[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4251 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4251

    To provide for the assessment of civil penalties for aliens who 
  illegally enter the United States and for persons smuggling aliens 
                       within the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 1998

Mr. Deal of Georgia (for himself, Mr. Rohrabacher, Mr. Cunningham, Mr. 
Bilbray, Mr. Stump, Mr. Traficant, Mr. Norwood, Mr. Bliley, Mr. Riley, 
and Mr. Gallegly) introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To provide for the assessment of civil penalties for aliens who 
  illegally enter the United States and for persons smuggling aliens 
                       within 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 Alien Forfeiture Act of 
1998''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to provide for civil penalties as 
disincentives for aliens who illegally enter the United States, persons 
smuggling aliens and persons acting as agents of smugglers of aliens, 
and aliens using the services of smugglers and transporters to gain 
entry into the United States and to be transported to places within the 
United States.

SEC. 3. CIVIL PENALTY FOR ILLEGAL ENTRY.

    (a) Asset Seizure.--Section 275 of the Immigration and Nationality 
Act (8 U.S.C. 1325) is amended by adding after subsection (d) the 
following new subsection:
    ``(e)(1) The assets of a person subject to civil penalties under 
subsection (b) (including cash and other personal or real property) may 
be seized and held as security against payment of such civil penalty 
for a period not to exceed 30 days, at which time such assets may be 
forfeited, liquidated, and applied toward satisfaction of any 
outstanding civil penalty under subsection (b).
    ``(2) Any part of a civil penalty not satisfied by the seizure and 
liquidation of assets under paragraph (1) shall remain as an 
outstanding indebtedness to the United States Government until paid in 
full.''.
    (b) Assessment of Civil Penalty.--Section 275(b) of the Immigration 
and Nationality Act (8 U.S.C. 1325(b)) is amended by striking ``shall 
be subject to a civil penalty'' and inserting ``shall be assessed a 
civil penalty''.

SEC. 4. CIVIL PENALTY FOR TRANSPORTING ALIEN ILLEGALLY PRESENT IN 
              UNITED STATES.

    Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) 
is amended by adding after subsection (d) the following new subsection:
    ``(e)(1) Any person operating any vehicle, vessel, or conveyance of 
any kind and transporting into or within the United States an alien who 
has not been lawfully inspected and admitted by an immigration officer 
or an alien residing in the United States in violation of the terms of 
admission as a nonimmigrant shall be assessed a civil penalty of not 
less than $3,000 for each such alien being transported.
    ``(2) Any alien being transported into or within the United States 
under paragraph (1) shall be assessed a civil penalty of not less than 
$1,000.
    ``(3) Civil penalties under this subsection are in addition to, and 
not in lieu of, any criminal or other civil penalties that may be 
imposed.
    ``(4) The assets of a person subject to civil penalties under 
paragraphs (1) or (2), including cash and other personal or real 
property, may be seized and held as security against payment of such 
civil penalty for a period not to exceed 30 days, at which time such 
assets may be forfeited, liquidated, and applied toward satisfaction of 
any outstanding civil penalty under subsection (b).
    ``(5) Any part of a civil penalty not satisfied by the seizure and 
liquidation of assets under paragraph (4) shall remain as an 
outstanding indebtedness to the United States Government until paid in 
full.''.

SEC. 5. ADDITION OF ALIENS OWING AN INDEBTEDNESS TO THE UNITED STATES 
              GOVERNMENT TO CLASSES OF ALIENS INELIGIBLE TO RECEIVE 
              VISAS AND INELIGIBLE FOR ADMISSION.

    Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(2)) is amended--
            (1) by redesignating subparagraph (F) as subparagraph 
        ``(G)''; and
            (2) by inserting after subparagraph (E) the following new 
        subparagraph:
                    ``(F) Debt owed to united states government.--Any 
                alien owing an indebtedness to the United States 
                Government resulting from civil penalties assessed in 
                accordance with sections 274 or 275 is inadmissible.''.

SEC. 6. ADDITION OF ALIENS OWING AN INDEBTEDNESS TO THE UNITED STATES 
              GOVERNMENT TO CLASSES OF DEPORTABLE ALIENS.

    Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 
1227(a)) is amended by adding after paragraph (6) the following new 
paragraph:
            ``(7) Debt owed to united states government.--Any alien 
        owing an indebtedness to the United States Government resulting 
        from civil penalties assessed in accordance with sections 274 
        or 275 is deportable.''.

SEC. 7. INCREASE IN CIVIL PENALTY FOR ENTRY OF ALIEN AT IMPROPER TIME 
              AND PLACE.

    Section 275(b)(1) of the Immigration and Nationality Act (8 U.S.C. 
1325(b)(1)) is amended by striking ``at least $50 and not more than 
$250 for each such entry'' and inserting ``at least $250 and not more 
than $750 for each such entry''.
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