I

104TH CONGRESS

1ST SESSION H. R. 756

To amend the Immigration and Nationality Act and other laws of the United

States relating to border security, illegal immigration, alien eligibility

for Federal financial benefits and services, criminal activity by aliens,

alien smuggling, fraudulent document use by aliens, asylum, terrorist

aliens, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 31, 1995

Mr. HUNTER (for himself, Mr. MOORHEAD, Mr. YOUNG of Alaska, Mr.

ROHRABACHER, Mr. MCCOLLUM, Mr. KIM, Mr. CUNNINGHAM, Mr. CALVERT, Mr. STUMP, Mr. BURTON of Indiana, Mr. BRYANT of Tennessee,

Mr. GALLEGLY, Mr. GREENWOOD, Mr. COLLINS of Georgia, Mr. CANADY

of Florida, Mr. GOODLATTE, Mr. MCKEON, Mr. BILBRAY, and Mr.

SHAW) introduced the following bill; which was referred to the Committee

on the Judiciary and, in addition, to the Committees on National Security, Ways and Means, Banking and Financial Services, and Government

Reform and Oversight, 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 amend the Immigration and Nationality Act and other

laws of the United States relating to border security,

illegal immigration, alien eligibility for Federal financial

benefits and services, criminal activity by aliens, alien

smuggling, fraudulent document use by aliens, asylum,

terrorist aliens, and for other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

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

5 Control Act of 1995’’.

6 SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—INTERDICTION

Sec. 101. Physical barriers.

Sec. 102. Border patrol agents.

Sec. 103. Interior repatriation program.

Sec. 104. Detention facilities.

Sec. 105. Notice to service of port of entry arrivals.

Sec. 106. Border crossing fee.

Sec. 107. Border Control Trust Fund.

TITLE II—ALIEN SMUGGLING

Sec. 201. Expanded forfeiture for smuggling or harboring illegal aliens.

Sec. 202. Including alien smuggling as a racketeering activity for purposes of

racketeering influenced and corrupt organizations (RICO) enforcement authority.

Sec. 203. Enhanced penalties for certain alien smuggling and for employers

who knowingly employ smuggled aliens.

Sec. 204. Wiretap authority for alien smuggling investigations.

TITLE III—EMPLOYMENT

Sec. 301. Improvement of work eligibility documents.

Sec. 302. Immigration and Naturalization Service investigators.

TITLE IV—GOVERNMENT BENEFITS

Sec. 401. Prohibition of benefits for certain categories of aliens.

Sec. 402. Unemployment benefits.

Sec. 403. Housing benefits.

Sec. 404. Save system.

Sec. 405. Limitation on Federal financial assistance to localities that refuse to

cooperate in the arrest and deportation of unlawful aliens.

Sec. 406. Uniform vital statistics.

TITLE V—CRIMINAL ALIENS

Sec. 501. Authorizing registration of aliens on criminal probation or criminal

parole.

Sec. 502. Restricting defenses to deportation for certain criminal aliens.

Sec. 503. Miscellaneous and technical changes.
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Sec. 504. Criminal alien tracking center.

Sec. 505. Prisoner transfer treaty study.

Sec. 506. Expediting criminal alien deportation and exclusion.

TITLE VI—TERRORIST ALIENS

Sec. 601. Removal of alien terrorists.

Sec. 602. Membership in a terrorist organization as a basis for exclusion from

the United States under the Immigration and Nationality Act.

TITLE VII—INSPECTIONS

Sec. 701. Preinspection at foreign airports.

Sec. 702. Training of airline personnel in detection of fraudulent documents.

TITLE VIII—ASYLUM

Sec. 801. Inspection and exclusion by immigration officers.

Sec. 802. Asylum.

Sec. 803. Failure to appear for provisional asylum hearing; judicial review.

Sec. 804. Conforming amendments.

Sec. 805. Effective dates.

1 TITLE I—INTERDICTION

2 SEC. 101. PHYSICAL BARRIERS.

3 The Attorney General, in consultation with the Com4 missioner of the Immigration and Naturalization Service,

5 shall take action to install additional physical barriers at

6 the United States border to deter unauthorized crossings

7 in areas of high illegal entry into the United States. Such

8 additional barriers shall include barriers similar to those

9 in use in the San Diego, California, vicinity.

10 SEC. 102. BORDER PATROL AGENTS.

11 In addition to such amounts as are otherwise author12 ized to be appropriated, there is authorized to be appro13 priated for each of the fiscal years 1996, 1997, 1998,

14 1999, and 2000 for salaries and expenses of the Border

15 Patrol such amounts as may be necessary to provide for

16 an increase in the number of agents of the Border Patrol
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1 to 10,000 full-time equivalent agent positions (and nec2 essary support personnel positions) beyond the number of

3 such positions authorized for the Border Patrol as of Octo4 ber 1, 1994.

5 SEC. 103. INTERIOR REPATRIATION PROGRAM.

6 Not later than 180 days after the date of enactment

7 of this Act, the Attorney General and the Commissioner

8 of the Immigration and Naturalization Service shall de9 velop and implement a program in which aliens who pre10 viously have illegally entered the United States not less

11 than 3 times and are deported or returned to a country

12 contiguous to the United States will be returned to loca13 tions not less than 500 kilometers from that country’s bor14 der with the United States.

15 SEC. 104. DETENTION FACILITIES.

16 (a) BORDER DETENTION FACILITIES.—Not later

17 than 180 days after the date of enactment of this Act,

18 the Attorney General and the Commissioner of the Immi19 gration and Naturalization Service shall take appropriate

20 action to increase the capability of the Immigration and

21 Naturalization Service to detain individuals who have ille22 gally entered the United States at a border area.

23 (b) TRANSFER OF CLOSED MILITARY BASES FOR

24 FEDERAL ILLEGAL ALIEN INCARCERATION FACILI25 TIES.—
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1 (1) PRIORITY AVAILABILITY TO DEPARTMENT

2 OF JUSTICE.—Notwithstanding any other provision

3 of law, a military installation or facility of the De4 partment of Defense to be closed under a base clo5 sure law may be made available, as determined by

6 the Attorney General, to the Bureau of Prisons of

7 the Department of Justice for use as a facility for

8 the incarceration of aliens who are subject to exclu9 sion or deportation from the United States.

10 (2) DEFINITION.—For purposes of this sub11 section, the term ‘‘base closure law’’ means each of

12 the following:

13 (A) The Defense Base Closure and Re14 alignment Act of 1990 (part A of title XXIX of

15 Public Law 101–510; 10 U.S.C. 2687 note).

16 (B) Title II of the Defense Authorization

17 Amendments and Base Closure and Realign18 ment Act (Public Law 100–526; 10 U.S.C.

19 2687 note).

20 (C) Section 2687 of title 10, United States

21 Code.

22 (D) Any other similar law enacted after

23 the date of the enactment of this Act.
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1 SEC. 105. NOTICE TO SERVICE OF PORT OF ENTRY

2 ARRIVALS.

3 The Attorney General is authorized to require, by

4 regulation, not less than 24 hour advance notice to the

5 Immigration and Naturalization Service of the intention

6 of any vessel to arrive at any port of entry.

7 SEC. 106. BORDER CROSSING FEE.

8 The Commissioner shall collect a user fee for each

9 entry into the United States by land after December 31,

10 1995. The amount of the fee to be charged shall be deter11 mined by the Commission and the Attorney General and

12 such amount (rounded to the nearest whole dollar) shall

13 not exceed the current fee charged to persons entering the

14 United States by air. The Commissioner by regulation

15 may establish a reduced fee or a multiple-crossing fee for

16 frequent border crossers.

17 SEC. 107. BORDER CONTROL TRUST FUND.

18 There is established a Border Control Trust Fund

19 (‘‘Fund’’) under the control of the Commissioner. The fees

20 collected under section 106 shall be deposited into the

21 Fund. Amounts deposited into the Fund and the earnings

22 thereon shall be expended by the Commissioner exclusively

23 for (1) measures, personnel, structures, and devices to

24 deter and prevent illegal entry of persons and contraband

25 into the United States by land or by sea, (2) construction

26 and operation of facilities to expedite lawful border traffic
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1 and reduce, where practical, extensive delays in the time

2 required for lawful entry of goods and persons, (3) depor3 tation of aliens, (4) construction and operation of facilities

4 used to detain individuals who have entered the United

5 States illegally at the border including the mandate costs

6 necessary to fully utilize INS Service Processing Center

7 facilities, available local and State facilities, and available

8 contract facilities, and (5) financial and other assistance

9 to State and local law enforcement agencies that have en10 tered into cooperative arrangements with the Immigration

11 and Naturalization Service. Not less than 80 percent of

12 the sum of (a) amounts deposited into the Fund during

13 a fiscal year and (b) the earnings of the Fund during that

14 fiscal year shall be expended during that or the subsequent

15 fiscal year.

16 TITLE II—ALIEN SMUGGLING

17 SEC. 201. EXPANDED FORFEITURE FOR SMUGGLING OR

18 HARBORING ILLEGAL ALIENS.

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

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

21 1324(b)) is amended to read as follows:

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

23 following property shall be subject to seizure and forfeit24 ure:
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1 ‘‘(i) Any conveyance, including any vessel, vehi2 cle, or aircraft, which has been or is being used in

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

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

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

6 traceable to, the proceeds obtained directly or

7 indirectly from the commission of a violation of

8 subsection (a), or

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

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

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

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

13 carrier in the transaction of business as a common carrier

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

15 other person with lawful custody of the property was a

16 consenting party to or privy to the violation of subsection

17 (a) or of section 274A(a)(1) or 274A(a)(2).

18 ‘‘(ii) No property shall be forfeited under the provi19 sions of this section by reason of any act or omission es20 tablished by the owner to have been committed or omitted

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

22 unlawfully in the possession of a person other than the

23 owner in violation of the criminal laws of the United

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

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

4 the owner to have been committed or omitted without the

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

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

8 custody of the property with the intent of furthering the

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

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

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

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

14 (1) in paragraph (2)—

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

16 ‘‘property’’ each place it appears, and

17 (B) by striking ‘‘is being used in’’ and in18 serting ‘‘is being used in, is facilitating, has fa19 cilitated, is facilitating or was intended to facili20 tate’’; and

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

22 conveyance’’, ‘‘any conveyance’’, and ‘‘conveyance’’

23 and inserting ‘‘property’’ each place it appears.
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1 SEC. 202. INCLUDING ALIEN SMUGGLING AS A RACKETEER2 ING ACTIVITY FOR PURPOSES OF RACK3 ETEERING INFLUENCED AND CORRUPT OR4 GANIZATIONS (RICO) ENFORCEMENT AU5 THORITY.

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

7 amended—

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

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

10 following: ‘‘, or (F) any act which is indictable under

11 section 274(a)(1) of the Immigration and National12 ity Act (relating to alien smuggling)’’.

13 SEC. 203. ENHANCED PENALTIES FOR CERTAIN ALIEN

14 SMUGGLING AND FOR EMPLOYERS WHO

15 KNOWINGLY EMPLOY SMUGGLED ALIENS.

16 Section 274(a)(1) (8 U.S.C. 1324(a)(1)) is amend17 ed—

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

19 (C),

20 (2) by striking the comma at the end of sub21 paragraph (D) and inserting ‘‘; or’’,

22 (3) by inserting after subparagraph (D) the fol23 lowing:

24 ‘‘(E) contracts or agrees with another party for

25 that party to provide, for employment by the person

26 or another, an alien who is not authorized to be em-
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1 ployed in the United States, knowing that such

2 party intends to cause such alien to be brought into

3 the United States in violation of the laws of the

4 United States,’’, and

5 (4) by striking ‘‘five years’’ and inserting ‘‘ten

6 years’’.

7 SEC. 204. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN8 VESTIGATIONS.

9 Section 2516(1) of title 18, United State Code, is

10 amended—

11 (1) in paragraph (c) by inserting after ‘‘weap12 ons),’’ the following: ‘‘or a felony violation of section

13 1028 (relating to production of false identification

14 documentation), section 1542 (relating to false

15 statements in passport applications), section 1546

16 (relating to fraud and misuse of visas, permits, and

17 other documents),’’;

18 (2) by striking out ‘‘or’’ after paragraph (l) and

19 redesignating paragraphs (m), (n), and (o) as para20 graphs (n), (o), and (p), respectively; and

21 (3) by inserting after paragraph (l) the follow22 ing new paragraph:

23 ‘‘(m) a violation of section 274 of the Immigration

24 and Nationality Act (8 U.S.C. 1324) (relating to alien

25 smuggling), of section 277 of the Immigration and Nation-
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1 ality Act (8 U.S.C. 1327) (relating to the smuggling of

2 aliens convicted of aggravated felonies or of aliens subject

3 to exclusion on grounds of national security), or of section

4 278 of the Immigration and Nationality Act (8 U.S.C.

5 1328) (relating to smuggling of aliens for the purpose of

6 prostitution or other immoral purpose);’’.

7 TITLE III—EMPLOYMENT

8 SEC. 301. IMPROVEMENT OF WORK ELIGIBILITY DOCU9 MENTS.

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

12 Immigration and Nationality Act is amended—

13 (1) by striking paragraph (1) of subsection (b)

14 and inserting:

15 ‘‘(1) ATTESTATION AFTER EXAMINATION AND

16 VERIFICATION OF DOCUMENTATION.—The person or

17 entity must attest, under penalty or perjury and on

18 a form designated or established by the Attorney

19 General by regulation, that it has verified that the

20 individual is not an unauthorized alien by—

21 ‘‘(A) examining the individual’s Social Se22 curity account number card issued pursuant to

23 subsection (d)(1), and

24 ‘‘(B) verifying the individual’s Social Secu25 rity account number through the verification
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1 system established pursuant to subsection

2 (d)(4).’’,

3 (2) by inserting the following paragraph and re4 designating the subsequent paragraphs accordingly:

5 ‘‘(2) VERIFICATION OF CONTINUED WORK ELI6 GIBILITY FOR ALIENS WITH LIMITED WORK AU7 THORIZATION.—In the case of an alien whose work

8 authorization has an expiration date, a person or en9 tity who continues to employ such an alien after the

10 date the employment authorization expires must ver11 ify, through the verification system established pur12 suant to subsection (d)(4), that the alien’s work au13 thorization has been extended.’’, and

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

15 ‘‘(7) Notwithstanding any other provision of

16 law, a person or entity may not be considered to dis17 criminate by requesting the production of the docu18 mentation required under this subsection in the hir19 ing, recruiting, or referring of an individual for em20 ployment in the United States.’’.

21 (b) EFFECTIVE DATES.—(1) Subsection (a)(1) shall

22 be effective as of July 1, 1996.

23 (2) Paragraphs (2) and (3) of subsection (a) shall

24 be effective upon enactment of this Act.
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1 (c) ENHANCEMENT OF SOCIAL SECURITY CARDS

2 AND ESTABLISHMENT OF EMPLOYMENT VERIFICATION

3 SYSTEM.—Section 274A(d) of the Immigration and Na4 tionality Act is amended to read as follows:

5 ‘‘(d) EMPLOYMENT VERIFICATION SYSTEM.—

6 ‘‘(1) ENHANCEMENT OF SOCIAL SECURITY

7 CARDS.—

8 ‘‘(A) ISSUANCE OF ENHANCED CARD FOR

9 CITIZENS.—The Secretary shall cause to be is10 sued enhanced Social Security account number

11 cards to United States citizens and United

12 States nationals who are 16 years of age or

13 older upon application, proof of identity, proof

14 of citizenship or nationality, and payment of a

15 reasonable fee.

16 ‘‘(B) ISSUANCE OF ENHANCED CARD FOR

17 ALIENS.—The Secretary shall cause to be is18 sued enhanced Social Security account number

19 cards to aliens lawfully admitted for permanent

20 residence or who are otherwise authorized to

21 work in the United States and who are 16 years

22 of age or older upon application, proof of iden23 tity, verification of status by the Immigration

24 and Naturalization Service, and payment of a

25 reasonable fee.
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1 ‘‘(2) REQUIREMENTS OF NEW CARDS.—(A) The

2 cards issued pursuant to paragraph (1) shall—

3 ‘‘(i) be uniform in appearance,

4 ‘‘(ii) be as tamper-proof and counterfeit-re5 sistant as is practicable,

6 ‘‘(iii) contain a photograph and such other

7 identifying information that is specific to each

8 person as the Secretary shall determine,

9 ‘‘(iv) contain the name, sex, date of birth,

10 citizenship status, and Social Security account

11 number of the issuee, and

12 ‘‘(v) incorporate a machine-readable encod13 ing of the information contained in the card.

14 ‘‘(B) The cards issued pursuant to paragraph

15 (1)(B) to aliens who are not permanent resident

16 aliens shall indicate whether the work authorization

17 granted to the alien has an expiration date.

18 ‘‘(3) IMPLEMENTATION.—(A) All Social Secu19 rity account number cards issued after July 1, 1996,

20 must be issued pursuant to the requirements under

21 this subsection.

22 ‘‘(B) After July 1, 1996, individuals applying

23 for employment shall be required to apply for en24 hanced Social Security account cards to be issued

25 pursuant to paragraph (1).
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1 ‘‘(C) By January 1, 2000, all individuals who

2 are 16 years of age or older and who have a Social

3 Security account number must apply for Social Se4 curity account number card issued pursuant to para5 graph (1).

6 ‘‘(4) VERIFICATION SYSTEM.—

7 ‘‘(A) IN GENERAL.—The Secretary, in con8 sultation with the Attorney General, shall make

9 such modifications and improvements as are

10 necessary to current data bases and systems to

11 develop and implement a verification system

12 that a person or entity can access by telephone

13 or other electronic means. Such system shall

14 allow for verification that an individual’s Social

15 Security account number—

16 ‘‘(i) has been issued,

17 ‘‘(ii) was issued to an individual au18 thorized to work in the United States, and

19 ‘‘(iii) is not a number issued to a de20 ceased individual that has not been re21 issued.

22 The system shall also provide any other infor23 mation that the Secretary and Attorney General

24 determine is needed to verify that the number

25 is a number issued validly to the individual and
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1 that such individual is authorized to work in

2 the United States.

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

4 $2 plus any line charges payable to a telephone

5 carrier or equivalent entity, shall be charged for

6 each instance of accessing the verification sys7 tem to pay for the costs of operating the sys8 tem.

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

10 system required by this paragraph shall be

11 operational by July 1, 1996.

12 ‘‘(5) FUNDING OF EMPLOYMENT VERIFICATION

13 SYSTEM.—

14 ‘‘(A) The amount of the fee that is to be

15 charged under paragraph (1) shall be the

16 amount (rounded to the nearest whole dollar),

17 not exceeding $40, required to cover the costs

18 of issuing the cards. The Secretary shall pro19 vide for the waiver of any fee for persons un20 able to pay.

21 ‘‘(B) Any costs incurred in developing and

22 implementing the new Social Security account

23 number cards and verification system estab24 lished under this subsection that exceed the fees

25 collected under paragraph (1) shall not be paid
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1 for out of any trust fund established under the

2 Social Security Act.

3 ‘‘(6) PRIVACY PROTECTIONS.—

4 ‘‘(A) Any personal information utilized by

5 the system may not be made available to Gov6 ernment agencies, employers, and other persons

7 except to the extent necessary to verify that an

8 individual is not an unauthorized alien.

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

10 and security of personal information and identi11 fiers utilized in the system.

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

13 prospective employee is eligible to be employed

14 in the United States may not be withheld or re15 voked under the system for any reason other

16 than that the employee or prospective employee

17 is an unauthorized alien.

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

19 enforcement purposes, other than for enforce20 ment of this Act or section 1001, 1028, 1546,

21 and 1621 of title 18, United States Code.

22 ‘‘(E) The cards issued pursuant to this

23 subsection may not be required to be presented

24 for any purpose other than under this Act (or

25 enforcement of sections 1001, 1028, 1546, and
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1 1621 of title 18, United States Code) nor to be

2 carried on one’s person.

3 ‘‘(F) Unauthorized use or disclosure of the

4 information or identifiers contained in the em5 ployment verification system shall be punishable

6 by civil and criminal penalties.

7 ‘‘(7) MONITORING AND IMPROVEMENTS IN SYS8 TEM.—(A) The Attorney General shall provide for

9 the monitoring and evaluation of the degree to which

10 the employment verification system established

11 under subsection (b) provides a secure system to de12 termine employment eligibility in the United States.

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

14 under this subsection and subsection (b) is found

15 not to be a secure system to determine employment

16 eligibility in the United States, the Attorney General

17 shall recommend such changes in (including addi18 tions to) the system as may be necessary to establish

19 such a system.

20 ‘‘(8) DEFINITIONS.—For purposes of this sub21 section—

22 ‘‘(A) the term ‘Secretary’ means the Sec23 retary of Health and Human Services, and
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1 ‘‘(B) the term ‘State’ means one of the

2 United States, the District of Columbia, or

3 Puerto Rico.’’.

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

5 of the Immigration and Nationality Act is amended—

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

7 three paragraphs’’ and inserting ‘‘following four

8 paragraphs’’, and

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

10 and (n).

11 (2) This subsection shall be effective on July 1, 1996.

12 SEC. 302. IMMIGRATION AND NATURALIZATION SERVICE

13 INVESTIGATORS.

14 In addition to such amounts as are otherwise author15 ized to be appropriated, there is authorized to be appro16 priated for each of the fiscal years 1996, 1997, 1998,

17 1999, and 2000 for salaries and expenses of the Immigra18 tion and Naturalization Service such amounts as may be

19 necessary to provide for an increase in the number of in20 vestigators of the Immigration and Naturalization Service

21 by 1,000 full-time equivalent investigator positions (and

22 such support personnel as are necessary) beyond the num23 ber of such positions authorized as of October 1, 1994.
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1 TITLE IV—GOVERNMENT

2 BENEFITS

3 SEC. 401. PROHIBITION OF BENEFITS FOR CERTAIN CAT4 EGORIES OF ALIENS.

5 (a) DIRECT FEDERAL FINANCIAL BENEFITS.—Sub6 ject to subsection (b) and the Immigration and Nationality

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

8 alien not lawfully within the United States as a permanent

9 resident, a refugee, an asylee, or a parolee is not eligible

10 for any direct Federal financial benefit or social insurance

11 benefit (whether through grant, loan, guarantee, or other12 wise) as such benefits are identified by the Attorney Gen13 eral in consultation with other appropriate heads of the

14 various departments and agencies of the Federal Govern15 ment.

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

17 shall not apply with respect to the Federal reimbursement

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

19 Secretary of Health and Human Services by regulation.

20 SEC. 402. UNEMPLOYMENT BENEFITS.

21 (a) An alien who has not been granted employment

22 authorization pursuant to the Immigration and National23 ity Act or other Federal law shall be ineligible for unem24 ployment compensation under an unemployment com25 pensation law of a State or the United States.
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1 (b) An alien granted temporary work authorization

2 shall be eligible only for unemployment compensation

3 under an employment compensation law of a State or the

4 United States that accrued during such time as the alien

5 was authorized to work.

6 SEC. 403. HOUSING BENEFITS.

7 (a) LIMITATION.—Notwithstanding section 401 or

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

10 eligible for benefits under the following provisions of law:

11 (1) The program of rental assistance on behalf

12 of low-income families provided under section 8 of

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

14 1437f).

15 (2) The program of assistance to public housing

16 under title I of the United States Housing Act of

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

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

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

20 (4) The program of interest reduction payments

21 pursuant to contracts entered into by the Secretary

22 of Housing and Urban Development under section

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

24 1715z–1).
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1 (5) The program of loans for rental and cooper2 ative housing under section 515 of the Housing Act

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

4 (6) The program of rental assistance payments

5 pursuant to contracts entered into under section

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

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

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

11 (8) The program of rent supplement payments

12 on behalf of qualified tenants pursuant to contracts

13 entered into under section 101 of the Housing and

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

15 (9) The loan and grant programs under section

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

17 for repairs and improvements to rural dwellings.

18 (10) The loan and assistance programs under

19 sections 514 and 516 of the Housing Act of 1949

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

21 (11) The program of grants for preservation

22 and rehabilitation of housing under section 533 of

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

24 (12) The program of grants and loans for mu25 tual and self-help housing and technical assistance
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1 under section 523 of the Housing Act of 1949 (42

2 U.S.C. 1490c).

3 (13) The program of site loans under section

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

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

6 the Secretary of Housing and Urban Development shall

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

8 SEC. 404. SAVE SYSTEM.

9 There are authorized to be appropriated for each of

10 the fiscal years 1996, 1997, 1998, 1999, and 2000 such

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

12 the automated SAVE system established under section

13 121 of the Immigration Reform and Control Act of 1986

14 (Public Law 99–603).

15 SEC. 405. LIMITATION ON FEDERAL FINANCIAL ASSIST16 ANCE TO LOCALITIES THAT REFUSE TO CO17 OPERATE IN THE ARREST AND DEPORTATION

18 OF UNLAWFUL ALIENS.

19 Notwithstanding any other provision of law, Federal

20 financial assistance shall be reduced by 20 percent to any

21 local government on and after such date as the Attorney

22 General certifies that the local government has an official

23 policy of refusing to cooperate with officers or employees

24 of the Department of Justice (including the Immigration

25 and Naturalization Service) with respect to the arrest and
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1 deportation of aliens who are not lawfully present within

2 the United States. Such reduction in assistance is not re3 imbursable and shall continue for as long as the policy

4 of noncooperation remains in effect.

5 SEC. 406. UNIFORM VITAL STATISTICS.

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

7 Human Services shall consult with the State agency re8 sponsible for registration and certification of births and

9 deaths and, within 3 years of the date of enactment of

10 this Act, shall establish a pilot program for 3 of the 5

11 States with the largest number of undocumented aliens

12 of an electronic network linking the vital statistics records

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

14 for the matching of deaths with births and shall enable

15 the confirmation of births and deaths of citizens of such

16 States, or of aliens within such States, by any Federal

17 or State agency or official in the performance of official

18 duties. The Secretary and participating State agencies

19 shall institute measures to achieve uniform and accurate

20 reporting of vital statistics into the pilot program network,

21 to protect the integrity of the registration and certification

22 process, and to prevent fraud against the Government and

23 other persons through the use of false birth or death cer24 tificates.
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1 (b) REPORT.—Not later than 180 days after the es2 tablishment of the pilot program under subsection (a), the

3 Secretary shall issue a written report to Congress with rec4 ommendations on how the pilot program could effectively

5 be instituted as a national network for the United States.

6 (c) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated for fiscal year 1996 and

8 for subsequent fiscal years such sums as may be necessary

9 to carry out this section.

10 TITLE V—CRIMINAL ALIENS

11 SEC. 501. AUTHORIZING REGISTRATION OF ALIENS ON

12 CRIMINAL PROBATION OR CRIMINAL PA13 ROLE.

14 Section 263(a) of the Immigration and Nationality

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

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

17 probation or criminal parole pursuant to the laws of the

18 United States or of any State, and (6)’’.

19 SEC. 502. RESTRICTING DEFENSES TO DEPORTATION FOR

20 CERTAIN CRIMINAL ALIENS.

21 (a) DEFENSES BASED ON SEVEN YEARS OF PERMA22 NENT RESIDENCE.—The last sentence of section 212(c)

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

24 1182(c)) is amended by striking out ‘‘has served for such

25 felony or felonies’’ and all that follows through the period
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1 and inserting in lieu thereof ‘‘has been sentenced for such

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

3 5 years, provided that the time for appealing such convic4 tion or sentence has expired and the sentence has become

5 final.’’.

6 (b) DEFENSES BASED ON WITHHOLDING OF DEPOR7 TATION.—Section 243(h)(2) of the Immigration and Na8 tionality Act (8 U.S.C. 1253(h)(2)) is amended by—

9 (1) striking out the final sentence and inserting

10 in lieu thereof the following new subparagraph:

11 ‘‘(E) the alien has been convicted of an ag12 gravated felony.’’; and

13 (2) striking out the ‘‘or’’ at the end of subpara14 graph (C) and inserting ‘‘or’’ at the end of subpara15 graph (D).

16 SEC. 503. MISCELLANEOUS AND TECHNICAL CHANGES.

17 (a) FORM OF DEPORTATION HEARINGS.—The sec18 ond sentence of section 242(b) of the Immigration and

19 Nationality Act (8 U.S.C. 1252(b)) is amended by insert20 ing before the period the following: ‘‘; except that nothing

21 in this subsection shall preclude the Attorney General

22 from authorizing proceedings by electronic or telephonic

23 media (with or without the consent of the alien) or, where

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

25 alien.’’.
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1 (b) CONSTRUCTION OF EXPEDITED DEPORTATION

2 REQUIREMENTS.—No amendment made by this Act shall

3 be construed to create any right or benefit, substantive

4 or procedural, which is legally enforceable by any party

5 against the United States, its agencies, its officers or any

6 other person.

7 (c) COLLATERAL ATTACKS ON UNDERLYING DEPOR8 TATION ORDER.—Section 276 of the Immigration and Na9 tionality Act (8 U.S.C. 1326) is amended by inserting

10 after subsection (b) the following new subsection:

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

12 no alien may challenge the validity of the deportation

13 order described in subsection (a)(1) or subsection (b) un14 less the alien demonstrates—

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

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

17 seek relief against such order,

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

19 such order was issued improperly deprived the alien

20 of the opportunity for judicial review, and

21 ‘‘(3) that the entry of such order was fun22 damentally unfair.’’.

23 SEC. 504. CRIMINAL ALIEN TRACKING CENTER.

24 (a) OPERATION.—The Commissioner of Immigration

25 and Naturalization, with the cooperation of the Director
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1 of the Federal Bureau of Investigation and the heads of

2 other agencies, shall, under the authority of section

3 242(a)(3)(A) of the Immigration and Nationality Act (8

4 U.S.C. 1252(a)(3)(A)), operate a criminal alien tracking

5 center.

6 (b) PURPOSE.—The criminal alien tracking center

7 shall be used to assist Federal, State, and local law en8 forcement agencies in identifying and locating aliens who

9 may be subject to deportation by reason of their conviction

10 of aggravated felonies.

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated to carry out this section

13 $2,000,000 for fiscal year 1996 and $5,000,000 for each

14 of the fiscal years 1997, 1998, 1999, and 2000.

15 SEC. 505. PRISONER TRANSFER TREATY STUDY.

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

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

18 of State and the Attorney General shall submit to the Con19 gress a report that describes the use and effectiveness of

20 the Prisoner Transfer Treaty (in this section referred to

21 as the ‘‘Treaty’’) with Mexico to remove from the United

22 States aliens who have been convicted of crimes in the

23 United States.

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

25 (a) shall include the following information:
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1 (1) The number of aliens convicted of a crimi2 nal offense in the United States since November 30,

3 1977, who would have been or are eligible for trans4 fer pursuant to the Treaty.

5 (2) The number of aliens described in para6 graph (1) who have been transferred pursuant to the

7 Treaty.

8 (3) The number of aliens described in para9 graph (2) who have been incarcerated in full compli10 ance with the Treaty.

11 (4) The number of aliens who are incarcerated

12 in a penal institution in the United States who are

13 eligible for transfer pursuant to the Treaty.

14 (5) The number of aliens described in para15 graph (4) who are incarcerated in State and local

16 penal institutions.

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

18 subsection (a) shall include the recommendations of the

19 Secretary of State and the Attorney General to increase

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

21 Treaty. In considering the recommendations under this

22 subsection, the Secretary and the Attorney General shall

23 consult with such State and local officials in areas dis24 proportionately impacted by aliens convicted of criminal

25 offenses as the Secretary and the Attorney General con-
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1 sider appropriate. Such recommendations shall address

2 the following areas:

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

4 policies affecting the identification, prosecution, and

5 deportation of aliens who have committed a criminal

6 offense in the United States.

7 (2)Changes in State and local laws, regulations,

8 and policies affecting the identification, prosecution,

9 and deportation of aliens who have committed a

10 criminal offense in the United States.

11 (3) Changes in the Treaty that may be nec12 essary to increase the number of aliens convicted of

13 crimes who may be transferred pursuant to the

14 Treaty.

15 (4) Methods for preventing the unlawful re16 entry into the United States of aliens who have been

17 convicted of criminal offenses in the United States

18 and transferred pursuant to the Treaty.

19 (5) Any recommendations of appropriate offi20 cials of the Mexican Government on programs to

21 achieve the goals of, and ensure full compliance

22 with, the Treaty.

23 (6) An assessment of whether the recommenda24 tions under this subsection require the renegotiation

25 of the Treaty.
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1 (7) The additional funds required to implement

2 each recommendation under this subsection.

3 SEC. 506. EXPEDITING CRIMINAL ALIEN DEPORTATION AND

4 EXCLUSION.

5 (a) CONVICTED DEFINED.—Section 241(a)(2) of the

6 Immigration and Nationality Act (8 U.S.C. 1251(a)(2))

7 is amended by adding at the end the following new sub8 paragraph:

9 ‘‘(E) CONVICTED DEFINED.—In this para10 graph, the term ‘convicted’ means a judge or

11 jury has found the alien guilty or the alien has

12 entered a plea of guilty or nolo contendere,

13 whether or not the alien appeals therefrom.’’.

14 (b) DEPORTATION OF CONVICTED ALIENS.—

15 (1) IMMEDIATE DEPORTATION.—Section 242(h)

16 of such Act (8 U.S.C. 1252(h)) is amended—

17 (A) by striking ‘‘(h) An alien’’ and insert18 ing ‘‘(h)(1) Subject to paragraph (2), an alien’’;

19 and

20 (B) by adding at the end the following new

21 paragraph:

22 ‘‘(2) An alien sentenced to imprisonment may be de23 ported prior to the termination of such imprisonment by

24 the release of the alien from confinement, if the Service

25 petitions the appropriate court or other entity with author-
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1 ity concerning the alien to release the alien into the cus2 tody of the Service for execution of an order of deporta3 tion.’’.

4 (2) PROHIBITION OF REENTRY INTO THE

5 UNITED STATES.—Section 212(a)(2) of such Act (8

6 U.S.C. 1182(a)(2)) is amended—

7 (A) by redesignating subparagraph (F) as

8 subparagraph (G); and

9 (B) by inserting after subparagraph (E)

10 the following new subparagraph:

11 ‘‘(F) ALIENS DEPORTED BEFORE SERVING

12 MINIMUM PERIOD OF CONFINEMENT.—In addi13 tion to any other period of exclusion which may

14 apply an alien deported pursuant to section

15 242(h)(2) is excludable during the minimum pe16 riod of confinement to which the alien was sen17 tenced.’’.

18 (c) EXECUTION OF DEPORTATION ORDERS.—Section

19 242(i) of such Act (8 U.S.C. 1252(i)) is amended by add20 ing at the end the following: ‘‘An order of deportation may

21 not be executed until all direct appeals relating to the con22 viction which is the basis of the deportation order have

23 been exhausted.’’.
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1 TITLE VI—TERRORIST ALIENS

2 SEC. 601. REMOVAL OF ALIEN TERRORISTS.

3 The Immigration and Nationality Act (8 U.S.C. 1101

4 et seq.) is amended by inserting the following new section:

5 ‘‘REMOVAL OF ALIEN TERRORISTS

6 ‘‘SEC. 242C. (a) DEFINITIONS.—As used in this sec7 tion—

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

9 described in section 241(a)(4)(B);

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

11 same meaning as defined in section 1(a) of the Clas12 sified Information Procedures Act (18 U.S.C. App.

13 IV);

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

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

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

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

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

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

20 the hearing described in subsection (e) of this sec21 tion.

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

23 provisions of this section shall apply whenever the Attor24 ney General certifies under seal to the special court that—
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1 ‘‘(1) the Attorney General or Deputy Attorney

2 General has approved of the proceeding under this

3 section;

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

5 the United States; and

6 ‘‘(3) removal of such alien terrorist by deporta7 tion proceedings described in sections 242, 242A, or

8 242B would pose a risk to the national security of

9 the United States because such proceedings would

10 disclose classified information.

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

12 United States shall publicly designate up to 7 judges from

13 up to 7 United States judicial districts to hear and decide

14 cases arising under this section, in a manner consistent

15 with the designation of judges described in section 103(a)

16 of the Foreign Intelligence Surveillance Act (50 U.S.C.

17 1803(a)).

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

19 discretion, designate the same judges under this section

20 as are designated pursuant to 50 U.S.C. 1803(a).

21 ‘‘(d) INVOCATION OF SPECIAL COURT PROCE22 DURE.—(1) When the Attorney General makes the appli23 cation described in subsection (b), a single judge of the

24 special court shall consider the application in camera and

25 ex parte.
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1 ‘‘(2) The judge shall invoke the procedures of sub2 section (e), if the judge determines that there is probable

3 cause to believe that—

4 ‘‘(A) the alien who is the subject of the applica5 tion has been correctly identified;

6 ‘‘(B) a deportation proceeding described in sec7 tions 242, 242A, or 242B would pose a risk to the

8 national security of the United States because such

9 proceedings would disclose classified information;

10 and

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

12 presence is immediate and involves the risk of death

13 or serious bodily harm.

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

15 provided in paragraph (4), the special removal hearing au16 thorized by a showing of probable cause described in sub17 section (d)(2) shall be open to the public.

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

19 hearing and to be represented by counsel. Any alien finan20 cially unable to obtain counsel shall be entitled to have

21 counsel assigned to represent such alien. Counsel may be

22 appointed as described in section 3006A of title 18, United

23 States Code.

24 ‘‘(3) The alien shall have a right to introduce evi25 dence on his own behalf, and except as provided in para-
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1 graph (4), shall have a right to cross-examine any witness

2 or request that the judge issue a subpoena for the pres3 ence of a named witness.

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

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

6 the judge determines that public disclosure would pose a

7 risk to the national security of the United States because

8 it would disclose classified information.

9 ‘‘(5) With respect to any evidence described in para10 graph (4), the judge shall cause to be delivered to the alien

11 either—

12 ‘‘(A)(i) the substitution for such evidence of a

13 statement admitting relevant facts that the specific

14 evidence would tend to prove, or

15 ‘‘(ii) the substitution for such evidence of a

16 summary of the specific evidence; or

17 ‘‘(B) if disclosure of even the substituted evi18 dence described in subparagraph (A) would create a

19 substantial risk of death or serious bodily harm to

20 any person, a statement informing the alien that no

21 such summary is possible.

22 ‘‘(6) If the judge determines—

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

24 paragraph (4)(B) will provide the alien with sub-
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1 stantially the same ability to make his defense as

2 would disclosure of the specific evidence, or

3 ‘‘(B) that disclosure of even the substituted evi4 dence described in paragraph (5)(A) would create a

5 substantial risk of death or serious bodily harm to

6 any person,

7 then the determination of deportation (described in sub8 section (f)) may be made pursuant to this section.

9 ‘‘(f) DETERMINATION OF DEPORTATION.—(1) If the

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

11 judge shall, considering the evidence on the record as a

12 whole, require that the alien be deported if the Attorney

13 General proves, by clear and convincing evidence, that the

14 alien is subject to deportation because he is an alien as

15 described in section 241(a)(4)(B).

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

17 been made, the judge shall, considering the evidence re18 ceived (in camera and otherwise), require that the alien

19 be deported if the Attorney General proves, by clear, con20 vincing, and unequivocal evidence, that the alien is subject

21 to deportation because he is an alien as described in sec22 tion 241(a)(4)(B).

23 ‘‘(g) APPEALS.—(1) The alien may appeal a deter24 mination under subsection (f) to the court of appeals for

25 the Federal Circuit, by filing a notice of appeal with such
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1 court within 20 days of the determination under such sub2 section.

3 ‘‘(2)(A) The Attorney General may appeal a deter4 mination under subsection (d), (e), or (f) to the court of

5 appeals for the Federal Circuit, by filing a notice of appeal

6 with such court within 20 days of the determination under

7 any one of such subsections.

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

9 entire record of the proceeding under this section shall be

10 transmitted to the court of appeals under seal. If the At11 torney General is appealing a determination under sub12 section (d) or (e), the court of appeals shall consider such

13 appeal in camera and ex parte.’’.

14 SEC. 602. MEMBERSHIP IN A TERRORIST ORGANIZATION AS

15 A BASIS FOR EXCLUSION FROM THE UNITED

16 STATES UNDER THE IMMIGRATION AND NA17 TIONALITY ACT.

18 Section 212(a)(3)(B) of the Immigration and Nation19 ality Act (8 U.S.C. 1182(a)(3)(B)) is amended—

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

21 end;

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

23 ‘‘(III) is a member of an organi24 zation that engages in, or has engaged

25 in, terrorist activity or who actively
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1 supports or advocates terrorist activ2 ity,’’; and

3 (3) by adding after clause (iii) the following:

4 ‘‘(iv) TERRORIST ORGANIZATION DE5 FINED.—As used in this Act, the term ‘ter6 rorist organization’ means an organization

7 which commits terrorist activity as deter8 mined by the Attorney General, in con9 sultation with the Secretary of State.’’.

10 TITLE VII—INSPECTIONS

11 SEC. 701. PREINSPECTION AT FOREIGN AIRPORTS.

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

13 Act is amended by inserting after section 235 the following

14 new section:

15 ‘‘PREINSPECTION AT FOREIGN AIRPORTS

16 ‘‘SEC. 235A. (a) ESTABLISHMENT OF PRE17 INSPECTION STATIONS.—(1) Subject to paragraph (4),

18 not later than 2 years after the date of the enactment of

19 this section, the Attorney General, in consultation with the

20 Secretary of State, shall establish and maintain

21 preinspection stations in at least 5 of the foreign airports

22 that are among the 10 foreign airports which the Attorney

23 General identifies as serving as last points of departure

24 for the greatest numbers of passengers who arrive from

25 abroad by air at ports of entry within the United States.

26 Such preinspection stations shall be in addition to any
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1 preinspection stations established prior to the date of the

2 enactment of this section.

3 ‘‘(2) Not later than November 1, 1995, and each sub4 sequent November 1, the Attorney General shall compile

5 data identifying—

6 ‘‘(A) the foreign airports which served as last

7 points of departure for aliens who arrived by air at

8 United States ports of entry without valid docu9 mentation during the preceding fiscal years,

10 ‘‘(B) the number and nationality of such aliens

11 arriving from each such foreign airport, and

12 ‘‘(C) the primary routes such aliens followed

13 from their country of origin to the United States.

14 ‘‘(3) Subject to paragraph (4), not later than 4 years

15 after the date of enactment of this section, the Attorney

16 General, in consultation with the Secretary of State, shall

17 establish preinspection stations in at least 5 additional for18 eign airports which the Attorney General, in consultation

19 with the Secretary of State, determines based on the data

20 compiled under paragraph (2) and such other information

21 as may be available would most effectively reduce the

22 number of aliens who arrive from abroad by air at points

23 of entry within the United States without valid docu24 mentation. Such preinspection stations shall be in addition

25 to those established prior to or pursuant to paragraph (1).
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1 ‘‘(4) Prior to the establishment of a preinspection

2 station the Attorney General, in consultation with the Sec3 retary of State, shall ensure that—

4 ‘‘(A) employees of the United States stationed

5 at the preinspection station and their accompanying

6 family members will receive appropriate protection,

7 ‘‘(B) such employees and their families will not

8 be subject to unreasonable risks to their welfare and

9 safety, and

10 ‘‘(C) the country in which the preinspection sta11 tion is to be established maintains practices and pro12 cedures with respect to asylum seekers and refugees

13 in accordance with the Convention Relating to the

14 Status of Refugees (done at Geneva, July 28, 1951),

15 or the Protocol Relating to the Status of Refugees

16 (done at New York, January 31, 1967).

17 ‘‘(b) ESTABLISHMENT OF CARRIER CONSULTANT

18 PROGRAM.—The Attorney General shall assign additional

19 immigration officers to assist air carriers in the detection

20 of fraudulent documents at foreign airports which, based

21 on the records maintained pursuant to subsection (a)(2),

22 served as a point of departure for a significant number

23 of arrivals at United States ports of entry without valid

24 documentation, but where no preinspection station exists.
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1 ‘‘(c) CLERICAL AMENDMENT.—The table of contents

2 is amended by inserting after the item relating to section

3 235 the following new item:

‘‘Sec. 235A. Preinspection at foreign airports.’’.

4 SEC. 702. TRAINING OF AIRLINE PERSONNEL IN DETEC5 TION OF FRAUDULENT DOCUMENTS.

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

7 1356(h)(2)(A)) is amended—

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

9 training of, and technical assistance to, commercial

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

11 States’’, and

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

13 ‘‘The Attorney General shall provide for expenditures for

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

15 amount, for any fiscal year, not less than 5 percent of

16 the total of the expenses incurred that are described in

17 the previous sentence.’’.

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

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

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

23 requirements of airlines for the detection of fraudulent

24 documents used by passengers traveling to the United

25 States (including the training of personnel in such detec-
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1 tion), the Attorney General may suspend the entry of some

2 or all aliens transported to the United States by such air3 line.’’.

4 (c) EFFECTIVE DATES.—

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

6 shall apply to expenses incurred during or after fis7 cal year 1995.

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

9 proposed form, regulations referred to in the second

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

11 Nationality Act, as added by the amendment made

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

13 the date of the enactment of this Act.

14 TITLE VIII—ASYLUM

15 SEC. 801. INSPECTION AND EXCLUSION BY IMMIGRATION

16 OFFICERS.

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

18 1225(b)) is amended to read as follows:

19 ‘‘(b) INSPECTION AND EXCLUSION BY IMMIGRATION

20 OFFICERS.—

21 ‘‘(1) An immigration officer shall inspect each

22 alien who is seeking entry to the United States.

23 ‘‘(2)(A) If the examining immigration officer

24 determines that an alien seeking entry—
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1 ‘‘(i) does not present the documentation

2 required (if any) to obtain legal entry to the

3 United States; and

4 ‘‘(ii) does not indicate either an intention

5 to apply for provisional asylum (under section

6 208) or a fear of persecution,

7 the officer shall order the alien excluded from the

8 United States without further hearing or review.

9 ‘‘(B) The examining immigration officer shall

10 refer for immediate inspection at the port of entry

11 by an asylum officer under subparagraph (C) any

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

14 States, and (ii) has indicated an intention to apply

15 for provisional asylum or a fear of persecution. Such

16 an alien shall not be considered to have been in17 spected and admitted for purposes of this Act.

18 ‘‘(C)(i) If an asylum officer determines that an

19 alien has a credible fear of persecution, the alien

20 shall be entitled to apply for provisional asylum

21 under section 208.

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

23 officer determines that an alien does not have a

24 credible fear of persecution the officer shall order
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1 the alien excluded from the United States without

2 further hearing or review.

3 ‘‘(II) The Attorney General shall promulgate

4 regulations to provide for the immediate review by

5 another asylum officer at the port of entry of a deci6 sion under subclause (I).

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

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

9 it is more probable than not that the statements

10 made by the alien in support of his or her claim are

11 true, and (II) that there is a significant possibility,

12 in light of such statements and of such other facts

13 as are known to the officer that the alien could es14 tablish eligibility for provisional asylum under sec15 tion 208.

16 ‘‘(iv) Notwithstanding any other provision of

17 law, no court shall have jurisdiction to review, except

18 by petition for habeas corpus, any determination

19 made with respect to an alien found excludable pur20 suant to this paragraph. In any such case, review by

21 habeas corpus shall be limited to examination of

22 whether the petitioner (I) is an alien, and (II) was

23 ordered excluded from the United States pursuant to

24 this paragraph.
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1 ‘‘(v) Notwithstanding any other provision of

2 law, no court shall have jurisdiction (I) to review the

3 procedures established by the Attorney General for

4 the determination of exclusion pursuant to this para5 graph, or (II) to enter declaratory or injunctive re6 lief with respect to the implementation of this para7 graph. Regardless of the nature of the suit or claim,

8 no court shall have jurisdiction except by habeas cor9 pus petition as provided in clause (iv) to consider

10 the validity of any adjudication or determination

11 under this paragraph or to provide declaratory or in12 junctive relief with respect to the exclusion of any

13 alien pursuant to this paragraph.

14 ‘‘(vi) In any action brought for the assessment

15 of penalties for improper entry or re-entry of an

16 alien under section 275 or 276, no court shall have

17 jurisdiction to hear claims collaterally attacking the

18 validity of orders of exclusion or deportation entered

19 under sections 235, 236, and 242.

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

21 (B), if the examining immigration officer determines

22 that an alien seeking entry is not clearly and beyond

23 a doubt entitled to enter, the alien shall be detained

24 for a hearing before a special inquiry officer.
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1 ‘‘(B) The provisions of subparagraph (A) shall

2 not apply—

3 ‘‘(i) to an alien crewman,

4 ‘‘(ii) to an alien described in paragraph

5 (2)(A) or 2(B), or

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

7 273(d) exist.

8 ‘‘(4) The decision of the examining immigration

9 officer, if favorable to the admission of any alien,

10 shall be subject to challenge by any other immigra11 tion officer and such challenge shall operate to take

12 the alien, whose privilege to enter is so challenged,

13 before a special inquiry officer for a hearing on ex14 clusion of the alien.

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

16 for purposes of this Act unless and until such alien

17 has been inspected and admitted by an immigration

18 officer pursuant to this subsection.’’.

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

20 U.S.C. 1227(a)) is amended—

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

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

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

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

3 235(b)(2), if ’’.

4 SEC. 802. ASYLUM.

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

6 amended to read as follows:

7 ‘‘SEC. 208. ASYLUM.

8 (a) PROVISIONAL ASYLUM.—

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

10 shall establish a procedure for an alien physically

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

12 port of entry, irrespective of such alien’s status, to

13 apply for provisional asylum in accordance with this

14 section.

15 ‘‘(2) CONDITIONS FOR GRANTING.—

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

17 General shall grant provisional asylum to an

18 alien if the alien applies for provisional asylum

19 in accordance with the requirements of this sec20 tion and establishes that it is more likely than

21 not that in the alien’s country of nationality

22 (or, in the case of a person having no national23 ity, the country in which such alien last habit24 ually resided) such alien’s life or freedom would

25 be threatened on account of race, religion, na-
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1 tionality, membership in a particular social

2 group, or political opinion.

3 ‘‘(B) DISCRETIONARY CASES.—The Attor4 ney General may grant provisional asylum to an

5 alien if the alien applies for provisional asylum

6 in accordance with the requirements of this sec7 tion and establishes that the alien is a refugee

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

9 ‘‘(C) EXCEPTIONS.—(i) Subparagraphs

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

11 Attorney General determines that—

12 ‘‘(I) the alien ordered, incited, as13 sisted, or otherwise participated in the per14 secution of any person on account of race,

15 religion, nationality, membership in a par16 ticular social group, or political opinion;

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

18 by a final judgment of a particularly seri19 ous crime, constitutes a danger to the com20 munity of the United States;

21 ‘‘(III) there are serious reasons for

22 believing that the alien has committed a

23 serious nonpolitical crime outside the

24 United States prior to the arrival of the

25 alien in the United States;
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1 ‘‘(IV) there are reasonable grounds

2 for regarding the alien as a danger to the

3 security of the United States; or

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

5 alien has been identified (other than the

6 country described in subparagraph (A)) to

7 which the alien can be deported or re8 turned and the alien does not establish

9 that it is more likely than not that the

10 alien’s life or freedom would be threatened

11 in such country on account of race, reli12 gion, nationality, membership in a particu13 lar social group, or political opinion.

14 ‘‘(ii)(I) For purposes of clause (i)(II), an

15 alien who has been convicted of an aggravated

16 felony shall be considered to have committed a

17 particularly serious crime.

18 ‘‘(II) The Attorney General shall promul19 gate regulations that specify additional crimes

20 that will be considered to be a crime described

21 in clause (i)(II) or (i)(III).

22 ‘‘(III) The Attorney General shall promul23 gate regulations establishing such additional

24 limitations and conditions as the Attorney Gen25 eral considers appropriate under which an alien
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1 shall be ineligible to apply for provisional asy2 lum under subparagraph (B).

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

4 case of any alien granted provisional asylum under

5 paragraph (2)(A), the Attorney General, in accord6 ance with this section—

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

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

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

10 employment in the United States and provide

11 the alien with an ‘employment authorized’ en12 dorsement or other appropriate work permit;

13 and

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

15 with the prior consent of the Attorney General.

16 ‘‘(4) TERMINATION.—Provisional asylum grant17 ed under paragraph (2) may be terminated if the At18 torney General, pursuant to such regulations as the

19 Attorney General may prescribe, determines that—

20 ‘‘(A) the alien no longer meets the condi21 tions described in paragraph (2) owing to a

22 change in circumstances in the alien’s country

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

24 no nationality, in the country in which the alien

25 last habitually resided;
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1 ‘‘(B) the alien meets a condition described

2 in paragraph (2)(C); or

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

4 has been identified (other than the country de5 scribed in paragraph (2)) to which the alien can

6 be deported or returned and the alien cannot

7 establish that it is more likely than not that the

8 alien’s life or freedom would be threatened in

9 such country on account of race, religion, na10 tionality, membership in a particular social

11 group, or political opinion.

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

13 the case of an alien described in paragraph

14 (2)(C)(i)(V) or paragraph (4)(C), the alien’s depor15 tation or return shall be directed by the Attorney

16 General in the sole discretion of the Attorney Gen17 eral, to any country which is willing to accept the

18 alien into its territory (other than the country de19 scribed in paragraph (2)(A)).

20 ‘‘(b) PROVISIONAL ASYLUM APPLICATIONS.—

21 ‘‘(1) IN GENERAL.—

22 ‘‘(A) DEADLINE.—Subject to subpara23 graph (B), an alien’s application for provisional

24 asylum shall not be considered under this sec25 tion unless—
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1 ‘‘(i) the alien has filed, not later than

2 30 days after entering or coming to the

3 United States, notice of intention to file

4 such an application, and

5 ‘‘(ii) such application is actually filed

6 not later than 60 days after entering or

7 coming to the United States.

8 ‘‘(B) EXCEPTION.—An application for pro9 visional asylum may be considered, not with10 standing that the requirements of subparagraph

11 (A) have not been met, only if the alien dem12 onstrates by clear and convincing evidence

13 changed circumstances in the alien’s country of

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

15 nationality, in the country where the alien last

16 habitually resided) affecting eligibility for provi17 sional asylum.

18 ‘‘(2) REQUIREMENTS.—An application for pro19 visional asylum shall not be considered unless the

20 alien submits to the taking of fingerprints and a

21 photograph in a manner determined by the Attorney

22 General.

23 ‘‘(3) PREVIOUS DENIAL OF ASYLUM.—An appli24 cation for provisional asylum shall not be considered

25 if the alien has been denied asylum by a country in
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1 which the alien had access to a full and fair proce2 dure for determining his or her asylum claim in ac3 cordance with a bilateral or multilateral agreement

4 between that country and the United States.

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

6 General, the Attorney General may impose reason7 able fees for the consideration of an application for

8 provisional asylum, for employment authorization

9 under this section, and for adjustment of status

10 under section 209(b). The Attorney General is au11 thorized to provide for the assessment and payment

12 of any such fee over a period of time or by install13 ments.

14 ‘‘(5) EMPLOYMENT.—An applicant for provi15 sional asylum is not entitled to engage in employ16 ment in the United States. The Attorney General

17 may authorize an alien who has filed an application

18 for provisional asylum to engage in employment in

19 the United States, in the discretion of the Attorney

20 General.

21 ‘‘(6) NOTICE OF CONSEQUENCES OF FRIVOLOUS

22 APPLICATIONS.—At the time of filing a notice of in23 tention to apply for provisional asylum, the alien

24 shall be advised of the consequences, under sub-
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1 section (e), of filing a frivolous application for provi2 sional asylum.

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

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

5 for provisional asylum of an alien who does not ap6 pear for a hearing on such application shall be sum7 marily dismissed unless the alien can show excep8 tional circumstances (as defined in section

9 242B(f)(2)) as determined by an asylum officer or

10 immigration judge.

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

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

13 time and place at which the asylum hearing was to

14 be held, and in the case of any change or postpone15 ment in such time or place, written and oral notice

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

17 of the hearing.

18 ‘‘(d) ASYLUM.—

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

20 regulations as the Attorney General may prescribe,

21 the Attorney General shall adjust to the status of an

22 alien granted asylum the status of any alien granted

23 provisional asylum under subsection (a)(2)(A) or

24 (a)(2)(B) who—

25 ‘‘(A) applies for such adjustment;
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1 ‘‘(B) has been physically present in the

2 United States for at least 1 year after being

3 granted provisional asylum;

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

5 asylum under this section; and

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

7 time of examination for adjustment of status

8 under this subsection.

9 ‘‘(2) TREATMENT OF SPOUSE AND CHIL10 DREN.—A spouse or child (as defined in section

11 101(b)(A), (B), (C), (D), or (E)) of an alien whose

12 status is adjusted to that of an alien granted asylum

13 under paragraph (a)(2) may be granted the same

14 status as the alien if accompanying, or following to

15 join, such alien.

16 ‘‘(3) APPLICATION FEES.—The Attorney Gen17 eral may impose a reasonable fee for the filing of an

18 application for asylum under this subsection.

19 ‘‘(e) DENIAL OF IMMIGRATION BENEFITS FOR FRIV20 OLOUS APPLICATIONS.—

21 ‘‘(1) IN GENERAL.—If the Attorney General de22 termines that an alien has made a frivolous applica23 tion for provisional asylum under this section and

24 the alien has received the notice under subsection

25 (b)(5), the alien shall be permanently ineligible for
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1 any benefits under this Act, effective as of the date

2 of a final determination on such application.

3 ‘‘(2) TREATMENT OF MATERIAL MISREPRESEN4 TATIONS.—For purposes of this subsection, an appli5 cation considered to be ‘frivolous’ includes, but is

6 not limited to, an application which contains a will7 ful misrepresentation or concealment of a material

8 fact.’’.

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

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

11 follows:

‘‘Sec. 208. Asylum.’’.

12 SEC. 803. FAILURE TO APPEAR FOR PROVISIONAL ASYLUM

13 HEARING; JUDICIAL REVIEW.

14 (a) FAILURE TO APPEAR FOR PROVISIONAL ASYLUM

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

16 amended—

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

18 inserting ‘‘PROVISIONAL ASYLUM’’;

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

20 and inserting ‘‘provisional asylum’’; and

21 (3) in subparagraph (A), by striking all after

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

23 any benefits under this Act.’’.
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1 (b) JUDICIAL REVIEW.—Section 106 (8 U.S.C.

2 1105a) is amended by adding at the end the following sub3 section:

4 ‘‘(d) The procedure prescribed by, and all the provi5 sions of chapter 158 of title 28, United States Code, shall

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

7 the judicial review of all final orders granting or denying

8 provisional asylum, except that—

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

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

11 final order granting or denying provisional asylum;

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

13 this subsection shall be in the judicial circuit in

14 which the administrative proceedings were conducted

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

16 is the residence, as defined in this Act, of the peti17 tioner, but not in more than one circuit; and

18 ‘‘(3) notwithstanding any other provision of

19 law, a determination granting or denying provisional

20 asylum based on changed circumstances pursuant to

21 section 208(b)(1)(A)(ii) shall be in the sole discre22 tion of the officer conducting the administrative pro23 ceeding.’’.
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1 SEC. 804. CONFORMING AMENDMENTS.

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

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

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

5 U.S.C. 1159(b)) is amended—

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

7 inserting ‘‘2 years’’; and

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

9 follows:

10 ‘‘(3) continues to be eligible for provisional asy11 lum under section 208,’’.

12 (c) ALIENS INELIGIBLE FOR TEMPORARY PRO13 TECTED STATUS.—Section 244A(c)(2)(B)(ii) (8 U.S.C.

14 1254a(c)(2)(B)(ii)) is amended by striking ‘‘section

15 243(h)(2)’’ and inserting ‘‘section 208(a)(2)(C)’’.

16 (d) ELIGIBILITY FOR NATURALIZATION.—Section

17 316(f)(1) (8 U.S.C. 1427(f)(1)) is amended by striking

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

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

20 (e) FAMILY UNITY.—Section 301(e) of the Immigra21 tion Act of 1990 (Public Law 101–649) is amended by

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

23 208(a)(2)(C).’’.
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1 SEC. 805. EFFECTIVE DATES.

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

3 amendments made by this title shall take effect on the

4 date of the enactment of this Act.

5 (b) EXCEPTIONS.—

6 (1) The amendments made by this title shall

7 not apply to applications for asylum or withholding

8 of deportation made before the first day of the first

9 month that begins more than 180 days after the

10 date of the enactment of this Act and no application

11 for provisional asylum under section 208 of the Im12 migration and Nationality Act (as amended by sec13 tion 801 of this title) shall be considered before such

14 first day.

15 (2) In applying section 208(b)(1)(A) of the Im16 migration and Nationality Act (as amended by this

17 title) in the case of an alien who has entered or

18 came to the United States before the first day de19 scribed in paragraph (1), notwithstanding the dead20 lines specified in such section—

21 (A) the deadline for the filing of a notice

22 of intention to file an application for provisional

23 asylum is 30 days after such first day, and

24 (B) the deadline for the filing of the appli25 cation for provisional asylum is 30 days after

26 the date of filing such notice.
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1 (3) The amendments made by section 803(b)

2 (relating to adjustment of status) shall not apply to

3 aliens granted asylum under section 208 of the Im4 migration and Nationality Act, as in effect before

5 the date of the enactment of this Act.

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