OF CONTENTS.

2 The table of contents of this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—ADMISSION OF IMMIGRANTS

Sec. 101. Reduction in annual 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. Repeals.

TITLE II—ADMISSION OF REFUGEES

Sec. 201. Numerical limitation on the admission of refugees.

Sec. 202. Congressional review.

Sec. 203. Repeal of Cuban Adjustment Act.

TITLE III—ASYLUM REFORM

Sec. 301. Inspection and exclusion by immigration officers.

Sec. 302. Asylum.

Sec. 303. Failure to appear for asylum hearing.

Sec. 304. Judicial review.

Sec. 305. Conforming amendments.

Sec. 306. Effective dates.

TITLE IV—CRIMINAL ALIENS

Sec. 401. Expansion in definition of ‘‘aggravated felony’’.

Sec. 402. Deportation procedures.

Sec. 403. Judicial deportation.

Sec. 404. Defenses to deportation.

Sec. 405. Enhanced penalties for reentry or failure to depart.

Sec. 406. Deportation of imprisoned aliens.

Sec. 407. Judicial order of deportation.

Sec. 408. Federal incarceration.

Sec. 409. Increased penalty for visa fraud.

Sec. 410. Notification of alien arrest.

Sec. 411. Excludability of unlawful entrants.

Sec. 412. Exclusion of immigration law violators.

Sec. 413. Miscellaneous and technical changes.

TITLE V—FINANCIAL RESPONSIBILITY

Sec. 501. Public charge defined.

Sec. 502. Guarantee of financial responsibility.

Sec. 503. Limited benefits for illegal aliens.

TITLE VI—EMPLOYER SANCTIONS

Sec. 601. Implementation of GAO recommendations.

Sec. 602. Verification by telephone.
3

•S 1923 IS

Sec. 603. Uniform vital statistics.

TITLE VII—BORDER SECURITY

Sec. 701. Border Patrol personnel.

Sec. 702. Border crossing fee.

Sec. 703. Border Control Trust Fund.

Sec. 704. Responsibility of international carriers.

TITLE VIII—ALIEN SMUGGLING

Sec. 801. Cooperative arrangements.

Sec. 802. Coast Guard instructions.

Sec. 803. Application of RICO.

Sec. 804. Increased penalties for alien smuggling.

Sec. 805. Expanded forfeiture for smuggling or harboring.

Sec. 806. Wiretap authority for alien smuggling investigations.

TITLE IX—EFFECTIVE DATE

Sec. 901. Effective date.

1 TITLE I—ADMISSION OF

2 IMMIGRANTS

3 SEC. 101. REDUCTION IN ANNUAL IMMIGRATION CEILINGS.

4 (a) FAMILY-SPONSORED IMMIGRATION.—Section

5 201(c)(1) of the Immigration and Nationality Act (8

6 U.S.C. 1151(c)(1)(A)(i)) is amended to read as follows:

7 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED

8 IMMIGRANTS.—(1) The worldwide level of family-spon9 sored immigrants under this subsection for a fiscal year

10 is equal to—

11 ‘‘(A) 325,000, minus

12 ‘‘(B) the number computed under paragraph

13 (2), plus

14 ‘‘(C) the number computed under paragraph

15 (3).’’.
4

•S 1923 IS

1 (b) EMPLOYMENT-BASED IMMIGRATION.—Section

2 201(d)(1)(A) of the Immigration and Nationality Act (8

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

4 and inserting ‘‘50,000’’.

5 (c) DIVERSITY IMMIGRATION.—(1) Section 201(a) of

6 the Immigration and Nationality Act (8 U.S.C. 1151(a))

7 is amended—

8 (A) by inserting ‘‘and’’ at the end of paragraph

9 (1);

10 (B) by striking ‘‘; and’’ at the end of paragraph

11 (2) and inserting a period; and

12 (C) by striking paragraph (3).

13 (2) Sections 201(e) (8 U.S.C. 1151(e)) and 203(c)

14 (8 U.S.C. 1153(c)) of the Immigration and Nationality

15 Act are hereby repealed.

16 SEC. 102. REDEFINITION OF IMMEDIATE RELATIVES.

17 Section 201(b)(2)(A)(i) of the Immigration and Na18 tionality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended by

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

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

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

22 ‘‘children and spouses’’.
5

•S 1923 IS

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 Act who

25 are the sons and daughters of citizens of the United

26 States shall be allocated visas in a number equal to
6

•S 1923 IS

1 75 percent of the maximum number of visas avail2 able but not issued under paragraphs (1) and (2).

3 ‘‘(4) SONS AND DAUGHTERS OF PERMANENT

4 RESIDENT ALIENS.—Qualified immigrants holding

5 priority dates as of the effective date of this Act who

6 are the sons and daughters of permanent resident

7 aliens shall be allocated visas in a number equal to

8 25 percent of the maximum number of visas avail9 able but not issued under paragraphs (1) and (2).

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

11 Qualified immigrants holding priority dates as of the

12 effective date of this Act who are the brothers or sis13 ters of citizens of the United States, if such citizens

14 are at least 21 years of age, shall be allocated visas

15 in a number equal to the number of visas not re16 quired for the classes specified in paragraphs (3)

17 and (4).’’.

18 SEC. 104. REVISION OF PREFERENCE ALLOCATIONS FOR

19 EMPLOYMENT-BASED IMMIGRANTS.

20 (a) ADJUSTMENT IN ALLOCATIONS AS PERCENTAGE

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

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

23 ‘‘50 percent’’.

24 (2) Section 203(b)(2)(A) of such Act is amended by

25 striking ‘‘28.6 percent’’ and inserting ‘‘50 percent’’.
7

•S 1923 IS

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

2 striking ‘‘, plus any visas not required for the classes spec3 ified in paragraphs (4) and (5),’’.

4 (b) ALLOCATIONS FOR BACKLOGGED PREVIOUS

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

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

7 amended to read as follows:

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

9 available in a number equal to the number of

10 visas not required for the classes specified in

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

12 of aliens not described in paragraph (2) who

13 are qualified immigrants holding priority dates

14 as of the effective date of this Act:’’.

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

16 1153(b)(4)) is amended by striking ‘‘in a number not to

17 exceed 7.1 percent of such worldwide level, to qualified

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

19 the number of visas not required for the classes specified

20 in paragraphs (1) through (3), to qualified special immi21 grants holding priority dates as of the effective date of

22 this Act who are’’.

23 (3) Section 203(b)(5)(A) of such Act (8 U.S.C.

24 1153(b)(5)(A)), in the text above clause (i), is amended

25 to read as follows:
8

•S 1923 IS

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

2 available in a number equal to the number of

3 visas not required for paragraphs (1) through

4 (4) to qualified immigrants holding priority

5 dates as of the effective date of this Act who

6 are seeking to enter the United States for the

7 purpose of engaging in a new commercial enter8 prise—’’.

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

10 1153(b)(6)) is repealed.

11 SEC. 105. CONFORMING AMENDMENTS.

12 Section 204 of the Immigration and Nationality Act

13 (8 U.S.C. 1154) is amended—

14 (1) in subsection (a)(1)—

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

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

17 ‘‘paragraph (1) or (3)’’;

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

19 ‘‘203(b)(2), or 203(b)(3)’’ and inserting ‘‘or

20 203(b)(2)’’;

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

22 as subparagraph (E);

23 (D) by striking subparagraph (E)(i);

24 (E) by striking subparagraph (F); and
9

•S 1923 IS

1 (F) by redesignating subparagraph (G) as

2 subparagraph (F); and

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

4 203(b)(3)’’.

5 SEC. 106. TRANSITION.

6 (a) PARENTS OF CITIZENS; UNMARRIED SONS AND

7 DAUGHTERS OF CITIZENS.—Any petition filed under sec8 tion 204(a) of the Immigration and Nationality Act before

9 the effective date of this Act for—

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

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

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

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

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

15 by virtue of being the spouse or child of a perma16 nent resident alien, or

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

18 by virtue of being the son or daughter of a perma19 nent resident alien,

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

21 under such section for preference status under section

22 203(a)(2), section 203(a)(3), 203(a)(1), or 203(a)(4), re23 spectively, of such Act (as amended by this Act).

24 (b) ELIMINATED PREFERENCE CLASSIFICATIONS.—

25 Beginning on the effective date of this Act—
10

•S 1923 IS

1 (1) the Attorney General may not accept any

2 petition filed under section 204(a) for classification

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

4 203(b)(5), as in effect before the effective date of

5 this Act; and

6 (2) each priority date established before the ef7 fective date of this Act shall be maintained with re8 spect to any petition filed under section 204(a) of

9 the Immigration and Nationality Act before such

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

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

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

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

14 SEC. 107. REPEALS.

15 The following provisions of law are repealed:

16 (1) Section 584 of the Foreign Operations, Ex17 port Financing, and Related Programs Appropria18 tions Act, 1988 (as contained in section 101(e) of

19 Public Law 100–202; 101 Stat. 1329–183) (relating

20 to the admission of Amerasians).

21 (2) Section 132 of the Immigration Act of 1990

22 (Public Law 101–649) (relating to the admission of

23 aliens from adversely affected foreign countries).
11

•S 1923 IS

1 (3) Section 301 of the Immigration Act of 1990

2 (Public Law 101–649) (relating to admission of de3 pendents of legalized aliens).

4 TITLE II—ADMISSION OF

5 REFUGEES

6 SEC. 201. NUMERICAL LIMITATION ON THE ADMISSION OF

7 REFUGEES.

8 Section 207(a) of the Immigration and Nationality

9 Act (8 U.S.C. 1157(a)) is amended—

10 (1) by amending paragraph (1) to read as fol11 lows: ‘‘(1) Except as provided in subsection (b), the

12 number of refugees who may be admitted under this

13 section in any fiscal year may not exceed 50,000.’’;

14 (2) by striking paragraph (2); and

15 (3) by redesignating paragraphs (3) and (4) as

16 paragraphs (2) and (3), respectively.

17 SEC. 202. CONGRESSIONAL REVIEW.

18 Section 207(b) of the Immigration and Nationality

19 Act (8 U.S.C. 1157(b)) is amended—

20 (1) by redesignating paragraphs (1), (2), and

21 (3) as clauses (A), (B), and (C), respectively;

22 (2) by striking ‘‘(b) If’’ and inserting ‘‘(b)(1)

23 Subject to paragraph (2), if’’;
12

•S 1923 IS

1 (3) by striking ‘‘may fix a number’’ and insert2 ing ‘‘may recommend to the Congress a number’’;

3 and

4 (4) by adding at the end the following:

5 ‘‘(2)(A) The number of refugee admissions proposed

6 under paragraph (1) shall be effective only if the Con7 gress, within 30 days of receipt of such recommendation,

8 enacts a joint resolution approving the number of refugees

9 to be admitted.

10 ‘‘(B) The President may waive the application of sub11 paragraph (A) if he certifies to the Congress that it is

12 important to the national interest to do so.

13 ‘‘(3) A joint resolution described in paragraph (2)

14 shall be considered in accordance with paragraphs (3)

15 through (7) of section 8066(c) of the Department of De16 fense Appropriation Act, 1985 (as contained in Public

17 Law 98–473), except that references in such paragraphs

18 to the Committee on Appropriations shall be deemed to

19 be references to the Committee on the Judiciary.’’.

20 SEC. 203. REPEAL OF CUBAN ADJUSTMENT ACT.

21 Public Law 89–732, as amended by Public Law 94–

22 571, is repealed.
13

•S 1923 IS

1 TITLE III—ASYLUM REFORM

2 SEC. 301. INSPECTION AND EXCLUSION BY IMMIGRATION

3 OFFICERS.

4 (a) INSPECTION OF ALIENS.—Section 235(b) of the

5 Immigration and Nationality Act (8 U.S.C. 1225(b)) is

6 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 asylum (under section 208) or a fear of

17 persecution, the officer shall order the alien excluded

18 from the United States without further hearing or

19 review.

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

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

22 officer under subparagraph (C) any alien who has indi23 cated an intention to apply for asylum or a fear of perse24 cution.
14

•S 1923 IS

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

2 has a credible fear of persecution, the alien shall be enti3 tled to apply for asylum under section 208.

4 ‘‘(ii) If an asylum officer determines that an alien

5 does not have a credible fear of persecution the officer

6 shall order the alien excluded from the United States with7 out further hearing or review.

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

9 the examining immigration officer determines that an

10 alien seeking entry is not clearly and beyond a doubt enti11 tled to enter, the alien shall be detained for a hearing be12 fore a special inquiry officer.

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

14 apply—

15 ‘‘(i) to an alien crewman,

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

17 or (2)(C)(ii), or

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

19 273(d) exist.

20 ‘‘(4) The decision of the examining immigration offi21 cer, if favorable to the admission of any alien, shall be

22 subject to challenge by any other immigration officer and

23 such challenge shall operate to take the alien, whose privi24 lege to enter is so challenged, before a special inquiry offi25 cer for a hearing on exclusion of the alien.
15

•S 1923 IS

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

2 not entered the United States for purposes of this Act un3 less and until such alien has been inspected and admitted

4 by an immigration officer pursuant to this subsection.

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

6 United States, (ii) has been physically present in the Unit7 ed States for a continuous period of 1 year, and (iii) has

8 not been inspected and admitted by an immigration officer

9 shall be deemed to have entered the United States without

10 inspection.’’.

11 (b) GROUNDS FOR EXCLUSION.—Section 212(a)(6)

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

13 1182(a)(6)) is amended by adding at the end the following

14 new subparagraphs:

15 ‘‘(G)(i) Any alien who, in seeking entry to the United

16 States or boarding a common carrier for the purpose of

17 coming to the United States, presents any document which

18 is forged, counterfeit, altered, falsely made, stolen, or in19 applicable to the alien presenting the document, or other20 wise contains a misrepresentation of a material fact, is

21 excludable.

22 ‘‘(ii) Clause (i) shall not apply to an alien if, in the

23 determination of the asylum officer, the document or docu24 ments to which that clause refers were presented by the

25 alien solely to enable the alien to depart directly from—
16

•S 1923 IS

1 ‘‘(I) a country in which the alien had a credible

2 fear of persecution; or

3 ‘‘(II) a country in which there was a significant

4 danger that the alien would be returned to a country

5 in which the alien would have a credible fear of per6 secution.

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

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

9 more probable than not that the statements made by the

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

11 there is a significant possibility, in light of such state12 ments and of such other facts as are known to the officer

13 that the alien could establish eligibility for asylum under

14 section 208.

15 ‘‘(H) Any alien who, in boarding a common carrier

16 for the purpose of coming to the United States, presents

17 a document that relates or purports to relate to the alien’s

18 eligibility to enter the United States, and fails to present

19 such document to an immigration officer upon arrival at

20 a port of entry into the United States, is excludable.’’.

21 (c) CONFORMING AMENDMENTS.—Section 237(a) (8

22 U.S.C. 1227(a)) is amended—

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

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

25 section 235(b)(2), deportation’’; and
17

•S 1923 IS

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

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

3 235(b)(2), if’’.

4 SEC. 302. ASYLUM.

5 Section 208 (8 U.S.C. 1158) is amended to read as

6 follows:

7 ‘‘SEC. 208. (a) ASYLUM.—

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

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

10 port of entry may apply for asylum in accordance

11 with this section.

12 ‘‘(2) CONDITIONS FOR GRANTING.—

13 ‘‘(A) GRANTS BY ATTORNEY GENERAL.—

14 The Attorney General may grant asylum to an

15 alien if the alien applies for asylum in accord16 ance with the requirements of this section and

17 establishes that it is more probable than not

18 that in the alien’s country of nationality (or, in

19 the case of a person having no nationality, the

20 country in which such alien last habitually re21 sided) such alien would be arrested and incar22 cerated or such alien’s life would be threatened

23 on account of race, religion, nationality, mem24 bership in a particular social group, or political

25 opinion.
18

•S 1923 IS

1 ‘‘(B) EXCEPTION.—Subparagraph (A)

2 shall not apply to an alien if the Attorney Gen3 eral determines that—

4 ‘‘(i) the alien ordered, incited, as5 sisted, or otherwise participated in the per6 secution of any person on account of race,

7 religion, nationality, membership in a par8 ticular social group, or political opinion;

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

10 by a final judgment of a particularly seri11 ous crime, constitutes a danger to the com12 munity of the United States;

13 ‘‘(iii) there are serious reasons for be14 lieving that the alien has committed a seri15 ous nonpolitical crime outside the United

16 States prior to the arrival of the alien in

17 the United States;

18 ‘‘(iv) there are reasonable grounds for

19 regarding the alien as a danger to the se20 curity of the United States; or

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

22 alien has been identified (other than the

23 country described in subparagraph (A)) to

24 which the alien can be deported or re25 turned and the alien does not establish
19

•S 1923 IS

1 that it is more likely than not that the

2 alien would be incarcerated or the alien’s

3 life would be threatened in such country on

4 account of race, religion, nationality, mem5 bership of a particular social group, or po6 litical opinion.

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

8 convicted of an aggravated felony shall be considered

9 to have committed a particularly serious crime. The

10 Attorney General shall promulgate regulations that

11 specify additional crimes that will be considered to

12 be a crime described in clause (ii) or clause (iii).

13 ‘‘(3) ASYLUM STATUS.—In the case of any alien

14 granted asylum under paragraph (2), the Attorney

15 General, in accordance with this section—

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

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

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

19 employment in the United States and provide

20 the alien with an ‘employment authorized’ en21 dorsement or other appropriate work permit;

22 and

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

24 with the prior consent of the Attorney General,

25 except that such travel may not be authorized
20

•S 1923 IS

1 to the country from which the alien claimed to

2 be fleeing persecution.

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

4 paragraph (2) shall be terminated if the Attorney

5 General, pursuant to such regulations as the Attor6 ney General may prescribe, determines that—

7 ‘‘(A) the alien no longer meets the condi8 tions described in paragraph (2) owing to a

9 change in circumstances in the alien’s country

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

11 no nationality, in the country in which the alien

12 last habitually resided;

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

14 in paragraph (2)(B);

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

16 has been identified (other than the country de17 scribed in paragraph (2)) to which the alien can

18 be deported or returned and the alien cannot

19 establish that it is more likely than not that the

20 alien would be arrested or incarcerated in such

21 country on account of race, religion, nationality,

22 membership in a particular social group, or po23 litical opinion; or

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

25 which the alien claimed to be fleeing persecu-
21

•S 1923 IS

1 tion or makes application with the Attorney

2 General to return to the country from which the

3 alien claimed to fleeing persecution.

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

5 the case of an alien described in paragraph (2)(B)(v)

6 or paragraph (4)(C), the alien’s deportation or re7 turn shall be directed by the Attorney General in the

8 sole discretion of the Attorney General, to any coun9 try which is willing to accept the alien into its terri10 tory (other than the country described in paragraph

11 (2)).

12 ‘‘(b) ASYLUM PROCEDURE.—

13 ‘‘(1) APPLICATIONS.—

14 ‘‘(A) IN GENERAL.—

15 ‘‘(i) DEADLINE.—Subject to clause

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

17 not be considered under this section un18 less—

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

20 than 30 days after entering or coming

21 to the United States, notice of inten22 tion to file such an application, and

23 ‘‘(II) such application is actually

24 filed not later than 45 days after en25 tering or coming to the United States.
22

•S 1923 IS

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

2 asylum may be considered, notwithstanding

3 that the requirements of clause (i) have

4 not been met, only if the alien dem5 onstrates by clear and convincing evidence

6 changed circumstances in the alien’s coun7 try of nationality (or in the case of an

8 alien with no nationality, in the country

9 where the alien last habitually resided) af10 fecting eligibility for asylum.

11 ‘‘(B) REQUIREMENTS.—An application for

12 asylum shall not be considered unless the alien

13 submits to the taking of fingerprints and a pho14 tograph in a manner determined by the Attor15 ney General.

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

17 provide for a reasonable fee for the consider18 ation of an application for asylum or for any

19 employment authorization under subsection

20 (a)(3)(B).

21 ‘‘(D) NOTICE OF PRIVILEGE OF COUNSEL

22 AND CONSEQUENCES OF FRIVOLOUS APPLICA23 TION.—At the time of filing a notice of inten24 tion to apply for asylum, the alien shall be ad25 vised of the privilege of being represented (at
23

•S 1923 IS

1 no expense to the government) by such counsel,

2 authorized to practice in such proceedings, as

3 the alien shall choose and of the consequences,

4 under subsection (d), of filing a frivolous appli5 cation for asylum.

6 ‘‘(2) CONSIDERATION OF APPLICATIONS; HEAR7 INGS.—

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

9 asylum shall be considered by officers of the

10 Service (referred to in this Act as ‘asylum offi11 cers’) who are specially designated by the Serv12 ice as having special training and knowledge of

13 international conditions and human rights

14 records of foreign countries. Pending the des15 ignation of such officers, individuals who as of

16 the date of the enactment of the Immigration

17 Stabilization Act of 1994 are authorized to per18 form duties as asylum officers shall be deemed

19 to be qualified to be asylum officers for pur20 poses of this Act.

21 ‘‘(B) SCHEDULING OF HEARINGS.—

22 ‘‘(i) IN GENERAL.—Upon the filing of

23 an application for asylum, an asylum offi24 cer, at the earliest practicable time and

25 after consultation with the attorney for the
24

•S 1923 IS

1 Government and the attorney (if any) for

2 the applicant, shall set the application for

3 hearing on a day certain or list it on a

4 weekly or other short-term calendar, so as

5 to assure a speedy hearing.

6 ‘‘(ii) DEADLINE.—Unless the appli7 cant (or an attorney for the applicant) con8 sents in writing to the contrary, the hear9 ing on the temporary asylum application

10 shall commence not later than 45 days

11 after the date the application was filed.

12 ‘‘(C) PUBLIC HEARINGS.—A hearing on an

13 asylum application shall be open to the public

14 unless the applicant requests that it be closed

15 to the public.

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

17 shall, to the extent practicable, conduct the

18 hearing in a nonadversarial manner. During

19 such hearing, the applicant shall have the privi20 lege of the assistance and participation of coun21 sel (as provided under paragraph (1)(D)) and

22 both the government and the applicant shall be

23 entitled to present evidence and witnesses, to

24 examine and object to evidence, and to cross-ex25 amine all witnesses.
25

•S 1923 IS

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

2 may request opinions regarding country condi3 tions from the Secretary of State, but shall not

4 request or consider recommendations from the

5 Secretary of State as to whether a particular

6 named individual should or should not be grant7 ed asylum.

8 ‘‘(F) TRANSCRIPT OF HEARINGS.—A com9 plete record of the proceedings and of all testi10 mony and evidence produced at the hearing

11 shall be kept. The hearing shall be recorded

12 verbatim. The Attorney General and the Service

13 shall provide that a transcript of a hearing held

14 under this section is made available not later

15 than 10 days after the date of completion of the

16 hearing.

17 ‘‘(G) DEADLINE FOR DETERMINATIONS ON

18 APPLICATIONS.—The officer shall render a de19 termination on the application not later than 30

20 days after the date of completion of the hear21 ing. The determination of the officer shall be

22 based only on the officer’s knowledge of inter23 national conditions and human rights records of

24 foreign countries, and evidence produced at the

25 hearing.
26

•S 1923 IS

1 ‘‘(H) RESOURCE ALLOCATION.—The At2 torney General shall allocate sufficient re3 sources so as to assure that applications for

4 asylum are heard and determined on a timely

5 basis. However, nothing in this paragraph relat6 ing to scheduling or deadlines shall be con7 strued as creating any right or benefit, sub8 stantive or procedural, which is legally enforce9 able by any party against the United States, its

10 agencies, its officers, or any other person.

11 ‘‘(I) SANCTIONS FOR FAILURE TO AP12 PEAR.—

13 ‘‘(i) Subject to clause (ii), the applica14 tion for asylum of an alien who does not

15 appear for a hearing on such application

16 shall be summarily dismissed unless the

17 alien can show exceptional circumstances

18 (as defined in section 242B(f)(2)) as deter19 mined by the asylum officer.

20 ‘‘(ii) Clause (i) shall not apply if writ21 ten and oral notice were not provided as

22 required by section 242B(e)(4)(B).

23 ‘‘(iii) Except in exceptional cir24 cumstances (as defined in section

25 242B(f)(2)), an application summarily dis-
27

•S 1923 IS

1 missed in accordance with clause (i) shall

2 not be reopened or reconsidered nor shall

3 a new application for asylum be enter4 tained by the Attorney General at any

5 time.

6 ‘‘(J) FINALITY OF DETERMINATIONS.—

7 ‘‘(i) IN GENERAL.—The decision of

8 the asylum officer shall be the final admin9 istrative determination of a claim for asy10 lum.

11 ‘‘(ii) TREATMENT OF CASES IN EX12 CLUSION OR DEPORTATION.—If proceed13 ings are instituted against an alien under

14 section 235 or 242 of this Act and the

15 alien files an application for asylum based

16 on circumstances described in subsection

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

18 render, on an expedited basis, a decision

19 on the application.

20 ‘‘(c) ASYLUM STATUS ADJUSTMENTS.—

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

25 asylum under subsection (a)(2)(A) who—
28

•S 1923 IS

1 ‘‘(A) applies for such adjustment;

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

3 United States for at least 3 years after being

4 granted asylum;

5 ‘‘(C) continues to be eligible for asylum

6 under this section; and

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

8 time of examination for adjustment of status

9 under this subsection.

10 ‘‘(2) TREATMENT OF SPOUSE AND CHIL11 DREN.—A spouse or child (as defined in section

12 101(b)(A), (B), (C), (D), or (E)) of an alien whose

13 status is adjusted to that of an alien granted asylum

14 under subsection (a)(2) may be granted the same

15 status as the alien if accompanying, or following to

16 join, such alien.

17 ‘‘(3) APPLICATION FEES.—The Attorney Gen18 eral may impose a reasonable fee for the filing of an

19 application for adjustment to the status of an alien

20 granted asylum under this subsection.

21 ‘‘(d) DENIAL OF IMMIGRATION BENEFITS FOR FRIV22 OLOUS APPLICATIONS.—

23 ‘‘(1) IN GENERAL.—If the asylum officer deter24 mines that an alien has made a frivolous application

25 for asylum under this section and the alien has re-
29

•S 1923 IS

1 ceived the notice under subsection (b)(1)(D)(i), the

2 alien shall be permanently ineligible for any benefits

3 under this Act, effective as of the date of a final de4 termination on such application.

5 ‘‘(2) TREATMENT OF FRAUDULENT OR MATE6 RIAL MISREPRESENTATIONS.—For purposes of this

7 subsection, an application considered to be ‘frivolous’

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

9 is fraudulent or otherwise contains a willful mis10 representation or concealment of a material fact.’’.

11 SEC. 303. FAILURE TO APPEAR FOR ASYLUM HEARING.

12 Section 242B(e)(4) (8 U.S.C. 1252b(e)(4)) is amend13 ed in subparagraph (A)—

14 (1) by inserting ‘‘and’’ at the end of clause (i);

15 and

16 (2) by striking all after clause (iii) and insert17 ing ‘‘shall not be eligible for any benefits under this

18 Act.’’.

19 SEC. 304. JUDICIAL REVIEW.

20 Section 235 of the Immigration and Nationality Act

21 (8 U.S.C. 1225) is amended by adding at the end thereof:

22 ‘‘(d) 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 titles I or II of
30

•S 1923 IS

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

2 be limited to examination of whether the petitioner (1) is

3 an alien, and (2) was ordered excluded from the United

4 States pursuant to the provisions of this Act. Notwith5 standing the nature of the suit or claim, no court shall

6 have jurisdiction except as provided in this subsection to

7 consider the validity of any adjudication or determination

8 of exclusion, to certify a class in an action challenging the

9 exclusion provisions of this Act or any portion or imple10 mentation thereof, or to provide declaratory or injunctive

11 relief with respect to the exclusion of any alien.

12 ‘‘(e) In any action brought for the assessment of pen13 alties for improper entry or reentry of an alien under sec14 tion 275, 276, 277, or 278 of this Act, no court shall have

15 jurisdiction to hear claims collaterally attacking the valid16 ity of orders of exclusion, or deportation entered under

17 section 235, 236, or 242 of this Act.’’.

18 SEC. 305. CONFORMING AMENDMENTS.

19 Section 209(b) of the Immigration and Nationality

20 Act (8 U.S.C. 1159(b)) is amended—

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

22 and inserting ‘‘5 years’’; and

23 (2) by amending paragraph (3) to read as fol24 lows:
31

•S 1923 IS

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

2 section 208,’’.

3 SEC. 306. EFFECTIVE DATES.

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

5 amendments made by this title shall take effect on the

6 date of the enactment of this Act.

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

8 this title shall not apply to applications for asylum or with9 holding of deportation made before the first day of the

10 first month that begins more than 180 days after the date

11 of the enactment of this Act and no application for asylum

12 under section 208 of the Immigration and Nationality Act

13 (as amended by section 201 of this Act) shall be consid14 ered before such first day.

15 (2) In applying section 208(b)(1)(A) of the Immigra16 tion and Nationality Act (as amended by this title) in the

17 case of an alien who has entered or came to the United

18 States before the first day described in paragraph (1), not19 withstanding the deadlines specified in such section—

20 (A) the deadline for the filing of a notice of in21 tention to file an application for asylum is 30 days

22 after such first day, and

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

24 for asylum is 45 days after the date of filing such

25 notice.
32

•S 1923 IS

1 (3) The amendments made by section 305(b) (relat2 ing to adjustment of status) shall not apply to aliens

3 granted asylum under section 208 of the Immigration and

4 Nationality Act, as in effect before the date of the enact5 ment of this Act.

6 TITLE IV—CRIMINAL ALIENS

7 SEC. 401. EXPANSION IN DEFINITION OF ‘‘AGGRAVATED

8 FELONY’’.

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

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

11 1101(a)(43)) is amended to read as follows:

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

13 ‘‘(A) murder;

14 ‘‘(B) any illicit trafficking in any con15 trolled substance (as defined in section 102 of

16 the Controlled Substances Act), including any

17 drug trafficking crime as defined in section

18 924(c) of title 18, United States Code;

19 ‘‘(C) any illicit trafficking in any firearms

20 or destructive devices as defined in section 921

21 of title 18, United States Code, or in explosive

22 materials as defined in section 841(c) of title

23 18, United States Code;

24 ‘‘(D) any offense described in (i) section

25 1956 of title 18, United States Code (relating
33

•S 1923 IS

1 to laundering of monetary instruments) or (ii)

2 section 1957 of such title (relating to engaging

3 in monetary transactions in property derived

4 from specific unlawful activity) if the value of

5 the funds exceeded $100,000;

6 ‘‘(E) any offense described in—

7 ‘‘(i) subsection (h) or (i) of section

8 842, title 18, United States Code, or sub9 section (d), (e), (f), (g), (h), or (i) of sec10 tion 844 of title 18, United States Code

11 (relating to explosive materials offenses),

12 ‘‘(ii) paragraph (1), (2), (3), (4), or

13 (5) of section 922(g), or section 922(j),

14 section 922(n), section 922(o), section

15 922(p), section 922(r), section 924(b), or

16 section 924(h) of title 18, United States

17 Code (relating to firearms offenses), or

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

19 States Code (relating to firearms offenses);

20 ‘‘(F) any crime of violence (as defined in

21 section 16 of title 18, United States Code, not

22 including a purely political offense) for which a

23 sentence of 5 years imprisonment or more may

24 be imposed;
34

•S 1923 IS

1 ‘‘(G) any theft offense (including receipt of

2 stolen property) or any burglary offense, where

3 a sentence of 5 years imprisonment or more

4 may be imposed;

5 ‘‘(H) any offense described in section 875,

6 section 876, section 877, or section 1202 of

7 title 18, United States Code (relating to the de8 mand for or receipt of ransom);

9 ‘‘(I) any offense described in section 2251,

10 section 2251A or section 2252 of title 18, Unit11 ed States Code (relating to child pornography);

12 ‘‘(J) any offense described in—

13 ‘‘(i) section 1962 of title 18, United

14 States Code (relating to racketeer influ15 enced corrupt organizations), or

16 ‘‘(ii) section 1084 (if it is a second or

17 subsequent offense) or section 1955 of

18 such title (relating to gambling offenses),

19 where a sentence of 5 years imprisonment

20 or more may be imposed;

21 ‘‘(K) any offense relating to the bribery or

22 attempted bribery of an official or agent of the

23 Government of the United States or of an offi24 cial or agent of any political subdivision of the

25 United States;
35

•S 1923 IS

1 ‘‘(L) any offense relating to commercial

2 bribery, counterfeiting, forgery or trafficking in

3 vehicles whose identification numbers have been

4 altered, where a sentence of 5 years imprison5 ment or more may be imposed;

6 ‘‘(M) any offense—

7 ‘‘(i) described in section 2421, section

8 2422, or section 2423 of title 18, United

9 States Code (relating to transportation for

10 the purpose of prostitution), or

11 ‘‘(ii) described in section 1581

12 through 1585, or section 1588, of title 18,

13 United States Code (relating to peonage,

14 slavery, and involuntary servitude);

15 ‘‘(N) any offense relating to perjury or

16 subornation of perjury where a sentence of 5

17 years imprisonment or more may be imposed;

18 ‘‘(O) any offense described in—

19 ‘‘(i) section 793 (relating to gathering

20 or transmitting national defense informa21 tion), section 798 (relating to disclosure of

22 classified information), section 2153 (relat23 ing to sabotage) or section 2381 or section

24 2382 (relating to treason) of title 18, Unit25 ed States Code, or
36

•S 1923 IS

1 ‘‘(ii) section 421 of title 50, United

2 States Code (relating to protecting the

3 identity of undercover intelligence agents);

4 ‘‘(P) any offense—

5 ‘‘(i) involving fraud or deceit where

6 the loss to the victim or victims exceeded

7 $200,000; or

8 ‘‘(ii) described in section 7201 of title

9 26, United States Code (relating to tax

10 evasion), where the tax loss to the Govern11 ment exceeds $200,000;

12 ‘‘(Q) any offense described in section

13 1324(a)(1) of title 8, United States Code (relat14 ing to alien smuggling) for the purpose of com15 mercial advantage;

16 ‘‘(R) any violation of section 1546(a) of

17 title 18, United States Code (relating to docu18 ment fraud), for the purpose of commercial ad19 vantage;

20 ‘‘(S) any offense relating to failing to ap21 pear before a court pursuant to a court order

22 to answer to or dispose of a charge of a felony,

23 where a sentence of 2 years or more may be im24 posed; or any attempt or conspiracy to commit

25 any such act; or
37

•S 1923 IS

1 ‘‘(T) any felony committed by an alien on

2 or after the date that alien had received a waiv3 er of deportation under section 212 or 241 of

4 this Act (8 U.S.C. 1182 or 1251) after commis5 sion of a prior felony.’’.

6 Such term applies to offenses described in this paragraph

7 whether in violation of Federal or State law and applies

8 to such offenses in violation of the laws of a foreign coun9 try for which the term of imprisonment was completed

10 within the previous 15 years.

11 (b) EFFECTIVE DATE.—The amendments made by

12 this section shall apply to all convictions entered before,

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

14 SEC. 402. DEPORTATION PROCEDURES.

15 (a) ELIMINATION OF ADMINISTRATIVE HEARING FOR

16 CERTAIN CRIMINAL ALIENS.—Section 242A of the Immi17 gration and Nationality Act (8 U.S.C. 1252a) is amend18 ed—

19 (1) in subsection (a)—

20 (A) by inserting ‘‘DEPORTATION OF PER21 MANENT RESIDENT ALIENS.—(1)’’ after ‘‘(a)’’;

22 and

23 (B) by inserting in the first sentence ‘‘per24 manent resident’’ after ‘‘correctional facilities

25 for’’;
38

•S 1923 IS

1 (2) in subsection (b)—

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

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

4 (B) by striking ‘‘respect to an’’ and insert5 ing ‘‘respect to a permanent resident’’; and

6 (3) by adding the following after subsection (a),

7 as amended herein:

8 ‘‘(b) DEPORTATION OF ALIENS WHO ARE NOT PER9 MANENT RESIDENTS.—(1) Notwithstanding section 242,

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

11 issue a final order of deportation against any alien de12 scribed in paragraph (2) whom the Attorney General de13 termines to be deportable under section 241(a)(2)(A)(iii)

14 (relating to conviction of an aggravated felony).

15 ‘‘(2) An alien is described in this paragraph if the

16 alien—

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

18 residence at the time that proceedings under this

19 section commenced, or

20 ‘‘(B) had permanent resident status on a condi21 tional basis (as described in section 216) at the time

22 that proceedings under this section commenced.

23 ‘‘(3) The Attorney General may delegate the author24 ity in this section to the Commissioner or to any District

25 Director of the Service.
39

•S 1923 IS

1 ‘‘(4) No alien described in this section shall be eligible

2 for any relief from deportation that the Attorney General

3 may grant in his discretion.

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

5 described in paragraph (1) until 14 calendar days have

6 passed from the date that such order was issued, in order

7 that the alien has an opportunity to apply for judicial re8 view under section 106.’’.

9 (b) LIMITED JUDICIAL REVIEW.—Section 106 of the

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

11 amended—

12 (1) in the first sentence of subsection (a), by in13 serting ‘‘or pursuant to section 242A’’ after ‘‘under

14 section 242(b)’’;

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

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

17 242(A)’’ after ‘‘aggravated felony’’; and

18 (3) by adding at the end the following new sub19 section;

20 ‘‘(d) Notwithstanding subsection (c), a petition for

21 review or for habeas corpus on behalf of an alien described

22 in section 242A(b) may only challenge whether the alien

23 is in fact an alien described in such section, and no court

24 shall have jurisdiction to review any other issue.’’.
40

•S 1923 IS

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

2 this section shall apply to all aliens against whom deporta3 tion proceedings are initiated after the date of enactment

4 of this Act.

5 SEC. 403. JUDICIAL DEPORTATION.

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

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

8 amended by section 402, is further amended by inserting

9 at the end the following new subsection:

10 ‘‘(c) JUDICIAL DEPORTATION.—

11 ‘‘(1) AUTHORITY.—In any criminal case subject

12 to the jurisdiction of any court of the United States

13 or of any State, such court may enter a judicial

14 order of deportation at the time of sentencing

15 against an alien whose criminal conviction causes

16 such alien to be deportable under section

17 241(a)(2)(A)(iii) (relating to conviction of an aggra18 vated felony).

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

20 request for a judicial order of deportation shall not

21 preclude the Attorney General from initiating depor22 tation proceedings pursuant to section 242 upon the

23 same ground of deportability or upon any other

24 ground of deportability provided under section

25 241(a).’’.
41

•S 1923 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(c), the’’.

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

7 this section shall apply to all aliens whose adjudication of

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

9 of enactment of this Act.

10 SEC. 404. DEFENSES TO DEPORTATION.

11 (a) DEFENSES BASES ON SEVEN YEARS OF PERMA12 NENT RESIDENCE.—The last sentence of section 212(c)

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

14 1182(c)) is amended by striking out ‘‘has served for such

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

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

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

18 5 years if the time for appealing such conviction or sen19 tence has expired and the sentence has become final.’’.

20 (b) DEFENSES BASED ON WITHHOLDING OF DEPOR21 TATION.—Section 243(h)(2) of the Immigration and Na22 tionality Act (8 U.S.C. 1253(h)(2)) is amended—

23 (1) in the first sentence—

24 (A) by striking ‘‘or’’ at the end of subpara25 graph (C);
42

•S 1923 IS

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

2 subparagraph (D) and inserting ‘‘; or’’; and

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

4 subparagraph:

5 ‘‘(E) the alien has been convicted of a felony.’’;

6 and

7 (2) by striking the last sentence.

8 SEC. 405. ENHANCED PENALTIES FOR REENTRY OR FAIL9 URE TO DEPART.

10 (a) FAILURE TO DEPART.—Section 242(e) of the Im11 migration and Nationality Act (8 U.S.C. 1252(e)) is

12 amended—

13 (1) by striking out ‘‘paragraph (2), (3), or 4

14 of’’ the first time it appears; and

15 (2) by striking out ‘‘shall be imprisoned not

16 more than ten years’’ and inserting in lieu thereof,

17 ‘‘shall be imprisoned not more than two years, or

18 shall be imprisoned not more than ten years if the

19 alien is a member of any of the classes described in

20 paragraph (2), (3), or (4) of section 241(a)’’.

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

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

23 (1) in paragraph (1)—

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

25 following: ‘‘two or more misdemeanors or’’; and
43

•S 1923 IS

1 (B) by striking out ‘‘5’’ and inserting in

2 lieu thereof ‘‘10’’;

3 (2) in paragraph (2), by striking out ‘‘15’’ and

4 inserting in lieu thereof ‘‘20’’; and

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

6 ‘‘For the purposes of this subsection, the term ‘de7 portation’ includes any agreement where an alien

8 stipulates to deportation during a criminal trial

9 under either Federal or State law.’’.

10 (c) COLLATERAL ATTACKS ON UNDERLYING DEPOR11 TATION ORDER.—Section 276 of the Immigration and Na12 tionality Act (8 U.S.C. 1326) is amended by inserting

13 after subsection (b) the following 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).’’.

17 SEC. 406. DEPORTATION OF IMPRISONED ALIENS.

18 Section 242(h) of the Immigration and Nationality

19 Act (8 U.S.C. 1252(h)) is amended to read as follows:

20 ‘‘(h)(1) Except as provided in paragraph (2), an alien

21 sentenced to imprisonment may not be deported until such

22 imprisonment has been terminated by the release of the

23 alien from confinement. Parole, supervised release, proba24 tion, or possibility of rearrest or further confinement in
44

•S 1923 IS

1 respect of the same offense shall not be a ground for defer2 ral of deportation.

3 ‘‘(2) The Attorney General may deport an alien prior

4 to the completion of a sentence of imprisonment—

5 ‘‘(A) in the case of an alien in the custody of

6 the Attorney General, if the Attorney General deter7 mines that the alien has been adequately punished

8 and that such deportation of the alien is appro9 priate; or

10 ‘‘(B) in the case of an alien in the custody of

11 a State, if the chief State official exercising author12 ity with respect to the incarceration of the alien de13 termines (i) that the alien has been adequately pun14 ished and that such deportation is appropriate, and

15 (ii) submits a written request to the Attorney Gen16 eral that such alien be so deported.’’.

17 SEC. 407. JUDICIAL ORDER OF DEPORTATION.

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

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

20 end the following:

21 ‘‘§ 3560. Order of deportation for certain aliens

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

23 alien for an aggravated felony (as defined in section

24 101(a)(43) of the Immigration and Nationality Act, shall

25 include in a sentencing order a declaration that the indi-
45

•S 1923 IS

1 vidual is deportable. Any presentence report required

2 under the Rules of Criminal Procedure with respect to the

3 sentencing of any individual for such a felony shall include

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

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

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

7 18, United States Code, is amended by adding at the end

8 the following new item:

‘‘3560. Order of deportation for certain aliens.’’.

9 (c) DEPORTATION PROCEDURES.—Section 242A of

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

11 is amended by adding at the end the following:

12 ‘‘(f) DEPORTATION PURSUANT TO A JUDICIAL

13 ORDER.—An alien subject to a judicial order of deporta14 tion under section 3560 of title 18, United States Code,

15 shall be deported consistent with section 242(h).’’.

16 SEC. 408. FEDERAL INCARCERATION.

17 Section 242 of the Immigration and Nationality Act

18 (8 U.S.C. 1252) is amended by adding at the end the fol19 lowing:

20 ‘‘(j)(1) The Attorney General shall take into the cus21 tody of the Federal Government, and shall incarcerate for

22 a determinate sentence of imprisonment, a criminal alien

23 described in paragraph (3) if—

24 ‘‘(A) the chief State official exercising authority

25 with respect to the incarceration of the undocu-
46

•S 1923 IS

1 mented criminal alien submits a written request to

2 the Attorney General;

3 ‘‘(B) the undocumented criminal is sentenced to

4 a determinate term of imprisonment;

5 ‘‘(C) the State in which the official described in

6 subparagraph (A) exercises authority cooperates,

7 and requires local governments or agencies in such

8 State to cooperate, with Federal immigration au9 thorities with respect to the identification, location,

10 arrest, prosecution, detention, and deportation of

11 aliens who are not lawfully present in the United

12 States; and

13 ‘‘(D) adequate Federal facilities are available

14 for the incarceration of the criminal alien.

15 ‘‘(2) Criminal aliens taken into the custody of the At16 torney General under paragraph (1) may be deported

17 under subsection (h)(2)(A).

18 ‘‘(3) An alien is described in this paragraph if the

19 alien—

20 ‘‘(A) has been convicted of a felony and sen21 tenced to a term of imprisonment, and

22 ‘‘(B)(i) had entered the United States without

23 inspection or at any time or place other than as des24 ignated by the Attorney General, or
47

•S 1923 IS

1 ‘‘(ii) was the subject of exclusion or deportation

2 proceedings at the time he or she was taken into

3 custody by the State.’’.

4 SEC. 409. INCREASED PENALTY FOR VISA FRAUD.

5 (a) FALSE STATEMENT.—Section 1542 of title 18,

6 United States Code, is amended by striking ‘‘fined not

7 more than $2,000 or imprisoned not more than five years,

8 or both’’ and inserting ‘‘fined under this title or impris9 oned not more than 10 years, or both’’.

10 (b) FORGERY.—Section 1543 of title 18, United

11 States Code, is amended by striking ‘‘fined not more than

12 $2,000 or imprisoned not more than five years, or both’’

13 and inserting ‘‘fined under this title or imprisoned not

14 more than 10 years, or both’’.

15 (c) MISUSE OF PASSPORT.—Section 1544 of title 18,

16 United States Code, is amended by striking ‘‘fined not

17 more than $2,000 or imprisoned not more than five years,

18 or both’’ and inserting ‘‘fined under this title or impris19 oned not more than 10 years, or both’’.

20 (d) SAFE CONDUCT VIOLATION.—Section 1545 of

21 title 18, United States Code, is amended by striking

22 ‘‘fined not more than $2,000 or imprisoned not more than

23 three years, or both’’ and inserting ‘‘fined under this title

24 or imprisoned not more than 10 years, or both’’.
48

•S 1923 IS

1 (e) FRAUD AND MISUSE OF VISAS.—Section 1546(a)

2 of title 18, United States Code, is amended by striking

3 ‘‘fined not more than $2,000 or imprisoned not more than

4 five years, or both’’ and inserting ‘‘fined under this title

5 or imprisoned not more than 10 years, or both’’.

6 SEC. 410. NOTIFICATION OF ALIEN ARREST.

7 Whenever a State or local law enforcement agency ar8 rests an alien for the commission of a felony, that State

9 or local law enforcement agency shall provide the District

10 Director of the Immigration and Naturalization Service

11 for the district in which the State or local law enforcement

12 agency has jurisdiction the following information within

13 72 hours of the arrest: the name of the alien; the alien’s

14 place of birth; the alien’s date of birth; the alien’s alien

15 registration number, if any; the nature of the offense for

16 which the alien was arrested; and any available informa17 tion on bond, future hearings and proceedings.

18 SEC. 411. EXCLUDABILITY OF UNLAWFUL ENTRANTS.

19 Section 204(c) of the Immigration and Nationality

20 Act is amended—

21 (1) by striking ‘‘laws or’’ and inserting ‘‘laws,’’;

22 and

23 (2) by inserting the following before the period:

24 ‘‘, or (3) the petition was submitted by or on behalf

25 of any alien who entered or attempted to enter the
49

•S 1923 IS

1 United States unlawfully, who entered or attempted

2 to enter with fraudulent, forged or stolen documents,

3 who failed to present the immigration officer any

4 document produced when the alien boarded a com5 mon carrier for travel to the United States, or who

6 entered the United States lawfully as a non7 immigrant but violated the terms of his or her non8 immigrant visa’’.

9 SEC. 412. EXCLUSION OF IMMIGRATION LAW VIOLATORS.

10 (a) EXCLUSION OF CRIMINAL ALIEN.—Section

11 212(a)(2)(A)(i) of the Immigration and Nationality Act

12 (8 U.S.C. 1182(a)(2)(A)(i)) is amended—

13 (1) by striking ‘‘or’’ at the end of subclause (I);

14 (2) by inserting ‘‘or’’ at the end of subclause

15 (II); and

16 (3) by inserting after subclause (II) the follow17 ing:

18 ‘‘(III) any violation of any immigration law

19 or any violation of any federal or State statute

20 prohibiting fraud, including any statutes pro21 hibiting income tax evasion,’’.

22 (b) EXCLUSION REFORM.—Section 212 of the Immi23 gration and Nationality Act (8 U.S.C. 1182) is amended

24 by amending subsection (c) to read as follows:
50

•S 1923 IS

1 ‘‘(c) Aliens lawfully admitted for permanent residence

2 who temporarily proceeded abroad voluntarily and not

3 under an order of deportation shall not be admitted if that

4 alien is excludable under subsection (a), without regard

5 to the purpose or duration of the alien’s presence outside

6 the United States.’’.

7 SEC. 413. MISCELLANEOUS AND TECHNICAL CHANGES.

8 (a) FORM OF DEPORTATION HEARINGS.—The sec9 ond sentence of section 242(b) of the Immigration and

10 Nationality Act (8 U.S.C. 1252(b)) is amended—

11 (1) by redesignating paragraphs (1), (2), (3),

12 and (4) as subparagraphs (A), (B), (C), and (D);

13 (2) by striking ‘‘(b) A special’’ and inserting

14 ‘‘(b)(1) Except as provided in paragraph (2), a spe15 cial’’; and

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

17 ‘‘(2) Nothing in this subsection shall preclude the At18 torney General from authorizing proceedings by electronic

19 or telephonic media (with or without the consent of the

20 alien) or, where waived or agreed to by the parties, in the

21 absence of the alien.’’.

22 (b) CONSTRUCTION OF EXPEDITED DEPORTATION

23 REQUIREMENTS.—No amendment made by this Act and

24 nothing in section 242(i) of the Immigration and Nation25 ality Act (8 U.S.C. 1252(i)), shall be construed to create
51

•S 1923 IS

1 any right or benefit, substantive or procedural, which is

2 legally enforceable by any party against the United States,

3 its agencies, its officers, or any other person.

4 TITLE V—FINANCIAL

5 RESPONSIBILITY

6 SEC. 501. PUBLIC CHARGE DEFINED.

7 Section 212(a)(4) of the Immigration and Nationality

8 Act (8 U.S.C. 1182(a)(4)) is amended to read as follows:

9 ‘‘(4) PUBLIC CHARGE.—Any alien who cannot

10 demonstrate to the consular officer at the time of

11 application for a visa, or to the Attorney General at

12 the time of application for admission or adjustment

13 of status, that, taking into account the alien’s age

14 and medical condition, he or she has assets, edu15 cation, skills, or a combination thereof that make it

16 very unlikely that he or she will become eligible for

17 means-tested public assistance of any kind (includ18 ing, but not limited to, medical care or food and

19 housing assistance) or will otherwise become a public

20 charge is excludable.’’.

21 SEC. 502. GUARANTEE OF FINANCIAL RESPONSIBILITY.

22 Section 213 of the Immigration and Nationality Act

23 (8 U.S.C. 1183) is amended to read as follows:

24 ‘‘FINANCIAL RESPONSIBILITY OF SPONSORS

25 ‘‘SEC. 213. (a) An alien excludable under paragraph

26 (4) of section 212(a) may, if otherwise admissible, be ad-
52

•S 1923 IS

1 mitted in the discretion of the Attorney General upon the

2 giving of a suitable and proper bond and a guarantee of

3 financial responsibility by an individual (hereafter in this

4 section referred to as the alien’s ‘sponsor’) who is not less

5 than 21 nor more than 60 years of age, is of good moral

6 character, has never been convicted of a felony, has never

7 filed for bankruptcy or been adjudicated a bankrupt, and

8 is a citizen of the United States or an alien lawfully admit9 ted for permanent residence.

10 ‘‘(b) The guarantee of financial responsibility in sub11 section (a) must provide (1) that the sponsor, and the

12 sponsor’s spouse if the sponsor is married, agree in the

13 case of an alien under 21 years of age, to assume legal

14 custody for the alien after the alien’s departure to the

15 United States and until the alien becomes 21 years of age,

16 in accordance with the law of the State where the sponsor

17 resides, and (2) that the sponsor agrees to furnish, during

18 the 5-year period beginning on the date of the alien’s ac19 quiring the status of an alien lawfully admitted for perma20 nent residence, or during the period beginning on the date

21 of the alien’s acquiring the status of an alien lawfully ad22 mitted for permanent residence and ending on the date

23 on which the alien becomes 21 years of age, whichever pe24 riod is longer, such financial support as is necessary to

25 prevent the alien’s becoming a public charge.
53

•S 1923 IS

1 ‘‘(c) A guarantee of financial responsibility given

2 under subsection (a) may be enforced with respect to an

3 alien by a civil suit against his sponsor by the Attorney

4 General or by any Federal or State agency that has pro5 vided the alien means-tested public assistance of any kind,

6 including but not limited to medical, food, and housing

7 assistance.

8 ‘‘(d) Civil suits under subsection (c) shall be brought

9 in the United States district court for the district in which

10 the defendant resides and may be brought at any time on

11 or before the date that is 5 years after the date on which

12 the sponsor’s period of financial responsibility under sub13 section (a) expired.

14 ‘‘(e) The bond required of an alien’s sponsor by sub15 section (a) shall be in favor of the United States and all

16 States, territories, countries, towns, municipalities, and

17 districts within the United States and shall hold them

18 harmless against the alien’s becoming a public charge. The

19 bond shall be in such amount and shall contain such condi20 tions as the Attorney General may prescribe. The bond

21 shall terminate upon (1) the alien’s permanent departure

22 from the United States, (2) the death of an alien, or (3)

23 the expiration of the period of financial responsibility de24 scribed in subsection (b), whichever occurs first, and any

25 sums or other security held to secure performance thereof,
54

•S 1923 IS

1 except to the extent forfeited for violation of the terms

2 thereof, shall be returned to the person by whom fur3 nished, or to his legal representative.’’.

4 SEC. 503. LIMITED BENEFITS FOR ILLEGAL ALIENS.

5 (a) DIRECT FEDERAL FINANCIAL BENEFITS.—(1)

6 Notwithstanding any other provision of law, no direct Fed7 eral financial benefit or social insurance benefit may be

8 paid, conferred, or otherwise given, on or after the date

9 of enactment of this Act, to any alien not lawfully admit10 ted to the United States as a permanent resident or a ref11 ugee except pursuant to a provision of the Immigration

12 and Nationality Act.

13 (2) Federal reimbursement of emergency medical

14 care provided to such an alien may be provided under such

15 regulations as the Secretary of Health and Human Serv16 ices may in his or her discretion prescribe.

17 (b) UNEMPLOYMENT BENEFITS.—No alien who has

18 not been granted employment authorization pursuant to

19 Federal law shall be eligible for unemployment compensa20 tion under an unemployment compensation law of a State

21 or the United States.
55

•S 1923 IS

1 TITLE VI—EMPLOYER

2 SANCTIONS

3 SEC. 601. IMPLEMENTATION OF GAO RECOMMENDATIONS.

4 (a) WORK ELIGIBILITY DOCUMENTS.—Effective

5 January 1, 1995, section 274A of the Immigration and

6 Nationality Act (8 U.S.C. 1324a) is amended by striking

7 subparagraphs (A) through (D) of subsection (b)(1) and

8 inserting:

9 ‘‘(A) IN GENERAL.—The person or entity must

10 attest, under penalty of perjury and on a form des11 ignated or established by the Attorney General by

12 regulation, that it has verified that the individual is

13 not an unauthorized alien by—

14 ‘‘(i) examining the document described in

15 subparagraph (B) in the case of an individual

16 claiming to be a United States citizen, United

17 States national, or a permanent resident alien,

18 ‘‘(ii) examining the document described in

19 paragraph (C) in the case of an individual not

20 claiming to be a United States citizen, a United

21 States national, or a permanent resident alien,

22 and

23 ‘‘(iii) reporting the individual’s Social Se24 curity account number to the Social Security

25 Administration through the telephone verifica-
56

•S 1923 IS

1 tion system established pursuant to section 602

2 of the Immigration Stabilization Act of 1994.

3 ‘‘(B) DOCUMENTS OF CITIZENS AND NATION4 ALS.—The document described in this subparagraph

5 is an individual’s Social Security account number

6 card issued pursuant to section 601(c) of the Immi7 gration Stabilization Act of 1994.

8 ‘‘(C) DOCUMENTS OF ALIENS.—The document

9 described in this subparagraph is an alien’s identi10 fication card issued by the Immigration and Natu11 ralization Service pursuant to section 601(b) of the

12 Immigration Stabilization Act of 1994.’’.

13 (b) IMPROVEMENT OF ALIEN IDENTITY CARDS.—

14 (1) PERMANENT RESIDENT ALIENS.—The At15 torney General shall cause to be issued to every alien

16 acquiring lawful permanent residence in the United

17 States after June 30, 1994, and, upon application,

18 to any alien who acquired lawful permanent resi19 dence before July 1, 1994, an alien identification

20 card that shall—

21 (A) be uniform in appearance,

22 (B) be as tamperproof and counterfeit-re23 sistant as practicable,

24 (C) contain a photograph and fingerprint,
57

•S 1923 IS

1 (D) display the name, sex, date of birth,

2 and such other identifying information as the

3 Attorney General shall determine, and

4 (E) incorporate a machine-readable encod5 ing of the information displayed on the card.

6 (2) OTHER ALIENS.—The Attorney General

7 shall cause to be issued to every alien who becomes

8 authorized to work in the United States after June

9 30, 1994, other than by reason of lawful admission

10 for permanent residence, and shall cause to be is11 sued, upon application, to any other alien who is au12 thorized to work in the United States other than by

13 reason of lawful admission for permanent residence

14 an alien identification card that shall—

15 (A) be uniform in appearance,

16 (B) be as tamperproof and counterfeit-re17 sistant as practicable,

18 (C) contain a photograph and fingerprint,

19 (D) display the alien’s name, sex, date of

20 birth, place of birth, and such other identifying

21 information as the Attorney General shall de22 termine,

23 (E) show an expiration date that shall be

24 determined in accordance with regulations is25 sued by the Attorney General, but shall not in
58

•S 1923 IS

1 any case be later than 3 calendar years after

2 the date of issuance, and

3 (F) incorporate a machine-readable encod4 ing of the information displayed on the card.

5 (c) IMPROVEMENT OF SOCIAL SECURITY CARDS.—

6 (1) IMPROVED CARD FOR CITIZENS.—The Sec7 retary shall cause to be issued improved Social Secu8 rity account number cards to United States citizens

9 and United States nationals upon application, proof

10 of identity, proof of citizenship or nationality, and

11 payment of a reasonable fee.

12 (2) IMPROVED CARD FOR ALIENS.—The Sec13 retary shall cause to be issued improved Social Secu14 rity account number cards to aliens lawfully admit15 ted for permanent residence upon application, proof

16 of identity, verification of status by the Immigration

17 and Naturalization Service, and payment of a rea18 sonable fee.

19 (3) REQUIREMENTS.—The cards described in

20 paragraphs (1) and (2) shall—

21 (A) be uniform in appearance,

22 (B) be as tamperproof and counterfeit-re23 sistant as practicable,

24 (C) contain a photograph and fingerprint,
59

•S 1923 IS

1 (D) display the name, sex, date of birth,

2 place of birth, and Social Security account

3 number of the issuee, and such other identify4 ing information as the Secretary shall deter5 mine, and

6 (E) incorporate a machine-readable encod7 ing of the information displayed on the card.

8 (4) SECRETARY DEFINED.—For purposes of

9 this subsection, Secretary means the Secretary of

10 Health and Human Services.

11 (d) REASONABLE FEE.—The amount of the fee that

12 is to be charged under subsections (b) and (c) shall be

13 the amount (rounded to the nearest whole dollar), not ex14 ceeding $50, required to cover the costs of issuing the

15 card.

16 (e) NO OTHER CARDS.—No Social Security account

17 number card or alien identification card shall be issued

18 after June 30, 1994, whether as an original card or as

19 a replacement, that does not satisfy the requirements of

20 this section.

21 (f) DEFINITIONS.—For purposes of this section—

22 (1) ‘‘State’’ means one of the United States,

23 the District of Columbia, or Puerto Rico, and

24 (2) ‘‘place of birth’’ means, for an individual—
60

•S 1923 IS

1 (A) born in a State, the two-letter symbol

2 used by the United States Post Office to iden3 tify that State, or

4 (B) not born in a State, such two-letter

5 symbol as the Secretary shall determine by reg6 ulations.

7 SEC. 602. VERIFICATION BY TELEPHONE.

8 (a) SOCIAL SECURITY DATABASE.—By September

9 30, 1994, the Secretary of Health and Human Services

10 shall make such modifications to the Social Security ac11 count number data base (NUMIDENT) as are practicable

12 and enable confirmation through the telephone verification

13 system described in subsection (d) that a Social Security

14 account number has been issued to an individual identified

15 by last name, sex, year of birth, and place of birth and

16 that such individual is not known to the Secretary of

17 Health and Human Services to be an alien not authorized

18 to work in the United States. At a minimum the data base

19 shall be modified to enable confirmation that a Social Se20 curity account number is not assigned to an individual au21 thorized to work in the United States because the num22 ber—

23 (1) has not been issued,
61

•S 1923 IS

1 (2) was issued to an individual known by the

2 Secretary of Health and Human Services as not au3 thorized to work,

4 (3) was issued to a person that is deceased and

5 has not been reissued, or

6 (4) was issued to an alien that any data base

7 of the Immigration and Naturalization Service shows

8 is not authorized to work in the United States.

9 The Attorney General shall provide such assistance as the

10 Secretary of Health and Human Services may require to

11 merge or otherwise make use of any data base of the Im12 migration and Naturalization Service for the purposes of

13 this section.

14 (b) EXCHANGE OF INFORMATION.—The Attorney

15 General shall notify the Secretary of Health and Human

16 Services of the expiration of an alien’s authorization to

17 work in the United States not later than 14 calendar days

18 after the date of expiration. The Secretary of Health and

19 Human Services shall furnish the Attorney General with

20 a list of any aliens for whom confirmation of work eligi21 bility has been requested not later than 5 calendar days

22 after such request. Such list shall include the telephone

23 number from which the request was made and the em24 ployer identification number of the requester.
62

•S 1923 IS

1 (c) ADULT APPLICANTS.—The Secretary of Health

2 and Human Services shall furnish to the Attorney General

3 a copy of any application (including supporting docu4 mentation) for a Social Security account number by an

5 alien or by an individual over 16 years of age who claims

6 to be a United States citizen or national and shall not

7 issue a number before the earlier of the following dates:

8 (1) The date on which the Attorney General

9 confirms in writing that his records do not show

10 that the applicant is an alien unauthorized to work

11 in the United States.

12 (2) 60 days after a copy of the application and

13 supporting documentation has been delivered to the

14 Attorney General.

15 (d) TELEPHONE VERIFICATION SYSTEM.—Before

16 January 1, 1995, the Secretary of Health and Human

17 Services shall test and place in operation a system whereby

18 an employer can report by touch-tone telephone his em19 ployer identification number and the Social Security ac20 count number, last name, sex, year of birth, and place of

21 birth of any individual who is to be employed and can re22 ceive immediate confirmation that the number was issued

23 to the individual having that identity and that such person

24 is not identified within the Social Security account number

25 data base as an individual who is not a United States citi-
63

•S 1923 IS

1 zen, a United States national, or an alien authorized to

2 work in the United States. The charge for each call will

3 be sufficient to cover the costs of operating the system,

4 except that it shall not exceed $2 plus any line charges

5 payable to the telephone carrier. The system shall provide

6 for access to a live operator if an entry is not accepted

7 or confirmed, shall provide a verification code to the caller,

8 and shall accommodate devices that read the magnetic

9 strip incorporated by a card issued under section 601.

10 (e) ABUSE OF SYSTEM.—The use of the telephone

11 verification system established by subsection (d) by a per12 son other than—

13 (1) an employer acting pursuant to section

14 274A(b)(1) of the Immigration and Nationality Act,

15 or

16 (2) an officer or employee of an agency of the

17 United States or of any State acting in the perform18 ance of official duties,

19 shall be punishable by a fine of not more than $1,000 per

20 occurrence.

21 SEC. 603. UNIFORM VITAL STATISTICS.

22 The Secretary of Health and Human Services shall

23 consult with the State agency responsible for registration

24 and certification of births and deaths and, within 2 years

25 of the date of enactment of this Act, shall establish a na-
64

•S 1923 IS

1 tional electronic network linking the vital statistics records

2 of such States. The network shall provide, where practical,

3 for the matching of deaths with births and shall enable

4 the confirmation of births and deaths of citizens of the

5 United States, or of aliens within the United States, by

6 any Federal or State agency or official in the performance

7 of official duties. The Secretary shall institute measures

8 to achieve uniform and accurate reporting of vital statis9 tics into the national network, to protect the integrity of

10 the registration and certification process, and to prevent

11 fraud against the Government and other persons through

12 the use of false birth or death certificates.

13 TITLE VII—BORDER SECURITY

14 SEC. 701. BORDER PATROL PERSONNEL.

15 The number of full-time officer positions authorized

16 for the Border Patrol of the Immigration and Naturaliza17 tion Service shall be increased to 5,900 in fiscal year 1994,

18 6,900 in fiscal year 1995, 7,900 in fiscal year 1996, 8,900

19 in fiscal year 1997, and 9,900 in fiscal year 1998.

20 SEC. 702. BORDER CROSSING FEE.

21 The Commissioner of Immigration and Naturaliza22 tion shall collect a user fee for each entry into the United

23 States by land or by sea after December 31, 1993. The

24 fee shall be $3 for each person entering other than by pri25 vate automobile, van, or truck and $5 for each private
65

•S 1923 IS

1 automobile, van, or truck. The Commissioner by regula2 tion may establish a reduced fee or a multiple-crossing fee

3 for frequent border crossers.

4 SEC. 703. BORDER CONTROL TRUST FUND.

5 There is established a Border Control Trust Fund

6 (‘‘Fund’’) under the control of the Commissioner of Immi7 gration and Naturalization. The fees collected under sec8 tion 702 shall be deposited into the Fund. Amounts depos9 ited into the Fund and the earnings thereon shall be ex10 pended by the Commissioner exclusively on (1) measures,

11 personnel, structures, and devices to deter and prevent il12 legal entry of persons and contraband into the United

13 States by land or by sea, (2) construction and operation

14 of facilities to expedite lawful border traffic and reduce,

15 where practical, extensive delays in the time required for

16 lawful entry of goods and persons, and (3) financial and

17 other assistance to State and local law enforcement agen18 cies that have entered into cooperative arrangements with

19 the Immigration and Naturalization Service. Not less than

20 80 percent of the sum of—

21 (1) amounts deposited into the Fund during a

22 fiscal year; and

23 (2) the earnings of the Fund during that fiscal

24 year,
66

•S 1923 IS

1 shall be expended during that or the subsequent fiscal

2 year.

3 SEC. 704. RESPONSIBILITY OF INTERNATIONAL CARRIERS.

4 (a) IN GENERAL.—Section 273 of the Immigration

5 and Nationality Act (8 U.S.C. 1323) is amended—

6 (1) in subsection (a), by striking ‘‘(other than

7 from foreign contiguous territory)’’;

8 (2) by redesignating subsections (c) and (d) as

9 subsections (e) and (f), respectively;

10 (3) by inserting after subsection (b) the follow11 ing:

12 ‘‘(c) RECORDS.—The Attorney General shall main13 tain a record of each undocumented alien arriving on or

14 after the date of enactment of this subsection at a United

15 States port of entry and of the carrier which brought such

16 alien to that port of entry.’’;

17 (4) by inserting after subsection (c) (as added

18 by paragraph (4)), the following:

19 ‘‘(d) REPEAT OFFENSES.—(1)(A) If the Attorney

20 General determines that, during the preceding calendar

21 year, any carrier has delivered an average of more than

22 0.5 undocumented aliens per arrival at United States

23 ports of entry then, for the next calendar year, in lieu of

24 the penalty of $3,000 specified in subsection (b), such car25 rier shall pay to the Attorney General a penalty of
67

•S 1923 IS

1 $10,000 for each alien brought in violation of subsection

2 (a) or, alternatively, such carrier may choose to participate

3 in a 1-year pilot program intended to reduce the number

4 of undocumented aliens arriving at United States ports

5 of entry via international carriers.

6 ‘‘(B) If such international carrier chooses to partici7 pate in the 1-year pilot program, that carrier will be sub8 ject to the penalty levels prescribed in subsection (b), rath9 er than the increased penalty levels specified in this sub10 section, for each alien brought in violation of subsection

11 (a).

12 ‘‘(C) The 1-year pilot program, which can be ex13 tended for multiple years at the discretion of the Attorney

14 General, shall consist of a program whereby the inter15 national carrier collects the travel documents necessary for

16 entry into the United States from all passengers upon

17 their entry to the carrier and physically returns them to

18 the passengers on an individual basis only at the actual

19 point of inspection at the United States port of entry by

20 United States immigration officials.

21 ‘‘(2) If the Attorney General determines that, during

22 the preceding calendar year, any carrier has delivered an

23 average of more than 1.5 undocumented aliens per arrival

24 at United States ports of entry, then, for the next calendar

25 year, in lieu of the penalties specified in subsection (b)
68

•S 1923 IS

1 and in paragraph (1) of this subsection, such carrier shall

2 pay to the Attorney General a penalty of $20,000 for each

3 alien brought in violation of subsection (a).

4 ‘‘(3) If the Attorney General determines that, in the

5 preceding calendar year, any carrier has delivered an aver6 age of more than 2 undocumented aliens per arrival at

7 United States ports of entry, then such carrier shall forfeit

8 all landing rights in the United States for the next cal9 endar year.’’; and

10 (5) subsection (e) (as redesignated) is amend11 ed—

12 (A) by inserting after ‘‘refunded,’’ the fol13 lowing: ‘‘unless the alien transported is granted

14 asylum status in the United States or’’; and

15 (B) by inserting before the period at the

16 end thereof ‘‘or that the visa or other immigra17 tion documentation presented to the carrier was

18 forged, counterfeit, altered, falsely made, stolen,

19 or inapplicable to the alien presenting the docu20 ment’’.

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

22 subsection (a)(4) shall take effect on January 1 of the sec23 ond calendar year following the date of enactment of this

24 Act.
69

•S 1923 IS

1 TITLE VIII—ALIEN SMUGGLING

2 SEC. 801. COOPERATIVE ARRANGEMENTS.

3 The Secretary of State shall undertake to enter into,

4 on behalf of the United States, cooperative arrangements

5 with appropriate foreign governments for the purpose of

6 preventing the unlawful entry of aliens by land, air, or

7 sea.

8 SEC. 802. COAST GUARD INSTRUCTIONS.

9 The Secretary of Defense, in consultation, when ap10 propriate, with the Attorney General and the Secretary of

11 State, shall instruct the Coast Guard to deter and prevent

12 the unlawful entry of aliens into the United States by sea.

13 Such instructions shall include directives providing for

14 stopping and boarding vessels, making inquiries of persons

15 and inspecting documents and property on board such ves16 sels, and returning a vessel to the country from which it

17 came or to another country. In the case of vessels outside

18 the territorial sea of the United States, such instructions

19 shall be limited to vessels of the United States, vessels

20 without nationality, vessels assimilated to vessels without

21 nationality, and vessels of foreign nations with which the

22 United States has arrangements authorizing the United

23 States to stop and board such vessels. Except as otherwise

24 provided in the preceding sentence, actions pursuant to
70

•S 1923 IS

1 this section are authorized to be undertaken both within

2 and beyond the territorial sea of the United States.

3 SEC. 803. APPLICATION OF RICO.

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

5 amended by striking ‘‘or’’ immediately prior to ‘‘(E)’’, and

6 by adding: ‘‘or (F) any act which is indictable under any

7 of the following provisions of the Immigration and Nation8 ality Act: section 274(a)(i) (relating to prohibitions on

9 bringing in or harboring certain aliens), section 275 (relat10 ing to illegal entry, marriage fraud, or establishing a com11 mercial enterprise for the purpose of evading the immigra12 tion laws), section 277 (relating to aiding or assisting cer13 tain aliens to enter the United States), or section 1328

14 (relating to the importation of aliens for immoral pur15 pose).’’.

16 SEC. 804. INCREASED PENALTIES FOR ALIEN SMUGGLING.

17 Pursuant to section 994 of title 28, United States

18 Code, the United States Sentencing Commission shall pro19 mulgate guidelines, or amend existing guidelines, to pro20 vide that a defendant convicted of violating, or conspiring

21 to violate section 274(a) of the Immigration and National22 ity Act, shall be assigned not less than offense level 25

23 under section 2L1.1 of the United States Sentencing

24 Guidelines if any of the following factors exist—
71

•S 1923 IS

1 (1) if the offense involved five or more aliens in

2 a single scheme or otherwise;

3 (2) if the offense involved other criminal activ4 ity including, but not limited to, violations of the

5 Controlled Substances Act, prostitution, importation

6 of aliens for immoral purposes, trafficking in fire7 arms, money laundering, illegal gang activities, kid8 napping or ransom demands, fraudulent documents,

9 or extortion;

10 (3) if the offense involves smuggling of persons

11 under the age of 18 years for the purposes of illegal

12 adoption or of sexual or commercial exploitation;

13 (4) if the offense involves the smuggling of

14 known or suspected terrorists or persons involved in

15 organized crime;

16 (5) if the offense involves dangerous or inhu17 mane treatment of the persons smuggled; or

18 (6) if death or serious bodily harm occurs to

19 persons smuggled.

20 Otherwise, the base offense level shall be 13, except for

21 an offense described in section 274(a)(2)(A) of the Immi22 gration and Nationality Act.
72

•S 1923 IS

1 SEC. 805. EXPANDED FORFEITURE FOR SMUGGLING OR

2 HARBORING.

3 Subsection 274(b) of the Immigration and National4 ity Act (8 U.S.C. 1324(b)) is amended—

5 (1) by amending paragraph (1) to read as fol6 lows:

7 ‘‘(1) Any property, real or personal, which fa8 cilitates or is intended to facilitate, or which has

9 been used in or is intended to be used in the com10 mission of a violation of subsection (a) or of sections

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

12 derived from or traceable to the proceeds obtained

13 directly or indirectly from a commission of a viola14 tion of subsection (a), shall be subject to seizure and

15 forfeiture, except that—

16 ‘‘(A) no property, used by any person as a

17 common carrier in the transaction of business

18 as a common carrier shall be forfeited under

19 the provisions of this section unless it shall ap20 pear that the owner or other person in charge

21 of such property was a consenting party or

22 privy to the illegal act;

23 ‘‘(B) no property shall be forfeited under

24 the provisions of this section by reason of any

25 act or omission established by the owner thereof

26 to have been committed or omitted by any per-
73

•S 1923 IS

1 son other than such owner while such property

2 was unlawfully in the possession of a person

3 other than the owner in violation of the crimi4 nal laws of the United States or of any State;

5 and

6 ‘‘(C) no property shall be forfeited under

7 this paragraph to the extent of an interest of

8 any owner, by reason of any act or omission es9 tablished by that owner to have been committed

10 or omitted without the knowledge or consent of

11 the owner, unless such action or omission was

12 committed by an employee or agent of the

13 owner, and facilitated or was intended to facili14 tate, or was used in or intended to be used in,

15 the commission of a violation of subsection (a)

16 or of section 274A(a)(1) or 274A(a)(2) which

17 was committed by the owner or which intended

18 to further the business interests of the owner,

19 or to confer any other benefit upon the owner.’’;

20 (2) by striking from paragraph (2)—

21 (A) ‘‘conveyance’’ both places it appears

22 and inserting in lieu thereof ‘‘property’’; and

23 (B) ‘‘is being used in’’ and inserting in lieu

24 thereof ‘‘is being used in, is facilitating, has fa25 cilitated, or was intended to facilitate’’;
74

•S 1923 IS

1 (3) by striking from paragraphs (4) and (5) ‘‘a

2 conveyance’’ and ‘‘conveyance’’ each place such

3 phrase or word appears and inserting in lieu thereof

4 ‘‘property’’;

5 (4) by striking from paragraph (4)—

6 (A) ‘‘or’’ at the end of subparagraph (C),

7 and

8 (B) the period at the end of subparagraph

9 (D) and inserting ‘‘; or’’; and

10 (5) by adding at the end the following:

11 ‘‘(E) transfer custody and ownership of

12 forfeited property to any Federal, State, or

13 local agency pursuant to the Tariff Act of

14 1930, as amended (19 U.S.C. 1616a(c)).’’.

15 SEC. 806. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN16 VESTIGATIONS.

17 (a) Section 2516(1) of title 18, United States Code,

18 is amended—

19 (1) in paragraph (c), by inserting after ‘‘weap20 ons),’’ the following: ‘‘or a felony violation of section

21 1028 (relating to production of false identification

22 documentation), section 1546 (relating to fraud and

23 misuse of visas, permits, and other documents),’’;
75

•S 1923 IS

1 (2) by striking ‘‘or’’ after paragraph (l) and re2 designating paragraphs (m), (n), and (o) as para3 graphs (n), (o), and (p), respectively;

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

6 ‘‘(m) a violation of section 274 of the Immigra7 tion and Nationality Act (8 U.S.C. 1324) (relating

8 to alien smuggling), of section 277 of the Immigra9 tion and Nationality Act (8 U.S.C. 1327) (relating

10 to the smuggling of aliens convicted of aggravated

11 felonies or of aliens subject to exclusion on grounds

12 of national security), or of section 278 of the Immi13 gration and Nationality Act (8 U.S.C. 1328) (relat14 ing to smuggling of aliens for the purpose of pros15 titution or other immoral purpose);’’; and

16 (4) by striking ‘‘or any Deputy Assistant Attor17 ney General in the Criminal Division specially des18 ignated by the Attorney General’’ and inserting ‘‘or

19 any Deputy Assistant Attorney General or acting

20 Deputy Assistant Attorney General in, or one other

21 officer or employee of, the Criminal Division spe22 cially designated by the Attorney General’’.

23 (b) Section 2518(5) of title 18, United States Code,

24 is amended by inserting ‘‘(including personnel of a foreign
76

•S 1923 IS

1 government or of a State or subdivision of a State)’’ after

2 ‘‘Government personnel’’.

3 (c) Section 2510(7) of title 18, United States Code,

4 is amended by inserting before the semicolon ‘‘and addi5 tionally, for purposes of paragraphs (1) and (2) of section

6 2517, any person authorized to perform investigative, law

7 enforcement, or prosecutorial functions by a foreign gov8 ernment’’.

9 TITLE IX—EFFECTIVE DATE

10 SEC. 901. EFFECTIVE DATE.

11 Except where otherwise specifically provided, this

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

13 effect on October 1, 1994.

Æ

S 1923 IS——2

S 1923 IS——3

S 1923 IS——4

S 1923 IS——5