[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.