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 Com-
mittee on the Judiciary and, in addition, to the Committees on Economic
and Educational Opportunities, International Relations, Government Re-
form and Oversight, Ways and Means, Agriculture, and Banking and Fi-
nancial 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Immigration Reform
Act of 1995’’.
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.
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.
TITLE I—IMMIGRATION AND
LAW ENFORCEMENT
SEC. 101. INCREASED PERSONNEL LEVELS OF THE BORDER
PATROL.
The number of full-time positions in the Border Pa-
trol of the Department of Justice for fiscal year 1996 shall
be increased to 8,000.
SEC. 102. INCREASED FUNDING FOR THE BORDER PATROL.
In addition to funds otherwise available for such pur-
poses, there are authorized to be appropriated to the At-
torney General $50,000,000 for the fiscal year 1996,
which amount shall be available only for equipment, sup-
port services, and initial training for the Border Patrol.
Funds appropriated pursuant to this section are author-
ized to remain available until expended.
SEC. 103. INSERVICE TRAINING FOR THE BORDER PATROL.
(a) REQUIREMENT.—Section 103 of the Immigration
and Nationality Act (8 U.S.C. 1103) is amended by add-
ing at the end the following new subsection:
‘‘(e)(1) The Attorney General shall continue to pro-
vide for such programs of inservice training for full-time
and part-time personnel of the Border Patrol in contact
with the public as will familiarize the personnel with the
rights and varied cultural backgrounds of aliens and citi-
zens in order to ensure and safeguard the constitutional
and civil rights, personal safety, and human dignity of all
individuals, aliens as well as citizens, within the jurisdic-
tion of the United States with whom they have contact
in their work.
‘‘(2) The Attorney General shall provide that the an-
nual report of the Service include a description of steps
taken to carry out paragraph (1).’’.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Attorney General
$1,000,000 for fiscal year 1996 to carry out the inservice
training described in section 103(e) of the Immigration
and Nationality Act. The funds appropriated pursuant to
this subsection are authorized to remain available until ex-
pended.
SEC. 104. INCREASE IN I.N.S. SUPPORT PERSONNEL.
In order to provide support for the increased person-
nel levels of the border patrol authorized in section 101,
the number of full-time support positions for investigation,
detention and deportation, intelligence, information and
records, legal proceedings, and management and adminis-
tration in the Immigration and Naturalization Service
shall be increased by 580 positions above the number of
equivalent positions as of September 30, 1994.
SEC. 105. STRENGTHENED ENFORCEMENT OF WAGE AND
HOUR LAWS.
(a) IN GENERAL.—The number of full-time positions
in the Wage and Hour Division with the Employment
Standards Administration of the Department of Labor for
the fiscal year 1996 shall be increased by 250 positions
above the number of equivalent positions available to the
Wage and Hour Division as of September 30, 1994.
(b) ASSIGNMENT.—Individuals employed to fill the
additional positions described in subsection (a) shall be as-
signed to investigate violations of wage and hour laws in
areas where the Attorney General has notified the Sec-
retary of Labor that there are high concentrations of un-
documented aliens.
SEC. 106. STRENGTHENED ENFORCEMENT OF THE EM-
PLOYER SANCTIONS PROVISIONS.
(a) IN GENERAL.—The number of full-time positions
in the Investigations Division within the Immigration and
Naturalization Service of the Department of Justice for
the fiscal year 1996 shall be increased by 250 positions
above the number of equivalent positions available to such
Division as of September 30, 1994.
(b) ASSIGNMENT.—Individuals employed to fill the
additional positions described in subsection (a) shall be as-
signed to investigate violations of the employer sanctions
provisions contained in section 274A of the Immigration
and Nationality Act, including investigating reports of vio-
lations received from officers of the Employment Stand-
ards Administration of the Department of Labor.
SEC. 107. INCREASED NUMBER OF ASSISTANT UNITED
STATES ATTORNEYS.
(a) IN GENERAL.—The number of Assistant United
States Attorneys that may be employed by the Depart-
ment of Justice for the fiscal year 1996 shall be increased
by 21 above the number of Assistant United States Attor-
neys that could be employed as of September 30, 1994.
(b) ASSIGNMENT.—Individuals employed to fill the
additional positions described in subsection (a) shall be
specially trained to be used for the prosecution of persons
who bring into the United States or harbor illegal aliens,
fraud, and other criminal statutes involving illegal aliens.
SEC. 108. PROHIBITION OF TRANSPORTATION OF ALIENS
FOR PURPOSES OF EMPLOYMENT.
Section 274(a)(1)(A)(ii) of the Immigration and Na-
tionality Act (8 U.S.C. 1324(a)(1)(A)(ii)) is amended by
inserting before the semicolon at the end the following:
‘‘or in furtherance of the employment of such alien’’.
SEC. 109. LIMITATION ON FEDERAL FINANCIAL ASSIST-
ANCE TO LOCALITIES THAT REFUSE TO CO-
OPERATE IN THE ARREST AND DEPORTATION
OF UNLAWFUL ALIENS.
Notwithstanding any other provision of law, no Fed-
eral financial assistance shall be paid to any local govern-
ment on and after such date as the Attorney General cer-
tifies that an official, officer, or employee of the local gov-
ernment (including its police department) in the exercise
of (and within the lawful scope of) the individual’s official
duties has refused, on or after the date of the enactment
of this Act, to cooperate with an officer or employee of
the Department of Justice (including the Immigration and
Naturalization Service) with respect to the arrest and de-
portation of an alien who is not lawfully present within
the United States.
SEC. 110. NEGOTIATIONS WITH MEXICO AND CANADA.
It is the sense of the Congress that—
(1) the Attorney General, jointly with the Sec-
retary of State, should initiate discussions with Mex-
ico and Canada to establish formal bilateral pro-
grams with those countries to prevent and to pros-
ecute the smuggling of undocumented aliens into the
United States;
(2) not later than one year after the date of en-
actment of this Act, the Attorney General shall re-
port to the Congress the progress made in establish-
ing such programs; and
(3) in any such program established under this
Act, major emphasis should be placed on deterring
and prosecuting persons involved in the organized
and continued smuggling of undocumented aliens.
TITLE II—IMMIGRATION DOCU-
MENT FRAUD PREVENTION
SEC. 201. ISSUANCE OF NEW IDENTIFICATION CARDS FOR
ALIENS.
(a) IN GENERAL.—The Attorney General shall cause
to be issued new registration and identification cards to
all aliens who are qualified to hold employment in the
United States for the purpose of providing proof of em-
ployment eligibility under section 274A of the Immigration
and Nationality Act (8 U.S.C. 1324a).
(b) REQUIREMENTS.—(1) Each new registration and
identification card issued under subsection (a) shall—
(A) be in a form which is resistant to counter-
feiting and tampering;
(B) be designed in such a manner so that an
employer can reliably determine that—
(i) the person with the bearer’s claimed
identity is eligible to be employed in the United
States, and
(ii) the bearer is not claiming the identity
of another individual;
(C) contain a photograph and other identifying
information (such as date of birth, sex, and distin-
guishing marks) that would allow an employer to de-
termine with reasonable certainty that the bearer is
not claiming the identity of another individual;
(D) in the case of a card issued to—
(i) a work-eligible nonimmigrant admitted
under section 214 of the Immigration and Na-
tionality Act (8 U.S.C. 1184),
(ii) an alien admitted for temporary resi-
dence under section 210 of such Act (8 U.S.C.
1160),
(iii) an alien granted temporary protected
status under section 244A of such Act (8
U.S.C. 1254a), and
(iv) an alien authorized to work by the Im-
migration and Naturalization Service pending a
final determination of deportability,
shall specify the expiration date of the work author-
ization on the face of the card; and
(E) shall specify the alien’s admission number
or alien file number.
(2) The new card shall be valid for a period of 10
years and must be reissued to remain valid after the 10th
anniversary of the date of its issue.
(3) The new card shall note on its face whether work
authorization is restricted.
(4) An employer, for purposes of satisfying the re-
quirements of section 274A(b) of the Immigration and
Nationality Act—
(A) may require an alien seeking employment to
produce the new card as proof of employment eligi-
bility, and
(B) may inquire whether an applicant’s limited
work authorization has expired or has been reau-
thorized at the end of a work authorization period.
Such a requirement or inquiry shall not constitute an un-
fair immigration-related employment practice under sec-
tion 274B of such Act.
SEC. 202. IMPLEMENTATION.
(a) IN GENERAL.—Each alien who is authorized to
be employed in the United States shall, on or before Octo-
ber 1, 1996, turn in any alien registration and identifica-
tion card which is in the alien’s possession at any post
office or office of the Immigration and Naturalization
Service. No resident alien shall receive the new card
until—
(1) the alien—
(A) has surrendered the old green card,
(B) has provided proof of identity,
(C) has provided such other documents as
may be required under law, and
(D) has paid a fee (not to exceed $75) that
is reasonable and sufficient to cover the costs of
administration of this section; and
(2) the Service has verified the lawful status of
the alien.
The Attorney General may waive payment of the fee under
paragraph (1)(D) (or reduce the amount of such fee) if
the alien provides satisfactory evidence that the alien can-
not afford the full fee.
(b) POSTING OF NOTICES.—Notices of the require-
ment of subsection (a) shall be posted in all post offices
and Immigration and Naturalization Service offices and
published in local newspapers during fiscal year 1996.
(c) INVALIDITY OF OLD CARDS.—Any alien registra-
tion or identification card for permanent resident aliens,
other than an alien registration and identification card is-
sued under this section, shall be invalid as of midnight
of October 1, 1998.
(d) USE OF NEW CARDS UNDER SAVE PROGRAM.—
(1) IN GENERAL.—Section 1137(d) of the So-
cial Security Act (42 U.S.C. 1320b–7(d)) is amend-
ed—
(A) in paragraph (2), by striking ‘‘either’’
and all that follows through the end and insert-
ing the following: ‘‘a registration and identifica-
tion card issued under section 2(a) of the Immi-
gration Reform Act of 1995.’’,
(B) in paragraph (3), by striking ‘‘para-
graph (2)(A)’’ and inserting ‘‘paragraph (2)’’,
and
(C) in paragraph (4), by striking ‘‘para-
graph (2)(A)’’ and inserting ‘‘such paragraph’’.
(2) HOUSING ASSISTANCE.—Section 214(d) of
the Housing and Community Development Act of
1980 (42 U.S.C. 1436a(d)) is amended—
(A) in paragraph (2), by striking ‘‘either’’
and all that follows through the end and insert-
ing the following: ‘‘a registration and identifica-
tion card issued under section 2(a) of the Immi-
gration Reform Act of 1995.’’,
(B) in paragraph (3), by striking ‘‘para-
graph (2)(A)’’ and inserting ‘‘paragraph (2)’’,
(C) in paragraph (4), by striking ‘‘para-
graph (2)(A)’’ the first place it appears and in-
serting ‘‘paragraph (2)’’, and
(D) in paragraph (4), by striking ‘‘para-
graph (2)(A)’’ the second place it appears and
inserting ‘‘such paragraph’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall take effect on October 1,
1998.
SEC. 203. NO NATIONAL IDENTITY CARD.
The new card described in section 201—
(1) shall not be considered a national identity
card;
(2) shall not be issued to any citizen or national
of the United States; and
(3) shall—
(A) not be required to be carried on one’s
person, and
(B) not be required to be presented other
than—
(i) upon request by a prospective em-
ployer for any purposes other than under
this section or under sections 1001, 1023,
1566, and 1621 of title 18, United States
Code, or to satisfy the requirements of sec-
tion 274A of the Immigration and Nation-
ality Act, or
(ii) for purposes of carrying out sec-
tion 1137(d) of the Social Security Act or
section 214(d) of the Housing and Com-
munity Development Act of 1980.
SEC. 204. EMPLOYER EDUCATION PROGRAM.
The Attorney General, in consultation with the Sec-
retary of Labor, the Administrator of the Small Business
Administration, and the Commissioner of the Internal
Revenue, shall conduct a nationwide program to inform
employers about their responsibilities under the Immigra-
tion and Nationality Act and the uses of the new alien
registration and identification cards issued under this Act.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $5,000,000
for each of fiscal years 1996 and 1997 to carry out this
Act.
SEC. 206. EMPLOYMENT ELIGIBILITY VERIFICATION DEM-
ONSTRATION PROJECT.
The Attorney General shall continue to conduct the
demonstration projects under section 274A of the Immi-
gration and Nationality Act in order to establish if it is
feasible to determine the employment eligibility of aliens
authorized to work in the United States through the use
of a telephone and computation capability that is available
on the date of enactment of this Act. The Attorney Gen-
eral shall submit a report to Congress on such projects
by not later than October 1, 1995.
TITLE 
III—RESTRICTIONS 
ON
ALIEN ELIGIBILITY FOR WEL-
FARE
SECTION 301. PROHIBITION OF DIRECT FEDERAL FINAN-
CIAL BENEFITS AND UNEMPLOYMENT BENE-
FITS TO ALIENS WHO ARE NOT LAWFUL PER-
MANENT RESIDENTS.
(a) IN GENERAL.—On and after the date of the en-
actment of this Act, notwithstanding any other provision
of law, no direct Federal financial benefit or social insur-
ance benefit, including (but not limited to)—
(1) payments under the aid to families with de-
pendent children program under part A of title IV
of the Social Security Act,
(2) benefits under the supplemental security in-
come program under title XVI of the Social Security
Act,
(3) food stamps under the Food Stamp Act of
1977, and
(4) financial assistance (as defined in section
214(b) of the Housing and Community Development
Act of 1980),
may be paid or otherwise given to any person who is not
a citizen or national of the United States, an alien lawfully
admitted for permanent residence, or an alien otherwise
lawfully and permanently residing in the United States (as
defined in subsection (e)), except pursuant to a provision
of the Immigration and Nationality Act.
(b) UNEMPLOYMENT BENEFITS.—No alien who has
not been granted employment authorization pursuant to
Federal law shall be eligible for unemployment benefits.
(c) SOCIAL SECURITY BENEFITS.—
(1) IN
GENERAL.—Subsection (a) shall not
apply to benefits paid under the old age, survivors,
and disability insurance program under title II of
the Social Security Act.
(2) NO CREDIT FOR WAGES FOR UNAUTHOR-
IZED
EMPLOYMENT.—Notwithstanding any other
provision of law, wages paid on or after the date of
the enactment of this Act with respect to an alien’s
employment which is not authorized under law shall
not be taken into account in crediting quarters of
coverage under title II of the Social Security Act.
(d) CONSTRUCTION.—This section shall not apply to
the provision of foreign aid to aliens abroad.
(e) DEFINITION.—For purposes of this section, the
term ‘‘alien otherwise lawfully and permanently residing
in the United States’’ means any person who at the time
the person applies for, receives, or attempts to receive a
Federal financial benefit or social insurance benefit is an
asylee, a refugee, or a parolee.
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