1434
1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of
this title, or a violation 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, regardless of any provision of State
law—
‘‘(i) any conveyance, including any vessel, vehi-
cle, or aircraft used in the commission of a violation
of, or a conspiracy to violate, subsection (a); and
‘‘(ii) any property real or personal—
‘‘(I) that constitutes, or is derived from or
is traceable to the proceeds obtained directly or
indirectly from the commission of a violation of,
or a conspiracy to violate, subsection (a), sec-
tion 274A(a)(1) or 274A(a)(2) of the Immigra-
tion and Nationality Act, or section 1028,
1425, 1426, 1427, 1541, 1542, 1543, 1544, or
1546 of this title; or
‘‘(II) that is used to facilitate, or is in-
tended to be used to facilitate, the commission
of a violation of, or a conspiracy to violate, sub-
section (a), section 274A(a)(1) or 274A(a)(2) of
the Immigration and Nationality Act, or section
1028, 1425, 1426, 1427, 1541, 1542, 1543,
1544, or 1546 of this title.
1435
The court, in imposing sentence on such person, shall
order that the person forfeit to the United States all prop-
erty described in this subparagraph.
‘‘(B) The criminal forfeiture of property under sub-
paragraph (A), including any seizure and disposition of
the property and any related administrative or judicial
proceeding, shall be governed by the provisions of section
413 of the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 853), other than sub-
sections (a) and (d) of such section 413.’’.
SEC. 218. CRIMINAL PENALTIES FOR INVOLUNTARY SER-
VITUDE.
(a) AMENDMENTS
TO TITLE 18.—Sections 1581,
1583, 1584, and 1588 of title 18, United States Code,
are amended by striking ‘‘five’’ each place it appears and
inserting ‘‘10’’.
(b) REVIEW
OF SENTENCING GUIDELINES.—The
United States Sentencing Commission shall ascertain
whether there exists an unwarranted disparity—
(1) between the sentences for peonage, involun-
tary servitude, and slave trade offenses, and the sen-
tences for kidnapping offenses in effect on the date
of the enactment of this Act; and
(2) between the sentences for peonage, involun-
tary servitude, and slave trade offenses, and the sen-
1436
tences for alien smuggling offenses in effect on the
date of the enactment of this Act and after the
amendment made by subsection (a).
(c) AMENDMENT OF SENTENCING GUIDELINES.—
(1) IN
GENERAL.—Pursuant to its authority
under section 994(p) of title 28, United States Code,
the United States Sentencing Commission shall re-
view its guidelines on sentencing for peonage, invol-
untary servitude, and slave trade offenses under sec-
tions 1581 through 1588 of title 18, United States
Code, and shall amend such guidelines as necessary
to—
(A) reduce or eliminate any unwarranted
disparity found under subsection (b) that exists
between the sentences for peonage, involuntary
servitude, and slave trade offenses, and the sen-
tences for kidnapping offenses and alien smug-
gling offenses;
(B) ensure that the applicable guidelines
for defendants convicted of peonage, involun-
tary servitude, and slave trade offenses are suf-
ficiently stringent to deter such offenses and
adequately reflect the heinous nature of such
offenses; and
1437
(C) ensure that the guidelines reflect the
general appropriateness of enhanced sentences
for defendants whose peonage, involuntary ser-
vitude, or slave trade offenses involve—
(i) a large number of victims;
(ii) the use or threatened use of a
dangerous weapon; or
(iii) a prolonged period of peonage or
involuntary servitude.
(2) EMERGENCY AUTHORITY TO SENTENCING
COMMISSION.—The Commission shall promulgate
the guidelines or amendments provided for under
this subsection as soon as practicable in accordance
with the procedure set forth in section 21(a) of the
Sentencing Act of 1987, as though the authority
under that Act had not expired.
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply with respect to of-
fenses occurring on or after the date of the enactment of
this Act.
SEC. 219. ADMISSIBILITY OF VIDEOTAPED WITNESS TESTI-
MONY.
Section 274 (8 U.S.C. 1324) is amended by adding
at the end thereof the following new subsection:
1438
‘‘(d) Notwithstanding any provision of the Federal
Rules of Evidence, the videotaped (or otherwise audio-
visually preserved) deposition of a witness to a violation
of subsection (a) who has been deported or otherwise ex-
pelled from the United States, or is otherwise unable to
testify, may be admitted into evidence in an action brought
for that violation if the witness was available for cross ex-
amination and the deposition otherwise complies with the
Federal Rules of Evidence.’’.
SEC. 220. SUBPOENA AUTHORITY IN DOCUMENT FRAUD EN-
FORCEMENT.
Section 274C(d)(1) (8 U.S.C. 1324c(d)(1)) is amend-
ed—
(1) by striking ‘‘and’’ at the end of subpara-
graph (A);
(2) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘, and’’; and
(3) by inserting after subparagraph (B) the fol-
lowing:
‘‘(C) immigration officers designated by
the Commissioner may compel by subpoena the
attendance of witnesses and the production of
evidence at any designated place prior to the fil-
ing of a complaint in a case under paragraph
(2).’’.
1439
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. 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,
1441
‘‘(A) CERTAIN
ALIENS
PREVIOUSLY
RE-
MOVED.—
‘‘(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 (or within 20
years in the case of a second or subsequent
removal or at any time in the case of an
alien convicted of an aggravated felony) is
inadmissible.
‘‘(ii) OTHER ALIENS.—Any alien not
described in clause (i) who—
‘‘(I) has been ordered removed
under section 240 or any other provi-
sion of law, or
‘‘(II) departed the United States
while an order of removal was out-
standing,
and who seeks admission within 10 years
of the date of such alien’s departure or re-
moval (or within 20 years of such date in
the case of a second or subsequent removal
1442
or at any time in the case of an alien con-
victed of an aggravated felony) is inadmis-
sible.
‘‘(iii) EXCEPTION.—Clauses (i) and
(ii) shall not apply to an alien seeking ad-
mission within a period if, prior to the date
of 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 UNLAWFULLY PRESENT.—
‘‘(i) IN GENERAL.—Any alien (other
than an alien lawfully admitted for perma-
nent residence) who—
‘‘(I) was unlawfully present in
the United States for a period of more
than 180 days but less than 1 year,
voluntarily departed the United States
(whether or not pursuant to section
244(e)) prior to the commencement of
proceedings under section 235(b)(1)
or section 240, and again seeks ad-
mission within 3 years of the date of
such alien’s departure or removal, or
1443
‘‘(II) has been unlawfully present
in the United States for one year or
more, and who again seeks admission
within 10 years of the date of such
alien’s departure or removal from the
United States,
is inadmissible.
‘‘(ii) CONSTRUCTION
OF
UNLAWFUL
PRESENCE.—For purposes of this para-
graph, an alien is deemed to be unlawfully
present in the United States if the alien is
present in the United States after the expi-
ration of the period of stay authorized by
the Attorney General or is present in the
United States without being admitted or
paroled.
‘‘(iii) 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
1444
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) unless the alien dur-
ing such period was employed without
authorization in the United States.
‘‘(III) 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).
‘‘(IV) BATTERED
WOMEN
AND
CHILDREN.—Clause (i) shall not apply
to an alien who would be described in
paragraph (6)(A)(ii) if ‘violation of
the terms of the alien’s nonimmigrant
visa’ were substituted for ‘unlawful
entry into the United States’ in sub-
clause (III) of that paragraph.
‘‘(iv) TOLLING FOR GOOD CAUSE.—In
the case of an alien who—
1445
‘‘(I) has been lawfully admitted
or paroled into the United States,
‘‘(II) has filed a nonfrivolous ap-
plication for a change or extension of
status before the date of expiration of
the period of stay authorized by the
Attorney General, and
‘‘(III) has not been employed
without authorization in the United
States before or during the pendency
of such application,
the calculation of the period of time speci-
fied in clause (i)(I) shall be tolled during
the pendency of such application, but not
to exceed 120 days.
‘‘(v) WAIVER.—The Attorney General
has sole discretion to waive clause (i) in
the case of an immigrant who is the spouse
or son or daughter of a United States citi-
zen or of an alien lawfully admitted for
permanent residence, if it is established to
the satisfaction of the Attorney General
that the refusal of admission to such immi-
grant alien would result in extreme hard-
ship to the citizen or lawfully resident
1446
spouse or parent of such alien. No court
shall have jurisdiction to review a decision
or action by the Attorney General regard-
ing a waiver under this clause.
‘‘(C) 
ALIENS
UNLAWFULLY
PRESENT
AFTER PREVIOUS IMMIGRATION VIOLATIONS.—
‘‘(i) IN GENERAL.—Any alien who—
‘‘(I) has been unlawfully present
in the United States for an aggregate
period of more than 1 year, or
‘‘(II) has been ordered removed
under section 235(b)(1), section 240,
or any other provision of law,
and who enters or attempts to reenter the
United States without being admitted is
inadmissible.
‘‘(ii) EXCEPTION.—Clause (i) shall
not apply to an alien seeking admission
more than 10 years after the date of the
alien’s last departure from the United
States if, prior to the alien’s reembar-
kation at a place outside the United States
or attempt to be readmitted from a foreign
contiguous territory, the Attorney General
1447
has consented to the alien’s reapplying for
admission.’’.
(2) LIMITATION ON CHANGE OF STATUS.—Sec-
tion 248 (8 U.S.C. 1258) is amended by inserting
‘‘and who is not inadmissible under section
212(a)(9)(B)(i) (or whose inadmissibility under such
section is waived under section 212(a)(9)(B)(v))’’
after ‘‘maintain that status’’.
(3) TREATMENT OF UNLAWFUL PRESENCE BE-
FORE
EFFECTIVE
DATE.—In 
applying 
section
212(a)(9)(B) of the Immigration and Nationality
Act, as inserted by paragraph (1), no period before
the title III–A effective date shall be included in a
period of unlawful presence in the United States.
(c) REVISION TO GROUND OF INADMISSIBILITY FOR
ILLEGAL ENTRANTS AND IMMIGRATION VIOLATORS.—
(1) IN GENERAL.—Subparagraphs (A) and (B)
of section 212(a)(6) (8 U.S.C. 1182(a)(6)) are
amended to read as follows:
‘‘(A) ALIENS
PRESENT
WITHOUT
ADMIS-
SION OR PAROLE.—
‘‘(i) IN GENERAL.—An alien present
in the United States without being admit-
ted or paroled, or who arrives in the Unit-
ed States at any time or place other than
1448
as designated by the Attorney General, is
inadmissible.
‘‘(ii) EXCEPTION FOR CERTAIN BAT-
TERED
WOMEN
AND
CHILDREN.—Clause
(i) shall not apply to an alien who dem-
onstrates that—
‘‘(I) the alien qualifies for immi-
grant 
status 
under 
subparagraph
(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 204(a)(1),
‘‘(II)(a) the alien has been bat-
tered or subjected to extreme cruelty
by a spouse or parent, or by a mem-
ber of the spouse’s or parent’s family
residing in the same household as the
alien and the spouse or parent con-
sented or acquiesced to such battery
or cruelty, or (b) the alien’s child has
been battered or subjected to extreme
cruelty by a spouse or parent of the
alien (without the active participation
of the alien in the battery or cruelty)
or by a member of the spouse’s or
parent’s family residing in the same
household as the alien when the
1449
spouse or parent consented to or ac-
quiesced in such battery or cruelty
and the alien did not actively partici-
pate in such battery or cruelty, and
‘‘(III) there was a substantial
connection between the battery or cru-
elty described in subclause (I) or (II)
and the alien’s unlawful entry into the
United States.
‘‘(B) FAILURE TO ATTEND REMOVAL PRO-
CEEDING.—Any alien who without reasonable
cause fails or refuses to attend or remain in at-
tendance at a proceeding to determine the
alien’s inadmissibility or deportability and who
seeks admission to the United States within 5
years of such alien’s subsequent departure or
removal is inadmissible. ’’.
(2) TRANSITION
FOR
BATTERED
SPOUSE
OR
CHILD PROVISION.—The requirements of subclauses
(II) and (III) of section 212(a)(6)(A)(ii) of the Im-
migration and Nationality Act, as inserted by para-
graph (1), shall not apply to an alien who dem-
onstrates that the alien first arrived in the United
States before the title III–A effective date (described
in section 309(a) of this division).
1450
(d) ADJUSTMENT
IN
GROUNDS
FOR
DEPORTA-
TION.—Section 241 (8 U.S.C. 1251), before redesignation
as section 237 by section 305(a)(2) of this division, 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.
SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL
OF INADMISSIBLE ARRIVING ALIENS; REFER-
RAL FOR HEARING (REVISED SECTION 235).
(a) IN GENERAL.—Section 235 (8 U.S.C. 1225) is
amended to read as follows:
1451
‘‘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 or who arrives in the
United States (whether or not at a designated port
of arrival and including an alien 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 ad-
mission.
‘‘(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
1452
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.—
1453
‘‘(1) INSPECTION OF ALIENS ARRIVING IN THE
UNITED STATES AND CERTAIN OTHER ALIENS WHO
HAVE NOT BEEN ADMITTED OR PAROLED.—
‘‘(A) SCREENING.—
‘‘(i) IN GENERAL.—If an immigration
officer determines that an alien (other
than an alien described in subparagraph
(F)) who is arriving in the United States
or is described in clause (iii) is inadmis-
sible 
under 
section 
212(a)(6)(C) 
or
212(a)(7), the officer shall order the alien
removed from the United States without
further hearing or review unless the alien
indicates either an intention to apply for
asylum under section 208 or a fear of per-
secution.
‘‘(ii) CLAIMS FOR ASYLUM.—If an im-
migration officer determines that an alien
(other than an alien described in subpara-
graph (F)) who is arriving in the United
States or is described in clause (iii) is in-
admissible under section 212(a)(6)(C) or
212(a)(7) and the alien indicates either an
intention to apply for asylum under section
208 or a fear of persecution, the officer
1454
shall refer the alien for an interview by an
asylum officer under subparagraph (B).
‘‘(iii) 
APPLICATION
TO
CERTAIN
OTHER ALIENS.—
‘‘(I) IN GENERAL.—The Attorney
General may apply clauses (i) and (ii)
of this subparagraph to any or all
aliens described in subclause (II) as
designated by the Attorney General.
Such designation shall be in the sole
and unreviewable discretion of the At-
torney General and may be modified
at any time.
‘‘(II) ALIENS
DESCRIBED.—An
alien described in this clause is an
alien who is not described in subpara-
graph (F), who has not been admitted
or paroled into the United States, and
who has not affirmatively shown, to
the satisfaction of an immigration of-
ficer, that the alien has been phys-
ically present in the United States
continuously for the 2-year period im-
mediately prior to the date of the de-
1455
termination of inadmissibility under
this subparagraph.
‘‘(B) ASYLUM INTERVIEWS.—
‘‘(i) CONDUCT
BY
ASYLUM
OFFI-
CERS.—An asylum officer shall conduct
interviews of aliens referred under sub-
paragraph (A)(ii), either at a port of entry
or at such other place designated by the
Attorney General.
‘‘(ii) 
REFERRAL
OF
CERTAIN
ALIENS.—If the officer determines at the
time of the interview that an alien has a
credible fear of persecution (within the
meaning of clause (v)), the alien shall be
detained for further consideration of the
application for asylum.
‘‘(iii) REMOVAL
WITHOUT
FURTHER
REVIEW IF NO CREDIBLE FEAR OF PERSE-
CUTION.—
‘‘(I) IN
GENERAL.—Subject to
subclause (III), if the officer deter-
mines that an alien does not have a
credible fear of persecution, the officer
shall order the alien removed from the
1456
United States without further hearing
or review.
‘‘(II) RECORD
OF
DETERMINA-
TION.—The officer shall prepare a
written record of a determination
under subclause (I). Such record shall
include a summary of the material
facts as stated by the applicant, such
additional facts (if any) relied upon by
the officer, and the officer’s analysis
of why, in the light of such facts, the
alien has not established a credible
fear of persecution. A copy of the offi-
cer’s interview notes shall be attached
to the written summary.
‘‘(III) REVIEW
OF
DETERMINA-
TION.—The Attorney General shall
provide by regulation and upon the
alien’s request for prompt review by
an immigration judge of a determina-
tion under subclause (I) that the alien
does not have a credible fear of perse-
cution. Such review shall include an
opportunity for the alien to be heard
and questioned by the immigration
1457
judge, either in person or by tele-
phonic or video connection. Review
shall be concluded as expeditiously as
possible, to the maximum extent prac-
ticable within 24 hours, but in no case
later than 7 days after the date of the
determination under subclause (I).
‘‘(IV) 
MANDATORY
DETEN-
TION.—Any alien subject to the proce-
dures under this clause shall be de-
tained pending a final determination
of credible fear of persecution and, if
found not to have such a fear, until
removed.
‘‘(iv) INFORMATION
ABOUT
INTER-
VIEWS.—The Attorney General shall pro-
vide information concerning the asylum
interview described in this subparagraph to
aliens who may be eligible. An alien who is
eligible for such interview may consult with
a person or persons of the alien’s choosing
prior to the interview or any review there-
of, according to regulations prescribed by
the Attorney General. Such consultation
shall be at no expense to the Government
1458
and shall not unreasonably delay the proc-
ess.
‘‘(v) CREDIBLE
FEAR
OF
PERSECU-
TION DEFINED.—For purposes of this sub-
paragraph, the term ‘credible fear of perse-
cution’ means that there is a significant
possibility, taking into account the credibil-
ity of the statements made by the alien in
support of the alien’s claim and such other
facts as are known to the officer, that the
alien could establish eligibility for asylum
under section 208.
‘‘(C) LIMITATION ON ADMINISTRATIVE RE-
VIEW.—Except as provided in subparagraph
(B)(iii)(III), a removal order entered in accord-
ance with subparagraph (A)(i) or (B)(iii)(I) is
not subject to administrative appeal, except
that the Attorney General shall provide by reg-
ulation for prompt review of such an order
under subparagraph (A)(i) against an alien who
claims under oath, or as permitted under pen-
alty of perjury under section 1746 of title 28,
United States Code, after having been warned
of the penalties for falsely making such claim
under such conditions, to have been lawfully ad-
1459
mitted for permanent residence, to have been
admitted as a refugee under section 207, or to
have been granted asylum under section 208.
‘‘(D) LIMIT ON COLLATERAL ATTACKS.—
In any action brought against an alien under
section 275(a) or section 276, the court shall
not have jurisdiction to hear any claim attack-
ing the validity of an order of removal entered
under subparagraph (A)(i) or (B)(iii).
‘‘(E) ASYLUM
OFFICER
DEFINED.—As
used in this paragraph, the term ‘asylum offi-
cer’ means an immigration officer who—
‘‘(i) has had professional training in
country conditions, asylum law, and inter-
view techniques comparable to that pro-
vided to full-time adjudicators of applica-
tions under section 208, and
‘‘(ii) is supervised by an officer who
meets the condition described in clause (i)
and has had substantial experience adju-
dicating asylum applications.
‘‘(F) 
EXCEPTION.—Subparagraph 
(A)
shall not apply to an alien who is a native or
citizen of a country in the Western Hemisphere
with whose government the United States does
1460
not have full diplomatic relations and who ar-
rives by aircraft at a port of entry.
‘‘(2) INSPECTION OF OTHER ALIENS.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), in the case of an alien who
is an applicant for admission, if the examining
immigration officer determines that an alien
seeking admission is not clearly and beyond a
doubt entitled to be admitted, the alien shall be
detained for a proceeding under section 240.
‘‘(B) 
EXCEPTION.—Subparagraph 
(A)
shall not apply to an alien—
‘‘(i) who is a crewman,
‘‘(ii) to whom paragraph (1) applies,
or
‘‘(iii) who is a stowaway.
‘‘(C) TREATMENT
OF
ALIENS
ARRIVING
FROM CONTIGUOUS TERRITORY.—In the case of
an alien described in subparagraph (A) who is
arriving on land (whether or not at a des-
ignated port of arrival) from a foreign territory
contiguous to the United States, the Attorney
General may return the alien to that territory
pending a proceeding under section 240.
1461
‘‘(3) CHALLENGE OF DECISION.—The decision
of the examining immigration officer, if favorable to
the admission of any alien, shall be subject to chal-
lenge by any other immigration officer and such
challenge shall operate to take the alien whose privi-
lege to be admitted is so challenged, before an immi-
gration judge for a proceeding under section 240.
‘‘(c) REMOVAL OF ALIENS INADMISSIBLE ON SECU-
RITY AND RELATED GROUNDS.—
‘‘(1) REMOVAL WITHOUT FURTHER HEARING.—
If an immigration officer or an immigration judge
suspects that an arriving alien may be inadmissible
under subparagraph (A) (other than clause (ii)),
(B), or (C) of section 212(a)(3), the officer or judge
shall—
‘‘(A) order the alien removed, subject to
review under paragraph (2);
‘‘(B) report the order of removal to the At-
torney General; and
‘‘(C) not conduct any further inquiry or
hearing until ordered by the Attorney General.
‘‘(2) REVIEW
OF
ORDER.—(A) The Attorney
General shall review orders issued under paragraph
(1).
‘‘(B) If the Attorney General—
1462
‘‘(i) is satisfied on the basis of confidential
information that the alien is inadmissible under
subparagraph (A) (other than clause (ii)), (B),
or (C) of section 212(a)(3), and
‘‘(ii) after consulting with appropriate se-
curity agencies of the United States Govern-
ment, concludes that disclosure of the informa-
tion would be prejudicial to the public interest,
safety, or security,
the Attorney General may order the alien removed
without further inquiry or hearing by an immigra-
tion judge.
‘‘(C) If the Attorney General does not order the
removal of the alien under subparagraph (B), the
Attorney General shall specify the further inquiry or
hearing that shall be conducted in the case.
‘‘(3) SUBMISSION OF STATEMENT AND INFOR-
MATION.—The alien or the alien’s representative
may submit a written statement and additional in-
formation for consideration by the Attorney General.
‘‘(d) AUTHORITY RELATING TO INSPECTIONS.—
‘‘(1) AUTHORITY TO SEARCH CONVEYANCES.—
Immigration officers are authorized to board and
search any vessel, aircraft, railway car, or other con-
1463
veyance or vehicle in which they believe aliens are
being brought into the United States.
‘‘(2) AUTHORITY TO ORDER DETENTION AND
DELIVERY OF ARRIVING ALIENS.—Immigration offi-
cers are authorized to order an owner, agent, mas-
ter, commanding officer, person in charge, purser, or
consignee of a vessel or aircraft bringing an alien
(except an alien crewmember) to the United
States—
‘‘(A) to detain the alien on the vessel or at
the airport of arrival, and
‘‘(B) to deliver the alien to an immigration
officer for inspection or to a medical officer for
examination.
‘‘(3) ADMINISTRATION OF OATH AND CONSID-
ERATION OF EVIDENCE.—The Attorney General and
any immigration officer shall have power to admin-
ister oaths and to take and consider evidence of or
from any person touching the privilege of any alien
or person he believes or suspects to be an alien to
enter, reenter, transit through, or reside in the Unit-
ed States or concerning any matter which is mate-
rial and relevant to the enforcement of this Act and
the administration of the Service.
1464
‘‘(4) SUBPOENA AUTHORITY.—(A) The Attor-
ney General and any immigration officer shall have
power to require by subpoena the attendance and
testimony of witnesses before immigration officers
and the production of books, papers, and documents
relating to the privilege of any person to enter, reen-
ter, reside in, or pass through the United States or
concerning any matter which is material and rel-
evant to the enforcement of this Act and the admin-
istration of the Service, and to that end may invoke
the aid of any court of the United States.
‘‘(B) Any United States district court within
the jurisdiction of which investigations or inquiries
are being conducted by an immigration officer may,
in the event of neglect or refusal to respond to a
subpoena issued under this paragraph or refusal to
testify before an immigration officer, issue an order
requiring such persons to appear before an immigra-
tion officer, produce books, papers, and documents
if demanded, and testify, and any failure to obey
such order of the court may be punished by the
court as a contempt thereof.’’.
(b) GAO STUDY ON OPERATION OF EXPEDITED RE-
MOVAL PROCEDURES.—
1488
sequences for failure to depart under the order of re-
moval, including civil and criminal penalties.
‘‘(5) MOTIONS TO RECONSIDER.—
‘‘(A) IN GENERAL.—The alien may file one
motion to reconsider a decision that the alien is
removable from the United States.
‘‘(B) DEADLINE.—The motion must be
filed within 30 days of the date of entry of a
final administrative order of removal.
‘‘(C) CONTENTS.—The motion shall speci-
fy the errors of law or fact in the previous order
and shall be supported by pertinent authority.
‘‘(6) MOTIONS TO REOPEN.—
‘‘(A) IN GENERAL.—An alien may file one
motion to reopen proceedings under this sec-
tion.
‘‘(B) CONTENTS.—The motion to reopen
shall state the new facts that will be proven at
a hearing to be held if the motion is granted,
and shall be supported by affidavits or other
evidentiary material.
‘‘(C) DEADLINE.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in this subparagraph, the motion to
reopen shall be filed within 90 days of the
1648
eral of the expenses referred to in subparagraph (A).
Proper adjustments shall be made in the amounts subse-
quently refunded under subparagraph (A) to the extent
prior estimates were in excess of, or less than, the amount
required to be refunded under subparagraph (A).
‘‘(C) The amounts required to be refunded from the
Immigration Enforcement Account for fiscal year 1996
and thereafter shall be refunded in accordance with esti-
mates made in the budget request of the Attorney General
for those fiscal years. Any proposed changes in the
amounts designated in such budget requests shall only be
made after notification to the Committees on Appropria-
tions of the House of Representatives and the Senate in
accordance with section 605 of Public Law 104–134.
‘‘(D) The Attorney General shall prepare and submit
annually to the Congress statements of financial condition
of the Immigration Enforcement Account, including begin-
ning account balance, revenues, withdrawals, and ending
account balance and projection for the ensuing fiscal
year.’’.
(b) IMMIGRATION USER FEE ACCOUNT.—Section
286(h)(1)(B) (8 U.S.C. 1356(h)(1)(B)) is amended by
striking ‘‘271’’ and inserting ‘‘243(c), 271,’’.