I
103D CONGRESS
1ST SESSION
H. R. 2836
To improve the admissions process at airports and other ports of entry,
to strengthen criminal sanctions for alien smuggling and related criminal
activities, and to enhance the investigatory authority of the Immigration
and Naturalization Service.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 3, 1993
Mr. BROOKS (for himself and Mr. MAZZOLI) (both by request) introduced the
following bill; which was referred to the Committee on the Judiciary
A BILL
To improve the admissions process at airports and other
ports of entry, to strengthen criminal sanctions for alien
smuggling and related criminal activities, and to enhance
the investigatory authority of the Immigration and Natu-
ralization 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.
This Act may be cited as the ‘‘Expedited Exclusion
and Alien Smuggling Enhanced Penalties Act of 1993’’.
SEC. 2. RESTRICTIONS ON ADMISSIONS FRAUD.
(a) EXCLUSION FOR FRAUDULENT DOCUMENTS OR
FAILURE
TO
PRESENT
DOCUMENTS.—Section
212(a)(6)(C) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(C)) is amended)—
(1) by striking out ‘‘(C) MISREPRESENTATION’’
and inserting in lieu thereof the following:
‘‘(C) FRAUD, MISREPRESENTATION, AND
FAILURE TO PRESENT DOCUMENTS’’; and
(2) by adding at the end the following new
clause:
‘‘(iii) FRAUD, MISREPRESENTATION,
AND FAILURE TO PRESENT DOCUMENTS:
‘‘(I) Any alien who, in seeking
entry to the United States or board-
ing a common carrier for the purpose
of coming to the United States pre-
sents any document which, in the de-
termination of the immigration offi-
cer, is forged, counterfeit, altered,
falsely made, stolen, or inapplicable to
the person presenting the document,
or otherwise contains a misrepresenta-
tion of a material fact, is excludable.
‘‘(II) Any alien who is required
to present a document relating to the
alien’s eligibility to enter the United
States prior to boarding a common
carrier for the purpose of coming to
the United States and who fails to
present such document to an immi-
gration officer upon arrival at a port
of entry into the United States is ex-
cludable.’’.
(b) PROVISION FOR ASYLUM AND OTHER DISCRE-
TIONARY RELIEF.
(1) Section 208 of the Immigration and Nation-
ality Act (8 U.S.C. 1158) is amended by adding at
the end the following new subsection:
‘‘(e)(1) Notwithstanding subsection (a), any alien
who, in seeking entry to the United States or boarding
a common carrier for the purpose of coming to the United
States, presents any document which, in the determination
of the immigration officer, is fraudulent, forged, stolen,
or inapplicable to the person presenting the document, or
otherwise contains a misrepresentation of a material fact,
may not apply for or be granted asylum, unless presen-
tation of the document was pursuant to direct departure
from a country in which the alien has a credible fear of
persecution or of return to persecution.
‘‘(2) Notwithstanding subsection (a), an alien who
boards a common carrier for the purpose of coming to the
United States through the presentation of any document
which relates or purports to relate to the alien’s eligibility
to enter the United States, and who fails to present such
document to an immigration officer upon arrival at a port
of entry into the United States, may not apply for or be
granted asylum, unless presentation of such document was
pursuant to direct departure from a country in which the
alien has a credible fear of persecution or of return to per-
secution.
‘‘(3) Notwithstanding subsection (a), an alien de-
scribed in section 235(d)(3) may not apply for or be grant-
ed asylum, unless the person departed directly from a
country in which the alien has a credible fear of persecu-
tion or of return to persecution.
‘‘(4) Notwithstanding paragraphs (1), (2), and (3),
the Attorney General may, in the Attorney General’s sole
discretion, permit an alien described in paragraphs (1),
(2), or (3) to apply for asylum.
‘‘(5)(A) When an immigration officer has determined
that an alien has sought entry under either of the cir-
cumstances described in paragraphs (1) or (2) or is an
alien described in section 235(d)(3) and the alien has indi-
cated a desire to apply for asylum, the immigration officer
shall refer the matter to an asylum officer who shall inter-
view the alien to determine whether presentation of the
document was pursuant to direct departure from a coun-
try in which the alien has a credible fear of persecution
or of return to persecution, or, in the case of an alien de-
scribed in section 235(d)(3), whether the alien had directly
departed from such a country.
‘‘(B) If the officer determines that the alien does not
have a credible fear of persecution or of return to persecu-
tion in the country in which the alien was last present
prior to attempting entry into the United States or arriv-
ing in the United States or a port of entry under the cir-
cumstances described in section 235(d)(3), the alien may
be specially excluded and deported in accordance with sec-
tion 235(e).
‘‘(C) The Attorney General shall provide by regula-
tion for the prompt review of a determination under sub-
paragraph (B) that an alien does not have a credible fear
of persecution or of return to persecution in the country
in which the alien was last present. Such review shall be
by an officer who shall possess qualifications at least
equivalent to those of an asylum officer, who shall be em-
ployed by an agency or division independent of the Service,
and who shall have discretion to review any aspect of the
initial determination. The Attorney General shall provide
gee status determination, to a country with re-
spect to which there is a substantial likelihood
that he or she could establish eligibility as a
refugee 
within 
the 
meaning 
of 
section
101(a)(42)(A).
‘‘(7) As used in this subsection, the term ‘asylum offi-
cer’ means a person who—
‘‘(A) has had extensive professional training in
country conditions, asylum law, and interview tech-
niques;
‘‘(B) has been employed for at least one year in
a position the primary responsibility of which is the
adjudication of asylum claims or who has substan-
tially equivalent experience; and
‘‘(C) is supervised by an officer who meets con-
ditions (A) and (B) above.’’.
(2) Section 235 of the Immigration and Nation-
ality Act (8 U.S.C. 1225) is amended by adding at
the end the following new subsection:
‘‘(d)(1) Subject to paragraph (2), any alien who has
not been admitted to the United States, and who is exclud-
able under section 212(a)(6)(C)(iii), or who is an alien de-
scribed in paragraph (3), is ineligible for withholding of
deportation pursuant to section 243(h), and may not apply
therefor or for any other relief under this Act, except that
an alien found to have a credible fear of persecution or
of return to persecution in accordance with section 208(e)
shall be taken before a special inquiry officer for exclusion
proceedings in accordance with section 236 and may apply
for asylum, withholding of deportation, or both in the
course of such proceedings.
‘‘(2) An alien described in paragraph (1) who has
been found ineligible to apply for asylum under section
208(e) may be returned under the provisions of this sec-
tion only to a country in which he or she has no credible
fear of persecution or of return to persecution. If there
is no country to which the alien can be returned in accord-
ance with the provisions of this paragraph, the alien shall
be taken before a special inquiry officer for exclusion pro-
ceedings in accordance with section 236 and may apply
for asylum, withholding of deportation, or both in the
course of such proceedings.
‘‘(3) Any alien who is excludable under section
212(a), and who has been brought or escorted under the
authority of the United States: (a) into the United States,
having been on board a vessel encountered seaward of the
territorial sea by officers of the United States, or (b) to
a port of entry, having been on board a vessel encountered
within the territorial sea or internal waters of the United
States, shall either be detained on board the vessel on
which such person arrived or in such facilities as are des-
ignated by the Attorney General or paroled in the discre-
tion of the Attorney General pursuant to section 212(d)(5)
pending accomplishment of the purpose for which the per-
son was brought or escorted into the United States or to
the port of entry: Provided, however, That no alien shall
be detained on board a public vessel of the United States
without the concurrence of the Secretary of the Depart-
ment under whose authority the vessel is operating.’’.
(3) Section 237(a) of the Immigration and Na-
tionality Act (8 U.S.C. 1227(a)) is amended—
(A) in the second sentence of paragraph
(1) by striking out ‘‘Deportation’’ and inserting
in lieu thereof ‘‘Subject to section 235(d)(2),
deportation’’; and
(B) in the first sentence of paragraph (2)
by striking out ‘‘If’’ and inserting in lieu there-
of ‘‘Subject to section 235(d)(2), if’’.
SEC. 3. SPECIAL PORT OF ENTRY EXCLUSION FOR ADMIS-
SIONS FRAUD.
Section 235 of the Immigration and Nationality Act
(8 U.S.C. 1225) is amended by adding after subsection
(d) the following new subsection:
‘‘(e)(1) Subject to paragraph (d)(2), any alien (in-
cluding an alien crewman) who—
‘‘(A) may appear to the examining immigration
officer or to the special inquiry officer during the ex-
amination before either of such officers to be exclud-
able under section 212(a)(6)(C)(iii) of the Immigra-
tion and Nationality Act may be ordered specially
excluded and deported by the Attorney General, ei-
ther by a special inquiry officer or otherwise.
‘‘(B) was brought to the United States pursu-
ant to subsection (d)(3) and who may appear to an
examining immigration officer to be excludable may
be ordered specially excluded and deported by the
Attorney General without any further inquiry, either
by a special inquiry officer or otherwise.
‘‘(2) Such special exclusion order is not subject to
administrative appeal, except that the Attorney General
shall provide by regulation for prompt review of such an
order against an applicant who claims to have been law-
fully admitted for permanent residence. A special exclu-
sion order entered in accordance with the provisions of
this subsection shall have the same effect as if the alien
had been ordered excluded and deported pursuant to sec-
tion 236, except that judicial review of such an order shall
be available only under section 106.
‘‘(3) Nothing in this subsection shall be regarded as
requiring an inquiry before a special inquiry officer in the
case of an alien crewman.’’.
SEC. 4. JUDICIAL REVIEW.
(a) Section 106 of the Immigration and Nationality
Act (8 U.S.C. 1105a) is amended by changing the heading
to read ‘‘JUDICIAL REVIEW OF ORDERS OF DEPORTATION
AND EXCLUSION, AND SPECIAL EXCLUSION’’, and by add-
ing at the end the following new subsection:
‘‘(d)(1) Notwithstanding any other provision of law,
and except as provided in this subsection, no court shall
have jurisdiction to review any individual determination,
or to entertain any other cause or claim, arising from or
relating to the implementation or operation of the special
exclusion 
provisions 
contained 
in 
sections 
208(e),
212(a)(6)(C)(iii), 235(d), and 235(e). Regardless of the
nature of the action or claim, or the party or parties bring-
ing the action, no court shall have jurisdiction or authority
to enter declaratory, injunctive, or other equitable relief
not specifically authorized in this subsection, nor to certify
a class under Rule 23 of the Federal Rules of Civil Proce-
dure.
‘‘(2) Judicial review of any cause, claim, or individual
determination covered under paragraph (d)(1) shall only
be available in habeas corpus proceedings, and shall be
limited to determinations of: (i) whether the petitioner is
an alien, if the petitioner makes a showing that his or her
claim of United States nationality is not frivolous; (ii)
whether the petitioner was ordered specially excluded; and
(iii) whether the petitioner can prove by a preponderance
of the evidence that he or she is an alien lawfully admitted
for permanent residence and is entitled to such further
inquiry as is prescribed by the Attorney General pursuant
to section 235(e)(2).
‘‘(3) In any case where the court determines that an
alien was not ordered specially excluded, or was not prop-
erly subject to special exclusion under the regulations
adopted by the Attorney General, the court may order no
relief beyond requiring that the alien receive a hearing in
accordance with section 236, or a determination in accord-
ance with section 235(c) or 273(d). Any alien excludable
under section 212(a)(6)(C)(iii) who receives a hearing
under section 236, whether by order of court or otherwise,
may thereafter obtain judicial review of any resulting final
order of exclusion pursuant to subsection (b).
‘‘(4) In determining whether an alien has been or-
dered specially excluded, the court’s inquiry shall be lim-
ited to whether such an order was in fact issued and
whether it relates to the petitioner. There shall be no re-
view of whether the alien is actually excludable under