[Congressional Record Volume 142, Number 141 (Thursday, October 3, 1996)]
[Extensions of Remarks]
[Pages E1916-E1917]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT OF 1996

                                 ______
                                 

                      HON. ENI F. H. FALEOMAVAEGA

                           of american samoa

                    in the house of representatives

                        Tuesday, October 3, 1996

  Mr. FALEOMAVAEGA. Mr. Speaker, I rise today to clarify the treatment 
of American Samoans who are nationals but not citizens of the United 
States under the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 contained in H.R. 3610. It is my 
understanding that the new act does not alter the status or rights of 
noncitizen nationals.
  I am advised that the intent of the new act is to apply the existing 
statutory definition of alien as set forth in the Immigration and 
Nationality Act [INA]. 8 U.S.C. Sec. 1101(a)(3). Under the INA, 
noncitizen nationals of the United States are not considered aliens, 
and I am advised that they are not considered aliens under the new act. 
In some instances, the new act expressly incorporates and applies the 
existing statutory definition of alien contained in the INA. In other 
instances, the new act amends existing law in a manner which 
automatically invokes the existing INA definition of alien.
  Title I of the new act provides for improvement of border control, 
facilitation of legal entry, and interior enforcement. For purposes of 
title I, the INA definition of alien is specifically incorporated. 
Sec. 1(c).
  Title II of the new act covers alien smuggling and document fraud, 
and it amends both the INA and the criminal statutes contained in title 
18 of the United States Code. The amendments of the INA are 
automatically subject to the existing INA definition of alien. I am 
advised that criminal provisions in title 18 of the Code involving 
immigration offenses are

[[Page E1917]]

normally interpreted to follow the INA definition of alien.
  Title III of the new act covers inspection, apprehension, 
adjudication, and removal of inadmissible and deportable aliens. This 
title amends the INA and is therefore automatically subject to the 
existing INA definition of alien.
  Title IV of the new act provides for the enforcement of employment 
restrictions, including use of citizen attestation programs. The title 
specifically provides that ``United States citizenship'' includes 
``United States nationality.'' Sec. 401(d)(6).
  Title V of the new act places restrictions on benefits for aliens. 
The title expressly incorporates the INA definition of alien. 
Sec. 594(1). Thus, the benefits of noncitizen nationals are not 
affected.
  Title VI of the new act contains miscellaneous provisions, some of 
which amend the INA and are thus automatically subject to the INA 
definition of alien. For those provisions of title VI which do not 
amend the INA, the new act specifically incorporates the INA definition 
of alien. Sec. 1(c).

                          ____________________