[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 667 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 667

To amend the Immigration and Nationality Act to improve procedures for 
  the exclusion of aliens seeking to enter the United States by fraud.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 29 (legislative day, March 3), 1993

   Mr. Simpson (for himself, Mr. Byrd, Mr. D'Amato, Mr. Shelby, Mrs. 
Kassebaum, Mr. Nickles, Mr. Reid, Mr. Lott, Mr. Hollings, Mr. Roth, Mr. 
  Warner, Mr. Gramm, and Mr. Thurmond) 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 improve procedures for 
  the exclusion of aliens seeking to enter the United States by fraud.

    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 ``Port of Entry Inspections 
Improvement Act of 1993''.

SEC. 2. ADMISSIONS FRAUD.

    (a) Exclusion for Fraudulent Documents or Failure To Present 
Documents.--Section 212(a)(6)(C) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(6)(C)) is amended--
            (1) by striking ``(C) Misrepresentation'' and inserting in 
        lieu thereof the following:
                    ``(C) Fraud, misrepresentation, and failure to 
                present documents'';
            (2) by adding at the end the following new clause:
                            ``(iii) Fraudulent documents and failure to 
                        present documents.--
                                    ``(I) Any alien who, in seeking 
                                entry to the United States or boarding 
                                a common carrier for the purpose of 
                                coming to the United States, presents 
                                any document which, in the 
                                determination of the immigration 
                                officer to whom the document is 
                                presented, is forged, counterfeit, 
                                altered, falsely made, stolen, or 
                                inapplicable to the alien presenting 
                                the document, or otherwise contains a 
                                misrepresentation of a material fact, 
                                is excludable.
                                    ``(II) Any alien who, in boarding a 
                                common carrier for the purpose of 
                                coming to the United States, presents a 
                                document which relates or purports to 
                                relate to the alien's eligibility to 
                                enter the United States, and fails to 
                                present such document to an immigration 
                                officer upon arrival at a port of entry 
                                into the United States, is 
                                excludable.''.
    (b) Provision for Asylum and Other Discretionary Relief.--
            (1) Section 208 of the Immigration and Nationality Act (8 
        U.S.C. 1158) is amended by adding at the end the following new 
        subsections:
    ``(e)(1) Notwithstanding subsection (a), any alien who, in seeking 
entry to the United States or boarding a common carrier pursuant to 
direct departure to the United States, presents any document which, in 
the determination of the immigration officer to whom the document is 
presented, is fraudulent, forged, stolen, or inapplicable to the person 
presenting the document, or otherwise contains a misrepresentation of a 
material fact, may not apply for or be granted asylum, unless 
presentation of the document was pursuant to direct departure from--
            ``(A) a country in which the alien has a credible fear of 
        persecution; or
            ``(B) a country in which there is a significant danger that 
        the alien would be returned to a country in which the alien 
        would have a credible fear of persecution.
    ``(2) Notwithstanding subsection (a), an alien who, in boarding a 
common carrier pursuant to direct departure to the United States, 
presents any document which relates or purports to relate to the 
alien's eligibility to enter the United States, and who fails to 
present such document to an immigration official upon arrival at a port 
of entry into the United States, may not apply for or be granted 
asylum, unless presentation of such document was pursuant to direct 
departure from--
            ``(A) a country in which the alien has a credible fear of 
        persecution; or
            ``(B) a country in which there is a significant danger that 
        the alien would be returned to a country in which the alien 
        would have a credible fear of persecution.
    ``(3)(A) Whenever an immigration officer determines that an alien 
seeks entry to the United States as described in paragraph (1) or (2) 
and that the alien has indicated a desire to apply for asylum, the 
immigration officer shall refer the matter to an immigration officer 
specially trained to conduct interviews and to make determinations 
bearing on eligibility for asylum, who shall interview the alien to 
determine whether presentation of the document was pursuant to direct 
departure from--
            ``(i) a country in which the alien has a credible fear of 
        persecution; or
            ``(ii) which there is a significant danger that the alien 
        would be returned to a country in which the alien would have a 
        credible fear of persecution.
    ``(B) If the immigration officer determines that the alien does not 
have a credible fear of persecution in the country from which the alien 
was last present before attempting entry into the United States, and 
that there is no significant danger that the alien would be returned 
from such country to a country in which the alien would have a credible 
fear of persecution, the alien may be specially excluded and deported 
in accordance with section 235(e). The alien may not appeal such 
determination.
    ``(4) As used in this subsection, the term `credible fear of 
persecution' means--
            ``(A) it is more probable than not that the statements made 
        by the alien in support of his or her claim are true; and
            ``(B) there is a significant possibility, in light of such 
        statements and of such other facts as are known to the officer 
        about country conditions, that the alien could establish 
        eligibility as a refugee within the meaning of section 
        101(a)(42)(A).''.
            (2) Section 212(c) of the Immigration and Nationality Act 
        (8 U.S.C. 1182(c)) is amended in the third sentence by 
        inserting before the period ``or to any alien who is excludable 
        pursuant to section 212(a)(6)(C)(iii)''.
            (3) Section 235 of the Immigration and Nationality Act (8 
        U.S.C. 1225) is amended by adding at the end the following new 
        subsection:
    ``(d)(1) Subject to paragraph (2), any alien, who has not been 
admitted to the United States and who is excludable under section 
212(a)(6)(C)(iii), is ineligible for withholding of deportation 
pursuant to section 243(h), and may not apply for withholding of 
deportation or for any other relief under this Act, except as provided 
in section 208(e) with respect to asylum.
    ``(2) An alien under paragraph (1) who has been found ineligible to 
apply for asylum under section 208(e) may be returned only--
            ``(A) to a country in which, in the judgment of an 
        immigration officer specially trained to conduct interviews and 
        to make determinations bearing on eligibility for asylum, the 
        alien has no credible fear of persecution upon return; and
            ``(B) to a country from which, in the judgment of such 
        officer, there is no significant danger that the alien would be 
        returned to a country in which the alien would have a credible 
        fear of persecution.''.
            (4) Section 237(a) of the Immigration and Nationality Act 
        (8 U.S.C. 1227(a)) is amended--
                    (A) in the second sentence of paragraph (1) by 
                striking out ``Deportation'' and inserting in lieu 
                thereof ``Subject to section 235(d)(2), deportation''; 
                and
                    (B) in the first sentence of paragraph (2) by 
                striking out ``If'' and inserting in lieu thereof 
                ``Subject to section 235(d)(2), if''.

SEC. 3. SPECIAL PORT OF ENTRY EXCLUSION FOR ADMISSIONS FRAUD.

    Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) 
(as amended by section 2(b)(3) of this Act) is amended by adding after 
subsection (d) the following new subsection:
    ``(e)(1) Subject to paragraph (2), any alien (including an alien 
crewman) who may appear to the examining immigration officer or to the 
special inquiry officer during the examination before either of such 
officers to be excludable under section 212(a)(6)(C)(iii) may be 
ordered specially excluded and deported by the Attorney General, either 
by a special inquiry officer or otherwise.
    ``(2)(A) An alien who has been found ineligible to apply for asylum 
under section 208(e) may be returned only--
            ``(i) to a country in which, in the judgment of an 
        immigration officer specially trained to conduct interviews and 
        to make determinations bearing on eligibility for asylum, the 
        alien has no credible fear of persecution upon return; and
            ``(ii) to a country from which, in the judgment of such 
        officer, there is no significant danger that the alien would be 
        returned to a country in which the alien would have a credible 
        fear of persecution.
    ``(B) Such special exclusion order is not subject to administrative 
appeal and shall have the same effect as if the alien has been ordered 
excluded and deported pursuant to section 236, except that judicial 
review of such an order shall not be available under section 106 or, 
except by habeas corpus as herein provided, under any other provision 
of law.
    ``(C) Nothing in this subsection may be construed as requiring an 
inquiry before a special inquiry officer in the case of an alien 
crewman.''.

SEC. 4. RESTRICTIONS ON JUDICIAL REVIEW.

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

SEC. 5. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING.

    Section 274(a)(1) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)(1)) is amended--
            (1) by striking ``five years'' and inserting ``ten years''; 
        and
            (2) by inserting before the period at the end of paragraph 
        (1) ``, except that in any case in which a person causes 
        serious bodily injury to, or places in jeopardy the life of, 
        any alien involved in the offense, such person shall be fined 
        in accordance with the provisions of title 18, United States 
        Code, or imprisoned not more than 20 years for each alien with 
        respect to whom any violation of this paragraph occurs, or 
        both.''.

SEC. 6. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
the date of enactment of this Act, and such amendments shall apply to 
aliens who arrive in or seek admission to the United States on or after 
the date of enactment of this Act.

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