    [Public Papers of the Presidents of the United States: William J. Clinton (1993, Book I)]
    [July 27, 1993]
    [Pages 1197-1198]
    [From the U.S. Government Publishing Office www.gpo.gov]

    [[Page 1197]]

    Message to the Congress Transmitting Proposed Legislation on Illegal
    Immigration
    July 27, 1993

    To the Congress of the United States:
        I am pleased to transmit today for your immediate consideration and
    enactment the ``Expedited Exclusion and Alien Smuggling Enhanced
    Penalties Act of 1993.'' This legislative proposal is designed to
    address the growing abuse of our legal immigration and political asylum
    systems by illegal aliens holding fraudulent documents and by alien
    smugglers. Also transmitted is a section-by-section analysis. The
    proposal is part of a larger Administration initiative that I announced
    on June 18, 1993, to combat the illegal entry and smuggling of aliens
    into the United States.
        The use of fraudulent documents by aliens seeking to enter the
    United States has increased dramatically. This proposal would expedite
    the exclusion and return of certain undocumented and fraudulently
    documented aliens who clearly are ineligible for admission to the United
    States, while ensuring that persons who have legitimate asylum claims
    receive full and fair hearings. In addition, the bill would increase the
    ability of the Immigration and Naturalization Service (INS) to prosecute
    alien smugglers and enhance the penalties for alien smuggling.
        The expedited exclusion procedures would apply to an alien who, for
    example: (1) attempted to use a fraudulent passport to enter the United
    States; (2) came to the United States by commercial airplane and did not
    present a visa upon arrival; or (3) was encountered by the Coast Guard
    on the high seas and brought to the United States. To apply for asylum,
    these aliens first would have to establish that they had a credible fear
    either of persecution in the country from which they had departed or of
    return to persecution. If an asylum officer determined that the alien
    had such a credible fear, the alien then could apply for asylum. If the
    alien did not have the requisite fear of persecution, the alien would be
    subject to an immediate order of exclusion barring him or her from
    entering the United States. The bill would limit judicial review of such
    an exclusion order.
        Alien smuggling has become an increasingly pervasive problem, as
    seen in the current wave of Chinese aliens being brought to the shores
    of this country by unscrupulous criminal organizations. These
    organizations seek to profit both from transporting these aliens and
    from their labors once in this country. The number of alien smugglers
    arrested in the past 3 years has tripled, and the number of smugglers
    convicted has doubled.
        Alien smuggling not only violates our criminal and immigration laws,
    but it also takes a terrible toll on the lives of the aliens illegally
    brought into this country. Many of these individuals transfer their
    entire life savings and pledge thousands of additional dollars to
    smugglers. These aliens are often placed in deplorable conditions
    amounting to indentured servitude until they can pay the debts incurred
    for their passage to America. Moreover, organized criminal syndicates
    are becoming more frequently associated with this highly profitable
    traffic in human cargo.
        The bill's criminal provisions are vital to help apprehend offenders
    and deter future criminal activity in this area. Under this proposal,
    the maximum penalty imposed against certain smugglers would be increased
    from 5 to 10 years in prison for each individual smuggled. Since
    clandestine means of investigation are often needed to build cases
    against alien smuggling rings, the bill would authorize INS to conduct
    wiretaps for alien smuggling investigations.
        Finally, the Racketeer Influenced and Corrupt Organizations statute
    would be amended so its penalty and forfeiture provisions could be used
    against alien smuggling organizations. The proposal also would expand
    the ability of law enforcement personnel to forfeit the proceeds of
    illegal alien smuggling, such as cash and bank accounts.
        In addition to this bill, our efforts to combat alien smuggling
    include strengthening law enforcement efforts and attacking smuggling
    operations at the source. The Federal Government already has begun
    interdicting and redirecting smuggling ships, where feasible, in transit
    to the United States. INS is detaining aliens who enter the United
    States in conjunction with criminal smuggling activities. The Department
    of Justice, consistent with due process and exist-

    [[Page 1198]]

    ing laws, is expediting the adjudication of entry claims raised by
    migrants who are the victims of organized criminal smuggling schemes.
        All of these actions, taken together, signal the United States
    abhorrence of the trafficking in human beings for profit and our
    determination to combat this illegal activity. At the same time, they
    reaffirm our Nation's commitment to safeguarding the protection of bona
    fide refugees.
        I urge the prompt and favorable consideration of this legislative
    proposal by the Congress.

                                                          William J. Clinton

    The White House,
    July 27, 1993.