I
103D CONGRESS
1ST SESSION
H. R. 3363
To amend the Immigration and Nationality Act to improve immigration
enforcement and anti-smuggling activities, to reform the asylum law,
and to authorize appropriations for the Immigration and Naturalization
Service.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 26, 1993
Mr. MAZZOLI (for himself, Mr. SCHUMER, and Mr. MCCOLLUM) introduced
the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to improve
immigration enforcement and anti-smuggling activities,
to reform the asylum law, and to authorize appropria-
tions for the Immigration and Naturalization Service.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENTS MADE BY ACT;
TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Immigration Enforcement and Asylum Reform Act of
1993’’.
(b) AMENDMENTS TO IMMIGRATION AND NATIONAL-
ITY ACT.—Except as otherwise expressly provided, when-
ever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to
a section or other provision of the Immigration and Na-
tionality Act.
(c) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; amendments made by Act; table of contents.
TITLE I—SMUGGLING AND FRAUD
Sec. 101. Inspection and exclusion by immigration officers.
Sec. 102. Enhanced penalties for alien smuggling.
Sec. 103. Expanded forfeiture for smuggling or harboring illegal aliens.
Sec. 104. Wiretap authority for alien smuggling investigations.
Sec. 105. Including alien smuggling as a racketeering activity for purposes of
racketeering influenced and corrupt organizations (RICO) en-
forcement authority.
Sec. 106. Effective dates.
TITLE II—ASYLUM
Sec. 201. Asylum.
Sec. 202. Failure to appear for provisional asylum hearing; judicial review.
Sec. 203. Conforming amendments.
Sec. 204. Effective dates.
TITLE III—INSPECTIONS
Sec. 301. Preinspection at foreign airports.
Sec. 302. Expediting airport immigration processing.
Sec. 303. Visa waiver program.
Sec. 304. Training of airline personnel in detection of fraudulent documents.
Sec. 305. Fines for unlawful bringing of aliens into the United States.
TITLE IV—AUTHORIZATION OF APPROPRIATIONS FOR THE
IMMIGRATION AND NATURALIZATION SERVICE
Sec. 401. Authorization of appropriations for I.N.S. for fiscal years 1994 and
1995.
TITLE I—SMUGGLING AND FRAUD
SEC. 101. 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.
‘‘(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.
‘‘(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(C)(ii)(I), 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)(A) Subject to subparagraph (B), an alien
has not entered the United States for purposes of
this Act unless and until such alien has been in-
spected and admitted by an immigration officer pur-
suant to this subsection.
‘‘(B) An alien who (i) is physically present in
the United States, (ii) has been physically present in
the United States for a continuous period of one
year, and (iii) has not been inspected and admitted
by an immigration officer shall be deemed to have
entered the United States without inspection.’’.
(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. 102. ENHANCED PENALTIES FOR ALIEN SMUGGLING.
(a) 
ADDITIONAL
CRIMINAL
PENALTY.—Section
274(a)(1) (8 U.S.C. 1324(a)(1)) is amended—
(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 ‘‘shall be fined’’ and all that fol-
lows and inserting the following: ‘‘shall, for each
alien in respect to whom any violation of this para-
graph occurs, be fined in accordance with title 18,
United States Code, imprisoned not more than 5
years (or 10 years in the case of a violation of sub-
paragraph (A) or (E)), or 20 years if during and in
relation to the violation the person causes serious
bodily injury (as defined in section 1365 of title 18,
United States Code) to, or places in jeopardy the life
of, any alien, or for any term of years up to life if
during and in relation to the violation the person
causes the death of any alien, or both.’’.
(b) TREATMENT OF SMUGGLING AS AN AGGRAVATED
FELONY.—The first sentence of section 101(a)(43) (8
U.S.C. 1101(a)(43)) is amended by inserting ‘‘or any of-
fense under section 274(a)’’ before ‘‘for which the term
of imprisonment’’.
SEC. 103. 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 blindness 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
property.’’.
(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. 104. WIRETAP AUTHORITY FOR ALIEN SMUGGLING
INVESTIGATIONS.
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);’’.
SEC. 105. 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. 106. 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 and shall apply to aliens
who arrive in or seek admission to the United States on
or after such date.
(b) SMUGGLING.—The amendment made by section
102(b) shall apply to offenses for which convictions are
entered before, on, or after the date of the enactment of
this Act.
(c) INTERIM REFERENCE
TO PROVISIONAL ASY-
LUM.—Any reference in section 235(b)(2) of the Immigra-
tion and Nationality Act (as amended by section 101(a)
of this Act) to provisional asylum under section 208 of
the Immigration and Nationality Act shall be deemed, be-
fore the effective date of the amendment made by section
201(a), to be a reference to asylum under section 208 of
such Act.
TITLE II—ASYLUM
SEC. 201. ASYLUM.
(a) IN GENERAL.—Section 208 (8 U.S.C. 1158) is
amended to read as follows:
‘‘ASYLUM
‘‘SEC. 208. (a) PROVISIONAL ASYLUM.—