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ing under this section and is, in fact, the alien
named in the notice for such proceeding;’’.
(5) by adding at the end the following new
paragraph:
‘‘(5) No alien described in this section shall be
eligible for any relief from deportation that the At-
torney General may grant in the Attorney General’s
discretion.’’.
(b) LIMIT ON JUDICIAL REVIEW.—Subsection (d) of
section 106 of the Immigration and Nationality Act (8
U.S.C. 1105a), as added by section 130004(b) of the Vio-
lent Crime Control and Law Enforcement Act of 1994
(Public Law 103–322), is amended to read as follows:
‘‘(d) Notwithstanding subsection (c), a petition for
review or for habeas corpus on behalf of an alien described
in section 242A(c) may only challenge whether the alien
is in fact an alien described in such section, and no court
shall have jurisdiction to review any other issue.’’.
(c) PRESUMPTION
OF
DEPORTABILITY.—Section
242A of the Immigration and Nationality Act (8 U.S.C.
1252a) is amended by inserting after subsection (b) the
following new subsection:
‘‘(c) PRESUMPTION OF DEPORTABILITY.—An alien
convicted of an aggravated felony shall be conclusively pre-
sumed to be deportable from the United States.’’.
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(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to all aliens against whom deporta-
tion proceedings are initiated after the date of the enact-
ment of this Act.
SEC. 4. RESTRICTING THE DEFENSE TO EXCLUSION BASED
ON 7 YEARS PERMANENT RESIDENCE FOR
CERTAIN CRIMINAL ALIENS.
The last sentence of section 212(c) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(c)) is amended
by striking ‘‘has served for such felony or felonies’’ and
all that follows through the period and inserting ‘‘has been
sentenced for such felony or felonies to a term of imprison-
ment of at least 5 years, if the time for appealing such
conviction or sentence has expired and the sentence has
become final.’’.
SEC. 5. LIMITATION ON COLLATERAL ATTACKS ON UNDER-
LYING DEPORTATION ORDER.
(a) IN GENERAL.—Section 276 of the Immigration
and Nationality Act (8 U.S.C. 1326) is amended by add-
ing at the end the following new subsection:
‘‘(c) In a criminal proceeding under this section, an
alien may not challenge the validity of the deportation
order described in subsection (a)(1) or subsection (b) un-
less the alien demonstrates that—
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‘‘(1) the alien exhausted any administrative
remedies that may have been available to seek relief
against the order;
‘‘(2) the deportation proceedings at which the
order was issued improperly deprived the alien of the
opportunity for judicial review; and
‘‘(3) the entry of the order was fundamentally
unfair.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to criminal proceedings initiated
after the date of the enactment of this Act.
SEC. 6. CRIMINAL ALIEN IDENTIFICATION SYSTEM.
Section 130002(a) of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–312) 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 deportation by reason of
their conviction of aggravated felonies.’’.
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SEC. 7. ESTABLISHING CERTAIN ALIEN SMUGGLING-RELAT-
ED CRIMES AS RICO-PREDICATE OFFENSES.
Section 1961(1) of title 18, United States Code, is
amended—
(1) by inserting ‘‘section 1028 (relating to
fraud and related activity in connection with identi-
fication documents) if the act indictable under sec-
tion 1028 was committed for the purpose of finan-
cial gain,’’ before ‘‘section 1029’’;
(2) by inserting ‘‘section 1542 (relating to false
statement in application and use of passport) if the
act indictable under section 1542 was committed for
the purpose of financial gain, section 1543 (relating
to forgery or false use of passport) if the act indict-
able under section 1543 was committed for the pur-
pose of financial gain, section 1544 (relating to mis-
use of passport) if the act indictable under section
1544 was committed for the purpose of financial
gain, section 1546 (relating to fraud and misuse of
visas, permits, and other documents) if the act in-
dictable under section 1546 was committed for the
purpose of financial gain, sections 1581–1588 (relat-
ing to peonage and slavery),’’ after ‘‘section 1513
(relating to retaliating against a witness, victim, or
an informant),’’;
(3) by striking ‘‘or’’ before ‘‘(E)’’; and
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(4) by inserting before the period at the end the
following: ‘‘, or (F) any act which is indictable under
the Immigration and Nationality Act, section 274
(relating to bringing in and harboring certain
aliens), section 277 (relating to aiding or assisting
certain aliens to enter the United States), or section
278 (relating to importation of alien for immoral
purpose) if the act indictable under such section of
such Act was committed for the purpose of financial
gain’’.
SEC. 8. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN-
VESTIGATIONS.
Section 2516(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(n),
(2) by redesignating paragraph (o) as para-
graph (p), and
(3) by inserting after paragraph (n) the follow-
ing new paragraph:
‘‘(o) a felony violation of section 1028 (relating
to production of false identification documents), sec-
tion 1542 (relating to false statements in passport
applications), section 1546 (relating to fraud and
misuse of visas, permits, and other documents) of
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this title or a violation of section 274, 277, or 278
of the Immigration and Nationality Act (relating to
the smuggling of aliens); or’’.
SEC. 9. EXPANSION OF CRITERIA FOR DEPORTATION FOR
CRIMES OF MORAL TURPITUDE.
(a) IN GENERAL.—Section 241(a)(2)(A)(i)(II) of the
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1251(a)(2)(A)(i)(II)) is amended to read as follows:
‘‘(II) is convicted of a crime for
which a sentence of one year or longer
may be imposed,’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to aliens against whom deporta-
tion proceedings are initiated after the date of the enact-
ment of this Act.
SEC. 10. PAYMENTS TO POLITICAL SUBDIVISIONS FOR
COSTS OF INCARCERATING ILLEGAL ALIENS.
Amounts appropriated to carry out section 501 of the
Immigration Reform and Control Act of 1986 for fiscal
year 1995 shall be available to carry out section 242(j)
of the Immigration and Nationality Act in that fiscal year
with respect to undocumented criminal aliens incarcerated
under the authority of political subdivisions of a State.