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(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
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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-
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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:
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‘‘(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
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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).’’.
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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
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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).
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(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).
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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
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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
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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.’’.
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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
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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:
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‘‘(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);
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‘‘(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.
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‘‘(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
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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
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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
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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.
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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.
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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.
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‘‘(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
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(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-
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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-
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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.
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(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.
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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
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‘‘(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
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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-
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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.’’.
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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
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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
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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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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
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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.
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‘‘(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—
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‘‘(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-
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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.
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‘‘(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.’’.
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SEC. 303. APPREHENSION AND DETENTION OF ALIENS NOT
LAWFULLY IN THE UNITED STATES (REVISED
SECTION 236).
(a) IN GENERAL.—Section 236 (8 U.S.C. 1226) is
amended to read as follows:
‘‘APPREHENSION AND DETENTION OF ALIENS NOT
LAWFULLY IN THE UNITED STATES
‘‘SEC. 236. (a) ARREST, DETENTION, AND RE-
LEASE.—On a warrant issued by the Attorney General,
an alien may be arrested and detained pending a decision
on whether the alien is to be removed from the United
States. Except as provided in subsection (c) and pending
such decision, the Attorney General—
‘‘(1) may continue to detain the arrested alien;
and
‘‘(2) may release the alien on—
‘‘(A) bond of at least $1,500 with security
approved by, and containing conditions pre-
scribed by, the Attorney General; or
‘‘(B) conditional parole; but
‘‘(3) may not provide the alien with work au-
thorization (including an ‘employment authorized’
endorsement or other appropriate work permit), un-
less the alien is lawfully admitted for permanent res-
idence or otherwise would (without regard to re-
moval proceedings) be provided such authorization.
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‘‘(b) REVOCATION OF BOND OR PAROLE.—The At-
torney General at any time may revoke a bond or parole
authorized under subsection (a), rearrest the alien under
the original warrant, and detain the alien.
‘‘(c) ALIENS CONVICTED
OF AGGRAVATED FELO-
NIES.—
‘‘(1) CUSTODY.—The Attorney General shall
take into custody any alien convicted of an aggra-
vated felony when the alien is released, without re-
gard to whether the alien is released on parole, su-
pervised release, or probation, and without regard to
whether the alien may be arrested or imprisoned
again for the same offense.
‘‘(2) RELEASE.—The Attorney General may re-
lease the alien only if—
‘‘(A) the alien was lawfully admitted to the
United States and satisfies the Attorney Gen-
eral that the alien will not pose a danger to the
safety of other persons or of property and is
likely to appear for any scheduled proceeding;
‘‘(B) the alien was not lawfully admitted to
the United States, cannot be removed because
the designated country of removal will not ac-
cept the alien, and satisfies the Attorney Gen-
eral that the alien will not pose a danger to the
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safety of other persons or of property and is
likely to appear for any scheduled proceeding;
or
‘‘(C) the Attorney General decides pursu-
ant to section 3521 of title 18, United States
Code, that release of the alien from custody is
necessary to provide protection to a witness, a
potential witness, a person cooperating with an
investigation into major criminal activity, or an
immediate family member or close associate of
a witness, potential witness, or person cooperat-
ing with such an investigation.
A decision relating to such release shall take place
in accordance with a procedure that considers the
severity of the offense committed by the alien.
‘‘(d) IDENTIFICATION OF ALIENS CONVICTED OF AG-
GRAVATED FELONIES.—(1) The Attorney General shall
devise and implement a system—
‘‘(A) to make available, daily (on a 24-hour
basis), to Federal, State, and local authorities the
investigative resources of the Service to determine
whether individuals arrested by such authorities for
aggravated felonies are aliens;
‘‘(B) to designate and train officers and em-
ployees of the Service to serve as a liaison to Fed-
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eral, State, and local law enforcement and correc-
tional agencies and courts with respect to the arrest,
conviction, and release of any alien charged with an
aggravated felony; and
‘‘(C) which uses computer resources to main-
tain a current record of aliens who have been con-
victed of an aggravated felony and who have been
removed.
‘‘(2) The record under paragraph (1)(C) shall be
made available—
‘‘(A) to inspectors at ports of entry and to bor-
der patrol agents at sector headquarters for pur-
poses of immediate identification of any such pre-
viously removed alien seeking to reenter the United
States, and
‘‘(B) to officials of the Department of State for
use in its automated visa lookout system.’’.
(b) INCREASE IN INS DETENTION FACILITIES.—
Subject to the availability of appropriations, the Attorney
General shall provide for an increase in the detention fa-
cilities of the Immigration and Naturalization Service to
at least 9,000 beds by fiscal year 1997.
Title III, Subtitle A
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SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF RE-
MOVAL AND ADJUSTMENT OF STATUS; VOL-
UNTARY DEPARTURE (REVISED AND NEW
SECTIONS 239 TO 240C).
(a) IN GENERAL.—Chapter 4 of title II is amended—
(1) by redesignating section 239 as section 234
and by moving such section to immediately follow
section 233;
(2) by redesignating section 240 (8 U.S.C.
1230) as section 240C; and
(3) by inserting after section 238 the following
new sections:
‘‘INITIATION OF REMOVAL PROCEEDINGS
‘‘SEC. 239. (a) NOTICE TO APPEAR.—
‘‘(1) IN
GENERAL.—In removal proceedings
under section 240, written notice (in this section re-
ferred to as a ‘notice to appear’) shall be given in
person to the alien (or, if personal service is not
practicable, through service by mail to the alien or
to the alien’s counsel of record, if any) specifying the
following:
‘‘(A) The nature of the proceedings against
the alien.
‘‘(B) The legal authority under which the
proceedings are conducted.
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‘‘(C) The acts or conduct alleged to be in
violation of law.
‘‘(D) The charges against the alien and the
statutory provisions alleged to have been vio-
lated.
‘‘(E) The alien may be represented by
counsel and the alien will be provided (A) a pe-
riod of time to secure counsel under subsection
(b)(1) and (B) a current list of counsel pre-
pared under subsection (b)(2).
‘‘(F)(i) The requirement that the alien
must immediately provide (or have provided)
the Attorney General with a written record of
an address and telephone number (if any) at
which the alien may be contacted respecting
proceedings under section 240.
‘‘(ii) The requirement that the alien must
provide the Attorney General immediately with
a written record of any change of the alien’s ad-
dress or telephone number.
‘‘(iii) The consequences under section
240(b)(5) of failure to provide address and tele-
phone information pursuant to this subpara-
graph.
Title III, Subtitle A
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‘‘(G)(i) The time and place at which the
proceedings will be held.
‘‘(ii) The consequences under section
240(b)(5) of the failure, except under excep-
tional circumstances, to appear at such proceed-
ings.
‘‘(2) NOTICE OF CHANGE IN TIME OR PLACE OF
PROCEEDINGS.—
‘‘(A) IN GENERAL.—In removal proceed-
ings under section 240, in the case of any
change or postponement in the time and place
of such proceedings, subject to subparagraph
(B) a written notice shall be given in person to
the alien (or, if personal service is not prac-
ticable, through service by mail to the alien or
to the alien’s counsel of record, if any) specify-
ing—
‘‘(i) the new time or place of the pro-
ceedings, and
‘‘(ii) the consequences under section
240(b)(5) of failing, except under excep-
tional circumstances, to attend such pro-
ceedings.
‘‘(B) EXCEPTION.—In the case of an alien
not in detention, a written notice shall not be
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required under this paragraph if the alien has
failed to provide the address required under
paragraph (1)(F).
‘‘(3) CENTRAL ADDRESS FILES.—The Attorney
General shall create a system to record and preserve
on a timely basis notices of addresses and telephone
numbers (and changes) provided under paragraph
(1)(F).
‘‘(b) SECURING OF COUNSEL.—
‘‘(1) IN GENERAL.—In order that an alien be
permitted the opportunity to secure counsel before
the first hearing date in proceedings under section
240, the hearing date shall not be scheduled earlier
than 10 days after the service of the notice to ap-
pear, unless the alien requests in writing an earlier
hearing date.
‘‘(2) CURRENT LISTS OF COUNSEL.—The Attor-
ney General shall provide for lists (updated not less
often than quarterly) of persons who have indicated
their availability to represent pro bono aliens in pro-
ceedings under section 240. Such lists shall be pro-
vided under subsection (a)(1)(E) and otherwise
made generally available.
‘‘(c) SERVICE BY MAIL.—Service by mail under this
section shall be sufficient if there is proof of attempted
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delivery to the last address provided by the alien in accord-
ance with subsection (a)(1)(F).
‘‘(d) PROMPT INITIATION OF REMOVAL.—(1) In the
case of an alien who is convicted of an offense which
makes the alien deportable, the Attorney General shall
begin any removal proceeding as expeditiously as possible
after the date of the conviction.
‘‘(2) Nothing in this subsection shall be construed to
create any substantive or procedural right or benefit that
is legally enforceable by any party against the United
States or its agencies or officers or any other person.
‘‘REMOVAL PROCEEDINGS
‘‘SEC. 240. (a) PROCEEDING.—
‘‘(1) IN GENERAL.—An immigration judge shall
conduct proceedings for deciding the inadmissibility
or deportability of an alien.
‘‘(2) CHARGES.—An alien placed in proceedings
under this section may be charged with any applica-
ble ground of inadmissibility under section 212(a) or
any applicable ground of deportability under section
237(a).
‘‘(3) EXCLUSIVE PROCEDURES.—Unless other-
wise specified in this Act, a proceeding under this
section shall be the sole and exclusive procedure for
determining whether an alien may be admitted to
the United States or, if the alien has been so admit-
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ted, removed from the United States. Nothing in
this section shall affect proceedings conducted pur-
suant to section 238.
‘‘(b) CONDUCT OF PROCEEDING.—
‘‘(1) AUTHORITY
OF
IMMIGRATION
JUDGE.—
The immigration judge shall administer oaths, re-
ceive evidence, and interrogate, examine, and cross-
examine the alien and any witnesses. The immigra-
tion judge may issue subpoenas for the attendance
of witnesses and presentation of evidence. The immi-
gration judge shall have authority (under regulations
prescribed by the Attorney General) to sanction by
civil money penalty any action (or inaction) in con-
tempt of the judge’s proper exercise of authority
under this Act.
‘‘(2) FORM OF PROCEEDING.—
‘‘(A) IN GENERAL.—The proceeding may
take place—
‘‘(i) in person,
‘‘(ii) through video conference, or
‘‘(iii) subject to subparagraph (B),
through telephone conference.
‘‘(B) CONSENT
REQUIRED
IN
CERTAIN
CASES.—An evidentiary hearing on the merits
may only be conducted through a telephone con-
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ference with the consent of the alien involved
after the alien has been advised of the right to
proceed in person or through video conference.
‘‘(3) PRESENCE OF ALIEN.—If it is impractica-
ble by reason of an alien’s mental incompetency for
the alien to be present at the proceeding, the Attor-
ney General shall prescribe safeguards to protect the
rights and privileges of the alien.
‘‘(4) ALIENS RIGHTS IN PROCEEDING.—In pro-
ceedings under this section, under regulations of the
Attorney General—
‘‘(A) the alien shall have the privilege of
being represented, at no expense to the Govern-
ment, by counsel of the alien’s choosing who is
authorized to practice in such proceedings,
‘‘(B) the alien shall have a reasonable op-
portunity to examine the evidence against the
alien, to present evidence on the alien’s own be-
half, and to cross-examine witnesses presented
by the Government, and
‘‘(C) a complete record shall be kept of all
testimony and evidence produced at the pro-
ceeding.
‘‘(5) CONSEQUENCES
OF
FAILURE
TO
AP-
PEAR.—
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‘‘(A) IN GENERAL.—Any alien who, after
written notice required under paragraph (1) or
(2) of section 239(a) has been provided to the
alien or the alien’s counsel of record, does not
attend a proceeding under this section, shall be
ordered removed in absentia if the Service es-
tablishes by clear, unequivocal, and convincing
evidence that the written notice was so provided
and that the alien is removable (as defined in
subsection (e)(2)). The written notice by the
Attorney General shall be considered sufficient
for purposes of this subparagraph if provided at
the most recent address provided under section
239(a)(1)(F).
‘‘(B) NO NOTICE IF FAILURE TO PROVIDE
ADDRESS
INFORMATION.—No written notice
shall be required under subparagraph (A) if the
alien has failed to provide the address required
under section 239(a)(1)(F).
‘‘(C) RESCISSION
OF
ORDER.—Such an
order may be rescinded only—
‘‘(i) upon a motion to reopen filed
within 180 days after the date of the order
of removal if the alien demonstrates that
the failure to appear was because of excep-
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tional circumstances (as defined in sub-
section (e)(1)), or
‘‘(ii) upon a motion to reopen filed at
any time if the alien demonstrates that the
alien did not receive notice in accordance
with paragraph (1) or (2) of section 239(a)
or the alien demonstrates that the alien
was in Federal or State custody and did
not appear through no fault of the alien.
The filing of the motion to reopen described in
clause (i) or (ii) shall stay the removal of the
alien pending disposition of the motion.
‘‘(D) EFFECT ON JUDICIAL REVIEW.—Any
petition for review under section 242 of an
order entered in absentia under this paragraph
shall (except in cases described in section
242(b)(5)) be confined to (i) the validity of the
notice provided to the alien, (ii) the reasons for
the alien’s not attending the proceeding, and
(iii) whether or not the alien is removable.
‘‘(6) TREATMENT OF FRIVOLOUS BEHAVIOR.—
The Attorney General shall, by regulation—
‘‘(A) define in a proceeding before an im-
migration judge or before an appellate adminis-
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trative body under this title, frivolous behavior
for which attorneys may be sanctioned,
‘‘(B) specify the circumstances under
which an administrative appeal of a decision or
ruling will be considered frivolous and will be
summarily dismissed, and
‘‘(C) impose appropriate sanctions (which
may include suspension and disbarment) in the
case of frivolous behavior.
Nothing in this paragraph shall be construed as lim-
iting the authority of the Attorney General to take
actions with respect to inappropriate behavior.
‘‘(7) LIMITATION
ON
DISCRETIONARY
RELIEF
FOR FAILURE TO APPEAR.—Any alien against whom
a final order of removal is entered in absentia under
this subsection and who, at the time of the notice
described in paragraph (1) or (2) of section 239(a),
was provided oral notice, either in the alien’s native
language or in another language the alien under-
stands, of the time and place of the proceedings and
of the consequences under this paragraph of failing,
other than because of exceptional circumstances (as
defined in subsection (e)(1)) to attend a proceeding
under this section, shall not be eligible for relief
under section 240A, 240B, 245, 248, or 249 for a
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period of 10 years after the date of the entry of the
final order of removal.
‘‘(c) DECISION AND BURDEN OF PROOF.—
‘‘(1) DECISION.—
‘‘(A) IN GENERAL.—At the conclusion of
the proceeding the immigration judge shall de-
cide whether an alien is removable from the
United States. The determination of the immi-
gration judge shall be based only on the evi-
dence produced at the hearing.
‘‘(B) CERTAIN MEDICAL DECISIONS.—If a
medical officer or civil surgeon or board of med-
ical officers has certified under section 232(b)
that an alien has a disease, illness, or addiction
which would make the alien inadmissible under
paragraph (1) of section 212(a), the decision of
the immigration judge shall be based solely
upon such certification.
‘‘(2) BURDEN
ON
ALIEN.—In the proceeding
the alien has the burden of establishing—
‘‘(A) if the alien is an applicant for admis-
sion, that the alien is clearly and beyond doubt
entitled to be admitted and is not inadmissible
under section 212; or
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‘‘(B) by clear and convincing evidence, that
the alien is lawfully present in the United
States pursuant to a prior admission.
In meeting the burden of proof under subparagraph
(B), the alien shall have access to the alien’s visa or
other entry document, if any, and any other records
and documents, not considered by the Attorney Gen-
eral to be confidential, pertaining to the alien’s ad-
mission or presence in the United States.
‘‘(3) BURDEN ON SERVICE IN CASES OF DE-
PORTABLE ALIENS.—In the proceeding the Service
has the burden of establishing by clear and convinc-
ing evidence that, in the case of an alien who has
been admitted to the United States, the alien is de-
portable. No decision on deportability shall be valid
unless it is based upon reasonable, substantial, and
probative evidence.
‘‘(4) NOTICE.—If the immigration judge de-
cides that the alien is removable and orders the alien
to be removed, the judge shall inform the alien of
the right to appeal that decision and of the con-
sequences for failure to depart under the order of re-
moval, including civil and criminal penalties.
‘‘(5) MOTIONS TO RECONSIDER.—
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‘‘(A) IN GENERAL.—The alien may file one
motion to reconsider a decision that the alien is
removable from the United States.
‘‘(B) DEADLINE.—The motion must be
filed within 30 days of the date of entry of a
final administrative order of removal.
‘‘(C) CONTENTS.—The motion shall speci-
fy the errors of law or fact in the previous order
and shall be supported by pertinent authority.
‘‘(6) MOTIONS TO REOPEN.—
‘‘(A) IN GENERAL.—An alien may file one
motion to reopen proceedings under this sec-
tion.
‘‘(B) CONTENTS.—The motion to reopen
shall state the new facts that will be proven at
a hearing to be held if the motion is granted,
and shall be supported by affidavits or other
evidentiary material.
‘‘(C) DEADLINE.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in this subparagraph, the motion to
reopen shall be filed within 90 days of the
date of entry of a final administrative
order of removal.
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‘‘(ii) ASYLUM.—There is no time limit
on the filing of a motion to reopen if the
basis of the motion is to apply for relief
under sections 208 or 241(b)(3) and is
based on changed country conditions aris-
ing in the country of nationality or the
country to which removal has been or-
dered, if such evidence is material and was
not available and would not have been dis-
covered or presented at the previous pro-
ceeding.
‘‘(iii) FAILURE
TO
APPEAR.—A mo-
tion to reopen may be filed within 180
days after the date of the final order of re-
moval if the order has been entered pursu-
ant to subsection (b)(5) due to the alien’s
failure to appear for proceedings under
this section and the alien establishes that
the alien’s failure to appear was because of
exceptional circumstances beyond the con-
trol of the alien or because the alien did
not receive the notice required under sec-
tion 239(a)(2).
‘‘(d) STIPULATED REMOVAL.—The Attorney General
shall provide by regulation for the entry by an immigration
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judge of an order of removal stipulated to by the alien
(or the alien’s representative) and the Service. A stipu-
lated order shall constitute a conclusive determination of
the alien’s removability from the United States.
‘‘(e) DEFINITIONS.—In this section and section
240A:
‘‘(1) 
EXCEPTIONAL
CIRCUMSTANCES.—The
term ‘exceptional circumstances’ refers to excep-
tional circumstances (such as serious illness of the
alien or serious illness or death of the spouse, child,
or parent of the alien, but not including less compel-
ling circumstances) beyond the control of the alien.
‘‘(2) 
REMOVABLE.—The 
term 
‘removable’
means—
‘‘(A) in the case of an alien not admitted
to the United States, that the alien is inadmis-
sible under section 212, or
‘‘(B) in the case of an alien admitted to
the United States, that the alien is deportable
under section 237.
‘‘CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS
‘‘SEC. 240A. (a) CANCELLATION OF REMOVAL FOR
CERTAIN PERMANENT RESIDENTS.—The Attorney Gen-
eral may cancel removal in the case of an alien who is
inadmissible or deportable from the United States if the
alien—
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‘‘(1) has been an alien lawfully admitted for
permanent residence for not less than 5 years,
‘‘(2) has resided in the United States continu-
ously for 7 years after having been admitted in any
status, and
‘‘(3) has not been convicted of an aggravated
felony or felonies for which the alien has been sen-
tenced, in the aggregate, to a term of imprisonment
of at least 5 years.
‘‘(b) CANCELLATION OF REMOVAL AND ADJUSTMENT
OF
STATUS
FOR
CERTAIN
NONPERMANENT
RESI-
DENTS.—
‘‘(1) IN GENERAL.—The Attorney General may
cancel removal in the case of an alien is deportable
from the United States if the alien—
‘‘(A) has been physically present in the
United States for a continuous period of not
less than 7 years since being admitted to the
United States;
‘‘(B) has been a person of good moral
character during such period;
‘‘(C) has not been convicted of an aggra-
vated felony; and
‘‘(D) establishes that removal would result
in extreme hardship to the alien or to the
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alien’s spouse, parent, or child, who is a citizen
of the United States or an alien lawfully admit-
ted for permanent residence.
‘‘(2) SPECIAL RULE FOR BATTERED SPOUSE OR
CHILD.—The Attorney General may cancel removal
in the case of an alien who is inadmissible or deport-
able from the United States if the alien—
‘‘(A) has been battered or subjected to ex-
treme cruelty in the United States by a spouse
or parent who is a United States citizen or law-
ful permanent resident (or is the parent of a
child of a United States citizen or lawful per-
manent resident and the child has been bat-
tered or subjected to extreme cruelty in the
United States by such citizen or permanent
resident parent);
‘‘(B) has been physically present in the
United States for a continuous period of not
less than 3 years immediately preceding the
date of such application;
‘‘(C) has been a person of good moral
character during such period;
‘‘(D) is not inadmissible under paragraph
(2) or (3) of section 212(a), is not deportable
under paragraph (1)(G) or (2) through (4) of
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‘‘(iii) has not fulfilled that requirement or
received a waiver thereof.
‘‘(5) An alien who is inadmissible under section
212(a)(3) or deportable under subparagraph (B) or
(D) of section 237(a)(4).
‘‘(d) SPECIAL RULES RELATING
TO CONTINUOUS
RESIDENCE OR PHYSICAL PRESENCE.—
‘‘(1) TERMINATION OF CONTINUOUS PERIOD.—
For purposes of this section, any period of continu-
ous residence or continuous physical presence in the
United States shall be deemed to end when the alien
is served a notice to appear under section 239(a).
‘‘(2) TREATMENT
OF
CERTAIN
BREAKS
IN
PRESENCE.—An alien shall be considered to have
failed to maintain continuous physical presence in
the United States under subsections (b)(1) and
(b)(2) if the alien has departed from the United
States for any continuous period exceeding 90 days
or for any periods in the aggregate exceeding 180
days.
‘‘(3) CONTINUITY NOT REQUIRED BECAUSE OF
HONORABLE SERVICE IN ARMED FORCES AND PRES-
ENCE
UPON
ENTRY
INTO
SERVICE.—The require-
ments of continuous residence or continuous physical
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presence in the United States under subsections (a)
and (b) shall not apply to an alien who—
‘‘(A) has served for a minimum period of
24 months in an active-duty status in the
Armed Forces of the United States and, if sep-
arated from such service, was separated under
honorable conditions, and
‘‘(B) at the time of the alien’s enlistment
or induction was in the United States.
‘‘VOLUNTARY DEPARTURE
‘‘SEC. 240B. (a) CERTAIN CONDITIONS.—
‘‘(1) IN GENERAL.—The Attorney General may
permit an alien voluntarily to depart the United
States at the alien’s own expense under this sub-
section, in lieu of being subject to proceedings under
section 240 or prior to the completion of such pro-
ceedings, if the alien is not deportable under section
237(a)(2)(A)(iii) or section 237(a)(4)(B).
‘‘(2) PERIOD.—Permission to depart voluntarily
under this subsection shall not be valid for a period
exceeding 120 days.
‘‘(3) BOND.—The Attorney General may re-
quire an alien permitted to depart voluntarily under
this subsection to post a voluntary departure bond,
to be surrendered upon proof that the alien has de-
parted the United States within the time specified.
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‘‘(4) TREATMENT OF ALIENS ARRIVING IN THE
UNITED STATES.—In the case of an alien who is ar-
riving in the United States and with respect to
whom proceedings under section 240 are (or would
otherwise be) initiated at the time of such alien’s ar-
rival, paragraph (1) shall not apply. Nothing in this
paragraph shall be construed as preventing such an
alien from withdrawing the application for admission
in accordance with section 235(a)(4).
‘‘(b) AT CONCLUSION OF PROCEEDINGS.—
‘‘(1) IN GENERAL.—The Attorney General may
permit an alien voluntarily to depart the United
States at the alien’s own expense if, at the conclu-
sion of a proceeding under section 240, the immigra-
tion judge enters an order granting voluntary depar-
ture in lieu of removal and finds that—
‘‘(A) the alien has been physically present
in the United States for a period of at least one
year immediately preceding the date the notice
to appear was served under section 239(a);
‘‘(B) the alien is, and has been, a person
of good moral character for at least 5 years im-
mediately preceding the alien’s application for
voluntary departure;
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‘‘(C) the alien is not deportable under sec-
tion 237(a)(2)(A)(iii) or section 237(a)(4); and
‘‘(D) the alien has established by clear and
convincing evidence that the alien has the
means to depart the United States and intends
to do so.
‘‘(2) PERIOD.—Permission to depart voluntarily
under this subsection shall not be valid for a period
exceeding 60 days.
‘‘(3) BOND.—An alien permitted to depart vol-
untarily under this subsection shall be required to
post a voluntary departure bond, in an amount nec-
essary to ensure that the alien will depart, to be sur-
rendered upon proof that the alien has departed the
United States within the time specified.
‘‘(c) ALIENS NOT ELIGIBLE.—The Attorney General
shall not permit an alien to depart voluntarily under this
section if the alien was previously permitted to so depart
after having been found inadmissible under section
212(a)(9).
‘‘(d) CIVIL PENALTY FOR FAILURE TO DEPART.—
If an alien is permitted to depart voluntarily under this
section and fails voluntarily to depart the United States
within the time period specified, the alien shall be subject
to a civil penalty of not less than $1,000 and not more
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than $5,000, and be ineligible for a period of 10 years
for any further relief under this section and sections 240A,
245, 248, and 249.
‘‘(e) ADDITIONAL CONDITIONS.—The Attorney Gen-
eral may by regulation limit eligibility for voluntary depar-
ture under this section for any class or classes of aliens.
‘‘(f) APPEALS OF DENIALS.—An alien may appeal
from denial of a request for an order of voluntary depar-
ture under subsection (b) in accordance with the proce-
dures in section 242. Notwithstanding the pendency of
such appeal, the alien shall be removable from the United
States 60 days after entry of the order of removal. The
alien’s removal from the United States shall not moot the
appeal.’’.
(b) REPEAL OF SECTION 212(c).—Section 212(c) (8
U.S.C. 1182(c)) is repealed.
SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED
REMOVED (NEW SECTION 241).
(a) IN GENERAL.—Title II is further amended—
(1) by striking section 237 (8 U.S.C. 1227),
(2) by redesignating section 241 as section 237
and by moving such section to immediately follow
section 236, and
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(3) by inserting after section 240C (as redesig-
nated by section 304(a)(2)) the following new sec-
tion:
‘‘DETENTION AND REMOVAL OF ALIENS ORDERED
REMOVED
‘‘SEC. 241. (a) DETENTION, RELEASE, AND RE-
MOVAL OF ALIENS ORDERED REMOVED.—
‘‘(1) REMOVAL PERIOD.—
‘‘(A) IN GENERAL.—Except as otherwise
provided in this section, when an alien is or-
dered removed, the Attorney General shall re-
move the alien from the United States within a
period of 90 days (in this section referred to as
the ‘removal period’).
‘‘(B) BEGINNING
OF
PERIOD.—The re-
moval period begins on the latest of the follow-
ing:
‘‘(i) The date the order of removal be-
comes administratively final.
‘‘(ii) If the removal order is judicially
reviewed and such review serves to stay the
removal of the alien, the date of the court’s
final order.
‘‘(iii) If the alien is detained or con-
fined (except under an immigration proc-
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ess), the date the alien is released from de-
tention or confinement.
‘‘(C) SUSPENSION
OF
PERIOD.—The re-
moval period shall be extended beyond a period
of 90 days and the alien may remain in deten-
tion during such extended period if the alien
willfully fails or refuses to make timely applica-
tion in good faith for travel or other documents
necessary to the alien’s departure or conspires
or acts to prevent the alien’s removal subject to
an order of removal.
‘‘(2) DETENTION AND RELEASE BY THE ATTOR-
NEY GENERAL.—During the removal period, the At-
torney General shall detain the alien. If there is in-
sufficient detention space to detain the alien, the At-
torney General shall make a specific finding to this
effect and may release the alien on a bond contain-
ing such conditions as the Attorney General may
prescribe.
‘‘(3) SUPERVISION AFTER 90-DAY PERIOD.—If
the alien does not leave or is not removed within the
removal period, the alien, pending removal, shall be
subject to supervision under regulations prescribed
by the Attorney General. The regulations shall in-
clude provisions requiring the alien—
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‘‘(A) to appear before an immigration offi-
cer periodically for identification;
‘‘(B) to submit, if necessary, to a medical
and psychiatric examination at the expense of
the United States Government;
‘‘(C) to give information under oath about
the alien’s nationality, circumstances, habits,
associations, and activities, and other informa-
tion the Attorney General considers appro-
priate; and
‘‘(D) to obey reasonable written restric-
tions on the alien’s conduct or activities that
the Attorney General prescribes for the alien.
‘‘(4) ALIENS IMPRISONED, ARRESTED, OR ON
PAROLE, SUPERVISED RELEASE, OR PROBATION.—
Except as provided in section 343(a) of the Public
Health Service Act (42 U.S.C. 259(a)), the Attorney
General may not remove an alien who is sentenced
to imprisonment until the alien is released from im-
prisonment. Parole, supervised release, probation, or
possibility of arrest or further imprisonment is not
a reason to defer removal.
‘‘(5) REINSTATEMENT
OF
REMOVAL
ORDERS
AGAINST ALIENS ILLEGALLY REENTERING.—If the
Attorney General finds that an alien has reentered
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the United States illegally after having been removed
or having departed voluntarily, under an order of re-
moval, the prior order of removal is reinstated from
its original date and is not subject to being reopened
or reviewed, and the alien shall be removed under
the prior order at any time after the reentry.
‘‘(6) INADMISSIBLE ALIENS.—An alien ordered
removed who is inadmissible under section 212 may
be detained beyond the removal period and, if re-
leased, shall be subject to the terms of supervision
in paragraph (3).
‘‘(7) EMPLOYMENT AUTHORIZATION.—No alien
ordered removed shall be eligible to receive author-
ization to be employed in the United States unless
the Attorney General makes a specific finding that—
‘‘(A) the alien cannot be removed due to
the refusal of all countries designated by the
alien or under this section to receive the alien,
or
‘‘(B) the removal of the alien is otherwise
impracticable or contrary to the public interest.
‘‘(b) COUNTRIES TO WHICH ALIENS MAY BE RE-
MOVED.—
‘‘(1) ALIENS
ARRIVING
AT
THE
UNITED
STATES.—Subject to paragraph (3)—
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‘‘(A) IN GENERAL.—Except as provided by
subparagraphs (B) and (C), an alien who ar-
rives at the United States and with respect to
whom proceedings under section 240 were initi-
ated at the time of such alien’s arrival shall be
removed to the country in which the alien
boarded the vessel or aircraft on which the alien
arrived in the United States.
‘‘(B) TRAVEL FROM CONTIGUOUS TERRI-
TORY.—If the alien boarded the vessel or air-
craft on which the alien arrived in the United
States in a foreign territory contiguous to the
United States, an island adjacent to the United
States, or an island adjacent to a foreign terri-
tory contiguous to the United States, and the
alien is not a native, citizen, subject, or national
of, or does not reside in, the territory or island,
removal shall be to the country in which the
alien boarded the vessel that transported the
alien to the territory or island.
‘‘(C) ALTERNATIVE
COUNTRIES.—If the
government of the country designated in sub-
paragraph (A) or (B) is unwilling to accept the
alien into that country’s territory, removal shall
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be to any of the following countries, as directed
by the Attorney General:
‘‘(i) The country of which the alien is
a citizen, subject, or national.
‘‘(ii) The country in which the alien
was born.
‘‘(iii) The country in which the alien
has a residence.
‘‘(iv) A country with a government
that will accept the alien into the country’s
territory if removal to each country de-
scribed in a previous clause of this sub-
paragraph is impracticable, inadvisable, or
impossible.
‘‘(2) OTHER
ALIENS.—Subject to paragraph
(3)—
‘‘(A) 
SELECTION
OF
COUNTRY
BY
ALIEN.—Except as otherwise provided in this
paragraph—
‘‘(i) any alien not described in para-
graph (1) who has been ordered removed
may designate one country to which the
alien wants to be removed, and
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‘‘(ii) the Attorney General shall re-
move the alien to the country the alien so
designates.
‘‘(B) LIMITATION
ON
DESIGNATION.—An
alien may designate under subparagraph (A)(i)
a foreign territory contiguous to the United
States, an adjacent island, or an island adja-
cent to a foreign territory contiguous to the
United States as the place to which the alien is
to be removed only if the alien is a native, citi-
zen, subject, or national of, or has resided in,
that designated territory or island.
‘‘(C) DISREGARDING
DESIGNATION.—The
Attorney General may disregard a designation
under subparagraph (A)(i) if—
‘‘(i) the alien fails to designate a
country promptly;
‘‘(ii) the government of the country
does not inform the Attorney General fi-
nally, within 1 month after the date the
Attorney General first inquires, whether
the government will accept the alien into
the country;
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‘‘(iii) the government of the country is
not willing to accept the alien into the
country; or
‘‘(iv) the Attorney General decides
that removing the alien to the country is
prejudicial to the United States.
‘‘(D) ALTERNATIVE COUNTRY.—If an alien
is not removed to a country designated under
subparagraph (A)(i), the Attorney General shall
remove the alien to a country of which the alien
is a subject, national, or citizen unless the gov-
ernment of the country—
‘‘(i) does not inform the Attorney
General or the alien finally, within 1
month after the date the Attorney General
first inquires or within another period of
time the Attorney General decides is rea-
sonable, whether the government will ac-
cept the alien into the country; or
‘‘(ii) is not willing to accept the alien
into the country.
‘‘(E) ADDITIONAL REMOVAL COUNTRIES.—
If an alien is not removed to a country under
the previous subparagraphs of this paragraph,
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the Attorney General shall remove the alien to
any of the following countries:
‘‘(i) The country from which the alien
was admitted to the United States.
‘‘(ii) The country in which is located
the foreign port from which the alien left
for the United States or for a foreign terri-
tory contiguous to the United States.
‘‘(iii) A country in which the alien re-
sided before the alien entered the country
from which the alien entered the United
States.
‘‘(iv) The country in which the alien
was born.
‘‘(v) The country that had sovereignty
over the alien’s birthplace when the alien
was born.
‘‘(vi) The country in which the alien’s
birthplace is located when the alien is or-
dered removed.
‘‘(vii) If impracticable, inadvisable, or
impossible to remove the alien to each
country described in a previous clause of
this subparagraph, another country whose
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government will accept the alien into that
country.
‘‘(F) REMOVAL
COUNTRY
WHEN
UNITED
STATES IS AT WAR.—When the United States is
at war and the Attorney General decides that it
is impracticable, inadvisable, inconvenient, or
impossible to remove an alien under this sub-
section because of the war, the Attorney Gen-
eral may remove the alien—
‘‘(i) to the country that is host to a
government in exile of the country of which
the alien is a citizen or subject if the gov-
ernment of the host country will permit the
alien’s entry; or
‘‘(ii) if the recognized government of
the country of which the alien is a citizen
or subject is not in exile, to a country, or
a political or territorial subdivision of a
country, that is very near the country of
which the alien is a citizen or subject, or,
with the consent of the government of the
country of which the alien is a citizen or
subject, to another country.
‘‘(c) REMOVAL OF ALIENS ARRIVING AT PORT OF
ENTRY.—
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‘‘(1) VESSELS AND AIRCRAFT.—An alien arriv-
ing at a port of entry of the United States who is
ordered removed either without a hearing under sec-
tion 235(a)(1) or 235(c) or pursuant to proceedings
under section 240 initiated at the time of such
alien’s arrival shall be removed immediately on a
vessel or aircraft owned by the owner of the vessel
or aircraft on which the alien arrived in the United
States, unless—
‘‘(A) it is impracticable to remove the alien
on one of those vessels or aircraft within a rea-
sonable time, or
‘‘(B) the alien is a stowaway—
‘‘(i) who has been ordered removed in
accordance with section 235(a)(1),
‘‘(ii) who has requested asylum, and
‘‘(iii) whose application has not been
adjudicated or whose asylum application
has been denied but who has not exhausted
all appeal rights.
‘‘(2) STAY OF REMOVAL.—
‘‘(A) IN GENERAL.—The Attorney General
may stay the removal of an alien under this
subsection if the Attorney General decides
that—
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‘‘(i) immediate removal is not prac-
ticable or proper; or
‘‘(ii) the alien is needed to testify in
the prosecution of a person for a violation
of a law of the United States or of any
State.
‘‘(B) PAYMENT OF DETENTION COSTS.—
During the period an alien is detained because
of a stay of removal under subparagraph
(A)(ii), the Attorney General may pay from the
appropriation ‘Immigration and Naturalization
Service—Salaries and Expenses’—
‘‘(i) the cost of maintenance of the
alien; and
‘‘(ii) a witness fee of $1 a day.
‘‘(C) RELEASE DURING STAY.—The Attor-
ney General may release an alien whose removal
is stayed under subparagraph (A)(ii) on—
‘‘(i) the alien’s filing a bond of at
least $500 with security approved by the
Attorney General;
‘‘(ii) condition that the alien appear
when required as a witness and for re-
moval; and
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‘‘(iii) other conditions the Attorney
General may prescribe.
‘‘(3) COSTS OF DETENTION AND MAINTENANCE
PENDING REMOVAL.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B) and paragraph (4), an owner
of a vessel or aircraft bringing an alien to the
United States shall pay the costs of detaining
and maintaining the alien—
‘‘(i) while the alien is detained under
subsection (d)(1), and
‘‘(ii) in the case of an alien who is a
stowaway, while the alien is being detained
pursuant 
to 
subsection 
(d)(2)(A) 
or
(d)(2)(B)(ii).
‘‘(B) 
NONAPPLICATION.—Subparagraph
(A) shall not apply if—
‘‘(i) the alien is a crewmember;
‘‘(ii) the alien has an immigrant visa;
‘‘(iii) the alien has a nonimmigrant
visa or other documentation authorizing
the alien to apply for temporary admission
to the United States and applies for admis-
sion not later than 120 days after the date
the visa or documentation was issued;
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‘‘(iv) the alien has a reentry permit
and applies for admission not later than
120 days after the date of the alien’s last
inspection and admission;
‘‘(v)(I) the alien has a nonimmigrant
visa or other documentation authorizing
the alien to apply for temporary admission
to the United States or a reentry permit;
‘‘(II) the alien applies for admission
more than 120 days after the date the visa
or documentation was issued or after the
date of the last inspection and admission
under the reentry permit; and
‘‘(III) the owner of the vessel or air-
craft satisfies the Attorney General that
the existence of the condition relating to
inadmissibility could not have been discov-
ered by exercising reasonable care before
the alien boarded the vessel or aircraft; or
‘‘(vi) the individual claims to be a na-
tional of the United States and has a Unit-
ed States passport.
‘‘(d) REQUIREMENTS
OF
PERSONS
PROVIDING
TRANSPORTATION.—
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‘‘(1) REMOVAL
AT
TIME
OF
ARRIVAL.—An
owner, agent, master, commanding officer, person in
charge, purser, or consignee of a vessel or aircraft
bringing an alien (except an alien crewmember) to
the United States shall—
‘‘(A) receive an alien back on the vessel or
aircraft or another vessel or aircraft owned or
operated by the same interests if the alien is or-
dered removed under this part; and
‘‘(B) take the alien to the foreign country
to which the alien is ordered removed.
‘‘(2) ALIEN
STOWAWAYS.—An owner, agent,
master, commanding officer, charterer, or consignee
of a vessel or aircraft arriving in the United States
with an alien stowaway—
‘‘(A) shall detain the alien on board the
vessel or aircraft;
‘‘(B) may not permit the stowaway to land
in the United States, except pursuant to regula-
tions of the Attorney General temporarily—
‘‘(i) for medical treatment,
‘‘(ii) for detention of the stowaway by
the Attorney General, or
‘‘(iii) for departure or removal of the
stowaway; and
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‘‘(C) if ordered by an immigration officer,
shall remove the stowaway on the vessel or air-
craft or on another vessel or aircraft.
‘‘(3) REMOVAL
UPON
ORDER.—An owner,
agent, master, commanding officer, person in
charge, purser, or consignee of a vessel, aircraft, or
other transportation line shall comply with an order
of the Attorney General to take on board, guard
safely, and transport to the destination specified any
alien ordered to be removed under this Act.
‘‘(e) PAYMENT OF EXPENSES OF REMOVAL.—
‘‘(1) COSTS OF REMOVAL AT TIME OF ARRIV-
AL.—In the case of an alien who is a stowaway or
who is ordered removed either without a hearing
under section 235(a)(1) or 235(c) or pursuant to
proceedings under section 240 initiated at the time
of such alien’s arrival, the owner of the vessel or air-
craft (if any) on which the alien arrived in the Unit-
ed States shall pay the transportation cost of remov-
ing the alien. If removal is on a vessel or aircraft not
owned by the owner of the vessel or aircraft on
which the alien arrived in the United States, the At-
torney General may—
Title III, Subtitle A
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‘‘(A) pay the cost from the appropriation
‘Immigration and Naturalization Service—Sala-
ries and Expenses’; and
‘‘(B) recover the amount of the cost in a
civil action from the owner, agent, or consignee
of the vessel or aircraft (if any) on which the
alien arrived in the United States.
‘‘(2) COSTS OF REMOVAL TO PORT OF REMOVAL
FOR ALIENS ADMITTED OR PERMITTED TO LAND.—
In the case of an alien who has been admitted or
permitted to land and is ordered removed, the cost
(if any) of removal of the alien to the port of re-
moval shall be at the expense of the appropriation
for the enforcement of this Act.
‘‘(3) COSTS OF REMOVAL FROM PORT OF RE-
MOVAL FOR ALIENS ADMITTED OR PERMITTED TO
LAND.—
‘‘(A) THROUGH
APPROPRIATION.—Except
as provided in subparagraph (B), in the case of
an alien who has been admitted or permitted to
land and is ordered removed, the cost (if any)
of removal of the alien from the port of removal
shall be at the expense of the appropriation for
the enforcement of this Act.
‘‘(B) THROUGH OWNER.—
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‘‘(i) IN GENERAL.—In the case of an
alien described in clause (ii), the cost of re-
moval of the alien from the port of removal
may be charged to any owner of the vessel,
aircraft, or other transportation line by
which the alien came to the United States.
‘‘(ii) ALIENS
DESCRIBED.—An alien
described in this clause is an alien who—
‘‘(I) is admitted to the United
States (other than lawfully admitted
for permanent residence) and is or-
dered removed within 5 years of the
date of admission based on a ground
that existed before or at the time of
admission, or
‘‘(II) is an alien crewman per-
mitted to land temporarily under sec-
tion 252 and is ordered removed with-
in 5 years of the date of landing.
‘‘(C) COSTS
OF
REMOVAL
OF
CERTAIN
ALIENS GRANTED VOLUNTARY DEPARTURE.—In
the case of an alien who has been granted vol-
untary departure under section 240B and who
is financially unable to depart at the alien’s own
expense and whose removal the Attorney Gen-
100
Title III, Subtitle A
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eral deems to be in the best interest of the
United States, the expense of such removal may
be paid from the appropriation for the enforce-
ment of this Act.
‘‘(f) ALIENS REQUIRING PERSONAL CARE DURING
REMOVAL.—
‘‘(1) IN GENERAL.—If the Attorney General be-
lieves that an alien being removed requires personal
care because of the alien’s mental or physical condi-
tion, the Attorney General may employ a suitable
person for that purpose who shall accompany and
care for the alien until the alien arrives at the final
destination.
‘‘(2) COSTS.—The costs of providing the service
described in paragraph (1) shall be defrayed in the
same manner as the expense of removing the accom-
panied alien is defrayed under this section.
‘‘(g) PLACES OF DETENTION.—The Attorney Gen-
eral shall arrange for appropriate places of detention for
aliens detained pending removal or a decision on removal.
When United States Government facilities are unavailable
or facilities adapted or suitably located for detention are
unavailable for rental, the Attorney General may expend
from the appropriation ‘Immigration and Naturalization
Service—Salaries and Expenses’, without regard to sec-
101
Title III, Subtitle A
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tion 3709 of the Revised Statutes (41 U.S.C. 5), amounts
necessary to acquire land and to acquire, build, remodel,
repair, and operate facilities (including living quarters for
immigration officers if not otherwise available) necessary
for detention.’’.
(b) MODIFICATION OF AUTHORITY.—
(1) Section 241(h), as redesignated by section
306(a)(1) of this Act, is amended—
(A) in paragraph (3)(A), by inserting ‘‘or
two or more misdemeanors’’ after ‘‘a felony’’,
and
(B) by adding at the end the following new
paragraph:
‘‘(6) In this subsection, the term ‘incarceration’
includes imprisonment in a State or local prison or
jail the time of which is counted towards completion
of a sentence.’’.
(2) The amendments made by paragraph (1)
shall apply beginning with fiscal year 1996.
SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SEC-
TION 242).
(a) IN GENERAL.—Section 242 (8 U.S.C. 1252) is
amended—
(1) by redesignating subsection (j) as sub-
section (h) and by moving such subsection and add-
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Title III, Subtitle A
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ing it at the end of section 241, as amended by sec-
tion 305(a)(3); and
(2) by amending the remainder of section 242
to read as follows:
‘‘JUDICIAL REVIEW OF ORDERS OF REMOVAL
‘‘SEC. 242. (a) APPLICABLE PROVISIONS.—
‘‘(1) GENERAL ORDERS OF REMOVAL.—Judicial
review of a final order of removal (other than an
order of removal without a hearing pursuant to sec-
tion 235(b)(1)) is governed only by chapter 158 of
title 28 of the United States Code, except as pro-
vided in subsection (b) and except that the court
may not order the taking of additional evidence
under section 2347(c) of such title.
‘‘(2) LIMITATIONS
ON
REVIEW
RELATING
TO
SECTION 235(b)(1).—Notwithstanding any other pro-
vision of law, no court shall have jurisdiction to re-
view—
‘‘(A) except as provided in subsection (f),
any individual determination or to entertain any
other cause or claim arising from or relating to
the implementation or operation of an order of
removal pursuant to section 235(b)(1),
‘‘(B) a decision by the Attorney General to
invoke the provisions of such section,
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Title III, Subtitle A
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‘‘(C) the application of such section to in-
dividual aliens, including the determination
made under section 235(b)(1)(B), or
‘‘(D) procedures and policies adopted by
the Attorney General to implement the provi-
sions of section 235(b)(1).
‘‘(3) TREATMENT OF CERTAIN DECISIONS.—No
alien shall have a right to appeal from a decision of
an immigration judge which is based solely on a cer-
tification described in section 240(c)(1)(B).
‘‘(b) REQUIREMENTS FOR ORDERS OF REMOVAL.—
With respect to review of an order of removal under sub-
section (a)(1), the following requirements apply:
‘‘(1) DEADLINE.—The petition for review must
be filed not later than 30 days after the date of the
final order of removal.
‘‘(2) VENUE AND FORMS.—The petition for re-
view shall be filed with the court of appeals for the
judicial circuit in which the immigration judge com-
pleted the proceedings. The record and briefs do not
have to be printed. The court of appeals shall review
the proceeding on a typewritten record and on type-
written briefs.
‘‘(3) SERVICE.—
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‘‘(A) IN GENERAL.—The respondent is the
Attorney General. The petition shall be served
on the Attorney General and on the officer or
employee of the Service in charge of the Service
district in which the initial proceedings under
section 240 were conducted.
‘‘(B) STAY OF ORDER.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), service of the petition
on the officer or employee stays the re-
moval of an alien pending the court’s deci-
sion on the petition, unless the court or-
ders otherwise.
‘‘(ii) EXCEPTION.—If the alien has
been convicted of an aggravated felony, or
the alien has been ordered removed pursu-
ant to a finding that the alien is inadmis-
sible under section 212, service of the peti-
tion does not stay the removal unless the
court orders otherwise.
‘‘(4) DECISION.—Except as provided in para-
graph (5)(B)—
‘‘(A) the court of appeals shall decide the
petition only on the administrative record on
which the order of removal is based,
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‘‘(B) the administrative findings of fact are
conclusive if supported by reasonable, substan-
tial, and probative evidence on the record con-
sidered as a whole, and
‘‘(C) a decision that an alien is not eligible
for admission to the United States is conclusive
unless manifestly contrary to law.
‘‘(5) TREATMENT OF NATIONALITY CLAIMS.—
‘‘(A) COURT DETERMINATION IF NO ISSUE
OF FACT.—If the petitioner claims to be a na-
tional of the United States and the court of ap-
peals finds from the pleadings and affidavits
that no genuine issue of material fact about the
petitioner’s nationality is presented, the court
shall decide the nationality claim.
‘‘(B) TRANSFER
IF
ISSUE
OF
FACT.—If
the petitioner claims to be a national of the
United States and the court of appeals finds
that a genuine issue of material fact about the
petitioner’s nationality is presented, the court
shall transfer the proceeding to the district
court of the United States for the judicial dis-
trict in which the petitioner resides for a new
hearing on the nationality claim and a decision
on that claim as if an action had been brought