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TITLE XIII-CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT
SEC. 130001. ENHANCEMENT OF PENALTIES FOR FAILING TO DEPART,
REENTERING, AFTER FINAL ORDER OF DEPORTATION.
(a) Failure To Depart .-Section 242(e) of the Immigration and
Nationality Act (8 U.S.C. 1252(e)) is amended-
(1) by striking "paragraph (2), (3), or (4) of" the first time
appears; and
(2) by striking "shall be imprisoned not more than ten years" and
inserting "shall be imprisoned not more than four years, or shall be
imprisoned not more than ten years if the alien is a member of any of
the classes described in paragraph (1)(E), (2), (3), or (4) of section
241(a).".
(b) Reentry .-Section 276(b) of the Immigration and Nationality Act (8
U.S.C. 1326(b)) is amended-
(1) in paragraph (1)-
(A) by inserting after "commission of" the following: "three or more
misdemeanors involving drugs, crimes against the person, or both, or";
and
(B) by striking "5" and inserting "10";
(2) in paragraph (2), by striking "15" and inserting "20"; and
(3) by adding at the end the following sentence:
"For the purposes of this subsection, the term 'deportation' includes
any agreement in which an alien stipulates to deportation during a
criminal trial under either Federal or State law.".
SEC. 130002. CRIMINAL ALIEN TRACKING CENTER.
(a) Operation .-The Attorney General shall, under the authority of
section 242(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C.
1252(a)(3)(A)), operate a criminal alien tracking center.
(b) Authorization of Appropriations .-There are authorized to be
appropriated to carry out this section-
(1) $ 3,400,000 for fiscal year 1996;
(2) $ 3,600,000 for fiscal year 1997;
(3) $ 3,700,000 for fiscal year 1998;
(4) $ 3,800,000 for fiscal year 1999; and
(5) $ 3,900,000 for fiscal year 2000.
SEC. 130003. ALIEN WITNESS COOPERATION AND COUNTERTERRORISM
INFORMATION.
(a) Establishment of New Nonimmigrant Classification .-Section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) is amended-
(1) by striking "or" at the end of subparagraph (Q),
(2) by striking the period at the end of subparagraph (R) and
inserting "; or", and
(3) by adding at the end the following new subparagraph:
"(S) subject to section 214(j), an alien-
"(i) who the Attorney General determines-
"(I) is in possession of critical reliable information concerning a
criminal organization or enterprise;
"(II) is willing to supply or has supplied such information to Federal
or State law enforcement authorities or a Federal or State court; and
"(III) whose presence in the United States the Attorney General
determines is essential to the success of an authorized criminal
investigation or the successful prosecution of an individual involved
in the criminal organization or enterprise; or
"(ii) who the Secretary of State and the Attorney General jointly
determine-
"(I) is in possession of critical reliable information concerning a
terrorist organization, enterprise, or operation;
"(II) is willing to supply or has supplied such information to Federal
law enforcement authorities or a Federal court;
"(III) will be or has been placed in danger as a result of providing
such information; and
"(IV) is eligible to receive a reward under section 36(a) of the State
Department Basic Authorities Act of 1956,
and, if the Attorney General (or with respect to clause (ii), the
Secretary of State and the Attorney General jointly) considers it to
be appropriate, the spouse, married and unmarried sons and daughters,
and parents of an alien described in clause (i) or (ii) if
accompanying, or following to join, the alien.".
(b) Conditions of Entry .-
(1) Waiver of grounds for exclusion .-Section 212(d) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended by
inserting at the beginning the following new paragraph:
"(1) The Attorney General shall determine whether a ground for
exclusion exists with respect to a nonimmigrant described in section
101(a)(15)(S). The Attorney General, in the Attorney General's
discretion, may waive the application of subsection (a) (other than
paragraph (3)(E)) in the case of a nonimmigrant described in section
101(a)(15)(S), if the Attorney General considers it to be in the
national interest to do so. Nothing in this section shall be regarded
as prohibiting the Immigration and Naturalization Service from
instituting deportation proceedings against an alien admitted as a
nonimmigrant under section 101(a)(15)(S) for conduct committed after
the alien's admission into the United States, or for conduct or a
condition that was not disclosed to the Attorney General prior to the
alien's admission as a nonimmigrant under section 101(a)(15)(S).".
(2) Numerical limitations; period of admission; etc .-Section 214 of
the Immigration and Nationality Act (8 U.S.C. 1184) is amended by
adding at the end the following new subsection:
"(j)(1) The number of aliens who may be provided a visa as
nonimmigrants under section 101(a)(15)(S)(i) in any fiscal year may
not exceed 100. The number of aliens who may be provided a visa as
nonimmigrants under section 101(a)(15)(S)(ii) in any fiscal year may
not exceed 25.
"(2) No alien may be admitted into the United States as such a
nonimmigrant more than 5 years after the date of the enactment of this
subsection.
"(3) The period of admission of an alien as such a nonimmigrant may
not exceed 3 years. Such period may not be extended by the Attorney
General.
"(4) As a condition for the admission, and continued stay in lawful
status, of such a nonimmigrant, the nonimmigrant-
"(A) shall report not less often than quarterly to the Attorney
General such information concerning the alien's whereabouts and
activities as the Attorney General may require;
"(B) may not be convicted of any criminal offense punishable by a term
of imprisonment of 1 year or more after the date of such admission;
"(C) must have executed a form that waives the nonimmigrant's right to
contest, other than on the basis of an application for withholding of
deportation, any action for deportation of the alien instituted before
the alien obtains lawful permanent resident status; and
"(D) shall abide by any other condition, limitation, or restriction
imposed by the Attorney General.
"(5) The Attorney General shall submit a report annually to the
Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate concerning-
"(A) the number of such nonimmigrants admitted;
"(B) the number of successful criminal prosecutions or investigations
resulting from cooperation of such aliens;
"(C) the number of terrorist acts prevented or frustrated resulting
from cooperation of such aliens;
"(D) the number of such nonimmigrants whose admission or cooperation
has not resulted in successful criminal prosecution or investigation
or the prevention or frustration of a terrorist act; and
"(E) the number of such nonimmigrants who have failed to report
quarterly (as required under paragraph (4)) or who have been convicted
of crimes in the United States after the date of their admission as
such a nonimmigrant.".
(3) Prohibition of change of status .-Section 248(1) of the
Immigration and Naturalization Act (8 U.S.C. 1258(1)) is amended by
striking "or (K)" and inserting "(K), or (S)".
(c) Adjustment to Permanent Resident Status .-
(1) In general .-Section 245 of the Immigration and Nationality Act (8
U.S.C. 1255) is amended by adding at the end the following new
subsection:
"(i)(1) If, in the opinion of the Attorney General-
"(A) a nonimmigrant admitted into the United States under section
101(a)(15)(S)(i) has supplied information described in subclause (I)
of such section; and
"(B) the provision of such information has substantially contributed
to the success of an authorized criminal investigation or the
prosecution of an individual described in subclause (III) of that
section,
the Attorney General may adjust the status of the alien (and the
spouse, married and unmarried sons and daughters, and parents of the
alien if admitted under that section) to that of an alien lawfully
admitted for permanent residence if the alien is not described in
section 212(a)(3)(E).
"(2) If, in the sole discretion of the Attorney General-
"(A) a nonimmigrant admitted into the United States under section
101(a)(15)(S)(ii) has supplied information described in subclause (I)
of such section, and
"(B) the provision of such information has substantially contributed
to-
"(i) the prevention or frustration of an act of terrorism against a
United States person or United States property, or
"(ii) the success of an authorized criminal investigation of, or the
prosecution of, an individual involved in such an act of terrorism,
and
"(C) the nonimmigrant has received a reward under section 36(a) of the
State Department Basic Authorities Act of 1956,
the Attorney General may adjust the status of the alien (and the
spouse, married and unmarried sons and daughters, and parents of the
alien if admitted under such section) to that of an alien lawfully
admitted for permanent residence if the alien is not described in
section 212(a)(3)(E).
"(3) Upon the approval of adjustment of status under paragraphs (1) or
(2), the Attorney General shall record the alien's lawful admission
for permanent residence as of the date of such approval and the
Secretary of State shall reduce by one the number of visas authorized
to be issued under sections 201(d) and 203(b)(4) for the fiscal year
then current.".
[*H8835]
(2) Exclusive means of adjustment .-Section 245(c) of the Immigration
and Nationality Act (8 U.S.C. 1255(c)) is amended by striking "or"
before "(4)" and by inserting before the period at the end the
following: "; or (5) an alien who was admitted as a nonimmigrant
described in section 101(a)(15)(S)".
(d) Extension of Period of Deportation for Conviction of a Crime
.-Section 241(a)(2)(A)(i)(I) of the Immigration and Nationality Act (8
U.S.C. 1251(a)(2)(A)(i)(I)) is amended by inserting "(or 10 years in
the case of an alien provided lawful permanent resident status under
section 245(i))" after "five years".
SEC. 130004. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO
ARE NOT PERMANENT RESIDENTS.
(a) Elimination of Administrative Hearing for Certain Criminal Aliens
.-Section 242A of the Immigration and Nationality Act (8 U.S.C. 1252a)
is
amended by adding at the end the following new subsection:
"(b) Deportation of Aliens Who Are Not Permanent Residents .-
"(1) The Attorney General may, in the case of an alien described in
paragraph (2), determine the deportability of such alien under section
241(a)(2)(A)(iii) (relating to conviction of an aggravated felony) and
issue an order of deportation pursuant to the procedures set forth in
this subsection or section 242(b).
"(2) An alien is described in this paragraph if the alien-
"(A) was not lawfully admitted for permanent residence at the time at
which proceedings under this section commenced; and
"(B) is not eligible for any relief from deportation under this Act.
"(3) The Attorney General may not execute any order described in
paragraph (1) until 30 calendar days have passed from the date that
such order was issued, unless waived by the alien, in order that the
alien has an opportunity to apply for judicial review under section
106.
"(4) Proceedings before the Attorney General under this subsection
shall be in accordance with such regulations as the Attorney General
shall prescribe. The Attorney General shall provide that-
"(A) the alien is given reasonable notice of the charges and of the
opportunity described in subparagraph (C);
"(B) the alien shall have the privilege of being represented (at no
expense to the government) by such counsel, authorized to practice in
such proccedings, as the alien shall choose;
"(C) the alien has a reasonable opportunity to inspect the evidence
and rebut the charges;
"(D) the determination of deportability is supported by clear,
convincing, and unequivocal evidence and a record is maintained for
judicial review; and
"(E) the final order of deportation is not entered by the same person
who issues the charges.".
(b) Limited Judicial Review .-Section 106 of the Immigration and
Nationality Act (8 U.S.C. 1105a) is amended-
(1) in the first sentence of subsection (a), by inserting "or pursuant
to section 242A" after "under section 242(b)";
(2) in subsection (a)(1) and subsection (a)(3), by inserting
"(including an alien described in section 242A)" after "aggravated
felony"; and
(3) by adding at the end the following new subsection:
"(d)(1) A petition for review or for habeas corpus on behalf of an
alien against whom a final order of deportation has been issued
pursuant to section
242A(b) may challenge only-
"(A) whether the alien is in fact the alien described in the order;
"(B) whether the alien is in fact an alien described in section
242A(b)(2);
"(C) whether the alien has been convicted of an aggravated felony and
such conviction has become final; and
"(D) whether the alien was afforded the procedures required by section
242A(b)(5).
"(2) No court shall have jurisdiction to review any issue other than
an issue described in paragraph (1).".
(c) Technical Amendments .-Section 242A of the Immigration and
Nationality Act (8 U.S.C. 1252a) is amended-
(1) by amending the heading to read as follows:
"EXPEDITED DEPORTATION OF ALIENS CONVICTED OF COMMITTING AGGRAVATED
FELONIES";
(2) in subsection (a), as designated prior to enactment of this Act,
by striking "(a) In General .-" and inserting the following:
"(a) Deportation of Criminal Aliens .-
"(1) in general .-";
(3) in subsection (b), as designated prior to enactment of this Act,
by striking "(b) Implementation .-" and inserting "(2) Implementation
.-";
(4) by striking subsection (c);
(5) in subsection (d)-
(A) by striking "(d) Expedited Proceedings .-(1)" and inserting "(3)
expedited proceedings .-(A)"; and
(B) by striking "(2)" and inserting "(B)"; and
(6) in subsection (e)-
(A) by striking "(e) Review .-(1)" and inserting "(4) review .-(A)";
(B) by striking the second sentence; and
(C) by striking "(2)" and inserting "(B)".
(d) Effective Date .-The amendments made by this section shall apply
to all aliens against whom deportation proceedings are initiated after
the date of enactment of this Act.
SEC. 130005. EXPEDITIOUS DEPORTATION FOR DENIED ASYLUM APPLICANTS.
(a) In General .-The Attorney General may provide for the expeditious
adjudication of asylum claims and the expeditious deportation of
asylum applicants whose applications have been finally denied, unless
the applicant remains in an otherwise valid nonimmigrant status.
(b) Employment Authorization .-Section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) is amended by adding at the end the
following new subsection:
"(e) An applicant for asylum is not entitled to employment
authorization except as may be provided by regulation in the
discretion of the Attorney General.".
(c) Authorization of Appropriations .-There are authorized to be
appropriated to carry out this section-
(1) $ 64,000,000 for fiscal year 1995;
(2) $ 90,000,000 for fiscal year 1996;
(3) $ 93,000,000 for fiscal year 1997; and
(4) $ 91,000,000 for fiscal year 1998.
SEC. 130006. IMPROVING BORDER CONTROLS.
(a) Authorization of Appropriations .-There are authorized to be
appropriated for the Immigration and Naturalization Service to
increase the resources for the Border Patrol, the Inspections Program,
and the Deportation Branch to apprehend illegal aliens who attempt
clandestine entry into the United States or entry into the United
States with fraudulent documents or who remain in the country after
their nonimmigrant visas expire-
(1) $ 228,000,000 for fiscal year 1995;
(2) $ 185,000,000 for fiscal year 1996;
(3) $ 204,000,000 for fiscal year 1997;
(4) $ 58,000,000 for fiscal year 1998.
Of the sums authorized in this section, all necessary funds shall,
subject to the availability of appropriations, be allocated to
increase the number of agent positions (and necessary support
personnel positions) in the Border Patrol by not less than 1,000
full-time equivalent positions in each of fiscal years 1995, 1996,
1997, and 1998 beyond the number funded as of October 1, 1994.
(b) Report .-By September 30, 1996 and September 30, 1998, the
Attorney General shall report to the Congress on the programs
described in this section. The report shall include an evaluation of
the programs, an outcome-based measurement of performance, and an
analysis of the cost effectiveness of the additional resources
provided under this Act.
SEC. 130007. EXPANDED SPECIAL DEPORTATION PROCEEDINGS.
(a) In General .-Subject to the availability of appropriations, the
Attorney General may expand the program authorized by section 242A(d)
and 242(i) of the Immigration and Nationality Act to ensure that such
aliens are immediately deportable upon their release from
incarceration.
(b) Detention and Removal of Criminal Aliens .-Subject to the
availability of appropriations, the Attorney General may-
(1) construct or contract for the construction of 2 Immigration and
Naturalization Service Processing Centers to detain criminal aliens;
and
(2) provide for the detention and removal of such aliens.
(c) Report .-By September 30, 1996, and September 30, 1998 the
Attorney General shall report to the Congress on the programs referred
to in subsections (a) and (b). The report shall include an evaluation
of the programs, an outcome-based measurement of performance, and an
analysis of the cost effectiveness of the additional resources
provided under this Act.
(d) Authorization of Appropriations .-There are authorized to be
appropriated to carry out this section-
(1) $ 55,000,000 for fiscal year 1995;
(2) $ 54,000,000 for fiscal year 1996;
(3) $ 49,000,000 for fiscal year 1997; and
(4) $ 2,000,000 for fiscal year 1998.
SEC. 130008. AUTHORITY TO ACCEPT CERTAIN ASSISTANCE.
(a) In General .-Subject to subsection (b) and notwithstanding any
other provision of law, the Attorney General, in the discretion of the
Attorney General, may accept, hold, administer, and utilize gifts of
property and services (which may not include cash assistance) from
State and local governments for the purpose of assisting the
Immigration and Naturalization Service in the transportation of
deportable aliens who are arrested for misdemeanor or felony crimes
under State or Federal law and who are either unlawfully within the
United States or willing to submit to voluntary departure under
safeguards. Any property acquired pursuant to this section shall be
acquired in the name of the United States.
(b) Limitation .-The Attorney General shall terminate or rescind the
exercise of the authority under subsection (a) if the Attorney General
determines that the exercise of such authority has resulted in
discrimination by law enforcement officials on the basis of race,
color, or national origin.
SEC. 130009. PASSPORT AND VISA OFFENSES PENALTIES IMPROVEMENT.
(a) In General .-Chapter 75 of title 18, United States Code, is
amended-
(1) in section 1541 by striking "not more than $ 500 or imprisoned not
more than one year" and inserting "under this title, imprisoned not
more than 10 years";
(2) in each of sections 1542, 1543, and 1544 by striking "not more
than $ 2,000 or imprisoned not more than five years" and inserting
"under this title, imprisoned not more than 10 years";
(3) in section 1545 by striking "not more than $ 2,000 or imprisoned
not more than three years" and inserting "under this title, imprisoned
not more than 10 years";
(4) in section 1546(a) by striking "five years" and inserting "10
years";
(5) in section 1546(b) by striking "in accordance with this title, or
imprisoned not more than two years" and inserting "under this title,
imprisoned not more than 5 years"; and
(6) by adding at the end the following new section:
" 1547. Alternative imprisonment maximum for certain offenses
"Notwithstanding any other provision of this title, the maximum term
of imprisonment that may be imposed for an offense under this chapter
(other than an offense under section 1545)- [*H8836]
"(1) if committed to facilitate a drug trafficking crime (as defined
in 929(a)) is 15 years; and
"(2) if committed to facilitate an act of international terrorism (as
defined in section 2331) is 20 years.".
(b) Technical Amendment .-The chapter analysis for chapter 75 of title
18, United States Code, is amended by adding at the end the following
new item:
"1547. Alternative imprisonment maximum for certain offenses.".
SEC. 130010. ASYLUM.
(a) Findings .-The Senate finds that-
(1) in the last decade applications for asylum have greatly exceeded
the original 5,000 annual limit provided in the Refugee Act of 1980,
with more than 150,000 asylum applications filed in fiscal year 1993,
and the backlog of cases growing to 340,000;
(2) this flood of asylum claims has swamped the system, creating
delays in the processing of applications of up to several years;
(3) the delay in processing asylum claims due to the overwhelming
numbers has contributed to numerous problems, including-
(A) an abuse of the asylum laws by fraudulent applicants whose primary
interest is obtaining work authority in the United States while their
claim languishes in the backlogged asylum processing system;
(B) the growth of alien smuggling operations, often involving
organized crime;
(C) a drain on limited resources resulting from the high cost of
processing frivolous asylum claims through our multilayered system;
and
(D) an erosion of public support for asylum, which is a treaty
obligation.
(4) asylum, a safe haven protection for aliens abroad who cannot
return home, has been perverted by some aliens who use asylum claims
to circumvent our immigration and refugee laws and procedures; and
(5) a comprehensive revision of our asylum law and procedures is
required to address these problems.
(b) Policy .-It is the sense of the Senate that-
(1) asylum is a process intended to protect aliens in the United
States who cannot safely return home;
(2) persons outside their country of nationality who have a
well-founded fear of persecution if they return should apply for
refugee status at one of our refugee processing offices abroad; and
(3) the immigration, refugee and asylum laws of the United States
should be reformed to provide-
(A) a procedure for the expeditious exclusion of any asylum applicant
who arrives at a port-of-entry with fraudulent documents, or no
documents, and makes a noncredible claim of asylum; and
(B) the immigration, refugee and asylum laws of the United States
should be reformed to provide for a streamlined affirmative asylum
processing system for asylum applicants who make their application
after they have entered the United States.