‘‘(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.’’.
(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 final period at the end and inserting the
following: ‘‘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
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 employed by the Department of Justice
for the fiscal year 1997 shall be increased by 25 above
the number of Assistant United States Attorneys that
were authorized to be employed as of September 30, 1996.
(b) ASSIGNMENT.—Individuals employed to fill the
additional positions described in subsection (a) shall pros-
ecute persons who bring into the United States or harbor
illegal aliens or violate 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:
‘‘(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);
‘‘(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.
‘‘(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.’’.
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) 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
committed to facilitate an act of international terror-
ism (as defined in section 2331(1) of this title);
and’’.
(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
involves 100 or more documents;
(2) not less than offense level 20 if the offense
involves 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
involves—
(A) the provision of documents to a person
known or suspected of engaging in a terrorist
activity (as such terms are defined in section
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 (described
in section 1952(a) 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
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.
SEC. 213. NEW CIVIL PENALTY FOR FAILURE TO PRESENT
DOCUMENTS AND FOR PREPARING IMMIGRA-
TION 
DOCUMENTS 
WITHOUT 
AUTHORIZA-
TION.
(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 a comma;
(3) by inserting after paragraph (5) the follow-
ing new paragraphs:
‘‘(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, or
‘‘(7) to prepare or assist in the preparation and
submission of immigration forms, petitions, and ap-
plications if the person or entity is not authorized to
represent aliens, or to prepare or assist in the prepa-
ration and submission of such forms, petitions, and
applications pursuant to regulations promulgated by
the Attorney General.’’; and
(4) by adding at the end the following:
‘‘The Attorney General may, in the discretion of the Attor-
ney General, waive the penalties of this section with re-
spect to an alien who knowingly violates paragraph (6)
if the alien is granted asylum under section 208 or with-
holding 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.
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 the person know-
ingly and willfully fails to disclose, conceals, or cov-
ers 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.
‘‘(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
(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; or
‘‘(f) Whoever knowingly makes any false statement
or claim that he is a citizen of the United States in order
to register to vote or to vote in any Federal, State, or
local election (including an initiative, recall, or referen-
dum)—’’.
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-
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-
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.—Aliens who enter illegally or
who overstay the period of authorized admission will
have a greater burden of proof in removal proceed-
ings and will face tougher standards for most discre-
tionary immigration benefits, such as suspension of
removal and work authorization.
(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.
(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.
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 lawful entry of the alien into
the United States after inspection and authorization by
an immigration 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,
‘‘(iv) has been convicted of an aggravated fel-
ony, unless since such conviction the alien has been
granted relief under section 240A(a), or
‘‘(v) is attempting to enter at a time or place
other than as designated by immigration officers or
has not been admitted to the United States after in-
spection and authorization by an immigration offi-
cer.’’.
(b) INADMISSIBILITY OF ALIENS PRESENT WITHOUT
ADMISSION OR PAROLE.—
(1) IN
GENERAL.—Section 212(a) (8 U.S.C.
1182(a)) is 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.—
‘‘(A) IN GENERAL.—An alien present in
the United States without 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 inadmissible.
‘‘(B) EXCEPTION FOR CERTAIN BATTERED
WOMEN
AND
CHILDREN.—Subparagraph (A)
shall not apply to an alien who can demonstrate
that—
‘‘(i) the alien qualifies for immigrant
status 
under 
subparagraphs 
(A)(iii),
(A)(iv), (B)(ii), or (B)(iii) of section
204(a)(1),
‘‘(ii)(I) the alien has been battered or
subject to extreme cruelty by a spouse or
parent, or by a member of the spouse’s or
parent’s family residing in the same house-
hold as the alien and the spouse or parent
consented or acquiesced to such battery or
cruelty, or (II) the alien’s child has been
battered or subject to extreme cruelty by a
spouse or parent of the alien (without the
active participation of the alien in the bat-
tery or extreme cruelty) or by a member of
the spouse’s or parent’s family residing in
the same household as the alien when the
spouse or parent consented to or acqui-
esced in such battery or cruelty and the
alien did not actively participate in such
battery or cruelty, and
‘‘(iii) there was a substantial connec-
tion between the battery or cruelty de-
scribed in subclause (I) or (II) and the
alien’s unlawful entry into the United
States.’’.
(2) TRANSITION
FOR
BATTERED
SPOUSE
OR
CHILD PROVISION.—The requirements of clauses (ii)
and (iii) of section 212(a)(9)(B) of the Immigration
and Nationality Act, as inserted by paragraph (1),
shall not apply to an alien who demonstrates that
the alien first arrived in the United States before
the title III–A effective date (described in section
309(a)).
(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
of the date of such removal is inadmissible.
‘‘(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 at any time in the case
of an alien convicted of an aggravated fel-
ony) is inadmissible.
‘‘(iii) ALIENS WHO HAD THE INTENT
TO
ILLEGALLY
ENTER.—Any alien who
had the intent to illegally enter the United
States and who has been ordered removed
under section 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 is
inadmissible.
‘‘(iv) OTHER ALIENS WHO HAD THE
INTENT TO ILLEGALLY ENTER.—Any alien
not described in clause (i) who had the in-
tent to illegally enter the United States
and who has been ordered removed under
section 240 or any other provision of law
and who again seeks admission is inadmis-
sible.
‘‘(v) 
EXCEPTION.—Clauses 
(i)
through (iv) shall not apply to an alien
seeking admission within a period if, prior
to the alien’s reembarkation at a place out-
side the United States or attempt to be ad-
mitted 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-
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 18 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) ALIENS
WITH
WORK
AU-
THORIZATION.—No period of time in
which an alien is provided authoriza-
tion to engage in employment in the
United States (including such an au-
thorization 
under 
section
244A(a)(1)(B)), or in which the alien
is the spouse of such an alien, shall be
taken into account in determining the
period of unlawful presence in the
United States under clause (i).
‘‘(IV) FAMILY
UNITY.—No pe-
riod of time in which the alien is a
beneficiary of family unity protection
pursuant to section 301 of the Immi-
gration Act of 1990 shall be taken
into account in determining the period
of unlawful presence in the United
States under clause (i).
‘‘(V) BATTERED
WOMEN
AND
CHILDREN.—Clause (i) shall not apply
to an alien who would be described in
paragraph (9)(B) if ‘violation of the
terms of the alien’s nonimmigrant
visa’ were substituted for ‘unlawful
entry into the United States’ in clause
(iii) of that paragraph.
‘‘(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-
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.
‘‘(iv) WAIVER.—In the case of an
alien who is the spouse, parent, or child of
a United States citizen or the spouse or
child of a permanent resident alien, the At-
torney General may waive clause (i) for
humanitarian purposes, to assure family
unity, or when it is otherwise in the public
interest.
‘‘(v) NATIONAL INTEREST WAIVER.—
The Attorney General may waive clause (i)
if the Attorney General determines that
such a waiver is necessary to substantially
benefit—
‘‘(I) the national security, na-
tional defense, or Federal, State, or
local law enforcement;
‘‘(II) health care, housing, or
educational opportunities for an indi-
gent or low-income population or in
an underserved geographical area;
‘‘(III) economic or employment
opportunities for a specific industry or
specific geographical area;
‘‘(IV) the development of new
technologies; or
‘‘(V) environmental protection or
the productive use of natural re-
sources; and
the alien will engage in a specific under-
taking to advance one or more of the inter-
ests identified in subclauses (I) through
(V).’’.
(d) WAIVER OF MISREPRESENTATION GROUND OF
INADMISSIBILITY FOR CERTAIN ALIENS.—Subsection (i)
of section 212 (8 U.S.C. 1182) is amended to read as fol-
lows:
‘‘(i) The Attorney General may, in the discretion of
the Attorney General, waive the application of clause (i)
of subsection (a)(6)(C)—
‘‘(1) in the case of an immigrant who is the
spouse, son, or daughter of a United States citizen;
or
‘‘(2) in the case of an immigrant who is the
spouse or son or daughter of an alien lawfully admit-
ted for permanent residence, if it is established to
the satisfaction of the Attorney General that the re-
fusal of admission to the United States of such im-
migrant alien would result in extreme hardship to
the lawfully resident spouse or parent of such an
alien.’’.
(e) PROHIBITION
ON
ISSUANCE
OF
VISAS
FOR
FORMER CITIZENS WHO RENOUNCED CITIZENSHIP TO
AVOID UNITED STATES TAXATION.—Section 212(a)(10)
(8 U.S.C. 1182(a)(10)), as redesignated by subsection
(b)(1), is amended by adding at the end the following:
‘‘(D) FORMER CITIZENS WHO RENOUNCED
CITIZENSHIP TO AVOID TAXATION.—Any alien
who is a former citizen of the United States
who officially renounced United States citizen-
ship and who is determined by the Attorney
General to have renounced United States citi-
zenship for the purpose of avoiding taxation by
the United States is excludable.’’.
(f) PROOF OF VACCINATION REQUIREMENT FOR IM-
MIGRANTS.—
(1) IN
GENERAL.—Section 212(a)(1)(A) (8
U.S.C. 1182(a)(1)(A)) is amended—
(A) by redesignating clauses (ii) and (iii)
as clauses (iii) and (iv), respectively, and
(B) by inserting after clause (i) the follow-
ing new clause:
‘‘(ii) who seeks admission as an immi-
grant, or who seeks adjustment of status
to the status of an alien lawfully admitted
for permanent residence, and who has
failed to present documentation of having
received vaccination against vaccine-pre-
ventable diseases, which shall include at
least the following diseases: mumps, mea-
sles, rubella, polio, tetanus and diphtheria
toxoids, pertussis, influenza type B and
hepatitis B, and any other vaccinations
against vaccine-preventable diseases rec-
ommended by the Advisory Committee for
Immunization Practices,’’.
(2) 
WAIVER.—Section 
212(g) 
(8 
U.S.C.
1182(g)) is amended by striking ‘‘, or’’ at the end
of paragraph (1) and all that follows and inserting
a semicolon and the following:
‘‘in accordance with such terms, conditions, and con-
trols, if any, including the giving of bond, as the At-
torney General, in the discretion of the Attorney
General after consultation with the Secretary of
Health and Human Services, may by regulation pre-
scribe;
‘‘(2) subsection (a)(1)(A)(ii) in the case of any
alien—
‘‘(A) who receives vaccination against the
vaccine-preventable disease or diseases for
which the alien has failed to present docu-
mentation of previous vaccination, or
‘‘(B) for whom a civil surgeon, medical of-
ficer, or panel physician (as those terms are de-
fined by section 34.2 of title 42 of the Code of
Federal Regulations) certifies, according to
such regulations as the Secretary of Health and
Human Services may prescribe, that such vac-
cination would not be medically appropriate; or
‘‘(3) subsection (a)(1)(A)(iii) in the case of any
alien, in accordance with such terms, conditions, and
controls, if any, including the giving of bond, as the
Attorney General, in the discretion of the Attorney
General after consultation with the Secretary of
Health and Human Services, may by regulation pre-
scribe.’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply with respect to appli-
cations for immigrant visas or for adjustment of sta-
tus filed after September 30, 1996.
(g) ADJUSTMENT
IN
GROUNDS
FOR
DEPORTA-
TION.—Section 241 (8 U.S.C. 1251), before redesignation
as section 237 by section 305(a)(2), 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.
(h) WAIVERS
FOR
IMMIGRANTS
CONVICTED
OF
CRIMES.—Section 212(h) (8 U.S.C. 1182(h)) is amended
by adding at the end the following: ‘‘No waiver shall be
granted under this subsection to an immigrant who pre-
viously has been admitted to the United States unless that
alien has fulfilled the time in status and continuous resi-
dence requirements of section 212(c). No court shall have
jurisdiction to review a decision of the Attorney General
to grant or deny a waiver under this subsection.’’.
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, who arrives in the Unit-
ed States (whether or not at a designated port of ar-
rival), or who is brought to the United States after
having been interdicted in international or United
States waters 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. Upon such in-
spection if the alien indicates an intention to apply
for asylum under section 208 or a fear of persecu-
tion, the officer shall refer the alien for an interview
under subsection (b)(1)(B). A stowaway may apply
for asylum only if the stowaway is found to have a
credible fear of persecution under subsection
(b)(1)(B). In no case may a stowaway be considered
an applicant for admission or eligible for a hearing
under section 240.
‘‘(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
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 the alien—
‘‘(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
States without further hearing or review;
or