SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Immigration Stabiliza-
tion Act of 1993’’.
SEC. 2. TABLE OF TITLES.
TITLE I—ADMISSION OF IMMIGRANTS
TITLE II—ADMISSION OF REFUGEES
TITLE III—ASYLUM REFORM
TITLE IV—CRIMINAL ALIENS
TITLE V—FINANCIAL RESPONSIBILITY
TITLE VI—EMPLOYER SANCTIONS
TITLE VII—BORDER SECURITY
TITLE VIII—ALIEN SMUGGLING
TITLE IX—LOCAL COOPERATION
TITLE X—CITIZENSHIP
SEC. 3. EFFECTIVE DATE.
Except where otherwise specifically provided, the pro-
visions of this Act are effective for fiscal years after fiscal
year 1993.
TITLE I—ADMISSION OF IMMIGRANTS
SEC. 101. WORLDWIDE LEVELS OF IMMIGRATION.
Section 201 of the Immigration and Nationality Act
(8 U.S.C. 1151) is amended—
(a) by striking subsection (c) and inserting:
‘‘(c) The worldwide level of family-sponsored immi-
grants is—
‘‘(i) 300,000, minus the number of aliens de-
scribed in sections 201(b)(2) and 203(b) who were
issued immigrant visas or who otherwise acquired
the status of aliens lawfully admitted to the United
States for permanent residence in the previous fiscal
year;’’;
(b) by striking subsection (d) and inserting:
‘‘(d) The worldwide level of employment-based immi-
grants is 40,000’’; and
(c) by striking ‘‘55,000’’ from subsection (e)
and inserting ‘‘zero’’.
SEC. 102. ALLOTMENT OF VISAS.
Section 203 of the Immigration and Nationality Act
(8 U.S.C. 1153) is amended by—
(a) adding the following paragraph to sub-
section (a):
‘‘(5) If the worldwide level of family-sponsored
immigrants for any fiscal year is less than 226,000,
then the maximum number of visas that can be al-
lotted to any class of family-sponsored immigrants
under this subsection shall be proportionately re-
duced for that fiscal year;’’;
(b) striking subsection (b) and inserting:
‘‘(b) ALLOCATION FOR EMPLOYMENT-BASED IMMI-
GRANTS.—Visas shall be made available in a number not
to exceed the worldwide level of employment-based immi-
grants to qualified immigrants who are aliens described
in any of the following paragraphs (1) through (3).
‘‘(1) ALIENS WITH EXTRAORDINARY ABILITY.—
An alien is described in this paragraph if—
‘‘(A) the alien has extraordinary ability in
the sciences, arts, education, business, or ath-
letics which has been demonstrated by sus-
tained national or international acclaim and
whose achievements have been recognized in the
field through extensive documentation,
‘‘(B) the alien seeks to enter the United
States to continue work in the area of extraor-
dinary ability, and
‘‘(C) the alien’s entry into the United
States will substantially benefit prospectively
the United States.
‘‘(2) OUTSTANDING
PROFESSORS
AND
RE-
SEARCHERS.—An alien is described in this para-
graph if—
‘‘(A) the alien is recognized internationally
as outstanding in a specific academic area,
‘‘(B) the alien has at least 3 years of expe-
rience in teaching or research in the academic
area, and
‘‘(C) the alien seeks to enter the United
States—
‘‘(i) for a tenured position (or tenure-
track position) within a university or insti-
tution of higher education to teach in the
academic area,
‘‘(ii) for a comparable position with a
university or institution of higher edu-
cation to conduct research in the area, or
‘‘(iii) for a comparable position to
conduct research in the area with a depart-
ment, division, or institute of a private em-
ployer, if the department, division, or insti-
tute employs at least 3 persons full-time in
research activities and has achieved docu-
mented accomplishments in an academic
field.
‘‘(3) CERTAIN
MULTINATIONAL
EXECUTIVES
AND MANAGERS.—An alien is described in this para-
graph if the alien, in the 3 years preceding the time
of the alien’s application for classification and ad-
mission into the United States under this paragraph,
has been employed for at least 1 year by a firm or
corporation or other legal entity or an affiliate or
subsidiary thereof and the alien seeks to enter the
United States in order to continue to render services
to the same employer or to a subsidiary or affiliate
thereof in a capacity that is managerial or execu-
tive.’’.
(c) striking subsection (c) and inserting:
‘‘(c) Visas shall be made available to employment-re-
lated immigrants in the order in which a petition on behalf
of each such immigrant is filed with the Attorney General
and waiting lists of applicants for visas shall be main-
tained in accordance with regulations prescribed by the
Secretary of State.’’;
(d) striking ‘‘(a), (b), or (c)’’ from subsections
(d), (f), and (g) and inserting ‘‘(a) or (b)’’;
(e) striking subsection (e); and
(f) renumbering subsections (f) and (g) as (e)
and (f), respectively.
SEC. 103. APPROVAL OF PETITIONS.
Section 204 of the Immigration and Nationality Act
(8 U.S.C. 1154) is amended by—
(a) striking from subsection (a)(1)(A) ‘‘the clas-
sification by reason of a relationship described in
paragraph (1), (3), or (4) of section 203(a) or’’;
(b) striking from subsection (a)(1) subpara-
graphs (B), (C), (D), (E), (F), (G), and inserting:
‘‘(B) Any alien desiring to be classified
under section 203(b), or any person on behalf
of such an alien, may file a petition with the
Attorney General for such classification.’’;
(c) striking from subsection (e) ‘‘as an immi-
grant under subsection (a), (b), or (c) of section 203
or’’;
(d) striking from subsection (f)(i) ‘‘, 203(a)(1),
or 203(a)(3), as appropriate’’; and
(e) adding:
‘‘(h) Notwithstanding any other provision of this sec-
tion, the Attorney General shall not approve after Septem-
ber 30, 1993, any petitions other than for immediate rel-
ative status under section 201(b)(2) or classification by
reason of a relationship described in section 203(b).’’.
SEC. 104. CONFORMING AMENDMENTS.
The Immigration and Nationality Act is amended
by—
(a) striking from section 203(a)(1) ‘‘UNMAR-
RIED SONS OR DAUGHTERS OF CITIZENS.—Quali-
fied immigrants who are the unmarried sons or
daughters of citizens of the United States’’ and in-
serting ‘‘PARENTS OF ADULT UNITED STATES CITI-
ZENS.—Qualified immigrants who are the parents of
citizens of the United States who are at least 21
years of age’’; and
(b) striking ‘‘MARRIED’’ and ‘‘married’’ from
section 203(a)(3) .
TITLE II—ADMISSION OF REFUGEES
SEC. 201. NUMBER OF ADMISSIONS.
Section 207 of the Immigration and Nationality Act
(8 U.S.C. 1157) is amended by striking subsection (a) and
inserting:
‘‘(a) Except as provided in subsection (b), the number
of refugees who may be admitted under this section in any
fiscal year may not exceed 50,000. Admissions under this
subsection shall be allocated by the President among refu-
gees of special humanitarian concern to the United
States.’’.
SEC. 202. NONDISCRIMINATION IN REFUGEE ADMISSIONS.
(a) Public Law 89–732, as amended by Public Law
94–571, is repealed.
(b) Section 207 of the Immigration and Nationality
Act (8 U.S.C. 1157) is amended by adding after sub-
section (e) thereof:
‘‘(f) Determinations of the allocation of admissions
under subsections (a) and (b), determinations of admis-
sions under subsection (c), and procedures for the deter-
mination of refugee status shall not discriminate in favor
an asylum officer under subparagraph (C) any alien
who has indicated an intention to apply for 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 asylum under section
208.
‘‘(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.
‘‘(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.
‘‘(6) INTERIOR REPATRIATION.—The Secretary
of State shall undertake to enter into, on behalf of
the United States, arrangements with the govern-
ments of countries contiguous to the United States
that any excludable or deportable alien who is to de-
part the United States to such country under an
order of deportation, under a grant of voluntary de-
parture with safeguards, or at a time when the alien
is in federal custody shall be transported to a point
in the contiguous country that, to the extent prac-
ticable, is not less than 500 kilometers from the bor-
der of the United States.’’.
(b) GROUNDS FOR EXCLUSION.—Section 221(a)(6)
of the Immigration and Nationality Act is amended by
adding the following paragraphs:
‘‘(G)(i) Any alien who, in seeking entry to the
United States or boarding a common carrier for the
purpose of coming to the United States, presents
any document which is forged, counterfeit, altered,
falsely made, stolen, or inapplicable to the alien pre-
senting the document, or otherwise contains a mis-
representation of a material fact, shall be excluded.
‘‘(ii) Subparagraph (ii) shall not apply to an
alien if, in the determination of the asylum officer,
the document or documents to which that subpara-
graph refers were presented by the alien solely to en-
able the alien to depart directly from—
‘‘(A) a country in which the alien had a
credible fear of persecution; or
‘‘(B) a country in which there was a sig-
nificant danger that the alien would be returned
to a country in which the alien would have a
credible fear of persecution.
‘‘(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 asylum under section 208.
‘‘(H) Any alien who, in boarding a common car-
rier for the purpose of coming to the United States,
presents a document that relates or purports to re-
late to the alien’s eligibility to enter the United
States, and fails to present such document to an im-
migration officer upon arrival at a port of entry into
the United States, shall be excluded.’’.
(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. 302. ASYLUM.
(a) IN GENERAL.—Section 208 (8 U.S.C. 1158) is
amended to read as follows:
‘‘SEC. 208. (a) ASYLUM.—
‘‘(1) RIGHT
TO
APPLY.—An alien physically
present in the United States or at a land border or
port of entry may apply for asylum in accordance
with this section.
‘‘(2) CONDITIONS FOR GRANTING.—
‘‘(A) GRANTS BY ATTORNEY GENERAL.—
The Attorney General may grant asylum to an
alien if the alien applies for asylum in accord-
ance with the requirements of this section and
establishes that it is more probable than not
that in the alien’s country of nationality (or, in
the case of a person having no nationality, the
country in which such alien last habitually re-
sided) such alien would be arrested and incar-
cerated or such alien’s life would be threatened
on account of race, religion, nationality, mem-
bership in a particular social group, or political
opinion.
‘‘(B) 
EXCEPTION.—Subparagraph 
(A)
shall not apply to an alien if the Attorney Gen-
eral determines that—
‘‘(i) the alien ordered, incited, as-
sisted, or otherwise participated in the per-
secution of any person on account of race,
religion, nationality, membership in a par-
ticular social group, or political opinion;
‘‘(ii) the alien, having been convicted
by a final judgment of a particularly seri-
ous crime, constitutes a danger to the com-
munity of the United States;
‘‘(iii) there are serious reasons for be-
lieving that the alien has committed a seri-
ous nonpolitical crime outside the United
States prior to the arrival of the alien in
the United States;
‘‘(iv) there are reasonable grounds for
regarding the alien as a danger to the se-
curity of the United States; or
‘‘(v) a country willing to accept the
alien has been identified (other than the
country described in subparagraph (A)) to
which the alien can be deported or re-
turned and the alien does not establish
that it is more likely than not that the
alien would be incarcerated or the alien’s
life would be threatened in such country on
account of race, religion, nationality, mem-
bership of a particular social group, or po-
litical opinion. For purposes of clause (ii),
an alien who has been convicted of an ag-
gravated felony shall be considered to have
committed a particularly serious crime.
The Attorney General shall promulgate
regulations that specify additional crimes
that will be considered to be a crime de-
scribed in clause (ii) or clause (iii).
‘‘(3) ASYLUM STATUS.—In the case of any alien
granted asylum under paragraph (2), the Attorney
General, in accordance with this section—
‘‘(A) shall not deport or return the alien to
the country described under paragraph (2)(A);
‘‘(B) shall authorize the alien to engage in
employment in the United States and provide
the alien with an ‘employment authorized’ en-
dorsement or other appropriate work permit;
and
‘‘(C) may allow the alien to travel abroad
with the prior consent of the Attorney General,
except that such travel may not be authorized
to the country from which the alien claimed to
be fleeing persecution.
‘‘(4) TERMINATION.—Asylum granted under
paragraph (2) shall be terminated if the Attorney
General, pursuant to such regulations as the Attor-
ney General may prescribe, determines that—
‘‘(A) the alien no longer meets the condi-
tions described in paragraph (2) owing to a
change in circumstances in the alien’s country
of nationality or, in the case of an alien having
no nationality, in the country in which the alien
last habitually resided;
‘‘(B) the alien meets a condition described
in paragraph (2);
‘‘(C) a country willing to accept the alien
has been identified (other than the country de-
scribed in paragraph (2)) to which the alien can
be deported or returned and the alien cannot
establish that it is more likely than not that the
alien would be arrested or incarcerated in such
country on account of race, religion, nationality,
membership in a particular social group, or po-
litical opinion; or
‘‘(D) the alien returns to the country from
which the alien claimed to be fleeing persecu-
tion or makes application with the Attorney
General to return to the country from which the
alien claimed to fleeing persecution.
‘‘(5) ACCEPTANCE BY ANOTHER COUNTRY.—In
the case of an alien described in paragraph (2)(C)(v)
or paragraph (4)(C), the alien’s deportation or re-
turn shall be directed by the Attorney General in the
sole discretion of the Attorney General, to any coun-
try which is willing to accept the alien into its terri-
tory (other than the country described in paragraph
(2)).
‘‘(b) ASYLUM PROCEDURE.—
‘‘(1) APPLICATIONS.—
‘‘(A) IN GENERAL.—
‘‘(i) DEADLINE.—Subject to clause
(ii), an alien’s application for asylum shall
not be considered under this section un-
less—
‘‘(I) the alien has filed, not later
than 30 days after entering or coming
to the United States, notice of inten-
tion to file such an application, and
‘‘(II) such application is actually
filed not later than 45 days after en-
tering or coming to the United States.
‘‘(ii) EXCEPTION.—An application for
temporary asylum may be considered, not-
withstanding that the requirements of
clause (i) have not been met, only if the
alien demonstrates by clear and convincing
evidence changed circumstances in the
alien’s country of nationality (or in the
case of an alien with no nationality, in the
country where the alien last habitually re-
sided) affecting eligibility for asylum.
‘‘(B) REQUIREMENTS.—An application for
temporary asylum shall not be considered un-
less the alien submits to the taking of finger-
prints and a photograph in a manner deter-
mined by the Attorney General.
‘‘(C) FEES.—The Attorney General may
provide for a reasonable fee for the consider-
ation of an application for asylum or for any
employment authorization under subsection
(a)(3)(B).
‘‘(D) NOTICE OF PRIVILEGE OF COUNSEL
AND CONSEQUENCES OF FRIVOLOUS APPLICA-
TION.—At the time of filing a notice of inten-
tion to apply for asylum, the alien shall be ad-
vised of the privilege of being represented (at
no expense to the government) by such counsel,
authorized to practice in such proceedings, as
the alien shall choose and of the consequences,
under subsection (d), of filling a frivolous appli-
cation for temporary asylum.
‘‘(2) CONSIDERATION OF APPLICATIONS; HEAR-
INGS.—
‘‘(A) ASYLUM OFFICERS.—Applications for
temporary asylum shall be considered by offi-
cers of the Service (referred to in this Act as
‘asylum officers’) who are specially designated
by the Service as having special training and
knowledge of international conditions and
human rights records of foreign countries.
Pending the designation of such officers, indi-
viduals who as of the date of the enactment of
the Immigration Stabilization Act of 1993 are
authorized to perform duties as asylum officers
shall be deemed to be qualified to be asylum of-
ficers for purposes of this Act.
‘‘(B) SCHEDULING OF HEARINGS.—
‘‘(i) IN GENERAL.—Upon the filing of
an application for asylum, an asylum offi-
cer, at the earliest practicable time and
after consultation with the attorney for the
Government and the attorney (if any) for
the applicant, shall set the application for
hearing on a day certain or list it on a
weekly or other short-term calendar, so as
to assure a speedy hearing.
‘‘(ii) DEADLINE.—Unless the appli-
cant (or an attorney for the applicant) con-
sents in writing to the contrary, the hear-
ing on the asylum application shall com-
mence not later than 45 days after the
date the application was filed.
‘‘(C) PUBLIC HEARINGS.—A hearing on a
temporary asylum application shall be open to
the public unless the applicant requests that it
be closed to the public.
‘‘(D) RIGHTS IN HEARINGS.—The officer
shall, to the extent practicable, conduct the
hearing in a nonadversarial manner. During
such hearing, the applicant shall have the privi-
lege of the assistance and participation of coun-
sel (as provided under paragraph (1)(D)) and
both the government and the applicant shall be
entitled to present evidence and witnesses, to
examine and object to evidence, and to cross-ex-
amine all witnesses.
‘‘(E) COUNTRY
CONDITIONS.—An officer
may request opinions regarding country condi-
tions from the Secretary of State, but shall not
request or consider recommendations from the
Secretary of State as to whether a particular
named individual should or should not be grant-
ed temporary asylum.
‘‘(F) TRANSCRIPT OF HEARINGS.—A com-
plete record of the proceedings and of all testi-
mony and evidence produced at the hearing
shall be kept. The hearing shall be recorded
verbatim. The Attorney General and the Service
shall provide that a transcript of a hearing held
under this section is made available not later
than 10 days after the date of completion of the
hearing.
‘‘(G) DEADLINE FOR DETERMINATIONS ON
APPLICATIONS.—The officer shall render a de-
termination on the application not later than 30
days after the date of completion of the hear-
ing. The determination of the officer shall be
based only on the officer’s knowledge of inter-
national conditions and human rights records of
foreign countries, and evidence produced at the
hearing.
‘‘(H) RESOURCE
ALLOCATION.—The At-
torney General shall allocate sufficient re-
sources so as to assure that applications for
asylum are heard and determined on a timely
basis. However, nothing in this paragraph relat-
ing to scheduling or deadlines shall be con-
strued as creating any right or benefit, sub-
stantive or procedural, which is legally enforce-
able by any party against the United States, its
agencies, its officers, or any other person.
‘‘(I) SANCTIONS
FOR
FAILURE
TO
AP-
PEAR.—
‘‘(i) Subject to clause (ii), the applica-
tion for asylum of an alien who does not
appear for a hearing on such application
shall be summarily dismissed unless the
alien can show exceptional circumstances
(as defined in section 242B(f)(2)) as deter-
mined by the asylum officer.
‘‘(ii) Clause (i) shall not apply if writ-
ten and oral notice were not provided as
required by section 242B(e)(4)(B).
‘‘(iii) 
Except 
in 
exceptional 
cir-
cumstances 
(as 
defined 
in 
section
242B(f)(2)), an application summarily dis-
missed in accordance with Clause (i) shall
not be reopened or reconsidered nor shall
a new application for asylum be enter-
tained by the Attorney General at any
time.
‘‘(J) FINALITY OF DETERMINATIONS.—
‘‘(i) IN
GENERAL.—The decision of
the asylum officer shall be the final admin-
istrative determination of a claim for asy-
lum.
‘‘(ii) TREATMENT
OF
CASES
IN
EX-
CLUSION
OR
DEPORTATION.—If proceed-
ings are instituted against an alien under
section 235 or 242 of this Act and the
alien files an application for asylum based
on circumstances described in subsection
(b)(1)(A)(ii), the asylum officer shall
render, on an expedited basis, a decision
on the application.
‘‘(c) ASYLUM STATUS ADJUSTMENTS.—
‘‘(1) ADJUSTMENT
OF
STATUS.—Under such
regulations as the Attorney General may prescribe,
the Attorney General shall adjust to the status of an
alien granted asylum the status of any alien granted
asylum under subsection (a)(2)(A) who—
‘‘(A) applies for such adjustment;
‘‘(B) has been physically present in the
United States for at least 3 years after being
granted asylum;
‘‘(C) continues to be eligible for asylum
under this section; and
‘‘(D) is admissible under this Act at the
time of examination for adjustment of status
under this subsection.
‘‘(2) TREATMENT
OF
SPOUSE
AND
CHIL-
DREN.—A spouse or child (as defined in section
101(b)(A), (B), (C), (D), or (E)) of an alien whose
status is adjusted to that of an alien granted asylum
under paragraph (a)(2) may be granted the same
status as the alien if accompanying, or following to
join, such alien.
‘‘(3) APPLICATION FEES.—The Attorney Gen-
eral may impose a reasonable fee for the filing of an
application for asylum under this subsection.
‘‘(d) DENIAL OF IMMIGRATION BENEFITS FOR FRIV-
OLOUS APPLICATIONS.—
‘‘(1) IN GENERAL.—If the asylum officer deter-
mines that an alien has made a frivolous application
for asylum under this section and the alien has re-
ceived the notice under subsection (b)(1)(D)(i), the
alien shall be permanently ineligible for any benefits
under this Act, effective as of the date of a final de-
termination on such application.
‘‘(2) TREATMENT OF FRAUDULENT OR MATE-
RIAL MISREPRESENTATIONS.—For purposes of this
subsection, an application considered to be ‘frivolous’
includes, but is not limited to, an application which
is fraudulent or otherwise contains a willful mis-
representation or concealment of a material fact.’’.
SEC. 303. FAILURE TO APPEAR FOR ASYLUM HEARING.
Section 24B(e)(4) (8 U.S.C. 1252b(e)(4)) is amended
in subparagraph (A), by striking all after clause (iii) and
inserting ‘‘shall not be eligible for any benefits under this
Act.’’.
SEC. 304. JUDICIAL REVIEW.
(a) Section 235 of the Immigration and Nationality
Act (8 U.S.C. 1225) is amended by adding at the end
thereof:
‘‘(d) 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 pursuant to titles I or II of
this Act. 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 the provisions of this Act. Regardless
of the nature of the suit or claim, no court shall have juris-
diction except as provided in this paragraph to consider
the validity of any adjudication or determination of exclu-
sion, to certify a class in an action challenging the exclu-
sion provisions of this Act or any portion or implementa-
tion thereof, or to provide declaratory or injunctive relief
with respect to the exclusion of any alien.
‘‘(e) In any action brought for the assessment of pen-
alties for improper entry or re-entry of an alien under sec-
tions 275, 276, 277 or 278 of the Immigration and Na-
tionality Act, no court shall have jurisdiction to hear
claims collaterally attacking the validity of orders of exclu-
sion, or deportation entered under sections 235, 236, or
242 of that Act.’’.
SEC. 305. CONFORMING AMENDMENTS.
(a) LIMITATION ON DEPORTATION.—Section 243 (8
U.S.C. 1253) is amended by striking subsection (h).
(b) ADJUSTMENT OF STATUS.—Section 209(b) of the
Immigration and Nationality Act (8 U.S.C. 1159(b)) is
amended—
(1) in paragraph (2) by striking ‘‘one year’’ and
inserting ‘‘5 years’’; and
(2) by amending paragraph (3) to read as fol-
lows:
month that begins more than 180 days after the
date of the enactment of this Act and no application
for asylum under section 208 of the Immigration
and Nationality Act (as amended by section 201 of
this Act) shall be considered before such first day.
(2) In applying section 208(b)(1)(A) of the Im-
migration and Nationality Act (as amended by this
title) in the case of an alien who has entered or
came to the United States before the first day de-
scribed in paragraph (1), notwithstanding the dead-
lines specified in such section—
(A) the deadline for the filing of a notice
of intention to file an application for asylum is
30 days after such first day, and
(B) the deadline for the filing of the appli-
cation for asylum is 45 days after the date of
filing such notice.
(3) The amendments made by section 305(b)
(relating to adjustment of status) shall not apply to
aliens granted asylum under section 208 of the Im-
migration and Nationality Act, as in effect before
the date of the enactment of this Act.
TITLE IV—CRIMINAL ALIENS
SEC. 401. EXPANSION IN DEFINITION OF ‘‘AGGRAVATED
FELONY’’.
(a) EXPANSION IN DEFINITION.—Section 101(a)(43)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(43) is amended to read as follows:
‘‘(43) The term ‘aggravated felony’ means—
‘‘(A) murder;
‘‘(B) any illicit trafficking in any controlled
substance (as defined in section 102 of the Con-
trolled Substances Act), including any drug traffick-
ing crime as defined in section 924(c) of title 18,
United States Code;
‘‘(C) any illicit trafficking in any firearms or
destructive devices as defined in section 921 of title
18, United States Code, or in explosive materials as
defined in section 841(c) of title 18, United States
Code;
‘‘(D) any offense described in (i) section 1956
of title 18, United States Code (relating to launder-
ing of monetary instruments) or (ii) section 1957 of
such title (relating to engaging in monetary trans-
actions in property derived from specific unlawful
activity) if the value of the funds exceeded
$100,000;
‘‘(E) any offense described in—
‘‘(i) subsection (h) or (i) of section 842,
title 18, United States Code, or subsection (d),
(e), (f), (g), (h), or (i) of section 844 of title 18,
United States Code (relating to explosive mate-
rials offenses),
‘‘(ii) paragraph (1), (2), (3), (4), or (5) of
section 922(g), or section 922(j), section
922(n), section 922(o), section 922(p), section
922(r), section 924(b), or section 924(h) of title
18, United States Code (relating to firearms of-
fenses), or
‘‘(iii) section 5861 of title 26, United
States Code (relating to firearms offenses);
‘‘(F) any crime of violence (as defined in sec-
tion 16 of title 18, United States Code, not includ-
ing a purely political offense) for which the term of
imprisonment imposed (regardless of any suspension
of such imprisonment) is at least 5 years;
‘‘(G) any theft offense (including receipt of sto-
len property) or any burglary offense, where a sen-
tence of 5 years imprisonment or more may be im-
posed;
‘‘(H) any offense described in section 875, sec-
tion 876, section 877, or section 1202 of title 18,
United States Code (relating to the demand for or
receipt of ransom);
‘‘(I) any offense described in section 2251, sec-
tion 2251A or section 2252 of title 18, United
States Code (relating to child pornography);
‘‘(J) any offense described in—
‘‘(i) section 1962 of title 18, United States
Code (relating to racketeer influenced corrupt
organizations), or
‘‘(ii) section 1084 (if it is a second or sub-
sequent offense) or section 1955 of such title
(relating to gambling offenses), where a sen-
tence of 5 years imprisonment or more may be
imposed;
‘‘(K) any offense relating to commercial brib-
ery, counterfeiting, forgery or trafficking in vehicles
whose identification numbers have been altered,
where a sentence of 5 years imprisonment or more
may be imposed;
‘‘(L) any offense—
‘‘(i) described in section 2421, section
2422, or section 2423 of title 18, United States
Code (relating to transportation for the purpose
of prostitution) for commercial advantage, or
‘‘(ii) described in section 1581 through
1585, or section 1588, of title 18, United
States Code (relating to peonage, slavery, and
involuntary servitude);
‘‘(M) any offense relating to perjury or sub-
ornation of perjury where a sentence of 5 years im-
prisonment or more may be imposed;
‘‘(N) any offense described in—
‘‘(i) section 793 (relating to gathering or
transmitting national defense information), sec-
tion 798 (relating to disclosure of classified in-
formation), section 2153 (relating to sabotage)
or section 2381 or section 2382 (relating to
treason) of title 18, United States Code, or
‘‘(ii) section 421 of title 50, United States
Code (relating to protecting the identity of un-
dercover intelligence agents);
‘‘(O) any offense—
‘‘(i) involving fraud or deceit where the
loss to the victim or victims exceeded $200,000;
or
‘‘(ii) described in section 7201 of title 26,
United States Code (relating to tax evasion),
where the tax loss to the Government exceeds
$200,000;
‘‘(P) any offense described in section 274(a)(1)
of title 18, United States Code (relating to alien
smuggling) for the purpose of commercial advan-
tage;
‘‘(Q) any violation of section 1546(a) of title
18, United States Code (relating to document
fraud), for the purpose of commercial advantage;
‘‘(R) any offense relating to failing to appear
before a court pursuant to a court order to answer
to or dispose of a charge of a felony, where a sen-
tence of 2 years or more may be imposed; or any at-
tempt or conspiracy to commit any such act. Such
term applies to offenses described in this paragraph
whether in violation of Federal or State law and ap-
plies to such offenses in violation of the laws of a
foreign country for which the term of imprisonment
was completed within the previous 15 years; or
‘‘(S) any felony committed by an alien on or
after the date that alien had received a waiver of de-
portation under sections 212 or 241 of this Act (8
U.S.C. 1182 or 1251) after commission of a prior
felony.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply to all convictions entered before,
on, or after the date of enactment of this Act.
SEC. 402. DEPORTATION PROCEDURES.
(a) ELIMINATION OF ADMINISTRATIVE HEARING FOR
CERTAIN CRIMINAL ALIENS.—Section 242A of the Immi-
gration and Nationality Act (8 U.S.C. 1252a) is amended
by adding at the end the following:
‘‘(c) DEPORTATION OF ALIENS WHO ARE NOT PER-
MANENT RESIDENTS.—
‘‘(1) Notwithstanding section 242, and subject
to paragraph (5), the Attorney General may issue a
final order of deportation against any alien described
in paragraph (2) whom the Attorney General deter-
mines 
to 
be 
deportable 
under 
section
241(a)(2)(A)(iii) (relating to conviction of an aggra-
vated felony).
‘‘(2) An alien is described in this paragraph if
the alien—
‘‘(A) was not lawfully admitted for perma-
nent residence at the time that proceedings
under this section commenced, or
‘‘(B) had permanent resident status on a
conditional basis (as described in section 216)
at the time that proceedings under this section
commenced.
‘‘(3) The Attorney General may delegate the
authority in this section to the Commissioner or to
any District Director of the Service.
‘‘(4) No alien described in this section shall be
eligible for—
‘‘(A) any relief from deportation that the
Attorney General may grant in his discretion,
or
‘‘(B) relief under section 243(h).
‘‘(5) The Attorney General may not execute any
order described in paragraph (1) until 14 calendar
days have passed from the date that such order was
issued, in order that the alien has an opportunity to
apply for judicial review under section 106.’’.
(b) LIMITED JUDICIAL REVIEW.—Section 106 of the
Immigration and Nationality Act (8 U.S.C. 1105a) is
amended—
(1) in the first sentence of subsection (a), by in-
serting ‘‘or pursuant to section 242A’’ after ‘‘under
section 242(b)’’;
(2) in subsection (a)(1) and subsection (a)(3),
by inserting ‘‘(including an alien described in section
242(A)’’ after ‘‘aggravated felony’’; and
(3) by adding at the end the following new sub-
section;
‘‘(d) Notwithstanding subsection (c), a petition for
review or for habeas corpus on behalf of an alien described
in section 242A(c) may only challenge whether the alien
is in fact as alien described in such section, and no court
shall have jurisdiction to review any other issue.’’.
(c) TECHNICAL AND CONFORMING CHANGES.—Sec-
tion 242A of the Immigration and Nationality Act (8
U.S.C. 1252a) is amended as follows:
(1) In subsection (a)—
(A) by striking ‘‘(a) IN GENERAL.—’’ and
inserting ‘‘(b) DEPORTATION OF PERMANENT
RESIDENT ALIENS.—(1) IN GENERAL.—’’; and
(B) by inserting in the first sentence ‘‘per-
manent resident’’ after ‘‘correctional facilities
for’’;
(2) In subsection (b)—
(A) by striking ‘‘(b) IMPLEMENTATION.—’’
and inserting ‘‘(2) IMPLEMENTATION.—’’; and
(B) by striking ‘‘respect to an’’ and insert-
ing ‘‘respect to a permanent resident’’;
(3) By striking out subsection (c);
(4) In subsection (d)—
(A) by striking ‘‘(d) EXPEDITED PRO-
CEEDINGS.—(1)’’ and inserting ‘‘(3) EXPE-
DITED PROCEEDINGS.—(A)’’;
(B) by inserting ‘‘permanent resident’’
after ‘‘in the case of any’’; and
(C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;
(5) In subsection (e)—
(A) by striking ‘‘(e) REVIEW.—(1)’’ and
inserting ‘‘(4) REVIEW.—(A)’’;
(B) by striking the second sentence; and
(C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’.
(6) By inserting after the section heading the
following new subsection:
‘‘(a) PRESUMPTION OF DEPORTABILITY.—An alien
convicted of an aggravated felony shall be conclusively pre-
sumed to be deportable from the United States.’’.
(7) The heading of such section is amended to
read as follows:
‘‘EXPEDITED DEPORTATION OF ALIENS CONVICTED OF
COMMITTING AGGRAVATED FELONIES’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to all aliens against whom deporta-
tion proceedings are initiated after the date of enactment
of this Act.
SEC. 403. JUDICIAL DEPORTATION.
(a) JUDICIAL DEPORTATION.—Section 242A of the
Immigration and Nationality Act (8 U.S.C. 1252a) is
amended by inserting at the end the following new sub-
section:
‘‘(d) JUDICIAL DEPORTATION.—
‘‘(1) AUTHORITY.—In any criminal case subject
to the jurisdiction of any court of the United States
or of any State, such court may enter a judicial
order of deportation at the time of sentencing
against an alien whose criminal conviction causes
such 
alien 
to 
be 
deportable 
under 
section
241(a)(2)(A)(iii) (relating to conviction of a felony).
‘‘(2) DENIAL OF JUDICIAL ORDER.—Denial of a
request for a judicial order of deportation shall not
preclude the Attorney General from initiating depor-
tation proceedings pursuant to section 242 upon the
same ground of deportability or upon any other
ground of deportability provided under section
241(a).’’.
(b) TECHNICAL AND CONFORMING CHANGES.—The
ninth sentence of section 242(b) of the Immigration and
Nationality Act (8 U.S.C. 1252(b)) is amended by striking
out ‘‘The’’ and inserting in lieu thereof, ‘‘Except as pro-
vided in section 242A(d), the’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to all aliens whose adjudication of
guilt or guilty plea is entered in the record after the date
of enactment of this Act.
SEC. 404. DEFENSES TO DEPORTATION.
(a) DEFENSES BASED ON SEVEN YEARS OF PERMA-
NENT RESIDENCE.—The last sentence of section 212(c)
of the Immigration and Nationality Act (8 U.S.C.
1182(c)) is amended by striking out ‘‘has served for such
felony or felonies’’ and all that follows through the period
and inserting in lieu thereof ‘‘has been sentenced for such
felony or felonies to a term of imprisonment of at least
5 years: Provided, That the time for appealing such con-
viction or sentence has expired and the sentence has be-
come final.’’.
(b) DEFENSES BASED ON WITHHOLDING OF DEPOR-
TATION.—Section 243(h)(2) of the Immigration and Na-
tionality Act (8 U.S.C. 1253(h)(2)) is amended by—
(1) striking out the final sentence and inserting
in lieu thereof the following new subparagraph:
‘‘(E) the alien has been convicted of a fel-
ony.’’; and
(2) striking out the ‘‘or’’ at the end of subpara-
graph (C) and inserting ‘‘or’’ at the end of subpara-
graph (D).
SEC. 405. ENHANCED PENALTIES FOR REENTRY OR FAIL-
URE TO DEPART.
(a) FAILURE TO DEPART.—Section 242(e) of the Im-
migration and Nationality Act (8 U.S.C. 1252(e)) is
amended—
(1) by striking out ‘‘paragraph (2), (3), or 4
of’’ the first time it appears, and
(2) by striking out ‘‘shall be imprisoned not
more than ten years’’ and inserting in lieu thereof,
‘‘shall be imprisoned not more than two years, or
shall be imprisoned not more than ten years if the
alien is a member of any of the classes described in
paragraph (2), (3), or (4) of section 241(a)’’.
(b) REENTRY.—Section 276(b) of the Immigration
and Nationality Act (8 U.S.C. 1326(b)) is amended—
(1) in paragraph (1), by (A) inserting after
‘‘commission of’’ the following: ‘‘two or more mis-
demeanors or’’, and (B) striking out ‘‘5’’ and insert-
ing in lieu thereof ‘‘10’’,
(2) in paragraph (2), by striking out ‘‘15’’ and
inserting in lieu thereof ‘‘20’’, and
(3) by adding at the end the following sentence:
‘‘For the purposes of this subsection, the term ‘de-
portation’ shall include any agreement where an
alien stipulates to deportation during a criminal trial
under either Federal or State law.’’.
(c) COLLATERAL ATTACKS ON UNDERLYING DEPOR-
TATION ORDER.—Section 276 of the Immigration and Na-
tionality Act (8 U.S.C. 1326) is amended by inserting
after subsection (b) the following new subsection:
‘‘(c) In any criminal proceeding under this section,
no alien may challenge the validity of the deportation
order described in subsection (a)(1) or subsection (b).’’.
SEC. 406. DEPORTATION OF IMPRISONED ALIENS.
Section 242(h) of the Immigration and Nationality
Act (8 U.S.C. 1252(h)) is amended to read as follows:
‘‘(h)(1) Except as provided in paragraph (2), an alien
sentenced to imprisonment may not be deported until such
imprisonment has been terminated by the release of the
alien from confinement. Parole, supervised release, proba-
tion, or possibility of rearrest or further confinement in
respect of the same offense shall not be a ground for defer-
ral of deportation.
‘‘(2) The Attorney General may deport an alien prior
to the completion of a sentence of imprisonment—
‘‘(A) in the case of an alien in the custody of
the Attorney General, if the Attorney General deter-
mines that the alien has been adequately punished
and that such deportation of the alien is appro-
priate; or
‘‘(B) in the case of an alien in the custody of
a State, if the chief State official exercising author-
ity with respect to the incarceration of the alien de-
termines (i) that the alien has been adequately pun-
ished and that such deportation is appropriate, and
(ii) submits a written request to the Attorney Gen-
eral that such alien be so deported.’’.
SEC. 407. JUDICIAL ORDER OF DEPORTATION.
(a) IN GENERAL.—Subchapter A of chapter 227 of
title 18, United States Code, is amended by adding at the
end the following:
‘‘§ 3560. Order of Deportation for certain aliens
‘‘The court, upon sentencing an individual who is an
alien for an aggravated felony (as defined in section
101(a)(43) of the Immigration and Nationality Act, shall
include in a sentencing order a declaration that the indi-
vidual is deportable. And presentence report required
under the Rules of Criminal Procedure with respect to the
sentencing of any individual for such a felony shall include
whether or not such individual is an alien.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of subchapter A of chapter 227 of title
18, United States Code, is amended by adding at the end
the following new item:
‘‘3560. Order of deportation for certain aliens.’’.
(c) DEPORTATION PROCEDURES.—Section 242A of
the Immigration and Nationality Act (18 U.S.C. 1252a)
is amended by adding at the end the following:
‘‘(f) DEPORTATION
PURSUANT
TO
A
JUDICIAL
ORDER.—An alien subject to a judicial order of deporta-
tion under section 3560 of title 18, United States Code,
shall be deported consistent with section 242(h).’’.
SEC. 408. FEDERAL INCARCERATION.
(a) FEDERAL INCARCERATION.—Section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252) is
amended by adding at the end the following:
‘‘(j)(1) The Attorney General shall take into the cus-
tody of the Federal Government, and shall incarcerate for
a determinate sentence of imprisonment, a criminal alien
described in paragraph (3) if—
‘‘(A) the chief State official exercising authority
with respect to the incarceration of the undocu-
mented criminal alien submits a written request to
the secretary;
‘‘(B) the undocumented criminal is sentenced to
a determinate term of imprisonment;
‘‘(C) the State in which the official described in
paragraph A exercises authority cooperates, and re-
quires local governments or agencies in such State
to cooperate, with Federal immigration authorities
with respect to the identification, location, arrest,
prosecution, detention, and deportation of aliens who
are not lawfully present in the United States; and
‘‘(D) adequate Federal facilities are available
for the incarceration of the criminal alien.
‘‘(2) Criminal aliens taken into the custody of the At-
torney General under paragraph (1) may be deported
under subsection (h)(2)(A).
‘‘(3) An alien is described in this paragraph if the
alien—
‘‘(A) has been convicted of a felony and sen-
tenced to a term of imprisonment, and
‘‘(B)(i) had entered the United States without
inspection or at any time or place other than as des-
ignated by the Attorney General, or
‘‘(ii) was the subject of exclusion or deportation
proceedings at the time he or she was taken into
custody by the State.’’.
SEC. 409. INCREASED PENALTY FOR VISA FRAUD.
(a) FALSE STATEMENT.—Section 1542 of title 18,
United States Code, is amended by striking ‘‘fined not
more than $2,000 or imprisoned not more than five years,
or both’’ and inserting ‘‘fined under this title or impris-
oned not more than 10 years, or both’’.
(b) FORGERY.—Section 1543 of title 18, United
States Code, is amended by striking ‘‘fined not more than
$2,000 or imprisoned not more than five years, or both’’
and inserting ‘‘fined under this title or imprisoned not
more than 10 years, or both’’.
(c) MISUSE OF PASSPORT.—Section 1544 of title 18,
United States Code, is amended by striking ‘‘fined not
more than $2,000 or imprisoned not more than five years,
or both’’ and inserting ‘‘fined under this title or impris-
oned not more than 10 years, or both’’.
(d) SAFE CONDUCT VIOLATION.—Section 1545 of
title 18, United States Code, is amended by striking
‘‘fined not more than $2,000 or imprisoned not more than
three years, or both’’ and inserting ‘‘fined under this title
or imprisoned not more than 10 years, or both’’.
(e) FRAUD AND MISUSE OF VISAS.—Section 1546(a)
of title 18, United States Code, is amended by striking
‘‘fined not more than $2,000 or imprisoned not more than
five years, or both’’ and inserting ‘‘fined under this title
or imprisoned not more than 10 years, or both’’.
SEC. 410. NOTIFICATION OF ALIEN ARREST.
Whenever a State or local law enforcement agency ar-
rests an immigrant or nonimmigrant alien for the commis-
sion of a felony, that State or local law enforcement agen-
cy shall provide the District Director of the Immigration
and Naturalization Service for the district in which the
State or local law enforcement agency has jurisdiction the
following information within 72 hours of the arrest: the
name of the alien; the alien’s place of birth; the alien’s
date of birth; the alien’s alien registration number, if any;
the nature of the offense for which the alien was arrested;
and any available information on bond, future hearings
and proceedings.
SEC. 411. EXCLUDABILITY OF UNLAWFUL ENTRANTS.
Section 204(c) of the Immigration and Nationality
Act is amended by adding a comma after the word ‘‘laws’’
the first time it appears, striking the word ‘‘or’’ prior to
‘‘(2)’’ and inserting the following before the period: ‘‘or
(3) the petition was submitted by or on behalf of any alien
who entered or attempted to enter the United States un-
lawfully, who entered or attempted to enter with fraudu-
lent, forged or stolen documents, who failed to present the
immigration officer any document produced when the alien
boarded a common carrier for travel to the United States,
or who entered the United States lawfully as a non-
immigrant but violated the terms of his or her non-
immigrant visa’’.
SEC. 412. EXCLUSION OF IMMIGRATION LAW VIOLATORS.
(a) EXCLUSION
OF
CRIMINAL
ALIEN.—Section
212(a)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(2)(A)(i)) is amended by striking ‘‘or’’
at the end of subparagraph (I) and inserting the following
new subparagraph prior to the phrase ‘‘is excludable’’: ‘‘or
(III) any violation of any immigration law or any violation
of any federal or State statute prohibiting fraud, including
any statutes prohibiting income tax evasion’’.
(b) EXCLUSION REFORM.—Section 212 of the Immi-
gration and Nationality Act (8 U.S.C. 1182) is amended
by striking paragraph (c) and inserting the following as
new paragraph (c):
‘‘(c) Aliens lawfully admitted for permanent residence
who temporarily proceeded abroad voluntarily and not
under an order of deportation shall not be admitted if that
alien is excludable under paragraph (a).’’.
SEC. 413. MISCELLANEOUS AND TECHNICAL CHANGES.
(a) FORM OF DEPORTATION HEARINGS.—The sec-
ond sentence of section 242(b) of the Immigration and
Nationality Act (8 U.S.C. 1252(b)) is amended by insert-
ing before the period the following: ‘‘; except that nothing
in this subsection shall preclude the Attorney General
from authorizing proceedings by electronic or telephonic
media (with or without the consent of the alien) or, where
waived or agreed to by the parties, in the absence of the
alien’’.
(b) CONSTRUCTION OF EXPEDITED DEPORTATION
REQUIREMENTS.—No amendment made by this Act and
nothing in section 242(i) of the Immigration and Nation-
ality Act (8 U.S.C. 1252(i)), shall be construed to create
any right or benefit, substantive or procedural, which is
legally enforceable by any party against the United States,
its agencies, its officers, or any other person.
TITLE V—FINANCIAL RESPONSIBILITY
SEC. 501. PUBLIC CHARGE DEFINED.
Section 212(a) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(4)) is amended by striking para-
graph (4) and inserting:
‘‘(4) PUBLIC CHARGE.—Any alien who cannot
demonstrate to the consular officer at the time of
application for a visa, or to the Attorney General at
the time of application for admission or adjustment
of status, that, taking into account the alien’s age
and medical condition, he or she has assets, edu-
cation, skills, or a combination thereof that make it
very unlikely that he or she will become eligible for
means-tested public assistance of any kind (includ-
ing, but not limited to, medical care or food and
housing assistance) or will otherwise become a public
charge is excludable.’’.
SEC. 502. GUARANTEE OF FINANCIAL RESPONSIBILITY.
The Immigration and Nationality Act is amended by
striking section 213 (8 U.S.C. 1183) and inserting:
‘‘SEC. 213. FINANCIAL RESPONSIBILITY OF SPONSORS.
‘‘(a) An alien excludable under paragraph 4 of Sec-
tion 212(a) may, if otherwise admissible, be admitted in
the discretion of the Attorney General upon the giving of
a suitable and proper bond and a guarantee of financial
responsibility by an individual (hereinafter in this section
referred to as the alien’s ‘sponsor’) who is not less than
21 nor more than 60 years of age, is of good moral char-
acter, has never been convicted of a felony, has never filed
for bankruptcy or been adjudicated a bankrupt, and is a
citizen of the United States or an alien lawfully admitted
for permanent residence.
‘‘(b) The guarantee of financial responsibility in sub-
section (a) must provide (1) that the sponsor, and the
sponsor’s spouse if the sponsor is married, agree in the
case of an alien under 21 years of age, to assume legal
custody for the alien after the alien’s departure to the
United States and until the alien becomes 21 years of age,
in accordance with the law of the State where the sponsor
resides, and (2) that the sponsor agrees to furnish, during
the 5-year period beginning on the date of the alien’s ac-
quiring the status of an alien lawfully admitted for perma-
nent residence, or during the period beginning on the date
of the alien’s acquiring the status of an alien lawfully ad-
mitted for permanent residence and ending on the date
on which the alien becomes 21 years of age, whichever pe-
riod is longer, such financial support as is necessary to
prevent the alien’s becoming a public charge.
‘‘(c) A guarantee of financial responsibility given
under subsection (a) may be enforced with respect to an
alien by a civil suit against his sponsor by the Attorney
General or by any Federal or State agency that has pro-
vided the alien means-tested public assistance of any kind,
including but not limited to medical, food, and housing
assistance.
‘‘(d) Civil suits under subsection (c) shall be brought
in the United States district court for the district in which
the defendant resides and may be brought at any time on
or before the date that is 5 years after the date on which
the sponsor’s period of financial responsibility under sub-
section (a) expired.
‘‘(e) The bond required of an alien’s sponsor by sub-
section (a) shall be in favor of the United States and all
States, territories, countries, towns, municipalities, and
districts within the United States and shall hold them
harmless against the alien’s becoming a public charge. The
bond shall be in such amount and shall contain such condi-
tions as the Attorney General may prescribe. The bond
shall terminate upon (1) the alien’s permanent departure
from the United States, (2) the death of an alien, or (3)
the expiration of the period of financial responsibility de-
scribed in subsection (b), whichever occurs first, and any
sums or other security held to secure performance thereof,
except to the extent forfeited for violation of the terms
thereof, shall be returned to the person by whom fur-
nished, or to his legal representative.’’.
SEC. 503. LIMITED BENEFITS FOR ILLEGAL ALIENS.
(a) DIRECT FEDERAL FINANCIAL BENEFITS.—Not-
withstanding any other provision of law, no direct Federal
financial benefit or social insurance benefit may be paid,
conferred, or otherwise given, on or after the date of en-
actment of this Act, to any alien not lawfully admitted
to the United States as a permanent resident or a refugee
except pursuant to a provision of the Immigration and Na-
tionality Act: Provided, however, That Federal reimburse-
ment of emergency medical care provided to such an alien
may be provided under such regulations as the Secretary
of Health and Human Services may in his or her discre-
tion prescribe.
(b) UNEMPLOYMENT BENEFITS.—No alien who has
not been granted employment authorization pursuant to
Federal law shall be eligible for unemployment compensa-
tion under an unemployment compensation law of a State
or the United States.
TITLE VI—EMPLOYER SANCTIONS
SEC. 601. IMPLEMENTATION OF GAO RECOMMENDATIONS.
(a) WORK
ELIGIBILITY
DOCUMENTS.—Effective
January 1, 1995, Section 274A of the Immigration and
Nationality Act (8 U.S.C. 1324a) is amended by striking
subparagraphs (A) through (D) of subsection (b)(1) and
inserting:
‘‘(A) IN GENERAL.—The person or entity
must attest, under penalty of perjury and on a
form designated or established by the Attorney
General by regulation, that it has verified that
the individual is not an unauthorized alien by—
‘‘(i) examining the document de-
scribed in (B) in the case of an individual
claiming to be a United States citizen,
United States national,
‘‘(ii) examining the document de-
scribed in paragraph (C) in the case of an
individual not claiming to be a United
States citizen, a United States national, or
a permanent resident alien, and
‘‘(iii) reporting the individual’s Social
Security account number to the Social Se-
curity Administration through the tele-
phone verification system established pur-
suant to section 602 of the Immigration
Stabilization Act of 1993.
‘‘(B) DOCUMENTS OF CITIZENS AND NA-
TIONALS.—The document described in this
paragraph is an individual’s Social Security ac-
count number card issued pursuant to section
601(c) of the Immigration Stabilization Act of
1993.
‘‘(C) DOCUMENTS OF ALIENS.—The docu-
ment described in this paragraph is an alien’s
identification card issued by the Immigration
and Naturalization Service pursuant to section
601(b) of the Immigration Stabilization Act of
1993.’’.
(b) IMPROVEMENT OF ALIEN IDENTITY CARDS.—
(1) PERMANENT RESIDENT ALIENS.—The At-
torney General shall cause to be issued to every alien
acquiring lawful permanent residence in the United
States after June 30, 1994, and, upon application,
to any alien who acquired lawful permanent resi-
dence before July 1, 1994, an alien identification
card that shall—
(A) be uniform in appearance,
(B) be as tamper-proof and counterfeit-re-
sistant as practicable,
(C) contain a photograph and fingerprint,
(D) display the name, sex, date of birth,
and such other identifying information as the
Attorney General shall determine, and
(E) incorporate a machine-readable encod-
ing of the information displayed on the card.
(2) OTHER
ALIENS.—The Attorney General
shall cause to be issued to every alien who becomes
authorized to work in the United States after June
30, 1994, other than by reason of lawful admission
for permanent residence, and shall cause to be is-
sued, upon application, to any other alien who is au-
thorized to work in the United States other than by
reason of lawful admission for permanent residence
an alien identification card that shall—
(A) be uniform in appearance,
(B) be as tamper-proof and counterfeit-re-
sistant as practicable,
(C) contain a photograph and fingerprint,
(D) display the alien’s name, sex, date of
birth, place of birth, and such other identifying
information as the Attorney General shall de-
termine,
(E) show an expiration date that shall be
determined in accordance with regulations is-
sued by the Attorney General, but shall not in
any case be later than three calendar years
after the date of issuance, and
(F) incorporate a machine-readable encod-
ing of the information displayed on the card.
(c) IMPROVEMENT OF SOCIAL SECURITY CARDS.—
(1) IMPROVED CARD FOR CITIZENS.—The Sec-
retary shall cause to be issued improved Social Secu-
rity account number cards to United States citizens
and United States nationals upon application, proof
of identity, proof of citizenship or nationality, and
payment of a reasonable fee.
(2) IMPROVED CARD FOR ALIENS.—The Sec-
retary shall cause to be issued improved Social Secu-
rity account number cards to aliens lawfully admit-
ted for permanent residence upon application, proof
of identity, verification of status by the Immigration
and Naturalization Service, and payment of a rea-
sonable fee.
(3) REQUIREMENTS.—The cards described in
paragraphs (1) and (2) shall—
(A) be uniform in appearance,
(B) be as tamper-proof and counterfeit-re-
sistant as practicable,
(C) contain a photograph and fingerprint,
(D) display the name, sex, date of birth,
place of birth, and Social Security account
number of the issuee, and such other identify-
ing information as the Secretary shall deter-
mine, and
(E) incorporate a machine-readable encod-
ing of the information displayed on the card.
(4) SECRETARY
DEFINED.—For purposes of
this subsection, Secretary means the Secretary of
Health and Human Services.
(d) REASONABLE FEE.—The amount of the fee that
is to be charged under subsections (b) and (c) shall be
the amount (rounded to the nearest whole dollar), not ex-
ceeding $50, required to cover the costs of issuing the
card.
(e) NO OTHER CARDS.—No Social Security account
number card or alien identification card shall be issued
after June 30, 1994, whether as an original card or as
a replacement, that does not satisfy the requirements of
this section.
(f) DEFINITIONS.—For purposes of this section—
(1) ‘‘State’’ means one of the United States,
the District of Columbia, or Puerto Rico, and
(2) ‘‘place of birth’’ means, for an individual—
(A) born in a State, the two-letter symbol
used by the United States Post Office to iden-
tify that State, or
(B) not born in a State, such two-letter
symbol as the Secretary shall determine by reg-
ulations.
SEC. 602. VERIFICATION BY TELEPHONE.
(a) SOCIAL SECURITY DATABASE.—By September
30, 1994, the Secretary of Health and Human Services
shall make such modifications to the Social Security ac-
count number data base (NUMIDENT) as are practicable
and enable confirmation through the telephone verification
system described in subsection (d) that a Social Security
account number has been issued to an individual identified
by last name, sex, year of birth, and place of birth and
that such individual is not known to the Secretary of
Health and Human Services to be an alien not authorized
to work in the United States. At a minimum the data base
shall be modified to enable confirmation that a Social Se-
curity account number is not assigned to an individual au-
thorized to work in the United States because the num-
ber—
(1) has not been issued,
(2) was issued to an individual known by the
Secretary of Health and Human Services as not au-
thorized to work,
(3) was issued to a person that is deceased and
has not been reissued, or
(4) was issued to an alien that any data base
of the Immigration and Naturalization Service shows
is not authorized to work in the United States.
The Attorney General shall provide such assistance as the
Secretary of Health and Human Services may require to
merge or otherwise make use of any data base of the Im-
migration and Naturalization Service for the purposes of
this section.
(b) EXCHANGE
OF INFORMATION.—The Attorney
General shall notify the Secretary of Health and Human
Services of the expiration of an alien’s authorization to
work in the United States not later than 14 calendar days
after the date of expiration. The Secretary of Health and
Human Services shall furnish the Attorney General with
a list of any aliens for whom confirmation of work eligi-
bility has been requested not later than 5 calendar days
after such request. Such list shall include the telephone
number from which the request was made and the em-
ployer identification number of the requester.
(c) ADULT APPLICANTS.—The Secretary of Health
and Human Services shall furnish to the Attorney General
a copy of any application (including supporting docu-
mentation) for a Social Security account number by an
alien or by an individual over 16 years of age who claims
to be a United States citizen or national and shall not
issue a number before the earlier of the following dates:
(1) The date on which the Attorney General
confirms in writing that his records do not show
that the applicant is an alien unauthorized to work
in the United States.
(2) 60 days after a copy of the application and
supporting documentation has been delivered to the
Attorney General.
(d) TELEPHONE VERIFICATION SYSTEM.—Before
January 1, 1995, the Secretary of Health and Human
Services shall test and place in operation a system whereby
an employer can report by touch-tone telephone his em-
ployer identification number and the Social Security ac-
count number, last name, sex, year of birth, and place of
birth of any individual who is to be employed and can re-
ceive immediate confirmation that the number was issued
to the individual having that identity and that such person
is not identified within the Social Security account number
data base as an individual who is not a United States citi-
zen, a United States national, or an alien authorized to
work in the United States. The charge for each call will
be sufficient to cover the costs of operating the system,
except that it shall not exceed $2 plus any line charges
payable to the telephone carrier. The system shall provide
for access to a live operator if an entry is not accepted
or confirmed, shall provide a verification code to the caller,
shall create and maintain a record of each inquiry (includ-
ing the telephone number of the requester) and its ver-
ification code for not less than two years, and shall accom-
modate devices that read the magnetic strip incorporated
by a card issued under section 601.
(e) ABUSE OF SYSTEM.—The use of the telephone
verification system established by subsection (d) by a per-
son other than—
(1) an employer acting pursuant to Section
274A(b)(1) of the Immigration and Nationality Act,
or
(2) an officer or employee of an agency of the
United States or of any State acting in the perform-
ance of official duties,
shall be punishable by a fine of not more than $1,000 per
occurrence.
SEC. 603. UNIFORM VITAL STATISTICS.
The Secretary of Health and Human Services shall
consult with the State agency responsible for registration
and certification of births and deaths and, within 2 years
of the date of enactment of this Act, shall establish a na-
tional electronic network linking the vital statistics records
of such States. The network shall provide, where practical,
for the matching of deaths with births and shall enable
the confirmation of births and deaths of citizens of the
United States, or of aliens within the United States, by
any Federal or State agency or official in the performance
of official duties. The Secretary shall institute measures
to achieve uniform and accurate reporting of vital statis-
tics into the national network, to protect the integrity of
the registration and certification process, and to prevent
fraud against the Government and other persons through
the use of false birth or death certificates.
TITLE VII—BORDER SECURITY
SEC. 701. BORDER PATROL PERSONNEL.
The number of full-time officer positions in the bor-
der patrol of the Immigration and Naturalization Service
shall be increased to 5,900 in fiscal year 1994, 6,900 in
fiscal year 1995, 7,900 in fiscal year 1996, 8,900 in fiscal
year 1997, and 9,900 in fiscal year 1998.
SEC. 702. BORDER CROSSING FEE.
The Commissioner shall collect a user fee for each
entry into the United States by land or by sea after De-
cember 31, 1993. The fee shall be $3 for each person en-
tering other than by private automobile, van, or truck and
$5 for each private automobile, van, or truck. The Com-
missioner by regulation may establish a reduced fee or a
multiple-crossing fee for frequent border crossers.
SEC. 703. BORDER CONTROL TRUST FUND.
There is established a Border Control Trust Fund
(‘‘Fund’’) under the control of the Commissioner. The fees
collected under section 702 shall be deposited into the
Fund. Amounts deposited into the Fund and the earnings
thereon shall be expended by the Commissioner exclusively
on (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, and (3)
financial and other assistance to State and local law en-
forcement agencies that have entered into cooperative ar-
rangements 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.
SEC. 704. RESPONSIBILITY OF INTERNATIONAL CARRIERS.
(A) IN GENERAL.—Section 273 of the Immigration
and Nationality Act (8 U.S.C. 1323) is amended—
(1) in subsection (a), by striking ‘‘(other than
from foreign contiguous territory)’’;
(2) by redesignating subsections (c) and (d) as
subsections (e) and (f), respectively;
(3) by inserting after subsection (b) the follow-
ing:
‘‘(c) RECORDS.—The Attorney General shall main-
tain a record of each undocumented alien arriving on or
after the date of enactment of this subsection at a United
States port of entry and of the carrier which brought such
alien to that port of entry.’’;
(4) by inserting after subsection (c) (as added
by paragraph (4)), the following:
‘‘(d) REPEAT OFFENSES.—(1) If the Attorney Gen-
eral determines that, during the preceding calendar year,
any carrier has delivered an average of more than 0.5 un-
documented aliens per arrival at United States ports of
entry then, for the next calendar year, in lieu of the pen-
alty of $3,000 specified in subsection (b), such carrier
shall pay to the Attorney General a penalty of $10,000
for each alien brought in violation of subsection (a) or,
alternatively, such carrier may choose to participate in a
1-year pilot program intended to reduce the number of
undocumented aliens arriving at United States ports of
entry via international carriers. If such international car-
rier chooses to participate in the 1-year pilot program,
that carrier will be subject to the penalty levels prescribed
in subsection (b), rather than the increased penalty levels
specified in this subsection, for each alien brought in viola-
tion of subsection (a). The 1-year pilot program, which
can be extended for multiple years at the discretion of the
Attorney General, shall consist of a program whereby the
international carrier collects the travel documents nec-
essary for entry into the United States from all passengers
upon their entry to the carrier and physically returns them
to the passengers on an individual basis only at the actual
point of inspection at the United States port of entry by
United States immigration officials.
‘‘(2) If the Attorney General determines that, during
the preceding calendar year, any carrier has delivered an
average of more than 1.5 undocumented aliens per arrival
at United States ports of entry, then, for the next calendar
year, in lieu of the penalties specified in subsection (b)
and in paragraph (1) of this subsection, such carrier shall
pay to the Attorney General a penalty of $20,000 for each
alien brought in violation of subsection (a).
‘‘(3) If the Attorney General determines that, in the
preceding calendar year, any carrier has delivered an aver-
age of more than 2 undocumented aliens per arrival at
United States ports of entry, then such carrier shall forfeit
all landing rights in the United States for the next cal-
endar year.’’; and
(5) subsection (e) (as redesignated) is amend-
ed—
(A) by inserting after ‘‘refunded.’’ the fol-
lowing: ‘‘Unless the alien transported is granted
political asylum status in the United States or’’;
and
(B) by inserting before the period at the
end thereof ‘‘or that the visa or other immigra-
tion documentation presented to the carrier was
forged, counterfeit, altered, falsely made, stolen,
or inapplicable to the alien presenting the docu-
ment’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a)(4) shall take effect on January 1 of the sec-
ond calendar year following the date of enactment of this
Act.
TITLE VIII—ALIEN SMUGGLING
SEC. 801. COOPERATIVE ARRANGEMENTS.
The Secretary of State shall undertake to enter into,
on behalf of the United States, cooperative arrangements
with appropriate foreign governments for the purpose of
preventing the unlawful entry of aliens by land, air, or
sea.
SEC. 802. COAST GUARD INSTRUCTIONS.
The Secretary of Defense, in consultation, when ap-
propriate, with the Attorney General and the Secretary of
State, shall instruct the Coast Guard to deter and prevent
the unlawful entry of aliens into the United States by sea.
Such instructions shall include directives providing for
stopping and boarding vessels, making inquiries of persons
and inspecting documents and property on board such ves-
sels, and returning a vessel to the country from which it
came or to another country. In the case of vessels outside
the territorial sea of the United States, such instructions
shall be limited to vessels of the United States, vessels
without nationality, vessels assimilated to vessels without
nationality, and vessels of foreign nations with which the
United States has arrangements authorizing the United
States to stop and board such vessels. Except as otherwise
provided in the preceding sentence, actions pursuant to
this section are authorized to be undertaken both within
and beyond the territorial sea of the United States.
SEC. 803. APPLICATION OF RICO.
Section 1961(1) of title 18, United States Code, is
amended by striking ‘‘or’’ immediately prior to ‘‘(E)’’, and
by adding: ‘‘or (F) any act which is indictable under any
of the following provisions of title 8, United States Code,
section 1324(a)(i) (relating to prohibitions on bringing in
or harboring certain aliens), section 1325 (relating to ille-
gal entry, marriage fraud, or establishing a commercial
enterprise for the purpose of evading the immigration
laws), section 1327 (relating to aiding or assisting certain
aliens to enter the United States), or section 1328 (relat-
ing to the importation of aliens for immoral purpose).’’
SEC. 804. INCREASED PENALTIES FOR ALIEN SMUGGLING.
Pursuant to section 994 of title 28, United States
Code, the United States Sentencing Commission shall pro-
mulgate guidelines, or amend existing guidelines, to pro-
vide that a defendant convicted of violating, or conspiring
to violate section 1324(a) of title 8, United States Code,
shall be assigned not less than offense level 25 under sec-
tion 2L1.1 of the United States Sentencing Guidelines if
any of the following factors exist—
(1) if the offense involved five or more aliens in
a single scheme or otherwise;
(2) if the offense involved other criminal activ-
ity including, but not limited to, violations of the
Controlled Substances Act, prostitution, importation
of aliens for immoral purposes, trafficking in fire-
arms, money laundering, illegal gang activities, kid-
napping or ransom demands, fraudulent documents,
or extortion;
(3) if the offense involves smuggling of persons
under the age of 18 years for the purposes of illegal
adoption or of sexual or commercial exploitation;
(4) if the offense involves the smuggling of
known or suspected terrorists or persons involved in
organized crime;
(5) if the offense involves dangerous or inhu-
mane treatment of the persons smuggled; or
(6) if death or serious bodily harm occurs to
persons smuggled.
Otherwise, the base offense level shall be 13, except for
an offense described in section 1324(a)(2)(A) of title 8,
United States Code.
SEC. 805. EXPANDED FORFEITURE FOR SMUGGLING OR
HARBORING.
Subsection 274(b) of the Immigration and National-
ity Act (8 U.S.C. 1324(b)) is amended—
(1) by amending paragraph (1) to read as fol-
lows:
‘‘(1) Any property, real or personal, which fa-
cilitates or is intended to facilitate, or which has
been used in or is intended to be used in the com-
mission of a violation of subsection (a) or of sections
274A(a)(1) or 274A(a)(2), or which constitutes or is
derived from or traceable to the proceeds obtained
directly or indirectly from a commission of a viola-
tion of subsection (a), shall be subject to seizure and
forfeiture, except that—
‘‘(A) no property, used by any person as a
common carrier in the transaction of business
as a common carrier shall be forfeited under
the provisions of this section unless it shall ap-
pear that the owner or other person in charge
of such property was a consenting party or
privy to the illegal act;
‘‘(B) no property shall be forfeited under
the provisions of this section by reason of any
act or omission established by the owner thereof
to have been committed or omitted by any per-
son other than such owner while such property
was unlawfully in the possession of a person
other than the owner in violation of the crimi-
nal laws of the United States or of any State;
and
‘‘(C) no property shall be forfeited under
this paragraph to the extent of an interest of
any owner, by reason of any act or omission es-
tablished by that owner to have been committed
or omitted without the knowledge or consent of
the owner, unless such action or omission was
committed by an employee or agent of the
owner, and facilitated or was intended to facili-
tate, or was used in or intended to be used in,
the commission of a violation of subsection (a)
or of section 274A(a)(1) or 274A(a)(2) which
was committed by the owner or which intended
to further the business interests of the owner,
or to confer any other benefit upon the owner.’’.
(2) by striking from paragraph (2)—
(A) ‘‘conveyance’’ both places it appears
and inserting in lieu thereof ‘‘property’’; and
(B) ‘‘is being used in’’ and inserting in lieu
thereof ‘‘is being used in, is facilitating, has fa-
cilitated, or was intended to facilitate’’;
(3) by striking from paragraphs (4) and (5) ‘‘a
conveyance’’ and ‘‘conveyance’’ each place such
phrase or word appears and inserting in lieu thereof
‘‘property’’;
(4) by striking from paragraph (4)—
(A) ‘‘or’’ at the end of subparagraph (C),
and
(B) the period at the end of subparagraph
(D) and insetting ‘‘; or’’; and
(5) by adding after paragraph (4)(E):
‘‘(E) transfer custody and ownership of
forfeited property to any Federal, State, or
local agency pursuant to the Tariff Act of
1930, as amended (19 U.S.C. 1616a(c)).’’.
SEC. 806. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN-
VESTIGATIONS.
(a) Section 2516(1) of title 18, United States Code,
is amended—
(1) in paragraph (c) by inserting after ‘‘weap-
ons),’’ the following: ‘‘or a felony violation of section
1028 (relating to production of false identification
documentation), section 1546 (relating to fraud and
misuse of visas, permits, and other documents),’’;
(2) by striking ‘‘or’’ after paragraph (l) and re-
designating paragraphs (m), (n), and (o) as para-
graphs (n), (o), and (p), respectively;
(3) by inserting after paragraph (l) the follow-
ing new paragraph:
‘‘(m) a violation of section 274 of the Immigra-
tion and Nationality Act (8 U.S.C. 1324) (relating
to alien smuggling), of section 277 of the Immigra-
tion and Nationality Act (8 U.S.C. 1327) (relating
to the smuggling of aliens convicted of aggravated
felonies or of aliens subject to exclusion on grounds
of national security), or of section 278 of the Immi-
gration and Nationality Act (8 U.S.C. 1328) (relat-
ing to smuggling of aliens for the purpose of pros-
titution or other immoral purpose); ’’; and
(4) by striking ‘‘or any Deputy Assistant Attor-
ney General in the Criminal Division specially des-
ignated by the Attorney General’’ and inserting ‘‘or
any Deputy Assistant Attorney General or acting
Deputy Assistant Attorney General in, or one other
officer or employee of, the Criminal Division spe-
cially designated by the Attorney General’’.
(b) Section 2518(5) of title 18, United States Code,
is amended by inserting ‘‘(including personnel of a foreign
government or of a State or subdivision of a State)’’ after
‘‘Government personnel’’.
(c) Section 2510(7) of title 18, United States Code,
is amended by inserting before the semicolon ‘‘and addi-
tionally, for purposes of section 2517(1)–(2), any person
authorized to perform investigative, law enforcement, or
prosecutorial functions by a foreign government’’.
TITLE IX—LOCAL COOPERATION
SEC. 901. SAVE SYSTEM MANDATED.
Notwithstanding any other provision of law, no Fed-
eral financial assistance shall be paid to a State or local
government or agency for the aid to families with depend-
ent children program under subchapter IV of title 42
United States Code, the medicaid program under sub-
chapter XIX of title 42 United States Code, the unemploy-
ment compensation program under section 3304 of title
26 of United States Code, the Food Stamp Program under
the Food Stamp Act of 1977, or the financial assistance
programs under the United States Housing Act of 1937,
Section 235 or 236 of the National Housing Act, or sec-
tion 101 of the Housing and Urban Development Act of
1965 if such government or agency does not verify the
immigration status of aliens applying for benefits under
these programs through use of the automated SAVE sys-
tem established under section 12 of the Immigration Re-
form and Control Act of 1986 (Public Law 99–603).
TITLE X—CITIZENSHIP
SEC. 1001. VOTING LIMITED TO CITIZENS.
In the exercise of its powers under section 5 of the
Fourteenth Article of Amendment to the Constitution of
the United States to enforce the prohibition of section 1
of such Article against the making or enforcing of any law
that shall abridge the privileges or immunities of citizens
of the United States, the Congress determines that the
right of citizens to vote is a privilege of citizens of the
United States and that voting in elections of the United
States or of any State by persons who are not citizens
of the United States is an abridgement of that privilege.
It shall be unlawful, and a felony punishable by a fine
of not more than $10,000 and/or imprisonment of not
more than 1 year for each unlawful vote, for any person
who is not a citizen of the United States to vote in any
election to which the provisions of the Fifteenth, Nine-
teenth, Twenty-Fourth, or Twenty-Sixth Article of
Amendment to the Constitution applies or in any other
election, referendum, ballot, or other procedure of the
United States or of any State in which votes are taken.
Any vote that is cast in violation of this section shall be
null, void, and of no effect and shall not be counted.
Æ
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