I
104TH CONGRESS
1ST SESSION
H. R. 1018
To amend the Immigration and Nationality Act and other laws of the United
States relating to border security, illegal immigration, alien eligibility
for Federal financial benefits and services, criminal activity by aliens,
alien smuggling, fraudulent document use by aliens, asylum, terrorist
aliens, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 23, 1995
Mr. HUNTER (for himself, Mr. MOORHEAD, Mr. YOUNG of Alaska, Mr.
ROHRABACHER, Mr. MCCOLLUM, Mr. KIM, Mr. CUNNINGHAM, Mr. CAL-
VERT, Mr. STUMP, Mr. BURTON of Indiana, Mr. BRYANT of Tennessee,
Mr. GALLEGLY, Mr. COLLINS of Georgia, Mr. CANADY of Florida, Mr.
GOODLATTE, Mr. MCKEON, Mr. BILBRAY, Mr. SHAW, Mr. SAM JOHNSON
of Texas, Mr. SAXTON, Mr. HOLDEN, Mr. DOOLITTLE, Mr. PACKARD,
Mr. DREIER, Mr. RIGGS, Mr. HERGER, Mr. BAKER of California, Mr.
POMBO, Mr. RADANOVICH, Mrs. SEASTRAND, Mr. LEWIS of California,
Mr. BONO, Mr. DORNAN, Mrs. MEYERS of Kansas, Mr. BEREUTER, Mr.
COX of California, Mr. HORN, Mr. ROYCE, and Mr. THOMAS) introduced
the following bill; which was referred to the Committee on the Judiciary
and, in addition, to the Committees on National Security, Banking and
Financial Services, Ways and Means, and Government Reform and Over-
sight, for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the jurisdiction of
the committee concerned
A BILL
To amend the Immigration and Nationality Act and other
laws of the United States relating to border security,
illegal immigration, alien eligibility for Federal financial
benefits and services, criminal activity by aliens, alien
smuggling, fraudulent document use by aliens, asylum,
terrorist aliens, and for other purposes.
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 Immigration
Control Act of 1995’’.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—INTERDICTION
Sec. 101. Physical barriers.
Sec. 102. Border patrol agents.
Sec. 103. Interior repatriation program.
Sec. 104. Detention facilities.
Sec. 105. Notice to service of port of entry arrivals.
TITLE II—ALIEN SMUGGLING
Sec. 201. Expanded forfeiture for smuggling or harboring illegal aliens.
Sec. 202. Including alien smuggling as a racketeering activity for purposes of
racketeering influenced and corrupt organizations (RICO) en-
forcement authority.
Sec. 203. Enhanced penalties for certain alien smuggling and for employers
who knowingly employ smuggled aliens.
Sec. 204. Wiretap authority for alien smuggling investigations.
TITLE III—EMPLOYMENT
Sec. 301. Improvement of work eligibility documents.
Sec. 302. Immigration and Naturalization Service investigators.
TITLE IV—GOVERNMENT BENEFITS
Sec. 401. Prohibition of benefits for certain categories of aliens.
Sec. 402. Unemployment benefits.
Sec. 403. Housing benefits.
Sec. 404. Save system.
Sec. 405. Limitation on Federal financial assistance to localities that refuse to
cooperate in the arrest and deportation of unlawful aliens.
Sec. 406. Uniform vital statistics.
TITLE V—CRIMINAL ALIENS
Sec. 501. Authorizing registration of aliens on criminal probation or criminal
parole.
Sec. 502. Restricting defenses to deportation for certain criminal aliens.
Sec. 503. Miscellaneous and technical changes.
Sec. 504. Criminal alien tracking center.
Sec. 505. Prisoner transfer treaty study.
Sec. 506. Expediting criminal alien deportation and exclusion.
TITLE VI—TERRORIST ALIENS
Sec. 601. Removal of alien terrorists.
Sec. 602. Membership in a terrorist organization as a basis for exclusion from
the United States under the Immigration and Nationality Act.
TITLE VII—INSPECTIONS
Sec. 701. Preinspection at foreign airports.
Sec. 702. Training of airline personnel in detection of fraudulent documents.
TITLE VIII—ASYLUM
Sec. 801. Inspection and exclusion by immigration officers.
Sec. 802. Asylum.
Sec. 803. Failure to appear for provisional asylum hearing; judicial review.
Sec. 804. Conforming amendments.
Sec. 805. Effective dates.
TITLE I—INTERDICTION
SEC. 101. PHYSICAL BARRIERS.
The Attorney General, in consultation with the Com-
missioner of the Immigration and Naturalization Service,
shall take action to install additional physical barriers at
the United States border to deter unauthorized crossings
in areas of high illegal entry into the United States. Such
additional barriers shall include barriers similar to those
in use in the San Diego, California, vicinity.
SEC. 102. BORDER PATROL AGENTS.
In addition to such amounts as are otherwise author-
ized to be appropriated, there is authorized to be appro-
priated for each of the fiscal years 1996, 1997, 1998,
1999, and 2000 for salaries and expenses of the Border
Patrol such amounts as may be necessary to provide for
an increase in the number of agents of the Border Patrol
to 10,000 full-time equivalent agent positions (and nec-
essary support personnel positions) beyond the number of
such positions authorized for the Border Patrol as of Octo-
ber 1, 1994.
SEC. 103. INTERIOR REPATRIATION PROGRAM.
Not later than 180 days after the date of enactment
of this Act, the Attorney General and the Commissioner
of the Immigration and Naturalization Service shall de-
velop and implement a program in which aliens who pre-
viously 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 loca-
tions not less than 500 kilometers from that country’s bor-
der with the United States.
SEC. 104. DETENTION FACILITIES.
(a) BORDER DETENTION FACILITIES.—Not later
than 180 days after the date of enactment of this Act,
the Attorney General and the Commissioner of the Immi-
gration and Naturalization Service shall take appropriate
action to increase the capability of the Immigration and
Naturalization Service to detain individuals who have ille-
gally entered the United States at a border area.
(b) TRANSFER OF CLOSED MILITARY BASES FOR
FEDERAL
ILLEGAL
ALIEN
INCARCERATION
FACILI-
TIES.—
(1) PRIORITY AVAILABILITY TO DEPARTMENT
OF JUSTICE.—Notwithstanding any other provision
of law, a military installation or facility of the De-
partment of Defense to be closed under a base clo-
sure law may be made available, as determined by
the Attorney General, to the Bureau of Prisons of
the Department of Justice for use as a facility for
the incarceration of aliens who are subject to exclu-
sion or deportation from the United States.
(2) DEFINITION.—For purposes of this sub-
section, the term ‘‘base closure law’’ means each of
the following:
(A) The Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note).
(B) Title II of the Defense Authorization
Amendments and Base Closure and Realign-
ment Act (Public Law 100–526; 10 U.S.C.
2687 note).
(C) Section 2687 of title 10, United States
Code.
(D) Any other similar law enacted after
the date of the enactment of this Act.
SEC. 105. NOTICE TO SERVICE OF PORT OF ENTRY ARRIV-
ALS.
The Attorney General is authorized to require, by
regulation, not less than 24 hour advance notice to the
Immigration and Naturalization Service of the intention
of any vessel to arrive at any port of entry.
TITLE II—ALIEN SMUGGLING
SEC. 201. EXPANDED FORFEITURE FOR SMUGGLING OR
HARBORING ILLEGAL ALIENS.
(a) IN GENERAL.—Paragraph (1) of section 274(b)
of the Immigration and Nationality Act (8 U.S.C.
1324(b)) is amended to read as follows:
‘‘(1)(A) Except as provided in subparagraph (B), the
following property shall be subject to seizure and forfeit-
ure:
‘‘(i) Any conveyance, including any vessel, vehi-
cle, or aircraft, which has been or is being used in
the commission of a violation of subsection (a).
‘‘(ii) Any property, real or personal, which—
‘‘(I) constitutes, or is derived from or
traceable to, the proceeds obtained directly or
indirectly from the commission of a violation of
subsection (a), or
‘‘(II) is used to facilitate, or is intended to
be so used in the commission of, a violation of
subsection (a)(1)(A).
‘‘(B)(i) No property used by any person as a common
carrier in the transaction of business as a common carrier
shall be forfeited under this section, unless the owner or
other person with lawful custody of the property was a
consenting party to or privy to the violation of subsection
(a) or of section 274A(a)(1) or 274A(a)(2).
‘‘(ii) No property shall be forfeited under the provi-
sions of this section by reason of any act or omission es-
tablished by the owner to have been committed or omitted
by a person other than the owner while the property was
unlawfully in the possession of a person other than the
owner in violation of the criminal laws of the United
States or of any State.
‘‘(iii) No property shall be forfeited under the provi-
sions of this section to the extent of an interest of the
owner, by reason of any act or omission established by
the owner to have been committed or omitted without the
knowledge, consent, or willful disregard of the owner, un-
less the act or omission was committed or omitted by an
employee or agent of the owner or other person with lawful
custody of the property with the intent of furthering the
business interests of, or to confer any other benefit upon,
the owner or other person with lawful custody of the prop-
erty.’’.
(b) CONFORMING AMENDMENTS.—Section 274(b) of
such Act (8 U.S.C. 1324(b)) is amended—
(1) in paragraph (2)—
(A) by striking ‘‘conveyance’’ and inserting
‘‘property’’ each place it appears, and
(B) by striking ‘‘is being used in’’ and in-
serting ‘‘is being used in, is facilitating, has fa-
cilitated, is facilitating or was intended to facili-
tate’’; and
(2) in paragraphs (4) and (5), by striking ‘‘a
conveyance’’, ‘‘any conveyance’’, and ‘‘conveyance’’
and inserting ‘‘property’’ each place it appears.
SEC. 202. INCLUDING ALIEN SMUGGLING AS A RACKETEER-
ING ACTIVITY FOR PURPOSES OF RACK-
ETEERING INFLUENCED AND CORRUPT OR-
GANIZATIONS 
(RICO) 
ENFORCEMENT 
AU-
THORITY.
Section 1961(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘or’’ before ‘‘(E) any act’’, and
(2) by inserting before the period at the end the
following: ‘‘, or (F) any act which is indictable under
section 274(a)(1) of the Immigration and National-
ity Act (relating to alien smuggling)’’.
SEC. 203. ENHANCED PENALTIES FOR CERTAIN ALIEN
SMUGGLING 
AND 
FOR 
EMPLOYERS 
WHO
KNOWINGLY EMPLOY SMUGGLED ALIENS.
Section 274(a)(1) (8 U.S.C. 1324(a)(1)) is amend-
ed—
(1) by striking ‘‘or’’ at the end of subparagraph
(C),
(2) by striking the comma at the end of sub-
paragraph (D) and inserting ‘‘; or’’,
(3) by inserting after subparagraph (D) the fol-
lowing:
‘‘(E) contracts or agrees with another party for
that party to provide, for employment by the person
or another, an alien who is not authorized to be em-
ployed in the United States, knowing that such
party intends to cause such alien to be brought into
the United States in violation of the laws of the
United States,’’, and
(4) by striking ‘‘five years’’ and inserting ‘‘ten
years’’.
SEC. 204. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN-
VESTIGATIONS.
Section 2516(1) of title 18, United State Code, is
amended—
(1) in paragraph (c) by inserting after ‘‘weap-
ons),’’ the following: ‘‘or a felony violation of section
1028 (relating to production of false identification
documentation), section 1542 (relating to false
statements in passport applications), section 1546
(relating to fraud and misuse of visas, permits, and
other documents),’’;
(2) by striking out ‘‘or’’ after paragraph (l) and
redesignating paragraphs (m), (n), and (o) as para-
graphs (n), (o), and (p), respectively; and
(3) by inserting after paragraph (l) the follow-
ing new paragraph:
‘‘(m) a violation of section 274 of the Immigration
and Nationality Act (8 U.S.C. 1324) (relating to alien
smuggling), of section 277 of the Immigration and Nation-
ality Act (8 U.S.C. 1327) (relating to the smuggling of
aliens convicted of aggravated felonies or of aliens subject
to exclusion on grounds of national security), or of section
278 of the Immigration and Nationality Act (8 U.S.C.
1328) (relating to smuggling of aliens for the purpose of
prostitution or other immoral purpose);’’.
TITLE III—EMPLOYMENT
SEC. 301. IMPROVEMENT OF WORK ELIGIBILITY DOCU-
MENTS.
(a) WORK ELIGIBILITY DOCUMENTS AND VERIFICA-
TION OF ELIGIBILITY TO WORK.—Section 274A(b) of the
Immigration and Nationality Act is amended—
(1) by striking paragraph (1) of subsection (b)
and inserting:
‘‘(1) ATTESTATION AFTER EXAMINATION AND
VERIFICATION OF DOCUMENTATION.—The person or
entity must attest, under penalty or perjury and on
a form designated or established by the Attorney
General by regulation, that it has verified that the
individual is not an unauthorized alien by—
‘‘(A) examining the individual’s Social Se-
curity account number card issued pursuant to
subsection (d)(1), and
‘‘(B) verifying the individual’s Social Secu-
rity account number through the verification
system established pursuant to subsection
(d)(4).’’,
(2) by inserting the following paragraph and re-
designating the subsequent paragraphs accordingly:
‘‘(2) VERIFICATION OF CONTINUED WORK ELI-
GIBILITY
FOR
ALIENS
WITH
LIMITED
WORK
AU-
THORIZATION.—In the case of an alien whose work
authorization has an expiration date, a person or en-
tity who continues to employ such an alien after the
date the employment authorization expires must ver-
ify, through the verification system established pur-
suant to subsection (d)(4), that the alien’s work au-
thorization has been extended.’’, and
(3) by adding at the end the following:
‘‘(7) Notwithstanding any other provision of
law, a person or entity may not be considered to dis-
criminate by requesting the production of the docu-
mentation required under this subsection in the hir-
ing, recruiting, or referring of an individual for em-
ployment in the United States.’’.
(b) EFFECTIVE DATES.—(1) Subsection (a)(1) shall
be effective as of July 1, 1996.
(2) Paragraphs (2) and (3) of subsection (a) shall
be effective upon enactment of this Act.
(c) ENHANCEMENT
OF SOCIAL SECURITY CARDS
AND ESTABLISHMENT OF EMPLOYMENT VERIFICATION
SYSTEM.—Section 274A(d) of the Immigration and Na-
tionality Act is amended to read as follows:
‘‘(d) EMPLOYMENT VERIFICATION SYSTEM.—
‘‘(1) ENHANCEMENT
OF
SOCIAL
SECURITY
CARDS.—
‘‘(A) ISSUANCE OF ENHANCED CARD FOR
CITIZENS.—The Secretary shall cause to be is-
sued enhanced Social Security account number
cards to United States citizens and United
States nationals who are 16 years of age or
older upon application, proof of identity, proof
of citizenship or nationality, and payment of a
reasonable fee.
‘‘(B) ISSUANCE OF ENHANCED CARD FOR
ALIENS.—The Secretary shall cause to be is-
sued enhanced Social Security account number
cards to aliens lawfully admitted for permanent
residence or who are otherwise authorized to
work in the United States and who are 16 years
of age or older upon application, proof of iden-
tity, verification of status by the Immigration
and Naturalization Service, and payment of a
reasonable fee.
‘‘(2) REQUIREMENTS OF NEW CARDS.—(A) The
cards issued pursuant to paragraph (1) shall—
‘‘(i) be uniform in appearance,
‘‘(ii) be as tamper-proof and counterfeit-re-
sistant as is practicable,
‘‘(iii) contain a photograph and such other
identifying information that is specific to each
person as the Secretary shall determine,
‘‘(iv) contain the name, sex, date of birth,
citizenship status, and Social Security account
number of the issuee, and
‘‘(v) incorporate a machine-readable encod-
ing of the information contained in the card.
‘‘(B) The cards issued pursuant to paragraph
(1)(B) to aliens who are not permanent resident
aliens shall indicate whether the work authorization
granted to the alien has an expiration date.
‘‘(3) IMPLEMENTATION.—(A) All Social Secu-
rity account number cards issued after July 1, 1996,
must be issued pursuant to the requirements under
this subsection.
‘‘(B) After July 1, 1996, individuals applying
for employment shall be required to apply for en-
hanced Social Security account cards to be issued
pursuant to paragraph (1).
‘‘(C) By January 1, 2000, all individuals who
are 16 years of age or older and who have a Social
Security account number must apply for Social Se-
curity account number card issued pursuant to para-
graph (1).
‘‘(4) VERIFICATION SYSTEM.—
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with the Attorney General, shall make
such modifications and improvements as are
necessary to current data bases and systems to
develop and implement a verification system
that a person or entity can access by telephone
or other electronic means. Such system shall
allow for verification that an individual’s Social
Security account number—
‘‘(i) has been issued,
‘‘(ii) was issued to an individual au-
thorized to work in the United States, and
‘‘(iii) is not a number issued to a de-
ceased individual that has not been re-
issued.
The system shall also provide any other infor-
mation that the Secretary and Attorney General
determine is needed to verify that the number
is a number issued validly to the individual and
that such individual is authorized to work in
the United States.
‘‘(B) ACCESS FEE.—A fee, not to exceed
$2 plus any line charges payable to a telephone
carrier or equivalent entity, shall be charged for
each instance of accessing the verification sys-
tem to pay for the costs of operating the sys-
tem.
‘‘(C) EFFECTIVE DATE.—The verification
system required by this paragraph shall be
operational by July 1, 1996.
‘‘(5) FUNDING OF EMPLOYMENT VERIFICATION
SYSTEM.—
‘‘(A) The amount of the fee that is to be
charged under paragraph (1) shall be the
amount (rounded to the nearest whole dollar),
not exceeding $40, required to cover the costs
of issuing the cards. The Secretary shall pro-
vide for the waiver of any fee for persons un-
able to pay.
‘‘(B) Any costs incurred in developing and
implementing the new Social Security account
number cards and verification system estab-
lished under this subsection that exceed the fees
collected under paragraph (1) shall not be paid
for out of any trust fund established under the
Social Security Act.
‘‘(6) PRIVACY PROTECTIONS.—
‘‘(A) Any personal information utilized by
the system may not be made available to Gov-
(A) in subsection (b), by striking ‘‘following
three paragraphs’’ and inserting ‘‘following four
paragraphs’’, and
(B) by striking subsections (i), (j), (k), (l), (m),
and (n).
(2) This subsection shall be effective on July 1, 1996.
SEC. 302. IMMIGRATION AND NATURALIZATION SERVICE
INVESTIGATORS.
In addition to such amounts as are otherwise author-
ized to be appropriated, there is authorized to be appro-
priated for each of the fiscal years 1996, 1997, 1998,
1999, and 2000 for salaries and expenses of the Immigra-
tion and Naturalization Service such amounts as may be
necessary to provide for an increase in the number of in-
vestigators of the Immigration and Naturalization Service
by 1,000 full-time equivalent investigator positions (and
such support personnel as are necessary) beyond the num-
ber of such positions authorized as of October 1, 1994.
TITLE IV—GOVERNMENT
BENEFITS
SEC. 401. PROHIBITION OF BENEFITS FOR CERTAIN CAT-
EGORIES OF ALIENS.
(a) DIRECT FEDERAL FINANCIAL BENEFITS.—Sub-
ject to subsection (b) and the Immigration and Nationality
Act, and notwithstanding any other provision of law, an
alien not lawfully within the United States as a permanent
resident, a refugee, an asylee, or a parolee is not eligible
for any direct Federal financial benefit or social insurance
benefit (whether through grant, loan, guarantee, or other-
wise) as such benefits are identified by the Attorney Gen-
eral in consultation with other appropriate heads of the
various departments and agencies of the Federal Govern-
ment.
(b) EMERGENCY MEDICAL CARE.—Subsection (a)
shall not apply with respect to the Federal reimbursement
of emergency medical care for aliens, as determined by the
Secretary of Health and Human Services by regulation.
SEC. 402. UNEMPLOYMENT BENEFITS.
(a) An alien who has not been granted employment
authorization pursuant to the Immigration and National-
ity Act or other Federal law shall be ineligible for unem-
ployment compensation under an unemployment com-
pensation law of a State or the United States.
(b) An alien granted temporary work authorization
shall be eligible only for unemployment compensation
under an employment compensation law of a State or the
United States that accrued during such time as the alien
was authorized to work.
SEC. 403. HOUSING BENEFITS.
(a) LIMITATION.—Notwithstanding section 401 or
any other provision of law, no alien who is not a perma-
nent resident, a refugee, an asylee, or a parolee shall be
eligible for benefits under the following provisions of law:
(1) The program of rental assistance on behalf
of low-income families provided under section 8 of
the United States Housing Act of 1937 (42 U.S.C.
1437f).
(2) The program of assistance to public housing
under title I of the United States Housing Act of
1937 (42 U.S.C. 1437 et seq.).
(3) The loan program under section 502 of the
Housing Act of 1949 (42 U.S.C. 1472).
(4) The program of interest reduction payments
pursuant to contracts entered into by the Secretary
of Housing and Urban Development under section
236 of the National Housing Act (12 U.S.C. 1715z–
1).
(5) The program of loans for rental and cooper-
ative housing under section 515 of the Housing Act
of 1949 (42 U.S.C. 1485).
(6) The program of rental assistance payments
pursuant to contracts entered into under section
521(a)(2)(A) of the Housing Act of 1949 (42 U.S.C.
1490a(a)(2)(A)).
(7) The program of assistance payments on be-
half of homeowners under section 235 of the Na-
tional Housing Act (12 U.S.C. 1715z).
(8) The program of rent supplement payments
on behalf of qualified tenants pursuant to contracts
entered into under section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s).
(9) The loan and grant programs under section
504 of the Housing Act of 1949 (42 U.S.C. 1474)
for repairs and improvements to rural dwellings.
(10) The loan and assistance programs under
sections 514 and 516 of the Housing Act of 1949
(42 U.S.C. 1484, 1486) for housing for farm labor.
(11) The program of grants for preservation
and rehabilitation of housing under section 533 of
the Housing Act of 1949 (42 U.S.C. 1490m).
(12) The program of grants and loans for mu-
tual and self-help housing and technical assistance
under section 523 of the Housing Act of 1949 (42
U.S.C. 1490c).
(13) The program of site loans under section
524 of the Housing Act of 1949 (42 U.S.C. 1490d).
(b) REGULATIONS.—Not later than January 1, 1995,
the Secretary of Housing and Urban Development shall
issue final regulations to carry out subsection (a).
SEC. 404. SAVE SYSTEM.
There are authorized to be appropriated for each of
the fiscal years 1996, 1997, 1998, 1999, and 2000 such
sums as may be necessary to carry out the purposes of
the automated SAVE system established under section
121 of the Immigration Reform and Control Act of 1986
(Public Law 99–603).
SEC. 405. LIMITATION ON FEDERAL FINANCIAL ASSIST-
ANCE TO LOCALITIES THAT REFUSE TO CO-
OPERATE IN THE ARREST AND DEPORTATION
OF UNLAWFUL ALIENS.
Notwithstanding any other provision of law, Federal
financial assistance shall be reduced by 20 percent to any
local government on and after such date as the Attorney
General certifies that the local government has an official
policy of refusing to cooperate with officers or employees
of the Department of Justice (including the Immigration
and Naturalization Service) with respect to the arrest and
deportation of aliens who are not lawfully present within
the United States. Such reduction in assistance is not re-
imbursable and shall continue for as long as the policy
of noncooperation remains in effect.
SEC. 406. UNIFORM VITAL STATISTICS.
(a) PILOT PROGRAM.—The Secretary of Health and
Human Services shall consult with the State agency re-
sponsible for registration and certification of births and
deaths and, within 3 years of the date of enactment of
this Act, shall establish a pilot program for 3 of the 5
States with the largest number of undocumented aliens
of an electronic network linking the vital statistics records
of such States. The network shall provide, where practical,
for the matching of deaths with births and shall enable
the confirmation of births and deaths of citizens of such
States, or of aliens within such States, by any Federal
or State agency or official in the performance of official
duties. The Secretary and participating State agencies
shall institute measures to achieve uniform and accurate
reporting of vital statistics into the pilot program network,
to protect the integrity of the registration and certification
process, and to prevent fraud against the Government and
other persons through the use of false birth or death cer-
tificates.
(b) REPORT.—Not later than 180 days after the es-
tablishment of the pilot program under subsection (a), the
Secretary shall issue a written report to Congress with rec-
ommendations on how the pilot program could effectively
be instituted as a national network for the United States.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated for fiscal year 1996 and
for subsequent fiscal years such sums as may be necessary
to carry out this section.
(1) striking out the final sentence and inserting
in lieu thereof the following new subparagraph:
‘‘(E) the alien has been convicted of an ag-
gravated felony.’’; and
(2) striking out the ‘‘or’’ at the end of subpara-
graph (C) and inserting ‘‘or’’ at the end of subpara-
graph (D).
SEC. 503. MISCELLANEOUS AND TECHNICAL CHANGES.
(a) FORM OF DEPORTATION HEARINGS.—The sec-
ond sentence of section 242(b) of the Immigration and
Nationality Act (8 U.S.C. 1252(b)) is amended by insert-
ing before the period the following: ‘‘; except that nothing
in this subsection shall preclude the Attorney General
from authorizing proceedings by electronic or telephonic
media (with or without the consent of the alien) or, where
waived or agreed to by the parties, in the absence of the
alien.’’.
(b) CONSTRUCTION OF EXPEDITED DEPORTATION
REQUIREMENTS.—No amendment made by this Act shall
be construed to create any right or benefit, substantive
or procedural, which is legally enforceable by any party
against the United States, its agencies, its officers or any
other person.
(c) COLLATERAL ATTACKS ON UNDERLYING DEPOR-
TATION ORDER.—Section 276 of the Immigration and Na-
tionality Act (8 U.S.C. 1326) is amended by inserting
after subsection (b) the following new subsection:
‘‘(c) In any criminal proceeding under this section,
no alien may challenge the validity of the deportation
order described in subsection (a)(1) or subsection (b) un-
less the alien demonstrates—
‘‘(1) that the alien exhausted the administrative
remedies (if any) that may have been available to
seek relief against such order,
‘‘(2) that the deportation proceedings at which
such order was issued improperly deprived the alien
of the opportunity for judicial review, and
‘‘(3) that the entry of such order was fun-
damentally unfair.’’.
SEC. 504. CRIMINAL ALIEN TRACKING CENTER.
(a) OPERATION.—The Commissioner of Immigration
and Naturalization, with the cooperation of the Director
of the Federal Bureau of Investigation and the heads of
other agencies, shall, under the authority of section
242(a)(3)(A) of the Immigration and Nationality Act (8
U.S.C. 1252(a)(3)(A)), operate a criminal alien tracking
center.
(b) PURPOSE.—The criminal alien tracking center
shall be used to assist Federal, State, and local law en-
forcement agencies in identifying and locating aliens who
may be subject to deportation by reason of their conviction
of aggravated felonies.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$2,000,000 for fiscal year 1996 and $5,000,000 for each
of the fiscal years 1997, 1998, 1999, and 2000.
SEC. 505. PRISONER TRANSFER TREATY STUDY.
(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 (in this section referred to
as the ‘‘Treaty’’) with Mexico 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.
(4) The number of aliens who are incarcerated
in a penal institution in the United States who are
eligible for transfer pursuant to the Treaty.
(5) The number of aliens described in para-
graph (4) who are incarcerated in State and local
penal institutions.
(c) EFFECTIVENESS OF TREATY.—The report under
subsection (a) shall include the recommendations of the
Secretary of State and the Attorney General to increase
the effectiveness and use of, and full compliance with, the
Treaty. In considering the recommendations under this
subsection, the Secretary and the Attorney General shall
consult with such State and local officials in areas dis-
proportionately impacted by aliens convicted of criminal
offenses as the Secretary and the Attorney General con-
sider appropriate. Such recommendations shall address
the following areas:
(1) Changes in Federal laws, regulations, and
policies affecting the identification, prosecution, and
deportation of aliens who have committed a criminal
offense in the United States.
(2) Changes in State and local laws, regula-
tions, and policies affecting the identification, pros-
ecution, and deportation of aliens who have commit-
ted a criminal offense in the United States.
(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. 506. EXPEDITING CRIMINAL ALIEN DEPORTATION AND
EXCLUSION.
(a) CONVICTED DEFINED.—Section 241(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1251(a)(2))
is amended by adding at the end the following new sub-
paragraph:
‘‘(E) CONVICTED DEFINED.—In this para-
graph, the term ‘convicted’ means a judge or
jury has found the alien guilty or the alien has
entered a plea of guilty or nolo contendere,
whether or not the alien appeals therefrom.’’.
(b) DEPORTATION OF CONVICTED ALIENS.—
(1) IMMEDIATE DEPORTATION.—Section 242(h)
of such Act (8 U.S.C. 1252(h)) is amended—
(A) by striking ‘‘(h) An alien’’ and insert-
ing ‘‘(h)(1) Subject to paragraph (2), an alien’’;
and
(B) by adding at the end the following new
paragraph:
‘‘(2) An alien sentenced to imprisonment may be de-
ported prior to the termination of such imprisonment by
the release of the alien from confinement, if the Service
petitions the appropriate court or other entity with author-
ity concerning the alien to release the alien into the cus-
tody of the Service for execution of an order of deporta-
tion.’’.
(2) PROHIBITION
OF
REENTRY
INTO
THE
UNITED STATES.—Section 212(a)(2) of such Act (8
U.S.C. 1182(a)(2)) is amended—
(A) by redesignating subparagraph (F) as
subparagraph (G); and
(B) by inserting after subparagraph (E)
the following new subparagraph:
‘‘(F) ALIENS DEPORTED BEFORE SERVING
MINIMUM PERIOD OF CONFINEMENT.—In addi-
tion to any other period of exclusion which may
apply an alien deported pursuant to section
242(h)(2) is excludable during the minimum pe-
riod of confinement to which the alien was sen-
tenced.’’.
(c) EXECUTION OF DEPORTATION ORDERS.—Section
242(i) of such Act (8 U.S.C. 1252(i)) is amended by add-
ing at the end the following: ‘‘An order of deportation may
not be executed until all direct appeals relating to the con-
viction which is the basis of the deportation order have
been exhausted.’’.
TITLE VI—TERRORIST ALIENS
SEC. 601. REMOVAL OF ALIEN TERRORISTS.
The Immigration and Nationality Act (8 U.S.C. 1101
et seq.) is amended by inserting the following new section:
‘‘REMOVAL OF ALIEN TERRORISTS
‘‘SEC. 242C. (a) DEFINITIONS.—As used in this sec-
tion—
‘‘(1) the term ‘alien terrorist’ means any alien
described in section 241(a)(4)(B);
‘‘(2) the term ‘classified information’ has the
same meaning as defined in section 1(a) of the Clas-
sified Information Procedures Act (18 U.S.C. App.
IV);
‘‘(3) the term ‘national security’ has the same
meaning as defined in section 1(b) of the Classified
Information Procedures Act (18 U.S.C. App. IV);
‘‘(4) the term ‘special court’ means the court
described in subsection (c) of this section; and
‘‘(5) the term ‘special removal hearing’ means
the hearing described in subsection (e) of this sec-
tion.
‘‘(b) APPLICATION FOR USE OF PROCEDURES.—The
provisions of this section shall apply whenever the Attor-
ney General certifies under seal to the special court that—
‘‘(1) the Attorney General or Deputy Attorney
General has approved of the proceeding under this
section;
‘‘(2) an alien terrorist is physically present in
the United States; and
‘‘(3) removal of such alien terrorist by deporta-
tion proceedings described in sections 242, 242A, or
242B would pose a risk to the national security of
the United States because such proceedings would
disclose classified information.
‘‘(c) SPECIAL COURT.—(1) The Chief Justice of the
United States shall publicly designate up to 7 judges from
up to 7 United States judicial districts to hear and decide
cases arising under this section, in a manner consistent
with the designation of judges described in section 103(a)
of the Foreign Intelligence Surveillance Act (50 U.S.C.
1803(a)).
‘‘(2) The Chief Justice may, in the Chief Justice’s
discretion, designate the same judges under this section
as are designated pursuant to 50 U.S.C. 1803(a).
‘‘(d) INVOCATION
OF
SPECIAL
COURT
PROCE-
DURE.—(1) When the Attorney General makes the appli-
cation described in subsection (b), a single judge of the
special court shall consider the application in camera and
ex parte.
‘‘(2) The judge shall invoke the procedures of sub-
section (e), if the judge determines that there is probable
cause to believe that—
‘‘(A) the alien who is the subject of the applica-
tion has been correctly identified;
‘‘(B) a deportation proceeding described in sec-
tions 242, 242A, or 242B would pose a risk to the
national security of the United States because such
proceedings would disclose classified information;
and
‘‘(C) the threat posed by the alien’s physical
presence is immediate and involves the risk of death
or serious bodily harm.
‘‘(e) SPECIAL REMOVAL HEARING.—(1) Except as
provided in paragraph (4), the special removal hearing au-
thorized by a showing of probable cause described in sub-
section (d)(2) shall be open to the public.
‘‘(2) The alien shall have a right to be present at such
hearing and to be represented by counsel. Any alien finan-
cially unable to obtain counsel shall be entitled to have
counsel assigned to represent such alien. Counsel may be
appointed as described in section 3006A of title 18, United
States Code.
‘‘(3) The alien shall have a right to introduce evi-
dence on his own behalf, and except as provided in para-
graph (4), shall have a right to cross-examine any witness
or request that the judge issue a subpoena for the pres-
ence of a named witness.
‘‘(4) The judge shall authorize the introduction in
camera and ex parte of any item of evidence for which
the judge determines that public disclosure would pose a
risk to the national security of the United States because
it would disclose classified information.
‘‘(5) With respect to any evidence described in para-
graph (4), the judge shall cause to be delivered to the alien
either—
‘‘(A)(i) the substitution for such evidence of a
statement admitting relevant facts that the specific
evidence would tend to prove, or (ii) the substitution
for such evidence of a summary of the specific evi-
dence; or
‘‘(B) if disclosure of even the substituted evi-
dence described in subparagraph (A) would create a
substantial risk of death or serious bodily harm to
any person, a statement informing the alien that no
such summary is possible.
‘‘(6) If the judge determines—
‘‘(A) that the substituted evidence described in
paragraph (4)(B) will provide the alien with sub-
stantially the same ability to make his defense as
would disclosure of the specific evidence, or
‘‘(B) that disclosure of even the substituted evi-
dence described in paragraph (5)(A) would create a
substantial risk of death or serious bodily harm to
any person,
then the determination of deportation (described in sub-
section (f)) may be made pursuant to this section.
‘‘(f) DETERMINATION OF DEPORTATION.—(1) If the
determination in subsection (e)(6)(A) has been made, the
judge shall, considering the evidence on the record as a
whole, require that the alien be deported if the Attorney
General proves, by clear and convincing evidence, that the
alien is subject to deportation because he is an alien as
described in section 241(a)(4)(B).
‘‘(2) If the determination in subsection (e)(6)(B) has
been made, the judge shall, considering the evidence re-
ceived (in camera and otherwise), require that the alien
be deported if the Attorney General proves, by clear, con-
vincing, and unequivocal evidence, that the alien is subject
to deportation because he is an alien as described in sec-
tion 241(a)(4)(B).
‘‘(g) APPEALS.—(1) The alien may appeal a deter-
mination under subsection (f) to the court of appeals for
the Federal Circuit, by filing a notice of appeal with such
court within 20 days of the determination under such sub-
section.
‘‘(2)(A) The Attorney General may appeal a deter-
mination under subsection (d), (e), or (f) to the court of
appeals for the Federal Circuit, by filing a notice of appeal
with such court within 20 days of the determination under
any one of such subsections.
‘‘(B) When requested by the Attorney General, the
entire record of the proceeding under this section shall be
transmitted to the court of appeals under seal. If the At-
torney General is appealing a determination under sub-
section (d) or (e), the court of appeals shall consider such
appeal in camera and ex parte.’’.
SEC. 602. MEMBERSHIP IN A TERRORIST ORGANIZATION AS
A BASIS FOR EXCLUSION FROM THE UNITED
STATES UNDER THE IMMIGRATION AND NA-
TIONALITY ACT.
Section 212(a)(3)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(3)(B)) is amended—
(1) in clause (i)(II) by inserting ‘‘or’’ at the
end;
(2) by adding after clause (i)(II) the following:
‘‘(III) is a member of an organi-
zation that engages in, or has engaged
in, terrorist activity or who actively
supports or advocates terrorist activ-
ity,’’; and
(3) by adding after clause (iii) the following:
‘‘(iv) TERRORIST ORGANIZATION DE-
FINED.—As used in this Act, the term ‘ter-
rorist organization’ means an organization
which commits terrorist activity as deter-
mined by the Attorney General, in con-
sultation with the Secretary of State.’’.
TITLE VII—INSPECTIONS
SEC. 701. PREINSPECTION AT FOREIGN AIRPORTS.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended by inserting after section 235 the following
new section:
‘‘PREINSPECTION AT FOREIGN AIRPORTS
‘‘SEC. 
235A. 
(a) 
ESTABLISHMENT
OF
PREINSPECTION STATIONS.—(1) Subject to paragraph
(4), not later than 2 years after the date of the enactment
of this section, the Attorney General, in consultation with
the Secretary of State, shall establish and maintain
preinspection stations in at least 5 of the foreign airports
that are among the 10 foreign airports which the Attorney
General identifies as serving as last points of departure
for the greatest numbers of passengers who arrive from
abroad by air at ports of entry within the United States.
Such preinspection stations shall be in addition to any
preinspection stations established prior to the date of the
enactment of this section.
‘‘(2) Not later than November 1, 1995, and each sub-
sequent November 1, the Attorney General shall compile
data identifying—
‘‘(A) the foreign airports which served as last
points of departure for aliens who arrived by air at
United States ports of entry without valid docu-
mentation during the preceding fiscal years,
‘‘(B) the number and nationality of such aliens
arriving from each such foreign airport, and
‘‘(C) the primary routes such aliens followed
from their country of origin to the United States.
‘‘(3) Subject to paragraph (4), not later than 4 years
after the date of enactment of this section, the Attorney
General, in consultation with the Secretary of State, shall
establish preinspection stations in at least 5 additional for-
eign airports which the Attorney General, in consultation
with the Secretary of State, determines based on the data
compiled under paragraph (2) and such other information
as may be available would most effectively reduce the
number of aliens who arrive from abroad by air at points
of entry within the United States without valid docu-
mentation. Such preinspection stations shall be in addition
to those established prior to or pursuant to paragraph (1).
‘‘(4) Prior to the establishment of a preinspection
station the Attorney General, in consultation with the Sec-
retary of State, shall ensure that—
‘‘(A) employees of the United States stationed
at the preinspection station and their accompanying
family members will receive appropriate protection,
‘‘(B) such employees and their families will not
be subject to unreasonable risks to their welfare and
safety, and
‘‘(C) the country in which the preinspection sta-
tion is to be established maintains practices and pro-
cedures with respect to asylum seekers and refugees
in accordance with the Convention Relating to the
Status of Refugees (done at Geneva, July 28, 1951),
or the Protocol Relating to the Status of Refugees
(done at New York, January 31, 1967).
‘‘(b) ESTABLISHMENT
OF CARRIER CONSULTANT
PROGRAM.—The Attorney General shall assign additional
immigration officers to assist air carriers in the detection
of fraudulent documents at foreign airports which, based
on the records maintained pursuant to subsection (a)(2),
served as a point of departure for a significant number
of arrivals at United States ports of entry without valid
documentation, but where no preinspection station exists.
‘‘(c) CLERICAL AMENDMENT.—The table of contents
is amended by inserting after the item relating to section
235 the following new item:
‘‘Sec. 235A. Preinspection at foreign airports.’’.
SEC. 702. TRAINING OF AIRLINE PERSONNEL IN DETEC-
TION OF FRAUDULENT DOCUMENTS.
(a) USE OF FUNDS.—Section 286(h)(2)(A) (8 U.S.C.
1356(h)(2)(A)) is amended—
(1) in clause (iv), by inserting ‘‘, including
training of, and technical assistance to, commercial
airline personnel on such detection’’ after ‘‘United
States’’, and
(2) by adding at the end the following:
‘‘The Attorney General shall provide for expenditures for
training and assistance described in clause (iv) in an
amount, for any fiscal year, not less than 5 percent of
the total of the expenses incurred that are described in
the previous sentence.’’.
(b) 
COMPLIANCE
WITH
DETECTION
REGULA-
TIONS.—Section 212(f) (8 U.S.C. 1182(f)) is amended by
adding at the end the following: ‘‘Whenever the Attorney
General finds that a commercial airline has failed to com-
ply with regulations of the Attorney General relating to
requirements of airlines for the detection of fraudulent
documents used by passengers traveling to the United
States (including the training of personnel in such detec-
tion), the Attorney General may suspend the entry of some
or all aliens transported to the United States by such air-
line.’’.
(c) EFFECTIVE DATES.—
(1) The amendments made by subsection (a)
shall apply to expenses incurred during or after fis-
cal year 1995.
(2) The Attorney General shall first issue, in
proposed form, regulations referred to in the second
sentence of section 212(f) of the Immigration and
Nationality Act, as added by the amendment made
by subsection (b), by not later than 90 days after
the date of the enactment of this Act.
TITLE VIII—ASYLUM
SEC. 801. INSPECTION AND EXCLUSION BY IMMIGRATION
OFFICERS.
(a) IN
GENERAL.—Section 235(b) (8 U.S.C.
1225(b)) is amended to read as follows:
‘‘(b) INSPECTION AND EXCLUSION BY IMMIGRATION
OFFICERS.—
‘‘(1) An immigration officer shall inspect each
alien who is seeking entry to the United States.
‘‘(2)(A) If the examining immigration officer
determines that an alien seeking entry—
‘‘(i) does not present the documentation
required (if any) to obtain legal entry to the
United States; and
‘‘(ii) does not indicate either an intention
to apply for provisional asylum (under section
208) or a fear of persecution,
the officer shall order the alien excluded from the
United States without further hearing or review.
‘‘(B) The examining immigration officer shall
refer for immediate inspection at the port of entry
by an asylum officer under subparagraph (C) any
alien who (i) does not present the documentation re-
quired (if any) to obtain legal entry to the United
States, and (ii) has indicated an intention to apply
for provisional asylum or a fear of persecution. Such
an alien shall not be considered to have been in-
spected and admitted for purposes of this Act.
‘‘(C)(i) If an asylum officer determines that an
alien has a credible fear of persecution, the alien
shall be entitled to apply for provisional asylum
under section 208.
‘‘(ii)(I) Subject to subclause (II), if an asylum
officer determines that an alien does not have a
credible fear of persecution the officer shall order
the alien excluded from the United States without
further hearing or review.
‘‘(II) The Attorney General shall promulgate
regulations to provide for the immediate review by
another asylum officer at the port of entry of a deci-
sion under subclause (I).
‘‘(iii) For the 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 his or her 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 es-
tablish eligibility for provisional asylum under sec-
tion 208.
‘‘(iv) 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 pur-
suant to this paragraph. 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
this paragraph.
‘‘(v) Notwithstanding any other provision of
law, no court shall have jurisdiction (I) to review the
procedures established by the Attorney General for
the determination of exclusion pursuant to this para-
graph, or (II) to enter declaratory or injunctive re-
lief with respect to the implementation of this para-
graph. Regardless of the nature of the suit or claim,
no court shall have jurisdiction except by habeas cor-
pus petition as provided in clause (iv) to consider
the validity of any adjudication or determination
under this paragraph or to provide declaratory or in-
junctive relief with respect to the exclusion of any
alien pursuant to this paragraph.
‘‘(vi) In any action brought for the assessment
of penalties for improper entry or re-entry of an
alien under section 275 or 276, no court shall have
jurisdiction to hear claims collaterally attacking the
validity of orders of exclusion or deportation entered
under sections 235, 236, and 242.
‘‘(3)(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 entitled to enter, the alien shall be detained
for a hearing before 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
(2)(A) or 2(B), or
‘‘(iii) if the conditions described in section
273(d) exist.
‘‘(4) The decision of the examining immigration
officer, if favorable to the admission of any alien,
shall be subject to challenge by any other immigra-
tion officer and such challenge shall operate to take
the alien, whose privilege to enter is so challenged,
before a special inquiry officer for a hearing on ex-
clusion of the alien.
‘‘(5) An alien has not entered the United States
for purposes of this Act unless and until such alien
has been inspected and admitted by an immigration
officer pursuant to this subsection.
(b) CONFORMING AMENDMENTS.—Section 237(a) (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)(2), deportation’’; and
(2) in the first sentence of paragraph (2) by
striking ‘‘If ’’ and inserting ‘‘Subject to section
235(b)(2), if ’’.
SEC. 802. ASYLUM.
(a) IN GENERAL.—Section 208 (8 U.S.C. 1158) is
amended to read as follows:
‘‘SEC. 208. ASYLUM.
(a) PROVISIONAL ASYLUM.—
‘‘(1) RIGHT TO APPLY.—The Attorney General
shall establish a procedure for an alien physically
present in the United States or at a land border or
port of entry, irrespective of such alien’s status, to
apply for provisional asylum in accordance with this
section.
‘‘(2) CONDITIONS FOR GRANTING.—
‘‘(A) MANDATORY
CASES.—The Attorney
General shall grant provisional asylum to an
alien if the alien applies for provisional asylum
in accordance with the requirements of this sec-
tion and establishes that it is more likely than
not that in the alien’s country of nationality
(or, in the case of a person having no national-
ity, the country in which such alien last habit-
ually resided) such alien’s life or freedom would
be threatened on account of race, religion, na-
tionality, membership in a particular social
group, or political opinion.
‘‘(B) DISCRETIONARY CASES.—The Attor-
ney General may grant provisional asylum to an
alien if the alien applies for provisional asylum
in accordance with the requirements of this sec-
tion and establishes that the alien is a refugee
within the meaning of section 101(a)(42).
‘‘(C) 
EXCEPTIONS.—(i) 
Subparagraphs
(A) and (B) shall not apply to an alien if the
Attorney General determines that—
‘‘(I) the alien ordered, incited, as-
sisted, or otherwise participated in the per-
secution of any person on account of race,
religion, nationality, membership in a par-
ticular social group, or political opinion;
‘‘(II) the alien, having been convicted
by a final judgment of a particularly seri-
ous crime, constitutes a danger to the com-
munity of the United States;
‘‘(III) there are serious reasons for
believing that the alien has committed a
serious nonpolitical crime outside the
United States prior to the arrival of the
alien in the United States;
‘‘(IV) there are reasonable grounds
for regarding the alien as a danger to the
security of the United States; or
‘‘(V) a country willing to accept the
alien has been identified (other than the
country described in subparagraph (A)) to
which the alien can be deported or re-
turned and the alien does not establish
that it is more likely than not that the
alien’s life or freedom would be threatened
in such country on account of race, reli-
gion, nationality, membership in a particu-
lar social group, or political opinion.
‘‘(ii)(I) For purposes of clause (i)(II), an
alien who has been convicted of an aggravated
felony shall be considered to have committed a
particularly serious crime.
‘‘(II) The Attorney General shall promul-
gate regulations that specify additional crimes
that will be considered to be a crime described
in clause (i)(II) or (i)(III).
‘‘(III) The Attorney General shall promul-
gate regulations establishing such additional
limitations and conditions as the Attorney Gen-
eral considers appropriate under which an alien
shall be ineligible to apply for provisional asy-
lum under subparagraph (B).
‘‘(3) PROVISIONAL
ASYLUM
STATUS.—In the
case of any alien granted provisional asylum under
paragraph (2)(A), the Attorney General, in accord-
ance with this section—
‘‘(A) shall not deport or return the alien to
the country described under paragraph (2)(A);
‘‘(B) shall authorize the alien to engage in
employment in the United States and provide
the alien with an ‘employment authorized’ en-
dorsement or other appropriate work permit;
and
‘‘(C) may allow the alien to travel abroad
with the prior consent of the Attorney General.
‘‘(4) TERMINATION.—Provisional asylum grant-
ed under paragraph (2) may be terminated if the At-
torney General, pursuant to such regulations as the
Attorney General may prescribe, determines that—
‘‘(A) the alien no longer meets the condi-
tions described in paragraph (2) owing to a
change in circumstances in the alien’s country
of nationality or, in the case of an alien having
no nationality, in the country in which the alien
last habitually resided;
‘‘(B) the alien meets a condition described
in paragraph (2)(C); or
‘‘(C) a country willing to accept the alien
has been identified (other than the country de-
scribed in paragraph (2)) to which the alien can
be deported or returned and the alien cannot
establish that it is more likely than not that the
alien’s life or freedom would be threatened in
such country on account of race, religion, na-
tionality, membership in a particular social
group, or political opinion.
‘‘(5) ACCEPTANCE BY ANOTHER COUNTRY.—In
the case of an alien described in paragraph
(2)(C)(i)(V) or paragraph (4)(C), the alien’s depor-
tation or return shall be directed by the Attorney
General in the sole discretion of the Attorney Gen-
eral, to any country which is willing to accept the
alien into its territory (other than the country de-
scribed in paragraph (2)(A)).
‘‘(b) PROVISIONAL ASYLUM APPLICATIONS.—
‘‘(1) IN GENERAL.—
‘‘(A) DEADLINE.—Subject to subpara-
graph (B), an alien’s application for provisional
asylum shall not be considered under this sec-
tion unless—
‘‘(i) the alien has filed, not later than
30 days after entering or coming to the
United States, notice of intention to file
such an application, and
‘‘(ii) such application is actually filed
not later than 60 days after entering or
coming to the United States.
‘‘(B) EXCEPTION.—An application for pro-
visional asylum may be considered, not with-
standing that the requirements of subparagraph
(A) have not been met, only if the alien dem-
onstrates by clear and convincing evidence
changed circumstances in the alien’s country of
nationality (or in the case of an alien with no
nationality, in the country where the alien last
habitually resided) affecting eligibility for provi-
sional asylum.
‘‘(2) REQUIREMENTS.—An application for pro-
visional asylum shall not be considered unless the
alien submits to the taking of fingerprints and a
photograph in a manner determined by the Attorney
General.
‘‘(3) PREVIOUS DENIAL OF ASYLUM.—An appli-
cation for provisional asylum shall not be considered
if the alien has been denied asylum by a country in
which the alien had access to a full and fair proce-
dure for determining his or her asylum claim in ac-
cordance with a bilateral or multilateral agreement
between that country and the United States.
‘‘(4) FEES.—In the discretion of the Attorney
General, the Attorney General may impose reason-
able fees for the consideration of an application for
provisional asylum, for employment authorization
under this section, and for adjustment of status
under section 209(b). The Attorney General is au-
thorized to provide for the assessment and payment
of any such fee over a period of time or by install-
ments.
‘‘(5) EMPLOYMENT.—An applicant for provi-
sional asylum is not entitled to engage in employ-
ment in the United States. The Attorney General
may authorize an alien who has filed an application
for provisional asylum to engage in employment in
the United States, in the discretion of the Attorney
General.
‘‘(6) NOTICE OF CONSEQUENCES OF FRIVOLOUS
APPLICATIONS.—At the time of filing a notice of in-
tention to apply for provisional asylum, the alien
shall be advised of the consequences, under sub-
section (e), of filing a frivolous application for provi-
sional asylum.
‘‘(c) SANCTIONS FOR FAILURE TO APPEAR.—
‘‘(1) Subject to paragraph (2), the application
for provisional asylum of an alien who does not ap-
pear for a hearing on such application shall be sum-
marily dismissed unless the alien can show excep-
tional 
circumstances 
(as 
defined 
in 
section
242B(f)(2)) as determined by an asylum officer or
immigration judge.
‘‘(2) Paragraph (1) shall not apply if written
and oral notice were not provided to the alien of the
time and place at which the asylum hearing was to
be held, and in the case of any change or postpone-
ment in such time or place, written and oral notice
were provided to the alien of the new time or place
of the hearing.
‘‘(d) ASYLUM.—
‘‘(1) ADJUSTMENT
OF
STATUS.—Under such
regulations as the Attorney General may prescribe,
the Attorney General shall adjust to the status of an
alien granted asylum the status of any alien granted
provisional asylum under subsection (a)(2)(A) or
(a)(2)(B) who—
‘‘(A) applies for such adjustment;
‘‘(B) has been physically present in the
United States for at least 1 year after being
granted provisional asylum;
‘‘(C) continues to be eligible for provisional
asylum under this section; and
‘‘(D) is admissible under this Act at the
time of examination for adjustment of status
under this subsection.
‘‘(2) TREATMENT
OF
SPOUSE
AND
CHIL-
DREN.—A spouse or child (as defined in section
101(b)(A), (B), (C), (D), or (E)) of an alien whose
status is adjusted to that of an alien granted asylum
under paragraph (a)(2) may be granted the same
status as the alien if accompanying, or following to
join, such alien.
‘‘(3) APPLICATION FEES.—The Attorney Gen-
eral may impose a reasonable fee for the filing of an
application for asylum under this subsection.
‘‘(e) DENIAL OF IMMIGRATION BENEFITS FOR FRIV-
OLOUS APPLICATIONS.—
‘‘(1) IN GENERAL.—If the Attorney General de-
termines that an alien has made a frivolous applica-
tion for provisional asylum under this section and
the alien has received the notice under subsection
(b)(5), the alien shall be permanently ineligible for
any benefits under this Act, effective as of the date
of a final determination on such application.
‘‘(2) TREATMENT OF MATERIAL MISREPRESEN-
TATIONS.—For purposes of this subsection, an appli-
cation considered to be ‘frivolous’ includes, but is
not limited to, an application which contains a will-
ful misrepresentation or concealment of a material
fact.’’.
(b) CLERICAL AMENDMENT.—The item in the table
of contents relating to section 208 is amended to read as
follows:
‘‘Sec. 208. Asylum.’’.
SEC. 803. FAILURE TO APPEAR FOR PROVISIONAL ASYLUM
HEARING; JUDICIAL REVIEW.
(a) FAILURE TO APPEAR FOR PROVISIONAL ASYLUM
HEARING.—Section 242B(e)(4) (8 U.S.C. 1252b(e)(4)) is
amended—
(1) in the heading, by striking ‘‘ASYLUM’’ and
inserting ‘‘PROVISIONAL ASYLUM’’;
(2) by striking ‘‘asylum’’ each place it appears
and inserting ‘‘provisional asylum’’; and
(3) in subparagraph (A), by striking all after
clause (iii) and inserting ‘‘shall not be eligible for
any benefits under this Act.’’.
(b) JUDICIAL
REVIEW.—Section 106 (8 U.S.C.
1105a) is amended by adding at the end the following sub-
section:
‘‘(d) The procedure prescribed by, and all the provi-
sions of chapter 158 of title 28, United States Code, shall
apply to, and shall be the sole and exclusive procedure for,
the judicial review of all final orders granting or denying
provisional asylum, except that—
‘‘(1) a petition for review may be filed not later
than 90 days after the date of the issuance of the
final order granting or denying provisional asylum;
‘‘(2) the venue of any petition for review under
this subsection shall be in the judicial circuit in
which the administrative proceedings were conducted
in whole or in part, or in the judicial circuit wherein
is the residence, as defined in this Act, of the peti-
tioner, but not in more than one circuit; and
‘‘(3) notwithstanding any other provision of
law, a determination granting or denying provisional
asylum based on changed circumstances pursuant to
section 208(b)(1)(A)(ii) shall be in the sole discre-
tion of the officer conducting the administrative pro-
ceeding.’’.
SEC. 804. 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) (8
U.S.C. 1159(b)) is amended—
(1) in paragraph (2) by striking ‘‘one year’’ and
inserting ‘‘2 years’’; and
(2) by amending paragraph (3) to read as
follows:
‘‘(3) continues to be eligible for provisional asy-
lum under section 208,’’.
(c) ALIENS
INELIGIBLE
FOR
TEMPORARY
PRO-
TECTED STATUS.—Section 244A(c)(2)(B)(ii) (8 U.S.C.
1254a(c)(2)(B)(ii)) is amended by striking ‘‘section
243(h)(2)’’ and inserting ‘‘section 208(a)(2)(C)’’.
(d) ELIGIBILITY
FOR
NATURALIZATION.—Section
316(f)(1) (8 U.S.C. 1427(f)(1)) is amended by striking
‘‘subparagraphs (A) through (D) of paragraph 243(h)(2)’’
and inserting ‘‘section 208(a)(2)(C).’’.
(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 ‘‘section
208(a)(2)(C).’’.
SEC. 805. EFFECTIVE DATES.
(a) IN GENERAL.—Except as otherwise provided, the
amendments made by this title shall take effect on the
date of the enactment of this Act.
(b) EXCEPTIONS.—
(1) The amendments made by this title shall
not apply to applications for asylum or withholding
of deportation made before the first day of the first
month that begins more than 180 days after the
date of the enactment of this Act and no application
for provisional asylum under section 208 of the Im-
migration and Nationality Act (as amended by sec-
tion 801 of this title) shall be considered before such
first day.
(2) In applying section 208(b)(1)(A) of the Im-
migration and Nationality Act (as amended by this
title) in the case of an alien who has entered or
came to the United States before the first day de-
scribed in paragraph (1), notwithstanding the dead-
lines specified in such section—
(A) the deadline for the filing of a notice
of intention to file an application for provisional
asylum is 30 days after such first day, and
(B) the deadline for the filing of the appli-
cation for provisional asylum is 30 days after
the date of filing such notice.
(3) The amendments made by section 803(b)
(relating to adjustment of status) shall not apply to
aliens granted asylum under section 208 of the Im-
migration and Nationality Act, as in effect before
the date of the enactment of this Act.
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