[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1571 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1571

                To improve immigration law enforcement.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             October 20 (legislative day, October 13), 1993

 Mrs. Feinstein (for herself and Mrs. Boxer) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
                To improve immigration law enforcement.

    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 Law Enforcement Act of 
1993''.

   TITLE I--BORDER PERSONNEL, TRAINING AND INFRASTRUCTURE ENHANCEMENT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Improved Border Control and 
Narcotics Abatement Act''.

SEC. 102. EXPANDED BORDER PATROL AND SOUTHWESTERN REGION DEPLOYMENT.

    (a) Increased Personnel.--The Attorney General, in each of the 
fiscal years 1995 and 1996, shall increase by no fewer than 700 the 
number of full-time, active-duty Border Patrol agents within the 
Immigration and Naturalization Service above the numbers of such agents 
employed in the preceding fiscal year.
    (b) Deployment of Personnel.--The Attorney General shall, to the 
maximum extent practicable, ensure that the personnel hired pursuant to 
subsection (a) shall be deployed primarily on the Southwestern border 
of the United States or be actively engaged in law enforcement 
activities related to illegal transit of such border.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice for fiscal years 1995 and 
1996 such sums as may be necessary for salaries and expenses relating 
to the employment and deployment of personnel under this section, 
including, but not limited to, such training authorized by this Act and 
otherwise deemed appropriate by the Attorney General.

SEC. 103. HIRING PREFERENCE FOR BILINGUAL BORDER PATROL AGENTS.

    The Attorney General shall, in hiring the Border Patrol Agents 
specified in section 102(a), give priority to the employment of 
multilingual candidates who are proficient in both English and such 
other language or languages as may be spoken in the region in which 
such Agents are likely to be deployed.

SEC. 104. IMPROVED BORDER PATROL TRAINING.

    (a) Improvement.--Section 103 of the Immigration and Nationality 
Act (8 U.S.C. 1103) is amended by adding at the end the following new 
subsection:
    ``(e)(1) The Attorney General shall ensure that all Border Patrol 
personnel, and any other personnel of the Service who are likely to 
have contact with undocumented or improperly documented persons, or 
other immigrants, in the course of their official duties, receive in-
service training adequate to ensure that all such personnel respect the 
civil rights, personal safety, and human dignity of such persons at all 
times.
    ``(2) The Attorney General shall ensure that the annual report to 
Congress of the Service--
            ``(A) describes in detail actions taken by the Attorney 
        General to meet the requirement set forth in paragraph (1);
            ``(B) incorporates specific findings by the Attorney 
        General with respect to the nature and scope of any verified 
        incident of conduct by Border Patrol personnel that--
                    ``(i) was not consistent with paragraph (1); and
                    ``(ii) was not described in a previous annual 
                report; and
            ``(C) sets forth specific recommendations for preventing 
        any similar incident in the future.''.

SEC. 105. ADDITIONAL LAND BORDER INSPECTORS.

    (a) Increased Personnel.--In order to eliminate undue delay in the 
thorough inspection of persons and vehicles lawfully attempting to 
enter the United States, the Attorney General and Secretary of the 
Treasury shall increase, by approximately equal numbers in each of the 
fiscal years 1994, 1995, and 1996, the number of full-time land border 
inspectors assigned to active duty by the Immigration and 
Naturalization Service and the United States Customs Service to a level 
adequate to assure full staffing of all border crossing lanes now in 
use, under construction, or whose construction has been authorized by 
Congress.
    (b) Deployment of Personnel.--The Attorney General and the 
Secretary of the Treasury shall, to the maximum extent practicable, 
ensure that the personnel hired pursuant to subsection (a) shall be 
deployed primarily on the Southwestern border of the United States or 
be actively engaged in law enforcement activities related to illegal 
transit of such border.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for the Department of Justice for fiscal years 1995, 1996, 
and 1997, and to the Department of the Treasury for fiscal years 1995, 
1996, and 1997, such sums as may be necessary for salaries and expenses 
relating to the employment of the inspectors referred to in subsection 
(a).

SEC. 106. IMPROVEMENT OF BORDER CROSSING INFRASTRUCTURE.

    (a) Identification of Necessary Improvements.--Not later than March 
1, 1994, the Attorney General shall, in consultation with the Secretary 
of the Treasury, identify those physical improvements to the 
infrastructure of the international land borders of the United States 
necessary to expedite the inspection of persons and vehicles attempting 
to lawfully enter the United States in accordance with existing 
policies and procedures of the Immigration and Naturalization Service, 
the United States Customs Service, and the Drug Enforcement Agency.
    (b) Implementation of Recommendations.--Not later than March 1, 
1994, the Attorney General shall begin implementation of projects for 
the physical improvements referred to in subsection (a). Improvements 
to the infrastructure of the Southwestern border of the United States 
shall be substantially completed and fully funded before the Attorney 
General may begin construction on any other such project.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice for fiscal years 1995, 1996, 
and 1997 such sums as may be necessary to carry out this section.

SEC. 107. TECHNOLOGY AND EQUIPMENT TRANSFER TO THE DEPARTMENT OF 
              JUSTICE.

    (a) Authority To Acquire Technology and Equipment.--In order to 
facilitate or improve the detection, interdiction, and reduction by the 
Immigration and Naturalization Service of illegal immigration into the 
United States, the Attorney General is authorized to acquire and 
utilize any Federal equipment (including, but not limited to, aircraft, 
helicopters, four wheel drive vehicles, sedans, night vision goggles, 
night vision scopes, and sensor units) determined available for 
transfer to the Department of Justice by any other agency of the 
Federal Government upon request of the Attorney General.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice for fiscal years 1995, 1996, 
and 1997, such sums as may be necessary for the acquisition of 
technology and equipment (including, but not limited to, aircraft, 
helicopters, four wheel drive vehicles, sedans, night vision goggles, 
night vision scopes, and sensor units) under subsection (b).

SEC. 108. IMMIGRATION LAW ENFORCEMENT FUND.

    (a) Establishment of Fund.--There is hereby established in the 
Treasury of the United States a revolving fund known as the Immigration 
Law Enforcement Fund (hereafter in this section referred to as the 
``Fund'').
    (b) Border Crossing User Fee.--Notwithstanding any other provision 
of law or treaty to which the United States is a party, the Attorney 
General, in consultation with the Secretaries of State and the 
Treasury, and such other parties as the Attorney General deems 
appropriate, shall collect from each individual entering into the 
United States by land or sea, without regard to the immigration or 
citizenship status of such individual a border crossing user fee of $1.
    (c) Fee Adjustment and Special Fee Program Authority.--
Notwithstanding subsection (b), the Attorney General may--
            (1) adjust the border crossing user fee periodically to 
        compensate for inflation and other escalation in the cost of 
        carrying out the purposes of this Act; and
            (2) develop and implement special discounted fee programs 
        for frequent border crossers including, but not limited to, 
        commuter coupon books or passes.
    (d) Authorize Roll-Over of Fund Surpluses From Year-to-Year.--There 
shall be deposited in the Fund amounts received by the Attorney General 
as fees collected under subsection (b).
    (e) Uses of User Fee Fund.--(1) The Fund shall be available to the 
Attorney General, to the extent and in the amounts provided in 
appropriation Acts and without fiscal year limitation, to pay for 
matters authorized under this Act, as follows:
            (A) For additional salaries and expenses incurred by reason 
        of the employment of personnel under this Act, including, but 
        not limited to, Border Patrol, inspection, investigation, 
        enforcement, and security personnel, and adjudication officers.
            (B) For costs relating to land border crossing 
        infrastructure improvement.
            (C) For costs relating to the acquisition by the Department 
        of Justice of technology and equipment (including, but not 
        limited to, aircraft, helicopters, four wheel drive vehicles, 
        sedans, night vision goggles, night vision scopes, and sensor 
        units).
            (D) For the cost of facilitating and expanding the 
        activities of the Organized Crime and Drug Enforcement 
        Interagency Task Force in order to fully abate the flow of 
        narcotics and other illegal drugs into the United States.
            (E) For the cost of expediting initial asylum claim review 
        procedures.
            (F) For the cost of devising and implementing regulatory 
        reform of the affirmative asylum adjudication process.
            (G) For the cost of expanding the Institutional Hearing 
        Program.
            (H) For the cost of expanding the Advanced Passenger 
        Information System.
            (I) For the cost of increasing rewards for information 
        leading to the arrest and conviction of terrorists.
            (J) For the cost of conducting classes, or otherwise 
        assisting or encouraging, legal immigrants to the United States 
        to attain American citizenship.
            (K) For the cost of such other activities that, in the 
        discretion of the Attorney General, will reduce: illegal 
        transit of the Nation's borders, the flow of illegal drugs 
        across such borders, the time necessary to process applications 
        for asylum in the United States, and the number of alien 
        criminals incarcerated in this country.
    (2) Funds made available under subparagraph (A) in each fiscal year 
shall be allotted to districts of the Immigration and Naturalization 
Service in proportion to the amount of illegal immigration in each 
district as the Attorney General finds to have occurred in the 
preceding fiscal year.

                        TITLE II--ASYLUM REFORM

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Executive Order Enhanced 
Consideration Revocation Act''.

SEC. 202. PARTIAL REVOCATION OF EXECUTIVE ORDER.

    Section 4 of Executive Order No. 12711 of April 11, 1990, and any 
rule, regulation, or order issued under that section, shall be of no 
force or effect, except that nothing in this Act invalidates or 
otherwise affects any final determination of eligibility for asylum 
made before the date of enactment of this Act.

  TITLE III--CRIMINAL ALIEN DEPORTATION AND ENHANCED PRISONER TRANSFER

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Criminal Alien Deportation and 
Enhanced Transfer Act of 1993''.

SEC. 302. JUDICIAL ORDER OF DEPORTATION.

    (a) In General.--Subchapter A of chapter 227 of title 18, United 
States Code, is amended by adding at the end the following:
``Sec. 3560. Order of deportation for certain aliens
    ``The court, upon sentencing an individual who is an alien for an 
aggravated felony (as defined in section 101(a)(43) of the Immigration 
and Nationality Act) shall include in the sentencing order issued a 
declaration that the individual is deportable. A presentence report 
required under the Rules of Criminal Procedure with respect to the 
sentencing of any individual for such a felony shall specify whether or 
not such individual is an alien.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter A of chapter 227 of title 18, United States Code, is amended 
by adding at the end the following new item:

``3560. Order of deportation for certain aliens.''.
    (c) Deportation Procedures.--Section 242A of the Immigration and 
Nationality Act (18 U.S.C. 1252a) is amended by adding at the end the 
following:
    ``(f) Deportation Pursuant to a Judicial Order.--An alien subject 
to a judicial order of deportation under section 3560 of title 18, 
United States Code, shall be deported promptly consistent with section 
242(h).''.

SEC. 303. NEGOTIATIONS FOR INTERNATIONAL AGREEMENTS.

    (a) Negotiations With Other Countries.--The Secretary of State, 
together with the Attorney General, may enter into an agreement with 
any foreign country providing for the incarceration in that country of 
any individual who--
            (1) is a national of that country; and
            (2) is an alien who--
                    (A) is not in lawful immigration status in the 
                United States, or
                    (B) on the basis of conviction of a criminal 
                offense under Federal or State law, or on any other 
                basis, is subject to deportation under the Immigration 
                and Nationality Act,
for the duration of the prison term to which the individual was 
sentenced for the offense referred to in subparagraph (B). Any such 
agreement may provide for the release of such individual pursuant to 
parole procedures of that country.
    (b) Priority.--In carrying out subsection (a), the Secretary of 
State should give priority to concluding an agreement with any country 
for which the President determines that the number of individuals 
described in subsection (a) who are nationals of that country in the 
United States represents a significant percentage of all such 
individuals in the United States.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 304. DENIAL OF DISCRETIONARY RELIEF TO ALIENS CONVICTED OF 
              AGGRAVATED FELONIES.

    (a) Ineligibility for Suspension of Deportation.--Section 244 of 
the Immigration and Nationality Act (8 U.S.C. 1254) is amended by 
adding at the end the following new subsection:
    ``(g) Suspension of deportation and adjustment of status under 
subsection (a)(2) shall not be available to any alien who has been 
convicted of an aggravated felony.''.
    (b) Application of Exclusion for Drug Offenses.--Section 212(h) of 
the Immigration and Nationality Act (8 U.S.C. 1182(h)) is amended in 
the second sentence by inserting ``or any other aggravated felony'' 
after ``torture''.
    (c) Adjustment of Status; Change of Nonimmigrant Classification.--
(1) Section 245(c) of the Immigration and Nationality Act (8 U.S.C. 
1255(c)) is amended--
            (A) by striking ``or'' after ``section 212(d)(4)(C)''; and
            (B) by inserting ``; or (5) an alien who has been convicted 
        of an aggravated felony'' immediately after ``section 217''.
    (2) Section 248 of such Act (8 U.S.C. 1258) is amended--
            (A) by striking ``and'' at the end of paragraph (3);
            (B) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (C) by adding at the end the following new paragraph:
            ``(5) an alien convicted of an aggravated felony.''.

SEC. 305. ANNUAL REPORT.

    Not later than 12 months after the date of enactment of this Act, 
and annually thereafter, the Attorney General shall submit to the 
appropriate committees of the Congress a report detailing--
            (1) the number of illegal aliens incarcerated in Federal 
        and State prisons for having committed felonies;
            (2) programs and plans underway in the Department of 
        Justice to ensure the prompt removal from the United States of 
        criminal aliens subject to exclusion or deportation; and
            (3) methods for identifying and preventing the unlawful 
        reentry of aliens who have been convicted of criminal offenses 
        in the United States and removed from the United States.

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