[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2533 Introduced in Senate (IS)]
103d CONGRESS
2d Session
S. 2533
To amend the Immigration and Nationality Act to protect Americans
against criminal activity by aliens, to defend against acts of
international terrorism, and to relieve pressure on public services by
enhancing border security and diminishing legal immigration into the
United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 6 (legislative day, September 12), 1994
Mr. Smith (for himself and Mr. Faircloth) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to protect Americans
against criminal activity by aliens, to defend against acts of
international terrorism, and to relieve pressure on public services by
enhancing border security and diminishing legal immigration into the
United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Control and Reform Act
of 1994.''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--LEGAL IMMIGRATION REFORM
Subtitle A--Admission of Legal Immigrants
Sec. 101. Reduction in annual legal immigration ceilings.
Sec. 102. Redefinition of immediate relatives.
Sec. 103. Revision of preference allocations for family-sponsored
immigrants.
Sec. 104. Revision of preference allocations for employment-based
immigrants.
Sec. 105. Conforming amendments.
Sec. 106. Transition.
Sec. 107. Repeal.
Subtitle B--Admission of Refugees
Sec. 111. Number of admissions.
TITLE II--ILLEGAL IMMIGRATION CONTROL
Subtitle A--Land Borders Control
Sec. 201. Placement of additional physical barriers.
Sec. 202. Establishment of interior repatriation program.
Subtitle B--Ports of Entry Control
Sec. 211. Requirement of 24 hours' notice of arrivals by ships.
Subtitle C--Overseas Airports Control
Sec. 221. Establishment of additional preinspection stations.
Sec. 222. Training of airline personnel in detection of fraud.
Subtitle D--Alien Smuggling Control
Sec. 231. Expansion of alien smuggling asset forfeiture program.
Sec. 232. Inclusion of alien smuggling in RICO Act.
Sec. 233. Enhanced penalties for alien smuggling and employment.
Sec. 234. Provision of wiretap authority for investigations.
Subtitle E--Employer Sanctions Enforcement
Sec. 241. Improvement of work eligibility verification systems.
Subtitle F--Prohibition on Welfare Benefits to Illegal Aliens
Sec. 251. Prohibition of welfare benefits to illegal aliens.
Sec. 252. Prohibition of unemployment benefits to illegal aliens.
Sec. 253. Prohibition of housing benefits to illegal aliens.
Sec. 254. Enhancement of legal alien entitlement verification.
Subtitle G--State and Local Cooperation in Immigration Enforcement
Sec. 261. Prohibition on financial assistance.
Sec. 262. Establishment of program for uniform vital statistics.
TITLE III--EXCLUSION AND DEPORTATION REFORM
Subtitle A--Criminal Aliens
Sec. 301. Registration of aliens on probation and parole.
Sec. 302. Expansion of definition of aggravated felony.
Sec. 303. Authorization of judicial deportation orders.
Sec. 304. Restrictions on defenses to deportation by criminals.
Sec. 305. Establishment of alien prisoner transfer treaty study.
Subtitle B--Terrorist Aliens
Sec. 311. Removal of alien terrorists.
Sec. 312. Mandatory exclusion for membership in terror group.
Subtitle C--Enforcement of Deportation Orders
Sec. 321. Limitations on collateral attacks on underlying deportation
orders.
Subtitle D--Expedited Asylum Review at Ports of Entry
Sec. 331. Establishment of expedited asylum review program.
Subtitle E--Asylum Reform
Sec. 341. Asylum.
Sec. 342. Failure to appear for asylum hearing; judicial review.
Sec. 343. Conforming amendments.
Sec. 344. Effective dates.
Subtitle F--Miscellaneous Provisions
Sec. 351. Authorization of telephonic deportation hearings.
Sec. 352. Construction of expedited deportation requirements.
TITLE IV--EFFECTIVE DATE
Sec. 401. Effective date.
TITLE I--LEGAL IMMIGRATION REFORM
Subtitle A--Admission of Legal Immigrants
SEC. 101. REDUCTION IN ANNUAL LEGAL IMMIGRATION CEILINGS.
(a) Family-Sponsored Immigration.--Section 201(c)(1) of the
Immigration and Nationality Act (8 U.S.C. 1151) is amended to read as
follows:
``(c) Worldwide Level of Family-Sponsored Immigrants.--(1) The
worldwide level of family-sponsored immigrants under this subsection
for a fiscal year is equal to--
``(A) 300,000, minus
``(B) the number computed under paragraph (2), plus
``(C) the number computed under paragraph (3).''.
(b) Employment-Based Immigration.--Section 201(d)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1151(d)(1)(A)) is amended by
striking ``140,000'' and inserting ``30,000''.
(c) Diversity Immigration.--Section 201(e) of the Immigration and
Nationality Act (8 U.S.C. 1151(e)) is amended by striking ``55,000''
and inserting ``35,000''.
SEC. 102. REDEFINITION OF IMMEDIATE RELATIVES.
Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)) is amended by striking ``children, spouses,
and parents of a citizen of the United States, except that, in the case
of parents, such citizens shall be at least 21 years of age'' and
inserting ``children and spouses of a citizen of the United States''.
SEC. 103. REVISION OF PREFERENCE ALLOCATIONS FOR FAMILY-SPONSORED
IMMIGRANTS.
Paragraphs (1) through (4) of section 203(a) of the Immigration and
Nationality Act are amended to read as follows:
``(1) Spouses and children of permanent resident aliens.--
Qualified immigrants who are the spouses or children of an
alien lawfully admitted for permanent residence shall be
allocated visas in a number equal to 40 percent of the
difference between such worldwide level and the number of
immediate relative visas required, plus any visas not required
for the class specified in paragraph (1).
``(2) Parents of adult united states citizens.--Qualified
immigrants who are the parents of citizens of the United States
who are at least 21 years of age shall be allocated visas in a
number equal to 60 percent of the difference between such
worldwide level and the number of immediate relative visas
required, plus any visas not required for the class specified
in paragraph (1).
``(3) Sons and daughters of united states citizens.--
Qualified immigrants holding priority dates as of the effective
date of this paragraph who are the sons and daughters of
citizens of the United States shall be allocated visas in a
number equal to 75 percent of the maximum number of visas
available but not issued under paragraphs (1) and (2).
``(4) Sons and daughters of permanent resident aliens.--
Qualified immigrants holding priority dates as of the effective
date of this paragraph who are the sons and daughters of
permanent resident aliens shall be allocated visas in a number
equal to 25 percent of the maximum number of visas available
but not issued under paragraphs (1) and (2).
``(5) Brothers and sisters of citizens.--Qualified
immigrants holding priority dates as of the effective date of
this paragraph who are the brothers or sisters of citizens of
the United States, if such citizens are at least 21 years of
age, shall be allocated visas in a number equal to the number
of visas not required for the classes specified in paragraphs
(3) and (4).''.
SEC. 104. REVISION OF PREFERENCE ALLOCATIONS FOR EMPLOYMENT-BASED
IMMIGRANTS.
(a) Adjustment in Allocations as Percentage of Worldwide Level.--
(1) Section 203(b)(1) of such Act is amended by striking ``28.6
percent'' and inserting ``50 percent''.
(2) Section 203(b)(2)(A) of such Act is amended by striking ``28.6
percent'' and inserting ``50 percent''.
(3) Section 203(b)(1) of such Act is amended by striking ``, plus
any visas not required for the classes specified in paragraphs (4) and
(5),''.
(b) Allocations for Backlogged Previous Preferences.--(1) Section
203(b)(3)(A) of such Act (8 U.S.C. 1153(b)(3)(A)), in the text above
clause (i), is amended to read as follows:
``(A) In general.--Visas shall be made available in
a number equal to the number of visas not required for
the classes specified in paragraphs (1) and (2) to the
following classes of aliens not described in paragraph
(2) who are qualified immigrants holding priority dates
as of the effective date of this paragraph:''.
(2) Section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)) is amended
by striking ``in a number not to exceed 7.1 percent of such worldwide
level, to qualified special immigrants'' and inserting ``in a number
equal to the number of visas not required for the classes specified in
paragraphs (1) through (3), to qualified special immigrants holding
priority dates as of the effective date of this Act who are''.
(3) Section 203(b)(5)(A) of such Act (8 U.S.C. 1153(b)(5)(A)), in
the text above clause (i), is amended to read as follows:
``(A) In general.--Visas shall be made available in
a number equal to the number of visas not required for
paragraphs (1) through (4) to qualified immigrants
holding priority dates as of the effective date of this
paragraph who are seeking to enter the United States
for the purpose of engaging in a new commercial
enterprise--''.
(4) Section 203(b)(6) of such Act (8 U.S.C. 1153(b)(6)) is
repealed.
SEC. 105. CONFORMING AMENDMENTS.
Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154)
is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``paragraph
(1), (3), or (4)'' and inserting ``paragraph (1) or
(3)'';
(B) in subparagraph (D), by striking ``203(b)(2),
or 203(b)(3)'' and inserting ``or 203(b)(2)'';
(C) by redesignating subparagraph (E)(ii) as
subparagraph (E);
(D) by striking subparagraph (E)(i);
(E) by striking subparagraph (F); and
(F) by redesignating subparagraph (G) as
subparagraph (F); and
(2) in subsection (b), by striking ``or 203(b)(3)''.
SEC. 106. TRANSITION.
(a) Parents of Citizens; Unmarried Sons and Daughters of
Citizens.--Any petition filed under section 204(a) of the Immigration
and Nationality Act before the effective date of this Act for--
(1) immediate relative status as a parent of a United
States citizen who is at least 21 years of age,
(2) preference status under section 203(a)(1) of such Act
(as in effect before such date),
(3) preference status under section 203(a)(2) by virtue of
being the spouse or child of a permanent resident alien, or
(4) preference status under section 203(a)(2) by virtue of
being the son or daughter of a permanent resident alien,
shall be deemed, as of such date, to be a petition filed under such
section for preference status under section 203(a)(2), section
203(a)(3), 203(a)(1), or 203(a)(4), respectively, of such Act (as
amended by this Act).
(b) Eliminated Preference Classifications.--Beginning on the
effective date of this Act--
(1) the Attorney General may not accept any petition filed
under section 204(a) for classification under section
203(a)(4), 203(b)(3), 203(b)(4), or 203(b)(5), as in effect
before the effective date of this Act; and
(2) each priority date established before the effective
date of this Act shall be maintained with respect to any
petition filed under section 204(a) of the Immigration and
Nationality Act before such date for preference status under
paragraph (1), (2), (3), or (4) of section 203(a) (as in effect
before such date) or paragraph (3), (4), or (5) of section
203(b) of such Act (as in effect before such date).
SEC. 107. REPEAL.
Section 301 of the Immigration Act of 1990 (Public Law 101-649)
(relating to admission of dependents of legalized aliens) is hereby
repealed.
Subtitle B--Admission of Refugees
SEC. 111. NUMBER OF ADMISSIONS.
Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157)
is amended by striking subsection (a) and inserting the following:
``(a) Except as provided in subsection (b), the number of refugees
who may be admitted under this section in any fiscal year may not
exceed 35,000. Admissions under this subsection shall be allocated by
the President among refugees of special humanitarian concern to the
United States.''.
TITLE II--ILLEGAL IMMIGRATION CONTROL
Subtitle A--Land Borders Control
SEC. 201. PLACEMENT OF ADDITIONAL PHYSICAL BARRIERS.
After consultation with the Commissioner of Immigration and
Naturalization, but not later than 6 months after the date of enactment
of this Act, the Attorney General shall submit a report to the chairmen
of the Committees on the Judiciary of the House of Representatives and
the Senate on the feasibility and cost of the placement of substantial
numbers of additional physical barriers at appropriate points on the
border between the United States and Mexico to deter and prevent
unauthorized crossings into the United States.
SEC. 202. ESTABLISHMENT OF INTERIOR REPATRIATION PROGRAM.
Not later than 180 days after the date of enactment of this Act,
the Attorney General, in consultation with the Commissioner of
Immigration and Naturalization, shall develop and implement a program
in which aliens who entered the United States illegally not less than
three times before such date and were deported or returned to a country
that is contiguous to the United States shall be returned to locations
that are not less than five hundred kilometers from that country's
border with the United States.
Subtitle B--Ports of Entry Control
SEC. 211. REQUIREMENT OF 24 HOURS' NOTICE OF ARRIVALS BY SHIPS.
The Attorney General is authorized to require, by regulation, not
less than 24 hours of advance notice to the Immigration and
Naturalization Service of the intention of any seagoing vessel to
arrive at any port of entry of the United States.
Subtitle C--Overseas Airports Control
SEC. 221. ESTABLISHMENT OF ADDITIONAL PREINSPECTION STATIONS.
(a) Preinspection Stations.--(1) After consultation with the
Secretary of State and the Commissioner of Immigration and
Naturalization, but not later than 6 months after the date of enactment
of this Act, the Attorney General shall submit a report to the chairmen
of the Committees on the Judiciary of the House of Representatives and
the Senate on the feasibility and cost of the establishment and
maintenance of preinspection stations in at least 10 of the foreign
airports that the Attorney General determines to be serving as the 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 that are established before the date of enactment of this
section.
(2) Not later than November 1 of each year, the Attorney General
shall compile data identifying--
(A) the foreign airports that served as the last points of
departure for aliens who arrived by air at ports of entry into
the United States without valid documentation during the
preceding fiscal year,
(B) the number and nationality of such aliens arriving from
each such foreign airport, and
(C) the primary routes that such aliens followed from their
countries of origin to the United States.
(3) Prior to the establishment of a preinspection station, the
Attorney General, in consultation with the Secretary 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 station is to be
established maintains practices and procedures with respect to
asylum seekers and refugees in accordance with the Convention
Relating to the Status of Refugees (done at Geneva on July 28,
1951) or the Protocol Relating to the Status of Refugees (done
at New York on January 31, 1967).
(b) Establishment of Carrier Consultant Program.--After
consultation with the Secretary of State and the Commissioner of
Immigration and Naturalization, but not later than 6 months after the
date of enactment of this Act, the Attorney General shall submit a
report to the chairmen of the Committees on the Judiciary of the House
of Representatives and the Senate on the feasibility and cost of the
assignment of substantial numbers of additional immigration officers to
assist air carriers in the detection of fraudulent documents at foreign
airports that, based on the records that are maintained in accordance
with subsection (a)(2), served as the points of departure for a
significant number of the aliens arriving at ports of entry into the
United States without valid documentation, but where no preinspection
station exists.
SEC. 222. TRAINING OF AIRLINE PERSONNEL IN DETECTION OF FRAUD.
(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 five percent of the total of the expenses incurred that
are described in the preceding sentence.''.
(b) Compliance With Detection Regulations.--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 comply with regulations of the Attorney General relating to
requirements of airlines for the detection of fraudulent documents that
are used by passengers traveling to the United States (including the
training of personnel in such detection), the Attorney General may
suspend the entry of some or all aliens transported to the United
States by such airline.''.
(c) Effective Dates.--
(1) The amendments made by subsection (a) shall apply to
expenses incurred on or after October 1, 1994.
(2) The Attorney General first shall 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 enactment of this Act.
Subtitle D--Alien Smuggling Control
SEC. 231. EXPANSION OF ALIEN SMUGGLING ASSET FORFEITURE PROGRAM.
(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 forfeiture:
``(i) Any conveyance, including any vessel, vehicle, 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 paragraphs (1) and (2) of subsection (a) of
section 274A.
``(ii) No property shall be forfeited under the provisions of this
section by reason of any act or omission established 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 provisions 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,
unless 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'' in each place in which it appears, and
(B) by striking ``is being used in'' and inserting
``is being used in, is facilitating, has facilitated,
is facilitating or was intended to facilitate''; and
(2) in paragraphs (4) and (5), by striking ``a
conveyance'', ``any conveyance'', and ``conveyance'' and
inserting ``property'' in each place in which it appears.
SEC. 232. INCLUSION OF ALIEN SMUGGLING IN RICO ACT.
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 that is indictable under section
274(a)(1) of the Immigration and Nationality Act (relating to
alien smuggling)''.
SEC. 233. ENHANCED PENALTIES FOR ALIEN SMUGGLING AND EMPLOYMENT.
Section 274(a)(1) of the Immigration and Nationality Act (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 subparagraph (D)
and inserting ``; or'',
(3) by inserting after subparagraph (D) the following:
``(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 employed
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. 234. PROVISION OF WIRETAP AUTHORITY FOR INVESTIGATIONS.
Section 2516(1) of title 18, United States Code, is amended--
(1) in subparagraph (c), by inserting after ``weapons),''
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);
(3) by redesignating paragraphs (m), (n), and (o) as
paragraphs (n), (o), and (p), respectively;
(4) by inserting after paragraph (l) the following 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 Nationality 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);''; and
(5) by striking ``and'' at the end of paragraph (o) (as
redesignated) and inserting ``or''.
Subtitle E--Employer Sanctions Enforcement
SEC. 241. IMPROVEMENT OF WORK ELIGIBILITY VERIFICATION SYSTEMS.
(a) Work Eligibility Documents and Verification of Eligibility To
Work.--Section 274A(b) of the Immigration and Nationality Act is
amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Attestation after examination and verification of
documentation.--The person or entity must attest, under penalty
of perjury and on a form designated or established by the
Attorney General by regulation, that it has been confirmed that
the individual is not an unauthorized alien by verifying the
individual's Social Security account number through the
verification system established pursuant to subsection
(d)(1).''
(2) by redesignating paragraphs (2), (3), (4), and (5) as
paragraphs (3), (4), (5), and (6), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Verification of continued work eligibility for aliens
with limited work authorization.--In the case of an alien whose
work authorization has an expiration date, a person or entity
who continues to employ such an alien after the date on which
the employment authorization expires must verify, through the
verification system established pursuant to subsection (d)(1),
that the alien's work authorization has been extended.''; and
(4) by adding at the end the following new paragraph:
``(7) Rule of statutory construction.--Notwithstanding any
other provision of law, a person or entity may not be
considered to discriminate by requesting the production of the
documentation required under this subsection in the hiring,
recruiting, or referring of an individual for employment in the
United States.''.
(b) Effective Dates.--(1) The amendment made by subsection (a)(1)
shall take effect on July 1, 1995.
(2) The amendments made by paragraphs (2), (3), and (4) of
subsection (a) shall take effect on the date of enactment of this Act.
(c) Establishment of Employment Verification System.--Section
274A(d) of the Immigration and Nationality Act is amended to read as
follows:
``(d) Employment Verification System.--
``(1) Establishment of verification system.--
``(A) In general.--The Secretary of Health and
Human Services, in consultation 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 permit verification
that an individual's Social Security number--
``(i) has been issued,
``(ii) was issued to an individual
authorized to work in the United States, and
``(iii) is not a number that was issued to
an individual who now is deceased and that has
not been reissued to a living individual.
The system shall also provide any other information
that the Attorney General and the Secretary of Health
and Human Services determine is needed to verify that
the number provided to the employer is the number that
was issued properly to that individual, that such
individual is authorized to work in the United States,
and that the individual providing the Social Security
number to the employer is the same person to whom the
number is assigned.
``(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 use of the
verification system in order to pay for the costs of
operating the system.
``(C) Effective date.--The verification system
required by this paragraph shall be operational not
later than July 1, 1995.
``(2) Privacy protections.--
``(A) Any personal information utilized by the
system may not be made available to Government
agencies, employers, and other persons except to the
extent necessary to verify that an individual is not an
unauthorized alien.
``(B) The system must protect the privacy and
security of personal information and identifiers
utilized in the system.
``(C) A verification that an employee or
prospective employee is eligible to be employed in the
United States may not be withheld or revoked under the
system for any reason other than that the employee or
prospective employee is an unauthorized alien.
``(D) The system may not be used for law
enforcement purposes, other than for the enforcement of
this Act or sections 1001, 1028, 1546, and 1621 of
title 18, United States Code.
``(E) Unauthorized use or disclosure of the
information or identifiers contained in the employment
verification system shall be punishable by civil and
criminal penalties.
``(3) Monitoring and improvements in the verification
system.--(A) The Attorney General shall provide for the
monitoring and evaluation of the degree to which the employment
verification system established under this section provides an
accurate, efficient, and secure system by which to determine
employment eligibility in the United States.
``(B) To the extent that the system established under this
section is found not to be an accurate, efficient, and secure
system by which to determine employment eligibility in the
United States, the Attorney General shall recommend such
changes or enhancements in the system as may be necessary to
achieve such a system.''.
(d) Conforming Amendments.--(1) Section 274A of the Immigration and
Nationality Act (8 U.S.C. 1324a(b)) is amended--
(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) The amendments made by this subsection shall take effect on
July 1, 1995.
Subtitle F--Prohibition on Welfare Benefits to Illegal Aliens
SEC. 251. PROHIBITION OF WELFARE BENEFITS TO ILLEGAL ALIENS.
(a) Direct Federal Financial Benefits.--Subject to subsection (b)
and the Immigration and Nationality Act, and notwithstanding any other
provision of law, an alien who is 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 otherwise) as such
benefits are identified by the Attorney General in consultation with
other appropriate heads of the various departments and agencies of the
Federal Government.
(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. 252. PROHIBITION OF UNEMPLOYMENT BENEFITS TO ILLEGAL ALIENS.
(a) Prohibition.--An alien who has not been granted employment
authorization pursuant to the Immigration and Nationality Act or other
Federal law shall be ineligible for unemployment compensation under an
unemployment compensation law of a State or the United States.
(b) Amount of Compensation.--An alien who has been granted
temporary work authorization shall be eligible only for such
unemployment compensation under a law of a State or the United States
as accrued during the time in which the alien was authorized to work.
(c) Definition.--As used in this section, the term ``State'' means
any of the several States of the United States, the District of
Columbia, Puerto Rico, Guam, and the Virgin Islands.
SEC. 253. PROHIBITION OF HOUSING BENEFITS TO ILLEGAL ALIENS.
(a) Limitation.--Notwithstanding section 251 or any other provision
of law, no alien who is not a permanent 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 cooperative 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 behalf of
homeowners under section 235 of the National 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 mutual 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. 254. ENHANCEMENT OF LEGAL ALIEN ENTITLEMENT VERIFICATION.
There are authorized to be appropriated for each of the fiscal
years 1995, 1996, 1997, 1998, and 1999 such sums as may be necessary to
carry out the purposes of the automated System for Alien Verification
of Eligibility (SAVE) that was established under section 121 of the
Immigration Reform and Control Act of 1986 (Public Law 99-603).
Subtitle G--State and Local Cooperation in Immigration Enforcement
SEC. 261. PROHIBITION ON FINANCIAL ASSISTANCE.
(a) In General.--No State or local government or agency that the
Attorney General determines has an official policy of refusing to
cooperate with officers or employees of the Immigration and
Naturalization Service with respect to the identification, location,
arrest, prosecution, detention, or deportation of aliens who are not
lawfully present within the United States, shall be eligible for any
Federal funds from appropriations made to the Department of Justice for
as long as the policy of noncooperation remains in effect.
(b) Reimbursement Prohibited.--No State or local government (or any
agency thereof) that is ineligible for assistance under subsection (a)
may be reimbursed for such assistance after the termination of such
ineligibility.
SEC. 262. ESTABLISHMENT OF PROGRAM FOR UNIFORM VITAL STATISTICS.
(a) Pilot Program.--The Secretary of Health and Human Services
shall consult with each State agency that is responsible for the
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
that creates 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 certificates.
(b) Report.--Not later than 180 days after the establishment of the
pilot program under subsection (a), the Secretary shall submit a report
to Congress containing recommendations on how the pilot program could
be instituted effectively as a national network for the United States.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
TITLE III--EXCLUSION AND DEPORTATION REFORM
Subtitle A--Criminal Aliens
SEC. 301. REGISTRATION OF ALIENS ON PROBATION AND PAROLE.
Section 263(a) of the Immigration and Nationality Act (8 U.S.C.
1303(a)) is amended by striking ``and (5)'' and inserting ``(5) aliens
who are or have been on criminal probation or parole pursuant to the
laws of the United States or of any State, and (6)''.
SEC. 302. EXPANSION OF DEFINITION OF AGGRAVATED FELONY.
(a) Expansion in Definition.--Section 101(a)(43) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(43)) is amended to read as
follows:
``(43) The term `aggravated felony' means--
``(A) murder;
``(B) any illicit trafficking in any controlled substance
(as defined in section 102 of the Controlled Substances Act),
including any drug trafficking crime as defined in section
924(c) of title 18, United States Code;
``(C) any illicit trafficking in any firearms or
destructive devices as defined in section 921 of title 18,
United States Code, or in explosive materials as defined in
section 841(c) of title 18, United States Code;
``(D) any offense described in sections 1951 through 1963
of title 18, United States Code;
``(E) any defense described in--
``(i) subsections (h) or (i) of section 842, title
18, United States Code, or subsection (d), (e), (f),
(g), (h), or (i) of section 844 of title 18, United
States Code (relating to explosive materials offenses),
``(ii) paragraph (1), (2), (3), (4), or (5) of
section 922(g), or section 922(j), section 922(n),
section 922(o), section 922(p), section 922(r), section
924(b), or section 924(h) of title 18, United States
Code (relating to firearms offenses), or
``(iii) section 5861 of title 26, United States
Code (relating to firearms offenses);
``(F) any crime of violence (as defined in section 16 of
title 18, United States Code) for which the term of
imprisonment imposed (regardless of any suspension of such
imprisonment) is at least 5 years;
``(G) any theft offense (including receipt of stolen
property) or any burglary offense, where a sentence of 5 years
of imprisonment or more may be imposed;
``(H) any offense described in section 875, section 876,
section 877, or section 1202 of title 18, United States Code
(relating to the demand for or receipt of ransom);
``(I) any offense described in section 2251, section 2251A
or section 2252 of title 18, United States Code (relating to
child pornography);
``(J) any offense described in section 1084 of title 18,
United States Code, where a sentence of 5 years of imprisonment
or more may be imposed;
``(K) any offense relating to commercial bribery,
counterfeiting, forgery or trafficking in vehicles whose
identification numbers have been altered, where a sentence of 5
years of imprisonment or more may be imposed;
``(L) any offense--
``(i) relating to the owning, controlling, managing
or supervising of a prostitution business,
``(ii) described in section 2421 through 2424 of
title 18, United States Code, for commercial advantage,
or
``(iii) described in sections 1581 through 1585, or
section 1588, of title 18, United States Code (relating
to peonage, slavery, and involuntary servitude);
``(M) any offense relating to perjury or subornation of
perjury where a sentence of 5 years of imprisonment or more may
be imposed;
``(N) any offense described in--
``(i) section 793 (relating to gathering or
transmitting national defense information), section 798
(relating to disclosure of classified information),
section 2153 (relating to sabotage) or section 2381 or
section 2382 (relating to treason) of title 18, United
States Code, or
``(ii) section 421 of title 50, United States Code
(relating to protecting the identity of undercover
intelligence agents);
``(O) any offense--
``(i) involving fraud or deceit where the loss to
the victim or victims exceeded $200,000; or
``(ii) described in section 7201 of the Internal
Revenue Code of 1986 (relating to tax evasion), where
the tax loss to the Government exceeds $200,000;
``(P) any offense described in section 274(a)(1) of the
Immigration and Nationality Act (relating to alien smuggling)
for the purpose of commercial advantage;
``(Q) any violation of section 1546(a) of title 18, United
States Code (relating to document fraud), for the purpose of
commercial advantage; or
``(R) any offense relating to failing to appear before a
court pursuant to a court order to answer to or dispose of a
charge of a felony, where a sentence of 2 years or more may be
imposed,
or any attempt or conspiracy to commit any such act. Such term applies
to offenses described in this paragraph whether in violation of Federal
or State law and applies to such offenses in violation of the laws of a
foreign country for which the term of imprisonment was completed within
the previous 15 years.''.
(b) Effective Date.--The amendment made by this section shall apply
to all convictions entered before, on, or after the date of enactment
of this Act.
SEC. 303. AUTHORIZATION OF JUDICIAL DEPORTATION ORDERS.
(a) Judicial Deportation.--Section 242A of the Immigration and
Nationality Act (8 U.S.C. 1252a) is further amended by adding at the
end the following new subsection:
``(d) Judicial Deportation.--
``(1) Authority.--Notwithstanding any other provision of
this Act, a United States district court shall have
jurisdiction to enter a judicial order of deportation at the
time of sentencing against an alien whose criminal conviction
causes such alien to be deportable under section
242(a)(2)(A)(iii) (relating to conviction of an aggravated
felony), if such an order has been requested prior to
sentencing by the United States Attorney with the concurrence
of the Commissioner.
``(2) Procedure.--(A) The United States Attorney shall
provide notice of intent to request judicial deportation
promptly after the entry in the record of an adjudication of
guilt or guilty plea. Such notice shall be provided to the
court, to the alien, and to the alien's counsel of record.
``(B) Notwithstanding section 242B, the United States
Attorney, with the concurrence of the Commissioner, shall file
at least 20 days prior to the date set for sentencing a charge
containing factual allegations regarding the alienage of the
defendant and satisfaction by the defendant of the definition
of aggravated felony.
``(C) If the court determines that the defendant has
presented substantial evidence to establish prima facie
eligibility for relief from deportation under section 212(c),
the Commissioner shall provide the court with a recommendation
and report regarding the alien's eligibility for relief under
such section. The court shall either grant or deny the relief
sought.
``(D)(i) The alien shall have a reasonable opportunity to
examine the evidence against him or her, to present evidence on
his or her behalf, and to cross-examine any witnesses that are
presented by the Government.
``(ii) The court, for the purposes of determining whether
to enter an order described in paragraph (1), shall only
consider evidence that would be admissible in proceedings that
are conducted pursuant to section 242(b).
``(iii) Nothing in this subsection shall limit the
information that a court of the United States may receive or
consider for the purpose of imposing an appropriate sentence.
``(iv) The court may order the alien deported if the
Attorney General demonstrates by clear and convincing evidence
that the alien is deportable under this Act.
``(3) Notice, appeal, and execution of judicial orders of
deportation.--(A)(i) A judicial order of deportation, or the
denial of such an order, may be appealed by either party to the
court of appeals for the circuit in which the district court is
located.
``(ii) Except as provided in clause (iii), such appeal
shall be considered consistent with the requirements that are
described in section 106.
``(iii) Upon the execution by the defendant of a valid
waiver of the right to appeal the conviction on which the order
of deportation is based, the expiration of the period that is
described in section 106(a)(1), or the final dismissal of an
appeal from such a conviction, the order of deportation shall
become final and shall be executed at the end of the prison
term in accordance with the terms of the order.
``(B) As soon as is practicable after the entry of a
judicial order of deportation, the Commissioner shall provide
the defendant with a written notice of the order of
deportation, which shall designate the defendant's country of
choice for deportation and any alternate country pursuant to
section 243(a).
``(4) Denial of judicial order.--The denial of a request
for a judicial order of deportation shall not preclude the
Attorney General from initiating deportation proceedings
pursuant to section 242 upon the same ground of deportability
or upon any other ground of deportability that is provided
under section 241(a).''.
(b) Technical and Conforming Changes.--The ninth sentence of
section 242(b) of the Immigration and Nationality Act (8 U.S.C.
1252(b)) is amended by striking out ``The'' and inserting in lieu
thereof, ``Except as provided in section 242A(d), the''.
(c) Effective Date.--The amendments made by this section shall
apply to all aliens whose adjudications of guilt or guilty pleas are
entered in the record after the date of enactment of this Act.
SEC. 304. RESTRICTIONS ON DEFENSES TO DEPORTATION BY CRIMINALS.
(a) Defenses Based on Seven Years of Permanent Residence.--The last
sentence of section 212(c) of the Immigration and Nationality Act (8
U.S.C. 1182(c)) is amended by striking out ``has served for such felony
or felonies'' and all that follows through the period and inserting in
lieu thereof ``has been sentenced for such felony or felonies to a term
of imprisonment of at least 5 years, if the time for appealing such a
conviction or sentence has expired and the sentence has become
final.''.
(b) Defenses Based on the Withholding of Deportation.--Section
243(h)(2) of the Immigration and Nationality Act (9 U.S.C. 1253(h)(2))
is amended--
(1) by striking out the ``or'' at the end of subparagraph
(C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; or'';
(3) by inserting after subparagraph (D) the following new
subparagraph:
``(E) the alien has been convicted of an aggravated
felony.''; and
(4) by striking the last sentence.
SEC. 305. ESTABLISHMENT OF ALIEN PRISONER TRANSFER TREATY STUDY.
(a) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State and the Attorney General
shall submit to the Congress a report that describes the use and
effectiveness of the Prisoner Transfer Treaty with Mexico (in this
section referred to as the ``Treaty'') 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 who have been convicted of a
criminal offense in the United States since November 30, 1977,
who have been, or are, eligible for transfer pursuant to the
Treaty.
(2) The number of aliens who are described in paragraph (1)
who have been transferred pursuant to the Treaty.
(3) The number of aliens who are described in paragraph (2)
who have been incarcerated in full compliance 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 who are described in paragraph (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 that are disproportionately
harmed by aliens who have been convicted of criminal offenses as the
Secretary and the Attorney General consider to be 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 criminal offenses in the United
States.
(2) Changes in State and local laws, regulations, and
policies affecting the identification, prosecution, and
deportation of aliens who have committed criminal offenses in
the United States.
(3) Changes in the Treaty that may be necessary in order to
increase the number of aliens who have been convicted of crimes
who may be transferred pursuant to the Treaty.
(4) Methods for preventing the unlawful reentry 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 officials of the
Mexican Government on programs to achieve the goals of, and
ensure full compliance with, the Treaty.
(6) An assessment of whether the recommendations under this
subsection require the renegotiation of the Treaty.
(7) The additional funds required to implement each
recommendation under this subsection.
(d) Definition.--As used in this section, the term ``Prisoner
Transfer Treaty with Mexico'' refers to the Treaty Between the United
States of America and the United Mexican States on the Execution of
Penal Sentences, done at Mexico City on November 25, 1976 (28 U.S.T.
7399).
Subtitle B--Terrorist Aliens
SEC. 311. REMOVAL OF ALIEN TERRORISTS.
(a) In General.--The Immigration and Nationality Act (8 U.S.C. 1101
et seq.) is amended by inserting after section 242B the following new
section:
``removal of alien terrorists
``Sec. 242C. (a) Definitions.--As used in this section--
``(1) the term `alien terrorist' means any alien who is
described in section 241(a)(4)(B);
``(2) the term `classified information' has the same
meaning as defined in section 1(a) of the Classified
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 section.
``(b) Application for Use of Procedures.--The provisions of this
section shall apply whenever the Attorney General certifies under seal
to the special court established under subsection (c) 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 deportation
proceedings described in section 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 district court judges who shall
constitute a special court to hear and decide cases that arise 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 for
service on the Foreign Intelligence Surveillance Court pursuant to
section 103(a) of that Act (50 U.S.C. 1803(a)).
``(d) Invocation of Special Court Procedure.--(1) When the Attorney
General makes the application 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 subsection (e), if
the judge determines that there is probable cause to believe that--
``(A) the alien who is the subject of the application has
been correctly identified;
``(B) a deportation proceeding under section 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 authorized by a showing of probable
cause described in subsection (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 who is financially 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 evidence on his own
behalf and, except as provided in paragraph (4), shall have a right to
cross-examine any witness or request that the judge issue a subpoena
for the presence 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 paragraph (4), the
judge shall cause to be delivered to the alien either--
``(A) the substitution for such evidence of--
``(i) a statement admitting relevant facts that the
specific evidence would tend to prove, or
``(ii) a summary of the specific evidence; or
``(B) if disclosure of even the substituted evidence
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 substantially the same
ability to make his defense as would disclosure of the specific
evidence, or
``(B) that disclosure of even the substituted evidence
described in paragraph (5)(A) would create a substantial risk
of death or serious bodily harm to any person,
then the determination of deportability (described in section (f)) may
be made pursuant to this section.
``(f) Determination of Deportability.--(1) If the determination in
subsection (e)(6)(A) has been made, then the judge shall, considering
the evidence on the record as a whole, require that the alien be
deported if the Attorney General has proven, 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,
then the judge shall, considering the evidence received (in camera and
otherwise), require that the alien be deported if the Attorney General
proves, by clear, convincing, and unequivocal evidence, that the alien
is subject to deportation because he is an alien as described in
section 241(a)(4)(B).
``(g) Appeals.--(1) The alien may appeal a determination 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 subsection.
``(2)(A) The Attorney General may appeal a determination 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 twenty
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. The Court of Appeals shall consider such appeal in
camera and ex parte.''.
(b) Conforming Amendment.--Section 1295(a) of title 28, United
States Code, is amended--
(1) by striking ``and'' at the end of paragraph (13);
(2) by striking the period at the end of paragraph (14) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(15) of an appeal under section 242C(g) of the
Immigration and Nationality Act.''.
(c) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act is amended by inserting after the item relating to
section 242B the following new item:
``Sec. 242C. Removal of alien terrorists.''.
SEC. 312. MANDATORY EXCLUSION FOR MEMBERSHIP IN TERROR GROUP.
Section 212(a)(3)(B) of the Immigration and Nationality 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
organization that engages in, or has
engaged in, terrorist activity or who
actively supports or advocates
terrorist activity,''; and
(3) by adding at the end the following new clause:
``(iv) Terrorist organization defined.--As
used in this subparagraph, the term `terrorist
organization' means an organization that
engages in terrorist activity as determined by
the Attorney General, in consultation with the
Secretary of State.''.
Subtitle C--Enforcement of Deportation Orders
SEC. 321. LIMITATIONS ON COLLATERAL ATTACKS ON UNDERLYING DEPORTATION
ORDERS.
Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326)
is amended by adding at the end 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) unless 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 fundamentally
unfair.''.
Subtitle D--Expedited Asylum Review at Ports of Entry
SEC. 331. ESTABLISHMENT OF EXPEDITED ASYLUM REVIEW PROGRAM.
(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 required (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 inspected and
admitted for the purposes of this Act.
``(C)(i) If an asylum officer determines that an alien has a
credible fear of persecution, then 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,
then 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 decision 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 establish eligibility for asylum under section
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 pursuant
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
paragraph, or (II) to enter declaratory or injunctive relief with
respect to the implementation of this paragraph. Regardless of the
nature of the suit or claim, no court shall have jurisdiction except by
habeas corpus petition as provided in clause (iv) to consider the
validity of any adjudication or determination under this paragraph or
to provide declaratory or injunctive 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 sections 275 or 276, no
court shall have jurisdiction to hear claims collaterally attacking the
validity of orders of exclusion or deportation entered under section
235, 236, or 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 immigration 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 the exclusion of the alien.
``(5) An alien has not entered the United States for the 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''.
Subtitle E--Asylum Reform
SEC. 341. 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 who is 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 section 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
nationality, the country in which such alien last
habitually resided) such alien's life or freedom would
be threatened on account of race, religion,
nationality, membership in a particular social group,
or political opinion.
``(B) Discretionary cases.--The Attorney General
may grant provisional asylum to an alien if the alien
applies for provisional asylum in accordance with the
requirements of this section 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, assisted,
or otherwise participated in the persecution of
any person on account of race, religion,
nationality, membership in a particular social
group, or political opinion;
``(II) the alien, having been convicted by
a final judgment of a particularly serious
crime, constitutes a danger to the community 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 returned 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,
religion, nationality, membership in a
particular social group, or political opinion.
``(ii)(I) For the 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 promulgate
regulations that specify additional crimes that will be
considered to be crimes that are described in clauses
(i)(II) or (i)(III).
``(III) The Attorney General shall promulgate
regulations establishing such additional limitations
and conditions as the Attorney General considers to be
appropriate under which an alien shall be ineligible
for provisional asylum under subparagraph (B).
``(3) Provisional asylum status.--In the case of any alien
who is granted provisional asylum under paragraph (2)(A), the
Attorney General, in accordance 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 to provide the
alien with an `employment authorized' endorsement 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 granted under
paragraph (2) may be terminated if the Attorney General,
pursuant to such regulations as the Attorney General may
prescribe, determines that--
``(A) the alien no longer meets the conditions
described in paragraph (2) owing to a change in the
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 described 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, nationality, membership in a particular
social group, or political opinion.
``(5) Acceptance by another country.--In the case of an
alien who is described in paragraph (2)(C)(i)(V) or paragraph
(4)(C), the alien's deportation or return shall be directed, at
the discretion of the Attorney General, to any country that is
willing to accept the alien into its territory (other than the
country that is described in paragraph (2)(A)).
``(b) Provisional Asylum Applications.--
``(1) In general.--
``(A) Deadline.--Subject to subparagraph (B), an
alien's application for provisional asylum shall not be
considered under this section 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
arriving in the United States.
``(B) Exception.--An application for provisional
asylum may be considered, notwithstanding that the
requirements of subparagraph (A) have not been met,
only if the alien demonstrates 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
provisional asylum.
``(2) Requirements.--An application for provisional 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 application for
provisional asylum shall not be considered if the alien has
been denied asylum by a country in which the alien has had
access to a full and fair procedure for determining his or her
asylum claim in accordance 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 reasonable 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
authorized to provide for the assessment and payment of any
such fee over a period of time or by installments.
``(5) Employment.--An applicant for provisional asylum is
not entitled to engage in employment 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 the filing a notice of his or her intention to
apply for provisional asylum, the alien shall be advised of the
consequences, under subsection (e), of filing a frivolous
application for provisional asylum.
``(c) Sanctions for Failure To Appear.--
``(1) Subject to paragraph (2), the application for
provisional asylum of an alien who does not appear for a
hearing on such application shall be summarily dismissed unless
the alien can show exceptional circumstances (as defined in
section 242B(f)(2)) as determined by an asylum officer or an
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 postponement 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
his or her examination for adjustment of status under
this subsection.
``(2) Treatment of spouses and children.--A spouse or child
(as defined in section 101(b)(1) (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 he or she is accompanying, or following to join,
such an alien.
``(3) Application fees.--The Attorney General may impose a
reasonable fee for the filing of an application for asylum
under this subsection.
``(e) Denial of Immigration Benefits for Frivolous Applications.--
``(1) In general.--If the Attorney General determines that
an alien has made a frivolous application 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 an application.
``(2) Treatment of material misrepresentations.--For the
purposes of this subsection, an application considered to be
`frivolous' includes, but is not limited to, an application
that contains a willful 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. 342. FAILURE TO APPEAR FOR 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 subsection:
``(d) The procedure prescribed by, and all the provisions 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 petitioner, 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 discretion of the officer conducting the
administrative proceeding.''.
SEC. 343. 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 asylum under
section 208,''.
(c) Aliens Ineligible for Temporary Protected 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 Immigration Act of 1990
(Public Law 101-649) is amended by striking ``section 243(h)(2)'' and
inserting ``section 208(a)(2)(C).''.
SEC. 344. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided, the amendments made
by this title shall take effect on the date of enactment of this Act.
(b) Exceptions.--(1) The amendments made by this title shall not
apply to applications for asylum or the withholding of deportation made
before the first day of the first month that begins more than 180 days
after the date on which this Act becomes law and no application for
provisional asylum under section 208 of the Immigration and Nationality
Act (as amended by section 331 of this title) shall be considered
before such first day.
(2) In applying section 208(b)(1)(A) of the Immigration and
Nationality Act (as amended by this title) in the case of an alien who
has entered or arrived in the United States before the first day
described in paragraph (1), notwithstanding the deadlines 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 application for
provisional asylum is 30 days after the date of the filing of
such a notice.
(3) The amendment made by section 342(b) (relating to adjustment of
status) shall not apply to aliens who are granted asylum under section
208 of the Immigration and Nationality Act, as in effect before the
date of enactment of this Act.
Subtitle F--Miscellaneous Provisions
SEC. 351. AUTHORIZATION OF TELEPHONIC DEPORTATION HEARINGS.
The second sentence of section 242(b) of the Immigration and
Nationality Act (8 U.S.C. 1252(b)) is amended by inserting 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.''.
SEC. 352. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.
No amendment made by this Act, and nothing in section 242(i) of the
Immigration and Nationality Act (8 U.S.C. 1252(i)), may 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.
TITLE IV--EFFECTIVE DATE
SEC. 401. EFFECTIVE DATE.
Except as otherwise specifically provided in this Act, this Act,
and the amendments made by this Act, shall take effect on October 1,
1994.
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