[Congressional Record Volume 143, Number 123 (Tuesday, September 16, 1997)]
[Extensions of Remarks]
[Page E1765]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             1996 IMMIGRATION REFORM BILL NEEDS CORRECTION

                                 ______
                                 

                          HON. JOHN J. LaFALCE

                              of new york

                    in the house of representatives

                      Tuesday, September 16, 1997

  Mr. LaFALCE. Mr. Speaker, the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 became law 1 year ago this month. 
Next year at this time, September 30, 1998, section 110 will be 
implemented and will adversely--and unintentionally--affect our 
Canadian neighbors. Today I am introducing an amendment to the 
Immigration Reform Act that will ensure that past regulations and 
procedures with respect to Canadian citizens' entering and exiting the 
United States will continue to be as document-free and hassle-free as 
it always has been.
  Last year, Congress passed a well-intentioned provision of the 
Immigration Reform Act that requires the Immigration and Naturalization 
Service [INS] to develop an automated entry and exit system for the 
purpose of documenting the entry and departure of every alien arriving 
and leaving the United States. Prior to this act, the United States has 
had no departure management system. The consequence has been the 
inability of INS to identify lawfully admitted nonimmigrants who remain 
in the United States beyond the period authorized, the so-called 
overstays.
  The oversight in this provision is the failure to exempt the Canadian 
nationals who previously have not been required to fill out INS 
documents, or I-94's, at the border. In 1996, more than 116 million 
people entered the United States by land from Canada. Of these, more 
than 76 million were Canadian or United States permanent residents. As 
anyone who has crossed the United States-Canada border knows, 
congestion is a problem. The more than $1 billion of goods and services 
trade that crosses our border daily adds enormously to the daily 
traffic flow. If the United States were to implement the entry and exit 
procedure required by section 110, congestion would turn into a 
nightmare at the border.
  After the Immigration Reform Act passed last year, Chairmen Simpson 
and Smith of the Senate and House Judiciary Subcommittees on 
Immigration, respectively, wrote to Canadian Ambassador Raymond 
Chretian assuring him that ``we did not intend to impose a new 
requirement for border crossing cards or I-94's on Canadians who are 
not presently required to possess such documents.''
  Mr. Speaker, consistent with the intent of the United States-Canada 
Accord on Our Shared Border to open and improve the flow of United 
States and Canadian citizens across our common border, and to prevent 
the intolerable congestion that would result from implementation of 
section 110 as it now stands, I am offering an amendment to the 
Immigration Reform Act. My bill simply exempts from section 110 
Canadian nationals who are not otherwise required by law to possess a 
visa, passport, or border-crossing identification card.
  This correction of an oversight in the 1996 Reform Act is the right 
thing to do, the practical thing to do, and it follows through on 
assurances made to the Canadian Ambassador that it was not 
congressional intent to reverse decades of practice with respect to 
Canadian nationals.
  The text of the bill follows:

                                H.R.  --

       To amend the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 to clarify that records of arrival 
     or departure are not required to be collected for purposes of 
     the automated entry-exit control system developed under 
     section 110 of such Act for Canadians who are not otherwise 
     required to possess a visa, passport, or border crossing 
     identification card.
       Be it enacted by the Senate and the House of 
     Representatives of the United States of America in Congress 
     assembled,

     SEC. 1. EXEMPTION FOR CERTAIN ALIENS FROM ENTRY-EXIT CONTROL 
                   SYSTEM.

       (a) In General.--Section 110(a) of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1221 note) is amended to read as follows:
       ``(a) System.--
       ``(1) In general.--Subject to paragraph (2), not later than 
     2 years after the date of the enactment of this Act, the 
     Attorney General shall develop an automated entry and exit 
     control system that will--
       ``(A) collect a record of departure for every alien 
     departing the United States and match the records of 
     departure with the record of the alien's arrival in the 
     United States; and
       ``(B) enable the Attorney General to identify, through on-
     line searching procedures, lawfully admitted nonimmigrants 
     who remain in the United States beyond the period authorized 
     by the Attorney General.
       ``(2) Exemption for certain aliens.--The system under 
     paragraph (1) shall not collect a record of arrival or 
     departure for an alien--
       ``(A) who is--
       ``(i) a Canadian national; or
       ``(ii) an alien having a common nationality with Canadian 
     nationals and who has his or her residence in Canada; and
       ``(B) who is not otherwise required by law to be in 
     possession, for purposes of establishing eligibility for 
     admission into the United States, of--
       ``(i) a visa;
       ``(ii) a passport; or
       ``(iii) a border crossing identification card.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the enactment of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (Public Law 104-208; 110 Stat. 3009-546).

     

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