[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1355 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1355

To amend the Immigration and Nationality Act with respect to exclusion 
for admissions fraud, procedures for inspecting aliens seeking entry to 
     the United States, and increasing penalties for certain alien 
                               smuggling.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 1993

    Mr. McCollum (for himself, Mr. Smith of Texas, Mr. Canady, Mr. 
 Bereuter, Mr. Combest, Mr. Cunningham, Mr. Archer, Mr. Gallegly, and 
  Mr. Ridge) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act with respect to exclusion 
for admissions fraud, procedures for inspecting aliens seeking entry to 
     the United States, and increasing penalties for certain alien 
                               smuggling.

    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 ``Exclusion and Asylum Reform 
Amendments of 1993''.

SEC. 2. ADMISSIONS FRAUD.

    (a) Exclusion for Fraudulent Documents and 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 ``(C) Misrepresentation'' and inserting in 
        lieu thereof the following:
                    ``(C) Fraud, misrepresentation, and failure to 
                present documents'';
            (2) by adding at the end the following new clause:
                            ``(iii) Fraudulent documents and failure to 
                        present documents.--
                                    ``(I) 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 forged, counterfeit, 
                                altered, falsely made, stolen, or 
                                inapplicable to the alien presenting 
                                the document, or otherwise contains a 
                                misrepresentation of a material fact, 
                                is excludable.
                                    ``(II) Any alien who, in boarding a 
                                common carrier for the purpose of 
                                coming to the United States, presents a 
                                document that relates or purports to 
                                relate to the alien's eligibility to 
                                enter the United States, and fails to 
                                present such document to an immigration 
                                officer upon arrival at a port of entry 
                                into the United States, is 
                                excludable.''.
    (b) Availability of Asylum and Other Discretionary Relief.--
            (1) Section 208 of the Immigration and Nationality Act (8 
        U.S.C. 1158) is amended by adding at the end the following new 
        subsection:
    ``(e)(1) Application of Fraud Exclusion.--Notwithstanding 
subsection (a) and except as provided in paragraph (2), any alien who 
is excludable under section 212(a)(6)(C)(iii) or section 
212(a)(7)(A)(i) may not apply for or be granted asylum.
    ``(2) Exception.--The limitation under paragraph (1) shall not 
apply if the action upon which the exclusion is based was pursuant to 
direct departure from a country in which (A) the alien has a credible 
fear of persecution, or (B) there is a significant danger that the 
alien would be returned to a country in which the alien would have a 
credible fear of persecution.
    ``(3) Definition.--As used in this subsection, the term `credible 
fear of persecution' means (A) that it is more probable than not that 
the statements made by the alien in support of his or her claim are 
true, and (B) that there is a significant possibility, in light of such 
statements and of such other facts as are known to the officer about 
country conditions, that the alien could establish eligibility as a 
refugee within the meaning of section 101(a)(42)(A).''.
            (2) Section 212(c) of the Immigration and Nationality Act 
        (8 U.S.C. 1182(c)) is amended in the third sentence by 
        inserting before the period ``or to any alien who is excludable 
        pursuant to section 212(a)(6)(C)(iii)''.

SEC. 3. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

    Section 235(b) of the Immigration and Nationality Act (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)(I) is excludable under section 
                212(a)(6)(C)(iii), or
                    ``(II) is excludable under section 212(a)(7)(A)(i),
                    ``(ii) does not have any reasonable basis for legal 
                entry into the United States, and
                    ``(iii) does not indicate an intention to apply for 
                asylum under section 208,
        the alien shall be specially excluded from entry into the 
        United States without a hearing.
            ``(B) The examining immigration officer shall refer to an 
        immigration officer, specially trained to conduct interviews 
        and make determinations bearing on eligibility for asylum, any 
        alien who is (i) excludable under section 212(a)(6)(C)(iii) or 
        section 212(a)(7)(A) (i) and (ii) who has indicated an 
        intention to apply for asylum. Such an alien shall not be 
        considered to have entered the United States for purposes of 
        this Act.
            ``(C) An alien under subparagraph (B) who is determined by 
        an immigration officer, specially trained to conduct interviews 
        and make determinations bearing on eligibility for asylum, to 
        be excludable and ineligible for the exception under section 
        208(e)(2), shall be specially excluded and deported from the 
        United States without further hearing.
            ``(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 an immigration 
        judge.
            ``(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), 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 an immigration judge for a hearing on 
        exclusion of the alien.
            ``(5) The Attorney General shall establish procedures that 
        ensure that aliens are not specially excluded under paragraph 
        (2)(A) without an inquiry into their reasons for seeking entry 
        into the United States.
            ``(6)(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 inspected and admitted by an 
        immigration officer pursuant 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 may be said to 
        have entered the United States without inspection. Such an 
        alien is subject to deportation pursuant to section 
        241(a)(1)(B).''.

SEC. 4. JUDICIAL REVIEW.

    Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) 
(as amended by section 3) is amended by adding after subsection (c) the 
following new subsections:
    ``(d) Habeas Corpus Review.--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 section 212(a)(6)(C)(iii) or section 
212(a)(7)(A)(i). In any such case, review by habeas corpus shall be 
limited to examination of whether the petitioner (1) is an alien, and 
(2) was ordered excluded from the United States pursuant to section 
235(b)(2).
    ``(e) Other Limits on Judicial Review and Action.--Notwithstanding 
any other provision of law, no court shall have jurisdiction (1) to 
review the procedures established by the Attorney General for the 
determination of exclusion pursuant to section 212(a)(6)(C)(iii) or 
section 212(a)(7)(A)(i), or (2) to enter declaratory or injunctive 
relief with respect to the implementation of subsection (b)(2). 
Regardless of the nature of the suit or claim, no court shall have 
jurisdiction except by habeas corpus petition as provided in subsection 
(d) to consider the validity of any adjudication or determination of 
special exclusion or to provide declaratory or injunctive relief with 
respect to the special exclusion of any alien.
    ``(f) Collateral Enforcement Proceedings.--In any action brought 
for the assessment of penalties for improper entry or re-entry of an 
alien under section 275 or 276, no court shall have jurisdiction to 
hear claims collaterally attacking the validity of orders of exclusion, 
special exclusion, or deportation entered under sections 235, 236, and 
242.''.

SEC. 5. CONFORMING AMENDMENTS.

    Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 
1227(a)) is amended--
            (1) in the second sentence of paragraph (1) by striking out 
        ``Deportation'' and inserting in lieu thereof ``Subject to 
        section 235(b)(2), deportation''; and
            (2) in the first sentence of paragraph (2) by striking out 
        ``If'' and inserting in lieu thereof ``Subject to section 
        235(b)(2), if''.

SEC. 6. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING.

    Section 274(a)(1) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)(1)) is amended by striking ``five years'' and inserting ``ten 
years''.

SEC. 7. EFFECTIVE DATE.

    Except as otherwise provided, the amendments made by this Act 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.

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