be considered conclusive evidence that the alien lacks good
moral character.’’.
SEC. 704. LEGAL ACTIONS BY STATE AND LOCAL GOVERN-
MENTS.
(a) ACTIONS BY STATES AND THEIR POLITICAL SUB-
DIVISIONS.—The Immigration and Nationality Act is
amended by adding the following new section after section
293 (8 U.S.C. 1363):
‘‘SEC. 294. ACTIONS BASED ON IMMIGRATION LAW VIOLA-
TIONS.
‘‘(a) ACTIONS AGAINST THE UNITED STATES.—The
Governor or Attorney General of any State may commence
a civil suit on behalf of the State and any of its political
subdivisions against the head of any agency of the Federal
Government upon an allegation that the number of aliens
entering or residing in the State in violation of this Act
has increased, is increasing, or is likely to increase by rea-
son of (1) a failure of such agency to perform within a
reasonable time any nondiscretionary act or duty under
an immigration-related law, (2) a policy of such agency
to authorize, encourage, or enable one or more classes of
excludable or deportable aliens to remain within the Unit-
ed States or be employed within the United States, or (3)
a policy of such agency of releasing from the custody of
the United States excludable or deportable aliens without
effective provision for their prompt departure or return
to custody. Any such action shall be brought in a United
States district court for a district that is wholly or partly
within the State bringing the suit or in the United States
District Court for the District of Columbia. The district
court shall have jurisdiction to order the head of any agen-
cy of the United States to perform any act or duty re-
quired by an immigration-related law. If the court finds
that the actions or policies of the department or agency
were in willful and prolonged disregard of any immigra-
tion-related law, the court may order the United States
to reimburse the State or any of its political subdivisions
for the direct costs to the State or the political subdivision
attributable to such actions.
‘‘(b) LITIGATION COSTS.—If an action under this
section is against a party other than a department or
agency of the United States, the court may award the
costs of litigation (including reasonable attorney and ex-
pert witness fees) to the prevailing party, whenever the
court determines such an award is appropriate.
‘‘(c) DEFINITION.—For purposes of this section, the
term ‘immigration-related law’ means this Act any any
federal law that limits or prohibits the provision of finan-
cial assistance to ineligible aliens or the expenditure of
funds for the benefit of ineligible aliens.’’.
TITLE VIII—IMMIGRATION AND
NATURALIZATION SERVICE
SEC. 801. ESTABLISHMENT OF INDEPENDENT AGENCY.
For the purposes of maintaining order in the admis-
sion and departure of aliens, of protecting American work-
ers from unfair competition with alien workers, and of pro-
tecting the general public from crime, terrorism, abuse of
public benefits and facilities, environmental degradation,
and other adverse consequences of uncontrolled entry of
person or property across the borders of the United
States, the Immigration and Naturalization Service is es-
tablished as an agency of the United States Government
outside of the Department of Justice. The Immigration
and Naturalization Service shall execute and enforce the
provisions of the Immigration and Nationality Act. The
funds, property, and personnel of the Immigration and
Naturalization Service of the Department of Justice are
transferred to the Immigration and Naturalization Service
that is established by this section.
SEC. 802. CONFORMING AMENDMENTS.
(a) The Immigration and Nationality Act is amend-
ed—
(1) by striking ‘‘of the Department of Justice’’
in section 101(a)(34);
(2) by striking ‘‘which are conferred upon the
Attorney General as may be delegated to him by the
Attorney General or which may be prescribed by the
Attorney General’’ in section 103(b); and
(3) by striking ‘‘Attorney General’’ from all sec-
tions of the Act except section 101(a)(5) and insert-
ing ‘‘Commissioner’’.
(b) Sections 1551 and 1552 of title 8, United States
Code, are repealed.
Æ
HR 4934 IH——2
HR 4934 IH——3
HR 4934 IH——4