I
104TH CONGRESS
1ST SESSION
H. R. 1929
To amend the Immigration and Nationality Act to more effectively prevent
illegal immigration by improving control over the land borders of the
United States, preventing illegal employment of aliens, reducing proce-
dural delays in removing illegal aliens from the United States, providing
wiretap and asset forfeiture authority to combat alien smuggling and
related crimes, increasing penalties for bringing aliens unlawfully into
the United States, and making certain miscellaneous and technical
amendments, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 27, 1995
Mr. BERMAN (by request) introduced the following bill; which was referred to
the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to more
effectively prevent illegal immigration by improving con-
trol over the land borders of the United States, prevent-
ing illegal employment of aliens, reducing procedural
delays in removing illegal aliens from the United States,
providing wiretap and asset forfeiture authority to com-
bat alien smuggling and related crimes, increasing pen-
alties for bringing aliens unlawfully into the United
States, and making certain miscellaneous and technical
amendments, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Immigration Enforce-
ment Improvements Act of 1995’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—BORDER ENFORCEMENT
Sec. 101. Authorization for border control strategies.
Sec. 102. Border Patrol expansion.
Sec. 103. Land border inspection enhancements.
Sec. 104. Increased penalties for failure to depart, illegal reentry, and passport
and visa fraud.
Sec. 105. Pilot program on interior repatriation of deportable or excludable
aliens.
Sec. 106. Special exclusion in extraordinary migration situations.
Sec. 107. Immigration emergency provisions.
Sec. 108. Commuter lane pilot programs.
TITLE II—CONTROL OF UNLAWFUL EMPLOYMENT AND VERIFICATION
Sec. 201. Reducing the number of employment verification documents.
Sec. 202. Employment verification pilot projects.
Sec. 203. Confidentiality of data under employment eligibility verification pilot
projects.
Sec. 204. Collection of Social Security numbers.
Sec. 205. Employer sanctions penalties.
Sec. 206. Criminal penalties for document fraud.
Sec. 207. Civil penalties for document fraud.
Sec. 208. Subpoena authority.
Sec. 209. Increased penalties for employer sanctions involving labor standards
violations.
Sec. 210. Increased civil penalties for unfair immigration-related employment
practices.
Sec. 211. Retention of employer sanctions fines for law enforcement purposes.
Sec. 212. Telephone verification system fee.
Sec. 213. Authorizations.
TITLE III—ILLEGAL ALIEN REMOVAL
Sec. 301. Civil penalties for failure to depart.
Sec. 302. Judicial deportation.
Sec. 303. Conduct of proceedings by electronic means.
Sec. 304. Subpoena authority.
Sec. 305. Stipulated exclusion and deportation.
Sec. 306. Streamlining appeals from orders of exclusion and deportation.
Sec. 307. Sanctions against countries refusing to accept deportation of their
nationals.
Sec. 308. Custody of aliens convicted of aggravated felonies.
Sec. 309. Limitations on relief from exclusion and deportation.
Sec. 310. Rescission of lawful permanent resident status.
Sec. 311. Increasing efficiency in removal of detailed aliens.
TITLE IV—ALIEN SMUGGLING CONTROL
Sec. 401. Wiretap authority for investigations of alien smuggling and document
fraud.
Sec. 402. Applying racketeering offenses to alien smuggling.
Sec. 403. Expanded asset forfeiture for smuggling or harboring aliens.
Sec. 404. Increased criminal penalties for alien smuggling.
Sec. 405. Undercover investigation authority.
Sec. 406. Amended definition of aggravated felony.
TITLE V—INSPECTIONS AND ADMISSIONS
Sec. 501. Civil penalties for bringing inadmissible aliens from contiguous terri-
tories.
Sec. 502. Definition of stowaway; excludability of stowaway; carrier liability for
costs of detention.
Sec. 503. List of alien and citizen passengers arriving or departing.
Sec. 504. Elimination of limitations on immigration user fees for certain cruise
ship passengers.
Sec. 505. Transportation line responsibility for transit without visa aliens.
Sec. 506. Authority to determine visa processing procedures.
Sec. 507. Border services user fee.
TITLE VI—MISCELLANEOUS AND TECHNICAL AMENDMENTS
Sec. 601. Alien prostitution.
Sec. 602. Grants to States for medical assistance to undocumented immigrants.
Sec. 603. Technical corrections to Violent Crime Control Act and Technical
Corrections Act.
Sec. 604. Expeditious deportation.
Sec. 605. Authorization for use of volunteers.
Sec. 606. Waiver of exclusion and deportation ground for certain section 274C
violators.
TITLE I—BORDER ENFORCEMENT
SEC. 101. AUTHORIZATION FOR BORDER CONTROL STRATE-
GIES.
There are authorized to be appropriated to the De-
partment of Justice such funds as may be necessary to
provide for expansion of efforts to prevent illegal immigra-
tion through direct deterrence at the land borders of the
United States.
SEC. 102. BORDER PATROL EXPANSION.
The Attorney General, in each of fiscal years 1996,
1997, and 1998, shall increase to the maximum extent
feasible and consistent with standards of professionalism
and training requirements, the number of full time, active-
duty Border Patrol agents by no fewer than 700, above
the number of such agents on duty at the end of fiscal
year 1995, as well as hire an appropriate number of per-
sonnel needed to support these agents.
SEC. 103. LAND BORDER INSPECTION ENHANCEMENTS.
To eliminate undue delay in the thorough inspection
of persons and vehicles lawfully attempting to enter the
United States, the Attorney General, subject to appropria-
tion or availability of funds in the border services user fee
account, shall increase in fiscal years 1996 and 1997 the
number of full time land border inspectors assigned to ac-
tive duty by the Immigration and Naturalization Service
to a level adequate to assure full staffing of all border
crossing lands now in use, under construction, or whose
construction has been authorized by Congress.
SEC. 104. INCREASED PENALTIES FOR FAILURE TO DE-
PART, ILLEGAL REENTRY, AND PASSPORT
AND VISA FRAUD.
(a) The United States Sentencing Commission shall
promptly promulgate, pursuant to section 994 of title 28,
United States Code, amendments to the sentencing guide-
lines to make appropriate increases in the base offense lev-
els for offenses under section 242(e) and 276(b) of the
Immigration and Nationality 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 Enforce-
ment Act of 1994, Public Law 103–322, 108 Stat. 1796,
2023 (Sept. 13, 1994).
(b) The United States Sentencing Commission shall
promptly promulgate, pursuant to section 994 of title 28,
United States Code, amendments to the sentencing guide-
lines to make appropriate increases in the base offense lev-
els for offenses under section 1541–1546 of title 18,
United States Code, to reflect the amendments made by
section 130009 of the Violent Crime Control and Law En-
forcement Act of 1994, Public Law 103–322, 108 Stat.
1796, 2030 (Sept. 13, 1994).
SEC. 105. PILOT PROGRAM ON INTERIOR REPATRIATION
OF DEPORTABLE OR EXCLUDABLE ALIENS.
(a) ESTABLISHMENT.—Not later than 180 days after
the date of enactment of this Act, the Attorney General
after consultation with the Secretary of State, may estab-
lish a pilot program for up to two years which provides
for interior repatriation and other disincentives for mul-
tiple unlawful entries into the United States.
(b) REPORT.—If the Attorney General establishes
such a pilot program, not later than 3 years after the date
of enactment of this Act, the Attorney General, together
with the Secretary of State, shall submit a report to the
Committees on the Judiciary of the House of Representa-
tives and of the Senate on the operation of the pilot pro-
gram under this section and whether the pilot program
or any part thereof should be extended or made perma-
nent.
SEC. 106. SPECIAL EXCLUSION IN EXTRAORDINARY MIGRA-
TION SITUATIONS.
Section 235 of the Immigration and Nationality Act
(8 U.S.C. 1225) is amended—
(1) in subsection (b), by inserting at the end
the following sentence: ‘‘If the alien has arrived from
a foreign territory contiguous to the United States,
either at a land port of entry or on the land of the
United States other than at a designated port of
entry, the alien may be returned to that territory
pending the inquiry.’’; and
(2) by adding at the end the following new sub-
sections (d) and (e):
‘‘(d) SPECIAL EXCLUSION FOR EXTRAORDINARY MI-
GRATION SITUATIONS.—
‘‘(1) Notwithstanding the provisions of section
(b) of this section and of section 236, the Attorney
General under the circumstances described in sub-
paragraphs (A) and (B) may, without referral to an
immigration judge, order the exclusion and deporta-
tion of an alien who appears to an examining immi-
gration officer to be excludable. The Attorney Gen-
eral shall by regulation establish a procedure for
special orders of exclusion and deportation under
this subsection when, in the case of an alien who is,
or aliens who are excludable under section 212(a)—
‘‘(A) the Attorney General determines that
the numbers of circumstances of aliens en route
to or arriving in the United States, including by
aircraft, present an extraordinary migration sit-
uation; or
‘‘(B) the alien—
‘‘(i) is brought or escorted under the
authority of the United States into the
United States, having been on board a ves-
sel encountered outside of the territorial
waters of the United States by officers of
the United States;
‘‘(ii) is brought or escorted under the
authority of the United States to a port or
entry, having been on board a vessel en-
countered within the territorial sea or in-
ternal waters of the United States; or
‘‘(iii) has arrived on a vessel trans-
porting aliens to the United States without
such alien having received prior official au-
thorization to come to, enter, or reside in
the United States.
The judgment whether there exists an extraordinary
migration situation with the meaning of (A) or
whether to invoke the provisions of (B) is committed
to the sole and exclusive discretion of the Attorney
General: Provided, That the provisions of this sub-
section may be invoked by the Attorney General
under subparagraph (A) for a period not exceed
ninety days, unless, within such ninety-day period or
extension thereof, the Attorney General determines,
after consultation with the Committees on the Judi-
ciary of the Senate and the House of Representa-
tives, that an extraordinary migration situation con-
tinues to warrant such procedures remaining in
place for an additional ninety-day period.
‘‘(2) As used in this section, ‘extraordinary mi-
gration situation’ means the arrival or imminent ar-
rival in the United States or its territorial waters of
aliens who by their numbers or circumstances sub-
stantially exceed the capacity for the inspection and
examination of such aliens.
‘‘(3) When the Attorney General determines to
invoke the provisions of paragraph (1), the Attorney
General may, pursuant to this section and sections
235(e) and 106(f), suspend the normal operation of
immigration regulations regarding the inspection
and exclusion of aliens.
‘‘(4) No alien may be ordered specially excluded
under paragraph (1) if: (A) such alien is eligible to
seek and seeks asylum under section 208; and (B)
the Attorney General determines such alien has a
credible fear of persecution on account of race, reli-
gion, nationality, membership in a particular social
group, or political opinion, in the country of such
person’s nationality, or in the case of a person hav-
ing no nationality, the country in which such person
last habitually resided. The Attorney General may
by regulation provide that, notwithstanding this
paragraph, an alien may be returned to a country
where the alien does not have a credible fear of per-
secution or of return to persecution. As used herein,
the term ‘credible fear of persecution’ means that:
(A) it is probable that the statements made by the
alien in support of his or her claim are true; and (B)
in light of such statements and country conditions,
the alien has a reasonable possibility of establishing
eligibility as a refugee within the meaning of section
of section 101(a)(42)(A). An alien determined to
have a credible fear of persecution shall be taken be-
fore an immigration judge for a hearing in accord-
ance with section 236.
‘‘(5) Notwithstanding the provisions of para-
graph (4), the Attorney General may provide that an
application for asylum made by an alien arriving in
the United States under the circumstances described
in subparagraph (A) of paragraph (1) be considered
pursuant to section 208 and any regulations promul-
gated thereunder for applications considered pursu-
ant to this paragraph: Provided, however, That an
alien not granted asylum is subject to a special order
of exclusion under paragraph (1).
‘‘(6) A special exclusion order entered in ac-
cordance with the provisions of this subsection is not
subject to administrative appeal, except that the At-
torney General shall provide by regulation for—
‘‘(A) prompt review of such an order
against an applicant who appears to have been
lawfully admitted for permanent residence; and
‘‘(B) prompt review of such an order en-
tered against an alien physically present in the
United States who has sought asylum under
section 208 and was determined not to have a
credible fear of persecution under paragraph
(4). Such review shall be conducted by an offi-
cer or officers of the Department of Justice
specially trained in asylum and refugee law.
‘‘(7) A special exclusion order shall have the
same effect as if the alien had been ordered excluded
and deported pursuant to section 236, except that
judicial review of such an order shall be available
only under section 106(f).
‘‘(8) Nothing in this subsection shall be re-
garded as requiring a hearing before an immigration
judge in the case of an alien crewman or alien stow-
away.
‘‘(e) NO
COLLATERAL
ATTACK.—In any action
brought for the assessment of penalties for improper entry
or reentry of an alien under sections 275 and 276 of the
Immigration and Nationality Act, no court shall have ju-
risdiction to hear claims attacking the validity of orders
of special exclusion entered under this section.’’.
SEC. 107. IMMIGRATION EMERGENCY PROVISIONS.
(a) REIMBURSEMENT OF FEDERAL AGENCIES FROM
IMMIGRATION EMERGENCY FUND.—Section 404(b) of the
Immigration and Nationality Act (8 U.S.C. 1101 note) is
amended—
(1) in paragraph (1) after ‘‘paragraph (2)’’ by
replacing ‘‘and’’ with ‘‘,’’, striking ‘‘state’’, inserting
‘‘other Federal agencies and States’’, inserting ‘‘and
for the costs associated with repatriation of aliens
attempting to enter the United States illegally,
whether apprehended within or outside the terri-
torial sea of the United States’’ before ‘‘except’’, and
by adding the following language at the end of para-
graph (1): ‘‘Provided, That the fund may be used for
the costs of such repatriations without the require-
ment for a determination by the President that an
immigration emergency exists.’’; and
(2) in paragraph (2)(A), by inserting ‘‘to Fed-
eral agencies providing support to the Department
of Justice or’’ after ‘‘available’’.
(b) VESSEL MOVEMENT CONTROLS.—Section 191 of
title 50, United States Code, is amended by inserting ‘‘or
whenever the Attorney General determines that an actual
or anticipated mass migration of aliens en route to or ar-
riving off the coast of the United States presents urgent
circumstances requiring an immediate Federal response,’’
after ‘‘United States,’’ the first time it appears.
(c) DELEGATION OF IMMIGRATION ENFORCEMENT
AUTHORITY.—Section 103 of the Immigration and Na-
tionality Act (8 U.S.C. 1103) is amended by adding at
the end of subsection (a) a new sentence to read as follows:
‘‘In the event the Attorney General determines that an
actual or imminent mass influx of aliens arriving off the
coast of the United States presents urgent circumstances
requiring an immediate Federal response, the Attorney
General may authorize, with the consent of the head of
the department, agency, or establishment under whose ju-
risdiction the individual is serving, any specially des-
ignated state or local law enforcement officer to perform
or exercise any of the powers, privileges, or duties con-
ferred or imposed by this Act or regulations issued there-
under upon officers or employees of the Service.’’.
SEC. 108. COMMUTER LANE PILOT PROGRAMS.
(a) Section 286(q) of the Immigration and National-
ity Act (8 U.S.C. 1356) is amended—
(1) in paragraph (1), by striking ‘‘a project’’
and inserting ‘‘projects’’;
(2) in paragraph (1), by striking ‘‘Such
project’’ and inserting ‘‘Such projects’’; and
(3) by striking paragraph (5).
(b) The Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriation
Act, 1994 (Public Law 103–121, 107 Stat. 1161), is
amended by striking the fourth proviso under the heading
‘‘Immigration and Naturalization Service, Salaries and
Expenses’’.
TITLE II—CONTROL OF UNLAWFUL
EMPLOYMENT AND VERIFICATION
SEC. 201. REDUCING THE NUMBER OF EMPLOYMENT VER-
IFICATION DOCUMENTS.
(a) PROVISION OF SOCIAL SECURITY ACCOUNT NUM-
BERS.—Section 274A of the Immigration and Nationality
Act (8 U.S.C. 1324a) is amended by adding at the end
of subsection (b)(2) a new sentence to read as follows:
‘‘The Attorney General is authorized to require an individ-
ual to provide on the form described in subsection
(b)(1)(A) that individual’s Social Security account number
for purposes of complying with this section.’’.
(b) CHANGES IN ACCEPTABLE DOCUMENTATION FOR
EMPLOYMENT AUTHORIZATION AND IDENTITY.—Section
274A(b)(1) of the Immigration and Nationality Act (8
U.S.C. 1324a(b)(1)) is amended—
(1) in subparagraph (B)—
(A) by striking clauses (ii), (iii), and (iv)
and redesignating clause (v) as clause (ii),
(B) in clause (i), by adding at the end
‘‘or’’, and
(C) in redesignated clause (ii), by revising
the introductory text to read as follows:
‘‘(ii) resident alien card, alien reg-
istration card, or other document des-
ignated by regulation by the Attorney Gen-
eral, if the document—’’; and
(D) in redesignated clause (ii) by striking
the period after subclause (II) and by adding a
new subclause (III) to read as follows:
‘‘(III) and contains appropriate
security features.’’ and
(2) in subparagraph (C)—
(A) by inserting ‘‘or’’ after the ‘‘;’’ at the
end of clause (i),
(B) by striking clause (ii), and
(C) by redesignating clause (iii) as clause
(ii).
(c) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall apply with respect to hiring
(or recruiting or referring) occurring 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.
SEC. 202. EMPLOYMENT VERIFICATION PILOT PROJECTS.
(a) The Attorney General, together with the Commis-
sion of Social Security, shall conduct pilot projects to test
methods to accomplish reliable verification of eligibility for
employment in the United States. The pilot projects tested
may include—
(1) an expansion of the telephone verification
system to include, by the end of Fiscal Year 1996,
participation by up to 1,000 employers;
(2) a process which allows employers to verify
the eligibility for employment of new employees
using Social Security Administration (SSA) records
and, if necessary, to conduct a cross-check using Im-
migration and Naturalization Service (INS) records;
(3) a simulated linkage of the electronic records
of the INS and the SSA to test the technical fea-
sibility of establishing a linkage between the actual
electronic records of the INS and the SSA; or
(4) improvements and additions to the elec-
tronic records of the INS and the SSA for the pur-
pose of using such records for verification of employ-
ment eligibility.
(b) The pilot projects referred to in subsection (a)
shall be conducted in such locations and with such number
of employers as is consistent with their pilot status.
(c) The pilot projects referred to in subsection (a)
shall begin not later than 12 months after the enactment
of this Act and may continue for a period of 3 years. Dur-
ing the pilot project, the Attorney General shall track com-
plaints of discrimination arising from the administration
or enforcement of the pilot project. Not later than 60 days
prior to the conclusion of this 3-year period, the Attorney
General shall submit to the Congress a report on the pilot
projects. The report shall include evaluations of each of
the pilot projects according to the following criteria: cost
effectiveness, technical feasibility, resistance to fraud, pro-
tection of confidentiality and privacy, and protection
against discrimination, and which projects, if any, should
be adopted.
(d) Upon completion of the report required by sub-
section (c), the Attorney General is authorized to continue
implementation on a pilot basis for an additional period
of 1 year any or all of the pilot projects authorized in sub-
section (a). The Attorney General shall inform Congress
of a decision to exercise this authority not later than the
end of the 3-year period specified in subsection (c).
(e) Nothing in this section shall exempt the pilot
projects from any and all applicable civil rights laws, in-
cluding, but not limited to, Section 102 of the Immigra-
tion Reform and Control Act of 1986, as amended; title
VII of the Civil Rights Act of 1964, as amended; the Age
Discrimination in Employment Act of 1967, as amended;
the Equal Pay Act of 1963, as amended; and the Ameri-
cans with Disabilities Act of 1990, as amended.
(f) In conducting the pilot projects referred to in sub-
section (a), the Attorney General may require appropriate
notice to prospective employees concerning the employers’
participation in the pilot projects. Any notice should con-
tain information for filing complaints with the Attorney
General regarding operation of the pilot projects, includ-
ing discrimination in the hiring and firing of employees
and applicants on the basis of race, national origin, or citi-
zenship status.
SEC. 203. CONFIDENTIALITY OF DATA UNDER EMPLOY-
MENT 
ELIGIBILITY 
VERIFICATION 
PILOT
PROJECTS.
(a) Any personal information obtained in connection
with a pilot project under section 202 may not be made
available to Government agencies, employers, or other per-
sons except to the extent necessary—
(1) to verify that an employee is not an unau-
thorized alien (as defined in section 274A(h)(3) of
the Immigration and Nationality Act (8 U.S.C.
1324a(h)(3)));
(2) to take other action required to carry out
section 202; or
(3) to enforce the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) or sections 911, 1001,
1028, 1546, or 1621 of title 18, United States Code.
(b) No employer may participate in a pilot project
under section 202 unless the employer has in place such
procedures as the Attorney General shall require—
(1) to safeguard all personal information from
unauthorized disclosure and condition redisclosure of
such information to any person or entity upon its
agreement also to safeguard such information; and
(2) to provide notice to all individuals of the
right to request an agency to correct or amend the
individual’s record and the steps to follow to make
such a request.
(c)(1) Any person who is a United States citizen,
United States national, lawful permanent resident, or
other employment authorized alien, and who is subject to
work authorization verification under section 202 shall be
considered an individual under section 552a(a)(2) of title
5, United States Code, but only with respect to records
covered by this section.
(2) For purposes of this section, a record shall mean
an item, collection, or grouping of information about an
individual that is created, maintained, or used by a Fed-
eral agency in the course of a pilot project under section
202 to make a final determination concerning an individ-
ual’s authorization to work in the United States, and that
contains the individual’s name or identifying number,
symbol, or other identifying particular assigned to the in-
dividual.
(d) Whenever an employer or other person willfully
and knowingly—
(1) discloses or uses information for a purpose
other than those permitted under subsection (a); or
(2) fails to comply with a requirement of the
Attorney General pursuant to subsection (b);
after notice and opportunity for an administrative hearing
conducted by the Attorney General or the Commissioner
of Social Security, as appropriate, or by a designee, the
employer or other person shall be subject to a civil money
penalty of not less than $1,000 nor more than $10,000
for each violation. In determining the amount of the pen-
alty, consideration shall be given to the intent of the per-
son committing the violation, the impact of the violation,
and any history of previous violations by the person.
(e) Nothing in this section shall limit the rights and
remedies otherwise available to United States citizens and
lawful permanent residents under section 552a of title 5,
United States Code.
(f) Nothing in this section 202 shall be construed to
authorize, directly or indirectly, the issuance or use of na-
tional identification cards or the establishment of a na-
tional identification card.
SEC. 204. COLLECTION OF SOCIAL SECURITY NUMBERS.
Section 264 of the Immigration and Nationality Act
(8 U.S.C. 1304) is amended by adding at the end a new
subsection (f) to read as follows:
‘‘(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.’’.
SEC. 205. EMPLOYER SANCTIONS PENALTIES.
(a) INCREASED CIVIL MONEY PENALTIES FOR HIR-
ING, RECRUITING, AND REFERRAL VIOLATIONS.—Section
274A(e)(4)(A) of the Immigration and Nationality Act (8
U.S.C. 1324(e)(4)(A)) is amended—
(1) in clause (i), by striking ‘‘$250’’ and
‘‘$2,000’’ and inserting ‘‘$1,000’’ and ‘‘$3,000’’, re-
spectively;
(2) in clause (ii), by striking ‘‘$2,000’’ and
‘‘$5,000’’ and inserting ‘‘$3,000’’ and ‘‘$8,000’’, re-
spectively; and
(3) in clause (iii), by striking ‘‘$3,000’’ and
‘‘$10,000’’ and inserting ‘‘$8,000’’ and ‘‘$25,000’’,
respectively.
(b) INCREASED CIVIL MONEY PENALTIES FOR PA-
PERWORK VIOLATIONS.—Section 274A(e)(5) of the Immi-
gration and Nationality Act (8 U.S.C. 1324a(e)(5)) is
amended by striking ‘‘$100’’ and ‘‘$1,000’’ and inserting
‘‘$200’’ and ‘‘$5,000’’, respectively.
(c) INCREASED CRIMINAL PENALTIES FOR PATTERN
OR PRACTICE VIOLATIONS.—Section 274A(f)(1) of the
Immigration and Nationality Act (8 U.S.C. 1324a(f)(1))
is amended by inserting the phrase ‘‘guilty of a felony and
shall be’’ immediately after the phrase ‘‘subsection
(a)(1)(A) or (a)(2).’’ Section 274A(f)(1) of such Act is
further amended by striking ‘‘$3,000’’ and ‘‘six months’’
and inserting ‘‘$7,000’’ and ‘‘two years’’, respectively.
SEC. 206. CRIMINAL PENALTIES FOR DOCUMENT FRAUD.
(a) FRAUD AND MISUSE OF GOVERNMENT-ISSUED
IDENTIFICATION DOCUMENTS.—Section 1028(b)(1) of
title 18, United States Code, is amended by striking ‘‘five
years’’ and inserting ‘‘10 years’’ and by adding at the end
the following new provision: ‘‘Notwithstanding any other
provision of this title, the maximum term of imprisonment
that may be imposed for an offense under this section—
‘‘(1) if committed to facilitate a drug traffick-
ing crime (as defined in 929(a)) is 15 years; and
‘‘(2) if committed to facilitate an act of inter-
national terrorism (as defined in section 2331) is 20
years.’’.
(b) CHANGES TO THE SENTENCING LEVELS.—Pur-
suant to section 994 of title 28, United States Code, and
section 21 of the Sentencing Act of 1987, the United
States Sentencing Commission shall promptly promulgate
guidelines, or amend existing guidelines, to make appro-
priate increases in the base offense levels for offenses
under section 1028(a) of title 18, United States Code.
SEC. 207. CIVIL PENALTIES FOR DOCUMENT FRAUD.
(a) ACTIVITIES PROHIBITED.—Section 274C(a) of
the Immigration and Nationality Act (8 U.S.C. 1324c(a))
is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(3);
(2) by striking the period and inserting ‘‘; or’’
at the end of paragraph (4); and
(3) by adding at the end the following:
‘‘(5) to present before boarding a common car-
rier for the purpose of coming to the United States
a document that relates to the alien’s eligibility to
enter the United States and to fail to present such
document to an immigration officer upon arrival at
a United States port of entry, or
‘‘(6) in reckless disregard of the fact that the
information is false or does not relate to the appli-
cant, to prepare, to file, or to assist another in pre-
paring or filing, documents which are falsely made
(including but not limited to documents which con-
tain false information, material misrepresentation,
or information which does not relate to the appli-
cant) for the purposes of satisfying a requirement of
this Act.
The Attorney General may waive the penalties of this sec-
tion with respect to an alien who knowingly violates para-
graph (5) if the alien is subsequently granted asylum
under section 208 or withholding of deportation under sec-
tion 243(h). For the purposes of this section, the phrase
‘falsely made any document’ includes the preparation or
provision of any document required under this Act, with
knowledge or in reckless disregard of the fact that such
document contains false, fictitious, or fraudulent state-
ment or material representation, or has no basis in law
or fact, or otherwise fails to state a material fact pertain-
ing to the document.’’.
(b) CONFORMING AMENDMENTS
FOR CIVIL PEN-
ALTIES.—Section 274C(d)(3) of the Immigration and Na-
tionality Act (8 U.S.C. 1324c(d)(3)) is amended by strik-
ing ‘‘each document used, accepted, or created and each
instance of use, acceptance, or creation’’ in each of the
two places it appears and inserting ‘‘each document that
is the subject of a violation under subsection (a)’’.
SEC. 208. SUBPOENA AUTHORITY.
(a) IMMIGRATION OFFICER AUTHORITY.—
(1) Section 274A(e)(2) of the Immigration and
Nationality Act (8 U.S.C. 1324a(e)(2)) is amended
by—
(A) striking at the end of subparagraph
(A) ‘‘and’’;
(B) striking at the end of subparagraph
(B) ‘‘.’’ and inserting ‘‘; and’’; and
(C) adding a new subparagraph (C) to
read as follows:
‘‘(C) immigration officers designated by
the Commissioner may compel by subpoena the
attendance of witnesses and the production of
evidence at any designated place prior to the fil-
ing of a complaint in a case under paragraph
(3).’’.
(2) Section 274C(d)(1) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)(3)(2)) is amend-
ed by—
(A) striking at the end of subparagraph
(A) ‘‘and’’;
(B) striking at the end of subparagraph
(B) ‘‘.’’ and inserting ‘‘, and’’; and
(C) adding a new subparagraph (C) to
read as follows:
‘‘(C) immigration officers designated by
the Commissioner may compel by subpoena the
attendance of witnesses and the production of
evidence at any designated place prior to the fil-
ing of a complaint in a case under paragraph
(2).’’.
(b) SECRETARY
OF LABOR SUBPOENA AUTHOR-
ITY.—The Immigration and Nationality Act is amended
by adding a new section 294 (8 U.S.C. 1364) to read as
follows:
‘‘SEC. 294. SECRETARY OF LABOR SUBPOENA AU-
THORITY.—The Secretary of Labor may issue subpoenas
requiring the attendance and testimony of witnesses or the
production of any records, books, papers, or documents
in connection with any investigation or hearing conducted
in the enforcement of any immigration program for which
the Secretary of Labor has been delegated enforcement
authority under the Act. In such hearing, the Secretary
of Labor may administer oaths, examine witnesses, and
receive evidence. For the purpose of any such hearing or
investigation, the authority contained in sections 9 and 10
of the Federal Trade Commission Act (15 U.S.C. 49, 50),
relating to the attendance of witnesses and the production
of books, papers, and documents, shall be available to the
Secretary of Labor.’’.
SEC. 209. INCREASED PENALTIES FOR EMPLOYER SANC-
TIONS INVOLVING LABOR STANDARDS VIOLA-
TIONS.
(a) Section 274A(e) of the Immigration and Nation-
ality Act (8 U.S.C. 1324a(e)) is amended by adding a new
paragraph (10) to read as follows:
‘‘(10)(A) The administrative law judge shall
have the authority to require payment of a civil
money penalty in an amount up to two times the
level of the penalty prescribed by this subsection in
any case where the employer has been found to have
committed willful or repeated violations of any of the
following statutes:
‘‘(i) The Fair Labor Standards Act (29
U.S.C. 201 et seq.), pursuant to a final deter-
mination by the Secretary of Labor or a court
of competent jurisdiction.
‘‘(ii) The Migrant and Seasonal Agricul-
tural Worker Protection Act (29 U.S.C. 1801 et
seq.), pursuant to a final determination by the
Secretary of Labor or a court of competent ju-
risdiction.
‘‘(iii) The Family and Medical Leave Act
(29 U.S.C. et seq.), pursuant to a final deter-
mination by a court of competent jurisdiction.
‘‘(B) The Secretary of Labor and the Attorney
General shall consult regarding the administration of
the provisions of this paragraph.’’.
(b) Section 274B(g) of the Immigration and Nation-
ality Act (8 U.S.C. 1324b(g)) is amended by adding a new
paragraph (4) to read as follows:
‘‘(4)(A) The administrative law judge shall have
the authority to require payment of a civil money
penalty in an amount up to two times the level of
the penalty prescribed by this subsection in any case
where the employer has been found to have commit-
ted willful or repeated violations of any of the follow-
ing statutes:
‘‘(i) The Fair Labor Standards Act, (29
U.S.C. 201 et seq.), pursuant to a final deter-
mination by the Secretary of Labor or a court
of competent jurisdiction.
‘‘(ii) The Migrant and Seasonal Agricul-
tural Worker Protection Act (29 U.S.C. 1801 et
seq.), pursuant to a final determination by the
Secretary of Labor or a court of competent ju-
risdiction.
‘‘(iii) The Family and Medical Leave Act
(29 U.S.C. 2601 et seq.), pursuant to a final
determination by a court of competent jurisdic-
tion.
‘‘(B) The Secretary of Labor and the Attorney
General shall consult regarding the administration of
the provisions of this paragraph.’’.
(c) Section 274C(d) of the Immigration and Nation-
ality Act (8 U.S.C. 1324c(d)) is amended by adding a new
paragraph (7) to read as follows:
‘‘(7)(A) The administrative law judge shall have
the authority to require payment of a civil money
penalty in an amount up to two times the level of
the penalty prescribed by this subsection in any case
where the employer has been found to have commit-
ted willful or repeated violations of any of the follow-
ing statutes:
‘‘(i) The Fair Labor Standards Act, (29
U.S.C. 201 et seq.), pursuant to a final deter-
mination by the Secretary of Labor or a court
of competent jurisdiction.
‘‘(ii) The Migrant and Seasonal Agricul-
tural Worker Protection Act, (29 U.S.C. 1801
et seq.), pursuant to a final determination by
the Secretary of Labor or a court of competent
jurisdiction.
‘‘(iii) The Family and Medical Leave Act
(29 U.S.C. 2601 et seq.), pursuant to a final
determination by a court of competent jurisdic-
tion.
‘‘(B) The Secretary of Labor and the Attorney
General shall consult regarding the administration of
the provisions of this paragraph.’’.
SEC. 210. INCREASED CIVIL PENALTIES FOR UNFAIR IMMI-
GRATION–RELATED 
EMPLOYMENT 
PRAC-
TICES.
(a) Section 274B(g)(2)(B) of the Immigration and
Nationality Act (8 U.S.C. 1324b(g)(2)(B)) is amended—
(1) in clause (iv)(I), by striking ‘‘$250’’ and
‘‘$2,000’’ and inserting ‘‘$1,000’’ and ‘‘$3,000’’, re-
spectively;
(2) in clause (iv)(II), by striking ‘‘$2,000’’ and
‘‘$5,000’’ and inserting ‘‘$3,000’’ and ‘‘$8,000’’, re-
spectively;
(3) in clause (iv)(III), by striking ‘‘$3,000’’ and
‘‘$10,000’’ and inserting ‘‘$8,000’’ and ‘‘$25,000’’,
respectively; and
(4) in clause (iv)(IV), by striking ‘‘$100’’ and
‘‘$1,000’’ and inserting ‘‘$200’’ and ‘‘$5,000’’, re-
spectively.
SEC. 211. RETENTION OF EMPLOYER SANCTIONS FINES
FOR LAW ENFORCEMENT PURPOSES.
Section 286(c) of the Immigration and Nationality
Act, 8 U.S.C. 1356(c) is amended by striking the period
at the end of the section and by adding the following: ‘‘:
Provided further, That all monies received during each fis-
cal year in payment of penalties under section 274A of
this Act in excess of $5,000,000 shall be credited to the
Immigration and Naturalization Service Salaries and Ex-
penses appropriations account that funds activities and re-
lated expenses associated with enforcement of that section
and shall remain available until expended.’’.
SEC. 212. TELEPHONE VERIFICATION SYSTEM FEE.
Section 274A(d) of the Immigration and Nationality
Act (8 U.S.C. 1324a(d)) is amended by adding at the end
a new paragraph (5) to read as follows:
‘‘(5) 
TELEPHONE
VERIFICATION
SYSTEM
FEE.—
‘‘(A) The Attorney General is authorized
to collect a fee from employers, recruiters, or
referrers who subscribe to participate in a tele-
phone verification system pilot under this sec-
tion.
‘‘(B) Funds collected pursuant to this au-
thorization shall be deposited as offsetting col-
lections to the Immigration and Naturalization
Service Salaries and Expenses appropriations
account solely to fund the costs incurred to pro-
vide alien employment verification services
through such a system.’’.
SEC. 213. AUTHORIZATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out this title. None of the
costs incurred in carrying out this title shall be paid for
out of any trust fund established under the Social Security
Act.
TITLE III—ILLEGAL ALIEN REMOVAL
SEC. 301. CIVIL PENALTIES FOR FAILURE TO DEPART.
The Immigration and Nationality Act is amended by
adding a new section 274D (8 U.S.C. 1324d) to read as
follows:
‘‘CIVIL PENALTIES FOR FAILURE TO DEPART
‘‘SEC. 274D. (a) Any alien subject to a final order
of exclusion and deportation or deportation 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 deportation 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 as offsetting collections for each day the
alien is in violation of this section.
‘‘(b) Nothing in this section shall be construed to di-
minish or qualify any penalties to which an alien may be
subject for activities proscribed by section 242(e) or any
other section of this Act.’’.
SEC. 302. JUDICIAL DEPORTATION.
(a) Section 242A(d)(1) of the Immigration and Na-
tionality Act (8 U.S.C. 1252a(d)(1)) is amended to read
as follows:
‘‘(1) AUTHORITY.—Notwithstanding any other
provision of this Act, a United States district court
shall have jurisdiction to enter a judicial order of de-
portation at the time of sentencing against an alien:
(i) whose criminal conviction for an offense for
which the alien is before the court for sentencing
causes such alien to be deportable under section
241(a)(2)(A), or (ii) who previously has been con-
victed of an aggravated felony at any time, if such
an order has been requested by the United States
Attorney with the concurrence of the Commissioner
and if the court chooses to exercise such jurisdic-
tion.’’.
(b) Section 242A(d)(3) of the Immigration and Na-
tionality Act (8 U.S.C. 1252a(d)(3)(A)) is amended by
striking clauses (ii) and (iii) and by revising clause (i) to
read as follows:
‘‘(i) A judicial order of deportation or
denial of such order may be appealed by
either party. Appellate review of any judi-
cial order of deportation shall be consid-
ered as part of the underlying criminal
case and subject to all the procedures and
filing deadlines governing criminal ap-
peals.’’.
(c) Section 242A(d)(4) of the Immigration and Na-
tionality Act (8 U.S.C. 1252a(d)(4)) is amended by strik-
ing ‘‘without a decision on the merits’’.
(d) The last sentence of section 3583(d)(3) of title
18, United States Code is amended to read as follows: ‘‘If
an alien defendant is subject to deportation, the court may
provide, as a condition of supervised release, that he or
she be ordered deported by the Attorney General, pursu-
ant to the procedures in the Immigration and Nationality
Act, and remain outside the United States, and the court
may order that he or she be delivered to a duly authorized
immigration official for such deportation.’’.
SEC. 303. CONDUCT OF PROCEEDINGS BY ELECTRONIC
MEANS.
Section 242(b) of the Immigration and Nationality
Act (8 U.S.C. 1252(b)) is amended by inserting at the
end the following: ‘‘Nothing in this subsection shall pre-
clude the Attorney General from authorizing proceedings
by video electronic media, by telephone, or, where waived
or agreed to by the parties, in the absence of the alien.
Contested full evidentiary hearings on the merits may be
conducted by telephone only with the consent of the
alien.’’.
SEC. 304. SUBPOENA AUTHORITY.
(a) Section 236(a) of the Immigration and National-
ity Act (8 U.S.C. 1226(a)) is amended by inserting ‘‘issue
subpoenas,’’ in the first sentence after ‘‘evidence,’’.
(b) Section 242(b) of the Immigration and National-
ity Act (8 U.S.C. 1252(b)) is amended by inserting ‘‘issue
subpoenas,’’ in the first sentence after ‘‘evidence,’’.
SEC. 305. STIPULATED EXCLUSION AND DEPORTATION.
(a) Section 236 of the Immigration and Nationality
Act (8 U.S.C. 1226) is amended by adding at the end of
subsection (a) the following new paragraph:
‘‘(4) STIPULATED EXCLUSION AND DEPORTA-
TION.—The Attorney General shall provide by regu-
lation for the entry by an immigration judge of an
order of exclusion and deportation stipulated to by
the alien and the Service. Such an order may be en-
tered without a personal appearance by the alien be-
fore the immigration judge. A stipulated order shall
constitute a conclusive determination of the alien’s
excludability and deportability from the United
States.’’.
(b) Section 242 of the Immigration and Nationality
Act (8 U.S.C. 1252) is amended in subsection (b) by strik-
ing the sentence immediately following paragraph (4) and
inserting the following: ‘‘The Attorney General shall fur-
ther provide by regulation for the entry by an immigration
judge of an order of deportation stipulated to by the alien
and the Service. Such an order may be entered without
a personal appearance by the alien before the immigration
judge. A stipulated order shall constitute a conclusive de-
termination of the alien’s deportability from the United
States. The procedures so prescribed shall be the sole and
exclusive procedures for determining the deportability of
an alien under this section.’’.
SEC. 306. STREAMLINING APPEALS FROM ORDERS OF EX-
CLUSION AND DEPORTATION.
(a) Section 106 of the Immigration and Nationality
Act (8 U.S.C. 1105a) is amended to read as follows:
‘‘JUDICIAL REVIEW OF ORDERS OF DEPORTATION,
EXCLUSION, AND SPECIAL EXCLUSION
‘‘SEC. 106 (a) APPLICABLE PROVISIONS.—Judicial
review of a final order of exclusion or deportation is gov-
erned only by chapter 158 of title 28 of the United States
Code, except as provided in subsection (b): Provided, how-
ever, That no court may order the taking of additional evi-
dence pursuant to section 2347(c) of title 28, United
States Code.
‘‘(b) REQUIREMENTS.—
‘‘(1) A petition for review must be filed not
later than 30 days after the date of the final order
of exclusion or deportation.
‘‘(2) A petition for review shall be filed with the
court of appeals for the judicial circuit in which the
immigration judge completed the proceedings.
‘‘(3) THE
RESPONDENT
IS
THE
ATTORNEY
GENERAL.—The petition shall be served on the At-
torney General and on the officer or employee of the
Immigration and Naturalization Service in charge of
the Service district in which the final order of exclu-
sion or deportation was entered. Service of the peti-
tion on the officer or employee stays the deportation
of an alien pending the court’s decision on the peti-
tion, unless the court orders otherwise. However, if
the alien has been convicted of an aggravated felony,
or the alien is under an order of exclusion, service
of the petition does not stay the deportation unless
the court orders otherwise.
‘‘(4) Except as provided in paragraph (5)(B) of
this subsection, the court of appeals shall decide the
petition only on the administrative record on which
the order of exclusion or deportation is based and
the Attorney General’s findings of fact shall be con-
clusive unless a reasonable adjudicator would be
compelled to conclude to the contrary.
‘‘(5)(A) If the petitioner claims to be a national
of the United States and the court of appeals finds
from the pleadings and affidavits that no genuine
issue of material fact about the petitioner’s national-
ity is presented, the court shall decide the national-
ity claim.
‘‘(B) If the petitioner claims to be a national of
the United States and the court of appeals finds
that a genuine issue of material fact about the peti-
tioner’s nationality is presented, the court shall
transfer the proceeding to the district court of the
United States for the judicial district in which the
petitioner resides for a new hearing on the national-
ity claim and a decision on that claim as if an action
had been brought in the district court under section
2201 of title 28, United States Code.
‘‘(C) The petitioner may have the nationality
claim decided only as provided in this section.
‘‘(6)(A) If the validity of an order of deporta-
tion has not been judicially decided, a defendant in
a criminal proceeding charged with violating sub-
section (d) or (e) of section 242 may challenge the
validity of the order in the criminal proceeding only
not file a petition for review under this section dur-
ing the criminal proceeding. The defendant may
have the nationality claim decided only as provided
in this section.
‘‘(7) This subsection—
‘‘(A) does not prevent the Attorney Gen-
eral, after a final order of deportation has been
issued, from detaining the alien under section
242(c);
‘‘(B) does not relieve the alien from com-
plying with subsection (d) or (e) of section 242;
and
‘‘(C) except as provided in paragraph (3)
of this subsection, does not require the Attorney
General to defer deportation of the alien.
‘‘(8) The record and briefs do not have to be
printed. The court of appeals shall review the pro-
ceeding on a typewritten record and on typewritten
briefs.’’
‘‘(c) REQUIREMENTS FOR PETITION.—A petition for
review of an order of deportation shall state whether a
court has upheld the validity of the order, and, if so, shall
state the name of the court, the date of the court’s ruling,
and the kind of proceeding.
‘‘(d) REVIEW OF FINAL ORDERS.—A court may re-
view a final order of deportation only if—
‘‘(1) the alien has exhausted all administrative
remedies available to the alien as of right; or
‘‘(2) another court has not decided the validity
of the order, unless the reviewing court finds that
the petition presents grounds that could not have
been presented in the prior judicial proceeding or
that the remedy provided by the prior proceeding
was inadequate or ineffective to test the validity of
the order.
‘‘(e) LIMITED REVIEW FOR NON-PERMANENT RESI-
DENTS CONVICTED OF AGGRAVATED FELONIES.—
‘‘(1) A petition for review filed by an alien
against whom a final order of deportation has been
issued under section 242A may challenge only
whether—
‘‘(A) the alien is the alien described in the
order;
‘‘(B) the alien is an alien described in sec-
tion 242A(b)(2) and has been convicted after
entry into the United States of an aggravated
felony; and
‘‘(C) the alien was afforded the procedures
described in section 242A(b)(4).
‘‘(2) A court reviewing the petition has jurisdic-
tion only to review the issues described in paragraph
(1).
‘‘(f) SPECIAL
EXCLUSION.—Notwithstanding any
other provision of law, except as provided in this sub-
section, no court shall have jurisdiction to review any indi-
vidual determination or to entertain any other cause or
claim arising from or relating to the implementation or
operation of the special exclusion provisions contained in
section 235(d); except as provided herein, there shall be
no judicial review of: (i) a decision by the Attorney Gen-
eral to invoke the provisions of section 235(d), (ii) the ap-
plication of section 235(d) to individual aliens, including
the determination made under paragraphs 5 and 6, or (iii)
procedures and policies adopted by the Attorney General
to implement the provisions of section 235(d). Regardless
of the nature of the action or claim or of the identity of
the party or parties bringing the action, no court shall
have jurisdiction or authority to enter declaratory, injunc-
tive, or other equitable relief not specifically authorized in
this subsection, or to certify a class under rule 23 of the
Federal Rules of Civil Procedure.
‘‘(1) Judicial review of any cause, claim, or in-
dividual determination made or arising under or per-
taining to special exclusion under section 235(d)
shall only be available in habeas corpus proceedings,
and shall be limited to determinations of: (i) whether
the petitioner is an alien, (ii) whether the petitioner
was ordered specially excluded, and (iii) whether the
petitioner can prove by a preponderance of the evi-
dence that he or she is an alien lawfully admitted for
permanent residence and is entitled to such further
inquiry as prescribed by the Attorney General pursu-
ant to section 235(d)(3).
‘‘(2) In any case where the court determines
that the petitioner: (i) is an alien who was not or-
dered specially excluded, or (ii) has demonstrated by
a preponderance of the evidence that he or she is a
lawful permanent resident, the court may order no
remedy or relief other than to require that the peti-
tioner be provided a hearing in accordance with sec-
tion 236 or a determination in accordance with sec-
tions 235(a) or 273(d). Any alien who is provided a
hearing under section 236 pursuant to these provi-
sions may thereafter obtain judicial review of any re-
sulting final order of exclusion pursuant to this sec-
tion.
‘‘(3) In determining whether an alien has been
ordered specially excluded, the court’s inquiry shall
be limited to whether such an order in fact was is-
sued and whether it relates to the petitioner. There
shall be no review of whether the alien is actually ex-
cludable or entitled to any relief from exclusion.’’.
SEC. 307. SANCTIONS AGAINST COUNTRIES REFUSING TO
ACCEPT DEPORTATION OF THEIR NATION-
ALS.
Section 243(g) of the Immigration and Nationality
Act (8 U.S.C. 1253(g)) is amended to read as follows:
‘‘(g) DISCONTINUING GRANTING VISAS WHEN COUN-
TRY DENIES OR DELAYS ACCEPTING ALIEN.—On being
notified by the Attorney General that the government of
a foreign country denies or unreasonably delays accepting
an alien who is a citizen, subject, national, or resident of
that country after the Attorney General asks whether the
government will accept the alien under this section, the
Secretary of State may order consular officers in that for-
eign country to discontinue granting such classes of visas
as the Secretary shall deem appropriate to citizens, sub-
jects, nationals, and residents of that country until the At-
torney General notifies the Secretary that the country has
accepted the alien.’’.
SEC. 308. CUSTODY OF ALIENS CONVICTED OF AGGRA-
VATED FELONIES.
(a) Section 236 of the Immigration and Nationality
Act (8 U.S.C. 1226) is amended in paragraph (e)(2) by
inserting after ‘‘unless’’ the following subparagraph:
‘‘(A) the Attorney General determines,
pursuant to section 3521 of title 18, United
States Code, that release from custody is nec-
essary to provide protection to a witness, a po-
tential witness, a person cooperating with an in-
vestigation into major criminal activity, or an
immediate family member or close associate of
a witness, potential witness, or person cooperat-
ing with such an investigation or (B).’’.
(b) Section 242 of the Immigration and Nationality
Act (8 U.S.C. 1252) is amended by revising paragraph
(a)(2) to read as follows:
‘‘(2)(A) The Attorney General shall take into
custody any alien convicted of an aggravated felony
when the alien is released. This requirement shall
apply whether the alien is released on parole, super-
vised release, or probation, or may be arrested or
imprisoned again for the same offense.
‘‘(B) The Attorney General may release the
alien only if the alien—
‘‘(i) was lawfully admitted to the United
States and satisfies the Attorney General that
the alien is not a threat to the community and
is likely to appear for any scheduled proceeding;
or
‘‘(ii) the Attorney General decides pursu-
ant to section 3521 of title 18, United States
Code, that release from custody is necessary to
provide protection to a witness, a potential wit-
ness, a person cooperating with an investigation
into major criminal activity, or an immediate
family member or close associate of a witness,
potential witness, or person cooperating with
such an investigation.’’.
SEC. 309. LIMITATIONS ON RELIEF FROM EXCLUSION AND
DEPORTATION.
(a) Section 212(c) of the Immigration and National-
ity Act (8 U.S.C. 1182(c)) is revised to read as follows:
‘‘(c) An alien who is and has been lawfully admitted
for permanent residence for at least 5 years, who has re-
sided in the United States continuously for 7 years after
having been lawfully admitted, and who is returning to
such residence after having temporarily proceeded abroad
voluntarily and not under an order of deportation, may
be admitted in the discretion of the Attorney General with-
out regard to the provisions of subsection (a) (other than
paragraphs (3) and (9)(C)). For purposes of this sub-
section, any period of continuous residence shall be
deemed to end when the alien is placed in proceedings to
exclude the alien from the United States. Nothing con-
tained in this subsection shall limit the authority of the
Attorney General to exercise the discretion authorized
under section 211(b). The first sentence of this subsection
shall not apply to an alien who has been convicted of one
or more aggravated felonies and has been sentenced for
such felony or felonies to a term of imprisonment of at
least 5 years. This subsection shall apply only to an alien
in proceedings under section 236.’’.
(b) Section 244 of the Immigration and Nationality
Act (8 U.S.C. 1254) is revised to read as follows:
‘‘SEC. 244(a). CANCELLATION OF DEPORTATION.—
The Attorney General may cancel deportation in the case
of an alien who is deportable from the United States
and—
‘‘(1) is and has been a lawful permanent resi-
dent for at least 5 years who has resided in the
United States continuously for 7 years after being
lawfully admitted and has not been convicted of an
aggravated felony or felonies for which the alien has
been sentenced, in the aggregate, to a term of im-
prisonment of at least 5 years; or
‘‘(2) has been physically present in the United
States for a continuous period of not less than 7
years since entering the United States; has been a
person of good moral character during such period;
and establishes that deportation would result in ex-
treme hardship to the alien or the alien’s spouse,
parent, or child, who is a citizen of the United
States or an alien lawfully admitted for permanent
residence.
For purposes of this section, any period of continuous resi-
dence or continuous physical presence in the United States
shall be deemed to end when the alien is served an order
to show cause pursuant to section 242B(a)(1). An alien
shall be considered to have failed to maintain continuous
physical presence in the United States under paragraph
(2) if the alien was absent from the United States for any
single period of more than 90 days or an aggregate period
of more than 180 days. No person who is deportable under
section 241(a)(2)(C) or 241(a)(4) shall be eligible for re-
lief under this section. No person who has been convicted
of an aggravated felony shall be eligible for relief under
paragraph (2) of this section.
‘‘(b) CONTINUOUS PHYSICAL PRESENCE NOT RE-
QUIRED BECAUSE OF HONORABLE SERVICE IN ARMED
FORCES AND PRESENCE UPON ENTRY INTO SERVICE.—
The requirements of continuous residence or continuous
physical presence in the United States specified in sub-
sections (a)(1) and (a)(2) of this section shall not be appli-
cable to an alien who—
‘‘(1) has served for a minimum period of twen-
ty-four months in an active-duty status in the
Armed Forces of the United States and, if separated
from such service, was separated under honorable
conditions, and
‘‘(2) at the time of his or her enlistment or in-
duction was in the United States.
‘‘(c) ADJUSTMENT OF STATUS.—The Attorney Gen-
eral may cancel deportation and adjust to the status of
an alien lawfully admitted for permanent residence any
alien who the Attorney General decides meets the require-
ments of subsection (a)(2). The Attorney General shall
record the alien’s lawful admission for permanent resi-
dence as of the date the Attorney General decides to cancel
removal.
‘‘(d) VOLUNTARY DEPARTURE.—(1) The Attorney
General may in his or her discretion permit an alien volun-
tarily to depart the United States at the alien’s own ex-
pense—
‘‘(A) in lieu of being subject to deportation pro-
ceedings under section 242 or prior to the comple-
tion of such proceedings, if the alien is not a person
deportable under section 241(a)(2)(A)(iii) or section
241(a)(4). The Attorney General may require the
alien to post a voluntary departure bond, to be sur-
rendered upon proof that the alien has departed the
United States within the time specified. If any alien
who is authorized to depart voluntarily under this
paragraph is financially unable to depart at his or
her own expense and the Attorney General deems
the alien’s removal to be in the best interest of the
United States, the expense of such removal may be
paid from the appropriation for enforcement of this
Act; or
‘‘(B) at the conclusion of a proceeding under
section 242, only if the immigration judge deter-
mines that—
‘‘(i) the alien is, and has been, a person of
good moral character for at least five years im-
mediately preceding his or her application for
voluntary departure;
‘‘(ii) the alien is not deportable under sec-
tion 241(a)(2)(A)(iii) or section 241(a)(4); and
‘‘(iii) the alien establishes by clear and
convincing evidence that he or she has the
means to depart the United States and intends
to do so. The alien shall be required to post a
voluntary departure bond, in an amount nec-
essary to ensure that the alien will depart, to be
surrendered upon proof that the alien has de-
parted the United States within the time speci-
fied.
‘‘(2) If the alien fails voluntarily to depart the United
States within the time period specified in accordance with
subparagraphs (1) or (2), the alien shall be subject to a
civil penalty of not more than $500 per day and be ineli-
gible for any further relief under this paragraph or para-
graph (b).
‘‘(3) The Attorney General may by regulation limit
eligibility for voluntary departure for any class or classes
of aliens. No court may review any regulation issued under
this subparagraph.
‘‘(4) An alien may appeal from denial of a request
for an order of voluntary departure under subparagraph
(2) in accordance with the procedures in section 106, pro-
vided that no court shall have jurisdiction over an appeal
regarding the length of voluntary departure where the
alien has been granted voluntary departure of 30 days or
more. Notwithstanding the pendency of an appeal by an
alien of a denial of voluntary departure or a grant of vol-
untary departure of less than 30 days, the alien shall be
removable from the United States 60 days after entry of
the order of deportation. No court may order a stay of
such removal. The alien’s removal from the United States
shall not moot the appeal.
‘‘(e) ALIEN CREWMEN; NONIMMIGRANT EXCHANGE
ALIENS ADMITTED TO RECEIVE GRADUATE MEDICAL
EDUCATION OR TRAINING; OTHER.—The provisions of
subsection (a) of this section shall not apply to an alien
who—
‘‘(1) entered the United States as a crewman
subsequent to June 30, 1964;
‘‘(2) was admitted to the United States as a
nonimmigrant exchange alien as defined in section
101(a)(15)(J), or has acquired the status of such a
nonimmigrant exchange alien after admission, in
order to receive graduate medical education or train-
ing, regardless of whether or not the alien is subject
to or has fulfilled the two-year foreign residence re-
quirement of section 212(e); or
‘‘(3)(A) was admitted to the United States as
a nonimmigrant exchange alien as defined in section
101(a)(15)(J) or has acquired the status of such a
nonimmigrant exchange alien after admission other
than to receive graduate medical education or train-
ing, (B) is subject to the two-year foreign residence
requirement of section 212(e), and (C) has not ful-
filled that requirement or received a waiver thereof,
or in the case of a foreign medical graduate who has
received a waiver pursuant to section 220 of the Im-
migration and Nationality Technical Corrections Act
of 1994, Public Law 103–416, has not fulfilled the
requirements of section 214(k).’’.
(c) CONFORMING AMENDMENTS.—
(1) Section 242(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1252(b)) is amended by
striking the last two sentences.
(2) Section 242B of the Immigration and Na-
tionality Act (8 U.S.C. 1252b) is amended—
(A) in paragraph (e)(2)—
(i) by striking ‘‘section 244(e)(1)’’
and inserting ‘‘section 244(d)’’, and
(ii) by striking ‘‘section 242(b)(1)’’
and inserting ‘‘section 244(d)’’; and
(B) in paragraph (e)(5)—
require the Attorney General to rescind the alien’s status
prior to commencement of procedures to deport the alien
under section 242 and 242A, and an order of deportation
issued by an immigration judge shall be sufficient to re-
scind the alien’s status.’’.
SEC. 311. INCREASING EFFICIENCY IN REMOVAL OF DE-
TAINED ALIENS.
(a) There are authorized to be appropriated such
funds as may be necessary for the Attorney General to
conduct a pilot program or programs to study methods
for increasing the efficiency of deportation and exclusion
proceedings against detained aliens by increasing the
availability of pro bono counseling and representation for
such aliens. Any such pilot program may provide for ad-
ministrative grants to not-for-profit organizations involved
in the counseling and representation of aliens in immigra-
tion proceedings. An evaluation component shall be in-
cluded in any such pilot program to test the efficiency and
cost effectiveness of the services provided and the
replicability of such programs at other locations.
(b) Nothing in this section shall be regarded as creat-
ing a right to be represented in exclusion or deportation
proceedings at the expense of the Government.
TITLE IV—ALIEN SMUGGLING CONTROL
SEC. 401. WIRETAP AUTHORITY FOR INVESTIGATIONS OF
ALIEN SMUGGLING AND DOCUMENT FRAUD.
Section 2516(l) of title 18, United States Code, is
amended—
(a) in paragraph (c), by inserting after
‘‘trains)’’ the following: ‘‘or a felony violation of sec-
tion 1028 (relating to production of false identifica-
tion documentation), section 1541 (relating to pass-
port issuance without authority), section 1542 (re-
lating to false statements in passport applications),
section 1543 (relating to forgery or false use of
passport), section 1544 (relating to misuse of pass-
port), section 1546 (relating to fraud or misuse of
visas, permits, or other documents)’’;
(b) by striking ‘‘or’’ after paragraph (l);
(c) by redesignating paragraphs (m), (n), and
(o) as paragraphs (n), (o), and (p), respectively; and
(d) by inserting after paragraph (l) the follow-
ing new paragraph:
‘‘(m) a violation of section 274, 277, or 278 of
the Immigration and Nationality Act (relating to the
smuggling of aliens);’’.
SEC. 402. APPLYING RACKETEERING OFFENSES TO ALIEN
SMUGGLING.
Section 1961(l) of title 18, United States Code, is
amended—
(a) by striking ‘‘or’’ after ‘‘law of the United
States,’’;
(b) by inserting ‘‘or’’ at the end of clause (E);
and
(c) by adding at the end the following:
‘‘(F) any act, or conspiracy to commit any
act, in violation of section 274(a)(1)(A)(v), 277,
or 278 of the Immigration and Nationality Act
(8 U.S.C. 1324(a)(1)(A)(v), 1327, or 1328).’’.
SEC. 403. EXPANDED ASSET FORFEITURE FOR SMUGGLING
OR HARBORING ALIENS.
Section 274 of the Immigration and Nationality Act
of 1952, as amended (8 U.S.C. 1324) is amended—
(a) by amending paragraph (b)(1) to read as
follows:
‘‘(b) SEIZURE AND FORFEITURE.—(1) The following
property shall be subject to seizure and forfeiture:
‘‘(A) Any conveyance, including any vessel, ve-
hicle, or aircraft, which has been or is being used in
the commission of a violation of subsection (a); ex-
cept that—
‘‘(i) no conveyance used by any person as
a common carrier in the transaction of business
as a common carrier shall be forfeited under
the provisions of this section unless it shall ap-
pear that the owner or other person in charge
of such conveyance was a consenting party or
privy to the illegal act; and
‘‘(ii) no conveyance shall be forfeited under
the provisions of this section by reason of any
act or omission established by the owner thereof
to have been committed or omitted by any per-
son other than such owner while such convey-
ance was unlawfully in the possession of a per-
son other than such owner in violation of the
criminal laws of the United States, or of any
State.
‘‘(B) Any property, real or personal, (i) that
constitutes, or is derived from or is traceable to the
proceeds obtained directly or indirectly from the
commission of a violation of subsection (a), or (ii)
that is used to facilitate, or is intended to be used
to facilitate, the commission of a violation of sub-
paragraph (a)(1)(A), except that no property shall
be forfeited under this paragraph, to the extent of
an interest of an owner, by reason of any act or
omission established by that owner to have been
committed or omitted by any other person other
than such owner without knowledge or consent of
that owner.’’; and
(b) in paragraph (b)(2)—
(1) by striking ‘‘conveyances’’ both places
it appears and inserting ‘‘property’’; and
(2) by striking ‘‘is being used in’’ and in-
serting ‘‘is being used in, is facilitating, has fa-
cilitated, is facilitating or was intended to facili-
tate’’;
(3) in paragraph (3)—
(A) by inserting ‘‘(A)’’ immediately
after ‘‘(3)’’, and
(B) by adding at the end the follow-
ing:
‘‘(B) Before the seizure of any real property
pursuant to this section the Attorney General shall
provide notice and opportunity to be heard to the
owner of the property. The Attorney General shall
prescribe such regulations as may be necessary to
carry out this paragraph.’’;
(4) in paragraphs (b)(4) and (b)(5) by
striking each place they appear the phrase ‘‘a
conveyance’’ and the word ‘‘conveyance’’ and in-
serting ‘‘property’’; and
(5) by redesignating subsection (c) to be
subsection (d) and inserting the following new
subsection (c):
‘‘(c) CRIMINAL FORFEITURE.—
‘‘(1) Any person convicted of a violation of sub-
section (a) shall forfeit to the United States, irre-
spective of any provision of State law—
‘‘(A) any conveyance, including any vessel,
vehicle, or aircraft used in the commission of a
violation of subsection (a); and
‘‘(B) any property real or personal—
‘‘(i) that constitutes, or is derived
from or is traceable to the proceeds ob-
tained directly or indirectly from the com-
mission of a violation of subsection (a), or
‘‘(ii) that is used to facilitate, or is in-
tended to be used to facilitate, the commis-
sion of a violation of subparagraph
(a)(1)(A).
The court, in imposing sentence on such person,
shall order that the person forfeit to the United
States all property described in this subsection.
‘‘(2) The criminal forfeiture of property under
this subsection, including any seizure and disposition
of the property and any related administrative or ju-
dicial proceeding shall be governed by the provisions
of section 413 of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C.
853), except for subsections 413(a) and 413(d)
which shall not apply to forfeitures under this sub-
section.’’.
SEC. 404. INCREASED CRIMINAL PENALTIES FOR ALIEN
SMUGGLING.
Section 274(a) of the Immigration and Nationality
Act (8 U.S.C. 1324(a)) is amended—
(a) in subsection (a)(1)(A)—
(A) by striking ‘‘or’’ at the end of clause
(iii);
(B) by striking the comma at the end of
clause (iv) and inserting ‘‘; or’’; and
(C) by adding at the end the following new
clause:
‘‘(v)(I) engages in any conspiracy to
commit any of of the preceding acts, or
(II) aids or abets the commission of any of
the preceding acts.’’;
(b) in subsection (a)(1)(B)—
(A) in clause (i), by inserting ‘‘or (v)(I)’’
after ‘‘(A)(i)’’;
(B) in clause (ii), by striking ‘‘or (iv)’’ and
inserting ‘‘(iv), or (v)(II)’’;
(C) in clause (iii), by striking ‘‘or (iv)’’ and
inserting ‘‘(iv), or (v)’’;
(c) in subsection (a)(1)(B) by adding at the end
the following new paragraph:
‘‘(3) Any person who hires for employment an
alien—
‘‘(A) knowing that such alien is an unau-
thorized alien (as defined in section 274A(h)(3),
and
(B) knowing that such alien has been
brought into the United States in violation of
this subsection,
shall be fined under title 18, United States Code,
and shall be imprisoned for not more than 5 years.’’;
and
(d) in subsection (a)(2)(A)—
(1) by striking the period after clause (iv)
and adding a new clause (v) to read as follows:
‘‘(v) an offense committed with the in-
tent or with reason to believe that the alien
unlawfully brought into the United States
will commit an offense against the United
States or any State punishable by impris-
onment for more than 1 year.’’; and
(2) in subparagraph (B) by adding ‘‘(v)’’
after ‘‘(A)(i)’’ in clause (i).
SEC. 405. UNDERCOVER INVESTIGATION AUTHORITY.
(a) With respect to any undercover investigative oper-
ation of the Immigration and Naturalization Service which
is necessary for the detection and prosecution of crimes
against the United States—
(1) sums authorized to be appropriated for the
Immigration and Naturalization Service by this Act
may be used for leasing space within the United
States, the District of Columbia, and the territories
and possessions of the United States without regard
to section 3679(a) of the Revised Statutes (31
U.S.C. 1341), section 3732(a) of the Revised Stat-
utes (41 U.S.C. 11(a)), section 305 of the Act of
June 30, 1949 (63 Stat. 396; 41 U.S.C. 255), the
third undesignated paragraph under the heading
‘‘Miscellaneous’’ of the Act of March 3, 1877 (19
Stat. 370; 40 U.S.C. 34), section 3648 of the Re-
vised Statutes (31 U.S.C. 3324), section 3741 of the
Revised Statutes (41 U.S.C. 22), and subsections (a)
and (c) of section 304 of the Federal Property and
Administrative Services Act of 1949 (63 Stat. 395;
41 U.S.C. 254 (a) and (c));
(2) sums authorized to be appropriated for the
Immigration and Naturalization Service by this Act
may be used to establish or to acquire proprietary
corporations or business entities as part of an un-
dercover operation, and to operate such corporations
or business entities on a commercial basis, without
regard to the provisions of section 304 of the Gov-
ernment Corporation Control Act (31 U.S.C. 9102);
(3) sums authorized to be appropriated for the
Immigration and Naturalization Service by this Act,
and the proceeds from such undercover operation,
may be deposited in banks or other financial institu-
tions without regard to the provisions of section 648
of Title 18 of the United States Code, and section
3639 of the Revised Statutes (31 U.S.C. 3302); and
(4) the proceeds from such undercover oper-
ation may be used to offset necessary and reasonable
expenses incurred in such operation without regard
to the provisions of section 3617 of Revised Statutes
(31 U.S.C. 3302).
The authorization set forth in this section may be exer-
cised only upon written certification of the Commissioner
of the Immigration and Naturalization Service, in con-
sultation with the Deputy Attorney General, that any ac-
tion authorized by paragraph (1), (2), (3), or (4) is nec-
essary for the conduct of such undercover operation.
(b) As soon as practicable after the proceeds from
an undercover investigative operation, carried out under
paragraphs (3) and (4) of subsection (a), are no longer
necessary for the conduct of such operation, such proceeds
or the balance of such proceeds remaining at the time shall
be deposited into the Treasury of the United States as
miscellaneous receipts.
(c) If a corporation or business entity established or
acquired as part of an undercover operation under para-
graph (2) of subsection (a) with a net value of over
$50,000 is to be liquidated, sold, or otherwise disposed
of, the Immigration and Naturalization Service, as much
in advance as the Commissioner or his or her designee
determines practicable, shall report the circumstances to
the Attorney General, the Director of the Office of Man-
agement and Budget, and the Comptroller General. The
proceeds of the liquidation, sale, or other disposition, after
obligations are met, shall be deposited in the Treasury of
the United States as miscellaneous receipts.
(d) The Immigration and Naturalization Service shall
conduct detailed financial audits of closed undercover op-
erations on a quarterly basis and shall report the results
of the audits in writing to the Deputy Attorney General.
SEC. 406. AMENDED DEFINITION OF AGGRAVATED FELONY.
(a) IN GENERAL.—Section 101(a)(43) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(43)), as
amended by section 222 of the Immigration and National-
ity Technical Corrections Act of 1994 (Public Law 103–
416), is amended—
(1) in subparagraph (N), by striking ‘‘of title
18, United States Code’’; and
(2) in subparagraph (O), by striking ‘‘which
constitutes’’ and all that follows up to the semicolon
at the end and inserting ‘‘, for the purpose of com-
mercial advantage’’.
(b) EFFECTIVE DATE
OF CONVICTION.—Section
101(a)(43) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(43)), as amended by section 222(b) of the
Immigration and Nationality Technical Corrections Act of
1994 (Public Law 103–416) is amended by adding at the
end the following sentence: ‘‘Notwithstanding any other
provision of law, the term applies for all purposes to con-
victions entered before, on, or after the date of enactment
of this Act.’’.
(c) APPLICATION TO WITHHOLDING OF DEPORTA-
TION.—Section 243(h) of the Immigration and National-