[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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