Union Calendar No. 229
104TH CONGRESS
2D SESSION
H. R. 2202
[Report No. 104–469, Parts I, II, and III]
A BILL
To amend the Immigration and Nationality Act to
improve deterrence of illegal immigration to the
United States by increasing border patrol and in-
vestigative personnel, by increasing penalties for
alien smuggling and for document fraud, by re-
forming exclusion and deportation law and proce-
dures, by improving the verification system for
eligibility for employment, and through other
measures, to reform the legal immigration system
and facilitate legal entries into the United States,
and for other purposes.
MARCH 8, 1996
Reported from the Committee on Agriculture with
amendments
MARCH 8, 1996
The Committees on Banking and Financial Services,
Economic and Educational Opportunities, National Se-
curity, and Ways and Means discharged; committed to
the Committee of the Whole House on the State of the
Union, and ordered to be printed
IB
Union Calendar No. 229
104TH CONGRESS
2D SESSION
H. R. 2202
[Report No. 104–469, Parts I, II, and III]
To amend the Immigration and Nationality Act to improve deterrence of
illegal immigration to the United States by increasing border patrol
and investigative personnel, by increasing penalties for alien smuggling
and for document fraud, by reforming exclusion and deportation law
and procedures, by improving the verification system for eligibility for
employment, and through other measures, to reform the legal immigra-
tion system and facilitate legal entries into the United States, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 4, 1995
Mr. SMITH of Texas (for himself, Mr. BRYANT of Texas, Mr. GALLEGLY, Mr.
MOORHEAD, Mr. MCCOLLUM, Mr. BRYANT of Tennessee, Mr. BONO, Mr.
HEINEMAN, Mr. SENSENBRENNER, Mr. GEKAS, Mr. COBLE, Mr. CANADY
of Florida, Mr. INGLIS of South Carolina, Mr. GOODLATTE, Mr. BARR,
Mr. BOUCHER, Mr. BAKER of California, Mr. BALLENGER, Mr. BEILEN-
SON, Mr. BILBRAY, Mr. BONILLA, Mr. BREWSTER, Mr. CALVERT, Mr.
CONDIT, Mr. CUNNINGHAM, Mr. DEAL of Georgia, Mr. DREIER, Mr.
DUNCAN, Mr. FOLEY, Mr. HAYES, Mr. HERGER, Mr. HUNTER, Mr. SAM
JOHNSON of Texas, Mrs. MEYERS of Kansas, Mr. PACKARD, Mr.
ROHRABACHER, Mrs. ROUKEMA, Mr. SHAYS, Mr. STENHOLM, Mr. TAU-
ZIN, Mrs. VUCANOVICH, Mr. MCKEON, Mr. BARTON of Texas, Mr.
HUTCHINSON, Mr. THORNBERRY, Mr. LAUGHLIN, Mr. TRAFICANT, Mr.
KASICH, Mrs. SEASTRAND, Mr. PETE GEREN of Texas, Mr. WILSON, Mr.
STOCKMAN, Mr. HASTINGS of Washington, Mr. BEREUTER, Mr. COM-
BEST, Mr. BARTLETT of Maryland, Mr. BARRETT of Nebraska, Mr.
SHAW, Mr. PICKETT, Mr. SKEEN, Mr. GUTKNECHT, Mr. KINGSTON, Mr.
TAYLOR of North Carolina, Mr. ROGERS, Mr. SOLOMON, Mr. ROBERTS,
Mr. EVERETT, Mr. DOOLITTLE, Mr. HEFLEY, Mr. SCHAEFER, Mr. GOSS,
Mr. BUNNING of Kentucky, Mr. PARKER, Mr. TAYLOR of Mississippi, Mr.
EMERSON, Mr. SHUSTER, Mr. FIELDS of Texas, Mr. QUILLEN, Mr.
HALL of Texas, Mr. HOEKSTRA, Mr. MCCRERY, Mr. STEARNS, Mr. BUR-
TON of Indiana, Mr. LEWIS of Kentucky, Mr. BAKER of Louisiana, Mr.
HR 2202 RH
BACHUS, Mr. LIGHTFOOT, Mr. COLLINS of Georgia, Mr. HANSEN, Mr.
HORN, Mr. PAXON, Ms. MOLINARI, Mr. LINDER, Mr. HASTERT, Mr.
ROYCE, Mr. KIM, Mr. CAMP, Mr. HANCOCK, Mr. SPENCE, Mr. JONES,
Mr. LIVINGSTON, Mr. REGULA, Mr. EWING, Mr. SALMON, Ms. HARMAN,
Mr. ZELIFF, Mr. SHADEGG, Mr. POMBO, Mr. DORNAN, and Mr.
RADANOVICH) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on Na-
tional Security, Government Reform and Oversight, Ways and Means,
and Banking and Financial Services, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
SEPTEMBER 19, 1995
Rereferred to the Committee on the Judiciary, and in addition to the Commit-
tees on Agriculture, Banking and Financial Services, Economic and Edu-
cational Opportunities, Government Reform and Oversight, National Se-
curity, and Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
MARCH 4, 1996
Reported from the Committee on the Judiciary with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
MARCH 4, 1996
Referral to the Committees on Agriculture, Banking and Financial Services,
Economic and Educational Opportunities, Government Reform and Over-
sight, National Security, and Ways and Means extended for a period end-
ing not later than March 8, 1996
MARCH 7, 1996
Reported from the Committee on Government Reform and Oversight with
amendments
[Omit the part struck through in brackets and insert the part printed in italic in brackets]
MARCH 8, 1996
Reported from the Committee on Agriculture with amendments
[Insert the part printed in boldface roman]
MARCH 8, 1996
Additional sponsors: Mr. BUYER, Mr. CRAMER, Mr. NORWOOD, Mr. RIGGS,
Mr. LIPINSKI, Mr. FRANKS of Connecticut, Mr. COX of California, Mr.
TALENT, Mrs. FOWLER, Mr. FRAZER, Mr. COOLEY, Mr. CHAMBLISS, Mr.
BEVILL, Mr. GREENWOOD, Mr. OBEY, Mr. BROWDER, Mrs. LINCOLN,
Mr. SISISKY, Mr. CREMEANS, Mr. BATEMAN, and Mr. MARTINI
Deleted sponsor: Mr. KIM (added August 4, 1995; deleted September 27,
1995)
MARCH 8, 1996
The Committees on Banking and Financial Services, Economic and Edu-
HR 2202 RH
cational Opportunities, National Security, and Ways and Means dis-
charged; committed to the Committee of the Whole House on the State
of the Union, and ordered to be printed
A BILL
To amend the Immigration and Nationality Act to improve
deterrence of illegal immigration to the United States
by increasing border patrol and investigative personnel,
by increasing penalties for alien smuggling and for docu-
ment fraud, by reforming exclusion and deportation law
and procedures, by improving the verification system for
eligibility for employment, and through other measures,
to reform the legal immigration system and facilitate
legal entries into the United States, 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; AMENDMENTS TO IMMIGRATION
AND
NATIONALITY
ACT;
TABLE
OF
CON-
TENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Immigration in the National Interest Act of 1995’’.
(b) AMENDMENTS TO IMMIGRATION AND NATIONAL-
ITY ACT.—Except as otherwise specifically provided—
(1) whenever in this Act an amendment or re-
peal is expressed as the amendment or repeal of a
section or other provision, the reference shall be con-
HR 2202 RH
sidered to be made to that section or provision in the
Immigration and Nationality Act, and
(2) amendments to a section or other provision
are to such section or other provision as in effect on
the date of the enactment of this Act and before any
amendment made to such section or other provision
elsewhere in this Act.
(c) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; amendments to Immigration and Nationality Act; table of
contents.
TITLE I—DETERRENCE OF ILLEGAL IMMIGRATION THROUGH IM-
PROVED BORDER ENFORCEMENT, PILOT PROGRAMS, AND IN-
TERIOR ENFORCEMENT
Subtitle A—Improved Enforcement at Border
Sec. 101. Border patrol agents and support personnel.
Sec. 102. Improvement of barriers at border.
Sec. 103. Improved border equipment and technology.
Sec. 104. Improvement in border crossing identification card.
Sec. 105. Civil penalties for illegal entry.
Sec. 106. Prosecution of aliens repeatedly reentering the United States unlaw-
fully.
Sec. 107. Inservice training for the Border Patrol.
Subtitle B—Pilot Programs
Sec. 111. Pilot program on interior repatriation of inadmissible or deportable
aliens.
Sec. 112. Pilot program on use of closed military bases for the detention of in-
admissible or deportable aliens.
Sec. 113. Pilot program to collect records of departing passengers.
Subtitle C—Interior Enforcement
Sec. 121. Increase in personnel for interior enforcement.
TITLE II—ENHANCED ENFORCEMENT AND PENALTIES AGAINST
ALIEN SMUGGLING; DOCUMENT FRAUD
Subtitle A—Enhanced Enforcement and Penalties Against Alien Smuggling
Sec. 201. Wiretap authority for alien smuggling investigations.
Sec. 202. Racketeering offenses relating to alien smuggling.
Sec. 203. Increased criminal penalties for alien smuggling.
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Sec. 204. Increased number of assistant United States attorneys.
Sec. 205. Undercover investigation authority.
Subtitle B—Deterrence of Document Fraud
Sec. 211. Increased criminal penalties for fraudulent use of government-issued
documents.
Sec. 212. New civil penalties for document fraud.
Sec. 213. New civil penalty for failure to present documents.
Sec. 214. New criminal penalties for failure to disclose role as preparer of false
application for asylum and for preparing certain post-convic-
tion applications.
Sec. 215. Criminal penalty for knowingly presenting document which fails to
contain reasonable basis in law or fact.
Sec. 216. Criminal penalties for false claim to citizenship.
Subtitle C—Asset Forfeiture for Passport and Visa Offenses
Sec. 221. Criminal forfeiture for passport and visa related offenses.
Sec. 222. Subpoenas for bank records.
Sec. 223. Effective date.
TITLE III—INSPECTION, APPREHENSION, DETENTION, ADJUDICA-
TION,
AND
REMOVAL
OF
INADMISSIBLE
AND
DEPORTABLE
ALIENS
Subtitle A—Revision of Procedures for Removal of Aliens
Sec. 300. Overview of changes in removal procedures.
Sec. 301. Treating persons present in the United States without authorization
as not admitted.
Sec. 302. Inspection of aliens; expedited removal of inadmissible arriving aliens;
referral for hearing (revised section 235).
Sec. 303. Apprehension and detention of aliens not lawfully in the United
States (revised section 236).
Sec. 304. Removal proceedings; cancellation of removal and adjustment of sta-
tus; voluntary departure (revised and new sections 239 to
240C).
Sec. 305. Detention and removal of aliens ordered removed (new section 241).
Sec. 306. Appeals from orders of removal (new section 242).
Sec. 307. Penalties relating to removal (revised section 243).
Sec. 308. Redesignation and reorganization of other provisions; additional con-
forming amendments.
Sec. 309. Effective dates; transition.
Subtitle B—Removal of Alien Terrorists
PART 1—REMOVAL PROCEDURES FOR ALIEN TERRORISTS
Sec. 321. Removal procedures for alien terrorists.
‘‘TITLE V—SPECIAL REMOVAL PROCEDURES FOR ALIEN
TERRORISTS
‘‘Sec. 501. Definitions.
‘‘Sec. 502. Establishment of special removal court; panel of attorneys to
assist with classified information.
‘‘Sec. 503. Application for initiation of special removal proceeding.
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‘‘Sec. 504. Consideration of application.
‘‘Sec. 505. Special removal hearings.
‘‘Sec. 506. Consideration of classified information.
‘‘Sec. 507. Appeals.
‘‘Sec. 508. Detention and custody.’’.
Sec. 322. Funding for detention and removal of alien terrorists.
PART 2—INADMISSIBILITY AND DENIAL OF RELIEF FOR ALIEN TERRORISTS
Sec. 331. Membership in terrorist organization as ground of inadmissibility.
Sec. 332. Denial of relief for alien terrorists.
Subtitle C—Deterring Transportation of Unlawful Aliens to the United States
Sec. 341. Definition of stowaway.
Sec. 342. List of alien and citizen passengers arriving.
Sec. 343. Transportation line responsibility for transit without visa aliens.
Sec. 344. Civil penalties for bringing inadmissible aliens from contiguous terri-
tories.
Subtitle D—Additional Provisions
Sec. 351. Definition of conviction.
Sec. 352. Use of term ‘‘immigration judge’’.
Sec. 353. Rescission of lawful permanent resident status.
Sec. 354. Civil penalties for failure to depart.
Sec. 355. Clarification of district court jurisdiction.
Sec. 356. Use of retired Federal employees for institutional hearing program.
Sec. 357. Enhanced penalties for failure to depart, illegal reentry, and passport
and visa fraud.
Sec. 358. Authorization of additional funds for removal of aliens.
Sec. 359. Application of additional civil penalties to enforcement.
Sec. 360. Prisoner transfer treaties.
Sec. 361. Criminal alien identification system.
Sec. 362. Waiver of exclusion and deportation ground for certain section 274C
violators.
Sec. 363. Authorizing registration of aliens on criminal probation or criminal
parole.
TITLE IV—ENFORCEMENT OF RESTRICTIONS AGAINST
EMPLOYMENT
Sec. 401. Strengthened enforcement of the employer sanctions provisions.
Sec. 402. Strengthened enforcement of wage and hour laws.
Sec. 403. Changes in the employer sanctions program.
Sec. 404. Reports on earnings of aliens not authorized to work.
Sec. 405. Authorizing maintenance of certain information on aliens.
Sec. 406. Limiting liability for certain technical violations of paperwork require-
ments.
Sec. 407. Remedies in unfair immigration-related discrimination orders.
TITLE V—REFORM OF LEGAL IMMIGRATION SYSTEM
Sec. 500. Overview of new legal immigration system.
Subtitle A—Worldwide Numerical Limits
Sec. 501. Worldwide numerical limitation on family-sponsored immigrants.
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Sec. 502. Worldwide numerical limitation on employment-based immigrants.
Sec. 503. Establishment of numerical limitation on humanitarian immigrants.
Sec. 504. Requiring congressional review and reauthorization of worldwide lev-
els every 5 years.
Subtitle B—Changes in Preference System
Sec. 511. Limitation of immediate relatives to spouses and children.
Sec. 512. Change in family-sponsored classification.
Sec. 513. Change in employment-based classification.
Sec. 514. Authorization to require periodic confirmation of classification peti-
tions.
Sec. 515. Changes in special immigrant status.
Sec. 516. Requirements for removal of conditional status of entrepreneurs.
Sec. 517. Miscellaneous conforming amendments.
Subtitle C—Refugees, Asylees, Parole, and Humanitarian Admissions
Sec. 521. Changes in refugee annual admissions.
Sec. 522. Fixing numerical adjustments for asylees at 10,000 each year.
Sec. 523. Increased resources for reducing asylum application backlogs.
Sec. 524. Parole available only on a case-by-case basis for humanitarian rea-
sons or significant public benefit.
Sec. 525. Admission of humanitarian immigrants.
Sec. 526. Asylum reform.
Subtitle D—General Effective Date; Transition Provisions
Sec. 551. General effective date.
Sec. 552. General transition for current classification petitions.
Sec. 553. Special transition for certain backlogged spouses and children of law-
ful permanent resident aliens.
Sec. 554. Special treatment of certain disadvantaged family first preference im-
migrants.
TITLE VI—RESTRICTIONS ON BENEFITS FOR ALIENS
Sec. 600. Statements of national policy concerning welfare and immigration.
Subtitle A—Eligibility of Illegal Aliens for Public Benefits
PART 1—PUBLIC BENEFITS GENERALLY
Sec. 601. Making illegal aliens ineligible for public assistance, contracts, and li-
censes.
Sec. 602. Making unauthorized aliens ineligible for unemployment benefits.
Sec. 603. General exceptions.
Sec. 604. Treatment of expenses subject to emergency medical services excep-
tion.
Sec. 605. Report on disqualification of illegal aliens from housing assistance
programs.
Sec. 606. Definitions.
Sec. 607. Regulations and effective dates.
PART 2—EARNED INCOME TAX CREDIT
Sec. 611. Earned income tax credit denied to individuals not authorized to be
employed in the United States.
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Subtitle B—Expansion of Disqualification from Immigration Benefits on the
Basis of Public Charge
Sec. 621. Ground for inadmissibility.
Sec. 622. Ground for deportability.
Subtitle C—Attribution of Income and Affidavits of Support
Sec. 631. Attribution of sponsor’s income and resources to family-sponsored im-
migrants.
Sec. 632. Requirements for sponsor’s affidavit of support.
TITLE VII—FACILITATION OF LEGAL ENTRY
Sec. 701. Additional land border inspectors; infrastructure improvements.
Sec. 702. Commuter lane pilot programs.
Sec. 703. Preinspection at foreign airports.
Sec. 704. Training of airline personnel in detection of fraudulent documents.
TITLE VIII—MISCELLANEOUS PROVISIONS
Sec. 801. Amended definition of aggravated felony.
Sec. 802. Amended definitions of ‘‘child’’ and ‘‘parent’’ to facilitate adoption of
children born out-of-wedlock.
Sec. 803. Authority to determine visa processing procedures.
Sec. 804. Waiver authority concerning notice of denial of application for visas.
Sec. 805. Treatment of Canadian landed immigrants.
Sec. 806. Changes relating to H–1B nonimmigrants.
Sec. 807. Validity of period of visas.
Sec. 808. Limitation on adjustment of status of individuals not lawfully present
in the United States.
Sec. 809. Limited access to certain confidential INS files.
Sec. 810. Nonimmigrant status for spouses and children of members of the
Armed Services.
Sec. 811. Commission report on fraud associated with birth certificates.
Sec. 812. Uniform vital statistics.
Sec. 813. Communication between State and local government agencies, and
the Immigration and Naturalization Service.
Sec. 814. Criminal alien reimbursement costs.
Sec. 815. Miscellaneous technical corrections.
Title I, Subtitle A
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TITLE I—DETERRENCE OF ILLE-
GAL IMMIGRATION THROUGH
IMPROVED
BORDER
EN-
FORCEMENT,
PILOT
PRO-
GRAMS,
AND
INTERIOR
EN-
FORCEMENT
Subtitle A—Improved Enforcement
at Border
SEC. 101. BORDER PATROL AGENTS AND SUPPORT PER-
SONNEL.
(a) INCREASED NUMBER OF BORDER PATROL POSI-
TIONS.—The number of border patrol agents shall be in-
creased, for each fiscal year beginning with the fiscal year
1996 and ending with the fiscal year 2000, by 1,000 full-
time equivalent positions above the number of equivalent
positions as of September 30, 1994.
(b) INCREASE IN SUPPORT PERSONNEL.—The num-
ber of full-time support positions for personnel in support
of border enforcement, investigation, detention and depor-
tation, intelligence, information and records, legal pro-
ceedings, and management and administration in the Im-
migration and Naturalization Service shall be increased,
beginning with fiscal year 1996, by 800 positions above
the number of equivalent positions as of September 30,
1994.
Title I, Subtitle A
HR 2202 RH
(c)
DEPLOYMENT
OF
NEW
BORDER
PATROL
AGENTS.—The Attorney General shall, to the maximum
extent practicable, ensure that the border patrol agents
hired pursuant to subsection (a) shall—
(1) be deployed among the various Immigration
and Naturalization Service sectors in proportion to
the level of illegal intrusion measured in each sector
during the preceding fiscal year and reasonably an-
ticipated in the next fiscal year, and
(2) be actively engaged in law enforcement ac-
tivities related to the illegal crossing of the borders
of the United States.
SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.
(a) IN GENERAL.—The Attorney General, in con-
sultation with the Commissioner of the Immigration and
Naturalization Service, shall take such actions as may be
necessary to install additional physical barriers and roads
(including the removal of obstacles to detection of illegal
entrants) in the vicinity of the United States border to
deter unauthorized crossings in areas of high illegal entry
into the United States.
(b) CONSTRUCTION
OF FENCING
AND ROAD IM-
PROVEMENTS IN THE BORDER AREA NEAR SAN DIEGO,
CALIFORNIA.—
Title I, Subtitle A
HR 2202 RH
(1) IN GENERAL.—In carrying out subsection
(a), the Attorney General shall provide for the con-
struction along the 14 miles of the international
land border of the United States, starting at the Pa-
cific Ocean and extending eastward, of second and
third fences, in addition to the existing reinforced
fence, and for roads between the fences.
(2) PROMPT ACQUISITION OF NECESSARY EASE-
MENTS.—The Attorney General shall promptly ac-
quire such easements as may be necessary to carry
out this subsection and shall commence construction
of fences immediately following such acquisition (or
conclusion of portions thereof).
(3)
AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to carry out
this subsection not to exceed $12,000,000. Amounts
appropriated under this paragraph are authorized to
remain available until expended.
(c) WAIVER.—The provisions of the Endangered Spe-
cies Act of 1973 are waived to the extent the Attorney
General determines necessary to assure expeditious con-
struction of the barriers and roads under this section.
(d) REPORT ON FORWARD DEPLOYMENT.—(1) The
Attorney General shall forward deploy existing border pa-
trol agents in those areas of the border identified as areas
Title I, Subtitle A
HR 2202 RH
of high illegal entry into the United States in order to
provide a uniform and visible deterrent to illegal entry on
a continuing basis.
(2) By not later than 6 months after the date of the
enactment of this Act, the Attorney General shall submit
to the appropriate committees of Congress a report on the
progress and effectiveness of such forward deployments.
SEC.
103.
IMPROVED
BORDER
EQUIPMENT
AND
TECH-
NOLOGY.
The Attorney General is authorized to acquire and
utilize, for the purpose of detection, interdiction, and re-
duction of illegal immigration into the United States, any
Federal equipment (including, but not limited to, fixed
wing aircraft, helicopters, four-wheel drive vehicles, se-
dans, night vision goggles, night vision scopes, and sensor
units) determined available for transfer by any other agen-
cy of the Federal Government upon request of the Attor-
ney General.
SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTI-
FICATION CARD.
(a) IN GENERAL.—Section 101(a)(6) (8 U.S.C.
1101(a)(6)) is amended by adding at the end the follow-
ing: ‘‘Such regulations shall provide that (A) each such
document include a biometric identifier (such as the fin-
gerprint or handprint of the alien) that is machine read-
Title I, Subtitle A
HR 2202 RH
able and (B) an alien presenting a border crossing identi-
fication card is not permitted to cross over the border into
the United States unless the biometric identifier contained
on the card matches the appropriate biometric characteris-
tic of the alien.’’.
(b) EFFECTIVE DATES.—
(1) Clause (A) of the sentence added by the
amendment made by subsection (a) shall apply to
documents issued on or after 6 months after the
date of the enactment of this Act.
(2) Clause (B) of such sentence shall apply to
cards presented on or after 18 months after the date
of the enactment of this Act.
(c) REPORT.—Not later than one year after the im-
plementation of clause (A) of the sentence added by the
amendment made by subsection (a) the Attorney General
shall submit to Congress a report on the impact of such
clause on border crossing activities.
SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.
(a) IN GENERAL.—Section 275 (8 U.S.C. 1325) is
amended—
(1) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively, and
(2) by inserting after subsection (a) the follow-
ing new subsection:
Title I, Subtitle A
HR 2202 RH
‘‘(b) Any alien who is apprehended while entering (or
attempting to enter) the United States at a time or place
other than as designated by immigration officers shall be
subject to a civil penalty of—
‘‘(1) at least $50 and not more than $250 for
each such entry (or attempted entry), or
‘‘(2) twice the amount specified in paragraph
(1) in the case of for an alien who has been pre-
viously subject to a civil penalty under this sub-
section.
Civil penalties under this subsection are in addition to,
and not in lieu of, any criminal or other civil penalties
that may be imposed under this title.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to illegal entries occurring on
or after the first day of the 6th month beginning after
the date of the enactment of this Act.
SEC. 106. PROSECUTION OF ALIENS REPEATEDLY REEN-
TERING THE UNITED STATES UNLAWFULLY.
(a) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Attorney General
such sums as may be necessary to provide for detention
and prosecution of each alien who commits an act that
constitutes a violation of section 275(a) of the Immigra-
tion and Nationality Act if the alien has committed such
Title I, Subtitle A
HR 2202 RH
an act on two previous occasions. Funds appropriated pur-
suant to this subsection are authorized to remain available
until expended.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Attorney General should use available re-
sources to assure detention and prosecution of aliens in
the cases described in subsection (a).
SEC. 107. INSERVICE TRAINING FOR THE BORDER PATROL.
(a) REQUIREMENT.—Section 103 (8 U.S.C. 1103) is
amended by adding at the end the following new sub-
section:
‘‘(e)(1) The Attorney General shall continue to pro-
vide for such programs (including intensive language
training 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 citizens in
order to ensure and safeguard the constitutional and civil
rights, personal safety, and human dignity of all individ-
uals, aliens as well as citizens, within the jurisdiction of
the United States with whom such personnel 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).’’.
Title I, Subtitle B
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(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Attorney General
such sums as may be necessary for fiscal year 1996 to
carry out the inservice training described in section 103(e)
of the Immigration and Nationality Act. The funds appro-
priated pursuant to this subsection are authorized to re-
main available until expended.
Subtitle B—Pilot Programs
SEC. 111. PILOT PROGRAM ON INTERIOR REPATRIATION
OF INADMISSIBLE OR DEPORTABLE ALIENS.
(a) ESTABLISHMENT.—Not later than 120 days after
the date of the enactment of this Act, the Attorney Gen-
eral, after consultation with the Secretary of State, shall
establish a pilot program for up to 2 years which provides
for methods to deter multiple unauthorized entries by
aliens into the United States. The pilot program may in-
clude the development and use of interior repatriation,
third country repatriation, and other disincentives for
multiple unlawful entries into the United States.
(b) REPORT.—Not later than 30 months after the
date of the enactment of this Act, the Attorney General,
together with the Secretary of State, shall submit a report
to the Committees on the Judiciary of the House of Rep-
resentatives and of the Senate on the operation of the pilot
program under this section and whether the pilot program
Title I, Subtitle B
HR 2202 RH
or any part thereof should be extended or made perma-
nent.
SEC. 112. PILOT PROGRAM ON USE OF CLOSED MILITARY
BASES
FOR
THE
DETENTION
OF
INADMIS-
SIBLE OR DEPORTABLE ALIENS.
(a) ESTABLISHMENT.—The Attorney General and
the Secretary of Defense shall establish one or more pilot
programs for up to 2 years each to determine the feasibil-
ity of the use of military bases available because of actions
under a base closure law as detention centers for the Im-
migration and Naturalization Service.
(b) REPORT.—Not later than 30 months after the
date of the enactment of this Act, the Attorney General,
together with the Secretary of State, shall submit a report
to the Committees on the Judiciary of the House of Rep-
resentatives and of the Senate, and the Committees on
Armed Services of the House of Representatives and of
the Senate, on the feasibility of using military bases closed
under a base closure law as detention centers by the Immi-
gration and Naturalization Service.
(c) DEFINITION.—For purposes of this section, the
term ‘‘base closure law’’ means each of the following:
(1) The Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law
101–510; 10 U.S.C. 2687 note).
Title I, Subtitle B
HR 2202 RH
(2)
Title
II
of
the
Defense
Authorization
Amendments and Base Closure and Realignment
Act (Public Law 100–526; 10 U.S.C. 2687 note).
(3) Section 2687 of title 10, United States
Code.
(4) Any other similar law enacted after the date
of the enactment of this Act.
SEC. 113. PILOT PROGRAM TO COLLECT RECORDS OF DE-
PARTING PASSENGERS.
(a) ESTABLISHMENT.—The Commissioner of the Im-
migration and Naturalization Service shall, within 180
days of the date of the enactment of this Act, establish
a pilot program in which officers of the Service collect a
record of departure for every alien departing the United
States and match the records of departure with the record
of the alien’s arrival in the United States. The program
shall be operated in as many air ports of entry as is
deemed appropriate, but at no less than 3 of the 5 air
ports of entry with the heaviest volume of incoming traffic
from foreign territories.
(b) REPORT.—
(1) DEADLINE.—The Commissioner shall sub-
mit a report to Congress not later than 2 years after
the date the pilot program is implemented under
subsection (a).
Title I, Subtitle B
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(2) INFORMATION.—The report shall include
the following information for each participating port
of entry:
(A) The number of departure records col-
lected, with an accounting by country of nation-
ality of the departing alien.
(B) The number of departure records that
were successfully matched to records of the
alien’s prior arrival in the United States, with
an accounting by the alien’s country of nation-
ality and by the alien’s classification as an im-
migrant or nonimmigrant.
(C) The number of aliens who arrived at
the port of entry as nonimmigrants classified
under section 101(a)(15)(B) of the Immigration
and Nationality Act, or as a visitor under sec-
tion 217 of the Immigration and Nationality
Act, for whom no matching departure record
has been obtained through the pilot program or
through other means, with an accounting by the
alien’s country of nationality and date of arrival
in the United States.
(D) The estimated cost of establishing a
national system to verify the departure from
Title I, Subtitle C
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the United States of aliens admitted tempo-
rarily as nonimmigrants.
(3) RECOMMENDATIONS.—The report also shall
include specific recommendations for implementation
of the pilot program on a permanent basis.
(c) USE OF INFORMATION ON VISA OVERSTAYS.—In-
formation on instances of visa overstay identified through
the pilot program shall be integrated into appropriate data
bases of the Immigration and Naturalization Service and
the Department of State, including those used at ports
of entry and at consular offices.
Subtitle C—Interior Enforcement
SEC. 121. INCREASE IN PERSONNEL FOR INTERIOR EN-
FORCEMENT.
Subject to the availability of appropriations, the At-
torney General shall provide for an increase in the number
of investigators and enforcement personnel of the Immi-
gration and Naturalization Service who are deployed in
the interior so that the number of such personnel is ap-
proximately equal to the number of personnel of the Serv-
ice involved in enforcement at the border.
Title II, Subtitle A
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TITLE II—ENHANCED ENFORCE-
MENT
AND
PENALTIES
AGAINST ALIEN SMUGGLING;
DOCUMENT FRAUD
Subtitle A—Enhanced Enforcement
and
Penalties
Against
Alien
Smuggling
SEC. 201. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN-
VESTIGATIONS.
Section 2516(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(n),
(2) by redesignating paragraph (o) as para-
graph (p), and
(3) by inserting after paragraph (n) the follow-
ing new paragraph:
‘‘(o)(1) a felony violation of section 1028 (relat-
ing to production of false identification documenta-
tion), section 1541 (relating to passport issuance
without authority), section 1542 (relating to false
statements in passport applications), section 1543
(relating to forgery or false use of passport), section
1544 (relating to misuse of passport), section 1546
Title II, Subtitle A
HR 2202 RH
(relating to fraud or misuse of visas, permits, or
other documents) of this title; or
‘‘(2) a violation of section 274, 277, or 278 of
the Immigration and Nationality Act (relating to the
smuggling of aliens); or’’.
SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN
SMUGGLING.
Section 1961(1) of title 18, United States Code, is
amended—
(1) by inserting ‘‘section 1028 (relating to
fraud and related activity in connection with identi-
fication documents),’’ before ‘‘section 1029’’;
(2) by inserting ‘‘section 1542 (relating to false
statement in application and use of passport), sec-
tion 1543 (relating to forgery or false use of pass-
port), section 1544 (relating to misuse of passport),
section 1546 (relating to fraud and misuse of visas,
permits, and other documents), sections 1581–1588
(relating to peonage and slavery),’’ after ‘‘section
1513 (relating to retaliating against a witness, vic-
tim, or an informant),’’;
(3) by striking ‘‘or’’ before ‘‘(E)’’; and
(4) by inserting before the period at the end the
following: ‘‘, or (F) any act which is indictable under
the Immigration and Nationality Act, section 274
Title II, Subtitle A
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(relating
to
bringing
in
and
harboring
certain
aliens), section 277 (relating to aiding or assisting
certain aliens to enter the United States), or section
278 (relating to importation of alien for immoral
purpose)’’.
SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN
SMUGGLING.
(a) IN GENERAL.—Section 274(a)(1) (8 U.S.C.
1324(a)(1)) is amended—
(1) in subparagraph (B)(i), by inserting ‘‘or in
the case of a violation of subparagraph (A)(ii), (iii),
or (iv) in which the offense was done for the purpose
of commercial advantage or private financial gain,’’
after ‘‘subparagraph (A)(i)’’, and
(2) by adding at the end the following new sub-
paragraph:
‘‘(C) Any person who engages in any conspiracy to
commit, or aids or abets the commission of, any of the
acts described in—
‘‘(i) subparagraph (A)(i) shall be fined under
title 18, United States Code, imprisoned not more
than 10 years, or both; or
‘‘(ii) clause (ii), (iii), or (iv) of subparagraph
(A) shall be fined under title 18, United States
Code, imprisoned not more than 5 years, or both.’’.
Title II, Subtitle A
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(b) SMUGGLING
OF ALIENS WHO WILL COMMIT
CRIMES.—Section 274(a)(2) (8 U.S.C. 1324(a)(2)) is
amended—
(1) in subparagraph (B)—
(A) by striking ‘‘or’’ at the end of clause
(ii),
(B) by adding ‘‘or’’ at the end of clause
(iii), and
(C) by inserting after clause (iii) the fol-
lowing:
‘‘(iv) an offense committed with the
intent or with reason to believe that the
alien unlawfully brought into the United
States will commit an offense against the
United States or any State punishable by
imprisonment for more than 1 year,’’; and
(2) by striking ‘‘be fined’’ and all that follows
through the period at the end and inserting the fol-
lowing: ‘‘be fined under title 18, United States Code,
and shall be imprisoned not less than 3 years or
more than 10 years.’’.
(c) APPLYING CERTAIN PENALTIES ON A PER ALIEN
BASIS.—Section
274(a)(2)
(8
U.S.C.
1324(a)(2))
is
amended by striking ‘‘for each transaction constituting a
violation of this paragraph, regardless of the number of
Title II, Subtitle A
HR 2202 RH
aliens involved’’ and inserting ‘‘for each alien in respect
to whom a violation of this paragraph occurs’’.
SEC.
204.
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 1996 shall be increased
by 25 above the number of Assistant United States Attor-
neys that could be employed as of September 30, 1994.
(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. 205. UNDERCOVER INVESTIGATION AUTHORITY.
(a) IN GENERAL.—Title II is amended by adding at
the end the following new section:
‘‘UNDERCOVER INVESTIGATION AUTHORITY
‘‘SEC. 294. (a) IN GENERAL.—With respect to any
undercover investigative operation of the Service which is
necessary for the detection and prosecution of crimes
against the United States—
‘‘(1) sums appropriated for the Service may be
used for leasing space within the United States and
the territories and possessions of the United States
without regard to the following provisions of law:
Title II, Subtitle A
HR 2202 RH
‘‘(A) section 3679(a) of the Revised Stat-
utes (31 U.S.C. 1341),
‘‘(B) section 3732(a) of the Revised Stat-
utes (41 U.S.C. 11(a)),
‘‘(C) section 305 of the Act of June 30,
1949 (63 Stat. 396; 41 U.S.C. 255),
‘‘(D) the third undesignated paragraph
under the heading ‘Miscellaneous’ of the Act of
March 3, 1877 (19 Stat. 370; 40 U.S.C. 34),
‘‘(E) section 3648 of the Revised Statutes
(31 U.S.C. 3324),
‘‘(F) section 3741 of the Revised Statutes
(41 U.S.C. 22), and
‘‘(G) subsections (a) and (c) of section 304
of the Federal Property and Administrative
Services Act of 1949 (63 Stat. 395; 41 U.S.C.
254 (a) and (c));
‘‘(2) sums appropriated for the Service may be
used to establish or to acquire proprietary corpora-
tions or business entities as part of an undercover
operation, and to operate such corporations or busi-
ness entities on a commercial basis, without regard
to the provisions of section 304 of the Government
Corporation Control Act (31 U.S.C. 9102);
Title II, Subtitle A
HR 2202 RH
‘‘(3) sums appropriated for the Service, and the
proceeds from the undercover operation, may be de-
posited in banks or other financial institutions with-
out regard to the provisions of section 648 of title
18, United States Code, and of section 3639 of the
Revised Statutes (31 U.S.C. 3302); and
‘‘(4) the proceeds from the undercover oper-
ation may be used to offset necessary and reasonable
expenses incurred in such operation without regard
to the provisions of section 3617 of the Revised
Statutes (31 U.S.C. 3302).
The authority set forth in this subsection may be exercised
only upon written certification of the Commissioner, in
consultation with the Deputy Attorney General, that any
action authorized by paragraph (1), (2), (3), or (4) is nec-
essary for the conduct of the undercover operation.
‘‘(b) DISPOSITION OF PROCEEDS NO LONGER RE-
QUIRED.—As soon as practicable after the proceeds from
an undercover investigative operation, carried out under
paragraphs (3) and (4) of subsection (a), are no longer
necessary for the conduct of the operation, the proceeds
or the balance of the proceeds remaining at the time shall
be deposited into the Treasury of the United States as
miscellaneous receipts.
Title II, Subtitle A
HR 2202 RH
‘‘(c) DISPOSITION OF CERTAIN CORPORATIONS AND
BUSINESS ENTITIES.—If a corporation or business entity
established or acquired as part of an undercover operation
under paragraph (2) of subsection (a) with a net value
of over $50,000 is to be liquidated, sold, or otherwise dis-
posed of, the Service, as much in advance as the Commis-
sioner or Commissioner’s designee determines practicable,
shall report the circumstances to the Attorney General,
the Director of the Office of Management and Budget, and
the Comptroller General. The proceeds of the liquidation,
sale, or other disposition, after obligations are met, shall
be deposited in the Treasury of the United States as mis-
cellaneous receipts.
‘‘(d) FINANCIAL AUDITS.—The Service shall conduct
detailed financial audits of closed undercover operations
on a quarterly basis and shall report the results of the
audits in writing to the Deputy Attorney General.’’.
(b) CLERICAL AMENDMENT.—The table of contents
is amended by inserting after the item relating to section
293 the following:
‘‘Sec. 294.
Undercover investigation authority.’’.
Title II, Subtitle B
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Subtitle B—Deterrence of
Document Fraud
SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDU-
LENT USE OF GOVERNMENT-ISSUED DOCU-
MENTS.
(a) FRAUD AND MISUSE OF GOVERNMENT-ISSUED
IDENTIFICATION DOCUMENTS.—Section 1028(b)(1) of
title 18, United States Code, is amended—
(1) in paragraph (1), by inserting ‘‘except as
provided in paragraphs (3) and (4),’’ after ‘‘(1)’’
and by striking ‘‘five years’’ and inserting ‘‘15
years’’;
(2) in paragraph (2), by inserting ‘‘except as
provided in paragraphs (3) and (4),’’ after ‘‘(2)’’
and by striking ‘‘and’’ at the end;
(3) by redesignating paragraph (3) as para-
graph (5); and
(4) by inserting after paragraph (2) the follow-
ing new paragraphs:
‘‘(3) a fine under this title or imprisonment for
not more than 20 years, or both, if the offense is
committed to facilitate a drug trafficking crime (as
defined in section 929(a)(2) of this title);
‘‘(4) a fine under this title or imprisonment for
not more than 25 years, or both, if the offense is
Title II, Subtitle B
HR 2202 RH
committed to facilitate an act of international terror-
ism (as defined in section 2331(1) of this title); or’’.
(b) CHANGES TO THE SENTENCING LEVELS.—Pur-
suant to section 944 of title 28, United States Code, and
section 21 of the Sentencing Act of 1987, the United
States Sentencing Commission shall promulgate guide-
lines, or amend existing guidelines, relating to defendants
convicted of violating, or conspiring to violate, sections
1546(a) and 1028(a) of title 18, United States Code. The
basic offense level under section 2L2.1 of the United
States Sentencing Guidelines shall be increased to—
(1) not less than offense level 15 if the offense
involved 100 or more documents;
(2) not less than offense level 20 if the offense
involved 1,000 or more documents, or if the docu-
ments were used to facilitate any other criminal ac-
tivity described in section 212(a)(2)(A)(i)(II) of the
Immigration
and
Nationality
Act
(8
U.S.C.
1182(a)(A)(i)(II)) or in section 101(a)(43) of such
Act; and
(3) not less than offense level 25 if the offense
involved—
(A) the provision of documents to a person
known or suspected of engaging in a terrorist
activity (as such terms are defined in section
Title II, Subtitle B
HR 2202 RH
212(a)(3)(B) of the Immigration and National-
ity Act (8 U.S.C. 1182(a)(3)(B));
(B) the provision of documents to facilitate
a terrorist activity or to assist a person to en-
gage in terrorist activity (as such terms are de-
fined in section 212(a)(3)(B) of the Immigra-
tion
and
Nationality
Act
(8
U.S.C.
1182(a)(3)(B)); or
(C) the provision of documents to persons
involved in racketeering enterprises (as such
acts or activities are defined in section 1952 of
title 18, United States Code).
SEC. 212. NEW CIVIL PENALTIES FOR DOCUMENT FRAUD.
(a) ACTIVITIES PROHIBITED.—Section 274C(a) (8
U.S.C. 1324c(a)) is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(3);
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘, or’’; and
(3) by adding at the end the following:
‘‘(5) in reckless disregard of the fact that the
information is false or does not relate to the appli-
cant, to prepare, to file, or to assist another in pre-
paring or filing, documents which are falsely made
Title II, Subtitle B
HR 2202 RH
for the purpose of satisfying a requirement of this
Act.
For purposes of this section, the term ‘falsely made’ in-
cludes, with respect to a document or application, the
preparation or provision of the document or application
with knowledge or in reckless disregard of the fact that
such document contains a false, fictitious, or fraudulent
statement or material representation, or has no basis in
law or fact, or otherwise fails to state a material fact per-
taining to the document or application.’’.
(b) CONFORMING AMENDMENTS
FOR CIVIL PEN-
ALTIES.—Section 274C(d)(3) (8 U.S.C. 1324c(d)(3)) is
amended by striking ‘‘each document used, accepted, or
created and each instance of use, acceptance, or creation’’
both places it appears and inserting ‘‘each instance of a
violation under subsection (a)’’.
(c) EFFECTIVE DATES.—(1) The amendments made
by subsection (a) shall apply to the preparation or filing
of documents, and assistance in such preparation or filing,
occurring on or after the date of the enactment of this
Act.
(2) The amendment made by subsection (b) shall
apply to violations occurring on or after the date of the
enactment of this Act.
Title II, Subtitle B
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SEC. 213. NEW CIVIL PENALTY FOR FAILURE TO PRESENT
DOCUMENTS.
(a)
IN
GENERAL.—Section
274C(a)
(8
U.S.C.
1324c(a)), as amended by section 212(a), is further
amended—
(1) by striking ‘‘or’’ at the end of paragraph
(4);
(2) by striking the period at the end of para-
graph (5) and inserting ‘‘; or’’; and
(3) by adding at the end the following new
paragraph:
‘‘(6) to present before boarding a common car-
rier for the purpose of coming to the United States
a document which relates to the alien’s eligibility to
enter the United States and to fail to present such
document to an immigration officer upon arrival at
a United States port of entry. The Attorney General
may, in his or her discretion, waive the penalties of
this section with respect to an alien who knowingly
violates paragraph (6) if the alien is granted asylum
under section 208 or withholding of deportation
under section 243(h).’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to individuals who board a com-
mon carrier on or after 30 days after the date of the enact-
ment of this Act.
Title II, Subtitle B
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SEC. 214. NEW CRIMINAL PENALTIES FOR FAILURE TO DIS-
CLOSE ROLE AS PREPARER OF FALSE APPLI-
CATION FOR ASYLUM AND FOR PREPARING
CERTAIN POST-CONVICTION APPLICATIONS.
Section 274C (8 U.S.C. 1324c) is amended by adding
at the end the following new subsection:
‘‘(e) CRIMINAL PENALTIES FOR FAILURE TO DIS-
CLOSE ROLE AS DOCUMENT PREPARER.—
‘‘(1) If a person is required by law or regulation
to disclose the fact that the person, on behalf of an-
other person and for a fee or other remuneration,
has prepared or assisted in preparing an application
for asylum pursuant to section 208, or the regula-
tions promulgated thereunder and who knowingly
and willfully fails to disclose, conceals, or covers up
such fact, and the application was falsely made, the
person shall—
‘‘(A) be imprisoned for not less than 2 nor
more than 5 years, fined in accordance with
title 18, United States Code, or both, and
‘‘(B) be prohibited from preparing or as-
sisting in preparing, regardless of whether for
a fee or other remuneration, any other such ap-
plication for a period of at least 5 years and not
more than 15 years.
Title II, Subtitle B
HR 2202 RH
‘‘(2) Whoever, having been convicted of a viola-
tion of paragraph (1), knowingly and willfully pre-
pares or assists in preparing an application for asy-
lum pursuant to section 208, or the regulations pro-
mulgated thereunder, regardless of whether for a fee
or other remuneration, in violation of paragraph
(1)(B) shall be imprisoned for not less than 5 years
or more than 15 years, fined in accordance with title
18, United States Code, or both, and prohibited
from preparing or assisting in preparing any other
such application.’’.
SEC. 215. CRIMINAL PENALTY FOR KNOWINGLY PRESENT-
ING DOCUMENT WHICH FAILS TO CONTAIN
REASONABLE BASIS IN LAW OR FACT.
The fourth paragraph of section 1546(a) of title 18,
United States Code, is amended by striking ‘‘containing
any such false statement’’ and inserting ‘‘which contains
any such false statement or which fails to contain any rea-
sonable basis in law or fact’’.
SEC. 216. CRIMINAL PENALTIES FOR FALSE CLAIM TO CITI-
ZENSHIP.
Section 1015 of title 18, United States Code, is
amended—
(1) by striking the dash at the end of para-
graph (d) and inserting ‘‘; or’’, and
Title II, Subtitle C
HR 2202 RH
(2) by inserting after paragraph (d) the follow-
ing:
‘‘(e) Whoever knowingly makes any false statement
or claim that he is, or at any time has been, a citizen
or national of the United States, with the intent to obtain
on behalf of himself, or any other person, any Federal ben-
efit or service, or to engage unlawfully in employment in
the United States—’’.
Subtitle C—Asset Forfeiture for
Passport and Visa Offenses
SEC. 221. CRIMINAL FORFEITURE FOR PASSPORT AND VISA
RELATED OFFENSES.
Section 982 of title 18, United States Code, is
amended—
(1) in subsection (a), by inserting after para-
graph (5) the following new paragraph:
‘‘(6) The court, in imposing sentence on a person con-
victed of a violation of, or conspiracy to violate, section
1541, 1542, 1543, 1544, or 1546 of this title, or a viola-
tion of, or conspiracy to violate, section 1028 of this title
if committed in connection with passport or visa issuance
or use, shall order that the person forfeit to the United
States any property, real or personal, which the person
used, or intended to be used, in committing, or facilitating
the commission of, the violation, and any property con-
Title III, Subtitle A
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stituting, or derived from, or traceable to, any proceeds
the person obtained, directly or indirectly, as a result of
such violation.’’, and
(2) in subsection (b)(1)(B), by inserting ‘‘or
(a)(6)’’ after ‘‘(a)(2)’’.
SEC. 222. SUBPOENAS FOR BANK RECORDS.
Section 986(a) of title 18, United States Code, is
amended by inserting ‘‘1028, 1541, 1542, 1543, 1544,
1546,’’ before ‘‘1956’’.
SEC. 223. EFFECTIVE DATE.
The amendments made by this subtitle shall take ef-
fect on the first day of the first month that begins more
than 90 days after the date of the enactment of this Act.
TITLE III—INSPECTION, APPRE-
HENSION, DETENTION, ADJU-
DICATION, AND REMOVAL OF
INADMISSIBLE AND DEPORT-
ABLE ALIENS
Subtitle A—Revision of Procedures
for Removal of Aliens
SEC. 300. OVERVIEW OF CHANGES IN REMOVAL PROCE-
DURES.
This subtitle amends the provisions of the Immigra-
tion and Nationality Act relating to procedures for inspec-
Title III, Subtitle A
HR 2202 RH
tion, exclusion, and deportation of aliens so as to provide
for the following:
(1) EXPEDITED REMOVAL FOR UNDOCUMENTED
ALIENS.—Aliens arriving without valid documents
are subject to an expedited removal process, without
an evidentiary hearing and subject to strictly limited
judicial review.
(2) NO REWARD FOR ILLEGAL ENTRANTS OR
VISA OVERSTAYERS.—No alien will gain immigration
benefits by entering illegally or overstaying the pe-
riod of authorized admission. Such aliens will not be
eligible for most discretionary immigration benefits,
such as suspension of removal and work authoriza-
tion.
(3) STRICTER STANDARDS TO ASSURE DETEN-
TION OF ALIENS.—There are more stringent stand-
ards for the release of aliens (particularly aliens con-
victed of aggravated felonies) during and after re-
moval proceedings.
(4) SIMPLIFIED, SINGLE REMOVAL PROCEEDING
(IN PLACE OF SEPARATE EXCLUSION AND DEPORTA-
TION PROCEEDINGS).—The procedures for exclusion
and deportation are consolidated into a simpler, sin-
gle procedure for removal of inadmissible and de-
portable aliens.
Title III, Subtitle A
HR 2202 RH
(5) STREAMLINED JUDICIAL REVIEW.—Judicial
review is streamlined through removing a layer of re-
view in exclusion cases, shortening the time period
to file for review, and permitting the removal of in-
admissible aliens pending the review.
(6) INCREASED
PENALTIES
TO
ASSURE
RE-
MOVAL AND PREVENT FURTHER REENTRY.—Aliens
who are ordered removed are subject to civil money
penalties for failure to depart on time and if they
seek reentry they are subject to immediate removal
under the prior order.
(7) PROTECTION
OF
APPLICANTS
FOR
ASY-
LUM.—Throughout the process, the procedures pro-
tect those aliens who present credible claims for asy-
lum by giving them an opportunity for a full hearing
on their claims.
(8) REORGANIZATION.—The provisions of the
Act are reorganized to provide a more logical pro-
gression from arrival and inspection through pro-
ceedings and removal.
Title III, Subtitle A
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SEC. 301. TREATING PERSONS PRESENT IN THE UNITED
STATES WITHOUT AUTHORIZATION AS NOT
ADMITTED.
(a) ‘‘ADMISSION’’ DEFINED.—Paragraph (13) of sec-
tion 101(a) (8 U.S.C. 1101(a)) is amended to read as fol-
lows:
‘‘(13)(A) The terms ‘admission’ and ‘admitted’ mean,
with respect to an alien, the entry of the alien into the
United States after inspection and authorization by an im-
migration officer.
‘‘(B) An alien who is paroled under section 212(d)(5)
or permitted to land temporarily as an alien crewman shall
not be considered to have been admitted.
‘‘(C) An alien lawfully admitted for permanent resi-
dence in the United States shall not be regarded as seek-
ing an admission into the United States for purposes of
the immigration laws unless the alien—
‘‘(i) has abandoned or relinquished that status,
‘‘(ii) has engaged in illegal activity after having
departed the United States,
‘‘(iii) has departed from the United States while
under legal process seeking removal of the alien
from the United States, including removal proceed-
ings under this Act and extradition proceedings, or
Title III, Subtitle A
HR 2202 RH
‘‘(iv) has been convicted of an aggravated fel-
ony, unless since such conviction the alien has been
granted relief under section 240A(a).’’.
(b) INADMISSIBILITY OF ALIENS PRESENT WITHOUT
ADMISSION
OR
PAROLE.—Section
212(a)
(8
U.S.C.
1182(a)) is further amended by redesignating paragraph
(9) as paragraph (10) and by inserting after paragraph
(8) the following new paragraph:
‘‘(9) PRESENT
WITHOUT
ADMISSION
OR
PA-
ROLE.—An alien present in the United States with-
out being admitted or paroled, or who arrives in the
United States at any time or place other than as
designated by the Attorney General, is inadmis-
sible.’’.
(c) REVISION TO GROUND OF INADMISSIBILITY FOR
ILLEGAL ENTRANTS
AND IMMIGRATION VIOLATORS.—
Subparagraphs (A) and (B) of section 212(a)(6) (8 U.S.C.
1182(a)(6)) are amended to read as follows:
‘‘(A) ALIENS PREVIOUSLY REMOVED.—
‘‘(i)
ARRIVING
ALIENS.—Any
alien
who has been ordered removed under sec-
tion 235(b)(1) or at the end of proceedings
under
section
240
initiated
upon
the
alien’s arrival in the United States and
who again seeks admission within 5 years
Title III, Subtitle A
HR 2202 RH
of the date of such removal is inadmissible,
unless prior to the alien’s reembarkation at
a place outside the United States or at-
tempt to be admitted from foreign contig-
uous territory the Attorney General has
consented to the alien’s reapplying for ad-
mission.
‘‘(ii) OTHER ALIENS.—Any alien not
described in clause (i) who has been or-
dered removed under section 240 or any
other provision of law and who again seeks
admission within 10 years of the date of
such removal (or within 20 years in the
case of an alien convicted of an aggravated
felony) is inadmissible, unless prior to the
alien’s reembarkation at a place outside
the United States or attempt to be admit-
ted from foreign contiguous territory the
Attorney General has consented to the
alien’s reapplying for admission.
‘‘(B) ALIENS PRESENT UNLAWFULLY FOR
MORE THAN 1 YEAR.—
‘‘(i) IN GENERAL.—Any alien who was
unlawfully present in the United States for
an aggregate period totaling 1 year is in-
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admissible unless the alien has remained
outside the United States for a period of
10 years.
‘‘(ii) EXCEPTIONS.—
‘‘(I) MINORS.—No period of time
in which an alien is under 21 years of
age shall be taken into account in de-
termining the period of unlawful pres-
ence
in
the
United
States
under
clause (i).
‘‘(II)
ASYLEES.—No
period
of
time in which an alien has a bona fide
application for asylum pending under
section 208 shall be taken into ac-
count in determining the period of un-
lawful presence in the United States
under clause (i).
‘‘(iii)
EXTENSION.—The
Attorney
General may extend the period of 1 year
under clause (i) to a period of 15 months
in the case of an alien who applies to the
Attorney General (before the alien has
been
present
unlawfully
in
the
United
States for a period totaling 1 year) and es-
Title III, Subtitle A
HR 2202 RH
tablishes to the satisfaction of the Attorney
General that—
‘‘(I) the alien is not inadmissible
under clause (i) at the time of the ap-
plication, and
‘‘(II) the failure to extend such
period would constitute an extreme
hardship for the alien.’’.
(d)
ADJUSTMENT
IN
GROUNDS
FOR
DEPORTA-
TION.—Section 241 (8 U.S.C. 1251) is amended—
(1) in the matter before paragraph (1) of sub-
section (a), by striking ‘‘in the United States’’ and
inserting ‘‘in and admitted to the United States’’;
(2) in subsection (a)(1), by striking ‘‘EXCLUD-
ABLE’’ each place it appears and inserting ‘‘INAD-
MISSIBLE’’;
(3) in subsection (a)(1)(A), by striking ‘‘exclud-
able’’ and inserting ‘‘inadmissible’’; and
(4) by amending subparagraph (B) of sub-
section (a)(1) to read as follows:
‘‘(B) PRESENT IN VIOLATION OF LAW.—
Any alien who is present in the United States
in violation of this Act or any other law of the
United States is deportable.’’.
Title III, Subtitle A
HR 2202 RH
SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL
OF INADMISSIBLE ARRIVING ALIENS; REFER-
RAL FOR HEARING (REVISED SECTION 235).
Section 235 (8 U.S.C. 1225) is amended to read as
follows:
‘‘INSPECTION
BY
IMMIGRATION
OFFICERS;
EXPEDITED
REMOVAL OF INADMISSIBLE ARRIVING ALIENS; RE-
FERRAL FOR HEARING
‘‘SEC. 235. (a) INSPECTION.—
‘‘(1) ALIENS TREATED AS APPLICANTS FOR AD-
MISSION.—An alien present in the United States
who has not been admitted or who arrives in the
United States (whether or not at a designated port
of arrival) shall be deemed for purposes of this Act
an applicant for admission.
‘‘(2) STOWAWAYS.—An arriving alien who is a
stowaway is not eligible to apply for admission or to
be admitted and shall be ordered removed upon in-
spection by an immigration officer.
‘‘(3) INSPECTION.—All aliens (including alien
crewmen) who are applicants for admission or other-
wise seeking admission or readmission to or transit
through the United States shall be inspected by im-
migration officers.
‘‘(4) WITHDRAWAL OF APPLICATION FOR AD-
MISSION.—An alien applying for admission may, in
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the discretion of the Attorney General and at any
time, be permitted to withdraw the application for
admission and depart immediately from the United
States.
‘‘(5) STATEMENTS.—An applicant for admis-
sion may be required to state under oath any infor-
mation sought by an immigration officer regarding
the purposes and intentions of the applicant in seek-
ing admission to the United States, including the
applicant’s intended length of stay and whether the
applicant intends to remain permanently or become
a United States citizen, and whether the applicant
is inadmissible.
‘‘(b) INSPECTION OF APPLICANTS FOR ADMISSION.—
‘‘(1) INSPECTION OF ALIENS ARRIVING IN THE
UNITED STATES.—
‘‘(A) SCREENING.—If the examining immi-
gration officer determines that an alien arriving
in the United States (whether or not at a port
of
entry)
is
inadmissible
under
section
212(a)(6)(C) or 212(a)(7) and—
‘‘(i) does not indicate either an inten-
tion to apply for asylum under section 208
or a fear of persecution, the officer shall
order the alien removed from the United
Title III, Subtitle A
HR 2202 RH
States without further hearing or review;
or
‘‘(ii) indicates an intention to apply
for asylum under section 208 or a fear of
persecution, the officer shall refer the alien
for an interview by an asylum officer under
subparagraph (B).
‘‘(B) ASYLUM INTERVIEWS.—
‘‘(i)
CONDUCT
BY
ASYLUM
OFFI-
CERS.—An asylum officer shall promptly
conduct interviews of aliens referred under
subparagraph (A)(ii).
‘‘(ii)
REFERRAL
OF
CERTAIN
ALIENS.—If the officer determines at the
time of the interview that an alien has a
credible fear of persecution (within the
meaning of clause (v)), the alien shall be
detained for further consideration of the
application for asylum.
‘‘(iii) REMOVAL
WITHOUT
FURTHER
REVIEW IF NO CREDIBLE FEAR OF PERSE-
CUTION.—
‘‘(I) IN
GENERAL.—Subject
to
subclause (II), if the officer deter-
mines that an alien does not have a
Title III, Subtitle A
HR 2202 RH
credible fear of persecution, the officer
shall order the alien removed from the
United States without further hearing
or review.
‘‘(II) REVIEW
OF
DETERMINA-
TION
BY
SUPERVISORY
OFFICER.—
The Attorney General shall promul-
gate regulations to provide for the im-
mediate review by a supervisory asy-
lum officer at the port of entry of a
determination under subclause (I).
‘‘(iv)
INFORMATION
ABOUT
INTER-
VIEWS.—The Attorney General shall pro-
vide information concerning the asylum
interview described in this subparagraph to
aliens who may be eligible. An alien who is
eligible for such interview may consult with
a person or persons of the alien’s choosing
prior to the interview or any review there-
of, according to regulations prescribed by
the Attorney General. Such consultation
shall be at no expense to the Government
and shall not delay the process.
‘‘(v) CREDIBLE
FEAR
OF
PERSECU-
TION DEFINED.—For purposes of this sub-
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HR 2202 RH
paragraph, the term ‘credible fear of perse-
cution’ means (I) that it is more probable
than not that the statements made by the
alien in support of the alien’s 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 of-
ficer, that the alien could establish eligi-
bility for asylum under section 208.
‘‘(C) LIMITATION ON ADMINISTRATIVE RE-
VIEW.—A removal order entered in accordance
with subparagraph (A)(i) or (B)(iii)(I) is not
subject to administrative appeal, except that the
Attorney General shall provide by regulation for
prompt review of such an order under subpara-
graph (A)(i) against an alien who claims under
oath, or as permitted under penalty of perjury
under section 1746 of title 28, United States
Code, after having been warned of the penalties
for falsely making such claim under such condi-
tions, to have been lawfully admitted for perma-
nent residence.
‘‘(D) LIMIT ON COLLATERAL ATTACKS.—
In any action brought against an alien under
section 275(a) or section 276, the court shall
Title III, Subtitle A
HR 2202 RH
not have jurisdiction to hear any claim attack-
ing the validity of an order of removal entered
under subparagraph (A)(i) or (B)(iii)(I).
‘‘(E)
ASYLUM
OFFICER
DEFINED.—As
used in this paragraph, the term ‘asylum offi-
cer’ means an immigration officer who—
‘‘(i) has had professional training in
country conditions, asylum law, and inter-
view techniques, and
‘‘(ii) is supervised by an officer who
meets the condition described in clause (i).
‘‘(2) INSPECTION OF OTHER ALIENS.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), in the case of an alien who is an ap-
plicant for admission, if the examining immi-
gration officer determines that an alien seeking
admission is not clearly and beyond a doubt en-
titled to be admitted, the alien shall be detained
for a hearing under section 240.
‘‘(B)
EXCEPTION.—Subparagraph
(A)
shall not apply to an alien—
‘‘(i) who is a crewman,
‘‘(ii) to whom paragraph (1) applies,
or
‘‘(iii) who is a stowaway.
Title III, Subtitle A
HR 2202 RH
‘‘(3) CHALLENGE OF DECISION.—The decision
of the examining immigration officer, if favorable to
the admission of any alien, shall be subject to chal-
lenge by any other immigration officer and such
challenge shall operate to take the alien whose privi-
lege to be admitted is so challenged, before an immi-
gration judge for a hearing under section 240.
‘‘(c) REMOVAL OF ALIENS INADMISSIBLE ON SECU-
RITY AND RELATED GROUNDS.—
‘‘(1) REMOVAL WITHOUT FURTHER HEARING.—
If an immigration officer or an immigration judge
suspects that an alien who has not been admitted to
the United States may be inadmissible under sub-
paragraph (A) (other than clause (ii)), (B), or (C)
of section 212(a)(3), the officer or judge shall—
‘‘(A) order the alien removed, subject to
review under paragraph (2);
‘‘(B) report the order of removal to the At-
torney General; and
‘‘(C) not conduct any further inquiry or
hearing until ordered by the Attorney General.
‘‘(2) REVIEW
OF
ORDER.—(A) The Attorney
General shall review orders issued under paragraph
(1).
‘‘(B) If the Attorney General—
Title III, Subtitle A
HR 2202 RH
‘‘(i) is satisfied on the basis of confidential
information that the alien is inadmissible under
subparagraph (A) (other than clause (ii)), (B),
or (C) of section 212(a)(3), and
‘‘(ii) after consulting with appropriate se-
curity agencies of the United States Govern-
ment, concludes that disclosure of the informa-
tion would be prejudicial to the public interest,
safety, or security,
the Attorney General may order the alien removed
without further inquiry or hearing by an immigra-
tion judge.
‘‘(C) If the Attorney General does not order the
removal of the alien under subparagraph (B), the
Attorney General shall specify the further inquiry or
hearing that shall be conducted in the case.
‘‘(3) SUBMISSION OF STATEMENT AND INFOR-
MATION.—The alien or the alien’s representative
may submit a written statement and additional in-
formation for consideration by the Attorney General.
‘‘(d) AUTHORITY RELATING TO INSPECTIONS.—
‘‘(1) AUTHORITY TO SEARCH CONVEYANCES.—
Immigration officers are authorized to board and
search any vessel, aircraft, railway car, or other con-
Title III, Subtitle A
HR 2202 RH
veyance or vehicle in which they believe aliens are
being brought into the United States.
‘‘(2) AUTHORITY TO ORDER DETENTION AND
DELIVERY OF ARRIVING ALIENS.—Immigration offi-
cers are authorized to order an owner, agent, mas-
ter, commanding officer, person in charge, purser, or
consignee of a vessel or aircraft bringing an alien
(except
an
alien
crewmember)
to
the
United
States—
‘‘(A) to detain the alien on the vessel or at
the airport of arrival, and
‘‘(B) to deliver the alien to an immigration
officer for inspection or to a medical officer for
examination.
‘‘(3) ADMINISTRATION OF OATH AND CONSID-
ERATION OF EVIDENCE.—The Attorney General and
any immigration officer shall have power to admin-
ister oaths and to take and consider evidence of or
from any person touching the privilege of any alien
or person he believes or suspects to be an alien to
enter, reenter, transit through, or reside in the Unit-
ed States or concerning any matter which is mate-
rial and relevant to the enforcement of this Act and
the administration of the Service.
Title III, Subtitle A
HR 2202 RH
‘‘(4) SUBPOENA AUTHORITY.—(A) The Attor-
ney General and any immigration officer shall have
power to require by subpoena the attendance and
testimony of witnesses before immigration officers
and the production of books, papers, and documents
relating to the privilege of any person to enter, reen-
ter, reside in, or pass through the United States or
concerning any matter which is material and rel-
evant to the enforcement of this Act and the admin-
istration of the Service, and to that end may invoke
the aid of any court of the United States.
‘‘(B) Any United States district court within
the jurisdiction of which investigations or inquiries
are being conducted by an immigration officer may,
in the event of neglect or refusal to respond to a
subpoena issued under this paragraph or refusal to
testify before an immigration officer, issue an order
requiring such persons to appear before an immigra-
tion officer, produce books, papers, and documents
if demanded, and testify, and any failure to obey
such order of the court may be punished by the
court as a contempt thereof.’’.
671
Title V, Subtitle A
HR 2202 RH
level for a fiscal year under paragraph (2) or (3)
shall not reduce the number of visas available to
parents of United States citizens below 25,000.
‘‘(5) ADJUSTMENT
IN
CERTAIN
EMPLOYMENT-
BASED VISA NUMBERS IN CASE OF REMAINING EXCESS
FAMILY ADMISSIONS.—
‘‘(A) IN GENERAL.—If there is a remaining
excess number of family admissions (as described
in subparagraph (B)) in a fiscal year (beginning
with fiscal year 1997) that is greater than zero,
then for the following fiscal year there shall be
reductions in immigrant visa numbers made
available under subsection (d) and section
203(b)(4) by the lesser of—
‘‘(i) the remaining excess number of
family admissions (described in subpara-
graph (B)), or
‘‘(ii) 1⁄2 of the maximum number of
visa numbers that could (but for this para-
graph) otherwise be made available under
section 203(b)(5) in such following fiscal
year.
‘‘(B) REMAINING EXCESS NUMBER OF FAM-
ILY ADMISSIONS DESCRIBED.—For purposes of
subparagraph (A), the ‘remaining excess number