[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 759 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 759

To amend the Immigration and Nationality Act to limit the adjustment of 
   status of aliens who are unlawfully residing in the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                  May 4 (legislative day, May 1), 1995

  Mr. Bradley (for himself and Mr. Hollings) 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 limit the adjustment of 
   status of aliens who are unlawfully residing in 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 ``Illegal Immigration Enforcement Act 
of 1995''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The Government of the United States has failed to curb 
        the influx of undocumented aliens into the United States.
            (2) The social and economic costs of illegal immigration 
        create a backlash against legal immigrants and citizens of 
        different ethnic backgrounds.
            (3) The primary magnet for illegal aliens is work.
            (4) Existing law contains provisions to prevent the 
        employment of undocumented aliens.
            (5) Properly enforced, these provisions could reduce 
        employment opportunities for illegal immigrants and thereby 
        reduce the incentive for illegal immigration.
            (6) With proper enforcement and employer education, the 
        employer sanctions laws should not result in employment 
        discrimination.
            (7) However, these laws are not now adequately enforced.
            (8) This is in part because Immigration and Naturalization 
        Service inspectors have other, legislatively mandated, 
        priorities that have first call on their limited resources.
            (9) Many illegal immigrants adjust their status to become 
        legal residents.
            (10) This prospect is another encouragement to illegal 
        immigration.
            (11) Statistics show that approximately one-half of all 
        illegal aliens living in the United States arrived legally on 
        nonimmigrant visas, then failed to depart.
            (12) The Immigration and Naturalization Service (INS) is 
        currently unable to identify or locate such visa overstayers in 
        a systematic fashion.

SEC. 3. ENFORCEMENT OF EMPLOYER SANCTIONS.

    (a) Establishment of New Office.--There shall be in the Immigration 
and Naturalization Service of the Department of Justice an Office for 
the Enforcement of Employer Sanctions (in this section referred to as 
the ``Office'').
    (b) Functions.--The functions of the Office established under 
subsection (a) shall be--
            (1) to investigate and prosecute violations of section 
        274A(a) of the Immigration and Nationality Act (8 U.S.C. 
        1324a(a)); and
            (2) to educate employers on the requirements of the law and 
        in other ways as necessary to prevent employment 
        discrimination.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General $100,000,000 to carry out the 
functions of the Office established under subsection (a).

SEC. 4. LIMITATION ON ADJUSTMENT OF STATUS.

    Section 245(c) of the Immigration and Nationality Act (8 U.S.C. 
1255(c)) is amended--
            (1) by striking ``or (4)'' and inserting ``(4)''; and
            (2) by inserting before the period at the end the 
        following: ``(5) any alien who seeks adjustment of status as an 
        employment-based immigrant; or (6) any alien who was employed 
        while the alien was an unauthorized alien, as defined in 
        section 274(h)(3)''.

SEC. 5. MONITORING OF OVERSTAYS.

    The Attorney General shall develop an entry and exit data base that 
will permit the Attorney General to identify lawfully admitted 
nonimmigrants who overstay their visas.
                                 <all>