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104th CONGRESS
1st Session
S. 269

To amend the Immigration and Nationality Act to increase control over
immigration to the United States by increasing border patrol and
investigator personnel; improving the verification system for employer
sanctions; increasing penalties for alien smuggling and for document
fraud; reforming asylum, exclusion, and deportation law and procedures;
instituting a land border user fee; and to reduce use of welfare by
aliens.


__________________________________________________________________ _____


IN THE SENATE OF THE UNITED STATES

January 24 (legislative day, January 10), 1995

Mr. Dole (for Mr. Simpson) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary

__________________________________________________________________ _____

A BILL



To amend the Immigration and Nationality Act to increase control over
immigration to the United States by increasing border patrol and
investigator personnel; improving the verification system for employer
sanctions; increasing penalties for alien smuggling and for document
fraud; reforming asylum, exclusion, and deportation law and procedures;
instituting a land border user fee; and to reduce use of welfare by
aliens.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Immigrant Control and Financial
Responsibility Act of 1995''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--IMMIGRANT CONTROL

Subtitle A--Law Enforcement

Part 1--Additional Enforcement Personnel

Sec. 101. Border Patrol agents.
Sec. 102. Investigators.
Part 2--System To Verify Eligibility To Work and To Receive Public
Assistance

Sec. 111. Establishment of new verification system.
Sec. 112. Demonstration projects.
Sec. 113. Database for verifying employment and public assistance
eligibility.
Part 3--Alien Smuggling

Sec. 121. Wiretap authority for investigations of alien smuggling.
Sec. 122. Adding offenses to RICO relating to alien smuggling or
fraudulent documents.
Sec. 123. Increased criminal penalties for alien smuggling.
Sec. 124. Expanded forfeiture for smuggling or harboring aliens.
Part 4--Document Fraud, Misrepresentation, and Failure To Present
Documents

Sec. 131. Increased criminal penalties for fraudulent use of
government-issued documents.
Sec. 132. New civil penalties for document fraud.
Sec. 133. New civil penalty for failure to present documents.
Sec. 134. New criminal penalties for failure to disclose role as
preparer of false application for asylum
and for preparing certain post-conviction
applications.
Sec. 135. Criminal penalty for false statement in a document required
under the immigration laws or knowingly
presenting document which fails to contain
reasonable basis in law or fact.
Sec. 136. New exclusion for document fraud and for failure to present
documents.
Sec. 137. Limitation on withholding of deportation and other benefits
for aliens excludable for document fraud or
failing to present documents.
Sec. 138. Definition of ``falsely make any document.''
Part 5--Exclusion and Deportation

Sec. 141. Special port-of-entry exclusion procedure for aliens using
documents fraudulently or failing to
present documents, or excludable aliens
apprehended at sea.
Sec. 142. Limited judicial review.
Sec. 143. Reduction of incentive to delay deportation proceedings.
Sec. 144. Civil penalty for failure to depart.
Sec. 145. Authorization of special fund for costs of deportation.
Sec. 146. Reform of deportation proceedings and judicial review.
Sec. 147. Denial of nonimmigrant and immigrant visas for countries
refusing to accept deported aliens.
Sec. 148. Limitation on withholding of deportation for excludable
aliens apprehended at sea.
Part 6--Miscellaneous

Sec. 151. Pilot program on interior repatriation of deportable or
excludable aliens.
Sec. 152. Pilot program on use of closed military bases for the
detention of excludable or deportable
aliens.
Sec. 153. Use of legalization and special agricultural worker
information.
Sec. 154. Communication between Federal, State, and local government
agencies, and the Immigration and
Naturalization Service.
Subtitle B--Other Control Measures

Part 1--Parole Authority

Sec. 161. Useable only on a case-by-case basis for humanitarian reasons
or significant public benefit.
Sec. 162. Inclusion in world-wide level of family-sponsored immigrants.
Part 2--Asylum and Refugees

Sec. 171. Limitations on asylum applications by aliens using documents
fraudulently or by excludable aliens
apprehended at sea; use of special
exclusion procedures.
Sec. 172. Limitation on work authorization for asylum applicants.
Sec. 173. Increased resources for reducing asylum application backlogs.
Sec. 174. Requirement of Congressional approval for admission of more
than 50,000 refugees in a fiscal year.
Part 3--Cuban Adjustment Act

Sec. 181. Repeal.
Subtitle C--Effective Dates

Sec. 191. Effective dates.
TITLE II--FINANCIAL RESPONSIBILITY

Part 1--Receipt of Certain Public Benefits

Sec. 201. Ineligibility of excludable, deportable, and nonimmigrant
aliens.
Sec. 202. Attribution of sponsor's income and resources to family-
sponsored immigrants.
Sec. 203. Definition of ``public charge'' for purposes of deportation.
Sec. 204. Requirements for sponsor's affidavit of support.
Part 2--Border Crossing Fee

Sec. 211. Imposition of fee; use of collected fees.
Sec. 212. Pilot program.
Part 3--Effective Dates

Sec. 221. Effective dates.

TITLE I--IMMIGRANT CONTROL

Subtitle A--Law Enforcement

PART 1--ADDITIONAL ENFORCEMENT PERSONNEL

SEC. 101. BORDER PATROL AGENTS.

There are authorized to be appropriated to the Department of
Justice such funds as may be necessary to enable the Border Patrol to
increase the number of its agents and support personnel by 250 for each
fiscal year beginning with the fiscal year 1995 and ending with the
fiscal year 2000.

SEC. 102. INVESTIGATORS.

(a) Authorization.--There are authorized to be appropriated to the
Department of Justice such funds as may be necessary to enable the
Commissioner of the Immigration and Naturalization Service in fiscal
year 1995 to increase the number of investigators and support personnel
to investigate potential violations of sections 274 and 274A of the
Immigration and Nationality Act by 100.
(b) Limitation on Overtime.--None of the funds made available to
the Immigration and Naturalization Service under this section shall be
available for administrative expenses to pay any employee overtime pay
in an amount in excess of $25,000 for any fiscal year.

PART 2--SYSTEM TO VERIFY ELIGIBILITY TO WORK AND TO RECEIVE PUBLIC
ASSISTANCE

SEC. 111. ESTABLISHMENT OF NEW VERIFICATION SYSTEM.

(a) In General.--Within eight years of the enactment of this Act,
the Attorney General, together with the Secretary of Health and Human
Services, shall develop and implement, subject to subsection (b), a
system to verify eligibility for employment in the United States, and
eligibility for benefits under government-funded programs of public
assistance.
(b) System Requirements.--No verification system may be implemented
which does not meet the following requirements:
(1) The system shall be capable of reliably determining
whether--
(A) the person with the identity claimed by the
individual whose eligibility is being verified is in
fact eligible, and
(B) the individual whose eligibility is being
verified is claiming the identity of another person.
(2) If the system requires that document be presented to or
examined by either an employer or a public assistance
administrator, as the case may be, then the document--
(A) shall be in a form that is resistant to
counterfeiting and to tampering; and
(B) shall not be required by any government entity
or agency as a national identification card or to be
carried or presented except--
(i) to verify eligibility for employment in
the United States or eligibility for benefits
under a Government-funded program of public
assistance,
(ii) to enforce sections 1001, 1028, 1546,
or 1621 of title 18 of the United States Code,
or
(iii) if the document was designed for
another purpose (such as a license to drive a
motor vehicle, a certificate of birth, or a
social security account number card issued by
the Social Security Administration), as
required under law for such other purpose.
(3) The system shall not be used for law enforcement
purposes other than to enforce the Immigration and Nationality
Act; sections 1001, 1028, 1542, 1546, or 1621 of title 18 of
the United States Code; Federal, State, or local laws
pertaining to eligibility Government-funded benefits described
in section 201 of this Act; or to enforce laws relating to any
document used by the system which was designed for another
purpose (such as a license to drive a motor vehicle, a
certificate of birth, or a social security account number card
issued by the Social Security Administration).
(4) The privacy and security of personal information and
identifiers obtained for and utilized in the system must be
protected in accordance with industry standards for privacy and
security of confidential information. No personal information
obtained from the system may be made available to any person
except to the extent necessary to the lawful operation of the
system.
(5) A verification that a person is eligible for employment
in the United States, or for benefits under a Government-funded
program of public assistance, may not be withheld or revoked
under the system for any reason other than the person is
ineligible under the applicable law or regulation.
(c) Employer Sanctions.--An employer shall not be liable for any
penalty under section 274A of the Immigration and Nationality Act for
employing an alien, if--
(1) the alien appeared throughout the term of employment to
be prima facie eligible for the employment (under the
requirements of section 274A(b) of such Act);
(2) the employer followed all procedures required in the
verification system established in section 111 of this Act; and
(3) (i) the alien was verified under such system as
eligible for the employment; or
(ii) a secondary verification procedure (as described in
section 113(d) of this Act) was conducted with respect to the
alien and the employer discharged the alien promptly after
receiving notice that the secondary verification procedure had
failed to verify that the alien was eligible for the
employment.
(d) Restriction on Use of Documents.--If the Attorney General
finds, by regulation, that one (or more) of the documents described in
section 274A(b)(1) of the Immigration and Nationality Act as
establishing employment authorization or identity does not reliably
establish the same or is being used fraudulently to an unacceptable
degree, the Attorney General may prohibit or place conditions on its
(or their) use for purposes of the verification system established in
section 274A(b) of the Immigration and Nationality Act or in this
section.

SEC. 112. DEMONSTRATION PROJECTS.

(a) In General.--(1) The President, acting through the Attorney
General, shall begin conducting projects in five States demonstrating
the feasibility of systems to verify eligibility for employment in the
United States, and for benefits under Government-funded programs of
public assistance. Each project shall be consistent with subsection (b)
of section 111 of this Act and shall be conducted for a period of three
years in accordance with an agreement entered into with the respective
State. In determining which five States shall be designated for such
projects, the Attorney General shall take into account the estimated
number of excludable aliens and deportable aliens in each State.
(2) Demonstration projects not using the Database for
Verifying Employment and Public Assistance Eligibility
established in section 113 of this Act must be started within
six months of the date of enactment of this Act.
(3) Demonstration projects using such Database must be
implemented within six months of the establishment of such
Database.
(b) Additional Projects.--(1) The President is authorized to renew
agreements for demonstration projects, consistent with subsection (b)
of section 111 of this Act. Each project conducted under such renewal
agreement shall be completed within three years of the report required
in subsection (f)(1).
(2) After the report required in subsection (f)(1), the President
is authorized to enter into additional agreements for demonstration
projects, consistent with subsection (b) of section 111 of this Act.
Each project conducted under such agreement shall be completed within
three years of such report.
(c) Nationwide Project.--Effective sixty days after submission of
the report described in subsection (f)(1), and notwithstanding section
274A(d)(3) of the Immigration and Nationality Act, the President is
authorized, subject to subsection (b) of section 401 of this Act, to
implement one or more of the demonstration projects, in whole or in
part, singly or in combination, as a nationwide demonstration project,
to be completed within 3 years of the report required in subsection
(f)(1).
(d) Congressional Consultation.--The Attorney General shall consult
with the Committees on the Judiciary of the House of Representatives
and the Senate not less than every six months from the date of
enactment of this Act on the progress made in developing demonstration
projects under this section.
(e) Implementation.--In carrying the projects described in
subsection (a), the President--
(1) shall support the efforts of Federal and State
government agencies in developing (A) tamper and counterfeit-
resistant documents that may be used in the new verification
system, including drivers' licenses or similar documents issued
by a State for the purpose of identification, the Social
Security account number card issued by the Social Security
Administration, and certificates of birth in the United States
or establishing United States nationality at birth, and (B)
recordkeeping systems that would reduce the fraudulent
obtaining of such documents, including a nationwide system to
match birth and death records; and
(2) shall, for one or more of such projects, utilize the
Database for Verifying Employment and Public Assistance
Eligibility established in section 113 of this Act.
(f) Reports.--(1) Within thirty-eight months of the commencement of
the latest-to-begin of the demonstration projects conducted pursuant to
subsection (a) which utilizes the Database for Verifying Employment and
Public Assistance Eligibility established in section 113 of this Act,
the President shall submit a report to Congress--
(A) describing the verification system the President
recommends for permanent nationwide implementation; or
(B) recommending that certain of the demonstration projects
be renewed for up to three years, or that additional projects
be established in one or more of the same or additional States
for up to three years.
(2) If any demonstration projects are completed after the report
required in subsection (f)(1), the President shall submit a report to
Congress within sixty days of the completion of the last such project,
describing the verification system the President recommends for
permanent nationwide implementation.
(g) Authorization of Appropriation.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.

SEC. 113. DATABASE FOR VERIFYING EMPLOYMENT AND PUBLIC ASSISTANCE
ELIGIBILITY.

(a) Establishment.--(1) Within twelve months of the date of
enactment of this Act, the Attorney General shall establish the
Database for Employment Authorization Verification (referred to in this
section as the ``Database'') containing information from the
Immigration and Naturalization Service and the Social Security
Administration necessary to determine the work authorization of
individuals residing in the United States.
(2) The Database may be used with demonstration projects carried
out under section 112 of this Act and with any permanent system to
verify eligibility for employment in the United States or for benefits
under any program referred to in section 201 of this Act.
(b) Limitation on Data Use.--Any personal information contained in
the Database may not be made available to any Government agency,
employer, or other person except--
(1) to determine eligibility for employment in the United
States or for benefits under any Government-funded program of
public assistance; or
(2) to enforce the Immigration and Nationality Act or
section 1001, 1028, 1542, 1546, or 1621 of title 18, United
States Code.
(c) Office of Employment and Public Assistance Eligibility
Verification.--(1) There is established within the Department of
Justice the Office of Employment and Public Assistance Eligibility
Verification (in this section referred to as the ``Office'') which
shall be responsible for collecting and integrating the information
necessary for the Database and for the administration of the Database.
(2) For the purpose of establishing the Database, the Office shall
contract, to the extent practicable and subject to the availability of
appropriations, with computer services specialists having demonstrated
expertise in establishment of confidential data systems and protection
of privacy of individuals with respect to whom data is being collected.
(d) Secondary Verification.--(1) The Administrator of Social
Security and the Commissioner of Immigration and Naturalization shall
establish procedures for prompt secondary verification of information
in the Database when necessary due to inability of the Database to
verify an individual's eligibility for employment in the United States
or for benefits under a Government-funded program of public assistance.
(2) When an individual's assistance is required for the completion
of such secondary verification, the individual shall be promptly
notified.
(e) Data Reliability.--(1) The Administrator of the Office shall
take all necessary steps to ensure that the information in the Database
is complete, accurate, verifiable, and revised within a period of ten
business days after acquisition of new or updated information provided
by the Immigration and Naturalization Service or the Social Security
Administration.
(2) The Administrator of Social Security and the Commissioner of
Immigration and Naturalization Service shall provide such new or
updated information to the Office within ten business days after
acquisition by those agencies.
(f) Privacy and Civil Liberties Protections.--(1) The privacy and
security of personal information and identifiers obtained for and
utilized in the Database must be protected in accordance with industry
standards for privacy and security of confidential information.
(2) No personal information collected pursuant to this section may
be made available to any person except to the extent necessary--
(i) to establish or operate the verification system
established in section 111 of this Act or section 274A(b) of
the Immigration and Nationality Act,
(ii) to administer the Social Security Act, or
(iii) to enforce the Immigration and Nationality Act or
section 1001, 1028, 1542, 1546, or 1621 of title 18 of the
Untied States Code.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
(h) Certification and Reports.--(1) The Attorney General shall
certify to the Congress when the Database is established and shall
cause such certification to be published in the Federal Register with a
sixty-day public comment period.
(2) Not later than three months after the date of the certification
under paragraph (1), the Comptroller General of the United States shall
submit a report to Congress on the reliability of the Database.
(3) Not later than six months after the implementation of the
Database the Attorney General and the Secretary of Health and Human
Services shall report to the committees on the Judiciary of the House
of Representatives and the Senate on the feasibility and desirability
of utilizing the Database for the purposes set forth in section 121(a)
of the Immigration Reform and Control Act of 1986.

PART 3--ALIEN SMUGGLING

SEC. 121. WIRETAP AUTHORITY FOR INVESTIGATIONS OF ALIEN SMUGGLING.

Section 2516(1) of title 18, United States Code, is amended--
(1) in paragraph (c), by inserting after ``trains)'' the
following: ``, or a felony violation of section 1028 (relating
to production of false identification documentation), section
1542 (relating to false statements in passport applications),
section 1546 (relating to fraud and misuse of visas, permits,
and other documents)'';
(2) by striking ``or'' after paragraph (l);
(3) by redesignating paragraphs (m), (n), and (o) as
paragraphs (n), (o), and (p), respectively; and
(4) by inserting after paragraph (1) the following new
paragraph:
``(m) a violation of section 274, 277, or 278 of the Immigration
and Nationality Act (relating to the smuggling of aliens);''.

SEC. 122. ADDING OFFENSES TO RICO RELATING TO ALIEN SMUGGLING OR
FRAUDULENT DOCUMENTS.

Section 1961(1) of title 18, United States Code, is amended--
(1) by striking ``or'' after ``law of the United States,'';
(2) by inserting ``or'' at the end of clause (E); and
(3) by adding at the end the following:
``(F) any act in violation of section 1028, 1542,
or 1546 of this title for personal financial gain and
section 274, 277, or 278 of the Immigration and
Nationality Act.''.

SEC. 123. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.

(a) In General.--Section 274(a) of the Immigration and Nationality
Act (8 U.S.C. 1324(a)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``or'' at the end of clause (iii);
(B) by striking the comma at the end of clause (iv)
and inserting ``; or''; and
(C) by adding at the end the following new clause:
``(v)(I) engages in any conspiracy to
commit any of the preceding acts, or
``(II) aids or abets the commission of any
of the preceding acts,'';
(2) in paragraph (1)(B)--
(A) in clause (i), by inserting ``or (v)(I)'' after
``(A)(i)'';
(B) in clause (ii), by striking ``or (iv)'' and
inserting ``(iv), or (v)(II)'';
(C) in clause (iii), by striking ``or (iv)'' and
inserting ``(iv), or (v)''; and
(D) in clause (iv), by striking ``or (iv)'' and
inserting ``(iv), or (v)''; and
(3) by adding at the end the following new paragraph:
``(3) Any person who hires for employment an alien--
``(A) knowing that such alien is an unauthorized
alien (as defined in section 274A(h)(3)), and
``(B) knowing that such alien has been brought into
the United States in violation of this subsection,
shall be fined under title 18, United States Code, and
shall be imprisoned for not less than 2 years or more
than 5 years.''.
(b) Smuggling of Aliens Who Will Commit Crimes.--Section 274(a)(2)
of the Immigration and Nationality Act (8 U.S.C. 1324(a)(2)) is
amended--
(1) in subparagraph (B)--
(A) by striking ``or'' at the end of clause (ii);
(B) by redesignating clause (iii) as clause (iv);
and
(C) by inserting after clause (ii) the following:
``(iii) an offense committed with the
intent or with reason to believe that the alien
unlawfully brought into the United States will
commit an offense against the United States or
any State punishable by imprisonment for more
than 1 year,''; and
(2) at the end thereof, by striking ``be fined'' and all
that follows through the period and inserting the following:
``be fined under title 18, United States Code, and shall be
imprisoned not less than 3 years or more than 10 years.''.

SEC. 124. EXPANDED FORFEITURE FOR SMUGGLING OR HARBORING ALIENS.

Section 274 of the Immigration and Nationality Act (8 U.S.C.
1324(b)) is amended--
(1) by amending subsection (b)(1) to read as follows:
``(b) Seizure and Forfeiture.--(1) Any property, real or personal,
which facilitates or is intended to facilitate, or has been used in or
is intended to be used in the commission of, a violation of subsection
(a) or of section 274A(a)(1) or 274A(a)(2), or which constitutes, or is
derived from or traceable to, the proceeds obtained directly or
indirectly from a commission of a violation of subsection (a) or of
section 274A(a)(1) or 274A(a)(2), shall be subject to seizure and
forfeiture, except that--
``(A) no property used by any person as a common carrier in
the transaction of business as a common carrier shall be
forfeited under the provisions of this section unless it shall
appear that the owner or other person in charge of such
property was a consenting party or privy to the unlawful act;
``(B) no property shall be forfeited under the provisions
of this section by reason of any act or omission established by
the owner thereof to have been committed or omitted by any
person other than such owner while such property was unlawfully
in the possession of a person other than the owner in violation
of the criminal laws of the United States or of any State; and
``(C) no property shall be forfeited under this paragraph
to the extent of an interest of any owner, by reason of any act
or omission established by that owner to have been committed or
omitted without the knowledge or consent of the owner, unless
such action or omission was committed by an employee or agent
of the owner, and facilitated or was intended to facilitate, or
was used in or intended to be used in, the commission of a
violation of subsection (a) or of section 274A(a)(1) or
274A(a)(2) which was committed by the owner or which was
intended to further the business interests of the owner, or to
confer any other benefit upon the owner.'';
(2) in paragraph (2)--
(A) by striking ``conveyance'' both places it
appears and inserting ``property''; and
(B) by striking ``is being used in'' and inserting
``is being used in, is facilitating, has facilitated,
or was intended to facilitate'';
(3) in paragraph (3)--
(A) by inserting ``(A)'' immediately after ``(3)'',
and
(B) by adding at the end the following:
``(B) Before the seizure of any real property pursuant to
this section, the Attorney General shall provide notice and an
opportunity to be heard to the owner of the property. The
Attorney General shall prescribe such regulations as may be
necessary to carry out this subparagraph.'';
(4) in paragraphs (4) and (5) by striking ``a conveyance''
and ``conveyance'' each place such phrase or word appears and
inserting ``property''; and
(5) in paragraph (4) by--
(A) striking ``or'' at the end of subparagraph (C),
(B) by striking the period at the end of
subparagraph (D) and inserting ``; or'', and
(C) by inserting at the end the following new
subparagraph:
``(E) transfer custody and ownership of forfeited
property to any Federal, State, or local agency
pursuant to section 616(c) of the Tariff Act of 1930
(19 U.S.C. 1616a(c)).''.

PART 4--DOCUMENT FRAUD, MISREPRESENTATION, AND FAILURE TO PRESENT
DOCUMENTS

SEC. 131. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF
GOVERNMENT-ISSUED DOCUMENTS.

(a) Fraud and Misuse of Government-Issued Identification
Documents.--Section 1028(b)(1) of title 18, United States Code, is
amended by striking ``five years'' and inserting ``10 years''.
(b) Changes to the Sentencing Levels.--Pursuant to section 944 of
title 28, United States Code, and section 21 of the Sentencing Act of
1987, the United States Sentencing Commission shall promulgate
guidelines, or amend existing guidelines, relating to defendants
convicted of violating, or conspiring to violate, sections 1546(a) and
1028(a) of title 18, United States Code. The basic offense level under
section 2L2.1 of the United States Sentencing Guidelines shall be
increased to--
(1) not less than offense level 15 if the offense involved
100 or more documents;
(2) not less than offense level 20 if the offense involved
1,000 or more documents, or if the documents were used to
facilitate any other criminal activity described in section
212(a)(2)(A)(i)(II) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(A)(i)(II)) or in section 101(a)(43) of such Act,
as amended by this Act; and
(3) not less than offense level 25 if the offense
involved--
(A) the provision of documents to a person known or
suspected of engaging in a terrorist activity (as such
terms are defined in section 212(a)(3)(B) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B));
(B) the provision of documents to facilitate a
terrorist activity or to assist a person to engage in
terrorist activity (as such terms are defined in
section 212(a)(3)(B) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)(B)); or
(C) the provision of documents to persons involved
in racketeering enterprises (as such acts or activities
are defined in section 1952 of title 18, United States
Code).

SEC. 132. NEW CIVIL PENALTIES FOR DOCUMENT FRAUD.

(a) Activities Prohibited.--Section 274C(a) of the Immigration and
Nationality Act (8 U.S.C. 1324c(a)) is amended--
(1) by striking ``or'' at the end of paragraph (3);
(2) by striking the period and inserting ``, or'' at the
end of paragraph (4); and
(3) by adding at the end the following new paragraph:
``(5) in reckless disregard of the fact that the
information is false or does not relate to the applicant, to
prepare, to file, or to assist another in preparing or filing,
documents which are falsely made (including but not limited to
documents which contain false information, contain material
misrepresentations, or information which does not relate to the
applicant) for the purpose of satisfying a requirement of this
Act.''.
(b) Conforming Amendments for Civil Penalties.--Section 274C(d)(3)
of the Immigration and Nationality Act (8 U.S.C. 1324c(d)(3)) is
amended by striking ``each document used, accepted, or created and each
instance of use, acceptance, or creation'' each of the two places it
appears and inserting ``each instance of a violation under subsection
(a)''.

SEC. 133. NEW CIVIL PENALTY FOR FAILURE TO PRESENT DOCUMENTS.

Section 274C(a) (8 U.S.C. 1324c(a)), as amended by section 132 of
this Act, is further amended--
(1) by striking ``or'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(6) to present before boarding a common carrier for the
purpose of coming to the United States a document which relates
to the alien's eligibility to enter the United States and to
fail to present such document to an immigration officer upon
arrival at a United States port of entry.
The Attorney General may, in his or her discretion, waive the penalties
of this section with respect to an alien who knowingly violates
paragraph (6) if the alien is granted asylum under section 208 or
withholding of deportation under section 243(h).''.

SEC. 134. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE AS
PREPARER OF FALSE APPLICATION FOR ASYLUM AND FOR
PREPARING CERTAIN POST-CONVICTION APPLICATIONS.

Section 274C of the Immigration and Nationality Act (8 U.S.C.
1324c) is amended by adding at the end the following new subsection:
``(e) Criminal Penalties for Failure To Disclose Role as Document
Preparer.--(1) Whoever, in any matter within the jurisdiction of the
Service under section 208 of this Act, knowingly and willfully fails to
disclose, conceals, or covers up the fact that they have, on behalf of
any person and for a fee or other remuneration, prepared or assisted in
preparing an application which was falsely made (as defined in section
274C(a)) for immigration benefits pursuant to section 208 of this Act,
or the regulations promulgated thereunder, shall be guilty of a felony
and shall be fined in accordance with title 18, United States Code,
imprisoned for not less than 2 nor more than 5 years, or both, and
prohibited from preparing or assisting in preparing, regardless of
whether for a fee or other remuneration, any other such application.
``(2) Whoever, having been convicted of a violation of section
274C(e) of the Immigration and Nationality Act, knowingly and willfully
prepares or assists in preparing an application for immigration
benefits pursuant to this Act, or the regulations promulgated
thereunder, regardless of whether for a fee or other remuneration and
regardless of whether in any matter within the jurisdiction of the
Service under section 208 of this Act, shall be guilty of a felony and
shall be fined in accordance with title 18, United States Code,
imprisoned for not less than 5 years or more than 15 years, or both,
and prohibited from preparing or assisting in preparing any other such
application.''.

SEC. 135. CRIMINAL PENALTY FOR FALSE STATEMENT IN A DOCUMENT REQUIRED
UNDER THE IMMIGRATION LAWS OR KNOWINGLY PRESENTING
DOCUMENT WHICH FAILS TO CONTAIN REASONABLE BASIS IN LAW
OR FACT.

The fourth paragraph of section 1546(a) of title 18, United States
Code, is amended to read as follows:
``Whoever knowingly makes under oath, or as permitted under penalty
of perjury under section 1746 of title 28, United States Code,
knowingly subscribes as true, any false statement with respect to a
material fact in any application, affidavit, or other document required
by the immigration laws or regulations prescribed thereunder, or
knowingly presents any such application, affidavit, or other document
which contains any such false statement or which fails to contain any
reasonable basis in law or fact--''.

SEC. 136. NEW EXCLUSION FOR DOCUMENT FRAUD AND FOR FAILURE TO PRESENT
DOCUMENTS.

Section 212(a)(6)(C) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(C)) is amended--
(1) by striking ``(C) Misrepresentation'' and inserting the
following:
``(C) Fraud, misrepresentation, and failure to
present documents''; and
(2) by adding at the end the following new clause:
``(iii) Fraud, misrepresentation, and
failure to present documents.--
``(I) Any alien who, in seeking
entry to the United States or boarding
a common carrier for the purpose of
coming to the United States, presents
any document which, in the
determination of the immigration
officer, is forged, counterfeit,
altered, falsely made, stolen, or
inapplicable to the person presenting
the document, or otherwise contains a
misrepresentation of a material fact,
is excludable.
``(II) Any alien who is required to
present a document relating to the
alien's eligibility to enter the United
States prior to boarding a common
carrier for the purpose of coming to
the United States and who fails to
present such document to an immigration
officer upon arrival at a port of entry
into the United States is
excludable.''.

SEC. 137. LIMITATION ON WITHHOLDING OF DEPORTATION AND OTHER BENEFITS
FOR ALIENS EXCLUDABLE FOR DOCUMENT FRAUD OR FAILING TO
PRESENT DOCUMENTS.

(a) Section 235 of the Immigration and Nationality Act (8 U.S.C.
1225) is amended by adding at the end the following new subsection:
``(d)(1) Subject to paragraph (2), any alien who has not been
admitted to the United States, and who is excludable under section
212(a)(6)(C)(iii), is ineligible for withholding of deportation
pursuant to section 243(h), and may not apply therefor or for any other
relief under this Act, except that an alien found to have a credible
fear of persecution or of return to persecution in accordance with
section 208(e) shall be taken before a special inquiry officer for
exclusion proceedings in accordance with section 236 and may apply for
asylum, withholding of deportation, or both, in the course of such
proceedings.
``(2) An alien described in paragraph (1) who has been found
ineligible to apply for asylum under section 208(e) may be returned
under the provisions of this section only to a country in which (or
from which) he or she has no credible fear of persecution (or of return
to persecution). If there is no country to which the alien can be
returned in accordance with the provisions of this paragraph, the alien
shall be taken before a special inquiry officer for exclusion
proceedings in accordance with section 236 and may apply for asylum,
withholding of deportation, or both, in the course of such proceedings.
(b) Section 237(a) of the Immigration and Nationality Act (8 U.S.C.
1227(a)) is amended--
(1) in the second sentence of paragraph (1) by striking
``Deportation'' and inserting ``Subject to section 235(d)(2),
deportation''; and
(2) in the first sentence of paragraph (2) by striking
``If'' and inserting ``Subject to section 235(d)(2), if''.

SEC. 138. DEFINITION OF ``FALSELY MAKE ANY DOCUMENT''.

Section 274C(a) of the Immigration and Nationality Act (8 U.S.C.
1324c), as amended by sections 132 and 133 of this Act, is further
amended by inserting at the end the following new sentence: ``For the
purposes of this subsection, the phrase `falsely make any document'
includes the preparation or provision of any application for benefits
under this Act, with knowledge or in reckless disregard of the fact
that such application contains a false, fictitious, or fraudulent
statement or material representation, or has no basis in law or fact,
or otherwise fails to state a fact pertaining to the applicant which is
material to whether the application should be approved.''.

PART 5--EXCLUSION AND DEPORTATION

SEC. 141. SPECIAL PORT-OF-ENTRY EXCLUSION PROCEDURE FOR ALIENS USING
DOCUMENTS FRAUDULENTLY OR FAILING TO PRESENT DOCUMENTS,
OR EXCLUDABLE ALIENS APPREHENDED AT SEA.

Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225),
as amended by sections 137 and 148 of this Act, is further amended by
adding at the end the following new subsection:
``(e)(1)(A) Subject to paragraph (d)(2), any alien (including an
alien crewman) who may appear to the examining immigration officer or
to the special inquiry officer during the examination before either of
such officers to be excludable under section 212(a)(6)(C)(iii) of the
Immigration and Nationality Act may be ordered specially excluded and
deported by the Attorney General, either by a special inquiry officer
or otherwise; or
``(B) Subject to paragraph (d)(2), any alien (including an alien
crewman) who was brought to the United States in the manner described
in subsection (d)(3) and who may appear to an examining immigration
officer to be excludable may be ordered specially excluded and deported
by the Attorney General without any further inquiry, either by a
special inquiry officer or otherwise.
``(2) Such special exclusion order is not subject to administrative
appeal, except that the Attorney General shall provide by regulation
for prompt review of such an order against an applicant who claims
under oath, or as permitted under penalty of perjury under section 1746
of title 28, United States Code, after having been warned of the
penalties for falsely making such claim under such conditions, to have
been lawfully admitted for permanent residence.
``(3) A special exclusion order entered in accordance with the
provisions of this subsection shall have the same effect as if the
alien had been ordered excluded and deported pursuant to section 236,
except that judicial review of such an order shall be available only
under section 106.
``(4) Nothing in this subsection shall be regarded as requiring an
inquiry before a special inquiry officer in the case of an alien
crewman.''.

SEC. 142. LIMITED JUDICIAL REVIEW.

(a) Preclusion of Judicial Review.--Section 106 of the Immigration
and Nationality Act (8 U.S.C. 1105a) is amended--
(1) by amending the section heading to read as follows:
``judicial review of orders of deportation and exclusion, and
special exclusion''; and
(2) by adding at the end the following new subsection:
``(d)(1) Notwithstanding any other provision of law, and except as
provided in this subsection, no court shall have jurisdiction to review
any individual determination, or to entertain any other cause or claim,
arising from or relating to the implementation or operation of sections
208(e), 212(a)(6)(C)(iii), 235(d), and 235(e). Regardless of the nature
of the action or claim, or the party or parties bringing the action, no
court shall have jurisdiction or authority to enter declaratory,
injunctive, or other equitable relief not specifically authorized in
this subsection, nor to certify a class under Rule 23 of the Federal
Rules of Civil Procedure.
``(2) Judicial review of any cause, claim, or individual
determination covered under paragraph (d)(1) shall only be available in
habeas corpus proceedings, and shall be limited to determinations of--
``(A) whether the petitioner is an alien, if the petitioner
makes a showing that his or her claim of United States
nationality is not frivolous;
``(B) whether the petitioner was ordered specially
excluded; and
``(C) whether the petitioner can prove by a preponderance
of the evidence that he or she is an alien lawfully admitted
for permanent residence and is entitled to such further inquiry
as is prescribed by the Attorney General pursuant to section
235(e)(2).
``(3) In any case where the court determines that an alien was not
ordered specially excluded, or was not properly subject to special
exclusion under the regulations adopted by the Attorney General, the
court may order no relief beyond requiring that the alien receive a
hearing in accordance with section 236, or a determination in
accordance with section 235(c) or 273(d). Any alien excludable under
section 212(a)(6)(C)(iii) who receives a hearing under section 236,
whether by order of court or otherwise, may thereafter obtain judicial
review of any resulting final order of exclusion pursuant to subsection
(b).
``(4) In determining whether an alien has been ordered specially
excluded, the court's inquiry shall be limited to whether such an order
was in fact issued and whether it relates to the petitioner. There
shall be no review of whether the alien is actually excludable under
section 212(a)(6)(C)(iii) or entitled to any relief from exclusion.''.
(b) Preclusion of Collateral Attacks.--Section 235 of the
Immigration and Nationality Act (8 U.S.C. 1225), as amended by sections
137, 141, and 148 of this Act, is further amended by adding at the end
the following new subsection:

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