File H560

FILE h560.ih

104th CONGRESS

1st Session

To reform the immigration laws of the United States.

IN THE HOUSE OF REPRESENTATIVES

January 18, 1995

Mr. Gallegly introduced the following bill; which was referred to

the Committee on the Judiciary and, in addition, to the

Committees on Economic and Educational Opportunities,

International Relations, Government Reform and Oversight, Ways

and Means, Agriculture, and Banking and Financial Services, for

a period to be subsequently determined by the Speaker, in each

case for consideration of such provisions as fall within the

jurisdiction of the committee concerned

A BILL

To reform the immigration laws of the United States.

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 `Immigration Reform Act of 1995'.

SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I--IMMIGRATION AND LAW ENFORCEMENT

Sec. 101. Increased personnel levels of the border patrol.

Sec. 102. Increased funding for the border patrol.

Sec. 103. Inservice training for the border patrol.

Sec. 104. Increase in I.N.S. support personnel.

Sec. 105. Strengthened enforcement of wage and hour laws.

Sec. 106. Strengthened enforcement of the employer sanctions

provisions.

Sec. 107. Increased number of assistant United States attorneys.

Sec. 108. Prohibition of transportation of aliens for purposes of

employment.

Sec. 109. Limitation on Federal financial assistance to localities

that refuse to cooperate in the arrest and deportation of

unlawful aliens.

Sec. 110. Negotiations with Mexico and Canada.

TITLE II--IMMIGRATION DOCUMENT FRAUD PREVENTION

Sec. 201. Issuance of new identification cards for aliens.

Sec. 202. Implementation.

Sec. 203. No national identity card.

Sec. 204. Employer education program.

Sec. 205. Authorization of appropriations.

Sec. 206. Employment eligibility verification demonstration project.

TITLE III--RESTRICTIONS ON ALIEN ELIGIBILITY FOR WELFARE

Sec. 301. Prohibition of direct Federal financial benefits and

unemployment benefits to aliens who are not lawful permanent

residents.

TITLE I--IMMIGRATION AND LAW ENFORCEMENT

SEC. 101. INCREASED PERSONNEL LEVELS OF THE BORDER PATROL.

The number of full-time positions in the Border Patrol of the

Department of Justice for fiscal year 1996 shall be increased to

8,000.

SEC. 102. INCREASED FUNDING FOR THE BORDER PATROL.

In addition to funds otherwise available for such purposes, there

are authorized to be appropriated to the Attorney General

$50,000,000 for the fiscal year 1996, which amount shall be

available only for equipment, support services, and initial

training for the Border Patrol. Funds appropriated pursuant to this

section are authorized to remain available until expended.

SEC. 103. INSERVICE TRAINING FOR THE BORDER PATROL.

(a) Requirement: Section 103 of the Immigration and Nationality

Act (8 U.S.C. 1103) is amended by adding at the end the following

new subsection:

`(e)(1) The Attorney General shall continue to provide for such

programs of inservice training for full-time and part-time

personnel of the Border Patrol in contact with the public as will

familiarize the personnel with the rights and varied cultural

backgrounds of aliens and citizens in order to ensure and safeguard

the constitutional and civil rights, personal safety, and human

dignity of all individuals, aliens as well as citizens, within the

jurisdiction of the United States with whom they have contact in

their work.

`(2) The Attorney General shall provide that the annual report of

the Service include a description of steps taken to carry out

paragraph (1).'.

(b) Authorization of Appropriations: There are authorized to be

appropriated to the Attorney General $1,000,000 for fiscal year

1996 to carry out the inservice training described in section

103(e) of the Immigration and Nationality Act. The funds

appropriated pursuant to this subsection are authorized to remain

available until expended.

SEC. 104. INCREASE IN I.N.S. SUPPORT PERSONNEL.

In order to provide support for the increased personnel levels of

the border patrol authorized in section 101, the number of

full-time support positions for investigation, detention and

deportation, intelligence, information and records, legal

proceedings, and management and administration in the Immigration

and Naturalization Service shall be increased by 580 positions

above the number of equivalent positions as of September 30, 1994.

SEC. 105. STRENGTHENED ENFORCEMENT OF WAGE AND HOUR LAWS.

(a) In General: The number of full-time positions in the Wage and

Hour Division with the Employment Standards Administration of the

Department of Labor for the fiscal year 1996 shall be increased by

250 positions above the number of equivalent positions available to

the Wage and Hour Division as of September 30, 1994.

(b) Assignment: Individuals employed to fill the additional

positions described in subsection (a) shall be assigned to

investigate violations of wage and hour laws in areas where the

Attorney General has notified the Secretary of Labor that there are

high concentrations of undocumented aliens.

SEC. 106. STRENGTHENED ENFORCEMENT OF THE EMPLOYER SANCTIONS

PROVISIONS.

(a) In General: The number of full-time positions in the

Investigations Division within the Immigration and Naturalization

Service of the Department of Justice for the fiscal year 1996 shall

be increased by 250 positions above the number of equivalent

positions available to such Division as of September 30, 1994.

(b) Assignment: Individuals employed to fill the additional

positions described in subsection (a) shall be assigned to

investigate violations of the employer sanctions provisions

contained in section 274A of the Immigration and Nationality Act,

including investigating reports of violations received from

officers of the Employment Standards Administration of the

Department of Labor.

SEC. 107. INCREASED NUMBER OF ASSISTANT UNITED STATES ATTORNEYS.

(a) In General: The number of Assistant United States Attorneys

that may be employed by the Department of Justice for the fiscal

year 1996 shall be increased by 21 above the number of Assistant

United States Attorneys that could be employed as of September 30,

1994.

(b) Assignment: Individuals employed to fill the additional

positions described in subsection (a) shall be specially trained to

be used for the prosecution of persons who bring into the United

States or harbor illegal aliens, fraud, and other criminal statutes

involving illegal aliens.

SEC. 108. PROHIBITION OF TRANSPORTATION OF ALIENS FOR PURPOSES OF

EMPLOYMENT.

Section 274(a)(1)(A)(ii) of the Immigration and Nationality Act

(8 U.S.C. 1324(a)(1)(A)(ii)) is amended by inserting before the

semicolon at the end the following: `or in furtherance of the

employment of such alien'.

SEC. 109. LIMITATION ON FEDERAL FINANCIAL ASSISTANCE TO LOCALITIES

THAT REFUSE TO COOPERATE IN THE ARREST AND

DEPORTATION OF UNLAWFUL ALIENS.

Notwithstanding any other provision of law, no Federal financial

assistance shall be paid to any local government on and after such

date as the Attorney General certifies that an official, officer,

or employee of the local government (including its police

department) in the exercise of (and within the lawful scope of) the

individual's official duties has refused, on or after the date of

the enactment of this Act, to cooperate with an officer or employee

of the Department of Justice (including the Immigration and

Naturalization Service) with respect to the arrest and deportation

of an alien who is not lawfully present within the United States.

SEC. 110. NEGOTIATIONS WITH MEXICO AND CANADA.

It is the sense of the Congress that--

(1) the Attorney General, jointly with the Secretary of

State, should initiate discussions with Mexico and Canada to

establish formal bilateral programs with those countries to

prevent and to prosecute the smuggling of undocumented aliens

into the United States;

(2) not later than one year after the date of enactment of

this Act, the Attorney General shall report to the Congress the

progress made in establishing such programs; and

(3) in any such program established under this Act, major

emphasis should be placed on deterring and prosecuting persons

involved in the organized and continued smuggling of

undocumented aliens.

TITLE II--IMMIGRATION DOCUMENT FRAUD PREVENTION

SEC. 201. ISSUANCE OF NEW IDENTIFICATION CARDS FOR ALIENS.

(a) In General: The Attorney General shall cause to be issued new

registration and identification cards to all aliens who are

qualified to hold employment in the United States for the purpose

of providing proof of employment eligibility under section 274A of

the Immigration and Nationality Act (8 U.S.C. 1324a).

(b) Requirements: (1) Each new registration and identification

card issued under subsection (a) shall--

(A) be in a form which is resistant to counterfeiting and

tampering;

(B) be designed in such a manner so that an employer can

reliably determine that--

(i) the person with the bearer's claimed identity is

eligible to be employed in the United States, and

(ii) the bearer is not claiming the identity of another

individual;

(C) contain a photograph and other identifying information

(such as date of birth, sex, and distinguishing marks) that

would allow an employer to determine with reasonable certainty

that the bearer is not claiming the identity of another

individual;

(D) in the case of a card issued to--

(i) a work-eligible nonimmigrant admitted under section

214 of the Immigration and Nationality Act (8 U.S.C. 1184),

(ii) an alien admitted for temporary residence under

section 210 of such Act (8 U.S.C. 1160),

(iii) an alien granted temporary protected status under

section 244A of such Act (8 U.S.C. 1254a), and

(iv) an alien authorized to work by the Immigration and

Naturalization Service pending a final determination of

deportability,

shall specify the expiration date of the work authorization on

the face of the card; and

(E) shall specify the alien's admission number or alien file

number.

(2) The new card shall be valid for a period of 10 years and must

be reissued to remain valid after the 10th anniversary of the date

of its issue.

(3) The new card shall note on its face whether work

authorization is restricted.

(4) An employer, for purposes of satisfying the requirements of

section 274A(b) of the Immigration and Nationality Act--

(A) may require an alien seeking employment to produce the

new card as proof of employment eligibility, and

(B) may inquire whether an applicant's limited work

authorization has expired or has been reauthorized at the end

of a work authorization period.

Such a requirement or inquiry shall not constitute an unfair

immigration-related employment practice under section 274B of such

Act.

SEC. 202. IMPLEMENTATION.

(a) In General: Each alien who is authorized to be employed in

the United States shall, on or before October 1, 1996, turn in any

alien registration and identification card which is in the alien's

possession at any post office or office of the Immigration and

Naturalization Service. No resident alien shall receive the new

card until--

(1) the alien--

(A) has surrendered the old green card,

(B) has provided proof of identity,

(C) has provided such other documents as may be required

under law, and

(D) has paid a fee (not to exceed $75) that is reasonable

and sufficient to cover the costs of administration of this

section; and

(2) the Service has verified the lawful status of the alien.

The Attorney General may waive payment of the fee under paragraph

(1)(D) (or reduce the amount of such fee) if the alien provides

satisfactory evidence that the alien cannot afford the full fee.

(b) Posting of Notices: Notices of the requirement of subsection

(a) shall be posted in all post offices and Immigration and

Naturalization Service offices and published in local newspapers

during fiscal year 1996.

(c) Invalidity of Old Cards: Any alien registration or

identification card for permanent resident aliens, other than an

alien registration and identification card issued under this

section, shall be invalid as of midnight of October 1, 1998.

(d) Use of New Cards Under SAVE Program:

(1) In general: Section 1137(d) of the Social Security Act

(42 U.S.C. 1320b-7(d)) is amended--

(A) in paragraph (2), by striking `either' and all that

follows through the end and inserting the following: `a

registration and identification card issued under section

2(a) of the Immigration Reform Act of 1995.',

(B) in paragraph (3), by striking `paragraph (2)(A)' and

inserting `paragraph (2)', and

(C) in paragraph (4), by striking `paragraph (2)(A)' and

inserting `such paragraph'.

(2) Housing assistance: Section 214(d) of the Housing and

Community Development Act of 1980 (42 U.S.C. 1436a(d)) is

amended--

(A) in paragraph (2), by striking `either' and all that

follows through the end and inserting the following: `a

registration and identification card issued under section

2(a) of the Immigration Reform Act of 1995.',

(B) in paragraph (3), by striking `paragraph (2)(A)' and

inserting `paragraph (2)',

(C) in paragraph (4), by striking `paragraph (2)(A)' the

first place it appears and inserting `paragraph (2)', and

(D) in paragraph (4), by striking `paragraph (2)(A)' the

second place it appears and inserting `such paragraph'.

(3) Effective date: The amendments made by this subsection

shall take effect on October 1, 1998.

SEC. 203. NO NATIONAL IDENTITY CARD.

The new card described in section 201--

(1) shall not be considered a national identity card;

(2) shall not be issued to any citizen or national of the

United States; and

(3) shall--

(A) not be required to be carried on one's person, and

(B) not be required to be presented other than--

(i) upon request by a prospective employer for any

purposes other than under this section or under

sections 1001, 1023, 1566, and 1621 of title 18, United

States Code, or to satisfy the requirements of section

274A of the Immigration and Nationality Act, or

(ii) for purposes of carrying out section 1137(d) of

the Social Security Act or section 214(d) of the

Housing and Community Development Act of 1980.

SEC. 204. EMPLOYER EDUCATION PROGRAM.

The Attorney General, in consultation with the Secretary of

Labor, the Administrator of the Small Business Administration, and

the Commissioner of the Internal Revenue, shall conduct a

nationwide program to inform employers about their responsibilities

under the Immigration and Nationality Act and the uses of the new

alien registration and identification cards issued under this Act.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated $5,000,000 for each of

fiscal years 1996 and 1997 to carry out this Act.

SEC. 206. EMPLOYMENT ELIGIBILITY VERIFICATION DEMONSTRATION PROJECT.

The Attorney General shall continue to conduct the demonstration

projects under section 274A of the Immigration and Nationality Act

in order to establish if it is feasible to determine the employment

eligibility of aliens authorized to work in the United States

through the use of a telephone and computation capability that is

available on the date of enactment of this Act. The Attorney

General shall submit a report to Congress on such projects by not

later than October 1, 1995.

TITLE III--RESTRICTIONS ON ALIEN ELIGIBILITY FOR WELFARE

SECTION 301. PROHIBITION OF DIRECT FEDERAL FINANCIAL BENEFITS AND

UNEMPLOYMENT BENEFITS TO ALIENS WHO ARE NOT

LAWFUL PERMANENT RESIDENTS.

(a) In General: On and after the date of the enactment of this

Act, notwithstanding any other provision of law, no direct Federal

financial benefit or social insurance benefit, including (but not

limited to)--

(1) payments under the aid to families with dependent

children program under part A of title IV of the Social

Security Act,

(2) benefits under the supplemental security income program

under title XVI of the Social Security Act,

(3) food stamps under the Food Stamp Act of 1977, and

(4) financial assistance (as defined in section 214(b) of the

Housing and Community Development Act of 1980),

may be paid or otherwise given to any person who is not a citizen

or national of the United States, an alien lawfully admitted for

permanent residence, or an alien otherwise lawfully and permanently

residing in the United States (as defined in subsection (e)),

except pursuant to a provision of the Immigration and Nationality

Act.

(b) Unemployment Benefits: No alien who has not been granted

employment authorization pursuant to Federal law shall be eligible

for unemployment benefits.

(c) Social Security Benefits:

(1) In general: Subsection (a) shall not apply to benefits

paid under the old age, survivors, and disability insurance

program under title II of the Social Security Act.

(2) No credit for wages for unauthorized employment:

Notwithstanding any other provision of law, wages paid on or

after the date of the enactment of this Act with respect to an

alien's employment which is not authorized under law shall not

be taken into account in crediting quarters of coverage under

title II of the Social Security Act.

(d) Construction: This section shall not apply to the provision

of foreign aid to aliens abroad.

(e) Definition: For purposes of this section, the term `alien

otherwise lawfully and permanently residing in the United States'

means any person who at the time the person applies for, receives,

or attempts to receive a Federal financial benefit or social

insurance benefit is an asylee, a refugee, or a parolee.