Speech #1040056650

increases the penalties for passport and visa fraud to up to 10 years imprisonment in most cases. and changes prior law by eliminating the option for fines instead of imprisonment and increasing the maximum number of years in prison. Sec. 105. Pilot program on interior repatriation of deportable or excludable aliens. This section permits the Attorney General to establish a pilot program for deportation of persons to the interior. rather than the border area. of a contiguous country. It mandates a report to Congress not later than 3 years after initiation of any pilot program. Sec. 106. Special exclusion in extraordinary migration situations. This section will aid with border control by allowing aliens to be excluded from entering the United States during extraordinary migration situations or when the aliens are arriving on board smuggling vessels. Persons with a credible fear of persecution in their countries of nationality will be allowed to enter the United States to apply for asylum. Section 106(a) amends section 235 of the Immigration and Nationality Act (INA) to clarify that an alien in exclusion proceedings who has arrived from a foreign contiguous country may be returned to that country while the proceedings are pending. Section 106(b) amends section 235 of the INA. relating to inspection requirements. by adding two new subsections. 235(d) and 235(e). New subsection (d) allows the Attorney General to order an alien excluded and deported without a hearing before an immigration judge. This authority may be exercised when the Attorney General declares an extraordinary migration situation to exist (because of the number of aliens en route to or arriving in the United States. including by aircraft) or when aliens are brought to the United States or arrive in the United States on board a smuggling vessel. (This language Is virtually identical to that passed by the full Senate Judiciary Committee In August 1994 as a substitute for the general expedited exclusion authority proposed in S. 1333.) A person will not be subject to expedited exclusion if he or she claims asylum and establishes a credible fear of persecution in his or her country of nationality. However. a person may be returned to a third country in which he or she has no credible fear of persecution or of return to persecution. There is no administrative review of an order of special exclusion except for persons previously admitted to the United States as lawful permanent residents. Asylum denials would be reviewable by an asylum officer. but there is no judicial review of the asylum denial. (See section 308. below. for amendments to the judicial review provisions of the INA. which limit judicial review of a special exclusion order to certain issues through habeas proceedings. New subsection 235(e) provides that a person may not attack prior orders of deportation as a defense against penalties for illegal reentries. Sec. 107. Immigration emergency provisions. Section 107(a) amends section 404(b) of the INA to permit reimbursement of other Federal agencies. as well as the States. ofit of the immigration emergency fund. Reimbursements could be made to other countries for repatriation expenses without the requirements that the President declare an immigration emergency. Section 107(b) amends 50 U.S.C. 191 (Magnuson Act) to permit the control and seizure of vessels when the Attorney General determines that urgent circumstances exist due to a mass migration of aliens. Section 107(c) amends section 101(a) of the INA by authorizing the Attorney General to designate local enforcement officers to enforce the immigration laws when the Attorney General determines that an actual or imminent mass migration of aliens present urgent circumstances. Sec. 108. Commuter land pilot programs. To facilitate border management. this section amends section 286(q) of the INA and the 1994 Department of Justice Appropriations Act to permit expansion of commuter lane pilot programs at land borders. It also amends the 1994 Justice Appropriations Act to allow the Immigration and Naturalization Service (INS) to establish these projects on the Northern. as well as the Southern. border.