I
103D CONGRESS
2D SESSION
H. R. 3860
To amend the Immigration and Nationality Act and other laws of the United
States relating to border security, illegal immigration, alien eligibility
for Federal financial benefits and services, criminal activity by aliens,
alien smuggling, fraudulent document use by aliens, asylum, terrorist
aliens, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 10, 1994
Mr. SMITH of Texas (for himself, Mr. ARMEY, Mr. BAKER of California, Mr.
BARTON of Texas, Mr. BURTON of Indiana, Mr. CANADY, Mr. COLLINS
of Georgia, Mr. CUNNINGHAM, Mr. DELAY, Mr. DOOLITTLE, Mr. FISH,
Mr. GALLEGLY, Mr. GILMAN, Mr. GINGRICH, Mr. GOODLATTE, Mr.
GOSS, Mr. GREENWOOD, Mr. HUNTER, Mr. SAM JOHNSON of Texas, Mr.
KIM, Mr. KINGSTON, Mr. LEVY, Mr. LEWIS of Florida, Mr. MCCOLLUM,
Mr. MCKEON, Mrs. MEYERS of Kansas, Mr. MILLER of Florida, Ms.
MOLINARI, Mr. MOORHEAD, Mr. ROHRABACHER, Mr. ROYCE, Mr. SHAW,
Mr. STEARNS, and Mr. SHAYS) introduced the following bill; which was
referred jointly to the Committees on the Judiciary, Ways and Means,
Energy and Commerce, Banking, Finance and Urban Affairs, Foreign
Affairs, and Government Operations
A BILL
To amend the Immigration and Nationality Act and other
laws of the United States relating to border security,
illegal immigration, alien eligibility for Federal financial
benefits and services, criminal activity by aliens, alien
smuggling, fraudulent document use by aliens, asylum,
terrorist aliens, 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 ‘‘Illegal Immigration
Control Act of 1994’’.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—INTERDICTION
Sec. 101. Physical barriers.
Sec. 102. Border patrol agents.
Sec. 103. Interior repatriation program.
Sec. 104. Detention facilities.
Sec. 105. Notice to service of port of entry arrivals.
Sec. 106. Border crossing fee.
Sec. 107. Border control trust fund.
TITLE II—ALIEN SMUGGLING
Sec. 201. Expanded forfeiture for smuggling or harboring illegal aliens.
Sec. 202. Including alien smuggling as a racketeering activity for purposes of
racketeering influenced and corrupt organizations (RICO) en-
forcement authority.
Sec. 203. Enhanced penalties for alien smuggling and for employers who know-
ingly employ smuggled aliens.
Sec. 204. Wiretap authority for alien smuggling investigations.
TITLE III—EMPLOYMENT
Sec. 301. Improvement of work eligibility documents.
Sec. 302. Immigration and Naturalization Service investigators.
TITLE IV—GOVERNMENT BENEFITS
Sec. 401. Prohibition of benefits for certain categories of aliens.
Sec. 402. Unemployment benefits.
Sec. 403. Housing benefits.
Sec. 404. Save system.
Sec. 405. Limitation on Federal financial assistance to localities that refuse to
cooperate in the arrest and deportation of unlawful aliens.
Sec. 406. Uniform vital statistics.
TITLE V—CRIMINAL ALIENS
Sec. 501. Authorizing registration of aliens on criminal probation or criminal
parole.
Sec. 502. Expansion in definition of ‘‘aggravated felony’’.
Sec. 503. Deportation procedures for certain criminal aliens who are not per-
manent residents.
Sec. 504. Judicial deportation.
Sec. 505. Restricting defenses to deportation for certain criminal aliens.
Sec. 506. Enhancing penalties for failing to depart, or reentering, after final
order of deportation.
Sec. 507. Miscellaneous and technical changes.
Sec. 508. Criminal alien tracking center.
Sec. 509. Prisoner transfer treaty study.
Sec. 510. Expediting criminal alien deportation and exclusion.
TITLE VI—TERRORIST ALIENS
Sec. 601. Removal of alien terrorists.
Sec. 602. Membership in a terrorist organization as a basis for exclusion from
the United States under the Immigration and Nationality Act.
TITLE VII—INSPECTIONS
Sec. 701. Preinspection at foreign airports.
Sec. 702. Training of airline personnel in detection of fraudulent documents.
Sec. 703. Passport and visa offenses penalties improvement.
TITLE VIII—ASYLUM
Sec. 801. Inspection and exclusion by immigration officers.
Sec. 802. Asylum.
Sec. 803. Failure to appear for provisional asylum hearing; judicial review.
Sec. 804. Conforming amendments.
Sec. 805. Effective dates.
TITLE I—INTERDICTION
SEC. 101. PHYSICAL BARRIERS.
The Attorney General, in consultation with the Com-
missioner of the Immigration and Naturalization Service,
shall take action to install additional physical barriers at
the United States border to deter unauthorized crossings
in areas of high illegal entry into the United States. Such
additional barriers shall include barriers similar to those
in use in the San Diego, California, vicinity.
SEC. 102. BORDER PATROL AGENTS.
In addition to such amounts as are otherwise author-
ized to be appropriated, there is authorized to be appro-
priated for each of the fiscal years 1995, 1996, 1997,
1998, and 1999 for salaries and expenses of the Border
Patrol such amounts as may be necessary to provide for
an increase in the number of agents of the Border Patrol
by 6,000 full-time equivalent agent positions (and nec-
essary support personnel positions) beyond the number of
such positions authorized for the Border Patrol as of Octo-
ber 1, 1993.
SEC. 103. INTERIOR REPATRIATION PROGRAM.
Not later than 180 days after the date of enactment
of this Act, the Attorney General and the Commissioner
of the Immigration and Naturalization Service shall de-
velop and implement a program in which aliens who pre-
viously have illegally entered the United States not less
than 3 times and are deported or returned to a country
contiguous to the United States will be returned to loca-
tions not less than 500 kilometers from that country’s bor-
der with the United States.
SEC. 104. DETENTION FACILITIES.
(a) BORDER DETENTION FACILITIES.—Not later
than 180 days after the date of enactment of this Act,
the Attorney General and the Commissioner of the Immi-
gration and Naturalization Service shall take appropriate
action to increase the capability of the Immigration and
Naturalization Service to detain individuals who have ille-
gally entered the United States at a border area.
(b) TRANSFER OF CLOSED MILITARY BASES FOR
FEDERAL
ILLEGAL
ALIEN
INCARCERATION
FACILI-
TIES.—
(1) PRIORITY AVAILABILITY TO DEPARTMENT
OF JUSTICE.—Notwithstanding any other provision
of law, a military installation or facility of the De-
partment of Defense to be closed under a base clo-
sure law may be made available, as determined by
the Attorney General, to the Bureau of Prisons of
the Department of Justice for use as a facility for
the incarceration of aliens who are subject to exclu-
sion or deportation from the United States.
(2) DEFINITION.—For purposes of this sub-
section, the term ‘‘base closure law’’ means each of
the following:
(A) The Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note).
(B) Title II of the Defense Authorization
Amendments and Base Closure and Realign-
ment Act (Public Law 100–526; 10 U.S.C.
2687 note).
(C) Section 2687 of title 10, United States
Code.
(D) Any other similar law enacted after
the date of the enactment of this Act.
SEC. 105. NOTICE TO SERVICE OF PORT OF ENTRY ARRIV-
ALS.
The Attorney General is authorized to require, by
regulation, not less than 24 hour advance notice to the
Immigration and Naturalization Service of the intention
of any vessel to arrive at any port of entry.
SEC. 106. BORDER CROSSING FEE.
The Commissioner shall collect a user fee for each
entry into the United States by land after December 31,
1994. The amount of the fee to be charged shall be deter-
mined by the Commission and the Attorney General and
such amount (rounded to the nearest whole dollar) shall
not exceed the current fee charged to persons entering the
United States by air. The Commissioner by regulation
may establish a reduced fee or a multiple-crossing fee for
frequent border crossers.
SEC. 107. BORDER CONTROL TRUST FUND.
There is established a Border Control Trust Fund
(‘‘Fund’’) under the control of the Commissioner. The fees
collected under section 106 shall be deposited into the
Fund. Amounts deposited into the Fund and the earnings
thereon shall be expended by the Commissioner exclusively
for (1) measures, personnel, structures, and devices to
deter and prevent illegal entry of persons and contraband
into the United States by land or by sea, (2) construction
and operation of facilities to expedite lawful border traffic
and reduce, where practical, extensive delays in the time
required for lawful entry of goods and persons, (3) depor-
tation of aliens, (4) construction and operation of facilities
used to detain individuals who have entered the United
States illegally at the border including the mandate costs
necessary to fully utilize INS Service Processing Center
facilities, available local and State facilities, and available
contract facilities, and (5) financial and other assistance
to State and local law enforcement agencies that have en-
tered into cooperative arrangements with the Immigration
and Naturalization Service. Not less than 80 percent of
the sum of (a) amounts deposited into the Fund during
a fiscal year and (b) the earnings of the Fund during that
fiscal year shall be expended during that or the subsequent
fiscal year.
TITLE II—ALIEN SMUGGLING
SEC. 201. EXPANDED FORFEITURE FOR SMUGGLING OR
HARBORING ILLEGAL ALIENS.
(a) IN GENERAL.—Paragraph (1) of section 274(b)
of the Immigration and Nationality Act (8 U.S.C.
1324(b)) is amended to read as follows:
‘‘(1)(A) Except as provided in subparagraph (B), the
following property shall be subject to seizure and forfeit-
ure:
‘‘(i) Any conveyance, including any vessel, vehi-
cle, or aircraft, which has been or is being used in
the commission of a violation of subsection (a).
‘‘(ii) Any property, real or personal, which—
‘‘(I) constitutes, or is derived from or
traceable to, the proceeds obtained directly or
indirectly from the commission of a violation of
subsection (a), or
‘‘(II) is used to facilitate, or is intended to
be so used in the commission of, a violation of
subsection (a)(1)(A).
‘‘(B)(i) No property used by any person as a common
carrier in the transaction of business as a common carrier
shall be forfeited under this section, unless the owner or
other person with lawful custody of the property was a
(B) 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’’; and
(2) in paragraphs (4) and (5), by striking ‘‘a
conveyance’’, ‘‘any conveyance’’, and ‘‘conveyance’’
and inserting ‘‘property’’ each place it appears.
SEC. 202. INCLUDING ALIEN SMUGGLING AS A RACKETEER-
ING ACTIVITY FOR PURPOSES OF RACK-
ETEERING INFLUENCED AND CORRUPT OR-
GANIZATIONS 
(RICO) 
ENFORCEMENT 
AU-
THORITY.
Section 1961(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘or’’ before ‘‘(E) any act’’, and
(2) by inserting before the period at the end the
following: ‘‘, or (F) any act which is indictable under
section 274(a)(1) of the Immigration and National-
ity Act (relating to alien smuggling)’’.
SEC. 203. ENHANCED PENALTIES FOR CERTAIN ALIEN
SMUGGLING 
AND 
FOR 
EMPLOYERS 
WHO
KNOWINGLY EMPLOY SMUGGLED ALIENS.
Section 274(a)(1) (8 U.S.C. 1324(a)(1)) is amend-
ed—