ordination with the originating agency, elect to in-
troduce such evidence in open session.
‘‘(2) TREATMENT
OF
ELECTRONIC
SURVEIL-
LANCE INFORMATION.—
‘‘(A) USE
OF
ELECTRONIC
SURVEIL-
LANCE.—The Government is authorized to use
in a special removal proceeding the fruits of
electronic surveillance and unconsented physical
searches authorized under the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C.
1801 et seq.) without regard to subsections (c),
(e), (f), (g), and (h) of section 106 of that Act.
‘‘(B) NO DISCOVERY OF ELECTRONIC SUR-
VEILLANCE INFORMATION.—An alien subject to
removal under this title shall have no right of
discovery of information derived from electronic
surveillance authorized under the Foreign Intel-
ligence Surveillance Act of 1978 or otherwise
for national security purposes. Nor shall such
alien have the right to seek suppression of evi-
dence.
‘‘(C) CERTAIN PROCEDURES NOT APPLICA-
BLE.—The provisions and requirements of sec-
tion 3504 of title 18, United States Code, shall
not apply to procedures under this title.
‘‘(3) RIGHTS OF UNITED STATES.—Nothing in
this section shall prevent the United States from
seeking protective orders and from asserting privi-
leges ordinarily available to the United States to
protect against the disclosure of classified informa-
tion, including the invocation of the military and
state secrets privileges.
‘‘(f) INCLUSION OF CERTAIN EVIDENCE.—The Fed-
eral Rules of Evidence shall not apply to hearings under
this section. Evidence introduced at the special removal
hearing, either in open session or in camera and ex parte,
may, in the discretion of the Department of Justice, in-
clude all or part of the information presented under sec-
tion 504 used to obtain the order for the hearing under
this section.
‘‘(g) ARGUMENTS.—Following the receipt of evi-
dence, the attorneys for the Department of Justice and
for the alien shall be given fair opportunity to present ar-
gument as to whether the evidence is sufficient to justify
the removal of the alien. The attorney for the Department
of Justice shall open the argument. The attorney for the
alien shall be permitted to reply. The attorney for the De-
partment of Justice shall then be permitted to reply in
rebuttal. The judge may allow any part of the argument
that refers to evidence received in camera and ex parte
to be heard in camera and ex parte.
‘‘(h) BURDEN OF PROOF.—In the hearing the De-
partment of Justice has the burden of showing by clear
and convincing evidence that the alien is subject to re-
moval because the alien is an alien terrorist. If the judge
finds that the Department of Justice has met this burden,
the judge shall order the alien removed and detained pend-
ing removal from the United States. If the alien was re-
leased pending the special removal hearing, the judge shall
order the Attorney General to take the alien into custody.
‘‘(i) WRITTEN ORDER.—At the time of rendering a
decision as to whether the alien shall be removed, the
judge shall prepare a written order containing a statement
of facts found and conclusions of law. Any portion of the
order that would reveal the substance or source of infor-
mation received in camera and ex parte pursuant to sub-
section (e) shall not be made available to the alien or the
public.
‘‘CONSIDERATION OF CLASSIFIED INFORMATION
‘‘SEC. 506. (a) CONSIDERATION IN CAMERA AND EX
PARTE.—In any case in which the application for the
order authorizing the special procedures of this title is ap-
proved, the judge who granted the order shall consider
each item of classified information the Department of Jus-
tice proposes to introduce in camera and ex parte at the
special removal hearing and shall order the introduction
of such information pursuant to section 505(e) if the judge
determines the information to be relevant.
‘‘(b) PREPARATION
AND PROVISION
OF WRITTEN
SUMMARY.—
‘‘(1) PREPARATION.—The Department of Jus-
tice shall prepare a written summary of such classi-
fied information which does not pose a risk to na-
tional security.
‘‘(2) CONDITIONS
FOR
APPROVAL
BY
JUDGE
AND PROVISION TO ALIEN.—The judge shall approve
the summary so long as the judge finds that the
summary is sufficient—
‘‘(A) to inform the alien of the general na-
ture of the evidence that the alien is an alien
terrorist, and
‘‘(B) to permit the alien to prepare a de-
fense against deportation.
The Department of Justice shall cause to be deliv-
ered to the alien a copy of the summary.
‘‘(3) OPPORTUNITY
FOR
CORRECTION
AND
RESUBMITTAL.—If the judge does not approve the
summary, the judge shall provide the Department a
reasonable opportunity to correct the deficiencies
identified by the court and to submit a revised sum-
mary.
‘‘(4) CONDITIONS FOR TERMINATION OF PRO-
CEEDINGS IF SUMMARY NOT APPROVED.—
‘‘(A) IN GENERAL.—If, subsequent to the
opportunity described in paragraph (3), the
judge does not approve the summary, the judge
shall terminate the special removal hearing un-
less the judge makes the findings described in
subparagraph (B).
‘‘(B) FINDINGS.—The findings described
in this subparagraph are, with respect to an
alien, that—
‘‘(i) the continued presence of the
alien in the United States, and
‘‘(ii) the provision of the required
summary,
would likely cause serious and irreparable harm
to the national security or death or serious bod-
ily injury to any person.
‘‘(5) CONTINUATION
OF
HEARING
WITHOUT
SUMMARY.—If a judge makes the findings described
in paragraph (4)(B)—
‘‘(A) if the alien involved is an alien law-
fully admitted for permanent residence, the pro-
cedures described in subsection (c) shall apply;
and
‘‘(B) in all cases the special removal hear-
ing shall continue, the Department of Justice
shall cause to be delivered to the alien a state-
ment that no summary is possible, and the clas-
sified information submitted in camera and ex
parte may be used pursuant to section 505(e).
‘‘(c) SPECIAL PROCEDURES FOR ACCESS AND CHAL-
LENGES TO CLASSIFIED INFORMATION BY SPECIAL AT-
TORNEYS IN CASE OF LAWFUL PERMANENT ALIENS.—
‘‘(1) IN GENERAL.—The procedures described
in this subsection are that the judge (under rules of
the special removal court) shall designate a special
attorney (as defined in section 501(4)), (and the
alien facing deportation under these procedures, may
choose which special attorney shall be so designated,
if the alien makes that choice not later than 45 days
after the date on which the alien receives notice that
the Government intends to use such procedures) to
assist the alien and the court—
‘‘(A) by reviewing in camera the classified
information on behalf of the alien, and
‘‘(B) by challenging through an in camera
proceeding the veracity of the evidence con-
tained in the classified information.
‘‘(2) RESTRICTIONS ON DISCLOSURE.—A spe-
cial attorney receiving classified information under
paragraph (1)—
‘‘(A) shall not disclosure the information to
the alien or to any other attorney representing
the alien, and
‘‘(B) who discloses such information in vio-
lation of subparagraph (A) shall be subject to
a fine under title 18, United States Code, and
imprisoned for not less than 10 years nor more
than 25 years.
‘‘APPEALS
‘‘SEC. 507. (a) APPEALS OF DENIALS OF APPLICA-
TIONS FOR ORDERS.—The Department of Justice may
seek a review of the denial of an order sought in an appli-
cation by the United States Court of Appeals for the Dis-
trict of Columbia Circuit by notice of appeal which must
be filed within 20 days after the date of such denial. In
such a case the entire record of the proceeding shall be
transmitted to the Court of Appeals under seal and the
Court of Appeals shall hear the matter ex parte. In such
a case the Court of Appeals shall review questions of law
de novo, but a prior finding on any question of fact shall
not be set aside unless such finding was clearly erroneous.
‘‘(b) APPEALS OF DETERMINATIONS ABOUT SUM-
MARIES
OF CLASSIFIED INFORMATION.—Either party
may take an interlocutory appeal to the United States
Court of Appeals for the District of Columbia Circuit of—
‘‘(1) any determination by the judge pursuant
to section 506(a)—
‘‘(A) concerning whether an item of evi-
dence may be introduced in camera and ex
parte, or
‘‘(B) concerning the contents of any sum-
mary of evidence to be introduced in camera
and ex parte prepared pursuant to section
506(b); or
‘‘(2) the refusal of the court to make the find-
ings permitted by section 506(b)(4)(B).
In any interlocutory appeal taken pursuant to this sub-
section, the entire record, including any proposed order
of the judge or summary of evidence, shall be transmitted
to the Court of Appeals under seal and the matter shall
be heard ex parte.
‘‘(c) APPEALS OF DECISION IN HEARING.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
the decision of the judge after a special removal
hearing may be appealed by either the alien or the
Department of Justice to the United States Court of
Appeals for the District of Columbia Circuit by no-
tice of appeal.
‘‘(2) AUTOMATIC APPEALS IN CASES OF PERMA-
NENT
RESIDENT
ALIENS
IN
WHICH
NO
SUMMARY
PROVIDED.—
‘‘(A) IN
GENERAL.—Unless the alien
waives the right to a review under this para-
graph, in any case involving an alien lawfully
admitted for permanent residence who is denied
a written summary of classified information
under section 506(b)(4) and with respect to
which the procedures described in section
506(c) apply, any order issued by the judge
shall be reviewed by the Court of Appeals for
the District of Columbia Circuit.
‘‘(B) USE OF SPECIAL ATTORNEY.—With
respect to any issue relating to classified infor-
mation that arises in such review, the alien
shall be represented only by the special attorney
designated under section 506(c)(1) on behalf of
the alien.
‘‘(d) GENERAL
PROVISIONS
RELATING
TO
AP-
PEALS.—
‘‘(1) NOTICE.—A notice of appeal pursuant to
subsection (b) or (c) (other than under subsection
(c)(2)) must be filed within 20 days after the date
of the order with respect to which the appeal is
sought, during which time the order shall not be exe-
cuted.
‘‘(2) TRANSMITTAL OF RECORD.—In an appeal
or review to the Court of Appeals pursuant to sub-
section (b) or (c)—
‘‘(A) the entire record shall be transmitted
to the Court of Appeals, and
‘‘(B) information received pursuant to sec-
tion 505(e), and any portion of the judge’s
order that would reveal the substance or source
of such information, shall be transmitted under
seal.
‘‘(3) EXPEDITED APPELLATE PROCEEDING.—In
an appeal or review to the Court of Appeals pursu-
ant to subsection (b) or (c):
‘‘(A) REVIEW.—The appeal or review shall
be heard as expeditiously as practicable and the
Court may dispense with full briefing and hear
the matter solely on the record of the judge of
the special removal court and on such briefs or
motions as the Court may require to be filed by
the parties.
‘‘(B) DISPOSITION.—The Court shall up-
hold or reverse the judge’s order within 60 days
after the date of the issuance of the judge’s
final order.
‘‘(4) STANDARD FOR REVIEW.—In an appeal or
review to the Court of Appeals pursuant to sub-
section (b) or (c):
‘‘(A) QUESTIONS OF LAW.—The Court of
Appeals shall review all questions of law de
novo.
‘‘(B) QUESTIONS OF FACT.—(i) Subject to
clause (ii), a prior finding on any question of
fact shall not be set aside unless such finding
was clearly erroneous.
‘‘(ii) In the case of a review under sub-
section (c)(2) in which an alien lawfully admit-
ted for permanent residence was denied a writ-
ten summary of classified information under
section 506(b)(4), the Court of Appeals shall
review questions of fact de novo.
‘‘(e) CERTIORARI.—Following a decision by the Court
of Appeals pursuant to subsection (b) or (c), either the
alien or the Department of Justice may petition the Su-
preme Court for a writ of certiorari. In any such case,
any information transmitted to the Court of Appeals
under seal shall, if such information is also submitted to
the Supreme Court, be transmitted under seal. Any order
of removal shall not be stayed pending disposition of a
writ of certiorari except as provided by the Court of Ap-
peals or a Justice of the Supreme Court.
‘‘(f) APPEALS OF DETENTION ORDERS.—
‘‘(1) IN GENERAL.— The provisions of sections
3145 through 3148 of title 18, United States Code,
pertaining to review and appeal of a release or de-
tention order, penalties for failure to appear, pen-
alties for an offense committed while on release, and
sanctions for violation of a release condition shall
apply to an alien to whom section 508(b)(1) applies.
In applying the previous sentence—
‘‘(A) for purposes of section 3145 of such
title an appeal shall be taken to the United
States Court of Appeals for the District of Co-
lumbia Circuit, and
‘‘(B) for purposes of section 3146 of such
title the alien shall be considered released in
connection with a charge of an offense punish-
able by life imprisonment.
‘‘(2) NO REVIEW OF CONTINUED DETENTION.—
The determinations and actions of the Attorney
General pursuant to section 508(c)(2)(C) shall not
be subject to judicial review, including application
for a writ of habeas corpus, except for a claim by
the alien that continued detention violates the alien’s
rights under the Constitution. Jurisdiction over any
such challenge shall lie exclusively in the United
States Court of Appeals for the District of Columbia
Circuit.
‘‘DETENTION AND CUSTODY
‘‘SEC. 508. (a) INITIAL CUSTODY.—
‘‘(1) UPON FILING APPLICATION.—Subject to
paragraphs (2) and (3), the Attorney General may
take into custody any alien with respect to whom an
application under section 503 has been filed and,
notwithstanding any other provision of law, may re-
tain such an alien in custody in accordance with the
procedures authorized by this title.
‘‘(2) SPECIAL
RULES
FOR
PERMANENT
RESI-
DENT ALIENS.—An alien lawfully admitted for per-
manent residence shall be entitled to a release hear-
ing before the judge assigned to hear the special re-
moval hearing. Such an alien shall be detained pend-
ing the special removal hearing, unless the alien
demonstrates to the court that—
‘‘(A) the alien, if released upon such terms
and conditions as the court may prescribe (in-
cluding the posting of any monetary amount),
is not likely to flee, and
‘‘(B) the alien’s release will not endanger
national security or the safety of any person or
the community.
The judge may consider classified information sub-
mitted in camera and ex parte in making a deter-
mination under this paragraph.
‘‘(3) RELEASE IF ORDER DENIED AND NO RE-
VIEW SOUGHT.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), if a judge of the special removal
court denies the order sought in an application
with respect to an alien and the Department of
Justice does not seek review of such denial, the
alien shall be released from custody.
‘‘(B) APPLICATION
OF
REGULAR
PROCE-
DURES.—Subparagraph (A) shall not prevent
the arrest and detention of the alien pursuant
to title II.
‘‘(b) CONDITIONAL RELEASE IF ORDER DENIED AND
REVIEW SOUGHT.—
‘‘(1) IN GENERAL.—If a judge of the special re-
moval court denies the order sought in an applica-
tion with respect to an alien and the Department of
Justice seeks review of such denial, the judge shall
release the alien from custody subject to the least re-
strictive condition or combination of conditions of re-
lease described in section 3142(b) and clauses (i)
through (xiv) of section 3142(c)(1)(B) of title 18,
United States Code, that will reasonably assure the
appearance of the alien at any future proceeding
pursuant to this title and will not endanger the safe-
ty of any other person or the community.
‘‘(2) NO RELEASE FOR CERTAIN ALIENS.—If
the judge finds no such condition or combination of
conditions, the alien shall remain in custody until
the completion of any appeal authorized by this title.
‘‘(c) CUSTODY AND RELEASE AFTER HEARING.—
‘‘(1) RELEASE.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), if the judge decides pursuant to sec-
tion 505(i) that an alien should not be removed,
the alien shall be released from custody.
‘‘(B) CUSTODY PENDING APPEAL.—If the
Attorney General takes an appeal from such de-
cision, the alien shall remain in custody, subject
to the provisions of section 3142 of title 18,
United States Code.
‘‘(2) CUSTODY AND REMOVAL.—
‘‘(A) CUSTODY.—If the judge decides pur-
suant to section 505(i) that an alien shall be re-
moved, the alien shall be detained pending the
outcome of any appeal. After the conclusion of
any judicial review thereof which affirms the re-
moval order, the Attorney General shall retain
the alien in custody and remove the alien to a
country specified under subparagraph (B).
‘‘(B) REMOVAL.—
‘‘(i) IN GENERAL.—The removal of an
alien shall be to any country which the
alien shall designate if such designation
does not, in the judgment of the Attorney
General, in consultation with the Secretary
of State, impair the obligation of the
United States under any treaty (including
a treaty pertaining to extradition) or other-
wise adversely affect the foreign policy of
the United States.
‘‘(ii) ALTERNATE COUNTRIES.—If the
alien refuses to designate a country to
which the alien wishes to be removed or if
the Attorney General, in consultation with
the Secretary of State, determines that re-
moval of the alien to the country so des-
ignated would impair a treaty obligation or
adversely affect United States foreign pol-
icy, the Attorney General shall cause the
alien to be removed to any country willing
to receive such alien.
‘‘(C) 
CONTINUED
DETENTION.—If 
no
country is willing to receive such an alien, the
Attorney General may, notwithstanding any
other provision of law, retain the alien in cus-
tody. The Attorney General, in coordination
with the Secretary of State, shall make periodic
efforts to reach agreement with other countries
to accept such an alien and at least every 6
months shall provide to the attorney represent-
ing the alien at the special removal hearing a
written report on the Attorney General’s ef-
forts. Any alien in custody pursuant to this
subparagraph shall be released from custody
solely at the discretion of the Attorney General
and subject to such conditions as the Attorney
General shall deem appropriate.
‘‘(D) FINGERPRINTING.—Before an alien
is transported out of the United States pursu-
ant to this subsection, or pursuant to an order
of exclusion because such alien is excludable
under section 212(a)(3)(B), the alien shall be
photographed and fingerprinted, and shall be
advised of the provisions of section 276(b).
‘‘(d) CONTINUED DETENTION PENDING TRIAL.—
‘‘(1) DELAY
IN
REMOVAL.—Notwithstanding
the provisions of subsection (c)(2), the Attorney
General may hold in abeyance the removal of an
alien who has been ordered removed pursuant to this
title to allow the trial of such alien on any Federal
or State criminal charge and the service of any sen-
tence of confinement resulting from such a trial.
‘‘(2) MAINTENANCE OF CUSTODY.—Pending the
commencement of any service of a sentence of con-
finement by an alien described in paragraph (1),
such an alien shall remain in the custody of the At-
torney General, unless the Attorney General deter-
mines that temporary release of the alien to the cus-
tody of State authorities for confinement in a State
facility is appropriate and would not endanger na-
tional security or public safety.
‘‘(3) SUBSEQUENT
REMOVAL.—Following the
completion of a sentence of confinement by an alien
described in paragraph (1) or following the comple-
tion of State criminal proceedings which do not re-
sult in a sentence of confinement of an alien released
to the custody of State authorities pursuant to para-
graph (2), such an alien shall be returned to the
custody of the Attorney General who shall proceed
to carry out the provisions of subsection (c)(2) con-
cerning removal of the alien.
‘‘(e) APPLICATION OF CERTAIN PROVISIONS RELAT-
ING TO ESCAPE OF PRISONERS.—For purposes of sections
751 and 752 of title 18, United States Code, an alien in
the custody of the Attorney General pursuant to this title
shall be subject to the penalties provided by those sections
in relation to a person committed to the custody of the
Attorney General by virtue of an arrest on a charge of
a felony.
‘‘(f) RIGHTS OF ALIENS IN CUSTODY.—
‘‘(1) FAMILY AND ATTORNEY VISITS.—An alien
in the custody of the Attorney General pursuant to
this title shall be given reasonable opportunity to
communicate with and receive visits from members
of the alien’s family, and to contact, retain, and
communicate with an attorney.
‘‘(2) DIPLOMATIC CONTACT.—An alien in the
custody of the Attorney General pursuant to this
title shall have the right to contact an appropriate
diplomatic or consular official of the alien’s country
of citizenship or nationality or of any country pro-
viding representation services therefore. The Attor-
ney General shall notify the appropriate embassy,
mission, or consular office of the alien’s detention.’’.
(b) JURISDICTION OVER EXCLUSION ORDERS FOR
ALIEN TERRORISTS.—Section 106(b) of the Immigration
and Nationality Act (8 U.S.C. 1105a(b)) is amended by
adding at the end the following sentence: ‘‘Jurisdiction to
review an order entered pursuant to the provisions of sec-
tion 235(c) concerning an alien excludable under section
212(a)(3)(B) shall rest exclusively in the United States
Court of Appeals for the District of Columbia Circuit.’’.
(c) CRIMINAL PENALTY FOR REENTRY OF ALIEN
TERRORISTS.—Section 276(b) of such Act (8 U.S.C.
1326(b)) is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(1),
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; or’’, and
(3) by inserting after paragraph (2) the follow-
ing new paragraph:
‘‘(3) who has been excluded from the United
States pursuant to section 235(c) because the alien
was excludable under section 212(a)(3)(B) or who
has been removed from the United States pursuant
to the provisions of title V, and who thereafter, with-
out the permission of the Attorney General, enters
the United States or attempts to do so shall be fined
under title 18, United States Code, and imprisoned
for a period of 10 years, which sentence shall not
run concurrently with any other sentence.’’.
(d) ELIMINATION OF CUSTODY REVIEW BY HABEAS
CORPUS.—Section 106(a) of such Act (8 U.S.C.
1105a(a)) is amended—
(1) by adding ‘‘and’’ at the end of paragraph
(8),
(2) by striking ‘‘; and’’ at the end of paragraph
(9) and inserting a period, and
(3) by striking paragraph (10).
(e) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act and shall apply to all aliens without regard
to the date of entry or attempted entry into the United
States.
SEC. 602. FUNDING FOR DETENTION AND REMOVAL OF
ALIEN TERRORISTS.
In addition to amounts otherwise appropriated, there
are authorized to be appropriated for each fiscal year (be-
ginning with fiscal year 1996) $5,000,000 to the Immigra-
tion and Naturalization Service for the purpose of detain-
ing and removing alien terrorists.
PART 2—EXCLUSION AND DENIAL OF ASYLUM
FOR ALIEN TERRORISTS
SEC. 611. MEMBERSHIP IN TERRORIST ORGANIZATION AS
GROUND FOR EXCLUSION.
(a) IN GENERAL.—Section 212(a)(3)(B) of the Im-
migration and Nationality Act (8 U.S.C. 1182(a)(3)(B))
is amended—
(1) in clause (i)—
(A) by striking ‘‘or’’ at the end of
subclause (I),
(B) in subclause (II), by inserting ‘‘en-
gaged in or’’ after ‘‘believe,’’, and
(C) by inserting after subclause (II) the
following:
‘‘(III) is a representative of a ter-
rorist organization, or
‘‘(IV) is a member of a terrorist
organization which the alien knows or
should have known is a terrorist orga-
nization,’’; and
(2) by adding at the end the following:
‘‘(iv) TERRORIST ORGANIZATION DE-
FINED.—
‘‘(I) DESIGNATION.—For pur-
poses of this Act, the term ‘terrorist
organization’ means a foreign organi-
zation designated in the Federal Reg-
ister as a terrorist organization by the
Secretary of State, in consultation
with the Attorney General, based
upon a finding that the organization
engages in, or has engaged in, terror-
ist activity that threatens the national
security of the United States.
‘‘(II) PROCESS.—At least 3 days
before designating an organization as
a terrorist organization through publi-
cation in the Federal Register, the
Secretary of State, in consultation
with the Attorney General, shall notify
the Committees on the Judiciary of
the House of Representatives and the
Senate of the intent to make such
designation and the findings and basis
for designation. The Secretary of
State, in consultation with the Attor-
ney General, shall create an adminis-
trative record and may use classified
information in making such a designa-
tion. Such information is not subject
to disclosure so long as it remains
classified, except that it may be dis-
closed to a court ex parte and in cam-
era under subclause (III) for purposes
of judicial review of such a designa-
tion. The Secretary of State, in con-
sultation with the Attorney General,
shall provide notice and an oppor-
tunity for public comment prior to the
creation of the administrative record
under this subclause.
‘‘(III) JUDICIAL
REVIEW.—Any
organization designated as a terrorist
organization under the preceding pro-
visions of this clause may, not later
than 30 days after the date of the
designation, seek judicial review there-
of in the United States Court of Ap-
peals for the District of Columbia Cir-
cuit. Such review shall be based solely
upon the administrative record, except
that the Government may submit, for
ex parte and in camera review, classi-
fied information considered in making
the designation. The court shall hold
unlawful and set aside the designation
if the court finds the designation to be
arbitrary, capricious, an abuse of dis-
cretion, or otherwise not in accord-
ance with law, lacking substantial
support in the administrative record
taken as a whole or in classified infor-
mation submitted to the court under
the previous sentence, contrary to
constitutional right, power, privilege,
or immunity, or not in accord with the
procedures required by law.
‘‘(IV) CONGRESSIONAL AUTHOR-
ITY TO REMOVE DESIGNATION.—The
Congress reserves the authority to re-
move, by law, the designation of an
organization as a terrorist organiza-
tion for purposes of this Act.
‘‘(V) 
SUNSET.—Subject 
to
subclause (IV), the designation under
this clause of an organization as a
terrorist organization shall be effective
for a period of 2 years from the date
of the initial publication of the terror-
ist organization designation by the
Secretary of State. At the end of such
period (but no sooner than 60 days
prior to the termination of the 2-year-
designation period), the Secretary of
State, in consultation with the Attor-
ney General, may redesignate the or-
ganization in conformity with the re-
quirements of this clause for designa-
tion of the organization.
‘‘(VI) OTHER AUTHORITY TO RE-
MOVE
DESIGNATION.—The Secretary
of State, in consultation with the At-
torney General, may remove the ter-
rorist organization designation from
any organization previously designated
as such an organization, at any time,
so long as the Secretary publishes no-
tice of the removal in the Federal
100
Register. The Secretary is not re-
quired to report to Congress prior to
so removing such designation.
‘‘(v) REPRESENTATIVE DEFINED.—In
this subparagraph, the term ‘representa-
tive’ includes an officer, official, or spokes-
man of the organization and any person
who directs, counsels, commands or in-
duces the organization or its members to
engage in terrorist activity. The determina-
tion by the Secretary of State or the Attor-
ney General that an alien is a representa-
tive of a terrorist organization shall be
subject to judicial review.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
SEC. 612. DENIAL OF ASYLUM TO ALIEN TERRORISTS.
(a) IN GENERAL.—Section 208(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1158(a)) is amended
by adding at the end the following: ‘‘The Attorney General
may not grant an alien asylum if the Attorney General
determines that the alien is excludable under subclause
(I), (II), or (III) of section 212(a)(3)(B)(i) or deportable
under section 241(a)(4)(B).’’.
101
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act and apply to asylum determinations made
on or after such date.
SEC. 613. DENIAL OF OTHER RELIEF FOR ALIEN TERROR-
ISTS.
(a) 
WITHHOLDING
OF
DEPORTATION.—Section
243(h)(2) of the Immigration and Nationality Act (8
U.S.C. 1253(h)(2)) is amended by adding at the end the
following new sentence: ‘‘For purposes of subparagraph
(D), an alien who is described in section 241(a)(4)(B)
shall be considered to be an alien for whom there are rea-
sonable grounds for regarding as a danger to the security
of the United States.’’.
(b) SUSPENSION OF DEPORTATION.—Section 244(a)
of such Act (8 U.S.C. 1254(a)) is amended by striking
‘‘section 241(a)(4)(D)’’ and inserting ‘‘subparagraph (B)
or (D) of section 241(a)(4)’’.
(c) VOLUNTARY DEPARTURE.—Section 244(e)(2) of
such Act (8 U.S.C. 1254(e)(2)) is amended by inserting
‘‘under section 241(a)(4)(B) or’’ after ‘‘who is deport-
able’’.
(d) ADJUSTMENT
OF STATUS.—Section 245(c) of
such Act (8 U.S.C. 1255(c)) is amended—
(1) by striking ‘‘or’’ before ‘‘(5)’’, and
102
(2) by inserting before the period at the end the
following: ‘‘, or (6) an alien who is deportable under
section 241(a)(4)(B)’’.
(e) REGISTRY.—Section 249(d) of such Act (8 U.S.C.
1259(d)) is amended by inserting ‘‘and is not deportable
under section 241(a)(4)(B)’’ after ‘‘ineligible to citizen-
ship’’.
(f) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act and shall apply to applications filed before, on,
or after such date if final action has not been taken on
them before such date.
Subtitle B—Expedited Exclusion
SEC. 621. INSPECTION AND EXCLUSION BY IMMIGRATION
OFFICERS.
(a) IN GENERAL.—Subsection (b) of section 235 of
the Immigration and Nationality Act (8 U.S.C. 1225) is
amended to read as follows:
‘‘(b)(1)(A) If the examining immigration officer de-
termines that an alien seeking entry—
‘‘(i) is excludable under section 212(a)(6)(C) or
212(a)(7), and
‘‘(ii) does not indicate either an intention to
apply for asylum under section 208 or a fear of per-
secution,
103
the officer shall order the alien excluded from the United
States without further hearing or review.
‘‘(B) The examining immigration officer shall refer
for an interview by an asylum officer under subparagraph
(C) any alien who is excludable under section 212(a)(6)(C)
or 212(a)(7) and has indicated an intention to apply for
asylum under section 208 or a fear of persecution.
‘‘(C)(i) An asylum officer shall promptly conduct
interviews of aliens referred under subparagraph (B).
‘‘(ii) If the officer determines at the time of the inter-
view that an alien has a credible fear of persecution (as
defined in clause (v)), the alien shall be detained for an
asylum hearing before an asylum officer under section
208.
‘‘(iii)(I) Subject to subclause (II), if the officer deter-
mines that the alien does not have a credible fear of perse-
cution, the officer shall order the alien excluded from the
United States without further hearing or review.
‘‘(II) The Attorney General shall promulgate regula-
tions to provide for the immediate review by a supervisory
asylum office at the port of entry of a determination under
subclause (I).
‘‘(iv) The Attorney General shall provide information
concerning the asylum interview described in this subpara-
graph to aliens who may be eligible. An alien who is eligi-
104
ble for such interview may consult with a person or per-
sons of the alien’s choosing prior to the interview or any
review thereof, 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) For purposes of this subparagraph, the term
‘credible fear of persecution’ means (I) that it is more
probable than not that the statements made by the alien
in support of 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 officer, that the
alien could establish eligibility for asylum under section
208.
‘‘(D) As used in this paragraph, the term ‘asylum of-
ficer’ means an immigration officer who—
‘‘(i) has had professional training in country
conditions, asylum law, and interview techniques;
and
‘‘(ii) is supervised by an officer who meets the
condition in clause (i).
‘‘(E)(i) An exclusion order entered in accordance with
subparagraph (A) is not subject to administrative appeal,
except that the Attorney General shall provide by regula-
tion for prompt review of such an order against an alien
who claims under oath, or as permitted under penalty of
105
perjury under section 1746 of title 28, United States
Code, after having been warned of the penalties for falsely
making such claim under such conditions, to have been
lawfully admitted for permanent residence.
‘‘(ii) In any action brought against an alien under
section 275(a) or section 276, the court shall not have ju-
risdiction to hear any claim attacking the validity of an
order of exclusion entered under subparagraph (A).
‘‘(2)(A) Except as provided in subparagraph (B), if
the examining immigration officer determines that an
alien seeking entry is not clearly and beyond a doubt enti-
tled to enter, the alien shall be detained for a hearing be-
fore a special inquiry officer.
‘‘(B) The provisions of subparagraph (A) shall not
apply—
‘‘(i) to an alien crewman,
‘‘(ii) to an alien described in paragraph (1)(A)
or (1)(C)(iii)(I), or
‘‘(iii) if the conditions described in section
273(d) exist.
‘‘(3) The decision of the examining immigration offi-
cer, if favorable to the admission of any alien, shall be
subject to challenge by any other immigration officer and
such challenge shall operate to take the alien whose privi-
106
lege to enter is so challenged, before a special inquiry offi-
cer for a hearing on exclusion of the alien.’’.
(b) CONFORMING AMENDMENT.—Section 237(a) of
such Act (8 U.S.C. 1227(a)) is amended—
(1) in the second sentence of paragraph (1), by
striking ‘‘Deportation’’ and inserting ‘‘Subject to
section 235(b)(1), deportation’’, and
(2) in the first sentence of paragraph (2), by
striking ‘‘If’’ and inserting ‘‘Subject to section
235(b)(1), if’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the first day of the first
month that begins more than 90 days after the date of
the enactment of this Act.
SEC. 622. JUDICIAL REVIEW.
(a) PRECLUSION
OF JUDICIAL REVIEW.—Section
106 of the Immigration and Nationality Act (8 U.S.C.
1105a) is amended—
(1) by amending the section heading to read as
follows:
‘‘JUDICIAL REVIEW OF ORDERS OF DEPORTATION AND
EXCLUSION, AND SPECIAL EXCLUSION’’; and
(2) by adding at the end the following new sub-
section:
‘‘(e)(1) Notwithstanding any other provision of law,
and except as provided in this subsection, no court shall
107
have jurisdiction to review any individual determination,
or to entertain any other cause or claim, arising from or
relating to the implementation or operation of section
235(b)(1). Regardless of the nature of the action or claim,
or the party or parties bringing the action, no court shall
have jurisdiction or authority to enter declaratory, injunc-
tive, or other equitable relief not specifically authorized in
this subsection nor to certify a class under Rule 23 of the
Federal Rules of Civil Procedure.
‘‘(2) Judicial review of any cause, claim, or individual
determination covered under paragraph (1) shall only be
available in habeas corpus proceedings, and shall be lim-
ited to determinations of—
‘‘(A) whether the petitioner is an alien, if the
petitioner makes a showing that the petitioner’s
claim of United States nationality is not frivolous;
‘‘(B) whether the petitioner was ordered spe-
cially excluded under section 235(b)(1)(A); and
‘‘(C) whether the petitioner can prove by a pre-
ponderance of the evidence that the petitioner is an
alien lawfully admitted for permanent residence and
is entitled to such review as is provided by the Attor-
ney General pursuant to section 235(b)(1)(E)(i).
‘‘(3) In any case where the court determines that an
alien was not ordered specially excluded, or was not prop-
108
erly subject to special exclusion under the regulations
adopted by the Attorney General, the court may order no
relief beyond requiring that the alien receive a hearing in
accordance with section 236, or a determination in accord-
ance with section 235(c) or 273(d).
‘‘(4) In determining whether an alien has been or-
dered specially excluded, the court’s inquiry shall be lim-
ited to whether such an order was in fact issued and
whether it relates to the petitioner.’’.
(b) PRECLUSION OF COLLATERAL ATTACKS.—Sec-
tion 235 of such Act (8 U.S.C. 1225) is amended by add-
ing at the end the following new subsection:
‘‘(d) In any action brought for the assessment of pen-
alties for improper entry or re-entry of an alien under sec-
tion 275 or section 276, no court shall have jurisdiction
to hear claims collaterally attacking the validity of orders
of exclusion, special exclusion, or deportation entered
under this section or sections 236 and 242.’’.
(c) CLERICAL AMENDMENT.—The item relating to
section 106 in the table of contents of such Act is amended
to read as follows:
‘‘Sec. 106. Judicial review of orders of deportation and exclusion, and special
exclusion.’’.
109
SEC. 623. EXCLUSION OF ALIENS WHO HAVE NOT BEEN IN-
SPECTED AND ADMITTED.
(a) IN GENERAL.—Section 241 of the Immigration
and Nationality Act (8 U.S.C. 1251) is amended by add-
ing at the end the following new subsection:
‘‘(d) Notwithstanding any other provision of this title,
an alien found in the United States who has not been ad-
mitted to the United States after inspection in accordance
with section 235 is deemed for purposes of this Act to
be seeking entry and admission to the United States and
shall be subject to examination and exclusion by the Attor-
ney General under chapter 4. In the case of such an alien
the Attorney General shall provide by regulation an oppor-
tunity for the alien to establish that the alien was so ad-
mitted.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the first day of the first
month beginning more than 90 days after the date of the
enactment of this Act.
110
Subtitle C—Improved Information
and Processing
PART 1—IMMIGRATION PROCEDURES
SEC. 631. ACCESS TO CERTAIN CONFIDENTIAL INS FILES
THROUGH COURT ORDER.
(a) LEGALIZATION PROGRAM.—Section 245A(c)(5)
of the Immigration and Nationality Act (8 U.S.C.
1255a(c)(5)) is amended—
(1) by inserting ‘‘(i)’’ after ‘‘except that the At-
torney General’’, and
(2) by inserting after ‘‘title 13, United States
Code’’ the following: ‘‘and (ii) may authorize an ap-
plication to a Federal court of competent jurisdiction
for, and a judge of such court may grant, an order
authorizing disclosure of information contained in
the application of the alien to be used—
‘‘(I) for identification of the alien when
there is reason to believe that the alien has
been killed or severely incapacitated; or
‘‘(II) for criminal law enforcement pur-
poses against the alien whose application is to
be disclosed if the alleged criminal activity oc-
curred after the legalization application was
filed and such activity involves terrorist activity
or poses either an immediate risk to life or to
111
national security, or would be prosecutable as
an aggravated felony, but without regard to the
length of sentence that could be imposed on the
applicant’’.
(b) SPECIAL AGRICULTURAL WORKER PROGRAM.—
Section 210(b) of such Act (8 U.S.C. 1160(b)) is amend-
ed—
(1) in paragraph (5), by inserting ‘‘, except as
allowed by a court order issued pursuant to para-
graph (6)’’ after ‘‘consent of the alien’’, and
(2) in paragraph (6), by inserting after sub-
paragraph (C) the following:
‘‘Notwithstanding the previous sentence, the Attor-
ney General may authorize an application to a Fed-
eral court of competent jurisdiction for, and a judge
of such court may grant, an order authorizing dis-
closure of information contained in the application of
the alien to be used (i) for identification of the alien
when there is reason to believe that the alien has
been killed or severely incapacitated, or (ii) for
criminal law enforcement purposes against the alien
whose application is to be disclosed if the alleged
criminal activity occurred after the special agricul-
tural worker application was filed and such activity
involves terrorist activity or poses either an imme-
112
diate risk to life or to national security, or would be
prosecutable as an aggravated felony, but without
regard to the length of sentence that could be im-
posed on the applicant.’’.
SEC. 632. WAIVER AUTHORITY CONCERNING NOTICE OF
DENIAL OF APPLICATION FOR VISAS.
Section 212(b) of the Immigration and Nationality
Act (8 U.S.C. 1182(b)) is amended—
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(2) by striking ‘‘If’’ and inserting ‘‘(1) Subject
to paragraph (2), if’’; and
(3) by adding at the end the following new
paragraph:
‘‘(2) With respect to applications for visas, the Sec-
retary of State may waive the application of paragraph
(1) in the case of a particular alien or any class or classes
of aliens excludable under subsection (a)(2) or (a)(3).’’.
PART 2—ASSET FORFEITURE FOR PASSPORT
AND VISA OFFENSES
SEC. 641. CRIMINAL FORFEITURE FOR PASSPORT AND VISA
RELATED OFFENSES.
Section 982 of title 18, United States Code, is
amended—
113
(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-
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. 642. 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. 643. 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.
114
Subtitle D—Employee Verification
by Security Services Companies
SEC. 651. PERMITTING SECURITY SERVICES COMPANIES TO
REQUEST ADDITIONAL DOCUMENTATION.
(a) IN GENERAL.—Section 274B(a)(6) of the Immi-
gration and Nationality Act (8 U.S.C. 1324b(a)(6)) is
amended—
(1) by striking ‘‘For purposes’’ and inserting
‘‘(A) Except as provided in subparagraph (B), for
purposes’’, and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) Subparagraph (A) shall not apply to a re-
quest made in connection with an individual seeking
employment in a company (or division of a company)
engaged in the business of providing security serv-
ices to protect persons, institutions, buildings, or
other possible targets of international terrorism (as
defined in section 2331(1) of title 18, United States
Code).’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to requests for documents made
on or after the date of the enactment of this Act with
respect to individuals who are or were hired before, on,
or after the date of the enactment of this Act.
115
Subtitle E—Criminal Alien
Deportation Improvements
SEC. 661. SHORT TITLE.
This subtitle may be cited as the ‘‘Criminal Alien De-
portation Improvements Act of 1995’’.
SEC. 662. ADDITIONAL EXPANSION OF DEFINITION OF AG-
GRAVATED FELONY.
(a) IN GENERAL.—Section 101(a)(43) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(43)), as
amended by section 222 of the Immigration and National-
ity Technical Corrections Act of 1994 (Public Law 103–
416), is amended—
(1) in subparagraph (J), by inserting ‘‘, or an
offense described in section 1084 (if it is a second
or subsequent offense) or 1955 of that title (relating
to gambling offenses),’’ after ‘‘corrupt organiza-
tions)’’;
(2) in subparagraph (K)—
(A) by striking ‘‘or’’ at the end of clause
(i),
(B) by redesignating clause (ii) as clause
(iii), and
(C) by inserting after clause (i) the follow-
ing new clause:
116
‘‘(ii) is described in section 2421,
2422, or 2423 of title 18, United States
Code (relating to transportation for the
purpose of prostitution) for commercial ad-
vantage; or’’;
(3) by amending subparagraph (N) to read as
follows:
‘‘(N) an offense described in paragraph
(1)(A) or (2) of section 274(a) (relating to alien
smuggling) for which the term of imprisonment
imposed (regardless of any suspension of im-
prisonment) is at least 5 years;’’;
(4) by amending subparagraph (O) to read as
follows:
‘‘(O) an offense (i) which either is falsely
making, forging, counterfeiting, mutilating, or
altering a passport or instrument in violation of
section 1543 of title 18, United States Code, or
is described in section 1546(a) of such title (re-
lating to document fraud) and (ii) for which the
term of imprisonment imposed (regardless of
any suspension of such imprisonment) is at
least 18 months;’’
117
(5) in subparagraph (P), by striking ‘‘15 years’’
and inserting ‘‘5 years’’, and by striking ‘‘and’’ at
the end;
(6) by redesignating subparagraphs (O), (P),
and (Q) as subparagraphs (P), (Q), and (U), respec-
tively;
(7) by inserting after subparagraph (N) the fol-
lowing new subparagraph:
‘‘(O) an offense described in section 275(a)
or 276 committed by an alien who was pre-
viously deported on the basis of a conviction for
an offense described in another subparagraph
of this paragraph;’’; and
(8) by inserting after subparagraph (Q), as so
redesignated, the following new subparagraphs:
‘‘(R) an offense relating to commercial
bribery, counterfeiting, forgery, or trafficking in
vehicles the identification numbers of which
have been altered for which a sentence of 5
years’ imprisonment or more may be imposed;
‘‘(S) an offense relating to obstruction of
justice, perjury or subornation of perjury, or
bribery of a witness, for which a sentence of 5
years’ imprisonment or more may be imposed;
118
‘‘(T) an offense relating to a failure to ap-
pear before a court pursuant to a court order
to answer to or dispose of a charge of a felony
for which a sentence of 2 years’ imprisonment
or more may be imposed; and’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to convictions entered on or
after the date of the enactment of this Act, except that
the amendment made by subsection (a)(3) shall take effect
as if included in the enactment of section 222 of the Immi-
gration and Nationality Technical Corrections Act of
1994.
SEC. 
663. 
DEPORTATION 
PROCEDURES 
FOR 
CERTAIN
CRIMINAL ALIENS WHO ARE NOT PERMA-
NENT RESIDENTS.
(a) ADMINISTRATIVE HEARINGS.—Section 242A(b)
of the Immigration and Nationality Act (8 U.S.C.
1252a(b)), as added by section 130004(a) of the Violent
Crime Control and Law Enforcement Act of 1994 (Public
Law 103–322), is amended—
(1) in paragraph (2)—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (A) and inserting ‘‘or’’, and
(B) by amending subparagraph (B) to read
as follows:
119
‘‘(B) had permanent resident status on a
conditional basis (as described in section 216)
at the time that proceedings under this section
commenced.’’;
(2) in paragraph (3), by striking ‘‘30 calendar
days’’ and inserting ‘‘14 calendar days’’;
(3) 
in 
paragraph 
(4)(B), 
by 
striking
‘‘proccedings’’ and inserting ‘‘proceedings’’;
(4) in paragraph (4)—
(A) by redesignating subparagraphs (D)
and (E) as subparagraphs (F) and (G), respec-
tively; and
(B) by adding after subparagraph (C) the
following new subparagraphs:
‘‘(D) such proceedings are conducted in, or
translated for the alien into, a language the
alien understands;
‘‘(E) a determination is made for the
record at such proceedings that the individual
who appears to respond in such a proceeding is
an alien subject to such an expedited proceed-
ing under this section and is, in fact, the alien
named in the notice for such proceeding;’’.
(5) by adding at the end the following new
paragraph:
120
‘‘(5) No alien described in this section shall be
eligible for any relief from deportation that the At-
torney General may grant in the Attorney General’s
discretion.’’.
(b) LIMIT ON JUDICIAL REVIEW.—Subsection (d) of
section 106 of the Immigration and Nationality Act (8
U.S.C. 1105a), as added by section 130004(b) of the Vio-
lent Crime Control and Law Enforcement Act of 1994
(Public Law 103–322), is amended to read as follows:
‘‘(d) Notwithstanding subsection (c), a petition for
review or for habeas corpus on behalf of an alien described
in section 242A(c) may only challenge whether the alien
is in fact an alien described in such section, and no court
shall have jurisdiction to review any other issue.’’.
(c) PRESUMPTION
OF
DEPORTABILITY.—Section
242A of the Immigration and Nationality Act (8 U.S.C.
1252a) is amended by inserting after subsection (b) the
following new subsection:
‘‘(c) PRESUMPTION OF DEPORTABILITY.—An alien
convicted of an aggravated felony shall be conclusively pre-
sumed to be deportable from the United States.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to all aliens against whom deporta-
tion proceedings are initiated after the date of the enact-
ment of this Act.
121
SEC. 664. RESTRICTING THE DEFENSE TO EXCLUSION
BASED ON 7 YEARS PERMANENT RESIDENCE
FOR CERTAIN CRIMINAL ALIENS.
The last sentence of section 212(c) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(c)) is amended
by striking ‘‘has served for such felony or felonies’’ and
all that follows through the period and inserting ‘‘has been
sentenced for such felony or felonies to a term of imprison-
ment of at least 5 years, if the time for appealing such
conviction or sentence has expired and the sentence has
become final.’’.
SEC. 665. LIMITATION ON COLLATERAL ATTACKS ON UN-
DERLYING DEPORTATION ORDER.
(a) IN GENERAL.—Section 276 of the Immigration
and Nationality Act (8 U.S.C. 1326) is amended by add-
ing at the end the following new subsection:
‘‘(c) In a criminal proceeding under this section, an
alien may not challenge the validity of the deportation
order described in subsection (a)(1) or subsection (b) un-
less the alien demonstrates that—
‘‘(1) the alien exhausted any administrative
remedies that may have been available to seek relief
against the order;
‘‘(2) the deportation proceedings at which the
order was issued improperly deprived the alien of the
opportunity for judicial review; and
122
‘‘(3) the entry of the order was fundamentally
unfair.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to criminal proceedings initiated
after the date of the enactment of this Act.
SEC. 666. CRIMINAL ALIEN IDENTIFICATION SYSTEM.
Section 130002(a) of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–322) is
amended to read as follows:
‘‘(a) OPERATION AND PURPOSE.—The Commissioner
of Immigration and Naturalization shall, under the au-
thority of section 242(a)(3)(A) of the Immigration and
Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a crimi-
nal alien identification system. The criminal alien identi-
fication system shall be used to assist Federal, State, and
local law enforcement agencies in identifying and locating
aliens who may be subject to deportation by reason of
their conviction of aggravated felonies.’’.
SEC. 667. ESTABLISHING CERTAIN ALIEN SMUGGLING-RE-
LATED 
CRIMES 
AS 
RICO-PREDICATE 
OF-
FENSES.
Section 1961(1) of title 18, United States Code, is
amended—
(1) by inserting ‘‘section 1028 (relating to
fraud and related activity in connection with identi-
123
fication documents) if the act indictable under sec-
tion 1028 was committed for the purpose of finan-
cial gain,’’ before ‘‘section 1029’’;
(2) by inserting ‘‘section 1542 (relating to false
statement in application and use of passport) if the
act indictable under section 1542 was committed for
the purpose of financial gain, section 1543 (relating
to forgery or false use of passport) if the act indict-
able under section 1543 was committed for the pur-
pose of financial gain, section 1544 (relating to mis-
use of passport) if the act indictable under section
1544 was committed for the purpose of financial
gain, section 1546 (relating to fraud and misuse of
visas, permits, and other documents) if the act in-
dictable under section 1546 was committed for the
purpose of financial gain, sections 1581–1588 (relat-
ing to peonage and slavery),’’ after ‘‘section 1513
(relating to retaliating against a witness, victim, or
an informant),’’;
(3) by striking ‘‘or’’ before ‘‘(E)’’; and
(4) by inserting before the period at the end the
following: ‘‘, or (F) any act which is indictable under
the Immigration and Nationality Act, section 274
(relating to bringing in and harboring certain
aliens), section 277 (relating to aiding or assisting
124
certain aliens to enter the United States), or section
278 (relating to importation of alien for immoral
purpose) if the act indictable under such section of
such Act was committed for the purpose of financial
gain’’.
SEC. 668. AUTHORITY FOR ALIEN SMUGGLING INVESTIGA-
TIONS.
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) a felony violation of section 1028 (relating
to production of false identification documents), sec-
tion 1542 (relating to false statements in passport
applications), section 1546 (relating to fraud and
misuse of visas, permits, and other documents) of
this title or a violation of section 274, 277, or 278
of the Immigration and Nationality Act (relating to
the smuggling of aliens); or’’.
125
SEC. 669. EXPANSION OF CRITERIA FOR DEPORTATION FOR
CRIMES OF MORAL TURPITUDE.
(a) IN GENERAL.—Section 241(a)(2)(A)(i)(II) of the
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1251(a)(2)(A)(i)(II)) is amended to read as follows:
‘‘(II) is convicted of a crime for
which a sentence of one year or longer
may be imposed,’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to aliens against whom deporta-
tion proceedings are initiated after the date of the enact-
ment of this Act.
SEC. 670. PAYMENTS TO POLITICAL SUBDIVISIONS FOR
COSTS OF INCARCERATING ILLEGAL ALIENS.
Amounts appropriated to carry out section 501 of the
Immigration Reform and Control Act of 1986 for fiscal
year 1995 shall be available to carry out section 242(j)
of the Immigration and Nationality Act in that fiscal year
with respect to undocumented criminal aliens incarcerated
under the authority of political subdivisions of a State.
SEC. 671. MISCELLANEOUS PROVISIONS.
(a) USE OF ELECTRONIC AND TELEPHONIC MEDIA
IN DEPORTATION HEARINGS.—The second sentence of
section 242(b) of the Immigration and Nationality Act (8
U.S.C. 1252(b)) is amended by inserting before the period
the following: ‘‘; except that nothing in this subsection
126
shall preclude the Attorney General from authorizing pro-
ceedings by electronic or telephonic media (with the con-
sent of the alien) or, where waived or agreed to by the
parties, in the absence of the alien’’.
(b) CODIFICATION.—
(1) Section 242(i) of such Act (8 U.S.C.
1252(i)) is amended by adding at the end the follow-
ing: ‘‘Nothing in this subsection shall be construed
to create any substantive or procedural right or ben-
efit that is legally enforceable by any party against
the United States or its agencies or officers or any
other person.’’.
(2) Section 225 of the Immigration and Nation-
ality Technical Corrections Act of 1994 (Public Law
103–416) is amended by striking ‘‘and nothing in’’
and all that follows through ‘‘1252(i))’’.
(3) The amendments made by this subsection
shall take effect as if included in the enactment of
the Immigration and Nationality Technical Correc-
tions Act of 1994 (Public Law 103–416).
SEC. 672. CONSTRUCTION OF EXPEDITED DEPORTATION
REQUIREMENTS.
No amendment made by this Act shall be construed
to create any substantive or procedural right or benefit
127
that is legally enforceable by any party against the United
States or its agencies or officers or any other person.
SEC. 673. STUDY OF PRISONER TRANSFER TREATY WITH
MEXICO.
(a) REPORT TO CONGRESS.—Not later than 180 days
after the date of the enactment of this Act, the Secretary
of State and the Attorney General shall submit to the Con-
gress a report that describes the use and effectiveness of
the Prisoner Transfer Treaty with Mexico (in this section
referred to as the ‘‘Treaty’’) to remove from the United
States aliens who have been convicted of crimes in the
United States.
(b) USE OF TREATY.—The report under subsection
(a) shall include the following information:
(1) The number of aliens convicted of a crimi-
nal offense in the United States since November 30,
1977, who would have been or are eligible for trans-
fer pursuant to the Treaty.
(2) The number of aliens described in para-
graph (1) who have been transferred pursuant to the
Treaty.
(3) The number of aliens described in para-
graph (2) who have been incarcerated in full compli-
ance with the Treaty.
129
(3) Changes in the Treaty that may be nec-
essary to increase the number of aliens convicted of
crimes who may be transferred pursuant to the
Treaty.
(4) Methods for preventing the unlawful re-
entry into the United States of aliens who have been
convicted of criminal offenses in the United States
and transferred pursuant to the Treaty.
(5) Any recommendations of appropriate offi-
cials of the Mexican Government on programs to
achieve the goals of, and ensure full compliance
with, the Treaty.
(6) An assessment of whether the recommenda-
tions under this subsection require the renegotiation
of the Treaty.
(7) The additional funds required to implement
each recommendation under this subsection.
SEC. 674. JUSTICE DEPARTMENT ASSISTANCE IN BRINGING
TO JUSTICE ALIENS WHO FLEE PROSECU-
TION FOR CRIMES IN THE UNITED STATES.
(a) ASSISTANCE TO STATES.—The Attorney General,
in cooperation with the Commissioner of Immigration and
Naturalization and the Secretary of State, shall designate
an office within the Department of Justice to provide tech-
nical and prosecutorial assistance to States and political
130
subdivisions of States in efforts to bring to justice aliens
who flee prosecution for crimes in the United States.
(b) REPORT TO CONGRESS.—Not later than one year
after the date of the enactment of this Act, the Attorney
General shall compile and submit to the Congress a report
which assesses the nature and extent of the problem of
bringing to justice aliens who flee prosecution for crimes
in the United States.
SEC. 675. PRISONER TRANSFER TREATIES.
(a) NEGOTIATION.—Congress advises the President
to begin to negotiate and renegotiate, not later than 90
days after the date of the enactment of this Act, bilateral
prisoner transfer treaties. The focus of such negotiations
shall be to expedite the transfer of aliens unlawfully in
the United States who are incarcerated in United States
prisons, to ensure that a transferred prisoner serves the
balance of the sentence imposed by the United States
courts, and to eliminate any requirement of prisoner con-
sent to such a transfer.
(b) CERTIFICATION.—The President shall submit to
the Congress, annually, a certification as to whether each
prisoner transfer treaty in force is effective in returning
aliens unlawfully in the United States who have committed
offenses for which they are incarcerated in the United
131
States to their country of nationality for further incarcer-
ation.
SEC. 676. INTERIOR REPATRIATION PROGRAM.
Not later than 180 days after the date of enactment
of this Act, the Attorney General and the Commissioner
of Immigration and Naturalization shall develop and im-
plement a program in which aliens who previously have
illegally entered the United States not less than 3 times
and are deported or returned to a country contiguous to
the United States will be returned to locations not less
than 500 kilometers from that country’s border with the
United States.
SEC. 677. DEPORTATION OF NONVIOLENT OFFENDERS
PRIOR TO COMPLETION OF SENTENCE OF IM-
PRISONMENT.
(a) IN GENERAL.—Section 242(h) of the Immigra-
tion and Nationality Act (8 U.S.C. 1252(h)) is amended
to read as follows:
‘‘(h)(1) Except as provided in paragraph (2), an alien
sentenced to imprisonment may not be deported until such
imprisonment has been terminated by the release of the
alien from confinement. Parole, supervised release, proba-
tion, or possibility of rearrest or further confinement in
respect of the same offense shall not be a ground for defer-
ral of deportation.
132
‘‘(2) The Attorney General is authorized to deport an
alien in accordance with applicable procedures under this
Act prior to the completion of a sentence of imprison-
ment—
‘‘(A) in the case of an alien in the custody of
the Attorney General, if the Attorney General deter-
mines that (i) the alien is confined pursuant to a
final conviction for a nonviolent offense (other than
alien smuggling), and (ii) such deportation of the
alien is appropriate and in the best interest of the
United States; or
‘‘(B) in the case of an alien in the custody of
a State (or a political subdivision of a State), if the
chief State official exercising authority with respect
to the incarceration of the alien determines that (i)
the alien is confined pursuant to a final conviction
for a nonviolent offense (other than alien smug-
gling), (ii) such deportation is appropriate and in
the best interest of the State, and (iii) submits a
written request to the Attorney General that such
alien be so deported.
‘‘(3) Any alien deported pursuant to this subsection
shall be notified of the penalties under the laws of the
United States relating to the reentry of deported aliens,
133
particularly the expanded penalties for aliens deported
under paragraph (2).’’.
(b) REENTRY OF ALIEN DEPORTED PRIOR TO COM-
PLETION OF TERM OF IMPRISONMENT.—Section 276 of
the Immigration and Nationality Act (8 U.S.C. 1326)
amended by adding at the end the following new sub-
section:
‘‘(c) Any alien deported pursuant to section
242(h)(2) who enters, attempts to enter, or is at any time
found in, the United States (unless the Attorney General
has expressly consented to such alien’s reentry) shall be
incarcerated for the remainder of the sentence of impris-
onment which was pending at the time of deportation
without any reduction for parole or supervised release.
Such alien shall be subject to such other penalties relating
to the reentry of deported aliens as may be available under
this section or any other provision of law.’’.
TITLE VII—AUTHORIZATION AND
FUNDING
SEC. 701. FIREFIGHTER AND EMERGENCY SERVICES TRAIN-
ING.
The Attorney General may award grants in consulta-
tion with the Federal Emergency Management Agency for
the purposes of providing specialized training or equip-
ment to enhance the capability of metropolitan fire and
166
of the denial of a Federal right or is denied relief
in the district court or at any subsequent stage of
review.
‘‘(c) If one of the conditions in subsection (b) has
occurred, no Federal court thereafter shall have the au-
thority to enter a stay of execution in the case, unless the
court of appeals approves the filing of a second or succes-
sive application under section 2244(b).
‘‘§ 2263. Filing of habeas corpus application; time re-
quirements; tolling rules
‘‘(a) Any application under this chapter for habeas
corpus relief under section 2254 must be filed in the ap-
propriate district court not later than 180 days after final
State court affirmance of the conviction and sentence on
direct review or the expiration of the time for seeking such
review.
‘‘(b) The time requirements established by subsection
(a) shall be tolled—
‘‘(1) from the date that a petition for certiorari
is filed in the Supreme Court until the date of final
disposition of the petition if a State prisoner files
the petition to secure review by the Supreme Court
of the affirmance of a capital sentence on direct re-
view by the court of last resort of the State or other
final State court decision on direct review;