I
104TH CONGRESS
1ST SESSION
H. R. 1292
To revise, codify, and enact without substantive change certain general and
permanent laws, related to aliens and nationality, as title 8, United States
Code, ‘‘Aliens and Nationality’’.
IN THE HOUSE OF REPRESENTATIVES
MARCH 22, 1995
Mr. HYDE introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To revise, codify, and enact without substantive change certain general and
permanent laws, related to aliens and nationality, as title 8, United States
Code, ‘‘Aliens and Nationality’’.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. TITLE 8, UNITED STATES CODE.
Certain general and permanent laws of the United States, related to
aliens and nationality, are revised, codified, and enacted as title 8, United
States Code, ‘‘Aliens and Nationality’’, as follows:
TITLE 8—ALIENS AND NATIONALITY
SUBTITLE
Sec.
I.
GENERAL .......................................................................................................
101
II.
ALIENS ...........................................................................................................
2101
III.
UNLAWFUL EMPLOYMENT PRACTICES ................................................
11101
IV.
REFUGEE AND IMMIGRANT PROGRAMS ...............................................
13101
V.
CITIZENSHIP AND NATIONALITY ...........................................................
20101
SUBTITLE I—GENERAL
CHAPTER
Sec.
1.
DEFINITIONS ................................................................................................
101
3.
ORGANIZATION AND ADMINISTRATION ...............................................
301
5.
PASSPORTS AND TRAVEL REQUIREMENTS .........................................
501
7.
GENERAL MISCELLANEOUS .....................................................................
701
CHAPTER 1—DEFINITIONS
Sec.
101.
Adjacent islands.
102.
Advocates.
103.
Agency.
104.
Aggravated felony.
105.
Alien.
106.
Application for admission.
107.
Border crossing identification card.
108.
Child.
109.
Consular officer.
110.
Crewmember.
111.
Entry.
112.
Executive agency.
113.
Executive capacity.
114.
Foreign country.
115.
Good moral character.
116.
Graduate of a medical school.
117.
Immediate relative.
118.
Immigrant.
119.
Immigration judge.
120.
Immigration laws.
121.
Immigration officer.
122.
Ineligible for citizenship.
123.
International organization.
124.
Lawfully admitted for permanent residence.
125.
Managerial capacity.
126.
National.
127.
National of the United States.
128.
Naturalization.
129.
Nonimmigrant.
130.
Parent, father, and mother.
131.
Passport.
132.
Refugee.
133.
Residence.
134.
Special immigrant.
135.
Spouse, wife, and husband.
136.
State.
137.
Totalitarian dictatorship.
138.
Totalitarian party.
139.
United States.
140.
Unmarried.
141.
Visa.
§ 101. Adjacent islands
In this title, ‘‘adjacent islands’’ includes the Bahamas, Barbados, Ber-
muda, Cuba, the Dominican Republic, Haiti, Jamaica, Martinique,
Miquelon, Saint Pierre, Trinidad, the Windward and Leeward Islands, and
other British, French, and Dutch territories and possessions in or bordering
on the Caribbean Sea.
§ 102. Advocates
In this title, ‘‘advocates’’ includes advises, recommends, furthers by overt
act, and admits belief in.
§ 103. Agency
In this title (except subchapter II of chapter 131 and chapters 133–137),
‘‘agency’’ means a department, agency, or instrumentality of the United
States Government.
§ 104. Aggravated felony
(a) COMMISSION AND CONVICTION AT ANY TIME.—(1) In this title, ‘‘ag-
gravated felony’’ means any of the following, or an attempt or conspiracy
to commit any of the following, committed in the United States:
(A) murder.
(B) illicit trafficking in a controlled substance (as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802)), including a
drug trafficking crime (as defined in section 924(c)(2) of title 18).
(C) illicit trafficking in a firearm or destructive device (as defined
in section 921(a) of title 18).
(2) Paragraph (1) of this subsection applies to an offense under a law
of a State or the United States.
(b) ADDITIONAL OFFENSES COMMITTED AFTER NOVEMBER 28, 1990.—
(1) In this title, ‘‘aggravated felony’’, in addition to its meaning under sub-
section (a) of this section, means—
(A) any of the offenses specified in subsection (a)(1) of this section,
or an attempt or conspiracy to commit any of those offenses, commit-
ted outside the United States after November 28, 1990; and
(B) any of the following, or an attempt or conspiracy to commit any
of the following, committed in or outside the United States after No-
vember 28, 1990:
(i) a crime of violence (as defined in section 16 of title 18, ex-
cept a purely political offense) for which the term of imprisonment
imposed (regardless of any suspension of imprisonment) is at least
5 years.
(ii) an offense described in section 1956 of title 18 for which
a conviction is entered before October 25, 1994.
(2) Paragraph (1) of this subsection applies to an offense under a law
of—
(A) a State or the United States; or
(B) a foreign country if the term of imprisonment for the offense
was completed within the prior 15 years.
(c) ADDITIONAL OFFENSES
FOR WHICH CONVICTION IS ENTERED
AFTER OCTOBER 24, 1994.—(1) In this title, ‘‘aggravated felony’’, in addi-
tion to its meaning under subsections (a) and (b) of this section, means any
of the following, or an attempt or conspiracy to commit any of the following,
for which a conviction is entered after October 24, 1994:
(A) illicit trafficking in an explosive material (as defined in section
841(c) of title 18).
(B) a theft offense (including receipt of stolen property) or burglary
offense for which the term of imprisonment imposed (regardless of any
suspension of imprisonment) is at least 5 years.
(C) an offense that relates to owning, controlling, managing, or su-
pervising a prostitution business or that is described in section 1581,
1582, 1583, 1584, 1585, or 1588 of title 18.
(D) an offense that—
(i) involves fraud or deceit in which the loss to the victim is
more than $200,000; or
(ii) is described in section 7201 of the Internal Revenue Code
of 1986 (26 U.S.C. 7201) in which the loss to the United States
Government is more than $200,000.
(E) an offense related to a failure to appear by a defendant for serv-
ice of sentence if the underlying offense is punishable by a term of im-
prisonment of at least 15 years.
(F) an offense described in section 10147(a)(1) of this title for com-
mercial advantage.
(G) an offense described in section 793, 798, 2153, 2381, or 2382
of title 18 or section 601 of the National Security Act of 1947 (50
U.S.C. 421).
(H) an offense described in section 842(h) or (i), 844(d), (e), (f),
(g), (h) or (i), 922(g)(1), (2), (3), (4) or (5), (j), (n), (o), (p), or (r),
or 924(b) or (h) of title 18 or section 5861 of the Internal Revenue
Code of 1986 (26 U.S.C. 5861).
(I) an offense described in section 875, 876, 877, or 1202 of title
18.
(J) an offense described in section 1546(a) of title 18 which con-
stitutes trafficking in the document described in section 1546(a) and
for which the term of imprisonment imposed (regardless of any suspen-
sion of imprisonment) is at least 5 years.
(K) an offense described in section 1957 of title 18 if the amount
is more than $100,000.
(L) an offense described in section 1962 of title 18 for which a sen-
tence of at least 5 years may be imposed.
(M) an offense described in section 2251, 2251A, or 2252 of title
18.