I
103D CONGRESS
1ST SESSION
H. R. 1078
To improve immigration law enforcement.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 1993
Mr. GALLEGLY (for himself, Mr. SENSENBRENNER, Mr. HYDE, Mr. HUNTER,
Mr. OXLEY, Mr. STUMP, Mr. BAKER of Louisiana, Mr. DOOLITTLE, Mr.
ROHRABACHER, Mr. MOORHEAD, Mr. DREIER, Mr. MCKEON, Mr.
STEARNS, Mr. ARCHER, Mr. CUNNINGHAM, Mr. LEWIS of California, Mr.
MCCANDLESS, Mr. DORNAN, Mr. WELDON, Mr. ROYCE, Mr. BARTON of
Texas, Mr. PACKARD, Mr. GORDON, Mr. SMITH of Texas, Mr. HEFLEY,
Mr. MCCOLLUM, Mr. HANCOCK, Mr. HERGER, Mr. CALVERT, Mr. HORN,
Mr. KYL, Mr. POMBO, and Mr. COX) introduced the following bill; which
was referred jointly to the Committees on the Judiciary, Education and
Labor, and Foreign Affairs
A BILL
To improve immigration law enforcement.
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 ‘‘Improved Immigration
Law Enforcement Act of 1993’’.
SEC. 2. INCREASED PERSONNEL LEVELS OF THE BORDER
PATROL.
The number of full-time positions in the Border Pa-
trol of the Department of Justice for fiscal year 1994 shall
be increased to 6,600.
SEC. 3. INCREASED FUNDING FOR THE BORDER PATROL.
In addition to funds otherwise available for such pur-
poses, there are authorized to be appropriated to the At-
torney General $50,000,000 for the fiscal year 1993,
which amount shall be available only for equipment, sup-
port services, and initial training for the Border Patrol.
Funds appropriated pursuant to this section are author-
ized to remain available until expended.
SEC. 4. INSERVICE TRAINING FOR THE BORDER PATROL.
(a) REQUIREMENT.—Section 103 of the Immigration
and Nationality Act (8 U.S.C. 1103) is amended by add-
ing at the end the following new subsection:
‘‘(e)(1) The Attorney General shall continue to pro-
vide for such programs of inservice training for full-time
and part-time personnel of the Border Patrol in contact
with the public as will familiarize the personnel with the
rights and varied cultural backgrounds of aliens and citi-
zens in order to ensure and safeguard the constitutional
and civil rights, personal safety, and human dignity of all
individuals, aliens as well as citizens, within the jurisdic-
tion of the United States with whom they have contact
in their work.
‘‘(2) The Attorney General shall provide that the an-
nual report of the Service include a description of steps
taken to carry out paragraph (1).’’.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Attorney General
$1,000,000 for fiscal year 1994 to carry out the inservice
training described in section 103(e) of the Immigration
and Nationality Act. The funds appropriated pursuant to
this subsection are authorized to remain available until ex-
pended.
SEC. 5. INCREASE IN I.N.S. SUPPORT PERSONNEL.
In order to provide support for the increased person-
nel levels of the border patrol authorized in section 2, the
number of full-time support positions for investigation, de-
tention and deportation, intelligence, information and
records, legal proceedings, and management and adminis-
tration in the Immigration and Naturalization Service
shall be increased by 580 positions above the number of
equivalent positions as of September 30, 1992.
SEC. 6. STRENGTHENED ENFORCEMENT OF WAGE AND
HOUR LAWS.
(a) IN GENERAL.—The number of full-time positions
in the Wage and Hour Division with the Employment
Standards Administration of the Department of Labor for
the fiscal year 1994 shall be increased by 250 positions
above the number of equivalent positions available to the
Wage and Hour Division as of September 30, 1992.
(b) ASSIGNMENT.—Individuals employed to fill the
additional positions described in subsection (a) shall be as-
signed to investigate violations of wage and hour laws in
areas where the Attorney General has notified the Sec-
retary of Labor that there are high concentrations of un-
documented aliens.
SEC. 7. STRENGTHENED ENFORCEMENT OF THE EM-
PLOYER SANCTIONS PROVISIONS.
(a) IN GENERAL.—The number of full-time positions
in the Investigations Division within the Immigration and
Naturalization Service of the Department of Justice for
the fiscal year 1994 shall be increased by 250 positions
above the number of equivalent positions available to such
Division as of September 30, 1992.
(b) ASSIGNMENT.—Individuals employed to fill the
additional positions described in subsection (a) shall be as-
signed to investigate violations of the employer sanctions
provisions contained in section 274A of the Immigration
and Nationality Act, including investigating reports of vio-
lations received from officers of the Employment Stand-
ards Administration of the Department of Labor.
SEC. 8. INCREASED NUMBER OF ASSISTANT UNITED
STATES ATTORNEYS.
(a) IN GENERAL.—The number of Assistant United
States Attorneys that may be employed by the Depart-
ment of Justice for the fiscal year 1994 shall be increased
by 21 above the number of Assistant United States Attor-
neys that could be employed as of September 30, 1992.
(b) ASSIGNMENT.—Individuals employed to fill the
additional positions described in subsection (a) shall be
specially trained to be used for the prosecution of persons
who bring into the United States or harbor illegal aliens,
fraud, and other criminal statutes involving illegal aliens.
SEC. 9. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUG-
GLING.
Subsection 274(a) of the Immigration and National-
ity Act (8 U.S.C. 1324(a)) is amended—
(1) in paragraph (1), by striking ‘‘five years’’
and inserting ‘‘10 years (or 20 years in the case of
an offense described in paragraph (3))’’, and
(2) by adding at the end the following new
paragraph:
‘‘(3) For purposes of paragraph (1), an offense
described in this paragraph if—
‘‘(A) the offense involves 5 or more aliens;
‘‘(B) the offense involves other criminal ac-
tivity;
‘‘(C) one or more of the aliens referred to
in paragraph (1) were under the age of 18 at
the time of the offense and the offense was
committed either for the purpose of illegal
adoption or for the purpose of sexual or com-
mercial exploitation; or
‘‘(D) the offense involves the dangerous,
inhumane treatment, or death of, or serious
bodily injury to, an alien referred to in para-
graph (1).’’.
SEC. 10. CHANGES IN CRIMINAL PENALTIES FOR BRINGING
IN ALIENS.
Section 274 of the Immigration and Nationality Act
(8 U.S.C. 1324) is amended—
(1) in subsection (a)(2), by inserting before the
period at the end thereof the following: ‘‘, except
that a person who commits an offense under sub-
paragraph (B)(ii) shall be fined in accordance with
that title, or imprisoned not more than 10 years, or
both’’, and
(2) by adding at the end thereof the following
new subsection:
‘‘(d) For purposes of this section, the mere employ-
ment of an individual (including the usual and normal
practices incident to employment) by itself shall not be
deemed to constitute harboring.’’.
SEC. 11. NEGOTIATIONS WITH MEXICO AND CANADA.
It is the sense of the Congress that—
(1) the Attorney General, jointly with the Sec-
retary of State, should initiate discussions with Mex-
ico and Canada to establish formal bilateral pro-
grams with those countries to prevent and to pros-
ecute the smuggling of undocumented aliens into the
United States;
(2) not later than one year after the date of en-
actment of this Act, the Attorney General shall re-
port to the Congress the progress made in establish-
ing such programs; and
(3) in any such program established under this
Act, major emphasis should be placed on deterring
and prosecuting persons involved in the organized
and continued smuggling of undocumented aliens.
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