‘‘(b) INSPECTION AND EXCLUSION BY IMMIGRATION
OFFICERS.—
‘‘(1) An immigration officer shall inspect each
alien who is seeking entry to the United States.
‘‘(2)(A) If the examining immigration officer
determines that an alien seeking entry—
‘‘(i) does not present the documentation
required (if any) to obtain legal entry to the
United States; and
‘‘(ii) does not indicate either an intention
to apply for provisional asylum (under section
208) or a fear of persecution,
the officer shall order the alien excluded from the
United States without further hearing or review.
‘‘(B) The examining immigration officer shall
refer for immediate inspection at the port of entry
by an asylum officer under subparagraph (C) any
alien who (i) does not present the documentation re-
quired (if any) to obtain legal entry to the United
States, and (ii) has indicated an intention to apply
for provisional asylum or a fear of persecution.
‘‘(C)(i) If an asylum officer determines that an
alien has a credible fear of persecution, the alien
shall be entitled to apply for provisional asylum
under section 208.
‘‘(ii)(I) Subject to subclause (II), if an asylum
officer determines that an alien does not have a
credible fear of persecution the officer shall order
the alien excluded from the United States without
further hearing or review.
‘‘(II) The Attorney General shall promulgate
regulations to provide for the immediate review by
another asylum officer at the port of entry of a deci-
sion under subclause (I).
‘‘(iii) For the purposes of this subparagraph,
the term ‘credible fear of persecution’ means (I) that
it is more probable than not that the statements
made by the alien in support of his or her claim are
true, and (II) that there is a significant possibility,
in light of such statements and of such other facts
as are known to the officer that the alien could es-
tablish eligibility for provisional asylum under sec-
tion 208.
‘‘(iv) Notwithstanding any other provision of
law, no court shall have jurisdiction to review, except
by petition for habeas corpus, any determination
made with respect to an alien found excludable pur-
suant to this paragraph. In any such case, review by
habeas corpus shall be limited to examination of
whether the petitioner (I) is an alien, and (II) was
ordered excluded from the United States pursuant to
this paragraph.
‘‘(3)(A) Except as provided in subparagraph
(B), if the examining immigration officer determines
that an alien seeking entry is not clearly and beyond
a doubt entitled to enter, the alien shall be detained
for a hearing before a special inquiry officer.
‘‘(B) The provisions of subparagraph (A) shall
not apply—
‘‘(i) to an alien crewman,
‘‘(ii) to an alien described in paragraph
(2)(A) or 2(C)(ii)(I), or
‘‘(iii) if the conditions described in section
273(d) exist.
‘‘(4) The decision of the examining immigration
officer, if favorable to the admission of any alien,
shall be subject to challenge by any other immigra-
tion officer and such challenge shall operate to take
the alien, whose privilege to enter is so challenged,
before a special inquiry officer for a hearing on ex-
clusion of the alien.
‘‘(5)(A) Subject to subparagraph (B), an alien
has not entered the United States for purposes of
this Act unless and until such alien has been in-
spected and admitted by an immigration officer pur-
suant to this subsection.
‘‘(B) An alien who (i) is physically present in
the United States, (ii) has been physically present in
the United States for a continuous period of one
year, and (iii) has not been inspected and admitted
by an immigration officer shall be deemed to have
entered the United States without inspection.’’.
(b) CONFORMING AMENDMENTS.—Section 237(a) (8
U.S.C. 1227(a)) is amended—
(1) in the second sentence of paragraph (1) by
striking ‘‘Deportation’’ and inserting ‘‘Subject to
section 235(b)(2), deportation’’; and
(2) in the first sentence of paragraph (2) by
striking ‘‘If’’ and inserting ‘‘Subject to section
235(b)(2), if’’.
SEC. 102. ENHANCED PENALTIES FOR ALIEN SMUGGLING.
(a) 
ADDITIONAL
CRIMINAL
PENALTY.—Section
274(a)(1) (8 U.S.C. 1324(a)(1)) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(C),
(2) by striking the comma at the end of sub-
paragraph (D) and inserting ‘‘; or’’,
(3) by inserting after subparagraph (D) the fol-
lowing:
‘‘(E) contracts or agrees with another party for
that party to provide, for employment by the person
or another, an alien who is not authorized to be em-
ployed in the United States, knowing that such
party intends to cause such alien to be brought into
the United States in violation of the laws of the
United States,’’, and
(4) by striking ‘‘five years’’ and inserting ‘‘ten
years’’.
(b) TREATMENT OF SMUGGLING AS AN AGGRAVATED
FELONY.—The first sentence of section 101(a)(43) (8
U.S.C. 1101(a)(43)) is amended by inserting ‘‘or any of-
fense under section 274(a)’’ before ‘‘for which the term
of imprisonment’’.
SEC. 103. EFFECTIVE DATE.
(a) IN GENERAL.—Except as otherwise provided, the
amendments made by this title shall take effect on the
date of the enactment of this Act and shall apply to aliens
who arrive in or seek admission to the United States on
or after such date.
(b) SMUGGLING.—The amendment made by section
102(b) shall apply to offenses for which convictions are
entered before, on, or after the date of the enactment of
this Act.