I
104TH CONGRESS
1ST SESSION
H. R. 2202
To amend the Immigration and Nationality Act to improve deterrence of
illegal immigration to the United States by increasing border patrol
and investigative personnel, by increasing penalties for alien smuggling
and for document fraud, by reforming exclusion and deportation law
and procedures, by improving the verification system for eligibility for
employment, and through other measures, to reform the legal immigra-
tion system and facilitate legal entries into the United States, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 4, 1995
Mr. SMITH of Texas (for himself, Mr. BRYANT of Texas, Mr. GALLEGLY, Mr.
MOORHEAD, Mr. MCCOLLUM, Mr. BRYANT of Tennessee, Mr. BONO, Mr.
HEINEMAN, Mr. SENSENBRENNER, Mr. GEKAS, Mr. COBLE, Mr. CANADY
of Florida, Mr. INGLIS of South Carolina, Mr. GOODLATTE, Mr. BARR,
Mr. BOUCHER, Mr. BAKER of California, Mr. BALLENGER, Mr. BEILEN-
SON, Mr. BILBRAY, Mr. BONILLA, Mr. BREWSTER, Mr. CALVERT, Mr.
CONDIT, Mr. CUNNINGHAM, Mr. DEAL of Georgia, Mr. DREIER, Mr.
DUNCAN, Mr. FOLEY, Mr. HAYES, Mr. HERGER, Mr. HUNTER, Mr. SAM
JOHNSON of Texas, Mrs. MEYERS of Kansas, Mr. PACKARD, Mr.
ROHRABACHER, Mrs. ROUKEMA, Mr. SHAYS, Mr. STENHOLM, Mr. TAU-
ZIN, Mrs. VUCANOVICH, Mr. MCKEON, Mr. BARTON of Texas, Mr.
HUTCHINSON, Mr. THORNBERRY, Mr. LAUGHLIN, Mr. TRAFICANT, Mr.
KASICH, Mrs. SEASTRAND, Mr. PETE GEREN of Texas, Mr. WILSON, Mr.
STOCKMAN, Mr. HASTINGS of Washington, Mr. BEREUTER, Mr. COM-
BEST, Mr. BARTLETT of Maryland, Mr. BARRETT of Nebraska, Mr.
SHAW, Mr. PICKETT, Mr. SKEEN, Mr. GUTKNECHT, Mr. KINGSTON, Mr.
TAYLOR of North Carolina, Mr. ROGERS, Mr. SOLOMON, Mr. ROBERTS,
Mr. EVERETT, Mr. DOOLITTLE, Mr. HEFLEY, Mr. SCHAEFER, Mr. GOSS,
Mr. BUNNING of Kentucky, Mr. PARKER, Mr. TAYLOR of Mississippi, Mr.
EMERSON, Mr. SHUSTER, Mr. FIELDS of Texas, Mr. QUILLEN, Mr.
HALL of Texas, Mr. HOEKSTRA, Mr. MCCRERY, Mr. STEARNS, Mr. BUR-
TON of Indiana, Mr. LEWIS of Kentucky, Mr. BAKER of Louisiana, Mr.
BACHUS, Mr. LIGHTFOOT, Mr. COLLINS of Georgia, Mr. HANSEN, Mr.
HORN, Mr. PAXON, Ms. MOLINARI, Mr. LINDER, Mr. HASTERT, Mr.
ROYCE, Mr. KIM, Mr. CAMP, Mr. HANCOCK, Mr. SPENCE, Mr. JONES,
Mr. LIVINGSTON, Mr. REGULA, Mr. EWING, Mr. SALMON, Ms. HARMAN,
Mr. ZELIFF, Mr. SHADEGG, Mr. POMBO, Mr. DORNAN, and Mr.
HR 2202 RCH
RADANOVICH) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on Na-
tional Security, Government Reform and Oversight, Ways and Means,
and Banking and Financial Services, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
SEPTEMBER 20, 1995
Rereferred to the Committee on the Judiciary, and in addition to the Commit-
tees on Agriculture, Banking and Financial Services, Economic and Edu-
cational Opportunities, Government Reform and Oversight, National Se-
curity, and Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To amend the Immigration and Nationality Act to improve
deterrence of illegal immigration to the United States
by increasing border patrol and investigative personnel,
by increasing penalties for alien smuggling and for docu-
ment fraud, by reforming exclusion and deportation law
and procedures, by improving the verification system for
eligibility for employment, and through other measures,
to reform the legal immigration system and facilitate
legal entries into the United States, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION
AND NATIONALITY ACT; TABLE OF CON-
TENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Immigration in the National Interest Act of 1995’’.
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(b) AMENDMENTS TO IMMIGRATION AND NATIONAL-
ITY ACT.—Except as otherwise specifically provided—
(1) whenever in this Act an amendment or re-
peal is expressed as the amendment or repeal of a
section or other provision, the reference shall be con-
sidered to be made to that section or provision in the
Immigration and Nationality Act, and
(2) amendments to a section or other provision
are to such section or other provision as in effect on
the date of the enactment of this Act and before any
amendment made to such section or other provision
elsewhere in this Act.
(c) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; amendments to Immigration and Nationality Act; table of
contents.
TITLE I—DETERRENCE OF ILLEGAL IMMIGRATION THROUGH IM-
PROVED BORDER ENFORCEMENT, PILOT PROGRAMS, AND IN-
TERIOR ENFORCEMENT
Subtitle A—Improved Enforcement at Border
Sec. 101. Border patrol agents and support personnel.
Sec. 102. Improvement of barriers at border.
Sec. 103. Improved border equipment and technology.
Sec. 104. Improvement in border crossing identification card.
Sec. 105. Civil penalties for illegal entry.
Sec. 106. Prosecution of aliens repeatedly reentering the United States unlaw-
fully.
Sec. 107. Inservice training for the Border Patrol.
Subtitle B—Pilot Programs
Sec. 111. Pilot program on interior repatriation of inadmissible or deportable
aliens.
Sec. 112. Pilot program on use of closed military bases for the detention of in-
admissible or deportable aliens.
Sec. 113. Pilot program to collect records of departing passengers.
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Subtitle C—Interior Enforcement
Sec. 121. Increase in personnel for interior enforcement.
TITLE II—ENHANCED ENFORCEMENT AND PENALTIES AGAINST
ALIEN SMUGGLING; DOCUMENT FRAUD
Subtitle A—Enhanced Enforcement and Penalties Against Alien Smuggling
Sec. 201. Wiretap authority for alien smuggling investigations.
Sec. 202. Racketeering offenses relating to alien smuggling.
Sec. 203. Increased criminal penalties for alien smuggling.
Sec. 204. Increased number of assistant United States attorneys.
Sec. 205. Undercover investigation authority.
Subtitle B—Deterrence of Document Fraud
Sec. 211. Increased criminal penalties for fraudulent use of government-issued
documents.
Sec. 212. New civil penalties for document fraud.
Sec. 213. New civil penalty for failure to present documents.
Sec. 214. New criminal penalties for failure to disclose role as preparer of false
application for asylum and for preparing certain post-convic-
tion applications.
Sec. 215. Criminal penalty for knowingly presenting document which fails to
contain reasonable basis in law or fact.
Sec. 216. Criminal penalties for false claim to citizenship.
Subtitle C—Asset Forfeiture for Passport and Visa Offenses
Sec. 221. Criminal forfeiture for passport and visa related offenses.
Sec. 222. Subpoenas for bank records.
Sec. 223. Effective date.
TITLE III—INSPECTION, APPREHENSION, DETENTION, ADJUDICA-
TION, AND REMOVAL OF INADMISSIBLE AND DEPORTABLE
ALIENS
Subtitle A—Revision of Procedures for Removal of Aliens
Sec. 300. Overview of changes in removal procedures.
Sec. 301. Treating persons present in the United States without authorization
as not admitted.
Sec. 302. Inspection of aliens; expedited removal of inadmissible arriving aliens;
referral for hearing (revised section 235).
Sec. 303. Apprehension and detention of aliens not lawfully in the United
States (revised section 236).
Sec. 304. Removal proceedings; cancellation of removal and adjustment of sta-
tus; voluntary departure (revised and new sections 239 to
240C).
Sec. 305. Detention and removal of aliens ordered removed (new section 241).
Sec. 306. Appeals from orders of removal (new section 242).
Sec. 307. Penalties relating to removal (revised section 243).
Sec. 308. Redesignation and reorganization of other provisions; additional con-
forming amendments.
Sec. 309. Effective dates; transition.
Subtitle B—Removal of Alien Terrorists
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PART 1—REMOVAL PROCEDURES FOR ALIEN TERRORISTS
Sec. 321. Removal procedures for alien terrorists.
‘‘TITLE V—SPECIAL REMOVAL PROCEDURES FOR ALIEN
TERRORISTS
‘‘Sec. 501. Definitions.
‘‘Sec. 502. Establishment of special removal court; panel of attorneys to
assist with classified information.
‘‘Sec. 503. Application for initiation of special removal proceeding.
‘‘Sec. 504. Consideration of application.
‘‘Sec. 505. Special removal hearings.
‘‘Sec. 506. Consideration of classified information.
‘‘Sec. 507. Appeals.
‘‘Sec. 508. Detention and custody.’’.
Sec. 322. Funding for detention and removal of alien terrorists.
PART 2—INADMISSIBILITY AND DENIAL OF RELIEF FOR ALIEN TERRORISTS
Sec. 331. Membership in terrorist organization as ground of inadmissibility.
Sec. 332. Denial of relief for alien terrorists.
Subtitle C—Deterring Transportation of Unlawful Aliens to the United States
Sec. 341. Definition of stowaway.
Sec. 342. List of alien and citizen passengers arriving.
Sec. 343. Transportation line responsibility for transit without visa aliens.
Sec. 344. Civil penalties for bringing inadmissible aliens from contiguous terri-
tories.
Subtitle D—Additional Provisions
Sec. 351. Definition of conviction.
Sec. 352. Use of term ‘‘immigration judge’’.
Sec. 353. Rescission of lawful permanent resident status.
Sec. 354. Civil penalties for failure to depart.
Sec. 355. Clarification of district court jurisdiction.
Sec. 356. Use of retired Federal employees for institutional hearing program.
Sec. 357. Enhanced penalties for failure to depart, illegal reentry, and passport
and visa fraud.
Sec. 358. Authorization of additional funds for removal of aliens.
Sec. 359. Application of additional civil penalties to enforcement.
Sec. 360. Prisoner transfer treaties.
Sec. 361. Criminal alien identification system.
Sec. 362. Waiver of exclusion and deportation ground for certain section 274C
violators.
Sec. 363. Authorizing registration of aliens on criminal probation or criminal
parole.
TITLE IV—ENFORCEMENT OF RESTRICTIONS AGAINST
EMPLOYMENT
Sec. 401. Strengthened enforcement of the employer sanctions provisions.
Sec. 402. Strengthened enforcement of wage and hour laws.
Sec. 403. Changes in the employer sanctions program.
Sec. 404. Reports on earnings of aliens not authorized to work.
Sec. 405. Authorizing maintenance of certain information on aliens.
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Sec. 406. Limiting liability for certain technical violations of paperwork require-
ments.
Sec. 407. Remedies in unfair immigration-related discrimination orders.
TITLE V—REFORM OF LEGAL IMMIGRATION SYSTEM
Sec. 500. Overview of new legal immigration system.
Subtitle A—Worldwide Numerical Limits
Sec. 501. Worldwide numerical limitation on family-sponsored immigrants.
Sec. 502. Worldwide numerical limitation on employment-based immigrants.
Sec. 503. Establishment of numerical limitation on humanitarian immigrants.
Sec. 504. Requiring congressional review and reauthorization of worldwide lev-
els every 5 years.
Subtitle B—Changes in Preference System
Sec. 511. Limitation of immediate relatives to spouses and children.
Sec. 512. Change in family-sponsored classification.
Sec. 513. Change in employment-based classification.
Sec. 514. Authorization to require periodic confirmation of classification peti-
tions.
Sec. 515. Changes in special immigrant status.
Sec. 516. Requirements for removal of conditional status of entrepreneurs.
Sec. 517. Miscellaneous conforming amendments.
Subtitle C—Refugees, Asylees, Parole, and Humanitarian Admissions
Sec. 521. Changes in refugee annual admissions.
Sec. 522. Fixing numerical adjustments for asylees at 10,000 each year.
Sec. 523. Increased resources for reducing asylum application backlogs.
Sec. 524. Parole available only on a case-by-case basis for humanitarian rea-
sons or significant public benefit.
Sec. 525. Admission of humanitarian immigrants.
Sec. 526. Asylum reform.
Subtitle D—General Effective Date; Transition Provisions
Sec. 551. General effective date.
Sec. 552. General transition for current classification petitions.
Sec. 553. Special transition for certain backlogged spouses and children of law-
ful permanent resident aliens.
Sec. 554. Special treatment of certain disadvantaged family first preference im-
migrants.
TITLE VI—RESTRICTIONS ON BENEFITS FOR ALIENS
Sec. 600. Statements of national policy concerning welfare and immigration.
Subtitle A—Eligibility of Illegal Aliens for Public Benefits
PART 1—PUBLIC BENEFITS GENERALLY
Sec. 601. Making illegal aliens ineligible for public assistance, contracts, and li-
censes.
Sec. 602. Making unauthorized aliens ineligible for unemployment benefits.
Sec. 603. General exceptions.
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Sec. 604. Treatment of expenses subject to emergency medical services excep-
tion.
Sec. 605. Report on disqualification of illegal aliens from housing assistance
programs.
Sec. 606. Definitions.
Sec. 607. Regulations and effective dates.
PART 2—EARNED INCOME TAX CREDIT
Sec. 611. Earned income tax credit denied to individuals not authorized to be
employed in the United States.
Subtitle B—Expansion of Disqualification from Immigration Benefits on the
Basis of Public Charge
Sec. 621. Ground for inadmissibility.
Sec. 622. Ground for deportability.
Subtitle C—Attribution of Income and Affidavits of Support
Sec. 631. Attribution of sponsor’s income and resources to family-sponsored im-
migrants.
Sec. 632. Requirements for sponsor’s affidavit of support.
TITLE VII—FACILITATION OF LEGAL ENTRY
Sec. 701. Additional land border inspectors; infrastructure improvements.
Sec. 702. Commuter lane pilot programs.
Sec. 703. Preinspection at foreign airports.
Sec. 704. Training of airline personnel in detection of fraudulent documents.
TITLE VIII—MISCELLANEOUS PROVISIONS
Sec. 801. Amended definition of aggravated felony.
Sec. 802. Amended definitions of ‘‘child’’ and ‘‘parent’’ to facilitate adoption of
children born out-of-wedlock.
Sec. 803. Authority to determine visa processing procedures.
Sec. 804. Waiver authority concerning notice of denial of application for visas.
Sec. 805. Treatment of Canadian landed immigrants.
Sec. 806. Changes relating to H–1B nonimmigrants.
Sec. 807. Validity of period of visas.
Sec. 808. Limitation on adjustment of status of individuals not lawfully present
in the United States.
Sec. 809. Limited access to certain confidential INS files.
Sec. 810. Nonimmigrant status for spouses and children of members of the
Armed Services.
Sec. 811. Commission report on fraud associated with birth certificates.
Sec. 812. Uniform vital statistics.
Sec. 813. Communication between State and local government agencies, and
the Immigration and Naturalization Service.
Sec. 814. Criminal alien reimbursement costs.
Sec. 815. Miscellaneous technical corrections.
Title I, Subtitle A
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TITLE I—DETERRENCE OF ILLE-
GAL IMMIGRATION THROUGH
IMPROVED 
BORDER 
EN-
FORCEMENT, 
PILOT 
PRO-
GRAMS, AND INTERIOR EN-
FORCEMENT
Subtitle A—Improved Enforcement
at Border
SEC. 101. BORDER PATROL AGENTS AND SUPPORT PER-
SONNEL.
(a) INCREASED NUMBER OF BORDER PATROL POSI-
TIONS.—The number of border patrol agents shall be in-
creased, for each fiscal year beginning with the fiscal year
1996 and ending with the fiscal year 2000, by 1,000 full-
time equivalent positions above the number of equivalent
positions as of September 30, 1994.
(b) INCREASE IN SUPPORT PERSONNEL.—The num-
ber of full-time support positions for personnel in support
of border enforcement, investigation, detention and depor-
tation, intelligence, information and records, legal pro-
ceedings, and management and administration in the Im-
migration and Naturalization Service shall be increased,
beginning with fiscal year 1996, by 800 positions above
the number of equivalent positions as of September 30,
1994.
Title I, Subtitle A
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(c) DEPLOYMENT
OF
NEW
BORDER
PATROL
AGENTS.—The Attorney General shall, to the maximum
extent practicable, ensure that the border patrol agents
hired pursuant to subsection (a) shall—
(1) be deployed among the various Immigration
and Naturalization Service sectors in proportion to
the level of illegal intrusion measured in each sector
during the preceding fiscal year and reasonably an-
ticipated in the next fiscal year, and
(2) be actively engaged in law enforcement ac-
tivities related to the illegal crossing of the borders
of the United States.
SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.
(a) IN GENERAL.—The Attorney General, in con-
sultation with the Commissioner of the Immigration and
Naturalization Service, shall take such actions as may be
necessary to install additional physical barriers and roads
(including the removal of obstacles to detection of illegal
entrants) in the vicinity of the United States border to
deter unauthorized crossings in areas of high illegal entry
into the United States.
(b) CONSTRUCTION
OF FENCING
AND ROAD IM-
PROVEMENTS IN THE BORDER AREA NEAR SAN DIEGO,
CALIFORNIA.—