gee status or in the admission of refugees because of the
person’s race, sex, religion, or nationality.’’; and
(3) Notwithstanding the limitation under sec-
tion 207(a) of the Immigration and Nationality Act,
such limitation shall not apply to refugee admissions
under Public Law 89–732.
SEC. 103. ASYLUM REFORM.
(a) Section 208 of the Immigration and Nationality
Act (8 U.S.C. 1158) is amended by—
(1) striking ‘‘irrespective of such alien’s sta-
tus,’’ from subsection (a) and inserting ‘‘who is not
excludable or deportable’’;
(2) striking ‘‘is a refugee within the meaning of
section 101(a)(42)(A)’’ and inserting ‘‘departed the
country of his nationality or the country in which he
last habitually resided and is unable or unwilling to
return because it is more likely than not that his life
or freedom will be threatened in that country based
upon his race, religion, nationality, or political opin-
ion’’; and
(3) adding after subsection (d) the following:
‘‘(e) No person shall receive any preference or prior-
ity or be discriminated against in the granting or termi-
nation of asylum because of the person’s race, sex, reli-
gion, or nationality.
‘‘(f)(1) Subject to paragraph (2), an alien’s applica-
tion for asylum shall not be considered under this section
unless—
‘‘(A) the alien has filed, not later than 30 days
after being admitted or coming to the United States,
notice of intention to file such an application, and
‘‘(B) such application is actually filed not later
than 60 days after being admitted or coming to the
United States.
‘‘(2) An application for asylum may be considered,
notwithstanding that the requirements of paragraph (1)
have not been met, only if the alien demonstrates by clear
and convincing evidence changed circumstances in the
alien’s country of nationality (or in the case of an alien
with no nationality, in the country where the alien has
habitually resided) affecting eligibility for asylum.’’.
(b) Section 243(h) of the Immigration and National-
ity Act (8 U.S.C. 1253(h)) is amended by adding at the
end the following new paragraph:
‘‘(3) Paragraph (1) shall not apply to any pro-
ceeding that did not commence with the alien’s vol-
untary presentment of himself for inspection, exclu-
sion, or deportation unless the threat to such alien’s
life or freedom arose subsequent to the commence-
ment of such proceeding.’’.
SEC. 104. REPEAL OF TEMPORARY PROTECTED STATUS.
(a) Section 244A of the Immigration and Nationality
Act (8 U.S.C. 1254a) is repealed.
(b) An alien in the United States under temporary
protected status on the date of enactment of this Act may
continue such status until the earlier of—
(1) the date on which such status is withdrawn
or terminated by the Attorney General, or
(2) the date which is 180 days after the date
of the enactment of this Act.
(c) Section 244 of the Immigration and Nationality
Act (8 U.S.C. 1254) is amended by adding at the end the
following new subsection:
‘‘(g) Except as specifically provided in this Act, the
Attorney General may not authorize any alien who is ex-
cludable or deportable to remain in the United States or
to engage in employment in the United States.’’.
SEC. 105. PAROLE AUTHORITY.
Section 212(d)(5) of the Immigration and Nationality
Act (8 U.S.C. 1182) is amended by adding at the end the
following:
‘‘(C) The Attorney General may not parole
groups or classes of aliens into the United
States. No alien shall be paroled into the
United States except on the basis of the alien’s
individual circumstances.
‘‘(D) An alien who is paroled into the
United States may not be authorized to work in
the United States during the period of the
alien’s parole.
‘‘(E) The Attorney General shall maintain
a record of parolees. The number of aliens pa-
roled into the United States by the Attorney
General, excluding those released temporarily
from custody while active proceedings are pend-
ing against them under this Act, shall not at
any time exceed 5,000.’’.
TITLE II—BORDER CONTROL
SEC. 201. BORDER PATROL PERSONNEL.
(a) The number of full-time officer positions in the
border patrol of the Immigration and Naturalization Serv-
ice shall be increased to 5,900 in fiscal year 1997, 6,900
in fiscal year 1998, 7,900 in fiscal year 1999, 8,900 in
fiscal year 2000, and 9,900 in fiscal year 2001.
(b) There is authorized to be appropriated for each
of the fiscal years 1997, 1998, 1999, 2000, and 2001 such
amounts as may be necessary to provide for the increase
in positions provided by subsection (a) and for such sup-
port personnel as are necessary.
SEC. 202. BORDER CROSSING FEES.
Section 286 of the Immigration and Nationality Act
(8 U.S.C. 1356) is amended by adding at the end the fol-
lowing new subsection:
‘‘(s) LAND BORDER AND PORT OF ENTRY USER FEE
ACCOUNT.—
‘‘(1) The Attorney General, after consultation
with the Secretary of State, shall impose at the time
of a person’s entry into the United States by land
or by sea a fee of $1 for the person’s use of border
or port facilities and services of the Immigration and
Naturalization Service.
‘‘(2) The Attorney General may—
‘‘(A) adjust the border crossing user fee
periodically to compensate for inflation and
other escalation in the cost of carrying out the
purposes of this Act; and
‘‘(B) develop and implement special dis-
counted fee programs for frequent border cross-
ers including, but not limited to, commuter cou-
pon books or passes.
‘‘(3) The fees collected under paragraph (1)
shall be deposited as offsetting receipts into a sepa-
rate account entitled the ‘Border Crossing Fee Ac-
count’ in the Treasury of the United States. In each
calendar quarter the Secretary of the Treasury shall
refund out of the Border Crossing Fee Account to
any appropriation the amount paid out of such ap-
propriation during the preceding calendar quarter
for expenses incurred by the Attorney General on
(1) measures, personnel, structures, and devices to
deter and prevent illegal entry of persons and con-
traband into the United States by land or by sea,
and to return excludable aliens and (2) construction,
maintenance, and operation of facilities to expedite
lawful border traffic.’’.
TITLE III—INTERIOR
ENFORCEMENT
SEC. 301. INVESTIGATIVE PERSONNEL.
(a) The number of full-time investigator positions in
the Immigration and Naturalization Service shall be in-
creased above the number of such positions authorized as
of October 31, 1996 by 500 in fiscal year 1997, by 1,000
in fiscal year 1998, by 1,500 in fiscal year 1999, by 2,000
in fiscal year 2000, and by 2,500 in fiscal year 2001.
(b) There is authorized to be appropriated for each
of the fiscal years 1997, 1998, 1999, 2000, and 2001 such
amounts as may be necessary to provide for the increase
in positions provided by subsection (a) and for such sup-
port personnel as are necessary.
SEC. 302. COMMON-LAW SEARCHES RESTORED.
Section 287 of the Immigration and Nationality Act
is amended by striking subsection (e) and redesignating
subsection (f) as subsection (e).
SEC. 303. DETENTION FACILITIES.
Not later than January 1, 1996, the Secretary of De-
fense shall provide to the Attorney General a list of all
military bases and installations within the United States
which contain facilities that are (1) suitable for the deten-
tion of aliens by the Attorney General and (2) are closed,
are scheduled to be closed, or otherwise are not being uti-
lized for defense-related purposes and shall notify the At-
torney General of any subsequent deletions from or addi-
tions to such list. Upon the request of the Attorney Gen-
eral, the Secretary of Defense shall make available to the
Attorney General such facilities as the Attorney General
shall identify from the list as needed for the detention of
aliens and shall render to the Attorney General such as-
sistance as the Attorney General may require to take pos-
session of and operate such facilities.
SEC. 304. JURISDICTION OVER IMMIGRATION CASES.
Section 1295(a) of title 28, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(13);
(2) by striking the period at the end of para-
graph (14) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (14) the fol-
lowing:
‘‘(15) of an appeal from a final decision of a
district court of the United States of any case aris-
ing under the Immigration and Nationality Act.’’.
SEC. 305. ALIENS IN DEPORTATION.
(a) PENALTY FOR UNLAWFUL PRESENCE.—The Im-
migration and Nationality Act is amended by adding after
section 276 the following new section:
‘‘SEC. 276A. An alien whose presence in the United
States is in violation of any provision of this Act when
proceedings to deport the alien commence shall be subject
to a civil penalty when a final order of deportation is made
against the alien. The amount of the penalty shall be the
greater of (1) the actual cost of deporting the alien, or
(2) the estimate by the Commissioner of the average cost
of deporting an alien that was last published in the Fed-
eral Register prior to the making of the final order of de-
portation. During each fiscal year the Commissioner shall
cause to be published in the Federal Register an estimate
of the average cost of deporting an alien during the pre-
ceding fiscal year. For purposes of this section, the cost
of deporting an alien includes all direct and indirect costs
of detection, apprehension, detention, processing, and
transportation.’’.
(b) SEIZURE OF CERTAIN PROPERTY.—The Immi-
gration and Nationality Act is amended by adding after
section 242B:
‘‘SEC. 242C. (a) If the Attorney General determines
that an alien, found to be deportable, has at any time en-
gaged in unauthorized employment or in any commercial
enterprise during any period of unlawful presence in the
United States or has received any Federal financial benefit
to which such alien was not entitled, then all property real
or personal, of the alien in the United States, wherever
situated, shall be seized and subject to forfeiture, except
that, in cases where such seizure and forfeiture would re-
sult in severe financial hardship of the alien or of any
United States citizen or permanent resident alien that is
the spouse, minor child, or parent of the alien, the Attor-
ney General, the sole discretion of the Attorney General,
may exempt from seizure and forfeiture an amount of
property not exceeding $10,000.
‘‘(b) Any property subject to seizure under this sec-
tion may be seized without warrant if circumstances exist
where a warrant is not constitutionally required.
‘‘(c) All provisions of law relating to the seizure, sum-
mary and judicial forfeiture, and condemnation of prop-
erty for the violation of the customs laws; the disposition
of such property or the proceeds from the sale thereof;
the remission or mitigation of such forfeitures; and the
compromise of claims and the award of compensation to
informers in respect of such forfeitures shall apply to sei-
zures and forfeitures incurred, or alleged to have been in-
curred, under the provisions of this section, insofar as ap-
plicable and not inconsistent with the provisions hereof,
except that duties imposed on customs officers or other
persons regarding the seizure and forfeiture of property
under the customs laws shall be performed with respect
to seizures and forfeitures carried out under the provisions
of this section by such officers or persons authorized for
that purpose by the Attorney General.
‘‘(d) Whenever property is forfeited under this sec-
tion, the Attorney General may—
‘‘(1) retain the property for official use;
‘‘(2) sell the property, in which case the pro-
ceeds from any such sale shall be used to pay all
proper expenses of the proceedings for forfeiture and
sale including expenses of seizure, maintenance of
custody, advertising, and courts costs; and
‘‘(3) deposit any moneys or proceeds from the
sale of seized property not used to pay expenses in
accordance with paragraph (2) to the Penalties and
Confiscation Account.
‘‘(e) In all suits or actions brought for the forfeiture
of any property of an alien seized under this section, where
an interest in such property is claimed by any person other
than such alien, the burden of proof shall lie upon such
claimant, except that probable cause shall be first shown
for the institution of such suit or action.’’.
SEC. 306. IMMIGRATION PENALTIES AND CONFISCATIONS.
Section 286 of the Immigration and Nationality Act
(8 U.S.C. 1356) is amended—
(1) in subsection (b)(1) by striking subpara-
graph ‘‘(A)’’ and in subparagraph (B) by striking
subparagraph ‘‘(B)’’.
(2) by amending subsection (r) to read as fol-
lows:
‘‘(r) PENALTIES AND CONFISCATIONS ACCOUNT.—
‘‘(1) Notwithstanding any other provision of
law, all breached cash and surety bonds that are
posted under this chapter and are recovered, all civil
fines or penalties collected pursuant to this Act, and
all money confiscated, and all proceeds from the sale
of property confiscated, pursuant to this Act, shall
be deposited as offsetting receipts into a separate ac-
count entitled ‘Penalties and Confiscations Account’
in the Treasury of the United States.
‘‘(2) Each calendar quarter the Secretary of the
Treasury shall refund out of the Penalties and
Confiscations Account to any appropriation the
amount paid out of such appropriation during the
preceding calendar quarter for expenses incurred by
the Attorney General in the detection, apprehension,
detention, and deportation of aliens who are unlaw-
fully present in the United States.’’.
SEC. 307. COMMUNICATIONS.
Notwithstanding any other provision of law, no agen-
cy, officer, or employee of the United States shall be pro-
hibited or in any way restricted from communicating with
the Immigration and Naturalization Service regarding the
immigration status of an alien.
SEC. 308. VOLUNTARY DEPARTURE.
Section 244 of the Immigration and Nationality Act
(8 U.S.C. 1254) is amended—
(1) in subsection (e) by adding at the end the
following:
‘‘(3) When granting permission to depart volun-
tarily under the authority contained in paragraph
(1), the Attorney General shall inform the alien of
the date and year, not more than 6 months from the
date on which such permission is communicated, by
which such departure must be accomplished. No
postponement of the initially prescribed departure
date may be granted’’;
(2) in subsection (f) striking ‘‘; or’’ at the end
of paragraph (2) and inserting a semicolon
(3) in paragraph (3) by striking the period at
the end and inserting ‘‘; or’’; and
(4) by adding after paragraph (3) the following:
‘‘(4) was permitted by the Attorney General to
depart voluntarily under subsection (e)(1) and did
not depart by the date prescribed in accordance with
subsection (e)(3).’’.
TITLE IV—DOCUMENT REFORM
SEC. 401. SECURE WORK ELIGIBILITY DOCUMENTS.
(a) EXAMINATION OF DOCUMENTS.—Effective Janu-
ary 1, 1997, section 274A of the Immigration and Nation-
ality Act (8 U.S.C. 1324a) is amended by striking sub-
paragraphs (A) through (D) of subsection (b)(1) and in-
serting the following:
‘‘(A) IN GENERAL.—The person or entity
must attest, under penalty of perjury and on a
form designated or established by the Attorney
General by regulation, that it has verified that
the individual is not an unauthorized alien by—
‘‘(i) examining the document de-
scribed in subparagraph (B) in the case of
an individual claiming to be a United
States citizen or United States national;
‘‘(ii) examining the document de-
scribed in subparagraph (C) in the case of
an individual not claiming to be a United
States citizen or a United States national;
and
‘‘(iii) reporting the individual’s Social
Security account number to the Social Se-
curity Administration through the elec-
tronic verification system established pur-
suant to section 402 of the Immigration
Reduction Act of 1995.
‘‘(B) DOCUMENTS OF CITIZENS AND NA-
TIONALS.—The document described in this
paragraph is an individual’s Social Security ac-
count number card issued pursuant to section
401(c) of the Immigration Reduction Act of
1995.
‘‘(C) DOCUMENTS OF ALIENS.—The docu-
ment described in this paragraph is an alien’s
identification card issued by the Immigration
and Naturalization Service pursuant to section
401(b) of the Immigration Reduction Act of
1995.’’.
(b) IMPROVEMENT OF ALIEN IDENTITY CARDS.—
(1) PERMANENT RESIDENT ALIENS.—The At-
torney General shall cause to be issued to every alien
acquiring lawful permanent residence in the United
States after June 30, 1996, and, upon application,
to any alien who acquired lawful permanent resi-
dence before July 1, 1996, an alien identification
card that shall—
(A) be uniform in appearance,
(B) be as tamper-proof and counterfeit-re-
sistant as practicable,
(C) contain a photograph and fingerprint,
(D) display the name, sex, date of birth,
place of birth, and such other identifying infor-
mation as the Attorney General shall determine,
and
(E) incorporate a machine-readable encod-
ing of the information displayed on the card
and such other information as may serve to pre-
vent counterfeiting or other misuse of the card.
(2) OTHER
ALIENS.—The Attorney General
shall cause to be issued to every alien who becomes
authorized to work in the United States after June
30, 1996, other than by reason of lawful admission
for permanent residence, and shall cause to be is-
sued, upon application, to any other alien who is au-
thorized to work in the United States other than by
reason of lawful admission for permanent residence
an alien identification card that shall—
(A) be uniform in appearance,
(B) be as tamper-proof and counterfeit-re-
sistant as practicable,
(C) contain a photograph and fingerprint,
(D) display the alien’s name, sex, date of
birth, place of birth, and such other identifying
information as the Attorney General shall de-
termine,
(E) show an expiration date that shall be
determined in accordance with regulations is-
sued by the Attorney General, but shall not in
any case be later than 3 calendar years after
the date of issuance, and
(F) incorporate a machine-readable encod-
ing of the information displayed on the card
and such other information as may serve to pre-
vent counterfeiting or other misuse of the card.
(c) IMPROVEMENT OF SOCIAL SECURITY CARDS.—
(1) ISSUANCE OF ENHANCED CARD FOR CITI-
ZENS.—The Secretary shall cause to be issued en-
hanced Social Security account number cards to
United States citizens and United States nationals
who are 16 years of age or older upon application,
proof of identity, proof of citizenship or nationality,
and payment of a reasonable fee.
(2) ISSUANCE
OF
ENHANCED
CARD
FOR
ALIENS.—The Secretary shall cause to be issued en-
hanced Social Security account number cards to
aliens lawfully admitted for permanent residence or
who are otherwise authorized to work in the United
States and who are 16 years of age or older upon
application, proof of identity, verification of status
by the Immigration and Naturalization Service, and
payment of a reasonable fee.
(3) REQUIREMENTS OF NEW CARDS.—
(A) The cards issued pursuant to para-
graphs (1) and (2) shall—
(i) be uniform in appearance,
(ii) be as tamper-proof and counter-
feit-resistant as is practicable,
(iii) contain a photograph and such
other identifying information that is spe-
cific to each person as the Secretary shall
determine,
(iv) contain the name, sex, date of
birth, citizenship status, and Social Secu-
rity account number of the issuee, and
(v) incorporate a machine-readable en-
coding of the information contained in the
card.
(B) The cards issued pursuant to para-
graph (2) to aliens who are not permanent resi-
dent aliens shall indicate whether the work au-
thorization granted to the alien has an expira-
tion date.
(4) SECRETARY
DEFINED.—For purposes of
this subsection, the Secretary means the Secretary
of Health and Human Services.
(d) REASONABLE FEE.—The amount of the fee that
is to be charged under subsections (b) and (c) shall be
the amount, not exceeding $50, required to cover the costs
of issuing the card (rounded to the nearest whole dollar).
(e) NO OTHER CARDS.—No Social Security account
number card or alien identification card shall be issued
after June 30, 1996, whether as an original card or as
a replacement, that does not satisfy the requirements of
this section.
(f) DEFINITIONS.—For purposes of this section—
(1) ‘‘place of birth’’ means, for an individual—
(A) born in a State, the 2-letter symbol
used by the United States Postal Service to
identify that State, or
(B) not born in a State, such 2-letter sym-
bol as the Secretary shall determine by regula-
tions;
(2) ‘‘State’’ means one of the United States,
the District of Columbia, Puerto Rico, the United
States Virgin Islands, or Guam.
SEC. 402. ELECTRONIC VERIFICATION.
(a) SOCIAL SECURITY DATABASE.—By September
30, 1996, the Secretary of Health and Human Services
shall make such modifications to the Social Security ac-
count number data base (NUMIDENT) as are practicable
and as enable confirmation through the electronic verifica-
tion system described in subsection (d) that a Social Secu-
rity account number has been issued to an individual iden-
tified by last name, sex, year of birth, and place of birth
and that such individual is not known to the Secretary
of Health and Human Services to be an alien not author-
ized to work in the United States. At a minimum the data
base shall be modified to enable confirmation that a Social
Security account number is not assigned to an individual
authorized to work in the United States because the num-
ber—
(1) has not been issued,
(2) was issued to an individual known by the
Secretary of Health and Human Services as not au-
thorized to work,
(3) was issued to a person that is deceased and
has not been reissued, or
(4) was issued to an alien that any data base
of the Immigration and Naturalization Service shows
is not authorized to work in the United States.
The Attorney General shall provide such assistance as the
Secretary of Health and Human Services may require to
merge or otherwise make use of any data base of the Im-
migration and Naturalization Service for the purposes of
this section.
(b) EXCHANGE
OF INFORMATION.—The Attorney
General shall notify the Secretary of Health and Human
Services of the expiration of an alien’s authorization to
work in the United States not later than 14 calendar days
after the date of expiration. The Secretary of Health and
Human Services shall furnish the Attorney General with
a list of any aliens for whom confirmation of work eligi-
bility has been requested not later than 5 calendar days
after such request. Such list shall include the telephone
number from which the request was made and the em-
ployer identification number of the requester.
(c) ADULT APPLICANTS.—The Secretary of Health
and Human Services shall furnish to the Attorney General
a copy of any application (including supporting docu-
mentation) for a Social Security account number by an
alien or by an individual over 16 years of age who claims
to be a United States citizen or national and shall not
issue a number before the earlier of the following dates—
(1) the date on which the Attorney General con-
firms in writing that his records do not show that
the applicant is an alien not authorized to work in
the United States, or
(2) 60 days after a copy of the application and
supporting documentation has been delivered to the
Attorney General.
(d) ELECTRONIC VERIFICATION SYSTEM.—Before
January 1, 1997, the Secretary of Health and Human
Services shall test and place in operation a system whereby
an employer can report by touch-tone telephone or point-
of-service device his employer identification number and
the Social Security account number, last name, sex, year
of birth, and place of birth of any individual who is to
be employed and can receive immediate confirmation that
the number was issued to the individual having that iden-
tity and that such person is not identified within the Social
Security account number data base as an individual who
is not a United States citizen, a United States national,
or an alien authorized to work in the United States. The
charge for each call will be sufficient to cover the costs
of operating the system, except that it shall not exceed
$2.00 plus any line charges payable to the telephone car-
rier. The system shall provide for access to a live operator
if an entry is not accepted or confirmed, shall provide a
verification code to the caller, shall create and maintain
a record of each inquiry (including the telephone number
of the requester) and its verification code for not less than
2 years, and shall accommodate devices that read the en-
coding incorporated by a card issued under section 401(b)
or 401(c).
(e) ABUSE OF SYSTEM.—The use of the telephone
verification system established by subsection (d) by a per-
son other than—
(1) an employer acting pursuant to section
274A(b)(1) of the Immigration and Nationality Act,
or
(2) an officer or employee of an agency of the
United States or of any State acting in the perform-
ance of official duties, shall be punishable by a fine
of not more than $1,000 per occurrence.
SEC. 403. UNIFORM VITAL STATISTICS.
The Secretary of Health and Human Services shall
consult with the State agencies responsible for registration
and certification of births and deaths and, within 2 years
of the date of enactment of this Act, shall establish a na-
tional electronic network linking the vital statistics records
of such States. The network shall provide, where practical,
for the matching of deaths with births and shall enable
the confirmation of births and deaths of citizens of the
United States, or of aliens within the United States, by
any Federal or State agency or official in the performance
of official duties. The Secretary shall institute measures
to achieve uniform and accurate reporting of vital statis-
tics into the national network, to protect the integrity of
the registration and certification process, and to prevent
fraud against the Government and other persons through
the use of false birth or death certificates.
SEC. 404. EMPLOYMENT AUTHORIZATION.
Section 274A of the Immigration and Nationality Act
(8 U.S.C. 1324a) is amended—
(1) in subsection (h)(3), by striking ‘‘or by the
Attorney General’’; and
(2) by adding the following sentence at the end
of subsection (h)(3): ‘‘The Attorney General shall
not authorize any alien who has not lawfully immi-
grated to the United States to be employed in the
United States or to carry on any trade or business
within the United States unless (A) the alien has a
lawfully obtained visa for a nonimmigrant status
that explicitly contemplates such performance of
services or such carrying on of a trade or business
within the United States, or (B) such authorization
is explicitly permitted by this Act.’’.
TITLE V—STATE AND LOCAL
RESPONSIBILITIES
SEC. 501. LOCAL COOPERATION.
If the Attorney General certifies that any State or
local government or agency, or any elected or appointed
officer or employee thereof in the exercise of the individ-
ual’s official duties, has announced or practiced a policy
of refusing to cooperate with Federal immigration authori-
ties with respect to the identification, location, arrest,
prosecution, detention, or deportation of an alien or aliens
who are not lawfully present in the United States or a
policy of disregarding any Federal law or regulation relat-
ing to the denial of benefits to any class of aliens, then,
from the date that such certification is published in the
Federal Register until the date that the Attorney General
certifies that the policy has been retracted, that State or
local government or agency will not be eligible for any
Federal funds or assistance relating to law enforcement,
education, public health, transportation, or public works.
SEC. 502. NOTIFICATION OF ALIEN ARREST.
Whenever a law enforcement agency of any State or
subdivision thereof that receives Federal funds arrests an
alien for the commission of a crime, that agency shall
promptly provide notice of the alien’s identity and the cir-
cumstances of his arrest to the District Director of the
Immigration and Naturalization Service for the district in
which the alien is being held or, if the alien is not being
held, for the district in which the alien was arrested.
SEC. 503. IMMIGRATION-RELATED COMMUNICATIONS.
(a) FREEDOM OF COMMUNICATION.—Notwithstand-
ing any other provision of law, no State or local govern-
ment or agency or employee thereof shall be prohibited
or prevented in any way from communicating with the Im-
migration and Naturalization Service regarding the immi-
gration status of an alien.
(b) CONFIDENTIALITY OF COMMUNICATIONS.—
(1) Any officer or employee of the United
States, who by virtue of his employment or official
position receives or learns of a communication de-
scribed in subsection (a), is prohibited from disclos-
ing to any person who is not an employee or officer
of the United States information about an individual
that was included in such communication other than
pursuant to the administration and enforcement of
the (A) Immigration and Nationality Act and other
laws of the United States regulating the admission,
presence, and departure of aliens, and (B) any
criminal law of the United States or of the several
States.
(2) Any officer or employee of the United
States who knowingly makes a disclosure prohibited
by this subsection shall be guilty of a misdemeanor
and fined not more than $1,000 per disclosure.
SEC. 504. LAW ENFORCEMENT ASSISTANCE.
(a) Section 3041 of title 18, United States Code, is
amended by adding after the first comma in the first sen-
tence ‘‘including entry into, or presence within, the United
States in violation of any United States law regulating im-
migration,’’.
(b) Section 103 of the Immigration and Nationality
Act (8 U.S.C. 1103) is amended by adding at the end the
following new subsection:
‘‘(e)(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 who have violated or are reasonably suspected to
have violated the provisions of this Act and to conduct
investigations with respect to any such violations or sus-
pected violations, if—
‘‘(A) actions pursuant to such deputization are
subject to the direction and supervision of an officer
of the Department of Justice;
‘‘(B) the duration of any such deputization is
not more than 2 years, subject to extensions or re-
newals at the discretion of the Attorney General
which shall not exceed 2 years;
‘‘(C) 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
‘‘(D) 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 
VI—RESTRICTING 
WEL-
FARE AND PUBLIC BENEFITS
FOR ALIENS
SEC. 600. STATEMENTS OF NATIONAL POLICY CONCERNING
WELFARE AND IMMIGRATION.
The Congress makes the following statements con-
cerning national policy with respect to welfare and immi-
gration:
(1) Self-sufficiency has been a basic principle of
United States immigration law since this country’s
earliest immigration statutes.
(2) It continues to be the immigration policy of
the United States that—
(A) aliens within the nation’s borders not
depend on public resources to meet their needs,
but rather rely on their own capabilities and the
resources of their families, their sponsors, and
private organizations, and
(B) the availability of public benefits not
constitute an incentive for immigration to the
United States.
(3) Despite the principle of self-sufficiency,
aliens have been applying for and receiving public
benefits from Federal, State, and local governments
at increasing rates.
(4) Current eligibility rules for public assistance
and unenforceable financial support agreements have
proved wholly incapable of assuring that individual
aliens not burden the public benefits system.
(5) It is a compelling government interest to
enact new rules for eligibility and sponsorship agree-
ments in order to assure that aliens be self-reliant
in accordance with national immigration policy.
(6) It is a compelling government interest to re-
move the incentive for illegal immigration provided
by the availability of public benefits.
Subtitle A—Eligibility for Federal
Benefits Programs
SEC. 601. INELIGIBILITY OF ILLEGAL ALIENS FOR CERTAIN
PUBLIC BENEFITS PROGRAMS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsections (b) and
(c), any alien who is not lawfully present in the United
States shall not be eligible for any Federal means-tested
public benefits program (as defined in section 631(d)(2)).
(b) EXCEPTION
FOR EMERGENCY ASSISTANCE.—
Subsection (a) shall not apply to the provision of non-cash,
in-kind emergency assistance (including emergency medi-
cal services).
(c) TREATMENT
OF
HOUSING-RELATED
ASSIST-
ANCE.—Subsection (a) shall not apply to any program for
housing or community development assistance adminis-
tered by the Secretary of Housing and Urban Develop-
ment, any program under title V of the Housing Act of
1949, or any assistance under section 306C of the Consoli-
dated Farm and Rural Development Act, except that in
the case of financial assistance (as defined in section
214(b) of the Housing and Community Development Act
of 1980), the provisions of section 214 of such Act shall
apply instead of subsection (a).
SEC. 602. INELIGIBILITY OF NONIMMIGRANTS FOR CER-
TAIN PUBLIC BENEFITS PROGRAMS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsections (b) and
(c), any alien who is lawfully present in the United States
as a nonimmigrant shall not be eligible for any Federal
means-tested public benefits program.
(b) EXCEPTIONS.—
(1) EMERGENCY ASSISTANCE.—Subsection (a)
shall not apply to the provision of non-cash, in-kind
emergency assistance (including emergency medical
services).
(2) ALIENS GRANTED ASYLUM.—Subsection (a)
shall not apply to an alien who is granted asylum
under section 208 of the Immigration and National-
ity Act or whose deportation has been withheld
under section 243(h) of such Act.
(3) TREATMENT
OF
TEMPORARY
AGRICUL-
TURAL WORKERS.—Subsection (a) shall not apply to
a nonimmigrant admitted as a temporary agricul-
tural worker under section 101(a)(15)(H)(ii)(a) of
the Immigration and Nationality Act or as the
spouse or minor child of such a worker under section
101(a)(15)(H)(iii) of such Act.
(c) TREATMENT
OF
HOUSING-RELATED
ASSIST-
ANCE.—Subsection (a) shall not apply to any program for
housing or community development assistance adminis-
tered by the Secretary of Housing and Urban Develop-
ment, any program under title V of the Housing Act of
1949, or any assistance under section 306C of the Consoli-
dated Farm and Rural Development Act, except that in
the case of financial assistance (as defined in section
214(b) of the Housing and Community Development Act
of 1980), the provisions of section 214 of such Act shall
apply instead of subsection (a).
(d) TREATMENT
OF ALIENS PAROLED
INTO
THE
UNITED STATES.—An alien who is paroled into the
United States under section 212(d)(5) of the Immigration
and Nationality Act for a period of less than 1 year shall