carceration for a period or periods of more than one
year, or the return or deportation of an alien to a
country the government of which would more prob-
ably than not persecute the alien on account of race,
religion, nationality, or political opinion if the alien
came into that government’s custody.
‘‘(b) ASYLUM PROCEDURES.—
‘‘(1) APPLICATIONS.—
‘‘(A) TIME OF APPLICATION.—
‘‘(i) If the condition on which an asy-
lum application is based exists when an
alien arrives in the United States, the alien
must present himself or herself for exam-
ination to an immigration officer and give
notice of his or her intention to apply for
asylum and must apply for asylum before
entry into the United States.
‘‘(ii) If the condition on which an asy-
lum application is based did not exist until
after the alien’s arrival in the United
States, the alien must apply on or before
the 60th day after such condition first
arises, or the 60th day preceding the end
of the alien’s authorized stay in the United
States, whichever day occurs later.
‘‘(B) IDENTIFICATION
REQUIREMENTS.—
An application for asylum shall not be consid-
ered unless the alien submits to the taking of
fingerprints, a photograph, and such other iden-
tification procedures as the Attorney General
may prescribe.
‘‘(C) FEES.—The Attorney General may
provide for a reasonable fee for the consider-
ation of an application for asylum or for any
employment authorization under subsection
(a)(3)(B).
‘‘(D) NOTICE
OF
PRIVILEGE
OF
COUN-
SEL.—Upon the earlier of an alien’s application
for asylum or giving notice of intention to apply
for asylum, the alien shall be advised of the
privilege of being represented (at no expense to
the government) by such counsel, authorized to
practice in such proceedings, as the alien shall
choose.
‘‘(2) CONSIDERATION OF APPLICATIONS; HEAR-
INGS.—
‘‘(A) ASYLUM
OFFICERS.—Each applica-
tion for asylum shall be considered by an asy-
lum officer.
‘‘(B) SCHEDULING OF HEARINGS.—
‘‘(i) IN GENERAL.—Upon the receipt
of an application for asylum, an asylum of-
ficer, at the earliest practicable time and
after consultation with the attorney for the
Government and the attorney (if any) for
the applicant, shall set the application for
hearing on a day certain or list it on a
weekly or other short-term calendar, so as
to assure a speedy hearing.
‘‘(ii) DEADLINE.—Unless the appli-
cant (or an attorney for the applicant) con-
sents in writing to the contrary, the hear-
ing on the asylum application shall com-
mence not later than 45 days after the
date the application was made.
‘‘(iii) NOTICE.—Written notice of the
time and place of the hearing and of any
change in the time or place of the hearing
shall be given to the applicant and to the
applicant’s attorney (if any).
‘‘(iv) WAIVER.—An applicant for asy-
lum or his attorney may waive the oppor-
tunity of a hearing, in which case the asy-
lum officer shall not set the application for
hearing and shall proceed directly to a de-
termination.
‘‘(C) PUBLIC HEARINGS.—A hearing on an
asylum application shall be open to the public
unless the applicant requests that it be closed
to the public or the Attorney General deter-
mines in the sole discretion of the Attorney
General that an open hearing would endanger
the security of the United States.
‘‘(D) HEARING
PROCEDURES.—The asy-
lum officer shall, to the extent practicable, con-
duct the hearing in a nonadversarial manner.
During such hearing, the applicant shall have
the privilege of the assistance and participation
of counsel and both the government and the ap-
plicant shall be entitled to present evidence and
witnesses, to examine and object to evidence,
and to cross-examine all witnesses.
‘‘(E) COUNTRY CONDITIONS.—An asylum
officer may request opinions regarding country
conditions from the Secretary of State, but
shall not request or consider recommendations
from the Secretary of State as to whether a
particular individual should or should not be
granted asylum.
‘‘(F) RECORD OF HEARINGS.—A complete
verbatim record of the hearing and of evidence
produced at the hearing shall be kept. Upon the
request of the applicant or his attorney, the
Service shall provide a copy of such record to
the applicant or the applicant’s attorney.
‘‘(G) DEADLINE FOR DETERMINATIONS.—
The asylum officer shall render a determination
on the application not later than 30 days after
the date of completion of the hearing. The de-
termination of the officer shall be based only on
the officer’s knowledge of conditions outside the
United States and evidence produced at the
hearing.
‘‘(H) NO RIGHTS CREATED.—Nothing in
this paragraph relating to scheduling or dead-
lines shall be construed as creating any right or
benefit, substantive or procedural, that is le-
gally enforceable by any party against the Unit-
ed States, its agencies, its officers, or any other
person.
‘‘(I) SANCTIONS
FOR
FAILURE
TO
AP-
PEAR—
‘‘(i) The application for asylum of an
alien who does not appear for a hearing on
such application shall be summarily dis-
missed unless the asylum officer, in the
sole discretion of the asylum officer, deter-
mines that the alien’s failure to appear was
due to exceptional circumstances (as de-
fined in section 242B(f)(2)).
‘‘(ii) An application summarily dis-
missed in accordance with clause (i) shall
not be reopened or reconsidered, nor shall
a new application for asylum from the ap-
plicant be entertained by the Attorney
General at any time.
‘‘(J) FINALITY OF DETERMINATIONS.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the decision of the asy-
lum officer shall be the final administrative
determination of a claim for asylum.
‘‘(ii) REVIEW
BY
ATTORNEY
GEN-
ERAL.—The Attorney General may reverse
an asylum officer’s determination to grant
asylum if, in the sole discretion of the At-
torney General, the Attorney General de-
termines that the grant of asylum was not
warranted or was not in the public inter-
est.
‘‘(c) DENIAL OF IMMIGRATION BENEFITS FOR FRIV-
OLOUS APPLICATIONS.—If the asylum officer determines
that an alien has made a frivolous or fraudulent applica-
tion for asylum under this section, the alien shall be per-
manently ineligible for any benefits under this Act, effec-
tive as of the date of a final determination on such appli-
cation.’’.
SEC. 103. FAILURE TO APPEAR FOR ASYLUM HEARING.
Section 242B(e)(4) (8 U.S.C. 1252b(e)(4)) is amend-
ed in subparagraph (A), by striking all after clause (iii)
and inserting ‘‘shall not be eligible for any benefits under
this Act.’’.
SEC. 104. JUDICIAL REVIEW.
Section 235 of the Immigration and Nationality Act
(8 U.S.C. 1225) is amended by adding at the end the fol-
lowing:
‘‘(d) Notwithstanding any other provision of law, no
court shall have jurisdiction to review, except by petition
for habeas corpus, any determination made with respect
to an alien found excludable pursuant to titles I or II of
this Act. In any such case, review by habeas corpus shall
be limited to examination of whether the petitioner (I) is
an alien, and (II) was ordered excluded from the United
States pursuant to the provisions of this Act. Regardless
of the nature of the suit or claim, no court shall have juris-
diction except as provided in this subsection to consider
the validity of any adjudication or determination of exclu-
sion, to certify a class in an action challenging the exclu-
sion provisions of this Act or any portion or implementa-
tion thereof, or to provide declaratory or injunctive relief
with respect to the exclusion of any alien.
‘‘(e) In any action brought for the assessment of pen-
alties for improper entry or reentry of an alien under sec-
tions 275, 276, 277, or 278 of the Immigration and Na-
tionality Act, no court shall have jurisdiction to hear
claims collaterally attacking the validity of orders of exclu-
sion, or deportation entered under sections 235, 236, or
242 of that Act.’’.
SEC. 105. CONFORMING AMENDMENTS.
(a) LIMITATION ON DEPORTATION.—Section 243 (8
U.S.C. 1253) is amended by striking subsection (h).
(b) ADJUSTMENT OF STATUS.—Section 209(b) of the
Immigration and Nationality Act (8 U.S.C. 1159(b)) is
amended—
(1) in paragraph (2) by striking ‘‘one year’’ and
inserting ‘‘5 years’’; and
(2) by amending paragraph (3) to read as
follows:
‘‘(3) continues to be eligible for asylum under
section 208,’’.
(c) ALIENS
INELIGIBLE
FOR
TEMPORARY
PRO-
TECTED STATUS.—Section 244A(c)(2)(B)(ii) of the Immi-
gration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)(ii))
is amended by striking ‘‘section 243(h)(2)’’ and inserting
‘‘clauses (i), (ii), or (iii) of section 208(a)(2)(B)’’.
(d) ELIGIBILITY
FOR
NATURALIZATION.—Section
316(f)(1) of the Immigration and Nationality Act (8
U.S.C. 1427(f)(1)) is amended by striking ‘‘subpara-
graphs (A) through (D) of paragraph 243(h)(2)’’ and in-
serting ‘‘clauses (i), (ii) or (iii) of section 208(a)(2)(B)’’.
(e) FAMILY UNITY.—Section 301(e) of the Immigra-
tion Act of 1990 (Public Law 101–649) is amended by
striking ‘‘section 243(h)(2)’’ and inserting ‘‘clauses (i), (ii)
or (iii) of section 208(a)(2)(B)’’.
SEC. 106. EFFECTIVE DATE.
The amendments made by this title shall take effect
30 days after the date of the enactment of this Act.
TITLE II—PROHIBITION OF FED-
ERAL 
BENEFITS 
FOR 
CER-
TAIN ALIENS
SEC. 201. PROHIBITION OF DIRECT FEDERAL FINANCIAL
BENEFITS TO CERTAIN ALIENS.
(a) IN GENERAL.—Except as otherwise provided in
this section, notwithstanding any other provision of law,
no direct Federal financial or inkind benefit or social in-
surance benefit, including (but not limited to)—
(1) old age, survivors, and disability benefits
under title II of the Social Security Act;
(2) payments under the aid to families with de-
pendent children program under part A of title IV
of the Social Security Act;
(3) benefits under the supplemental security in-
come program under title XVI of the Social Security
Act;
(4) medical insurance for the elderly and dis-
abled under title XVIII of the Social Security Act;
(5) medical assistance for families, the elderly,
and disabled under title XIX of the Social Security
Act;
(6) food stamps under the Food Stamp Act of
1977;
(7) financial assistance as defined in section
214(b) of the Housing and Community Development
Act of 1980;
(8) legal services under the Legal Services Cor-
poration Act of 1974; and
(9) unemployment benefits under an unemploy-
ment compensation law of the United States or any
State;
may be paid or otherwise made available to any person
unless the requirements of subsection (e) are satisfied.
(b) UNEMPLOYMENT BENEFITS.—Notwithstanding
any other provision of law, no period of an alien’s employ-
ment that is not authorized under the Immigration and
Nationality Act and no compensation paid with respect to
such employment shall be counted in determining either
eligibility for unemployment benefits or the amount of un-
employment benefits payable to any person under any un-
employment compensation law of the United States or any
State.
(c) SOCIAL SECURITY BENEFITS.—Notwithstanding
any other provision of law, wages paid with respect to em-
ployment of an alien that is not authorized under the Im-
migration and Nationality Act shall not be taken into ac-
count in crediting quarters of coverage for any person
under title II of the Social Security Act.
(d) EXCEPTION.—Subsection (a) shall not apply to
medical treatment for conditions that, if not treated
promptly, would endanger life, prolong severe pain, result
in permanent and severe physical disability, or pose a
grave public health risk.
(e) In the case of any application by or on behalf of
any person for any direct Federal financial or in-kind ben-
efit or social insurance benefit, the requirements of this
subsection are satisfied only if—
(1) application for the benefit is made in writ-
ing to the agency or department authorized to pay
or make available the benefit;
(2) the application includes the name, sex, birth
date, birth place, social security number, and alien
identification number (if any) of such person (and of
any parent or guardian making application on behalf
of a minor or incompetent person);
(3) the application includes an affirmation
under penalty of perjury by such person, or by a
parent or guardian making application on behalf of
a minor or incompetent person, that—
(A) such person is a citizen of the United
States or an alien who is a grantee of asylum,
a lawfully admitted refugee, or other alien law-
fully admitted for permanent residence, and
(B) to the best of the affiant’s knowledge,
all information in the application is true and
correct;
(4) the application is accompanied by a photo-
copy of such person’s certificate of birth in the
United States, certificate of naturalization, or
unexpired alien identification document issued by
the Immigration and Naturalization Service;
(5) the application, if made on behalf of such
person by a parent or guardian of such person, in-
cludes an affirmation under penalty of perjury by
such parent or guardian that such parent or guard-
ian is a citizen of the United States, an alien not
present in the United States, an alien lawfully
present in the United States, or an alien unlawfully
present in the United States;
(6) the application, if made on behalf of such
person by a parent or guardian of such person, is
accompanied by—
(A) a photocopy of such parent’s or guard-
ian’s certificate of birth in the United States,
certificate of naturalization, or alien identifica-
tion document, or
(B) a statement by such parent or guard-
ian under penalty of perjury that such agent or
guardian is an alien outside the United States
who has not been issued an unexpired alien
identification document by the Immigration and
Naturalization Service; and
(7) the Social Security Administration has con-
firmed to such agency or department that the social
security number of such person and the social secu-
rity number of such parent or guardian, if any, is
valid and existing and was issued to the person hav-
ing the name, sex, birth date, and birth place given
in the application;
(8) the registrar of births or equivalent official
of each State that issued any birth certificate or cer-
tificates accompanying the application has confirmed
the authenticity of each such certificate to such de-
partment or agency; and
(9) the Immigration and Naturalization Service
has confirmed to such department or agency that—
(A) the alien identification number, if any,
of such person and the alien identification num-
ber, if any, of such parent or guardian is valid
and existing and was issued to the person hav-
ing the name, sex, birth date, and birth place
given in the application, and
(B) any certificate of naturalization or
alien identification document accompanying the
application is authentic and was issued to the
person having the name, birth date, and birth
place given in the application.
TITLE III—CITIZENSHIP
SEC. 301. BASIS OF CITIZENSHIP CLARIFIED.
In the exercise of its powers under section 5 of the
Fourteenth Article of Amendment to the Constitution of
the United States, the Congress has determined and here-
by declares that any person born after the date of enact-
ment of this title to a mother who is neither a citizen or
national of the United States nor admitted to the United
States as a lawful permanent resident, and which person
is a citizen or national of another country of which either
of his or her natural parents is a citizen or national, or
is entitled upon application to become a citizen or national
of such country, shall be considered as born subject to the
jurisdiction of that foreign country and not subject to the
jurisdiction of the United States within the meaning of
section 1 of such Article and shall therefore not be a citi-
zen of the United States or of any State solely by reason
of birth in the United States.
TITLE IV—BORDER PATROL
SEC. 401. BORDER PATROL PERSONNEL.
The number of full-time officer positions in the Bor-
der Patrol of the United States shall be increased from
the number authorized in fiscal year 1995 by 1,000 in
each of the succeeding 5 fiscal years.
Æ