I
105TH CONGRESS
2D SESSION
H. R. 4251
To provide for the assessment of civil penalties for aliens who illegally enter
the United States and for persons smuggling aliens within the United States.
IN THE HOUSE OF REPRESENTATIVES
JULY 16, 1998
Mr. DEAL of Georgia (for himself, Mr. ROHRABACHER, Mr. CUNNINGHAM,
Mr. BILBRAY, Mr. STUMP, Mr. TRAFICANT, Mr. NORWOOD, Mr. BLILEY,
Mr. RILEY, and Mr. GALLEGLY) introduced the following bill; which was
referred to the Committee on the Judiciary
A BILL
To provide for the assessment of civil penalties for aliens
who illegally enter the United States and for persons
smuggling aliens within the United States.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Illegal Alien Forfeiture
Act of 1998’’.
SEC. 2. PURPOSE.
It is the purpose of this Act to provide for civil pen-
alties as disincentives for aliens who illegally enter the
United States, persons smuggling aliens and persons act-
ing as agents of smugglers of aliens, and aliens using the
services of smugglers and transporters to gain entry into
the United States and to be transported to places within
the United States.
SEC. 3. CIVIL PENALTY FOR ILLEGAL ENTRY.
(a) ASSET SEIZURE.—Section 275 of the Immigra-
tion and Nationality Act (8 U.S.C. 1325) is amended by
adding after subsection (d) the following new subsection:
‘‘(e)(1) The assets of a person subject to civil pen-
alties under subsection (b) (including cash and other per-
sonal or real property) may be seized and held as security
against payment of such civil penalty for a period not to
exceed 30 days, at which time such assets may be for-
feited, liquidated, and applied toward satisfaction of any
outstanding civil penalty under subsection (b).
‘‘(2) Any part of a civil penalty not satisfied by the
seizure and liquidation of assets under paragraph (1) shall
remain as an outstanding indebtedness to the United
States Government until paid in full.’’.
(b) ASSESSMENT
OF
CIVIL
PENALTY.—Section
275(b) of the Immigration and Nationality Act (8 U.S.C.
1325(b)) is amended by striking ‘‘shall be subject to a civil
penalty’’ and inserting ‘‘shall be assessed a civil penalty’’.
SEC. 4. CIVIL PENALTY FOR TRANSPORTING ALIEN ILLE-
GALLY PRESENT IN UNITED STATES.
Section 274 of the Immigration and Nationality Act
(8 U.S.C. 1324) is amended by adding after subsection
(d) the following new subsection:
‘‘(e)(1) Any person operating any vehicle, vessel, or
conveyance of any kind and transporting into or within
the United States an alien who has not been lawfully in-
spected and admitted by an immigration officer or an alien
residing in the United States in violation of the terms of
admission as a nonimmigrant shall be assessed a civil pen-
alty of not less than $3,000 for each such alien being
transported.
‘‘(2) Any alien being transported into or within the
United States under paragraph (1) shall be assessed a civil
penalty of not less than $1,000.
‘‘(3) Civil penalties under this subsection are in addi-
tion to, and not in lieu of, any criminal or other civil pen-
alties that may be imposed.
‘‘(4) The assets of a person subject to civil penalties
under paragraphs (1) or (2), including cash and other per-
sonal or real property, may be seized and held as security
against payment of such civil penalty for a period not to
exceed 30 days, at which time such assets may be for-
feited, liquidated, and applied toward satisfaction of any
outstanding civil penalty under subsection (b).
‘‘(5) Any part of a civil penalty not satisfied by the
seizure and liquidation of assets under paragraph (4) shall
remain as an outstanding indebtedness to the United
States Government until paid in full.’’.
SEC. 5. ADDITION OF ALIENS OWING AN INDEBTEDNESS TO
THE 
UNITED 
STATES 
GOVERNMENT 
TO
CLASSES OF ALIENS INELIGIBLE TO RECEIVE
VISAS AND INELIGIBLE FOR ADMISSION.
Section 212(a)(2) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(2)) is amended—
(1) by redesignating subparagraph (F) as sub-
paragraph ‘‘(G)’’; and
(2) by inserting after subparagraph (E) the fol-
lowing new subparagraph:
‘‘(F) DEBT OWED TO UNITED STATES GOV-
ERNMENT.—Any alien owing an indebtedness to
the United States Government resulting from
civil penalties assessed in accordance with sec-
tions 274 or 275 is inadmissible.’’.
SEC. 6. ADDITION OF ALIENS OWING AN INDEBTEDNESS TO
THE 
UNITED 
STATES 
GOVERNMENT 
TO
CLASSES OF DEPORTABLE ALIENS.
Section 237(a) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)) is amended by adding after para-
graph (6) the following new paragraph:
‘‘(7) DEBT OWED TO UNITED STATES GOVERN-
MENT.—Any alien owing an indebtedness to the
United States Government resulting from civil pen-
alties assessed in accordance with sections 274 or
275 is deportable.’’.
SEC. 7. INCREASE IN CIVIL PENALTY FOR ENTRY OF ALIEN
AT IMPROPER TIME AND PLACE.
Section 275(b)(1) of the Immigration and Nationality
Act (8 U.S.C. 1325(b)(1)) is amended by striking ‘‘at
least $50 and not more than $250 for each such entry’’
and inserting ‘‘at least $250 and not more than $750 for
each such entry’’.
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