I
103D CONGRESS
1ST SESSION
H. R. 1355
To amend the Immigration and Nationality Act with respect to exclusion
for admissions fraud, procedures for inspecting aliens seeking entry to
the United States, and increasing penalties for certain alien smuggling.
IN THE HOUSE OF REPRESENTATIVES
MARCH 16, 1993
Mr. MCCOLLUM (for himself, Mr. SMITH of Texas, Mr. CANADY, Mr. BEREU-
TER, Mr. COMBEST, Mr. CUNNINGHAM, Mr. ARCHER, Mr. GALLEGLY,
and Mr. RIDGE) introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act with respect
to exclusion for admissions fraud, procedures for inspect-
ing aliens seeking entry to the United States, and in-
creasing penalties for certain alien smuggling.
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 ‘‘Exclusion and Asylum
Reform Amendments of 1993’’.
SEC. 2. ADMISSIONS FRAUD.
(a) EXCLUSION FOR FRAUDULENT DOCUMENTS AND
FAILURE
TO
PRESENT
DOCUMENTS.—Section
212(a)(6)(C) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(C)) is amended—
(1) by striking ‘‘(C) MISREPRESENTATION’’ and
inserting in lieu thereof the following:
‘‘(C) FRAUD, MISREPRESENTATION, AND
FAILURE TO PRESENT DOCUMENTS’’;
(2) by adding at the end the following new
clause:
‘‘(iii) FRAUDULENT DOCUMENTS AND
FAILURE TO PRESENT DOCUMENTS.—
‘‘(I) Any alien who, in seeking
entry to the United States or board-
ing a common carrier for the purpose
of coming to the United States, pre-
sents any document which, in the de-
termination of the immigration offi-
cer, is forged, counterfeit, altered,
falsely made, stolen, or inapplicable to
the alien presenting the document, or
otherwise contains a misrepresenta-
tion of a material fact, is excludable.
‘‘(II) Any alien who, in boarding
a common carrier for the purpose of
coming to the United States, presents
a document that relates or purports to
relate to the alien’s eligibility to enter
the United States, and fails to present
such document to an immigration offi-
cer upon arrival at a port of entry
into the United States, is exclud-
able.’’.
(b) AVAILABILITY OF ASYLUM AND OTHER DISCRE-
TIONARY RELIEF.—
(1) Section 208 of the Immigration and Nation-
ality Act (8 U.S.C. 1158) is amended by adding at
the end the following new subsection:
‘‘(e)(1) APPLICATION OF FRAUD EXCLUSION.—Not-
withstanding subsection (a) and except as provided in
paragraph (2), any alien who is excludable under section
212(a)(6)(C)(iii) or section 212(a)(7)(A)(i) may not apply
for or be granted asylum.
‘‘(2) EXCEPTION.—The limitation under paragraph
(1) shall not apply if the action upon which the exclusion
is based was pursuant to direct departure from a country
in which (A) the alien has a credible fear of persecution,
or (B) there is a significant danger that the alien would
be returned to a country in which the alien would have
a credible fear of persecution.
‘‘(3) DEFINITION.—As used in this subsection, the
term ‘credible fear of persecution’ means (A) that it is
more probable than not that the statements made by the
alien in support of his or her claim are true, and (B) that
there is a significant possibility, in light of such state-
ments and of such other facts as are known to the officer
about country conditions, that the alien could establish eli-
gibility as a refugee within the meaning of section
101(a)(42)(A).’’.
(2) Section 212(c) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(c)) is amended in the
third sentence by inserting before the period ‘‘or to
any alien who is excludable pursuant to section
212(a)(6)(C)(iii)’’.
SEC. 3. INSPECTION AND EXCLUSION BY IMMIGRATION OF-
FICERS.
Section 235(b) of the Immigration and Nationality
Act (8 U.S.C. 1225(b)) is amended to read as follows:
‘‘(b) INSPECTION AND EXCLUSION BY IMMIGRATION
OFFICERS.—
‘‘(1) An immigration officer shall inspect each
alien who is seeking entry to the United States.
‘‘(2)(A) If the examining immigration officer
determines that an alien seeking entry—
‘‘(i)(I) 
is 
excludable 
under 
section
212(a)(6)(C)(iii), or
‘‘(II) 
is 
excludable 
under 
section
212(a)(7)(A)(i),
‘‘(ii) does not have any reasonable basis for
legal entry into the United States, and
‘‘(iii) does not indicate an intention to
apply for asylum under section 208,
the alien shall be specially excluded from entry into
the United States without a hearing.
‘‘(B) The examining immigration officer shall
refer to an immigration officer, specially trained to
conduct interviews and make determinations bearing
on eligibility for asylum, any alien who is (i) exclud-
able under section 212(a)(6)(C)(iii) or section
212(a)(7)(A) (i) and (ii) who has indicated an inten-
tion to apply for asylum. Such an alien shall not be
considered to have entered the United States for
purposes of this Act.
‘‘(C) An alien under subparagraph (B) who is
determined by an immigration officer, specially
trained to conduct interviews and make determina-
tions bearing on eligibility for asylum, to be exclud-
able and ineligible for the exception under section
208(e)(2), shall be specially excluded and deported
from the United States without further hearing.
‘‘(3)(A) Except as provided in subparagraph
(B), if the examining immigration officer determines
that an alien seeking entry is not clearly and beyond
a doubt entitled to enter, the alien shall be detained
for a hearing before an immigration judge.
‘‘(B) The provisions of subparagraph (A) shall
not apply—
‘‘(i) to an alien crewman,
‘‘(ii) to an alien described in paragraph
(2)(A) or (2)(C), or
‘‘(iii) if the conditions described in section
273(d) exist.
‘‘(4) The decision of the examining immigration
officer, if favorable to the admission of any alien,
shall be subject to challenge by any other immigra-
tion officer and such challenge shall operate to take
the alien, whose privilege to enter is so challenged,
before an immigration judge for a hearing on exclu-
sion of the alien.
‘‘(5) The Attorney General shall establish pro-
cedures that ensure that aliens are not specially ex-
cluded under paragraph (2)(A) without an inquiry
into their reasons for seeking entry into the United
States.
‘‘(6)(A) Subject to subparagraph (B), an alien
has not entered the United States for purposes of
this Act unless and until such alien has been in-
spected and admitted by an immigration officer pur-
suant to this subsection.
‘‘(B) An alien who (i) is physically present in
the United States, (ii) has been physically present in
the United States for a continuous period of one
year, and (iii) has not been inspected and admitted
by an immigration officer may be said to have en-
tered the United States without inspection. Such an
alien is subject to deportation pursuant to section
241(a)(1)(B).’’.
SEC. 4. JUDICIAL REVIEW.
Section 235 of the Immigration and Nationality Act
(8 U.S.C. 1225) (as amended by section 3) is amended
by adding after subsection (c) the following new sub-
sections:
‘‘(d) HABEAS CORPUS REVIEW.—Notwithstanding
any other provision of law, no court shall have jurisdiction
to review, except by petition for habeas corpus, any deter-
mination made with respect to an alien found excludable
pursuant 
to 
section 
212(a)(6)(C)(iii) 
or 
section
212(a)(7)(A)(i). In any such case, review by habeas corpus
shall be limited to examination of whether the petitioner
(1) is an alien, and (2) was ordered excluded from the
United States pursuant to section 235(b)(2).
‘‘(e) OTHER LIMITS ON JUDICIAL REVIEW AND AC-
TION.—Notwithstanding any other provision of law, no
court shall have jurisdiction (1) to review the procedures
established by the Attorney General for the determination
of exclusion pursuant to section 212(a)(6)(C)(iii) or sec-
tion 212(a)(7)(A)(i), or (2) to enter declaratory or injunc-
tive relief with respect to the implementation of subsection
(b)(2). Regardless of the nature of the suit or claim, no
court shall have jurisdiction except by habeas corpus peti-
tion as provided in subsection (d) to consider the validity
of any adjudication or determination of special exclusion
or to provide declaratory or injunctive relief with respect
to the special exclusion of any alien.
‘‘(f) COLLATERAL ENFORCEMENT PROCEEDINGS.—
In any action brought for the assessment of penalties for
improper entry or re-entry of an alien under section 275
or 276, no court shall have jurisdiction to hear claims col-
laterally attacking the validity of orders of exclusion, spe-
cial exclusion, or deportation entered under sections 235,
236, and 242.’’.