I

104TH CONGRESS

1ST SESSION H. R. 375

To provide for asylum reform, prohibition of Federal benefits to certain

aliens, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. STUMP (for himself and Mr. CALLAHAN) introduced the following bill;

which was referred to the Committee on the Judiciary and, in addition,

to the Committees on Ways and Means, Agriculture, Banking and Financial Services, and Commerce for a period to be subsequently determined

by the Speaker, in each case for consideration of such provisions as fall

within the jurisdiction of the committee concerned

A BILL

To provide for asylum reform, prohibition of Federal benefits

to certain aliens, and for other purposes.

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 Account5 ability Act of 1995’’.
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1 TITLE I—ASYLUM

2 SEC. 101. EXAMINATION AND EXCLUSION.

3 (a) EXAMINATIONS.—Section 235(b) of the Immigra4 tion and Nationality Act (8 U.S.C. 1225(b)) is amended

5 to read as follows:

6 ‘‘(b) EXAMINATION AND EXCLUSION BY IMMIGRA7 TION OFFICERS.—

8 ‘‘(1) An immigration officer shall examine every

9 person seeking to come into the United States from

10 a foreign port or place, and every such person shall

11 present himself for examination by an immigration

12 officer upon arrival at a port of entry or land border

13 of the United States.

14 ‘‘(2)(A) If an examining immigration officer de15 termines that an alien seeking entry—

16 ‘‘(i) does not present any document re17 quired by this Act or by regulations prescribed

18 thereunder to obtain entry to the United States;

19 and

20 ‘‘(ii) does not express either an intention to

21 apply for asylum or a fear of persecution if ex22 cluded,

23 the officer shall order the alien excluded from the

24 United States without further hearing or review.
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1 ‘‘(B) An examining immigration officer shall

2 refer for immediate examination by an asylum offi3 cer any alien who has expressed an intention to

4 apply for asylum or a fear of persecution if excluded.

5 ‘‘(C) The asylum officer to whom an alien is re6 ferred under subparagraph (B) shall determine

7 whether the alien has a credible fear of persecution

8 if excluded. If the officer determines that the alien

9 has a credible fear of persecution if excluded, the

10 alien shall be permitted to apply for asylum under

11 section 208. If the officer determines that the alien

12 does not have a credible fear of persecution if ex13 cluded, the officer shall order the alien excluded

14 from the United States without further hearing or

15 review.

16 ‘‘(3)(A) Except as provided in subparagraph

17 (B) and subsection (c), if an examining immigration

18 officer determines that an alien seeking entry is not

19 clearly and beyond a doubt entitled to enter, the

20 alien shall be detained for further inquiry by a spe21 cial inquiry officer.

22 ‘‘(B) The provisions of subparagraph (A) shall

23 not apply—

24 ‘‘(i) to an alien crewman, or
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1 ‘‘(ii) to an alien described in paragraph

2 (2)(A) or paragraph (2)(B).

3 ‘‘(4) The decision of an examining immigration

4 officer to admit any alien shall be subject to chal5 lenge by any other immigration officer, and such

6 challenge shall operate to take the alien before a

7 special inquiry officer for further inquiry.

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

9 has not entered the United States for purposes of

10 this Act unless and until such alien has been exam11 ined and admitted by an immigration officer pursu12 ant to this subsection.

13 ‘‘(B) An alien who has not been examined and

14 admitted by an immigration officer shall, upon the

15 completion of 365 days of continuous physical pres16 ence in the United States, be deemed to have en17 tered the United States without inspection on the

18 first day of such presence.

19 ‘‘(6) INTERIOR REPATRIATION.—The Secretary

20 of State shall undertake to enter into, on behalf of

21 the United States, arrangements with the govern22 ments of countries contiguous to the United States

23 that any excludable or deportable alien who is to de24 part the United States to such country under an

25 order of deportation, under a grant of voluntary de-
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1 parture with safeguards, or at a time when the alien

2 is in Federal custody shall be transported to a point

3 in the contiguous country that, to the extent prac4 ticable, is not less than 500 kilometers from the bor5 der of the United States.

6 ‘‘(7) PERSECUTION DEFINED.—For purposes of

7 this subsection, the term ‘persecution’ shall have the

8 same meaning as under section 208 of the Immigra9 tion and Nationality Act.’’.

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

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

12 1182(a)(6)) is amended by adding at the end the follow13 ing:

14 ‘‘(G) Any alien who, in seeking entry to the

15 United States or boarding a common carrier for the

16 purpose of coming to the United States, presents

17 any document that is forged, counterfeit, altered,

18 falsely made, stolen, or inapplicable to the alien pre19 senting the document, or otherwise contains a mis20 representation of material fact, is excludable.

21 ‘‘(H) Any alien who, in boarding a common car22 rier for the purpose of coming to the United States,

23 presents a document that relates or purports to re24 late to the alien’s eligibility to enter the United

25 States, and fails to present such document to an im-
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1 migration officer upon arrival at a port of entry or

2 land border of the United States, is excludable.’’.

3 (c) CONFORMING AMENDMENTS.—Section 235(a) of

4 the Immigration and Nationality Act (8 U.S.C. 1225a) is

5 amended by striking the second sentence.

6 SEC. 102. ASYLUM.

7 (a) ASYLUM OFFICER DEFINED.—Section 101(a) of

8 the Immigration and Nationality Act (8 U.S.C. 1101(a))

9 is amended by adding the following new paragraph:

10 ‘‘(47) The term ‘asylum officer’ means an offi11 cer of the Service who has been designated by the

12 Commissioner as having special training in the ap13 plication of the provisions of this Act pertaining to

14 asylum and special knowledge of pertinent conditions

15 outside the United States.’’.

16 (b) GRANTING AND TERMINATION OF ASYLUM.—

17 Section 208 of the Immigration and Nationality Act (8

18 U.S.C. 1158) is amended to read as follows:

19 ‘‘ASYLUM

20 ‘‘SEC. 208. (a) GRANTING AND TERMINATING ASY21 LUM.—

22 ‘‘(1) APPLICATION.—An alien physically present

23 in the United States or at a land border or port of

24 entry may apply for asylum in accordance with this

25 section.

26 ‘‘(2) CONDITION FOR GRANTING.—
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1 ‘‘(A) GRANTS BY ATTORNEY GENERAL.—

2 The Attorney General may in the sole discretion

3 of the Attorney General grant asylum to an

4 alien if the alien applies for asylum in accord5 ance with this section and the alien establishes,

6 as a condition of being granted asylum, that it

7 is more probable than not that the government

8 of the country in which the alien last resided

9 before his arrival in the United States would

10 persecute the alien on account of the alien’s

11 race, religion, nationality, or political opinion if

12 the alien came into that government’s custody.

13 ‘‘(B) EXCEPTIONS.—Subparagraph (A)

14 shall not apply to an alien if the Attorney Gen15 eral determines that—

16 ‘‘(i) the alien ordered, incited, as17 sisted, or otherwise participated in the per18 secution of any person on account of race,

19 religion, nationality, or political opinion;

20 ‘‘(ii) the alien was convicted of a fel21 ony in the United States or of an equiva22 lent nonpolitical crime outside the United

23 States;

24 ‘‘(iii) the alien poses a danger to the

25 security of the United States; or
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1 ‘‘(iv) there is a country to which the

2 alien can be deported or returned and the

3 alien does not establish that it is more

4 probable than not that the government of

5 that country would persecute the alien on

6 account of the alien’s race, religion, nation7 ality, or political opinion if the alien came

8 into that government’s custody.

9 ‘‘(3) ASYLUM STATUS.—If an alien has been

10 granted asylum under paragraph (2) and such asy11 lum has not been terminated under paragraph (4),

12 the Attorney General—

13 ‘‘(A) shall not deport or return the alien;

14 ‘‘(B) may authorize the alien to engage in

15 employment in the United States; and

16 ‘‘(C) may permit the alien to depart the

17 United States for a purpose not inconsistent

18 with the grant of asylum and to enter the Unit19 ed States when the purpose for the departure

20 has been served.

21 ‘‘(4) TERMINATION.—The Attorney General

22 shall monitor the conditions outside the United

23 States that are the basis of outstanding grants of

24 asylum. Asylum granted to an alien under this sec25 tion shall be terminated if the Attorney General de-
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1 termines in the sole discretion of the Attorney Gen2 eral that—

3 ‘‘(A) the condition described in paragraph

4 (2)(A) no longer exists with respect to the alien;

5 or

6 ‘‘(B) one of the exceptions described in

7 paragraph (2)(B) applies to the alien.

8 ‘‘(5) ANNUAL AFFIRMATION.—Each alien

9 granted asylum shall submit, not less than annually,

10 and in accordance with regulations prescribed by the

11 Attorney General, an affirmation under penalty of

12 perjury whether the conditions upon which asylum

13 was granted still exist. The Attorney General shall

14 establish a procedure for review of such affirmations

15 and shall terminate asylum for any alien that has

16 failed to submit such affirmation. An affirmation

17 that the condition on which asylum was granted no

18 longer exists, but that a present condition warrants

19 a continuation of asylum, shall be regarded as a new

20 application for asylum, and asylum shall not be ter21 minated on the basis of such an affirmation until a

22 determination is reached on such new application.

23 ‘‘(6) PERSECUTION DEFINED.—For purposes of

24 this section, the term ‘persecution’ refers exclusively

25 to physical torture, maiming, the taking of life, in-
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1 carceration for a period or periods of more than one

2 year, or the return or deportation of an alien to a

3 country the government of which would more prob4 ably than not persecute the alien on account of race,

5 religion, nationality, or political opinion if the alien

6 came into that government’s custody.

7 ‘‘(b) ASYLUM PROCEDURES.—

8 ‘‘(1) APPLICATIONS.—

9 ‘‘(A) TIME OF APPLICATION.—

10 ‘‘(i) If the condition on which an asy11 lum application is based exists when an

12 alien arrives in the United States, the alien

13 must present himself or herself for exam14 ination to an immigration officer and give

15 notice of his or her intention to apply for

16 asylum and must apply for asylum before

17 entry into the United States.

18 ‘‘(ii) If the condition on which an asy19 lum application is based did not exist until

20 after the alien’s arrival in the United

21 States, the alien must apply on or before

22 the 60th day after such condition first

23 arises, or the 60th day preceding the end

24 of the alien’s authorized stay in the United

25 States, whichever day occurs later.
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1 ‘‘(B) IDENTIFICATION REQUIREMENTS.—

2 An application for asylum shall not be consid3 ered unless the alien submits to the taking of

4 fingerprints, a photograph, and such other iden5 tification procedures as the Attorney General

6 may prescribe.

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

8 provide for a reasonable fee for the consider9 ation of an application for asylum or for any

10 employment authorization under subsection

11 (a)(3)(B).

12 ‘‘(D) NOTICE OF PRIVILEGE OF COUN13 SEL.—Upon the earlier of an alien’s application

14 for asylum or giving notice of intention to apply

15 for asylum, the alien shall be advised of the

16 privilege of being represented (at no expense to

17 the government) by such counsel, authorized to

18 practice in such proceedings, as the alien shall

19 choose.

20 ‘‘(2) CONSIDERATION OF APPLICATIONS; HEAR21 INGS.—

22 ‘‘(A) ASYLUM OFFICERS.—Each applica23 tion for asylum shall be considered by an asy24 lum officer.

25 ‘‘(B) SCHEDULING OF HEARINGS.—
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1 ‘‘(i) IN GENERAL.—Upon the receipt

2 of an application for asylum, an asylum of3 ficer, at the earliest practicable time and

4 after consultation with the attorney for the

5 Government and the attorney (if any) for

6 the applicant, shall set the application for

7 hearing on a day certain or list it on a

8 weekly or other short-term calendar, so as

9 to assure a speedy hearing.

10 ‘‘(ii) DEADLINE.—Unless the appli11 cant (or an attorney for the applicant) con12 sents in writing to the contrary, the hear13 ing on the asylum application shall com14 mence not later than 45 days after the

15 date the application was made.

16 ‘‘(iii) NOTICE.—Written notice of the

17 time and place of the hearing and of any

18 change in the time or place of the hearing

19 shall be given to the applicant and to the

20 applicant’s attorney (if any).

21 ‘‘(iv) WAIVER.—An applicant for asy22 lum or his attorney may waive the oppor23 tunity of a hearing, in which case the asy24 lum officer shall not set the application for
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1 hearing and shall proceed directly to a de2 termination.

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

4 asylum application shall be open to the public

5 unless the applicant requests that it be closed

6 to the public or the Attorney General deter7 mines in the sole discretion of the Attorney

8 General that an open hearing would endanger

9 the security of the United States.

10 ‘‘(D) HEARING PROCEDURES.—The asy11 lum officer shall, to the extent practicable, con12 duct the hearing in a nonadversarial manner.

13 During such hearing, the applicant shall have

14 the privilege of the assistance and participation

15 of counsel and both the government and the ap16 plicant shall be entitled to present evidence and

17 witnesses, to examine and object to evidence,

18 and to cross-examine all witnesses.

19 ‘‘(E) COUNTRY CONDITIONS.—An asylum

20 officer may request opinions regarding country

21 conditions from the Secretary of State, but

22 shall not request or consider recommendations

23 from the Secretary of State as to whether a

24 particular individual should or should not be

25 granted asylum.
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1 ‘‘(F) RECORD OF HEARINGS.—A complete

2 verbatim record of the hearing and of evidence

3 produced at the hearing shall be kept. Upon the

4 request of the applicant or his attorney, the

5 Service shall provide a copy of such record to

6 the applicant or the applicant’s attorney.

7 ‘‘(G) DEADLINE FOR DETERMINATIONS.—

8 The asylum officer shall render a determination

9 on the application not later than 30 days after

10 the date of completion of the hearing. The de11 termination of the officer shall be based only on

12 the officer’s knowledge of conditions outside the

13 United States and evidence produced at the

14 hearing.

15 ‘‘(H) NO RIGHTS CREATED.—Nothing in

16 this paragraph relating to scheduling or dead17 lines shall be construed as creating any right or

18 benefit, substantive or procedural, that is le19 gally enforceable by any party against the Unit20 ed States, its agencies, its officers, or any other

21 person.

22 ‘‘(I) SANCTIONS FOR FAILURE TO AP23 PEAR—

24 ‘‘(i) The application for asylum of an

25 alien who does not appear for a hearing on
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1 such application shall be summarily dis2 missed unless the asylum officer, in the

3 sole discretion of the asylum officer, deter4 mines that the alien’s failure to appear was

5 due to exceptional circumstances (as de6 fined in section 242B(f)(2)).

7 ‘‘(ii) An application summarily dis8 missed in accordance with clause (i) shall

9 not be reopened or reconsidered, nor shall

10 a new application for asylum from the ap11 plicant be entertained by the Attorney

12 General at any time.

13 ‘‘(J) FINALITY OF DETERMINATIONS.—

14 ‘‘(i) IN GENERAL.—Except as pro15 vided in clause (ii), the decision of the asy16 lum officer shall be the final administrative

17 determination of a claim for asylum.

18 ‘‘(ii) REVIEW BY ATTORNEY GEN19 ERAL.—The Attorney General may reverse

20 an asylum officer’s determination to grant

21 asylum if, in the sole discretion of the At22 torney General, the Attorney General de23 termines that the grant of asylum was not

24 warranted or was not in the public inter25 est.
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1 ‘‘(c) DENIAL OF IMMIGRATION BENEFITS FOR FRIV2 OLOUS APPLICATIONS.—If the asylum officer determines

3 that an alien has made a frivolous or fraudulent applica4 tion for asylum under this section, the alien shall be per5 manently ineligible for any benefits under this Act, effec6 tive as of the date of a final determination on such appli7 cation.’’.

8 SEC. 103. FAILURE TO APPEAR FOR ASYLUM HEARING.

9 Section 242B(e)(4) (8 U.S.C. 1252b(e)(4)) is amend10 ed in subparagraph (A), by striking all after clause (iii)

11 and inserting ‘‘shall not be eligible for any benefits under

12 this Act.’’.

13 SEC. 104. JUDICIAL REVIEW.

14 Section 235 of the Immigration and Nationality Act

15 (8 U.S.C. 1225) is amended by adding at the end the fol16 lowing:

17 ‘‘(d) Notwithstanding any other provision of law, no

18 court shall have jurisdiction to review, except by petition

19 for habeas corpus, any determination made with respect

20 to an alien found excludable pursuant to titles I or II of

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

22 be limited to examination of whether the petitioner (I) is

23 an alien, and (II) was ordered excluded from the United

24 States pursuant to the provisions of this Act. Regardless

25 of the nature of the suit or claim, no court shall have juris-
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1 diction except as provided in this subsection to consider

2 the validity of any adjudication or determination of exclu3 sion, to certify a class in an action challenging the exclu4 sion provisions of this Act or any portion or implementa5 tion thereof, or to provide declaratory or injunctive relief

6 with respect to the exclusion of any alien.

7 ‘‘(e) In any action brought for the assessment of pen8 alties for improper entry or reentry of an alien under sec9 tions 275, 276, 277, or 278 of the Immigration and Na10 tionality Act, no court shall have jurisdiction to hear

11 claims collaterally attacking the validity of orders of exclu12 sion, or deportation entered under sections 235, 236, or

13 242 of that Act.’’.

14 SEC. 105. CONFORMING AMENDMENTS.

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

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

17 (b) ADJUSTMENT OF STATUS.—Section 209(b) of the

18 Immigration and Nationality Act (8 U.S.C. 1159(b)) is

19 amended—

20 (1) in paragraph (2) by striking ‘‘one year’’ and

21 inserting ‘‘5 years’’; and

22 (2) by amending paragraph (3) to read as

23 follows:

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

25 section 208,’’.
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1 (c) ALIENS INELIGIBLE FOR TEMPORARY PRO2 TECTED STATUS.—Section 244A(c)(2)(B)(ii) of the Immi3 gration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)(ii))

4 is amended by striking ‘‘section 243(h)(2)’’ and inserting

5 ‘‘clauses (i), (ii), or (iii) of section 208(a)(2)(B)’’.

6 (d) ELIGIBILITY FOR NATURALIZATION.—Section

7 316(f)(1) of the Immigration and Nationality Act (8

8 U.S.C. 1427(f)(1)) is amended by striking ‘‘subpara9 graphs (A) through (D) of paragraph 243(h)(2)’’ and in10 serting ‘‘clauses (i), (ii) or (iii) of section 208(a)(2)(B)’’.

11 (e) FAMILY UNITY.—Section 301(e) of the Immigra12 tion Act of 1990 (Public Law 101–649) is amended by

13 striking ‘‘section 243(h)(2)’’ and inserting ‘‘clauses (i), (ii)

14 or (iii) of section 208(a)(2)(B)’’.

15 SEC. 106. EFFECTIVE DATE.

16 The amendments made by this title shall take effect

17 30 days after the date of the enactment of this Act.

18 TITLE II—PROHIBITION OF FED19 ERAL BENEFITS FOR CER20 TAIN ALIENS

21 SEC. 201. PROHIBITION OF DIRECT FEDERAL FINANCIAL

22 BENEFITS TO CERTAIN ALIENS.

23 (a) IN GENERAL.—Except as otherwise provided in

24 this section, notwithstanding any other provision of law,
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1 no direct Federal financial or inkind benefit or social in2 surance benefit, including (but not limited to)—

3 (1) old age, survivors, and disability benefits

4 under title II of the Social Security Act;

5 (2) payments under the aid to families with de6 pendent children program under part A of title IV

7 of the Social Security Act;

8 (3) benefits under the supplemental security in9 come program under title XVI of the Social Security

10 Act;

11 (4) medical insurance for the elderly and dis12 abled under title XVIII of the Social Security Act;

13 (5) medical assistance for families, the elderly,

14 and disabled under title XIX of the Social Security

15 Act;

16 (6) food stamps under the Food Stamp Act of

17 1977;

18 (7) financial assistance as defined in section

19 214(b) of the Housing and Community Development

20 Act of 1980;

21 (8) legal services under the Legal Services Cor22 poration Act of 1974; and

23 (9) unemployment benefits under an unemploy24 ment compensation law of the United States or any

25 State;
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1 may be paid or otherwise made available to any person

2 unless the requirements of subsection (e) are satisfied.

3 (b) UNEMPLOYMENT BENEFITS.—Notwithstanding

4 any other provision of law, no period of an alien’s employ5 ment that is not authorized under the Immigration and

6 Nationality Act and no compensation paid with respect to

7 such employment shall be counted in determining either

8 eligibility for unemployment benefits or the amount of un9 employment benefits payable to any person under any un10 employment compensation law of the United States or any

11 State.

12 (c) SOCIAL SECURITY BENEFITS.—Notwithstanding

13 any other provision of law, wages paid with respect to em14 ployment of an alien that is not authorized under the Im15 migration and Nationality Act shall not be taken into ac16 count in crediting quarters of coverage for any person

17 under title II of the Social Security Act.

18 (d) EXCEPTION.—Subsection (a) shall not apply to

19 medical treatment for conditions that, if not treated

20 promptly, would endanger life, prolong severe pain, result

21 in permanent and severe physical disability, or pose a

22 grave public health risk.

23 (e) In the case of any application by or on behalf of

24 any person for any direct Federal financial or in-kind ben-
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1 efit or social insurance benefit, the requirements of this

2 subsection are satisfied only if—

3 (1) application for the benefit is made in writ4 ing to the agency or department authorized to pay

5 or make available the benefit;

6 (2) the application includes the name, sex, birth

7 date, birth place, social security number, and alien

8 identification number (if any) of such person (and of

9 any parent or guardian making application on behalf

10 of a minor or incompetent person);

11 (3) the application includes an affirmation

12 under penalty of perjury by such person, or by a

13 parent or guardian making application on behalf of

14 a minor or incompetent person, that—

15 (A) such person is a citizen of the United

16 States or an alien who is a grantee of asylum,

17 a lawfully admitted refugee, or other alien law18 fully admitted for permanent residence, and

19 (B) to the best of the affiant’s knowledge,

20 all information in the application is true and

21 correct;

22 (4) the application is accompanied by a photo23 copy of such person’s certificate of birth in the

24 United States, certificate of naturalization, or
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1 unexpired alien identification document issued by

2 the Immigration and Naturalization Service;

3 (5) the application, if made on behalf of such

4 person by a parent or guardian of such person, in5 cludes an affirmation under penalty of perjury by

6 such parent or guardian that such parent or guard7 ian is a citizen of the United States, an alien not

8 present in the United States, an alien lawfully

9 present in the United States, or an alien unlawfully

10 present in the United States;

11 (6) the application, if made on behalf of such

12 person by a parent or guardian of such person, is

13 accompanied by—

14 (A) a photocopy of such parent’s or guard15 ian’s certificate of birth in the United States,

16 certificate of naturalization, or alien identifica17 tion document, or

18 (B) a statement by such parent or guard19 ian under penalty of perjury that such agent or

20 guardian is an alien outside the United States

21 who has not been issued an unexpired alien

22 identification document by the Immigration and

23 Naturalization Service; and

24 (7) the Social Security Administration has con25 firmed to such agency or department that the social
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1 security number of such person and the social secu2 rity number of such parent or guardian, if any, is

3 valid and existing and was issued to the person hav4 ing the name, sex, birth date, and birth place given

5 in the application;

6 (8) the registrar of births or equivalent official

7 of each State that issued any birth certificate or cer8 tificates accompanying the application has confirmed

9 the authenticity of each such certificate to such de10 partment or agency; and

11 (9) the Immigration and Naturalization Service

12 has confirmed to such department or agency that—

13 (A) the alien identification number, if any,

14 of such person and the alien identification num15 ber, if any, of such parent or guardian is valid

16 and existing and was issued to the person hav17 ing the name, sex, birth date, and birth place

18 given in the application, and

19 (B) any certificate of naturalization or

20 alien identification document accompanying the

21 application is authentic and was issued to the

22 person having the name, birth date, and birth

23 place given in the application.
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1 TITLE III—CITIZENSHIP

2 SEC. 301. BASIS OF CITIZENSHIP CLARIFIED.

3 In the exercise of its powers under section 5 of the

4 Fourteenth Article of Amendment to the Constitution of

5 the United States, the Congress has determined and here6 by declares that any person born after the date of enact7 ment of this title to a mother who is neither a citizen or

8 national of the United States nor admitted to the United

9 States as a lawful permanent resident, and which person

10 is a citizen or national of another country of which either

11 of his or her natural parents is a citizen or national, or

12 is entitled upon application to become a citizen or national

13 of such country, shall be considered as born subject to the

14 jurisdiction of that foreign country and not subject to the

15 jurisdiction of the United States within the meaning of

16 section 1 of such Article and shall therefore not be a citi17 zen of the United States or of any State solely by reason

18 of birth in the United States.

19 TITLE IV—BORDER PATROL

20 SEC. 401. BORDER PATROL PERSONNEL.

21 The number of full-time officer positions in the Bor22 der Patrol of the United States shall be increased from

23 the number authorized in fiscal year 1995 by 1,000 in

24 each of the succeeding 5 fiscal years.

Æ
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