I

104TH CONGRESS

1ST SESSION H. R. 560

To reform the immigration laws of the United States.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 18, 1995

Mr. GALLEGLY introduced the following bill; which was referred to the Committee on the Judiciary and, in addition, to the Committees on Economic

and Educational Opportunities, International Relations, Government Reform and Oversight, Ways and Means, Agriculture, and Banking and Financial Services, 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 reform the immigration laws of 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 Reform

5 Act of 1995’’.

6 SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—IMMIGRATION AND LAW ENFORCEMENT

Sec. 101. Increased personnel levels of the border patrol.

Sec. 102. Increased funding for the border patrol.
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Sec. 103. Inservice training for the border patrol.

Sec. 104. Increase in I.N.S. support personnel.

Sec. 105. Strengthened enforcement of wage and hour laws.

Sec. 106. Strengthened enforcement of the employer sanctions provisions.

Sec. 107. Increased number of assistant United States attorneys.

Sec. 108. Prohibition of transportation of aliens for purposes of employment.

Sec. 109. Limitation on Federal financial assistance to localities that refuse to

cooperate in the arrest and deportation of unlawful aliens.

Sec. 110. Negotiations with Mexico and Canada.

TITLE II—IMMIGRATION DOCUMENT FRAUD PREVENTION

Sec. 201. Issuance of new identification cards for aliens.

Sec. 202. Implementation.

Sec. 203. No national identity card.

Sec. 204. Employer education program.

Sec. 205. Authorization of appropriations.

Sec. 206. Employment eligibility verification demonstration project.

TITLE III—RESTRICTIONS ON ALIEN ELIGIBILITY FOR WELFARE

Sec. 301. Prohibition of direct Federal financial benefits and unemployment

benefits to aliens who are not lawful permanent residents.

1 TITLE I—IMMIGRATION AND

2 LAW ENFORCEMENT

3 SEC. 101. INCREASED PERSONNEL LEVELS OF THE BORDER

4 PATROL.

5 The number of full-time positions in the Border Pa6 trol of the Department of Justice for fiscal year 1996 shall

7 be increased to 8,000.

8 SEC. 102. INCREASED FUNDING FOR THE BORDER PATROL.

9 In addition to funds otherwise available for such pur10 poses, there are authorized to be appropriated to the At11 torney General $50,000,000 for the fiscal year 1996,

12 which amount shall be available only for equipment, sup13 port services, and initial training for the Border Patrol.

14 Funds appropriated pursuant to this section are author15 ized to remain available until expended.
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1 SEC. 103. INSERVICE TRAINING FOR THE BORDER PATROL.

2 (a) REQUIREMENT.—Section 103 of the Immigration

3 and Nationality Act (8 U.S.C. 1103) is amended by add4 ing at the end the following new subsection:

5 ‘‘(e)(1) The Attorney General shall continue to pro6 vide for such programs of inservice training for full-time

7 and part-time personnel of the Border Patrol in contact

8 with the public as will familiarize the personnel with the

9 rights and varied cultural backgrounds of aliens and citi10 zens in order to ensure and safeguard the constitutional

11 and civil rights, personal safety, and human dignity of all

12 individuals, aliens as well as citizens, within the jurisdic13 tion of the United States with whom they have contact

14 in their work.

15 ‘‘(2) The Attorney General shall provide that the an16 nual report of the Service include a description of steps

17 taken to carry out paragraph (1).’’.

18 (b) AUTHORIZATION OF APPROPRIATIONS.—There

19 are authorized to be appropriated to the Attorney General

20 $1,000,000 for fiscal year 1996 to carry out the inservice

21 training described in section 103(e) of the Immigration

22 and Nationality Act. The funds appropriated pursuant to

23 this subsection are authorized to remain available until ex24 pended.
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1 SEC. 104. INCREASE IN I.N.S. SUPPORT PERSONNEL.

2 In order to provide support for the increased person3 nel levels of the border patrol authorized in section 101,

4 the number of full-time support positions for investigation,

5 detention and deportation, intelligence, information and

6 records, legal proceedings, and management and adminis7 tration in the Immigration and Naturalization Service

8 shall be increased by 580 positions above the number of

9 equivalent positions as of September 30, 1994.

10 SEC. 105. STRENGTHENED ENFORCEMENT OF WAGE AND

11 HOUR LAWS.

12 (a) IN GENERAL.—The number of full-time positions

13 in the Wage and Hour Division with the Employment

14 Standards Administration of the Department of Labor for

15 the fiscal year 1996 shall be increased by 250 positions

16 above the number of equivalent positions available to the

17 Wage and Hour Division as of September 30, 1994.

18 (b) ASSIGNMENT.—Individuals employed to fill the

19 additional positions described in subsection (a) shall be as20 signed to investigate violations of wage and hour laws in

21 areas where the Attorney General has notified the Sec22 retary of Labor that there are high concentrations of un23 documented aliens.
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1 SEC. 106. STRENGTHENED ENFORCEMENT OF THE EM2 PLOYER SANCTIONS PROVISIONS.

3 (a) IN GENERAL.—The number of full-time positions

4 in the Investigations Division within the Immigration and

5 Naturalization Service of the Department of Justice for

6 the fiscal year 1996 shall be increased by 250 positions

7 above the number of equivalent positions available to such

8 Division as of September 30, 1994.

9 (b) ASSIGNMENT.—Individuals employed to fill the

10 additional positions described in subsection (a) shall be as11 signed to investigate violations of the employer sanctions

12 provisions contained in section 274A of the Immigration

13 and Nationality Act, including investigating reports of vio14 lations received from officers of the Employment Stand15 ards Administration of the Department of Labor.

16 SEC. 107. INCREASED NUMBER OF ASSISTANT UNITED

17 STATES ATTORNEYS.

18 (a) IN GENERAL.—The number of Assistant United

19 States Attorneys that may be employed by the Depart20 ment of Justice for the fiscal year 1996 shall be increased

21 by 21 above the number of Assistant United States Attor22 neys that could be employed as of September 30, 1994.

23 (b) ASSIGNMENT.—Individuals employed to fill the

24 additional positions described in subsection (a) shall be

25 specially trained to be used for the prosecution of persons
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1 who bring into the United States or harbor illegal aliens,

2 fraud, and other criminal statutes involving illegal aliens.

3 SEC. 108. PROHIBITION OF TRANSPORTATION OF ALIENS

4 FOR PURPOSES OF EMPLOYMENT.

5 Section 274(a)(1)(A)(ii) of the Immigration and Na6 tionality Act (8 U.S.C. 1324(a)(1)(A)(ii)) is amended by

7 inserting before the semicolon at the end the following:

8 ‘‘or in furtherance of the employment of such alien’’.

9 SEC. 109. LIMITATION ON FEDERAL FINANCIAL ASSIST10 ANCE TO LOCALITIES THAT REFUSE TO CO11 OPERATE IN THE ARREST AND DEPORTATION

12 OF UNLAWFUL ALIENS.

13 Notwithstanding any other provision of law, no Fed14 eral financial assistance shall be paid to any local govern15 ment on and after such date as the Attorney General cer16 tifies that an official, officer, or employee of the local gov17 ernment (including its police department) in the exercise

18 of (and within the lawful scope of) the individual’s official

19 duties has refused, on or after the date of the enactment

20 of this Act, to cooperate with an officer or employee of

21 the Department of Justice (including the Immigration and

22 Naturalization Service) with respect to the arrest and de23 portation of an alien who is not lawfully present within

24 the United States.
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1 SEC. 110. NEGOTIATIONS WITH MEXICO AND CANADA.

2 It is the sense of the Congress that—

3 (1) the Attorney General, jointly with the Sec4 retary of State, should initiate discussions with Mex5 ico and Canada to establish formal bilateral pro6 grams with those countries to prevent and to pros7 ecute the smuggling of undocumented aliens into the

8 United States;

9 (2) not later than one year after the date of en10 actment of this Act, the Attorney General shall re11 port to the Congress the progress made in establish12 ing such programs; and

13 (3) in any such program established under this

14 Act, major emphasis should be placed on deterring

15 and prosecuting persons involved in the organized

16 and continued smuggling of undocumented aliens.

17 TITLE II—IMMIGRATION DOCU18 MENT FRAUD PREVENTION

19 SEC. 201. ISSUANCE OF NEW IDENTIFICATION CARDS FOR

20 ALIENS.

21 (a) IN GENERAL.—The Attorney General shall cause

22 to be issued new registration and identification cards to

23 all aliens who are qualified to hold employment in the

24 United States for the purpose of providing proof of em25 ployment eligibility under section 274A of the Immigration

26 and Nationality Act (8 U.S.C. 1324a).
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1 (b) REQUIREMENTS.—(1) Each new registration and

2 identification card issued under subsection (a) shall—

3 (A) be in a form which is resistant to counter4 feiting and tampering;

5 (B) be designed in such a manner so that an

6 employer can reliably determine that—

7 (i) the person with the bearer’s claimed

8 identity is eligible to be employed in the United

9 States, and

10 (ii) the bearer is not claiming the identity

11 of another individual;

12 (C) contain a photograph and other identifying

13 information (such as date of birth, sex, and distin14 guishing marks) that would allow an employer to de15 termine with reasonable certainty that the bearer is

16 not claiming the identity of another individual;

17 (D) in the case of a card issued to—

18 (i) a work-eligible nonimmigrant admitted

19 under section 214 of the Immigration and Na20 tionality Act (8 U.S.C. 1184),

21 (ii) an alien admitted for temporary resi22 dence under section 210 of such Act (8 U.S.C.

23 1160),
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1 (iii) an alien granted temporary protected

2 status under section 244A of such Act (8

3 U.S.C. 1254a), and

4 (iv) an alien authorized to work by the Im5 migration and Naturalization Service pending a

6 final determination of deportability,

7 shall specify the expiration date of the work author8 ization on the face of the card; and

9 (E) shall specify the alien’s admission number

10 or alien file number.

11 (2) The new card shall be valid for a period of 10

12 years and must be reissued to remain valid after the 10th

13 anniversary of the date of its issue.

14 (3) The new card shall note on its face whether work

15 authorization is restricted.

16 (4) An employer, for purposes of satisfying the re17 quirements of section 274A(b) of the Immigration and

18 Nationality Act—

19 (A) may require an alien seeking employment to

20 produce the new card as proof of employment eligi21 bility, and

22 (B) may inquire whether an applicant’s limited

23 work authorization has expired or has been reau24 thorized at the end of a work authorization period.
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1 Such a requirement or inquiry shall not constitute an un2 fair immigration-related employment practice under sec3 tion 274B of such Act.

4 SEC. 202. IMPLEMENTATION.

5 (a) IN GENERAL.—Each alien who is authorized to

6 be employed in the United States shall, on or before Octo7 ber 1, 1996, turn in any alien registration and identifica8 tion card which is in the alien’s possession at any post

9 office or office of the Immigration and Naturalization

10 Service. No resident alien shall receive the new card

11 until—

12 (1) the alien—

13 (A) has surrendered the old green card,

14 (B) has provided proof of identity,

15 (C) has provided such other documents as

16 may be required under law, and

17 (D) has paid a fee (not to exceed $75) that

18 is reasonable and sufficient to cover the costs of

19 administration of this section; and

20 (2) the Service has verified the lawful status of

21 the alien.

22 The Attorney General may waive payment of the fee under

23 paragraph (1)(D) (or reduce the amount of such fee) if

24 the alien provides satisfactory evidence that the alien can25 not afford the full fee.
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1 (b) POSTING OF NOTICES.—Notices of the require2 ment of subsection (a) shall be posted in all post offices

3 and Immigration and Naturalization Service offices and

4 published in local newspapers during fiscal year 1996.

5 (c) INVALIDITY OF OLD CARDS.—Any alien registra6 tion or identification card for permanent resident aliens,

7 other than an alien registration and identification card is8 sued under this section, shall be invalid as of midnight

9 of October 1, 1998.

10 (d) USE OF NEW CARDS UNDER SAVE PROGRAM.—

11 (1) IN GENERAL.—Section 1137(d) of the So12 cial Security Act (42 U.S.C. 1320b–7(d)) is amend13 ed—

14 (A) in paragraph (2), by striking ‘‘either’’

15 and all that follows through the end and insert16 ing the following: ‘‘a registration and identifica17 tion card issued under section 2(a) of the Immi18 gration Reform Act of 1995.’’,

19 (B) in paragraph (3), by striking ‘‘para20 graph (2)(A)’’ and inserting ‘‘paragraph (2)’’,

21 and

22 (C) in paragraph (4), by striking ‘‘para23 graph (2)(A)’’ and inserting ‘‘such paragraph’’.
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1 (2) HOUSING ASSISTANCE.—Section 214(d) of

2 the Housing and Community Development Act of

3 1980 (42 U.S.C. 1436a(d)) is amended—

4 (A) in paragraph (2), by striking ‘‘either’’

5 and all that follows through the end and insert6 ing the following: ‘‘a registration and identifica7 tion card issued under section 2(a) of the Immi8 gration Reform Act of 1995.’’,

9 (B) in paragraph (3), by striking ‘‘para10 graph (2)(A)’’ and inserting ‘‘paragraph (2)’’,

11 (C) in paragraph (4), by striking ‘‘para12 graph (2)(A)’’ the first place it appears and in13 serting ‘‘paragraph (2)’’, and

14 (D) in paragraph (4), by striking ‘‘para15 graph (2)(A)’’ the second place it appears and

16 inserting ‘‘such paragraph’’.

17 (3) EFFECTIVE DATE.—The amendments made

18 by this subsection shall take effect on October 1,

19 1998.

20 SEC. 203. NO NATIONAL IDENTITY CARD.

21 The new card described in section 201—

22 (1) shall not be considered a national identity

23 card;

24 (2) shall not be issued to any citizen or national

25 of the United States; and
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1 (3) shall—

2 (A) not be required to be carried on one’s

3 person, and

4 (B) not be required to be presented other

5 than—

6 (i) upon request by a prospective em7 ployer for any purposes other than under

8 this section or under sections 1001, 1023,

9 1566, and 1621 of title 18, United States

10 Code, or to satisfy the requirements of sec11 tion 274A of the Immigration and Nation12 ality Act, or

13 (ii) for purposes of carrying out sec14 tion 1137(d) of the Social Security Act or

15 section 214(d) of the Housing and Com16 munity Development Act of 1980.

17 SEC. 204. EMPLOYER EDUCATION PROGRAM.

18 The Attorney General, in consultation with the Sec19 retary of Labor, the Administrator of the Small Business

20 Administration, and the Commissioner of the Internal

21 Revenue, shall conduct a nationwide program to inform

22 employers about their responsibilities under the Immigra23 tion and Nationality Act and the uses of the new alien

24 registration and identification cards issued under this Act.
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1 SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated $5,000,000

3 for each of fiscal years 1996 and 1997 to carry out this

4 Act.

5 SEC. 206. EMPLOYMENT ELIGIBILITY VERIFICATION DEM6 ONSTRATION PROJECT.

7 The Attorney General shall continue to conduct the

8 demonstration projects under section 274A of the Immi9 gration and Nationality Act in order to establish if it is

10 feasible to determine the employment eligibility of aliens

11 authorized to work in the United States through the use

12 of a telephone and computation capability that is available

13 on the date of enactment of this Act. The Attorney Gen14 eral shall submit a report to Congress on such projects

15 by not later than October 1, 1995.

16 TITLE III—RESTRICTIONS ON

17 ALIEN ELIGIBILITY FOR WEL18 FARE

19 SECTION 301. PROHIBITION OF DIRECT FEDERAL FINAN20 CIAL BENEFITS AND UNEMPLOYMENT BENE21 FITS TO ALIENS WHO ARE NOT LAWFUL PER22 MANENT RESIDENTS.

23 (a) IN GENERAL.—On and after the date of the en24 actment of this Act, notwithstanding any other provision

25 of law, no direct Federal financial benefit or social insur26 ance benefit, including (but not limited to)—
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1 (1) payments under the aid to families with de2 pendent children program under part A of title IV

3 of the Social Security Act,

4 (2) benefits under the supplemental security in5 come program under title XVI of the Social Security

6 Act,

7 (3) food stamps under the Food Stamp Act of

8 1977, and

9 (4) financial assistance (as defined in section

10 214(b) of the Housing and Community Development

11 Act of 1980),

12 may be paid or otherwise given to any person who is not

13 a citizen or national of the United States, an alien lawfully

14 admitted for permanent residence, or an alien otherwise

15 lawfully and permanently residing in the United States (as

16 defined in subsection (e)), except pursuant to a provision

17 of the Immigration and Nationality Act.

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

19 not been granted employment authorization pursuant to

20 Federal law shall be eligible for unemployment benefits.

21 (c) SOCIAL SECURITY BENEFITS.—

22 (1) IN GENERAL.—Subsection (a) shall not

23 apply to benefits paid under the old age, survivors,

24 and disability insurance program under title II of

25 the Social Security Act.
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1 (2) NO CREDIT FOR WAGES FOR UNAUTHOR2 IZED EMPLOYMENT.—Notwithstanding any other

3 provision of law, wages paid on or after the date of

4 the enactment of this Act with respect to an alien’s

5 employment which is not authorized under law shall

6 not be taken into account in crediting quarters of

7 coverage under title II of the Social Security Act.

8 (d) CONSTRUCTION.—This section shall not apply to

9 the provision of foreign aid to aliens abroad.

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

11 term ‘‘alien otherwise lawfully and permanently residing

12 in the United States’’ means any person who at the time

13 the person applies for, receives, or attempts to receive a

14 Federal financial benefit or social insurance benefit is an

15 asylee, a refugee, or a parolee.

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