I
103D CONGRESS
2D SESSION
H. R. 3862
To effect a moratorium on immigration by aliens other than refugees, priority
workers, and the spouses and children of United States citizens.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 10, 1994
Mr. STUMP (for himself and Mr. CALLAHAN) introduced the following bill;
which was referred jointly to the Committees on the Judiciary, Ways and
Means, Agriculture, and Banking, Finance and Urban Affairs
A BILL
To effect a moratorium on immigration by aliens other than
refugees, priority workers, and the spouses and children
of United States citizens.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES IN ACT.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Immigration Moratorium Act of 1994’’.
(b) REFERENCES IN ACT.—Except as otherwise ex-
pressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be con-
sidered to be made to a section or other provision of the
Immigration and Nationality Act.
TITLE I—IMMIGRATION MORATORIUM
SEC. 101. IMMIGRATION MORATORIUM DEFINED.
As used in this Act, the term ‘‘immigration morato-
rium’’ means the period beginning on October 1, 1994,
and ending on September 30 of the first fiscal year after
fiscal year 1999 during which the President submits a re-
port to Congress, which is approved by a joint resolution
of Congress, that the flow of illegal immigration has been
reduced to less than 10,000 aliens per year and that any
increase in legal immigration resulting from termination
of the immigration moratorium would have no adverse im-
pact on the wages and working conditions of United States
citizens or on the achievement or maintenance of Federal
environmental quality standards in those localities where
immigrants are likely to settle.
SEC. 102. WORLDWIDE LEVELS OF IMMIGRATION.
Notwithstanding section 201 of the Immigration and
Nationality Act, during the immigration moratorium in
lieu of the worldwide levels of immigration under section
201 (8 U.S.C. 1151)—
(1) the worldwide level of family-sponsored im-
migrants under section 201(c) is 10,000;
(2) the worldwide level of employment-based
immigrants under section 201(d) is 5,000; and
(3) the worldwide level of diversity immigrants
under section 201(e) is zero.
SEC. 103. ALLOTMENT OF VISAS.
(a) IN GENERAL.—Notwithstanding section 203 of
the Immigration and Nationality Act, during the immigra-
tion moratorium, in lieu of the number of visas that may
be allotted under section 203 (8 U.S.C. 1153)—
(1) the number of visas that shall be allotted to
family-sponsored immigrants under section 203(a)
shall be 10,000 for qualified immigrants under sec-
tion 203(a)(2) and zero for other family-sponsored
immigrants;
(2) the number of visas that shall be allotted in
any fiscal year to priority workers under section
203(b)(1) shall not exceed the worldwide level of em-
ployment-based immigrants for that fiscal year, and
the number of visas that shall be allotted to other
aliens subject to the worldwide level for employment-
based immigrants shall be zero; and
(3) the number of visas that shall be allotted to
diversity immigrants under section 203(c) shall be
zero.
(b) LIMITATION
ON
SPONSORSHIP
BY
CERTAIN
ALIENS.—Notwithstanding any other provision of law, no
visa may be allotted to any immigrant on the basis of a
petition by an individual who has filed an application
under section 210, section 210A, or section 245A of the
Immigration and Nationality Act.
SEC. 104. GRANTING IMMIGRANT STATUS.
During the immigration moratorium, the Attorney
General may not approve any petition for classification
under section 204 except for classification by reason of
a family relationship described in section 201(b)(2) or pri-
ority worker status under section 203(b)(1). Petitions that
may not be approved during the moratorium shall be re-
turned to the persons who filed the petitions.
SEC. 105. ANNUAL ADMISSION OF REFUGEES.
Notwithstanding any other provision of law, during
the immigration moratorium, the number of refugees who
may be admitted under section 207, including the number
of admissions made available to adjust to the status of
permanent residence the status of aliens granted asylum
under section 209(b), shall not exceed 25,000 in any fiscal
year.
SEC. 106. IMMEDIATE RELATIVES DEFINED.
During the immigration moratorium, the term ‘‘im-
mediate relatives’’ for purposes of section 201(b) means
the children and spouse of a citizen of the United States
who shall have acquired citizenship under chapter 1 of title
III of the Immigration and Nationality Act.
SEC. 107. EFFECTIVE DATE.
This title shall take effect October 1, 1994.
TITLE II—PROHIBITION OF FEDERAL
BENEFITS FOR CERTAIN ALIENS
SEC. 201. PROHIBITION OF DIRECT FEDERAL FINANCIAL
BENEFITS AND UNEMPLOYMENT BENEFITS
TO ALIENS WHO ARE NOT LAWFUL PERMA-
NENT RESIDENTS.
(a) IN GENERAL.—On and after the date of the en-
actment of this Act, notwithstanding any other provision
of law, no direct Federal financial benefit or social insur-
ance benefit, including (but not limited to)—
(1) payments under the aid to families with de-
pendent children program under part A of title IV
of the Social Security Act,
(2) benefits under the supplemental security in-
come program under title XVI of the Social Security
Act,
(3) food stamps under the Food Stamp Act of
1977, and
(4) financial assistance (as defined in section
214(b) of the Housing and Community Development
Act of 1980),
may be paid or otherwise given to any person who is not
a citizen or national of the United States, an alien lawfully
admitted for permanent residence, or an alien otherwise
lawfully and permanently residing in the United States (as
defined in subsection (e)), except pursuant to a provision
of the Immigration and Nationality Act.
(b) UNEMPLOYMENT BENEFITS.—No alien who has
not been granted employment authorization pursuant to
Federal law shall be eligible for unemployment benefits.
(c) SOCIAL SECURITY BENEFITS.—
(1) IN
GENERAL.—Subsection (a) shall not
apply to benefits paid under the old age, survivors,
and disability insurance program under title II of
the Social Security Act.
(2) NO CREDIT FOR WAGES FOR UNAUTHOR-
IZED
EMPLOYMENT.—Notwithstanding any other
provision of law, wages paid on or after the date of
the enactment of this Act with respect to an alien’s
employment which is not authorized under law shall
not be taken into account in crediting quarters of
coverage under title II of the Social Security Act.
(d) CONSTRUCTION.—This section shall not apply to
the provision of foreign aid to aliens abroad.
(e) DEFINITION.—For purposes of this section, the
term ‘‘alien otherwise lawfully and permanently residing
in the United States’’ means any person who at the time
the person applies for, receives, or attempts to receive a
Federal financial benefit or social insurance benefit is an
asylee, a refugee, or a parolee.
TITLE III—ASYLUM REFORM
SEC. 301. INSPECTION AND EXCLUSION BY IMMIGRATION
OFFICERS.
(a) INSPECTION OF ALIENS.—Section 235(b) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)) is
amended to read as follows:
‘‘(b) INSPECTION AND EXCLUSION BY IMMIGRATION
OFFICERS.—
‘‘(1) An immigration officer shall inspect each
alien who is seeking entry to the United States.
‘‘(2)(A) If the examining immigration officer
determines that an alien seeking entry—
‘‘(i) does not present the documentation
required (if any) to obtain legal entry to the
United States; and
‘‘(ii) does not indicate either an intention
to apply for asylum (under section 208) or a
fear of persecution, the officer shall order the
alien excluded from the United States without
further hearing or review.
‘‘(B) The examining immigration officer shall
refer for immediate inspection at a port of entry by
an asylum officer under subparagraph (C) any alien
who has indicated an intention to apply for asylum
or a fear of persecution.
‘‘(C)(i) If an asylum officer determines that an
alien has a credible fear of persecution, the alien
shall be entitled to apply for asylum under section
208.
‘‘(ii) If an asylum officer determines that an
alien does not have a credible fear of persecution the
officer shall order the alien excluded from the
United States without further hearing or review.
‘‘(3)(A) Except as provided in subparagraph
(B), if the examining immigration officer determines
that an alien seeking entry is not clearly and beyond
a doubt entitled to enter, the alien shall be detained
for a hearing before a special inquiry officer.
‘‘(B) The provisions of subparagraph (A) shall
not apply—
‘‘(i) to an alien crewman,
‘‘(ii) to an alien described in paragraph
(2)(A) or 2(C)(ii)(I), or
‘‘(iii) if the conditions described in section
273(d) exist.
‘‘(4) The decision of the examining immigration
officer, if favorable to the admission of any alien,
shall be subject to challenge by any other immigra-
tion officer and such challenge shall operate to take
the alien, whose privilege to enter is so challenged,
before a special inquiry officer for a hearing on ex-
clusion of the alien.
‘‘(5)(A) Subject to subparagraph (B), an alien
has not entered the United States for purposes of
this Act unless and until such alien has been in-
spected and admitted by an immigration officer pur-
suant to this subsection.
‘‘(B) An alien who (i) is physically present in
the United States, (ii) has been physically present in
the United States for a continuous period of one
year, and (iii) has not been inspected and admitted
by an immigration officer shall be deemed to have
entered the United States without inspection.
‘‘(6) INTERIOR REPATRIATION.—The Secretary
of State shall undertake to enter into, on behalf of
the United States, arrangements with the govern-
ments of countries contiguous to the United States
that any excludable or deportable alien who is to de-
part the United States to such country under an
order of deportation, under a grant of voluntary de-
parture with safeguards, or at a time when the alien
is in federal custody shall be transported to a point
in the contiguous country that, to the extent prac-
ticable, is not less than 500 kilometers from the bor-
der of the United States.’’.
(b) GROUNDS FOR EXCLUSION.—Section 221(a)(6)
of the Immigration and Nationality Act is amended by
adding the following paragraphs:
‘‘(G)(i) Any alien who, in seeking entry to the
United States or boarding a common carrier for the
purpose of coming to the United States, presents
any document which is forged, counterfeit, altered,
falsely made, stolen, or inapplicable to the alien pre-
senting the document, or otherwise contains a mis-
representation of a material fact, shall be excluded.
‘‘(ii) Subparagraph (ii) shall not apply to an
alien if, in the determination of the asylum officer,
the document or documents to which that subpara-
graph refers were presented by the alien solely to en-
able the alien to depart directly from—
‘‘(A) a country in which the alien had a
credible fear of persecution; or
‘‘(B) a country in which there was a sig-
nificant danger that the alien would be returned
to a country in which the alien would have a
credible fear of persecution.
‘‘(iii) For the purposes of this subparagraph,
the term ‘credible fear of persecution’ means (I) that
it is more probable than not that the statements
made by the alien in support of his or her claim are
true, and (II) that there is a significant possibility,
in light of such statements and of such other facts
as are known to the officer that the alien could es-
tablish eligibility for asylum under section 208.
‘‘(H) Any alien who, in boarding a common car-
rier for the purpose of coming to the United States,
presents a document that relates or purports to re-
late to the alien’s eligibility to enter the United
States, and fails to present such document to an im-
migration officer upon arrival at a port of entry into
the United States, shall be excluded.’’.
(b) CONFORMING AMENDMENTS.—Section 237(a) (8
U.S.C. 1227(a)) is amended—
(1) in the second sentence of paragraph (1) by
striking ‘‘Deportation’’ and inserting ‘‘Subject to
section 235(b)(2), deportation’’; and
(2) in the first sentence of paragraph (2) by
striking ‘‘If ’’ and inserting ‘‘Subject to section
235(b)(2), if ’’.
SEC. 302. ASYLUM.
(a) IN GENERAL.—Section 208 (8 U.S.C. 1158) is
amended to read as follows:
‘‘SEC. 208. (a) ASYLUM.—
‘‘(1) RIGHT
TO
APPLY.—An alien physically
present in the United States or at a land border or
port of entry may apply for asylum in accordance
with this section.
‘‘(2) CONDITIONS FOR GRANTING.—
‘‘(A) GRANTS BY ATTORNEY GENERAL.—
The Attorney General may grant asylum to an
alien if the alien applies for asylum in accord-
ance with the requirements of this section and
establishes that it is more probable than not
that in the alien’s country of nationality (or, in
the case of a person having no nationality, the
country in which such alien last habitually re-
sided) such alien would be arrested and incar-
cerated or such alien’s life would be threatened
on account of race, religion, nationality, mem-
bership in a particular social group, or political
opinion.
‘‘(B) 
EXCEPTION.—Subparagraph 
(A)
shall not apply to an alien if the Attorney Gen-
eral 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;
‘‘(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; or
‘‘(v) a country willing to accept the
alien has been identified (other than the