[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4059 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4059

    To amend the Immigration and Nationality Act to provide for the 
expedited deportation of criminal aliens, to expand the health-related 
 causes for which aliens may be excluded, to prohibit certain Federal 
 benefits to aliens who are not lawfully within the United States, and 
     to provide that aliens applying for asylum shall be detained.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 1994

Mr. Taylor of North Carolina (for himself, Mr. Solomon, Mr. Crane, Mr. 
  Cramer, Mr. Boehner, and Mr. Wilson) introduced the following bill; 
    which was referred jointly to the Committees on the Judiciary, 
               Government Operations, and Ways and Means

_______________________________________________________________________

                                 A BILL


 
    To amend the Immigration and Nationality Act to provide for the 
expedited deportation of criminal aliens, to expand the health-related 
 causes for which aliens may be excluded, to prohibit certain Federal 
 benefits to aliens who are not lawfully within the United States, and 
     to provide that aliens applying for asylum shall be detained.

    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 Reform Act of 1994''.

SEC. 2. EXPEDITED DEPORTATION AND EXCLUSION OF CONVICTED ALIENS.

    (a) Deportation.--Section 242(h) of the Immigration and Nationality 
Act (8 U.S.C. 1252(h)) is amended to read as follows:
    ``(h)(1) Subject to paragraphs (2) and (3), an alien sentenced to 
imprisonment shall be deported promptly after sentencing, whether or 
not the alien appeals such conviction and sentence.
    ``(2) In the discretion of the Attorney General, the Attorney 
General may defer the deportation of any alien under this subsection 
until the termination of imprisonment.
    ``(3) This subsection shall apply--
            ``(A) in the case of an alien in the custody of the 
        Attorney General, if the Attorney General determines that the 
        alien has been adequately punished and that such deportation of 
        the alien is appropriate; or
            ``(B) in the case of an alien in the custody of a State, if 
        the chief State official exercising authority with respect to 
        the incarceration of the alien determines (i) that the alien 
        has been adequately punished and that such deportation is 
        appropriate, and (ii) submits a written request to the Attorney 
        General that such alien be so deported.''.
    (b) Prohibition of Reentry into the United States.--Section 
212(a)(2) of such Act (8 U.S.C. 1182(a)(2)) is amended--
            (A) by redesignating subparagraph (F) as subparagraph 
        ``(G)''; and
            (B) by inserting after subparagraph (E) the following new 
        subparagraph:
            ``(F) Aliens deported before serving minimum period of 
        confinement.--An alien deported pursuant to section 242(h) is 
        excludable during the minimum period of confinement to which 
        the alien was sentenced.''.

SEC. 3. EXCLUSION OF ALIENS ON HEALTH-RELATED GROUNDS.

    (a) Exclusion of Aliens on Health-Related Grounds.--Section 
212(a)(1)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(1)(A)(i)) is amended by inserting at the end ``which shall 
include infection with the etiologic agent for acquired immune 
deficiency syndrome, gonorrhea, syphilis, leprosy, and tuberculosis''.
    (b) Effective Date.--The amendment made by this section shall take 
effect 30 days after the date of enactment of this Act.

SEC. 4. PROHIBITION OF DIRECT FEDERAL FINANCIAL BENEFITS TO ALIENS NOT 
              LAWFULLY WITHIN THE UNITED STATES.

    (a) In General.--On and after the date of the enactment of this 
Act, notwithstanding any other provision of law, no direct Federal 
financial benefit or social insurance benefit may be paid or otherwise 
given to any person not lawfully present in the United States, except 
pursuant to a provision of the Immigration and Nationality Act.
    (b) Unemployment Benefits.--No alien who has not been granted 
employment authorization pursuant to Federal law shall be eligible for 
unemployment benefits.
    (c) Construction.--This section shall not apply to the provision of 
foreign aid to aliens abroad.
    (d) Definition.--For purposes of this section, the term ``person 
not lawfully within the United States'' means any person who at the 
time the person applies for, receives, or attempts to receive a Federal 
financial benefit or social insurance benefit is not a United States 
citizen, a permanent resident alien, an asylee, a refugee, a parolee, 
or a non-immigrant in status.
    (e) Programs For Which Aliens May Be Eligible.--The limitation 
under subsection (a) shall not apply to medical assistance with respect 
to emergency services (as defined for purposes of section 1916(a)(2)(D) 
of the Social Security Act). The provision of any such medical 
assistance pursuant to this subsection may not exceed 30 days.

SEC. 5. DETENTION OF ALIENS APPLYING FOR ASYLUM.

    (a) In General.--Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158) is amended by adding at the end the following:
    ``(e) An applicant for asylum under subsection (a) who is not 
lawfully within the United States shall be detained pending a final 
determination regarding the asylum application.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect with respect to aliens who apply for asylum beginning 90 
days after the date of enactment of this Act.

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