[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1018 Introduced in House (IH)]
104th CONGRESS
1st Session
H. R. 1018
To amend the Immigration and Nationality Act and other laws of the
United States relating to border security, illegal immigration, alien
eligibility for Federal financial benefits and services, criminal
activity by aliens, alien smuggling, fraudulent document use by aliens,
asylum, terrorist aliens, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 23, 1995
Mr. Hunter (for himself, Mr. Moorhead, Mr. Young of Alaska, Mr.
Rohrabacher, Mr. McCollum, Mr. Kim, Mr. Cunningham, Mr. Calvert, Mr.
Stump, Mr. Burton of Indiana, Mr. Bryant of Tennessee, Mr. Gallegly,
Mr. Collins of Georgia, Mr. Canady of Florida, Mr. Goodlatte, Mr.
McKeon, Mr. Bilbray, Mr. Shaw, Mr. Sam Johnson of Texas, Mr. Saxton,
Mr. Holden, Mr. Doolittle, Mr. Packard, Mr. Dreier, Mr. Riggs, Mr.
Herger, Mr. Baker of California, Mr. Pombo, Mr. Radanovich, Mrs.
Seastrand, Mr. Lewis of California, Mr. Bono, Mr. Dornan, Mrs. Meyers
of Kansas, Mr. Bereuter, Mr. Cox of California, Mr. Horn, Mr. Royce,
and Mr. Thomas) introduced the following bill; which was referred to
the Committee on the Judiciary and, in addition, to the Committees on
National Security, Banking and Financial Services, Ways and Means, and
Government Reform and Oversight, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act and other laws of the
United States relating to border security, illegal immigration, alien
eligibility for Federal financial benefits and services, criminal
activity by aliens, alien smuggling, fraudulent document use by aliens,
asylum, terrorist aliens, and for other purposes.
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 ``Illegal Immigration Control Act of
1995''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--INTERDICTION
Sec. 101. Physical barriers.
Sec. 102. Border patrol agents.
Sec. 103. Interior repatriation program.
Sec. 104. Detention facilities.
Sec. 105. Notice to service of port of entry arrivals.
TITLE II--ALIEN SMUGGLING
Sec. 201. Expanded forfeiture for smuggling or harboring illegal
aliens.
Sec. 202. Including alien smuggling as a racketeering activity for
purposes of racketeering influenced and
corrupt organizations (RICO) enforcement
authority.
Sec. 203. Enhanced penalties for certain alien smuggling and for
employers who knowingly employ smuggled
aliens.
Sec. 204. Wiretap authority for alien smuggling investigations.
TITLE III--EMPLOYMENT
Sec. 301. Improvement of work eligibility documents.
Sec. 302. Immigration and Naturalization Service investigators.
TITLE IV--GOVERNMENT BENEFITS
Sec. 401. Prohibition of benefits for certain categories of aliens.
Sec. 402. Unemployment benefits.
Sec. 403. Housing benefits.
Sec. 404. Save system.
Sec. 405. Limitation on Federal financial assistance to localities that
refuse to cooperate in the arrest and
deportation of unlawful aliens.
Sec. 406. Uniform vital statistics.
TITLE V--CRIMINAL ALIENS
Sec. 501. Authorizing registration of aliens on criminal probation or
criminal parole.
Sec. 502. Restricting defenses to deportation for certain criminal
aliens.
Sec. 503. Miscellaneous and technical changes.
Sec. 504. Criminal alien tracking center.
Sec. 505. Prisoner transfer treaty study.
Sec. 506. Expediting criminal alien deportation and exclusion.
TITLE VI--TERRORIST ALIENS
Sec. 601. Removal of alien terrorists.
Sec. 602. Membership in a terrorist organization as a basis for
exclusion from the United States under the
Immigration and Nationality Act.
TITLE VII--INSPECTIONS
Sec. 701. Preinspection at foreign airports.
Sec. 702. Training of airline personnel in detection of fraudulent
documents.
TITLE VIII--ASYLUM
Sec. 801. Inspection and exclusion by immigration officers.
Sec. 802. Asylum.
Sec. 803. Failure to appear for provisional asylum hearing; judicial
review.
Sec. 804. Conforming amendments.
Sec. 805. Effective dates.
TITLE I--INTERDICTION
SEC. 101. PHYSICAL BARRIERS.
The Attorney General, in consultation with the Commissioner of the
Immigration and Naturalization Service, shall take action to install
additional physical barriers at the United States border to deter
unauthorized crossings in areas of high illegal entry into the United
States. Such additional barriers shall include barriers similar to
those in use in the San Diego, California, vicinity.
SEC. 102. BORDER PATROL AGENTS.
In addition to such amounts as are otherwise authorized to be
appropriated, there is authorized to be appropriated for each of the
fiscal years 1996, 1997, 1998, 1999, and 2000 for salaries and expenses
of the Border Patrol such amounts as may be necessary to provide for an
increase in the number of agents of the Border Patrol to 10,000 full-
time equivalent agent positions (and necessary support personnel
positions) beyond the number of such positions authorized for the
Border Patrol as of October 1, 1994.
SEC. 103. INTERIOR REPATRIATION PROGRAM.
Not later than 180 days after the date of enactment of this Act,
the Attorney General and the Commissioner of the Immigration and
Naturalization Service shall develop and implement a program in which
aliens who previously have illegally entered the United States not less
than 3 times and are deported or returned to a country contiguous to
the United States will be returned to locations not less than 500
kilometers from that country's border with the United States.
SEC. 104. DETENTION FACILITIES.
(a) Border Detention Facilities.--Not later than 180 days after the
date of enactment of this Act, the Attorney General and the
Commissioner of the Immigration and Naturalization Service shall take
appropriate action to increase the capability of the Immigration and
Naturalization Service to detain individuals who have illegally entered
the United States at a border area.
(b) Transfer of Closed Military Bases for Federal Illegal Alien
Incarceration Facilities.--
(1) Priority availability to department of justice.--
Notwithstanding any other provision of law, a military
installation or facility of the Department of Defense to be
closed under a base closure law may be made available, as
determined by the Attorney General, to the Bureau of Prisons of
the Department of Justice for use as a facility for the
incarceration of aliens who are subject to exclusion or
deportation from the United States.
(2) Definition.--For purposes of this subsection, the term
``base closure law'' means each of the following:
(A) The Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note).
(B) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note).
(C) Section 2687 of title 10, United States Code.
(D) Any other similar law enacted after the date of
the enactment of this Act.
SEC. 105. NOTICE TO SERVICE OF PORT OF ENTRY ARRIVALS.
The Attorney General is authorized to require, by regulation, not
less than 24 hour advance notice to the Immigration and Naturalization
Service of the intention of any vessel to arrive at any port of entry.
TITLE II--ALIEN SMUGGLING
SEC. 201. EXPANDED FORFEITURE FOR SMUGGLING OR HARBORING ILLEGAL
ALIENS.
(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 section 274A(a)(1) or 274A(a)(2).
``(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'' each place 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'' each place it appears.
SEC. 202. INCLUDING ALIEN SMUGGLING AS A RACKETEERING ACTIVITY FOR
PURPOSES OF RACKETEERING INFLUENCED AND CORRUPT
ORGANIZATIONS (RICO) ENFORCEMENT AUTHORITY.
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 which is indictable under section
274(a)(1) of the Immigration and Nationality Act (relating to
alien smuggling)''.
SEC. 203. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING AND FOR
EMPLOYERS WHO KNOWINGLY EMPLOY SMUGGLED ALIENS.
Section 274(a)(1) (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. 204. WIRETAP AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.
Section 2516(1) of title 18, United State Code, is amended--
(1) in paragraph (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) and
redesignating paragraphs (m), (n), and (o) as paragraphs (n),
(o), and (p), respectively; and
(3) 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);''.
TITLE III--EMPLOYMENT
SEC. 301. IMPROVEMENT OF WORK ELIGIBILITY DOCUMENTS.
(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) of subsection (b) and
inserting:
``(1) Attestation after examination and verification of
documentation.--The person or entity must attest, under penalty
or perjury and on a form designated or established by the
Attorney General by regulation, that it has verified that the
individual is not an unauthorized alien by--
``(A) examining the individual's Social Security
account number card issued pursuant to subsection
(d)(1), and
``(B) verifying the individual's Social Security
account number through the verification system
established pursuant to subsection (d)(4).'',
(2) by inserting the following paragraph and redesignating
the subsequent paragraphs accordingly:
``(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 the
employment authorization expires must verify, through the
verification system established pursuant to subsection (d)(4),
that the alien's work authorization has been extended.'', and
(3) by adding at the end the following:
``(7) 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) Subsection (a)(1) shall be effective as
of July 1, 1996.
(2) Paragraphs (2) and (3) of subsection (a) shall be effective
upon enactment of this Act.
(c) Enhancement of Social Security Cards and 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) Enhancement of social security cards.--
``(A) Issuance of enhanced card for citizens.--The
Secretary shall cause to be issued enhanced Social
Security account number cards to United States citizens
and United States nationals who are 16 years of age or
older upon application, proof of identity, proof of
citizenship or nationality, and payment of a reasonable
fee.
``(B) Issuance of enhanced card for aliens.--The
Secretary shall cause to be issued enhanced Social
Security account number cards to aliens lawfully
admitted for permanent residence or who are otherwise
authorized to work in the United States and who are 16
years of age or older upon application, proof of
identity, verification of status by the Immigration and
Naturalization Service, and payment of a reasonable
fee.
``(2) Requirements of new cards.--(A) The cards issued
pursuant to paragraph (1) shall--
``(i) be uniform in appearance,
``(ii) be as tamper-proof and counterfeit-resistant
as is practicable,
``(iii) contain a photograph and such other
identifying information that is specific to each person
as the Secretary shall determine,
``(iv) contain the name, sex, date of birth,
citizenship status, and Social Security account number
of the issuee, and
``(v) incorporate a machine-readable encoding of
the information contained in the card.
``(B) The cards issued pursuant to paragraph (1)(B) to
aliens who are not permanent resident aliens shall indicate
whether the work authorization granted to the alien has an
expiration date.
``(3) Implementation.--(A) All Social Security account
number cards issued after July 1, 1996, must be issued pursuant
to the requirements under this subsection.
``(B) After July 1, 1996, individuals applying for
employment shall be required to apply for enhanced Social
Security account cards to be issued pursuant to paragraph (1).
``(C) By January 1, 2000, all individuals who are 16 years
of age or older and who have a Social Security account number
must apply for Social Security account number card issued
pursuant to paragraph (1).
``(4) Verification system.--
``(A) In general.--The Secretary, 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 allow for verification that an
individual's Social Security account number--
``(i) has been issued,
``(ii) was issued to an individual
authorized to work in the United States, and
``(iii) is not a number issued to a
deceased individual that has not been reissued.
The system shall also provide any other information
that the Secretary and Attorney General determine is
needed to verify that the number is a number issued
validly to the individual and that such individual is
authorized to work in the United States.
``(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 instance
of accessing the verification system to pay for the
costs of operating the system.
``(C) Effective date.--The verification system
required by this paragraph shall be operational by July
1, 1996.
``(5) Funding of employment verification system.--
``(A) The amount of the fee that is to be charged
under paragraph (1) shall be the amount (rounded to the
nearest whole dollar), not exceeding $40, required to cover the costs
of issuing the cards. The Secretary shall provide for the waiver of any
fee for persons unable to pay.
``(B) Any costs incurred in developing and
implementing the new Social Security account number
cards and verification system established under this
subsection that exceed the fees collected under
paragraph (1) shall not be paid for out of any trust
fund established under the Social Security Act.
``(6) 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 enforcement of
this Act or section 1001, 1028, 1546, and 1621 of title
18, United States Code.
``(E) The cards issued pursuant to this subsection
may not be required to be presented for any purpose
other than under this Act (or enforcement of sections
1001, 1028, 1546, and 1621 of title 18, United States
Code) nor to be carried on one's person.
``(F) Unauthorized use or disclosure of the
information or identifiers contained in the employment
verification system shall be punishable by civil and
criminal penalties.
``(7) Monitoring and improvements in system.--(A) The
Attorney General shall provide for the monitoring and
evaluation of the degree to which the employment verification
system established under subsection (b) provides a secure
system to determine employment eligibility in the United
States.
``(B) To the extent that the system established under this
subsection and subsection (b) is found not to be a secure
system to determine employment eligibility in the United
States, the Attorney General shall recommend such changes in
(including additions to) the system as may be necessary to
establish such a system.
``(8) Definitions.--For purposes of this subsection--
``(A) the term `Secretary' means the Secretary of
Health and Human Services, and
``(B) the term `State' means one of the United
States, the District of Columbia, or Puerto Rico.''.
(d) Conforming Amendments.--(1) Section 274A of the Immigration and
Nationality Act 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) This subsection shall be effective on July 1, 1996.
SEC. 302. IMMIGRATION AND NATURALIZATION SERVICE INVESTIGATORS.
In addition to such amounts as are otherwise authorized to be
appropriated, there is authorized to be appropriated for each of the
fiscal years 1996, 1997, 1998, 1999, and 2000 for salaries and expenses
of the Immigration and Naturalization Service such amounts as may be
necessary to provide for an increase in the number of investigators of
the Immigration and Naturalization Service by 1,000 full-time
equivalent investigator positions (and such support personnel as are
necessary) beyond the number of such positions authorized as of October
1, 1994.
TITLE IV--GOVERNMENT BENEFITS
SEC. 401. PROHIBITION OF BENEFITS FOR CERTAIN CATEGORIES OF 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 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. 402. UNEMPLOYMENT BENEFITS.
(a) 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) An alien granted temporary work authorization shall be eligible
only for unemployment compensation under an employment compensation law
of a State or the United States that accrued during such time as the
alien was authorized to work.
SEC. 403. HOUSING BENEFITS.
(a) Limitation.--Notwithstanding section 401 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. 404. SAVE SYSTEM.
There are authorized to be appropriated for each of the fiscal
years 1996, 1997, 1998, 1999, and 2000 such sums as may be necessary to
carry out the purposes of the automated SAVE system established under
section 121 of the Immigration Reform and Control Act of 1986 (Public
Law 99-603).
SEC. 405. LIMITATION ON FEDERAL FINANCIAL ASSISTANCE TO LOCALITIES THAT
REFUSE TO COOPERATE IN THE ARREST AND DEPORTATION OF
UNLAWFUL ALIENS.
Notwithstanding any other provision of law, Federal financial
assistance shall be reduced by 20 percent to any local government on
and after such date as the Attorney General certifies that the local
government has an official policy of refusing to cooperate with
officers or employees of the Department of Justice (including the
Immigration and Naturalization Service) with respect to the arrest and
deportation of aliens who are not lawfully present within the United
States. Such reduction in assistance is not reimbursable and shall
continue for as long as the policy of noncooperation remains in effect.
SEC. 406. UNIFORM VITAL STATISTICS.
(a) Pilot Program.--The Secretary of Health and Human Services
shall consult with the State agency responsible for 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 of 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 issue a written
report to Congress with recommendations on how the pilot program could
effectively be instituted as a national network for the United States.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 1996 and for subsequent fiscal years such
sums as may be necessary to carry out this section.
TITLE V--CRIMINAL ALIENS
SEC. 501. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL PROBATION OR
CRIMINAL 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 criminal parole pursuant
to the laws of the United States or of any State, and (6)''.
SEC. 502. RESTRICTING DEFENSES TO DEPORTATION FOR CERTAIN CRIMINAL
ALIENS.
(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, provided that the time for
appealing such conviction or sentence has expired and the sentence has
become final.''.
(b) Defenses Based on Withholding of Deportation.--Section
243(h)(2) of the Immigration and Nationality Act (8 U.S.C. 1253(h)(2))
is amended by--
(1) striking out the final sentence and inserting in lieu
thereof the following new subparagraph:
``(E) the alien has been convicted of an aggravated
felony.''; and
(2) striking out the ``or'' at the end of subparagraph (C)
and inserting ``or'' at the end of subparagraph (D).
SEC. 503. MISCELLANEOUS AND TECHNICAL CHANGES.
(a) Form of 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.''.
(b) Construction of Expedited Deportation Requirements.--No
amendment made by this Act shall 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.
(c) Collateral Attacks on Underlying Deportation Order.--Section
276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended
by inserting after subsection (b) 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.''.
SEC. 504. CRIMINAL ALIEN TRACKING CENTER.
(a) Operation.--The Commissioner of Immigration and Naturalization,
with the cooperation of the Director of the Federal Bureau of
Investigation and the heads of other agencies, shall, under the
authority of section 242(a)(3)(A) of the Immigration and Nationality
Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal alien tracking center.
(b) Purpose.--The criminal alien tracking center shall be used to
assist Federal, State, and local law enforcement agencies in
identifying and locating aliens who may be subject to deportation by
reason of their conviction of aggravated felonies.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,000,000 for fiscal year 1996
and $5,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000.
SEC. 505. PRISONER TRANSFER TREATY STUDY.
(a) Report to Congress.--Not later than 180 days after the date of
the 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 (in this section
referred to as the ``Treaty'') with Mexico 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 convicted of a criminal offense in
the United States since November 30, 1977, who would have been
or are eligible for transfer pursuant to the Treaty.
(2) The number of aliens described in paragraph (1) who
have been transferred pursuant to the Treaty.
(3) The number of aliens 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 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 disproportionately impacted by
aliens convicted of criminal offenses as the Secretary and the Attorney
General consider 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 a criminal offense 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 a criminal offense in
the United States.
(3) Changes in the Treaty that may be necessary to increase
the number of aliens convicted of crimes who may be transferred
pursuant to the Treaty.
(4) Methods for preventing the unlawful re-entry 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.
SEC. 506. EXPEDITING CRIMINAL ALIEN DEPORTATION AND EXCLUSION.
(a) Convicted Defined.--Section 241(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1251(a)(2)) is amended by adding at the end
the following new subparagraph:
``(E) Convicted defined.--In this paragraph, the
term `convicted' means a judge or jury has found the
alien guilty or the alien has entered a plea of guilty
or nolo contendere, whether or not the alien appeals
therefrom.''.
(b) Deportation of Convicted Aliens.--
(1) Immediate deportation.--Section 242(h) of such Act (8
U.S.C. 1252(h)) is amended--
(A) by striking ``(h) An alien'' and inserting
``(h)(1) Subject to paragraph (2), an alien''; and
(B) by adding at the end the following new
paragraph:
``(2) An alien sentenced to imprisonment may be deported prior to
the termination of such imprisonment by the release of the alien from
confinement, if the Service petitions the appropriate court or other
entity with authority concerning the alien to release the alien into
the custody of the Service for execution of an order of deportation.''.
(2) Prohibition of reentry into the united states.--Section
212(a)(2) of such Act (8 U.S.C. 1182(a)(2)) is amended--
(A) by redesignating subparagraph (F) as
subparagraph (G); and
(B) by inserting after subparagraph (E) the
following new subparagraph:
``(F) Aliens deported before serving minimum period
of confinement.--In addition to any other period of
exclusion which may apply an alien deported pursuant to
section 242(h)(2) is excludable during the minimum
period of confinement to which the alien was
sentenced.''.
(c) Execution of Deportation Orders.--Section 242(i) of such Act (8
U.S.C. 1252(i)) is amended by adding at the end the following: ``An
order of deportation may not be executed until all direct appeals
relating to the conviction which is the basis of the deportation order
have been exhausted.''.
TITLE VI--TERRORIST ALIENS
SEC. 601. REMOVAL OF ALIEN TERRORISTS.
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting 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 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 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 sections 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 judges from up to 7 United States
judicial districts to hear and decide cases arising 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 pursuant
to 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 described in sections 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 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)(i) the substitution for such evidence of a statement
admitting relevant facts that the specific evidence would tend
to prove, or (ii) the substitution for such evidence of 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 deportation (described in subsection (f)) may
be made pursuant to this section.
``(f) Determination of Deportation.--(1) If the determination in
subsection (e)(6)(A) has been made, the judge shall, considering the
evidence on the record as a whole, require that the alien be deported
if the Attorney General proves, 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,
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 20 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. If the Attorney General is appealing a
determination under subsection (d) or (e), the court of appeals shall
consider such appeal in camera and ex parte.''.
SEC. 602. MEMBERSHIP IN A TERRORIST ORGANIZATION AS A BASIS FOR
EXCLUSION FROM THE UNITED STATES UNDER THE IMMIGRATION
AND NATIONALITY ACT.
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 after clause (iii) the following:
``(iv) Terrorist organization defined.--As
used in this Act, the term `terrorist
organization' means an organization which
commits terrorist activity as determined by the
Attorney General, in consultation with the
Secretary of State.''.
TITLE VII--INSPECTIONS
SEC. 701. PREINSPECTION AT FOREIGN AIRPORTS.
(a) In General.--The Immigration and Nationality Act is amended by
inserting after section 235 the following new section:
``preinspection at foreign airports
``Sec. 235A. (a) Establishment of Preinspection Stations.--(1)
Subject to paragraph (4), not later than 2 years after the date of the
enactment of this section, the Attorney General, in consultation with
the Secretary of State, shall establish and maintain preinspection
stations in at least 5 of the foreign airports that are among the 10
foreign airports which the Attorney General identifies as serving as
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 established prior to the date of the enactment of this
section.
``(2) Not later than November 1, 1995, and each subsequent November
1, the Attorney General shall compile data identifying--
``(A) the foreign airports which served as last points of
departure for aliens who arrived by air at United States ports
of entry without valid documentation during the preceding
fiscal years,
``(B) the number and nationality of such aliens arriving
from each such foreign airport, and
``(C) the primary routes such aliens followed from their
country of origin to the United States.
``(3) Subject to paragraph (4), not later than 4 years after the
date of enactment of this section, the Attorney General, in
consultation with the Secretary of State, shall establish preinspection
stations in at least 5 additional foreign airports which the Attorney
General, in consultation with the Secretary of State, determines based
on the data compiled under paragraph (2) and such other information as
may be available would most effectively reduce the number of aliens who
arrive from abroad by air at points of entry within the United States
without valid documentation. Such preinspection stations shall be in
addition to those established prior to or pursuant to paragraph (1).
``(4) 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,
July 28, 1951), or the Protocol Relating to the Status of
Refugees (done at New York, January 31, 1967).
``(b) Establishment of Carrier Consultant Program.--The Attorney
General shall assign additional immigration officers to assist air
carriers in the detection of fraudulent documents at foreign airports
which, based on the records maintained pursuant to subsection (a)(2),
served as a point of departure for a significant number of arrivals at
United States ports of entry without valid documentation, but where no
preinspection station exists.
``(c) Clerical Amendment.--The table of contents is amended by
inserting after the item relating to section 235 the following new
item:
``Sec. 235A. Preinspection at foreign airports.''.
SEC. 702. TRAINING OF AIRLINE PERSONNEL IN DETECTION OF FRAUDULENT
DOCUMENTS.
(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 5 percent of the total of the expenses incurred that are
described in the previous 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 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 during or after fiscal year 1995.
(2) The Attorney General shall first 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 the enactment of this Act.
TITLE VIII--ASYLUM
SEC. 801. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.
(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
purposes of this Act.
``(C)(i) If an asylum officer determines that an alien has
a credible fear of persecution, 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 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 provisional 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
section 275 or 276, no court shall have jurisdiction to hear
claims collaterally attacking the validity of orders of
exclusion or deportation entered under sections 235, 236, and
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
exclusion of the alien.
``(5) An alien has not entered the United States for
purposes of this Act unless and until such alien has been
inspected and admitted by an immigration officer pursuant to
this subsection.
(b) 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''.
SEC. 802. 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 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 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 a crime described in clause (i)(II) or
(i)(III).
``(III) The Attorney General shall promulgate
regulations establishing such additional limitations
and conditions as the Attorney General considers
appropriate under which an alien shall be ineligible to
apply for provisional asylum under subparagraph (B).
``(3) Provisional asylum status.--In the case of any alien
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 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
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 described in paragraph (2)(C)(i)(V) or paragraph (4)(C),
the alien's deportation or return shall be directed by the
Attorney General in the sole discretion of the Attorney
General, to any country which is willing to accept the alien
into its territory (other than the country 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 coming
to the United States.
``(B) Exception.--An application for provisional
asylum may be considered, not withstanding 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 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 filing a notice of 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
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
examination for adjustment of status under this
subsection.
``(2) Treatment of spouse and children.--A spouse or child
(as defined in section 101(b)(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 accompanying, or following to join, such 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 application.
``(2) Treatment of material misrepresentations.--For
purposes of this subsection, an application considered to be
`frivolous' includes, but is not limited to, an application
which 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. 803. FAILURE TO APPEAR FOR PROVISIONAL 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. 804. 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. 805. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided, the amendments made
by this title shall take effect on the date of the enactment of this
Act.
(b) Exceptions.--
(1) The amendments made by this title shall not apply to
applications for asylum or withholding of deportation made
before the first day of the first month that begins more than
180 days after the date of the enactment of this Act and no
application for provisional asylum under section 208 of the
Immigration and Nationality Act (as amended by section 801 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 came to 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
filing such notice.
(3) The amendments made by section 803(b) (relating to
adjustment of status) shall not apply to aliens granted asylum
under section 208 of the Immigration and Nationality Act, as in
effect before the date of the enactment of this Act.
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