191
order that would reveal the substance or source
of such information, shall be transmitted under
seal.
‘‘(3) EXPEDITED APPELLATE PROCEEDING.—In
an appeal or review to the Court of Appeals pursu-
ant to subsection (b) or (c):
‘‘(A) REVIEW.—The appeal or review shall
be heard as expeditiously as practicable and the
Court may dispense with full briefing and hear
the matter solely on the record of the judge of
the special removal court and on such briefs or
motions as the Court may require to be filed by
the parties.
‘‘(B) DISPOSITION.—The Court shall up-
hold or reverse the judge’s order within 60 days
after the date of the issuance of the judge’s
final order.
‘‘(4) STANDARD FOR REVIEW.—In an appeal or
review to the Court of Appeals pursuant to sub-
section (b) or (c):
‘‘(A) QUESTIONS OF LAW.—The Court of
Appeals shall review all questions of law de
novo.
‘‘(B) QUESTIONS OF FACT.—(i) Subject to
clause (ii), a prior finding on any question of
192
fact shall not be set aside unless such finding
was clearly erroneous.
‘‘(ii) In the case of a review under sub-
section (c)(2) in which an alien lawfully admit-
ted for permanent residence was denied a writ-
ten summary of classified information under
section 506(b)(4), the Court of Appeals shall
review questions of fact de novo.
‘‘(e) CERTIORARI.—Following a decision by the Court
of Appeals pursuant to subsection (b) or (c), either the
alien or the Department of Justice may petition the Su-
preme Court for a writ of certiorari. In any such case,
any information transmitted to the Court of Appeals
under seal shall, if such information is also submitted to
the Supreme Court, be transmitted under seal. Any order
of removal shall not be stayed pending disposition of a
writ of certiorari except as provided by the Court of Ap-
peals or a Justice of the Supreme Court.
‘‘(f) APPEALS OF DETENTION ORDERS.—
‘‘(1) IN GENERAL.— The provisions of sections
3145 through 3148 of title 18, United States Code,
pertaining to review and appeal of a release or de-
tention order, penalties for failure to appear, pen-
alties for an offense committed while on release, and
sanctions for violation of a release condition shall
193
apply to an alien to whom section 508(b)(1) applies.
In applying the previous sentence—
‘‘(A) for purposes of section 3145 of such
title an appeal shall be taken to the United
States Court of Appeals for the District of Co-
lumbia Circuit, and
‘‘(B) for purposes of section 3146 of such
title the alien shall be considered released in
connection with a charge of an offense punish-
able by life imprisonment.
‘‘(2) NO REVIEW OF CONTINUED DETENTION.—
The determinations and actions of the Attorney
General pursuant to section 508(c)(2)(C) shall not
be subject to judicial review, including application
for a writ of habeas corpus, except for a claim by
the alien that continued detention violates the alien’s
rights under the Constitution. Jurisdiction over any
such challenge shall lie exclusively in the United
States Court of Appeals for the District of Columbia
Circuit.
‘‘DETENTION AND CUSTODY
‘‘SEC. 508. (a) INITIAL CUSTODY.—
‘‘(1) UPON FILING APPLICATION.—Subject to
paragraph (2), the Attorney General may take into
custody any alien with respect to whom an applica-
tion under section 503 has been filed and, notwith-
194
standing any other provision of law, may retain such
an alien in custody in accordance with the proce-
dures authorized by this title.
‘‘(2) SPECIAL
RULES
FOR
PERMANENT
RESI-
DENT ALIENS.—An alien lawfully admitted for per-
manent residence shall be entitled to a release hear-
ing before the judge assigned to hear the special re-
moval hearing. Such an alien shall be detained pend-
ing the special removal hearing, unless the alien
demonstrates to the court that—
‘‘(A) the alien, if released upon such terms
and conditions as the court may prescribe (in-
cluding the posting of any monetary amount),
is not likely to flee, and
‘‘(B) the alien’s release will not endanger
national security or the safety of any person or
the community.
The judge may consider classified information sub-
mitted in camera and ex parte in making a deter-
mination under this paragraph.
‘‘(3) RELEASE IF ORDER DENIED AND NO RE-
VIEW SOUGHT.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), if a judge of the special removal
court denies the order sought in an application
195
with respect to an alien and the Department of
Justice does not seek review of such denial, the
alien shall be released from custody.
‘‘(B) APPLICATION
OF
REGULAR
PROCE-
DURES.—Subparagraph (A) shall not prevent
the arrest and detention of the alien pursuant
to title II.
‘‘(b) CONDITIONAL RELEASE IF ORDER DENIED AND
REVIEW SOUGHT.—
‘‘(1) IN GENERAL.—If a judge of the special re-
moval court denies the order sought in an applica-
tion with respect to an alien and the Department of
Justice seeks review of such denial, the judge shall
release the alien from custody subject to the least re-
strictive condition or combination of conditions of re-
lease described in section 3142(b) and clauses (i)
through (xiv) of section 3142(c)(1)(B) of title 18,
United States Code, that will reasonably assure the
appearance of the alien at any future proceeding
pursuant to this title and will not endanger the safe-
ty of any other person or the community.
‘‘(2) NO RELEASE FOR CERTAIN ALIENS.—If
the judge finds no such condition or combination of
conditions, the alien shall remain in custody until
the completion of any appeal authorized by this title.
196
‘‘(c) CUSTODY AND RELEASE AFTER HEARING.—
‘‘(1) RELEASE.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), if the judge decides pursuant to sec-
tion 505(i) that an alien should not be removed,
the alien shall be released from custody.
‘‘(B) CUSTODY PENDING APPEAL.—If the
Attorney General takes an appeal from such de-
cision, the alien shall remain in custody, subject
to the provisions of section 3142 of title 18,
United States Code.
‘‘(2) CUSTODY AND REMOVAL.—
‘‘(A) CUSTODY.—If the judge decides pur-
suant to section 505(i) that an alien shall be re-
moved, the alien shall be detained pending the
outcome of any appeal. After the conclusion of
any judicial review thereof which affirms the re-
moval order, the Attorney General shall retain
the alien in custody and remove the alien to a
country specified under subparagraph (B).
‘‘(B) REMOVAL.—
‘‘(i) IN GENERAL.—The removal of an
alien shall be to any country which the
alien shall designate if such designation
does not, in the judgment of the Attorney
198
months shall provide to the attorney represent-
ing the alien at the special removal hearing a
written report on the Attorney General’s ef-
forts. Any alien in custody pursuant to this
subparagraph shall be released from custody
solely at the discretion of the Attorney General
and subject to such conditions as the Attorney
General shall deem appropriate.
‘‘(D) FINGERPRINTING.—Before an alien
is transported out of the United States pursu-
ant to this subsection, or pursuant to an order
of exclusion because such alien is excludable
under section 212(a)(3)(B), the alien shall be
photographed and fingerprinted, and shall be
advised of the provisions of subsection 276(b).
‘‘(d) CONTINUED DETENTION PENDING TRIAL.—
‘‘(1) DELAY
IN
REMOVAL.—Notwithstanding
the provisions of subsection (c)(2), the Attorney
General may hold in abeyance the removal of an
alien who has been ordered removed pursuant to this
title to allow the trial of such alien on any Federal
or State criminal charge and the service of any sen-
tence of confinement resulting from such a trial.
‘‘(2) MAINTENANCE OF CUSTODY.—Pending the
commencement of any service of a sentence of con-
199
finement by an alien described in paragraph (1),
such an alien shall remain in the custody of the At-
torney General, unless the Attorney General deter-
mines that temporary release of the alien to the cus-
tody of State authorities for confinement in a State
facility is appropriate and would not endanger na-
tional security or public safety.
‘‘(3) SUBSEQUENT
REMOVAL.—Following the
completion of a sentence of confinement by an alien
described in paragraph (1) or following the comple-
tion of State criminal proceedings which do not re-
sult in a sentence of confinement of an alien released
to the custody of State authorities pursuant to para-
graph (2), such an alien shall be returned to the
custody of the Attorney General who shall proceed
to carry out the provisions of subsection (c)(2) con-
cerning removal of the alien.
‘‘(e) APPLICATION OF CERTAIN PROVISIONS RELAT-
ING TO ESCAPE OF PRISONERS.—For purposes of sections
751 and 752 of title 18, United States Code, an alien in
the custody of the Attorney General pursuant to this title
shall be subject to the penalties provided by those sections
in relation to a person committed to the custody of the
Attorney General by virtue of an arrest on a charge of
a felony.
200
‘‘(f) RIGHTS OF ALIENS IN CUSTODY.—
‘‘(1) FAMILY AND ATTORNEY VISITS.—An alien
in the custody of the Attorney General pursuant to
this title shall be given reasonable opportunity to
communicate with and receive visits from members
of the alien’s family, and to contact, retain, and
communicate with an attorney.
‘‘(2) DIPLOMATIC CONTACT.—An alien in the
custody of the Attorney General pursuant to this
title shall have the right to contact an appropriate
diplomatic or consular official of the alien’s country
of citizenship or nationality or of any country pro-
viding representation services therefore. The Attor-
ney General shall notify the appropriate embassy,
mission, or consular office of the alien’s detention.’’.
(b) CRIMINAL PENALTY FOR REENTRY OF ALIEN
TERRORISTS.—Section 276(b) (8 U.S.C. 1326(b)) is
amended—
(1) by striking ‘‘or’’ at the end of paragraph
(1),
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; or’’, and
(3) by inserting after paragraph (2) the follow-
ing new paragraph:
201
‘‘(3) who has been excluded from the United
States pursuant to subsection 235(c) because the
alien was excludable under subsection 212(a)(3)(B)
or who has been removed from the United States
pursuant to the provisions of title V, and who there-
after, without the permission of the Attorney Gen-
eral, enters the United States or attempts to do so
shall be fined under title 18, United States Code,
and imprisoned for a period of 10 years, which sen-
tence shall not run concurrently with any other sen-
tence.’’.
(c) ELIMINATION OF CUSTODY REVIEW BY HABEAS
CORPUS.—Section 106(a) (8 U.S.C. 1105a(a)) is amend-
ed—
(1) by adding ‘‘and’’ at the end of paragraph
(8),
(2) by striking ‘‘; and’’ at the end of paragraph
(9) and inserting a period, and
(3) by striking paragraph (10).
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act and shall apply to all aliens without regard
to the date of entry or attempted entry into the United
States.
202
SEC. 322. FUNDING FOR DETENTION AND REMOVAL OF
ALIEN TERRORISTS.
In addition to amounts otherwise appropriated, there
are authorized to be appropriated for each fiscal year (be-
ginning with fiscal year 1996) $5,000,000 to the Immigra-
tion and Naturalization Service for the purpose of detain-
ing and removing alien terrorists.
PART 2—INADMISSIBILITY AND DENIAL OF
RELIEF FOR ALIEN TERRORISTS
SEC. 331. MEMBERSHIP IN TERRORIST ORGANIZATION AS
GROUND OF INADMISSIBILITY.
(a) IN GENERAL.—Section 212(a)(3)(B) (8 U.S.C.
1182(a)(3)(B)) is amended—
(1) in clause (i)—
(A) by striking ‘‘or’’ at the end of
subclause (I),
(B) in subclause (II), by inserting ‘‘en-
gaged in or’’ after ‘‘believe,’’, and
(C) by inserting after subclause (II) the
following:
‘‘(III) is a representative of a ter-
rorist organization, or
‘‘(IV) is a member of a terrorist
organization which the alien knows or
should have known is a terrorist orga-
nization,’’; and
203
(2) by adding at the end the following:
‘‘(iv) TERRORIST ORGANIZATION DE-
FINED.—
‘‘(I) DESIGNATION.—For pur-
poses of this Act, the term ‘terrorist
organization’ means a foreign organi-
zation designated in the Federal Reg-
ister as a terrorist organization by the
Secretary of State, in consultation
with the Attorney General, based
upon a finding that the organization
engages in, or has engaged in, terror-
ist activity that threatens the national
security of the United States.
‘‘(II) PROCESS.—At least 3 days
before designating an organization as
a terrorist organization through publi-
cation in the Federal Register, the
Secretary of State, in consultation
with the Attorney General, shall notify
the Committees on the Judiciary of
the House of Representatives and the
Senate of the intent to make such
designation and the findings and basis
for designation. The Secretary of
204
State, in consultation with the Attor-
ney General, shall create an adminis-
trative record and may use classified
information in making such a designa-
tion. Such information is not subject
to disclosure so long as it remains
classified, except that it may be dis-
closed to a court ex parte and in cam-
era under subclause (III) for purposes
of judicial review of such a designa-
tion. The Secretary of State, in con-
sultation with the Attorney General,
shall provide notice and an oppor-
tunity for public comment prior to the
creation of the administrative record
under this subclause.
‘‘(III) JUDICIAL
REVIEW.—Any
organization designated as a terrorist
organization under the preceding pro-
visions of this clause may, not later
than 30 days after the date of the
designation, seek judicial review there-
of in the United States Court of Ap-
peals for the District of Columbia Cir-
cuit. Such review shall be based solely
205
upon the administrative record, except
that the Government may submit, for
ex parte and in camera review, classi-
fied information considered in making
the designation. The court shall hold
unlawful and set aside the designation
if the court finds the designation to be
arbitrary, capricious, an abuse of dis-
cretion, or otherwise not in accord-
ance with law, lacking substantial
support in the administrative record
taken as a whole or in classified infor-
mation submitted to the court under
the previous sentence, contrary to
constitutional right, power, privilege,
or immunity, or not in accord with the
procedures required by law.
‘‘(IV) CONGRESSIONAL REMOVAL
AUTHORITY.—The Congress reserves
the authority to remove, by law, the
designation of an organization as a
terrorist organization for purposes of
this Act.
‘‘(V) 
SUNSET.—Subject 
to
subclause (IV), the designation under
206
this clause of an organization as a
terrorist organization shall be effective
for a period of 2 years from the date
of the initial publication of the terror-
ist organization designation by the
Secretary of State. At the end of such
period (but no sooner than 60 days
prior to the termination of the 2-year-
designation period), the Secretary of
State, in consultation with the Attor-
ney General, may redesignate the or-
ganization in conformity with the re-
quirements of this clause for designa-
tion of the organization.
‘‘(VI) REMOVAL
AUTHORITY.—
The Secretary of State, in consulta-
tion with the Attorney General, may
remove the terrorist organization des-
ignation from any organization pre-
viously designated as such an organi-
zation, at any time, so long as the
Secretary publishes notice of the re-
moval in the Federal Register. The
Secretary is not required to report to
207
Congress prior to so removing such
designation.
‘‘(v) REPRESENTATIVE DEFINED.—
‘‘(I) IN GENERAL.—In this sub-
paragraph, the term ‘representative’
includes an officer, official, or spokes-
man of the organization and any per-
son who directs, counsels, commands
or induces the organization or its
members to engage in terrorist activ-
ity.
‘‘(II) JUDICIAL
REVIEW.—The
determination under this subpara-
graph that an alien is a representative
of a terrorist organization shall be
subject to judicial review under sec-
tion 706 of title 5, United States
Code.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
SEC. 332. DENIAL OF RELIEF FOR ALIEN TERRORISTS.
(a) WITHHOLDING
OF DEPORTATION.—Subsection
(h)(2) of section 243 (8 U.S.C. 1253), before amendment
by section 307(a), is amended by adding at the end the
208
following new sentence: ‘‘For purposes of subparagraph
(D), an alien who is described in section 241(a)(4)(B)
shall be considered to be an alien for whom there are rea-
sonable grounds for regarding as a danger to the security
of the United States.’’.
(b) SUSPENSION OF DEPORTATION.—Section 244(a)
(8 U.S.C. 1254(a)), before amendment by section 308(b),
is amended by striking ‘‘section 241(a)(4)(D)’’ and insert-
ing ‘‘subparagraph (B) or (D) of section 241(a)(4)’’.
(c) VOLUNTARY DEPARTURE.—Section 244(e)(2) (8
U.S.C. 1254(e)(2)), before amendment by section 308(b),
is amended by inserting ‘‘under section 241(a)(4)(B) or’’
after ‘‘who is deportable’’.
(d) ADJUSTMENT OF STATUS.—Section 245(c) (8
U.S.C. 1255(c)) is amended—
(1) by striking ‘‘or’’ before ‘‘(5)’’, and
(2) by inserting before the period at the end the
following: ‘‘, or (6) an alien who is deportable under
section 241(a)(4)(B)’’.
(e) REGISTRY.—Section 249(d) (8 U.S.C. 1259(d))
is amended by inserting ‘‘and is not deportable under sec-
tion 241(a)(4)(B)’’ after ‘‘ineligible to citizenship’’.
(f) EFFECTIVE DATE.—(1) The amendments made
by this section shall take effect on the date of the enact-
ment of this Act and shall apply to applications filed be-
209
fore, on, or after such date if final action has not been
taken on them before such date.
(2) The amendments made by subsections (a)
through (c) are subsequently superseded by the amend-
ments made by subtitle A.
Subtitle 
C—Deterring 
Transpor-
tation of Unlawful Aliens to the
United States
SEC. 341. DEFINITION OF STOWAWAY.
(a) STOWAWAY DEFINED.—Section 101(a) (8 U.S.C.
1101(a)) is amended by adding the following new para-
graph:
‘‘(47) The term ‘stowaway’ means any alien who ob-
tains transportation without the consent of the owner,
charterer, master or person in command of any vessel or
aircraft through concealment aboard such vessel or air-
craft. A passenger who boards with a valid ticket is not
to be considered a stowaway.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act.
SEC. 342. LIST OF ALIEN AND CITIZEN PASSENGERS ARRIV-
ING.
(a) IN
GENERAL.—Section 231(a) (8 U.S.C.
1221(a)) is amended—
210
(1) by amending the first sentence to read as
follows: ‘‘In connection with the arrival of any per-
son by water or by air at any port within the United
States from any place outside the United States, it
shall be the duty of the master or commanding offi-
cer, or authorized agent, owner, or consignee of the
vessel or aircraft, having such person on board to
deliver to the immigration officers at the port of ar-
rival, or other place designated by the Attorney Gen-
eral, electronic, typewritten, or printed lists or mani-
fests of the persons on board such vessel or air-
craft.’’;
(2) in the second sentence, by striking ‘‘shall be
prepared’’ and inserting ‘‘shall be prepared and sub-
mitted’’; and
(3) by inserting after the second sentence the
following sentence: ‘‘Such lists or manifests shall
contain, but not be limited to, for each person trans-
ported, the person’s full name, date of birth, gender,
citizenship, travel document number (if applicable)
and arriving flight number.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to vessels or aircraft arriving
at ports of entry on or after such date (not later than
211
60 days after the date of the enactment of this Act) as
the Attorney General shall specify.
SEC. 343. PROVISIONS RELATING TO CONTRACTS WITH
TRANSPORTATION LINES.
(a) COVERAGE OF NONCONTIGUOUS TERRITORY.—
Section 238 (8 U.S.C. 1228), before redesignation as sec-
tion 233 under section 308(b), is amended—
(1) in the heading, by striking ‘‘CONTIGUOUS’’,
and
(2) by striking ‘‘contiguous’’ each place it ap-
pears in subsections (a), (b), and (d).
(b) COVERAGE OF RAILROAD TRAIN.—Subsection (d)
of such section is further amended by inserting ‘‘ or rail-
road train’’ after ‘‘aircraft’’.
Subtitle D—Additional Provisions
SEC. 351. DEFINITION OF CONVICTION.
(a) IN
GENERAL.—Section 101(a) (8 U.S.C.
1101(a)), as amended by section 341(a), is amended by
adding at the end the following new paragraph:
‘‘(48) The term ‘conviction’ means a formal judgment
of guilt entered by a court or, if adjudication of guilt has
been withheld, where all of the following elements are
present:
‘‘(A) A judge or jury has found the alien guilty
or the alien has entered a plea of guilty or nolo
212
contendere or has admitted sufficient facts to war-
rant a finding of guilt.
‘‘(B) The judge has ordered some form of pun-
ishment, penalty, or restraint on the alien’s liberty
to be imposed.
‘‘(C) A judgment or adjudication of guilt may
be entered if the alien violates the terms of the pro-
bation or fails to comply with the requirements of
the court’s order, without availability of further pro-
ceedings regarding the alien’s guilt or innocence of
the original charge.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to convictions entered before,
on, or after the date of the enactment of this Act.
SEC. 352. IMMIGRATION JUDGES AND COMPENSATION.
(a) DEFINITION OF TERM.—Paragraph (4) of section
101(b) (8 U.S.C. 1101(b)) is amended to read as follows:
‘‘(4) The term ‘immigration judge’ means an attorney
whom the Attorney General appoints as an administrative
judge within the Executive Office for Immigration Review,
qualified to conduct specified classes of proceedings, in-
cluding a hearing under section 240. An immigration
judge shall be subject to such supervision and shall per-
form such duties as the Attorney General shall prescribe,
213
but shall not be employed by the Immigration and Natu-
ralization Service.’’.
(b) SUBSTITUTION FOR TERM ‘‘SPECIAL INQUIRY
OFFICER’’.—The Immigration and Nationality Act is
amended by striking ‘‘a special inquiry officer’’, ‘‘special
inquiry officer’’, and ‘‘special inquiry officers’’ and insert-
ing ‘‘an immigration judge’’, ‘‘immigration judge’’, and
‘‘immigration judges’’, respectively, each place it appears
in the following sections:
(1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)).
(2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
(3) Section 234 (8 U.S.C. 1224), before redes-
ignation by section 308(b).
(4) Section 235 (8 U.S.C. 1225), before redes-
ignation by section 308(b).
(5) Section 236 (8 U.S.C. 1226), before amend-
ment by section 303.
(6) Section 242(b) (8 U.S.C. 1252(b)), before
amendment by section 306(a)(2).
(7) Section 242(d)(1) (8 U.S.C. 1252(d)(1)),
before amendment by section 306(a)(2).
(8) Section 292 (8 U.S.C. 1362).
(c) COMPENSATION FOR IMMIGRATION JUDGES.—
(1) IN GENERAL.—There shall be four levels of
pay for immigration judges, under the Immigration
214
Judge Schedule (designated as IJ–1, 2, 3, and 4, re-
spectively), and each such judge shall be paid at one
of those levels, in accordance with the provisions of
this subsection.
(2) RATES OF PAY.—
(A) The rates of basic pay for the levels es-
tablished under paragraph (1) shall be as fol-
lows:
IJ–1 ...............................................
70% of the next to highest rate of
basic pay for the Senior Executive
Service
IJ–2 ...............................................
80% of the next to highest rate of
basic pay for the Senior Executive
Service
IJ–3 ...............................................
90% of the next to highest rate of
basic pay for the Senior Executive
Service
IJ–4 ...............................................
92% of the next to highest rate of
basic pay for the Senior Executive
Service.
(B) Locality pay, where applicable, shall be
calculated into the basic pay for immigration
judges.
(3) APPOINTMENT.—
(A) Upon appointment, an immigration
judge shall be paid at IJ–1, and shall be ad-
vanced to IJ–2 upon completion of 104 weeks
of service, to IJ–3 upon completion of 104
weeks of service in the next lower rate, and to
IJ–4 upon completion of 52 weeks of service in
the next lower rate.
215
(B) The Attorney General may provide for
appointment of an immigration judge at an ad-
vanced rate under such circumstances as the
Attorney General may determine appropriate.
(4) TRANSITION.—Judges serving on the Immi-
gration Court as of the effective date shall be paid
at the rate that corresponds to the amount of time,
as provided under paragraph (3)(A), that they have
served as an immigration judge.
(d) EFFECTIVE DATES.—
(1) Subsections (a) and (b) shall take effect on
the date of the enactment of this Act.
(2) Subsection (c) shall take effect 90 days
after the date of the enactment of this Act.
SEC. 353. RESCISSION OF LAWFUL PERMANENT RESIDENT
STATUS.
(a) IN
GENERAL.—Section 246(a) (8 U.S.C.
1256(a)) is amended by adding at the end the following
sentence: ‘‘Nothing in this subsection shall require the At-
torney General to rescind the alien’s status prior to com-
mencement of procedures to remove the alien under sec-
tion 240, and an order of removal issued by an immigra-
tion judge shall be sufficient to rescind the alien’s sta-
tus.’’.
216
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the title III–A effective
date (as defined in section 309(a)).
SEC. 354. CIVIL PENALTIES FOR FAILURE TO DEPART.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended by inserting after section 274C the follow-
ing new section:
‘‘CIVIL PENALTIES FOR FAILURE TO DEPART
‘‘SEC. 274D. (a) IN GENERAL.—Any alien subject to
a final order of removal who—
‘‘(1) willfully fails or refuses to—
‘‘(A) depart from the United States pursu-
ant to the order,
‘‘(B) make timely application in good faith
for travel or other documents necessary for de-
parture, or
‘‘(C) present for removal at the time and
place required by the Attorney General; or
‘‘(2) conspires to or takes any action designed
to prevent or hamper the alien’s departure pursuant
to the order,
shall pay a civil penalty of not more than $500 to the
Commissioner for each day the alien is in violation of this
section.
‘‘(b) CONSTRUCTION.—Nothing in this section shall
be construed to diminish or qualify any penalties to which
217
an alien may be subject for activities proscribed by section
243(a) or any other section of this Act.’’.
(b) CLERICAL AMENDMENT.—The table of contents
is amended by inserting after the item relating to section
274C the following new item:
‘‘Sec. 274D. Civil penalties for failure to depart.’’.
(c) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to actions occurring on or after
the title III–A effective date (as defined in section 309(a)).
SEC. 355. CLARIFICATION OF DISTRICT COURT JURISDIC-
TION.
(a) IN GENERAL.—Section 279 (8 U.S.C. 1329) is
amended—
(1) by amending the first sentence to read as
follows: ‘‘The district courts of the United States
shall have jurisdiction of all causes, civil and crimi-
nal, brought by the United States that arise under
the provisions of this title.’’, and
(2) by adding at the end the following new sen-
tence: ‘‘Nothing in this section shall be construed as
providing jurisdiction for suits against the United
States or its agencies or officers.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to actions filed after the date
of the enactment of this Act.
218
SEC. 356. DEMONSTRATION PROJECT FOR IDENTIFICATION
OF ILLEGAL ALIENS IN INCARCERATION FA-
CILITY OF ANAHEIM, CALIFORNIA.
(a) AUTHORITY.—The Attorney General may conduct
a project demonstrating the feasibility of identifying, from
among the individuals who are incarcerated in local gov-
ernmental prison facilities prior to arraignment on crimi-
nal charges, those individuals who are aliens unlawfully
present in the United States.
(b) DESCRIPTION OF PROJECT.—The project author-
ized by subsection (a) shall include—
(1) the detail to incarceration facilities within
the city of Anaheim, California and the county of
Ventura, California, of an employee of the Immigra-
tion and Naturalization Service who has expertise in
the identification of aliens unlawfully in the United
States, and
(2) provision of funds sufficient to provide
for—
(A) access for such employee to records of
the Service necessary to identify unlawful
aliens, and
(B) in the case of an individual identified
as an unlawful alien, pre-arraignment reporting
to the court regarding the Service’s intention to
remove the alien from the United States.
219
(c) TERMINATION.—The authority under this section
shall cease to be effective 6 months after the date of the
enactment of this Act.
SEC. 357. ENHANCED PENALTIES FOR FAILURE TO DEPART,
ILLEGAL REENTRY, AND PASSPORT AND VISA
FRAUD.
(a) FAILING TO DEPART.—The United States Sen-
tencing Commission shall promptly promulgate, pursuant
to section 994 of title 28, United States Code, amend-
ments to the sentencing guidelines to make appropriate
increases in the base offense level for offenses under sec-
tion 242(e) and 276(b) of the Immigration and National-
ity Act (8 U.S.C. 1252(e) and 1326(b)) to reflect the
amendments made by section 130001 of the Violent Crime
Control and Law Enforcement Act of 1994.
(b) PASSPORT AND VISA OFFENSES.—The United
States Sentencing Commission shall promptly promulgate,
pursuant to section 994 of title 28, United States Code,
amendments to the sentencing guidelines to make appro-
priate increases in the base offense level for offenses under
chapter 75 of title 18, United States Code to reflect the
amendments made by section 130009 of the Violent Crime
Control and Law Enforcement Act of 1994.
220
SEC. 358. AUTHORIZATION OF ADDITIONAL FUNDS FOR RE-
MOVAL OF ALIENS.
In addition to the amounts otherwise authorized to
be appropriated for each fiscal year beginning with fiscal
year 1996, there are authorized to be appropriated to the
Attorney General $150,000,000 for costs associated with
the removal of inadmissible or deportable aliens, including
costs of detention of such aliens pending their removal,
the hiring of more investigators, and the hiring of more
detention and deportation officers.
SEC. 359. APPLICATION OF ADDITIONAL CIVIL PENALTIES
TO ENFORCEMENT.
(a) IN GENERAL.—Subsection (b) of section 280 (8
U.S.C. 1330(b)) is amended to read as follows:
‘‘(b)(1) There is established in the general fund of
the Treasury a separate account which shall be known as
the ‘Immigration Enforcement Account’. Notwithstanding
any other section of this title, there shall be deposited as
offsetting receipts into the Immigration Enforcement Ac-
count amounts described in paragraph (2) to remain avail-
able until expended.
‘‘(2) The amounts described in this paragraph are the
following:
‘‘(A) The increase in penalties collected result-
ing from the amendments made by sections 203(b)
and 543(a) of the Immigration Act of 1990.
222
prior estimates were in excess of, or less than, the amount
required to be refunded under subparagraph (A).
‘‘(C) The amounts required to be refunded from the
Immigration Enforcement Account for fiscal year 1996
and thereafter shall be refunded in accordance with esti-
mates made in the budget request of the Attorney General
for those fiscal years. Any proposed changes in the
amounts designated in such budget requests shall only be
made after notification to the Committees on Appropria-
tions of the House of Representatives and the Senate in
accordance with section 605 of Public Law 103–317.
‘‘(D) The Attorney General shall prepare and submit
annually to the Congress statements of financial condition
of the Immigration Enforcement Account, including begin-
ning account balance, revenues, withdrawals, and ending
account balance and projection for the ensuing fiscal
year.’’.
(b) IMMIGRATION USER FEE ACCOUNT.—Section
286(h)(1)(B) (8 U.S.C. 1356(h)(1)(B)) is amended by
striking ‘‘271’’ and inserting ‘‘243(c), 271,’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to fines and penalties collected on
or after the date of the enactment of this Act.
223
SEC. 360. PRISONER TRANSFER TREATIES.
(a) NEGOTIATION.—Congress advises the President
to begin to negotiate and renegotiate, not later than 90
days after the date of the enactment of this Act, bilateral
prisoner transfer treaties. The focus of such negotiations
shall be—
(1) to expedite the transfer of aliens unlawfully
in the United States who are (or are about to be)
incarcerated in United States prisons,
(2) to ensure that a transferred prisoner serves
the balance of the sentence imposed by the United
States courts,
(3) to eliminate any requirement of prisoner
consent to such a transfer, and
(4) to allow the Federal Government or the
States to keep their original prison sentences in
force so that transferred prisoners who return to the
United States prior to the completion of their origi-
nal United States sentences can be returned to cus-
tody for the balance of their prison sentences.
In entering into such negotiations, the President may con-
sider providing for appropriate compensation in cases
where the United States is able to independently verify
the adequacy of the sites where aliens will be imprisoned
and the length of time the alien is actually incarcerated
in the foreign country under such a treaty.
224
(b) CERTIFICATION.—The President shall submit to
the Congress, annually, a certification as to whether each
prisoner transfer treaty in force is effective in returning
aliens unlawfully in the United States who have committed
offenses for which they are incarcerated in the United
States to their country of nationality for further incarcer-
ation.
SEC. 361. CRIMINAL ALIEN IDENTIFICATION SYSTEM.
(a) OPERATION AND PURPOSE.—Subsection (a) of
section 130002 of the Violent Crime Control and Law En-
forcement Act of 1994 (Public Law 103–322) is amended
to read as follows:
‘‘(a) OPERATION AND PURPOSE.—The Commissioner
of Immigration and Naturalization shall, under the au-
thority of section 242(a)(3)(A) of the Immigration and
Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a crimi-
nal alien identification system. The criminal alien identi-
fication system shall be used to assist Federal, State, and
local law enforcement agencies in identifying and locating
aliens who may be subject to removal by reason of their
conviction of aggravated felonies, subject to prosecution
under section 275 of such Act, not lawfully present in the
United States, or otherwise removable. Such system shall
include providing for recording of fingerprint records of
aliens who have been previously arrested and removed into
225
appropriate automated fingerprint identification sys-
tems.’’.
(b) IDENTIFICATION OF CRIMINAL ALIENS UNLAW-
FULLY PRESENT IN THE UNITED STATES.—Upon the re-
quest of the governor or chief executive officer of any
State, the Immigration and Naturalization Service shall
provide assistance to State courts in the identification of
aliens unlawfully present in the United States pending
criminal prosecution.
SEC. 362. WAIVER OF EXCLUSION AND DEPORTATION
GROUND FOR CERTAIN SECTION 274C VIOLA-
TORS.
(a) EXCLUSION GROUNDS.—Section 212 (8 U.S.C.
1182) is amended—
(1) by amending subparagraph (F) of sub-
section (a)(6) to read as follows:
‘‘(F) SUBJECT OF CIVIL PENALTY.—
‘‘(i) IN GENERAL.—An alien who is
the subject of a final order for violation of
section 274C is inadmissible.
‘‘(ii) WAIVER AUTHORIZED.—For pro-
vision authorizing waiver of clause (i), see
subsection (d)(12).’’; and
(2) by adding at the end of subsection (d) the
following new paragraph:
226
‘‘(12) The Attorney General may, in the discretion
of the Attorney General for humanitarian purposes, to as-
sure family unity, or when it is otherwise in the public
interest, waive application of clause (i) of subsection
(a)(6)(F)—
‘‘(A) in the case of an alien lawfully admitted
for permanent residence who temporarily proceeded
abroad voluntarily and not under an order of depor-
tation and who is otherwise admissible to the United
States as a returning resident under section 211(b),
and
‘‘(B) in the case of an alien seeking admission
or adjustment of status under section 201(b)(2)(A)
or under section 203(a),
if the violation under section 274C was committed solely
to assist, aid, or support the alien’s spouse, parent, son,
or daughter (and not another individual).’’.
(b) GROUND OF DEPORTATION.—Subparagraph (C)
of section 241(a)(3) (8 U.S.C. 1251(a)(3)), before redesig-
nation by section 305(a)(2), is amended to read as follows:
‘‘(C) DOCUMENT FRAUD.—
‘‘(i) IN GENERAL.—An alien who is
the subject of a final order for violation of
section 274C is deportable.
227
‘‘(ii) WAIVER AUTHORIZED.—The At-
torney General may waive clause (i) in the
case of an alien lawfully admitted for per-
manent residence if the alien’s civil money
penalty under section 274C was incurred
solely to assist, aid, or support the alien’s
spouse, parent, son, or daughter (and no
other individual).’’.
SEC. 363. AUTHORIZING REGISTRATION OF ALIENS ON
CRIMINAL PROBATION OR CRIMINAL PA-
ROLE.
Section 263(a) (8 U.S.C. 1303(a)) is amended by
striking ‘‘and (5)’’ and inserting ‘‘(5) aliens who are or
have been on criminal probation or criminal parole within
the United States, and (6)’’.
SEC. 364. CONFIDENTIALITY PROVISION FOR CERTAIN
ALIEN BATTERED SPOUSES AND CHILDREN.
(a) IN GENERAL.—Except as provided in subsection
(b), in no case may the Attorney General, or any other
official or employee of the Department of Justice (includ-
ing any bureau or agency of such Department)—
(1) make an adverse determination of admissi-
bility or deportability of an alien under the Immigra-
tion and Nationality Act using information furnished
solely by—
228
(A) a spouse or parent who has battered
the alien or subjected the alien to extreme cru-
elty,
(B) a member of the spouse’s or parent’s
family residing in the same household as the
alien who has battered the alien or subjected
the alien to extreme cruelty when the spouse or
parent consented to or acquiesced in such bat-
tery or cruelty,
(C) a spouse or parent who has battered
the alien’s child or subjected the alien’s child to
extreme cruelty (without the active participation
of the alien in the battery or extreme cruelty),
or
(D) a member of the spouse’s or parent’s
family residing in the same household as the
alien who has battered the alien’s child or sub-
jected the alien’s child to extreme cruelty when
the spouse or parent consented to or acquiesced
in such battery or cruelty and the alien did not
actively participate in such battery or cruelty,
unless the alien has been convicted of a crime or
crimes listed in section 241(a)(2) of the Immigration
and Nationality Act; or
229
(2) permit use by or disclosure to anyone (other
than a sworn officer or employee of the Department,
or bureau or agency thereof, for legitimate Depart-
ment, bureau, or agency purposes) of any informa-
tion which relates to an alien who is the beneficiary
of an application for relief under clause (iii) or (iv)
of section 204(a)(1)(A), clause (ii) or (iii) of section
204(a)(1)(B), 
section 
216(c)(4)(C), 
or 
section
244(a)(3) of such Act as an alien (or the parent of
a child) who has been battered or subjected to ex-
treme cruelty.
The limitation under paragraph (2) ends when the appli-
cation for relief is denied and all opportunities for appeal
of the denial have been exhausted.
(b) EXCEPTIONS.—
(1) The Attorney General may provide, in the
Attorney General’s discretion, for the disclosure of
information in the same manner and circumstances
as census information may be disclosed by the Sec-
retary of Commerce under section 8 of title 13,
United States Code.
(2) The Attorney General may provide in the
discretion of the Attorney General for the disclosure
of information to law enforcement officials to be
used solely for a legitimate law enforcement purpose.
230
(3) Subsection (a) shall not be construed as
preventing disclosure of information in connection
with judicial review of a determination in a manner
that protects the confidentiality of such information.
(4) Subsection (a)(2) shall not apply if all the
battered individuals in the case are adults and they
have all waived the restrictions of such subsection.
(c) PENALTIES FOR VIOLATIONS.—Anyone who uses,
publishes, or permits information to be disclosed in viola-
tion of this section shall be fined in accordance with title
18, United States Code, or imprisoned not more than 5
years, or both.
SEC. 365. AUTHORITY FOR STATE AND LOCAL LAW EN-
FORCEMENT ASSISTANCE IN DEPORTATION.
Section 103 (8 U.S.C. 1103) is amended by adding
at the end the following new subsection:
‘‘(f)(1) The Attorney General may deputize any law
enforcement officer of any State or of any political subdivi-
sion of any State to seek, apprehend, detain, and commit
to the custody of an officer of the Department of Justice
aliens subject to a final order of deportation or exclusion
under this Act, if—
‘‘(1) actions pursuant to such deputization are
subject to the direction and supervision of an officer
of the Department of Justice;
231
‘‘(2) any deputization, its duration, an identi-
fication of the supervising officer of the Department
of Justice, and the specific powers, privileges, and
duties to be performed or exercised are set forth in
writing; and
‘‘(3) the Governor of the State, or the chief
elected or appointed official of a political subdivision
(as may be appropriate) consents to the deputiza-
tion.
‘‘(2) No deputization under this subsection shall enti-
tle any State, political subdivision, or individual to any
compensation or reimbursement from the United States,
except where the amount thereof and the entitlement
thereto are set forth in the written deputization or where
otherwise explicitly provided by law.’’.
TITLE 
IV—ENFORCEMENT 
OF
RESTRICTIONS AGAINST EM-
PLOYMENT
SEC. 401. PILOT PROGRAM FOR VOLUNTARY USE OF EM-
PLOYMENT 
ELIGIBILITY 
CONFIRMATION
PROCESS.
(a) VOLUNTARY ELECTION
TO PARTICIPATE
IN
PILOT PROGRAM CONFIRMATION MECHANISM.—
(1) IN GENERAL.—An employer (or a recruiter
or referrer subject to section 274A(a)(1)(B)(ii) of
232
the Immigration and Nationality Act) may elect to
participate in the pilot program for employment eli-
gibility confirmation provided under this section
(such program in this section referred to as the
‘‘pilot program’’). Except as specifically provided in
this section, the Attorney General is not authorized
to require any entity to participate in the program
under this section. The pilot program shall operate
in at least 5 of the 7 States with the highest esti-
mated population of unauthorized aliens.
(2) EFFECT OF ELECTION.—The following pro-
visions apply in the case of an entity electing to par-
ticipate in the pilot program:
(A) OBLIGATION
TO
USE
CONFIRMATION
MECHANISM.—The entity agrees to comply with
the confirmation mechanism under subsection
(c) to confirm employment eligibility under the
pilot program for all individuals covered under
the election in accordance with this section.
(B) BENEFIT OF REBUTTABLE PRESUMP-
TION.—
(i) IN
GENERAL.—If the entity ob-
tains confirmation of employment eligibility
under the pilot program with respect to the
hiring (or recruiting or referral that is sub-
233
ject to section 274A(a)(1)(B)(ii) of the Im-
migration and Nationality Act) of an indi-
vidual for employment in the United
States, the entity has established a rebut-
table presumption that the entity has not
violated section 274A(a)(1)(A) of the Im-
migration and Nationality Act with respect
to such hiring (or such recruiting or refer-
ral).
(ii) CONSTRUCTION.—Clause (i) shall
not be construed as preventing an entity
that has an election in effect under this
section from establishing an affirmative de-
fense under section 274A(a)(3) of the Im-
migration and Nationality Act if the entity
complies with the requirements of section
274A(a)(1)(B) of such Act but fails to
comply with the obligations under subpara-
graph (A).
(C) BENEFIT OF NOTICE BEFORE EMPLOY-
MENT-RELATED
INSPECTIONS.—The Immigra-
tion and Naturalization Service, the Special
Counsel for Immigration-Related Unfair Em-
ployment Practices, and any other agency au-
thorized to inspect forms required to be re-
235
may be) covered by the election. The Attorney
General may not impose any fee as a condition
of making an election or participation in the
pilot program under this section.
(B) ACCEPTANCE OF ELECTIONS.—Except
as otherwise provided in this paragraph, the At-
torney General shall accept all elections made
under paragraph (1). The Attorney General
may establish a process under which entities
seek to make elections in advance, in order to
permit the Attorney General the opportunity to
identify and develop appropriate resources to
accommodate the demand for participation in
the pilot program under this section.
(C) REJECTION OF ELECTIONS.—The At-
torney General may reject an election by an en-
tity under paragraph (1) because the Attorney
General has determined that there are insuffi-
cient resources to provide services under the
pilot program for the entity.
(D) TERMINATION
OF
ELECTIONS.—The
Attorney General may terminate an election by
an entity under paragraph (1) because the en-
tity has substantially failed to comply with the
236
obligations of the entity under the pilot pro-
gram.
(E) RESCISSION OF ELECTION.—An entity
may rescind an election made under this sub-
section in such form and manner as the Attor-
ney General shall specify.
(b) CONSULTATION, EDUCATION, AND PUBLICITY.—
(1) CONSULTATION.—The Attorney General
shall closely consult with representatives of employ-
ers (and recruiters and referrers whose recruiting or
referring is subject to section 274A(a)(1)(B)(ii) of
the Immigration and Nationality Act) in the develop-
ment and implementation of the pilot program under
this section, including the education of employers
(and such recruiters and referrers) about the pro-
gram.
(2) PUBLICITY.—The Attorney General shall
widely publicize the election process and pilot pro-
gram under this section, including the voluntary na-
ture of the program and the advantages to employ-
ers of making an election under subsection (a).
(3) 
ASSISTANCE
THROUGH
DISTRICT
OF-
FICES.—The Attorney General shall designate one or
more individuals in each District office of the Immi-
gration and Naturalization Service—
237
(A) to inform entities that seek informa-
tion about the program of the voluntary nature
of the program, and
(B) to assist entities in electing and par-
ticipating in the pilot program, in complying
with the requirements of section 274A of the
Immigration and Nationality Act, and in facili-
tating identification of individuals authorized to
be employed consistent with such section.
(c) CONFIRMATION PROCESS UNDER PILOT PRO-
GRAM.—An entity that is participating in the pilot pro-
gram agrees to conform to the following procedures in the
case of a hiring (or recruiting or referral in the case of
recruitment or referral that is subject to section
274A(a)(1)(B)(ii) of the Immigration and Nationality
Act) of each individual covered under the program for em-
ployment in the United States:
(1) PROVISION
OF
ADDITIONAL
INFORMA-
TION.—The entity shall obtain from the individual
(and the individual shall provide) and shall record on
the form used for purposes of section 274A(b)(1)(A)
of the Immigration and Nationality Act—
(A) the individual’s social security account
number (if the individual has been issued such
a number), and
238
(B) if the individual is an alien, such iden-
tification or authorization number established
by the Service for the alien as the Attorney
General shall specify.
(2) SEEKING CONFIRMATION.—
(A) IN GENERAL.—The entity shall make
an inquiry, under the confirmation mechanism
established under subsection (d), to seek con-
firmation of the identity, applicable number (or
numbers) described in section 274A(b)(2)(B) of
the Immigration and Nationality Act, and work
eligibility of the individual, by not later than
the end of 3 working days (as specified by the
Attorney General) after the date of the hiring
(or recruitment or referral, as the case may be).
(B) EXTENSION OF TIME PERIOD.—If the
entity in good faith attempts to make an in-
quiry during such 3 working days and the con-
firmation mechanism has registered that not all
inquiries were responded to during such time,
the entity can make an inquiry in the first sub-
sequent working day in which the confirmation
mechanism registers no nonresponses and qual-
ify for the presumption. If the confirmation
mechanism is not responding to inquiries at all
239
times during a day, the entity merely has to as-
sert that the entity attempted to make the in-
quiry on that day for the previous sentence to
apply to such an inquiry, and does not have to
provide any additional proof concerning such in-
quiry.
(3) CONFIRMATION.—
(A) IN GENERAL.—If the entity receives an
appropriate confirmation of such identity, appli-
cable number or numbers, and work eligibility
under the confirmation mechanism within the
time period specified under subsection (d) after
the time the confirmation inquiry was received,
the entity shall record on the form used for
purposes of section 274A(b)(1)(A) of the Immi-
gration and Nationality Act an appropriate code
indicating a confirmation of such identity, num-
ber or numbers, and work eligibility.
(B) FAILURE
TO
OBTAIN
CONFIRMA-
TION.—If the entity has made the inquiry de-
scribed in paragraph (1) but has received a
nonconfirmation within the time period speci-
fied—
240
(i) the presumption under subsection
(a)(2)(B) shall not be considered to apply,
and
(ii) if the entity nonetheless continues
to employ (or recruits or refers, if such re-
cruitment or referral is subject to section
274A(a)(1)(B)(ii) of the Immigration and
Nationality Act) the individual for employ-
ment in the United States, the entity shall
notify the Attorney General of such fact
through the confirmation mechanism or in
such other manner as the Attorney Gen-
eral may specify.
(C) CONSEQUENCES.—
(i) FAILURE TO NOTIFY.—If the en-
tity fails to provide notice with respect to
an individual as required under subpara-
graph (B)(ii), the failure is deemed to con-
stitute a violation of section 274A(a)(1)(A)
of the Immigration and Nationality Act
with respect to that individual.
(ii) 
CONTINUED
EMPLOYMENT.—If
the entity provides notice under subpara-
graph (B)(ii) with respect to an individual,
the entity has the burden of proof, for pur-
241
poses of applying section 274A(a)(1)(A) of
the Immigration and Nationality Act with
respect to such entity and individual, of es-
tablishing that the individual is not an un-
authorized alien (as defined in section
274A(h)(3) of such Act).
(iii) NO
APPLICATION
TO
CRIMINAL
PENALTY.—Clauses (i) and (ii) shall not
apply in any prosecution under section
274A(f)(1) of the Immigration and Nation-
ality Act.
(d) EMPLOYMENT ELIGIBILITY PILOT CONFIRMA-
TION MECHANISM.—
(1) IN GENERAL.—The Attorney General shall
establish a pilot program confirmation mechanism
(in this section referred to as the ‘‘confirmation
mechanism’’) through which the Attorney General
(or a designee of the Attorney General which may
include a nongovernmental entity)—
(A) responds to inquiries by electing enti-
ties, made at any time through a toll-free tele-
phone line or other electronic media in the form
of an appropriate confirmation code or other-
wise, on whether an individual is authorized to
be employed, and
242
(B) maintains a record that such an in-
quiry was made and the confirmation provided
(or not provided).
To the extent practicable, the Attorney General shall
seek to establish such a mechanism using one or
more nongovernmental entities. For purposes of this
section, the Attorney General (or a designee of the
Attorney General) shall provide through the con-
firmation mechanism confirmation or a tentative
nonconfirmation of an individual’s employment eligi-
bility within 3 working days of the initial inquiry.
(2) EXPEDITED PROCEDURE IN CASE OF NON-
CONFIRMATION.—In connection with paragraph (1),
the Attorney General shall establish, in consultation
with the Commissioner of Social Security and the
Commissioner of the Immigration and Naturaliza-
tion Service, expedited procedures that shall be used
to confirm the validity of information used under the
confirmation mechanism in cases in which the con-
firmation is sought but is not provided through the
confirmation mechanism.
(3) DESIGN AND OPERATION OF MECHANISM.—
The confirmation mechanism shall be designed and
operated—
243
(A) to maximize the reliability of the con-
firmation process, and the ease of use by enti-
ties making elections under subsection (a) con-
sistent with insulating and protecting the pri-
vacy and security of the underlying information,
and
(B) to respond to all inquiries made by
such entities on whether individuals are author-
ized to be employed registering all times when
such response is not possible.
(4) CONFIRMATION PROCESS.—
(A) CONFIRMATION OF VALIDITY OF SO-
CIAL SECURITY ACCOUNT NUMBER.—As part of
the confirmation mechanism, the Commissioner
of Social Security, in consultation with the en-
tity responsible for administration of the mech-
anism, shall establish a reliable, secure method,
which within the time period specified under
paragraph (1), compares the name and social
security account number provided against such
information maintained by the Commissioner in
order to confirm (or not confirm) the validity of
the information provided and whether the indi-
vidual has presented a social security account
number that is not valid for employment. The
244
Commissioner shall not disclose or release social
security information.
(B) CONFIRMATION OF ALIEN AUTHORIZA-
TION.—As part of the confirmation mechanism,
the Commissioner of the Service, in consulta-
tion with the entity responsible for administra-
tion of the mechanism, shall establish a reliable,
secure method, which, within the time period
specified under paragraph (1), compares the
name and alien identification or authorization
number (if any) described in subsection
(c)(1)(B) provided against such information
maintained by the Commissioner in order to
confirm (or not confirm) the validity of the in-
formation provided and whether the alien is au-
thorized to be employed in the United States.
(C) PROCESS
IN
CASE
OF
TENTATIVE
NONCONFIRMATION.—In 
cases 
of 
tentative
nonconfirmation, the Attorney General shall
specify, in consultation with the Commissioner
of Social Security and the Commissioner of the
Immigration and Naturalization Service, an ex-
pedited time period not to exceed 10 working
days 
after 
the 
date 
of 
the 
tentative
nonconfirmation within which final confirmation
245
or denial must be provided through the con-
firmation mechanism in accordance with the
procedures under paragraph (2).
(D) UPDATING INFORMATION.—The Com-
missioners shall update their information in a
manner that promotes the maximum accuracy
and shall provide a process for the prompt cor-
rection of erroneous information.
(5) PROTECTIONS.—(A) In no case shall an em-
ployer terminate employment of an individual be-
cause of a failure of the individual to have work eli-
gibility confirmed under this section, until after the
end of the 10-working-day period in which a final
confirmation or nonconfirmation is being sought
under paragraph (4)(C). Nothing in this subpara-
graph shall apply to a termination of employment
for any reason other than because of such a failure.
(B) The Attorney General shall assure that
there is a timely and accessible process to challenge
nonconfirmations made through the mechanism.
(C) If an individual would not have been dis-
missed from a job but for an error of the confirma-
tion mechanism, the individual will be entitled to
compensation through the mechanism of the Federal
Tort Claims Act.
246
(6) PROTECTION FROM LIABILITY FOR ACTIONS
TAKEN ON THE BASIS OF INFORMATION PROVIDED
BY THE EMPLOYMENT ELIGIBILITY CONFIRMATION
MECHANISM.—No person shall be civilly or crimi-
nally liable under any law (including the Civil Rights
Act of 1964, the Americans with Disabilities Act of
1990, the Fair Labor Standards Act of 1938, or the
Age Discrimination in Employment Act of 1967) for
any action taken in good faith reliance on informa-
tion provided through the employment eligibility con-
firmation mechanism established under this sub-
section.
(7) MULTIPLE
MECHANISMS
PERMITTED.—
Nothing in this subsection shall be construed as pre-
venting the Attorney General from experimenting
with different mechanisms for different entities.
(e) SELECT ENTITIES REQUIRED TO PARTICIPATE IN
PILOT PROGRAM.—
(1) FEDERAL
GOVERNMENT.—Each entity of
the Federal Government that is subject to the re-
quirements of section 274A of the Immigration and
Nationality Act (including the Legislative and Exec-
utive Branches of the Federal Government) shall
participate in the pilot program under this section
247
and shall comply with the terms and conditions of
such an election.
(2) APPLICATION TO CERTAIN VIOLATORS.—An
order 
under 
section 
274A(e)(4) 
or 
section
274B(g)(2)(B) of the Immigration and Nationality
Act may require the subject of the order to partici-
pate in the pilot program and comply with the re-
quirements of subsection (c).
(3) CONSEQUENCE
OF
FAILURE
TO
PARTICI-
PATE.—If an entity is required under this subsection
to participate in the pilot program and fails to com-
ply with the requirements of subsection (c) with re-
spect to an individual such failure shall be treated
as a violation of section 274A(a)(1)(B) of the Immi-
gration and Nationality Act with respect to that in-
dividual.
(f) 
PROGRAM
INITIATION; 
REPORTS; 
TERMI-
NATION.—
(1) INITIATION
OF
PROGRAM.—The Attorney
General shall implement the pilot program in a man-
ner that permits entities to have elections under sub-
section (a) made and in effect by not later than 1
year after the date of the enactment of this Act.
(2) REPORTS.—The Attorney General shall
submit to Congress annual reports on the pilot pro-
248
gram under this section at the end of each year in
which the program is in effect. The last two such re-
ports shall each include recommendations on wheth-
er or not the pilot program should be continued or
modified and on benefits to employers and enforce-
ment of section 274A of the Immigration and Na-
tionality Act obtained from use of the pilot program.
(3) TERMINATION.—Unless the Congress other-
wise provides, the Attorney General shall terminate
the pilot program under this section at the end of
the third year in which it is in effect under this sec-
tion.
(g) CONSTRUCTION.—This section shall not affect
the authority of the Attorney General under other law (in-
cluding section 274A(d)(4) of the Immigration and Na-
tionality Act) to conduct demonstration projects in rela-
tion to section 274A of such Act.
(h) LIMITATION ON USE OF THE CONFIRMATION
PROCESS AND ANY RELATED MECHANISMS.—Notwith-
standing any other provision of law, nothing in this section
shall be construed to permit or allow any department, bu-
reau, or other agency of the United States Government
to utilize any information, data base, or other records as-
sembled under this section for any other purpose other
249
than as provided for under the pilot program under this
section.
SEC. 402. LIMITING LIABILITY FOR CERTAIN TECHNICAL
VIOLATIONS 
OF 
PAPERWORK 
REQUIRE-
MENTS.
(a) IN GENERAL.—Section 274A(e)(1) (8 U.S.C.
1324a(e)(1)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (C),
(2) by striking the period at the end of sub-
paragraph (D) and inserting ‘‘, and’’, and
(3) by adding at the end the following new sub-
paragraph:
‘‘(E) under which a person or entity shall
not be considered to have failed to comply with
the requirements of subsection (b) based upon
a technical or procedural failure to meet a re-
quirement of such subsection in which there
was a good faith attempt to comply with the re-
quirement unless (i) the Service (or another en-
forcement agency) has explained to the person
or entity the basis for the failure, (ii) the per-
son or entity has been provided a period of not
less than 10 business days (beginning after the
date of the explanation) within which to correct
250
the failure, and (iii) the person or entity has
not corrected the failure voluntarily within such
period, except that this subparagraph shall not
apply with respect to the engaging by any per-
son or entity of a pattern or practice of viola-
tions of subsection (a)(1)(A) or (a)(2).’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to failures occurring on or after
the date of the enactment of this Act.
SEC. 403. PAPERWORK AND OTHER CHANGES IN THE EM-
PLOYER SANCTIONS PROGRAM.
(a) REDUCING TO 6 THE NUMBER OF DOCUMENTS
ACCEPTED
FOR EMPLOYMENT VERIFICATION.—Section
274A(b) (8 U.S.C. 1324a(b)) is amended—
(1) in paragraph (1)(B)—
(A) by adding ‘‘or’’ at the end of clause (i),
(B) by striking clauses (ii) through (iv),
and
(C) in clause (v), by striking ‘‘or other
alien registration card, if the card’’ and insert-
ing ‘‘, alien registration card, or other docu-
ment designated by regulation by the Attorney
General, if the document’’ and redesignating
such clause as clause (ii); and
251
(2) by amending subparagraph (C) of para-
graph (1) to read as follows:
‘‘(C) SOCIAL SECURITY ACCOUNT NUMBER
CARD AS EVIDENCE OF EMPLOYMENT AUTHOR-
IZATION.—A document described in this sub-
paragraph is an individual’s social security ac-
count number card (other than such a card
which specifies on the face that the issuance of
the card does not authorize employment in the
United States).’’.
(b) REDUCTION OF PAPERWORK FOR CERTAIN EM-
PLOYEES.—Section 274A(a) (8 U.S.C. 1324a(a)) is
amended by adding at the end the following new para-
graph:
‘‘(6) TREATMENT
OF
DOCUMENTATION
FOR
CERTAIN EMPLOYEES.—
‘‘(A) IN GENERAL.—For purposes of para-
graphs (1)(B) and (3), if—
‘‘(i) an individual is a member of a
collective-bargaining unit and is employed,
under a collective bargaining agreement
entered into between one or more employee
organizations and an association of two or
more employers, by an employer that is a
member of such association, and
252
‘‘(ii) within the period specified in
subparagraph (B), another employer that
is a member of the association (or an
agent of such association on behalf of the
employer) has complied with the require-
ments of subsection (b) with respect to the
employment of the individual,
the subsequent employer shall be deemed to
have complied with the requirements of sub-
section (b) with respect to the hiring of the em-
ployee and shall not be liable for civil penalties
described in subsection (e)(5).
‘‘(B) PERIOD.—The period described in
this subparagraph is—
‘‘(i) up to 5 years in the case of an in-
dividual who has presented documentation
identifying the individual as a national of
the United States or as an alien lawfully
admitted for permanent residence; or
‘‘(ii) up to 3 years (or, if less, the pe-
riod of time that the individual is author-
ized to be employed in the United States)
in the case of another individual.
‘‘(C) LIABILITY.—
253
‘‘(i) IN
GENERAL.—If any employer
that is a member of an association hires
for employment in the United States an in-
dividual and relies upon the provisions of
subparagraph (A) to comply with the re-
quirements of subsection (b) and the indi-
vidual is an unauthorized alien, then for
the purposes of paragraph (1)(A), subject
to clause (ii), the employer shall be pre-
sumed to have known at the time of hiring
or afterward that the individual was an un-
authorized alien.
‘‘(ii) REBUTTAL OF PRESUMPTION.—
The presumption established by clause (i)
may be rebutted by the employer only
through the presentation of clear and con-
vincing evidence that the employer did not
know (and could not reasonably have
known) that the individual at the time of
hiring or afterward was an unauthorized
alien.’’.
(c) ELIMINATION OF DATED PROVISIONS.—Section
274A (8 U.S.C. 1324a) is amended by striking subsections
(i) through (n).
254
(d) CLARIFICATION OF APPLICATION TO FEDERAL
GOVERNMENT.—Section 274A(a) (8 U.S.C. 1324a(a)) is
amended by adding at the end the following new para-
graph:
‘‘(5) APPLICATION
TO
FEDERAL
GOVERN-
MENT.—For purposes of this section, the term ‘en-
tity’ includes an entity in any Branch of the Federal
Government.’’.
(e) EFFECTIVE DATES.—
(1) Except as provided in this subsection, the
amendments made by this section shall apply with
respect to hiring (or recruiting or referring) occur-
ring on or after such date (not later than 180 days
after the date of the enactment of this Act) as the
Attorney General shall designate.
(2) The amendments made by subsections
(a)(1) and (a)(2) shall apply with respect to the hir-
ing (or recruiting or referring) occurring on or after
such date (not later than 18 months after the date
of the enactment of this Act) as the Attorney Gen-
eral shall designate.
(3) The amendment made by subsection (b)
shall apply to individuals hired on or after 60 days
after the date of the enactment of this Act.
255
(4) The amendment made by subsection (c)
shall take effect on the date of the enactment of this
Act.
(5) The amendment made by subsection (d) ap-
plies to hiring occurring before, on, or after the date
of the enactment of this Act, but no penalty shall be
imposed under section 274A(e) of the Immigration
and Nationality Act for such hiring occurring before
such date.
(f) IMPLEMENTATION OF ELECTRONIC STORAGE OF
I–9 FORMS.—Not later than 180 days after the date of
the enactment of this Act, the Attorney General shall issue
regulations which shall provide for the electronic storage
of forms used in satisfaction of the requirements of section
274A(b)(3) of the Immigration and Nationality Act.
SEC. 404. STRENGTHENED ENFORCEMENT OF THE EM-
PLOYER SANCTIONS PROVISIONS.
(a) IN GENERAL.—The number of full-time equiva-
lent positions in the Investigations Division within the Im-
migration and Naturalization Service of the Department
of Justice beginning in fiscal year 1997 shall be increased
by 500 positions above the number of full-time equivalent
positions available to such Division as of September 30,
1995.
256
(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.
(c) PRIORITY FOR WORKSITE ENFORCEMENT.—
(1) IN GENERAL.—In addition to its efforts on
border control and easing the worker verification
process, the Attorney General shall make worksite
enforcement of employer sanctions a top priority of
the Immigration and Naturalization Service.
(2) REPORT.—Not later than 1 year after the
date of the enactment of this Act, the Attorney Gen-
eral shall submit to Congress a report on any addi-
tional authority or resources needed—
(A) by the Immigration and Naturalization
Service in order to enforce section 274A of the
Immigration and Nationality Act, or
(B) by Federal agencies in order to carry
out the Executive Order of February 13, 1996
(entitled ‘‘Economy and Efficiency in Govern-
ment Procurement Through Compliance with
Certain Immigration and Naturalization Act
Provisions’’) and to expand the restrictions in
such Order to cover agricultural subsidies,
257
grants, job training programs, and other Feder-
ally subsidized assistance programs.
SEC. 405. REPORTS ON EARNINGS OF ALIENS NOT AUTHOR-
IZED TO WORK.
Subsection (c) of section 290 (8 U.S.C. 1360) is
amended to read as follows:
‘‘(c)(1) Not later than 3 months after the end of each
fiscal year (beginning with fiscal year 1996), the Commis-
sioner of Social Security shall report to the Committees
on the Judiciary of the House of Representatives and the
Senate on the aggregate number of social security account
numbers issued to aliens not authorized to be employed
to which earnings were reported to the Social Security Ad-
ministration in such fiscal year.
‘‘(2) If earnings are reported on or after January 1,
1997, to the Social Security Administration on a social
security account number issued to an alien not authorized
to work in the United States, the Commissioner of Social
Security shall provide the Attorney General with informa-
tion regarding the name and address of the alien, the
name and address of the person reporting the earnings,
and the amount of the earnings. The information shall be
provided in an electronic form agreed upon by the Com-
missioner and the Attorney General.’’.
258
SEC. 406. AUTHORIZING MAINTENANCE OF CERTAIN IN-
FORMATION ON ALIENS.
Section 264 (8 U.S.C. 1304) is amended by adding
at the end the following new subsection:
‘‘(f) Notwithstanding any other provision of law, the
Attorney General is authorized to require any alien to pro-
vide the alien’s social security account number for pur-
poses of inclusion in any record of the alien maintained
by the Attorney General or the Service.’’.
SEC. 407. UNFAIR IMMIGRATION-RELATED EMPLOYMENT
PRACTICES.
(a) REQUIRING CERTAIN REMEDIES IN UNFAIR IM-
MIGRATION-RELATED
DISCRIMINATION
ORDERS.—Sec-
tion 274B(g)(2) (8 U.S.C. 1324b(g)(2)) is amended—
(1) in subparagraph (A), by adding at the end
the following: ‘‘Such order also shall require the per-
son or entity to comply with the requirements of
clauses (ii) and (vi) of subparagraph (B).’’;
(2) in subparagraph (B), by striking ‘‘Such an
order’’ and inserting ‘‘Subject to the second sentence
of subparagraph (A), such an order’’; and
(3) in subparagraph (B)(vi), by inserting before
the semicolon at the end the following: ‘‘and to cer-
tify the fact of such education’’.
259
(b) TREATMENT OF CERTAIN DOCUMENTARY PRAC-
TICE AS EMPLOYMENT PRACTICES.—Section 274B(a)(6)
(8 U.S.C. 1324b(a)(6)) is amended—
(1) by striking ‘‘For’’ and inserting ‘‘(A) Sub-
ject to subparagraph (B), for’’, and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) A person or other entity—
‘‘(i) may request a document proving a re-
newal of employment authorization when an in-
dividual has previously submitted a time-limited
document to satisfy the requirements of section
274A(b)(1); or
‘‘(ii) if possessing reason to believe that an
individual presenting a document which reason-
ably appears on its face to be genuine is none-
theless an unauthorized alien, may (I) inform
the individual of the question about the docu-
ment’s validity, and of such person or other en-
tity’s intention to verify the validity of such
document, and (II) upon receiving confirmation
that the individual is unauthorized to work,
may dismiss the individual.
260
Nothing in this provision prohibits an individual
from offering alternative documents that satisfy the
requirements of section 274A(b)(1).’’.
(c) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to orders issued on or after the
first day of the first month beginning at least 90 days
after the date of the enactment of this Act.
TITLE V—REFORM OF LEGAL
IMMIGRATION SYSTEM
Subtitle A—Refugees
SEC. 501. PERSECUTION FOR RESISTANCE TO COERCIVE
POPULATION CONTROL METHODS.
(a) DEFINITION OF REFUGEE.—Section 101(a)(42)
(8 U.S.C. 1101(a)(42)) is amended by adding at the end
the following: ‘‘For purposes of determinations under this
Act, a person who has been forced to abort a pregnancy
or to undergo involuntary sterilization, or who has been
persecuted for failure or refusal to undergo such a proce-
dure or for other resistance to a coercive population con-
trol program, shall be deemed to have been persecuted on
account of political opinion, and a person who has a well
founded fear that he or she will be forced to undergo such
a procedure or subject to persecution for such failure, re-
fusal, or resistance shall be deemed to have a well founded
fear of persecution on account of political opinion.’’.
261
(b) NUMERICAL LIMITATION.—Section 207(a) (8
U.S.C. 1157(a)), as amended by section 512(b), is amend-
ed by adding at the end the following new paragraph:
‘‘(4) For any fiscal year, not more than a total of
1,000 refugees may be admitted under this subsection or
granted asylum under section 208 pursuant to a deter-
mination under the last sentence of section 101(a)(42) (re-
lating to persecution for resistance to coercive population
control methods).’’.
Subtitle B—Asylum Reform
SEC. 511. ASYLUM REFORM.
(a) ASYLUM REFORM.—Section 208 (8 U.S.C. 1158)
is amended to read as follows:
‘‘ASYLUM
‘‘SEC. 208. (a) AUTHORITY TO APPLY FOR ASY-
LUM.—
‘‘(1) IN GENERAL.—Any alien who is physically
present in the United States or who arrives in the
United States (whether or not at a designated port
of arrival), irrespective of such alien’s status, may
apply for asylum in accordance with this section.
‘‘(2) EXCEPTIONS.—
‘‘(A) SAFE THIRD COUNTRY.—Paragraph
(1) shall not apply to an alien if the Attorney
General determines that the alien may be re-
moved, including pursuant to a bilateral or mul-
262
tilateral agreement, to a country (other than
the country of the alien’s nationality or, in the
case of an alien having no nationality, the coun-
try of the alien’s last habitual residence) in
which the alien’s life or freedom would not be
threatened on account of race, religion, nation-
ality, membership in a particular social group,
or political opinion, and where the alien would
have access to a full and fair procedure for de-
termining a claim to asylum or equivalent tem-
porary protection, unless the Attorney General
finds that it is in the public interest for the
alien to receive asylum in the United States.
‘‘(B) TIME
LIMIT.—Paragraph (1) shall
not apply to an alien unless the alien dem-
onstrates by clear and convincing evidence that
the application has been filed within 180 days
after the alien’s arrival in the United States.
‘‘(C) PREVIOUS ASYLUM APPLICATIONS.—
Paragraph (1) shall not apply to an alien if the
alien has previously applied for asylum and had
such application denied.
‘‘(D) CHANGED CONDITIONS.—An applica-
tion for asylum of an alien may be considered,
notwithstanding subparagraphs (B) and (C), if
263
the alien demonstrates to the satisfaction of the
Attorney General the existence of fundamen-
tally changed circumstances which affect the
applicant’s eligibility for asylum.
‘‘(3) LIMITATION
ON
JUDICIAL
REVIEW.—No
court shall have jurisdiction to review a determina-
tion of the Attorney General under paragraph (2).
‘‘(b) CONDITIONS FOR GRANTING ASYLUM.—
‘‘(1) IN GENERAL.—The Attorney General may
grant asylum to an alien who has applied for asylum
in accordance with the requirements and procedures
established by the Attorney General under this sec-
tion if the Attorney General determines that such
alien is a refugee within the meaning of section
101(a)(42)(A).
‘‘(2) EXCEPTIONS.—
‘‘(A) IN
GENERAL.—Paragraph (1) shall
not apply to an alien if the Attorney General
determines that—
‘‘(i) the alien ordered, incited, as-
sisted, or otherwise participated in the per-
secution of any person on account of race,
religion, nationality, membership in a par-
ticular social group, or political opinion;
264
‘‘(ii) the alien, having been convicted
by a final judgment of a particularly seri-
ous crime, constitutes a danger to the com-
munity of the United States;
‘‘(iii) there are serious reasons for be-
lieving that the alien has committed a seri-
ous nonpolitical crime outside the United
States prior to the arrival of the alien in
the United States;
‘‘(iv) there are reasonable grounds for
regarding the alien as a danger to the se-
curity of the United States;
‘‘(v) the alien is inadmissible under
subclause (I), (II), (III), or (IV) of section
212(a)(3)(B)(i) or removable under section
237(a)(4)(B) (relating to terrorist activ-
ity), unless, in the case only of an alien in-
admissible under subclause (IV) of section
212(a)(3)(B)(i), the Attorney General de-
termines, in the Attorney General’s discre-
tion, that there are not reasonable grounds
for regarding the alien as a danger to the
security of the United States; or
265
‘‘(vi) the alien was firmly resettled in
another country prior to arriving in the
United States.
‘‘(B) SPECIAL RULES.—
‘‘(i) CONVICTION
OF
AGGRAVATED
FELONY.—For purposes of clause (ii) of
subparagraph (A), an alien who has been
convicted of an aggravated felony shall be
considered to have been convicted of a par-
ticularly serious crime.
‘‘(ii) OFFENSES.—The Attorney Gen-
eral may designate by regulation offenses
that will be considered to be a crime de-
scribed in clause (ii) or (iii) of subpara-
graph (A).
‘‘(C) ADDITIONAL LIMITATIONS.—The At-
torney General may by regulation establish ad-
ditional limitations and conditions under which
an alien shall be ineligible for asylum under
paragraph (1).
‘‘(D) NO JUDICIAL REVIEW.—There shall
be no judicial review of a determination of the
Attorney General under subparagraph (A)(v).
‘‘(3) TREATMENT
OF
SPOUSE
AND
CHIL-
DREN.—A spouse or child (as defined in section
266
101(b)(1)(A), (B), (C), (D), or (E)) of an alien who
is granted asylum under this subsection may, if not
otherwise eligible for asylum under this section, be
granted the same status as the alien if accompany-
ing, or following to join, such alien.
‘‘(c) ASYLUM STATUS.—
‘‘(1) IN
GENERAL.—In the case of an alien
granted asylum under subsection (b), the Attorney
General—
‘‘(A) shall not remove or return the alien
to the alien’s country of nationality or, in the
case of a person having no nationality, the
country of the alien’s last habitual residence;
‘‘(B) shall authorize the alien to engage in
employment in the United States and provide
the alien with appropriate endorsement of that
authorization; and
‘‘(C) may allow the alien to travel abroad
with the prior consent of the Attorney General.
‘‘(2) 
TERMINATION
OF
ASYLUM.—Asylum
granted under subsection (b) does not convey a right
to remain permanently in the United States, and
may be terminated if the Attorney General deter-
mines that—
267
‘‘(A) the alien no longer meets the condi-
tions described in subsection (b)(1) owing to a
fundamental change in circumstances;
‘‘(B) the alien meets a condition described
in subsection (b)(2);
‘‘(C) the alien may be removed, including
pursuant to a bilateral or multilateral agree-
ment, to a country (other than the country of
the alien’s nationality or, in the case of an alien
having no nationality, the country of the alien’s
last habitual residence) in which the alien can-
not establish that it is more likely than not that
the alien’s life or freedom would be threatened
on account of race, religion, nationality, mem-
bership in a particular social group, or political
opinion, and where the alien is eligible to re-
ceive asylum or equivalent temporary protec-
tion;
‘‘(D) the alien has voluntarily availed him-
self or herself of the protection of the alien’s
country of nationality or, in the case of an alien
having no nationality, the alien’s country of last
habitual residence, by returning to such country
with permanent resident status or the reason-
able possibility of obtaining such status with
268
the same rights and obligations pertaining to
other permanent residents of that country; or
‘‘(E) the alien has acquired a new nation-
ality and enjoys the protection of the country of
his new nationality.
‘‘(3) REMOVAL
WHEN
ASYLUM
IS
TERMI-
NATED.—An alien described in paragraph (2) is sub-
ject to any applicable grounds of inadmissibility or
deportability under section 212(a) and 237(a), and
the alien’s removal or return shall be directed by the
Attorney General in accordance with sections 240
and 241.
‘‘(4) LIMITATION
ON
JUDICIAL
REVIEW.—No
court shall have jurisdiction to review a determina-
tion of the Attorney General under paragraph (2).
‘‘(d) ASYLUM PROCEDURE.—
‘‘(1) APPLICATIONS.—The Attorney General
shall establish a procedure for the consideration of
asylum applications filed under subsection (a). An
application for asylum shall not be considered unless
the alien submits fingerprints and a photograph in
a manner to be determined by regulation by the At-
torney General.
‘‘(2) EMPLOYMENT.—An applicant for asylum
is not entitled to employment authorization, but
276
Subtitle A—Eligibility of Illegal
Aliens for Public Benefits
PART 1—PUBLIC BENEFITS GENERALLY
SEC. 601. MAKING ILLEGAL ALIENS INELIGIBLE FOR PUB-
LIC 
ASSISTANCE, 
CONTRACTS, 
AND 
LI-
CENSES.
(a) FEDERAL
PROGRAMS.—Notwithstanding any
other provision of law, except as provided in section 603,
any alien who is not lawfully present in the United States
shall not be eligible for any of the following:
(1) FEDERAL ASSISTANCE PROGRAMS.—To re-
ceive any benefits under any program of assistance
provided or funded, in whole or in part, by the Fed-
eral Government for which eligibility (or the amount
of assistance) is based on financial need.
(2) FEDERAL
CONTRACTS
OR
LICENSES.—To
receive any grant, to enter into any contract or loan
agreement, or to be issued (or have renewed) any
professional or commercial license, if the grant, con-
tract, loan, or license is provided or funded by any
Federal agency.
(b) STATE PROGRAMS.—Notwithstanding any other
provision of law, except as provided in section 603, any
alien who is not lawfully present in the United States shall
not be eligible for any of the following: