[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 560 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 560

          To reform the immigration laws of the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 18, 1995

 Mr. Gallegly introduced the following bill; which was referred to the 
   Committee on the Judiciary and, in addition, to the Committees on 
   Economic and Educational Opportunities, International Relations, 
   Government Reform and Oversight, Ways and Means, Agriculture, and 
    Banking and Financial Services, 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 reform the immigration laws of 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 Reform Act of 1995''.

SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.
Sec. 2. Table of contents.
                TITLE I--IMMIGRATION AND LAW ENFORCEMENT

Sec. 101. Increased personnel levels of the border patrol.
Sec. 102. Increased funding for the border patrol.
Sec. 103. Inservice training for the border patrol.
Sec. 104. Increase in I.N.S. support personnel.
Sec. 105. Strengthened enforcement of wage and hour laws.
Sec. 106. Strengthened enforcement of the employer sanctions 
                            provisions.
Sec. 107. Increased number of assistant United States attorneys.
Sec. 108. Prohibition of transportation of aliens for purposes of 
                            employment.
Sec. 109. Limitation on Federal financial assistance to localities that 
                            refuse to cooperate in the arrest and 
                            deportation of unlawful aliens.
Sec. 110. Negotiations with Mexico and Canada.
            TITLE II--IMMIGRATION DOCUMENT FRAUD PREVENTION

Sec. 201. Issuance of new identification cards for aliens.
Sec. 202. Implementation.
Sec. 203. No national identity card.
Sec. 204. Employer education program.
Sec. 205. Authorization of appropriations.
Sec. 206. Employment eligibility verification demonstration project.
        TITLE III--RESTRICTIONS ON ALIEN ELIGIBILITY FOR WELFARE

Sec. 301. Prohibition of direct Federal financial benefits and 
                            unemployment benefits to aliens who are not 
                            lawful permanent residents.

                TITLE I--IMMIGRATION AND LAW ENFORCEMENT

SEC. 101. INCREASED PERSONNEL LEVELS OF THE BORDER PATROL.

    The number of full-time positions in the Border Patrol of the 
Department of Justice for fiscal year 1996 shall be increased to 8,000.

SEC. 102. INCREASED FUNDING FOR THE BORDER PATROL.

    In addition to funds otherwise available for such purposes, there 
are authorized to be appropriated to the Attorney General $50,000,000 
for the fiscal year 1996, which amount shall be available only for 
equipment, support services, and initial training for the Border 
Patrol. Funds appropriated pursuant to this section are authorized to 
remain available until expended.

SEC. 103. INSERVICE TRAINING FOR THE BORDER PATROL.

    (a) Requirement.--Section 103 of the Immigration and Nationality 
Act (8 U.S.C. 1103) is amended by adding at the end the following new 
subsection:
    ``(e)(1) The Attorney General shall continue to provide for such 
programs of inservice training for full-time and part-time personnel of 
the Border Patrol in contact with the public as will familiarize the 
personnel with the rights and varied cultural backgrounds of aliens and 
citizens in order to ensure and safeguard the constitutional and civil 
rights, personal safety, and human dignity of all individuals, aliens 
as well as citizens, within the jurisdiction of the United States with 
whom they have contact in their work.
    ``(2) The Attorney General shall provide that the annual report of 
the Service include a description of steps taken to carry out paragraph 
(1).''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General $1,000,000 for fiscal year 1996 to 
carry out the inservice training described in section 103(e) of the 
Immigration and Nationality Act. The funds appropriated pursuant to 
this subsection are authorized to remain available until expended.

SEC. 104. INCREASE IN I.N.S. SUPPORT PERSONNEL.

    In order to provide support for the increased personnel levels of 
the border patrol authorized in section 101, the number of full-time 
support positions for investigation, detention and deportation, 
intelligence, information and records, legal proceedings, and 
management and administration in the Immigration and Naturalization 
Service shall be increased by 580 positions above the number of 
equivalent positions as of September 30, 1994.

SEC. 105. STRENGTHENED ENFORCEMENT OF WAGE AND HOUR LAWS.

    (a) In General.--The number of full-time positions in the Wage and 
Hour Division with the Employment Standards Administration of the 
Department of Labor for the fiscal year 1996 shall be increased by 250 
positions above the number of equivalent positions available to the 
Wage and Hour Division as of September 30, 1994.
    (b) Assignment.--Individuals employed to fill the additional 
positions described in subsection (a) shall be assigned to investigate 
violations of wage and hour laws in areas where the Attorney General 
has notified the Secretary of Labor that there are high concentrations 
of undocumented aliens.

SEC. 106. STRENGTHENED ENFORCEMENT OF THE EMPLOYER SANCTIONS 
              PROVISIONS.

    (a) In General.--The number of full-time positions in the 
Investigations Division within the Immigration and Naturalization 
Service of the Department of Justice for the fiscal year 1996 shall be 
increased by 250 positions above the number of equivalent positions 
available to such Division as of September 30, 1994.
    (b) Assignment.--Individuals employed to fill the additional 
positions described in subsection (a) shall be assigned to investigate 
violations of the employer sanctions provisions contained in section 
274A of the Immigration and Nationality Act, including investigating 
reports of violations received from officers of the Employment 
Standards Administration of the Department of Labor.

SEC. 107. INCREASED NUMBER OF ASSISTANT UNITED STATES ATTORNEYS.

    (a) In General.--The number of Assistant United States Attorneys 
that may be employed by the Department of Justice for the fiscal year 
1996 shall be increased by 21 above the number of Assistant United 
States Attorneys that could be employed as of September 30, 1994.
    (b) Assignment.--Individuals employed to fill the additional 
positions described in subsection (a) shall be specially trained to be 
used for the prosecution of persons who bring into the United States or 
harbor illegal aliens, fraud, and other criminal statutes involving 
illegal aliens.

SEC. 108. PROHIBITION OF TRANSPORTATION OF ALIENS FOR PURPOSES OF 
              EMPLOYMENT.

    Section 274(a)(1)(A)(ii) of the Immigration and Nationality Act (8 
U.S.C. 1324(a)(1)(A)(ii)) is amended by inserting before the semicolon 
at the end the following: ``or in furtherance of the employment of such 
alien''.

SEC. 109. 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, no Federal financial 
assistance shall be paid to any local government on and after such date 
as the Attorney General certifies that an official, officer, or 
employee of the local government (including its police department) in 
the exercise of (and within the lawful scope of) the individual's 
official duties has refused, on or after the date of the enactment of 
this Act, to cooperate with an officer or employee of the Department of 
Justice (including the Immigration and Naturalization Service) with 
respect to the arrest and deportation of an alien who is not lawfully 
present within the United States.

SEC. 110. NEGOTIATIONS WITH MEXICO AND CANADA.

    It is the sense of the Congress that--
            (1) the Attorney General, jointly with the Secretary of 
        State, should initiate discussions with Mexico and Canada to 
        establish formal bilateral programs with those countries to 
        prevent and to prosecute the smuggling of undocumented aliens 
        into the United States;
            (2) not later than one year after the date of enactment of 
        this Act, the Attorney General shall report to the Congress the 
        progress made in establishing such programs; and
            (3) in any such program established under this Act, major 
        emphasis should be placed on deterring and prosecuting persons 
        involved in the organized and continued smuggling of 
        undocumented aliens.

            TITLE II--IMMIGRATION DOCUMENT FRAUD PREVENTION

SEC. 201. ISSUANCE OF NEW IDENTIFICATION CARDS FOR ALIENS.

    (a) In General.--The Attorney General shall cause to be issued new 
registration and identification cards to all aliens who are qualified 
to hold employment in the United States for the purpose of providing 
proof of employment eligibility under section 274A of the Immigration 
and Nationality Act (8 U.S.C. 1324a).
    (b) Requirements.--(1) Each new registration and identification 
card issued under subsection (a) shall--
            (A) be in a form which is resistant to counterfeiting and 
        tampering;
            (B) be designed in such a manner so that an employer can 
        reliably determine that--
                    (i) the person with the bearer's claimed identity 
                is eligible to be employed in the United States, and
                    (ii) the bearer is not claiming the identity of 
                another individual;
            (C) contain a photograph and other identifying information 
        (such as date of birth, sex, and distinguishing marks) that 
        would allow an employer to determine with reasonable certainty 
        that the bearer is not claiming the identity of another 
        individual;
            (D) in the case of a card issued to--
                    (i) a work-eligible nonimmigrant admitted under 
                section 214 of the Immigration and Nationality Act (8 
                U.S.C. 1184),
                    (ii) an alien admitted for temporary residence 
                under section 210 of such Act (8 U.S.C. 1160),
                    (iii) an alien granted temporary protected status 
                under section 244A of such Act (8 U.S.C. 1254a), and
                    (iv) an alien authorized to work by the Immigration 
                and Naturalization Service pending a final 
                determination of deportability,
        shall specify the expiration date of the work authorization on 
        the face of the card; and
            (E) shall specify the alien's admission number or alien 
        file number.
    (2) The new card shall be valid for a period of 10 years and must 
be reissued to remain valid after the 10th anniversary of the date of 
its issue.
    (3) The new card shall note on its face whether work authorization 
is restricted.
    (4) An employer, for purposes of satisfying the requirements of 
section 274A(b) of the Immigration and Nationality Act--
            (A) may require an alien seeking employment to produce the 
        new card as proof of employment eligibility, and
            (B) may inquire whether an applicant's limited work 
        authorization has expired or has been reauthorized at the end 
        of a work authorization period.
Such a requirement or inquiry shall not constitute an unfair 
immigration-related employment practice under section 274B of such Act.

SEC. 202. IMPLEMENTATION.

    (a) In General.--Each alien who is authorized to be employed in the 
United States shall, on or before October 1, 1996, turn in any alien 
registration and identification card which is in the alien's possession 
at any post office or office of the Immigration and Naturalization 
Service. No resident alien shall receive the new card until--
            (1) the alien--
                    (A) has surrendered the old green card,
                    (B) has provided proof of identity,
                    (C) has provided such other documents as may be 
                required under law, and
                    (D) has paid a fee (not to exceed $75) that is 
                reasonable and sufficient to cover the costs of 
                administration of this section; and
            (2) the Service has verified the lawful status of the 
        alien.
The Attorney General may waive payment of the fee under paragraph 
(1)(D) (or reduce the amount of such fee) if the alien provides 
satisfactory evidence that the alien cannot afford the full fee.
    (b) Posting of Notices.--Notices of the requirement of subsection 
(a) shall be posted in all post offices and Immigration and 
Naturalization Service offices and published in local newspapers during 
fiscal year 1996.
    (c) Invalidity of Old Cards.--Any alien registration or 
identification card for permanent resident aliens, other than an alien 
registration and identification card issued under this section, shall 
be invalid as of midnight of October 1, 1998.
    (d) Use of New Cards Under SAVE Program.--
            (1) In general.--Section 1137(d) of the Social Security Act 
        (42 U.S.C. 1320b-7(d)) is amended--
                    (A) in paragraph (2), by striking ``either'' and 
                all that follows through the end and inserting the 
                following: ``a registration and identification card 
                issued under section 2(a) of the Immigration Reform Act 
                of 1995.'',
                    (B) in paragraph (3), by striking ``paragraph 
                (2)(A)'' and inserting ``paragraph (2)'', and
                    (C) in paragraph (4), by striking ``paragraph 
                (2)(A)'' and inserting ``such paragraph''.
            (2) Housing assistance.--Section 214(d) of the Housing and 
        Community Development Act of 1980 (42 U.S.C. 1436a(d)) is 
        amended--
                    (A) in paragraph (2), by striking ``either'' and 
                all that follows through the end and inserting the 
                following: ``a registration and identification card 
                issued under section 2(a) of the Immigration Reform Act 
                of 1995.'',
                    (B) in paragraph (3), by striking ``paragraph 
                (2)(A)'' and inserting ``paragraph (2)'',
                    (C) in paragraph (4), by striking ``paragraph 
                (2)(A)'' the first place it appears and inserting 
                ``paragraph (2)'', and
                    (D) in paragraph (4), by striking ``paragraph 
                (2)(A)'' the second place it appears and inserting 
                ``such paragraph''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on October 1, 1998.

SEC. 203. NO NATIONAL IDENTITY CARD.

    The new card described in section 201--
            (1) shall not be considered a national identity card;
            (2) shall not be issued to any citizen or national of the 
        United States; and
            (3) shall--
                    (A) not be required to be carried on one's person, 
                and
                    (B) not be required to be presented other than--
                            (i) upon request by a prospective employer 
                        for any purposes other than under this section 
                        or under sections 1001, 1023, 1566, and 1621 of 
                        title 18, United States Code, or to satisfy the 
                        requirements of section 274A of the Immigration 
                        and Nationality Act, or
                            (ii) for purposes of carrying out section 
                        1137(d) of the Social Security Act or section 
                        214(d) of the Housing and Community Development 
                        Act of 1980.

SEC. 204. EMPLOYER EDUCATION PROGRAM.

    The Attorney General, in consultation with the Secretary of Labor, 
the Administrator of the Small Business Administration, and the 
Commissioner of the Internal Revenue, shall conduct a nationwide 
program to inform employers about their responsibilities under the 
Immigration and Nationality Act and the uses of the new alien 
registration and identification cards issued under this Act.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $5,000,000 for each of 
fiscal years 1996 and 1997 to carry out this Act.

SEC. 206. EMPLOYMENT ELIGIBILITY VERIFICATION DEMONSTRATION PROJECT.

    The Attorney General shall continue to conduct the demonstration 
projects under section 274A of the Immigration and Nationality Act in 
order to establish if it is feasible to determine the employment 
eligibility of aliens authorized to work in the United States through 
the use of a telephone and computation capability that is available on 
the date of enactment of this Act. The Attorney General shall submit a 
report to Congress on such projects by not later than October 1, 1995.

        TITLE III--RESTRICTIONS ON ALIEN ELIGIBILITY FOR WELFARE

SECTION 301. PROHIBITION OF DIRECT FEDERAL FINANCIAL BENEFITS AND 
              UNEMPLOYMENT BENEFITS TO ALIENS WHO ARE NOT LAWFUL 
              PERMANENT RESIDENTS.

    (a) In General.--On and after the date of the enactment of this 
Act, notwithstanding any other provision of law, no direct Federal 
financial benefit or social insurance benefit, including (but not 
limited to)--
            (1) payments under the aid to families with dependent 
        children program under part A of title IV of the Social 
        Security Act,
            (2) benefits under the supplemental security income program 
        under title XVI of the Social Security Act,
            (3) food stamps under the Food Stamp Act of 1977, and
            (4) financial assistance (as defined in section 214(b) of 
        the Housing and Community Development Act of 1980),
may be paid or otherwise given to any person who is not a citizen or 
national of the United States, an alien lawfully admitted for permanent 
residence, or an alien otherwise lawfully and permanently residing in 
the United States (as defined in subsection (e)), except pursuant to a 
provision of the Immigration and Nationality Act.
    (b) Unemployment Benefits.--No alien who has not been granted 
employment authorization pursuant to Federal law shall be eligible for 
unemployment benefits.
    (c) Social Security Benefits.--
            (1) In general.--Subsection (a) shall not apply to benefits 
        paid under the old age, survivors, and disability insurance 
        program under title II of the Social Security Act.
            (2) No credit for wages for unauthorized employment.--
        Notwithstanding any other provision of law, wages paid on or 
        after the date of the enactment of this Act with respect to an 
        alien's employment which is not authorized under law shall not 
        be taken into account in crediting quarters of coverage under 
        title II of the Social Security Act.
    (d) Construction.--This section shall not apply to the provision of 
foreign aid to aliens abroad.
    (e) Definition.--For purposes of this section, the term ``alien 
otherwise lawfully and permanently residing in the United States'' 
means any person who at the time the person applies for, receives, or 
attempts to receive a Federal financial benefit or social insurance 
benefit is an asylee, a refugee, or a parolee.
                                 <all>