Text: H.R.3862 — 103rd Congress (1993-1994)All Bill Information (Except Text)

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[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 3862 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 3862

 To effect a moratorium on immigration by aliens other than refugees, 
    priority workers, and the spouses and children of United States 
                               citizens.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 1994

Mr. Stump (for himself and Mr. Callahan) introduced the following bill; 
which was referred jointly to the Committees on the Judiciary, Ways and 
       Means, Agriculture, and Banking, Finance and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
 To effect a moratorium on immigration by aliens other than refugees, 
    priority workers, and the spouses and children of United States 
                               citizens.

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

SECTION 1. SHORT TITLE; REFERENCES IN ACT.

    (a) Short Title.--This Act may be cited as the ``Immigration 
Moratorium Act of 1994''.
    (b) References in Act.--Except as otherwise expressly provided, 
whenever in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provision of the 
Immigration and Nationality Act.

                    TITLE I--IMMIGRATION MORATORIUM

SEC. 101. IMMIGRATION MORATORIUM DEFINED.

    As used in this Act, the term ``immigration moratorium'' means the 
period beginning on October 1, 1994, and ending on September 30 of the 
first fiscal year after fiscal year 1999 during which the President 
submits a report to Congress, which is approved by a joint resolution 
of Congress, that the flow of illegal immigration has been reduced to 
less than 10,000 aliens per year and that any increase in legal 
immigration resulting from termination of the immigration moratorium 
would have no adverse impact on the wages and working conditions of 
United States citizens or on the achievement or maintenance of Federal 
environmental quality standards in those localities where immigrants 
are likely to settle.

SEC. 102. WORLDWIDE LEVELS OF IMMIGRATION.

    Notwithstanding section 201 of the Immigration and Nationality Act, 
during the immigration moratorium in lieu of the worldwide levels of 
immigration under section 201 (8 U.S.C. 1151)--
            (1) the worldwide level of family-sponsored immigrants 
        under section 201(c) is 10,000;
            (2) the worldwide level of employment-based immigrants 
        under section 201(d) is 5,000; and
            (3) the worldwide level of diversity immigrants under 
        section 201(e) is zero.

SEC. 103. ALLOTMENT OF VISAS.

    (a) In General.--Notwithstanding section 203 of the Immigration and 
Nationality Act, during the immigration moratorium, in lieu of the 
number of visas that may be allotted under section 203 (8 U.S.C. 
1153)--
            (1) the number of visas that shall be allotted to family-
        sponsored immigrants under section 203(a) shall be 10,000 for 
        qualified immigrants under section 203(a)(2) and zero for other 
        family-sponsored immigrants;
            (2) the number of visas that shall be allotted in any 
        fiscal year to priority workers under section 203(b)(1) shall 
        not exceed the worldwide level of employment-based immigrants 
        for that fiscal year, and the number of visas that shall be 
        allotted to other aliens subject to the worldwide level for 
        employment-based immigrants shall be zero; and
            (3) the number of visas that shall be allotted to diversity 
        immigrants under section 203(c) shall be zero.
    (b) Limitation on Sponsorship by Certain Aliens.--Notwithstanding 
any other provision of law, no visa may be allotted to any immigrant on 
the basis of a petition by an individual who has filed an application 
under section 210, section 210A, or section 245A of the Immigration and 
Nationality Act.

SEC. 104. GRANTING IMMIGRANT STATUS.

    During the immigration moratorium, the Attorney General may not 
approve any petition for classification under section 204 except for 
classification by reason of a family relationship described in section 
201(b)(2) or priority worker status under section 203(b)(1). Petitions 
that may not be approved during the moratorium shall be returned to the 
persons who filed the petitions.

SEC. 105. ANNUAL ADMISSION OF REFUGEES.

    Notwithstanding any other provision of law, during the immigration 
moratorium, the number of refugees who may be admitted under section 
207, including the number of admissions made available to adjust to the 
status of permanent residence the status of aliens granted asylum under 
section 209(b), shall not exceed 25,000 in any fiscal year.

SEC. 106. IMMEDIATE RELATIVES DEFINED.

    During the immigration moratorium, the term ``immediate relatives'' 
for purposes of section 201(b) means the children and spouse of a 
citizen of the United States who shall have acquired citizenship under 
chapter 1 of title III of the Immigration and Nationality Act.

SEC. 107. EFFECTIVE DATE.

    This title shall take effect October 1, 1994.

      TITLE II--PROHIBITION OF FEDERAL BENEFITS FOR CERTAIN ALIENS

SEC. 201. 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.

                        TITLE III--ASYLUM REFORM

SEC. 301. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

    (a) Inspection of Aliens.--Section 235(b) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)) is amended to read as follows:
    ``(b) Inspection and Exclusion by Immigration Officers.--
            ``(1) An immigration officer shall inspect each alien who 
        is seeking entry to the United States.
            ``(2)(A) If the examining immigration officer determines 
        that an alien seeking entry--
                    ``(i) does not present the documentation required 
                (if any) to obtain legal entry to the United States; 
                and
                    ``(ii) does not indicate either an intention to 
                apply for asylum (under section 208) or a fear of 
                persecution, the officer shall order the alien excluded 
                from the United States without further hearing or 
                review.
            ``(B) The examining immigration officer shall refer for 
        immediate inspection at a port of entry by an asylum officer 
        under subparagraph (C) any alien who has indicated an intention 
        to apply for asylum or a fear of persecution.
            ``(C)(i) If an asylum officer determines that an alien has 
        a credible fear of persecution, the alien shall be entitled to 
        apply for asylum under section 208.
            ``(ii) If an asylum officer determines that an alien does 
        not have a credible fear of persecution the officer shall order 
        the alien excluded from the United States without further 
        hearing or review.
            ``(3)(A) Except as provided in subparagraph (B), if the 
        examining immigration officer determines that an alien seeking 
        entry is not clearly and beyond a doubt entitled to enter, the 
        alien shall be detained for a hearing before a special inquiry 
        officer.
            ``(B) The provisions of subparagraph (A) shall not apply--
                    ``(i) to an alien crewman,
                    ``(ii) to an alien described in paragraph (2)(A) or 
                2(C)(ii)(I), or
                    ``(iii) if the conditions described in section 
                273(d) exist.
            ``(4) The decision of the examining immigration officer, if 
        favorable to the admission of any alien, shall be subject to 
        challenge by any other immigration officer and such challenge 
        shall operate to take the alien, whose privilege to enter is so 
        challenged, before a special inquiry officer for a hearing on 
        exclusion of the alien.
            ``(5)(A) Subject to subparagraph (B), an alien has not 
        entered the United States for purposes of this Act unless and 
        until such alien has been inspected and admitted by an 
        immigration officer pursuant to this subsection.
            ``(B) An alien who (i) is physically present in the United 
        States, (ii) has been physically present in the United States 
        for a continuous period of one year, and (iii) has not been 
        inspected and admitted by an immigration officer shall be 
        deemed to have entered the United States without inspection.
            ``(6) Interior repatriation.--The Secretary of State shall 
        undertake to enter into, on behalf of the United States, 
        arrangements with the governments of countries contiguous to 
        the United States that any excludable or deportable alien who 
        is to depart the United States to such country under an order 
        of deportation, under a grant of voluntary departure with 
        safeguards, or at a time when the alien is in federal custody 
        shall be transported to a point in the contiguous country that, 
        to the extent practicable, is not less than 500 kilometers from 
        the border of the United States.''.
    (b) Grounds for Exclusion.--Section 221(a)(6) of the Immigration 
and Nationality Act is amended by adding the following paragraphs:
            ``(G)(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 is forged, 
        counterfeit, altered, falsely made, stolen, or inapplicable to 
        the alien presenting the document, or otherwise contains a 
        misrepresentation of a material fact, shall be excluded.
            ``(ii) Subparagraph (ii) shall not apply to an alien if, in 
        the determination of the asylum officer, the document or 
        documents to which that subparagraph refers were presented by 
        the alien solely to enable the alien to depart directly from--
                    ``(A) a country in which the alien had a credible 
                fear of persecution; or
                    ``(B) a country in which there was a significant 
                danger that the alien would be returned to a country in 
                which the alien would have a credible fear of 
                persecution.
            ``(iii) For the purposes of this subparagraph, the term 
        `credible fear of persecution' means (I) that it is more 
        probable than not that the statements made by the alien in 
        support of his or her claim are true, and (II) that there is a 
        significant possibility, in light of such statements and of 
        such other facts as are known to the officer that the alien 
        could establish eligibility for asylum under section 208.
            ``(H) Any alien who, in boarding a common carrier for the 
        purpose of coming to the United States, presents a document 
        that relates or purports to relate to the alien's eligibility 
        to enter the United States, and fails to present such document 
        to an immigration officer upon arrival at a port of entry into 
        the United States, shall be excluded.''.
    (b) Conforming Amendments.--Section 237(a) (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(b)(2), 
        deportation''; and
            (2) in the first sentence of paragraph (2) by striking 
        ``If'' and inserting ``Subject to section 235(b)(2), if''.

SEC. 302. ASYLUM.

    (a) In General.--Section 208 (8 U.S.C. 1158) is amended to read as 
follows:
    ``Sec. 208. (a) Asylum.--
            ``(1) Right to apply.--An alien physically present in the 
        United States or at a land border or port of entry may apply 
        for asylum in accordance with this section.
            ``(2) Conditions for granting.--
                    ``(A) Grants by attorney general.--The Attorney 
                General may grant asylum to an alien if the alien 
                applies for asylum in accordance with the requirements 
                of this section and establishes that it is more 
                probable than not that in the alien's country of 
                nationality (or, in the case of a person having no 
                nationality, the country in which such alien last 
                habitually resided) such alien would be arrested and 
                incarcerated or such alien's life would be threatened 
                on account of race, religion, nationality, membership 
                in a particular social group, or political opinion.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to an alien if the Attorney General determines that--
                            ``(i) the alien ordered, incited, assisted, 
                        or otherwise participated in the persecution of 
                        any person on account of race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion;
                            ``(ii) the alien, having been convicted by 
                        a final judgment of a particularly serious 
                        crime, constitutes a danger to the community of 
                        the United States;
                            ``(iii) there are serious reasons for 
                        believing that the alien has committed a 
                        serious nonpolitical crime outside the United 
                        States prior to the arrival of the alien in the 
                        United States;
                            ``(iv) there are reasonable grounds for 
                        regarding the alien as a danger to the security 
                        of the United States; or
                            ``(v) a country willing to accept the alien 
                        has been identified (other than the country 
                        described in subparagraph (A)) to which the 
                        alien can be deported or returned and the alien 
                        does not establish that it is more likely than 
                        not that the alien would be incarcerated or the 
                        alien's life would be threatened in such 
                        country on account of race, religion, 
                        nationality, membership of a particular social 
                        group, or political opinion. For purposes of 
                        clause (ii), an alien who has been convicted of 
                        an aggravated felony shall be considered to 
                        have committed a particularly serious crime. 
                        The Attorney General shall promulgate 
                        regulations that specify additional crimes that 
                        will be considered to be a crime described in 
                        clause (ii) or clause (iii).
            ``(3) Asylum status.--In the case of any alien granted 
        asylum under paragraph (2), the Attorney General, in accordance 
        with this section--
                    ``(A) shall not deport or return the alien to the 
                country described under paragraph (2)(A);
                    ``(B) shall authorize the alien to engage in 
                employment in the United States and provide the alien 
                with an `employment authorized' endorsement or other 
                appropriate work permit; and
                    ``(C) may allow the alien to travel abroad with the 
                prior consent of the Attorney General, except that such 
                travel may not be authorized to the country from which 
                the alien claimed to be fleeing persecution.
            ``(4) Termination.--Asylum granted under paragraph (2) 
        shall be terminated if the Attorney General, pursuant to such 
        regulations as the Attorney General may prescribe, determines 
        that--
                    ``(A) the alien no longer meets the conditions 
                described in paragraph (2) owing to a change in 
                circumstances in the alien's country of nationality or, 
                in the case of an alien having no nationality, in the 
                country in which the alien last habitually resided;
                    ``(B) the alien meets a condition described in 
                paragraph (2);
                    ``(C) a country willing to accept the alien has 
                been identified (other than the country described in 
                paragraph (2)) to which the alien can be deported or 
                returned and the alien cannot establish that it is more 
                likely than not that the alien would be arrested or 
                incarcerated in such country on account of race, 
                religion, nationality, membership in a particular 
                social group, or political opinion; or
                    ``(D) the alien returns to the country from which 
                the alien claimed to be fleeing persecution or makes 
                application with the Attorney General to return to the 
                country from which the alien claimed to fleeing 
                persecution.
            ``(5) Acceptance by another country.--In the case of an 
        alien described in paragraph (2)(C)(v) or paragraph (4)(C), the 
        alien's deportation or return shall be directed by the Attorney 
        General in the sole discretion of the Attorney General, to any 
        country which is willing to accept the alien into its territory 
        (other than the country described in paragraph (2)).
    ``(b) Asylum Procedure.--
            ``(1) Applications.--
                    ``(A) In general.--
                            ``(i) Deadline.--Subject to clause (ii), an 
                        alien's application for asylum shall not be 
                        considered under this section unless--
                                    ``(I) the alien has filed, not 
                                later than 30 days after entering or 
                                coming to the United States, notice of 
                                intention to file such an application, 
                                and
                                    ``(II) such application is actually 
                                filed not later than 45 days after 
                                entering or coming to the United 
                                States.
                            ``(ii) Exception.--An application for 
                        temporary asylum may be considered, 
                        notwithstanding that the requirements of clause 
                        (i) have not been met, only if the alien 
                        demonstrates by clear and convincing evidence 
                        changed circumstances in the alien's country of 
                        nationality (or in the case of an alien with no 
                        nationality, in the country where the alien 
                        last habitually resided) affecting eligibility 
                        for asylum.
                    ``(B) Requirements.--An application for temporary 
                asylum shall not be considered unless the alien submits 
                to the taking of fingerprints and a photograph in a 
                manner determined by the Attorney General.
                    ``(C) Fees.--The Attorney General may provide for a 
                reasonable fee for the consideration of an application 
                for asylum or for any employment authorization under 
                subsection (a)(3)(B).
                    ``(D) Notice of privilege of counsel and 
                consequences of frivolous application.--At the time of 
                filing a notice of intention to apply for asylum, the 
                alien shall be advised of the privilege of being 
                represented (at no expense to the government) by such 
                counsel, authorized to practice in such proceedings, as 
                the alien shall choose and of the consequences, under 
                subsection (d), of filling a frivolous application for 
                temporary asylum.
            ``(2) Consideration of applications; hearings.--
                    ``(A) Asylum officers.--Applications for temporary 
                asylum shall be considered by officers of the Service 
                (referred to in this Act as `asylum officers') who are 
                specially designated by the Service as having special 
                training and knowledge of international conditions and 
                human rights records of foreign countries. Pending the 
                designation of such officers, individuals who as of the 
                date of the enactment of the Immigration Stabilization 
                Act of 1993 are authorized to perform duties as asylum 
                officers shall be deemed to be qualified to be asylum 
                officers for purposes of this Act.
                    ``(B) Scheduling of hearings.--
                            ``(i) In general.--Upon the filing of an 
                        application for asylum, an asylum officer, at 
                        the earliest practicable time and after 
                        consultation with the attorney for the 
                        Government and the attorney (if any) for the 
                        applicant, shall set the application for 
                        hearing on a day certain or list it on a weekly 
                        or other short-term calendar, so as to assure a 
                        speedy hearing.
                            ``(ii) Deadline.--Unless the applicant (or 
                        an attorney for the applicant) consents in 
                        writing to the contrary, the hearing on the 
                        asylum application shall commence not later 
                        than 45 days after the date the application was 
                        filed.
                    ``(C) Public hearings.--A hearing on a temporary 
                asylum application shall be open to the public unless 
                the applicant requests that it be closed to the public.
                    ``(D) Rights in hearings.--The officer shall, to 
                the extent practicable, conduct the hearing in a 
                nonadversarial manner. During such hearing, the 
                applicant shall have the privilege of the assistance 
                and participation of counsel (as provided under 
                paragraph (1)(D)) and both the government and the 
                applicant shall be entitled to present evidence and 
                witnesses, to examine and object to evidence, and to 
                cross-examine all witnesses.
                    ``(E) Country conditions.--An officer may request 
                opinions regarding country conditions from the 
                Secretary of State, but shall not request or consider 
                recommendations from the Secretary of State as to 
                whether a particular named individual should or should 
                not be granted temporary asylum.
                    ``(F) Transcript of hearings.--A complete record of 
                the proceedings and of all testimony and evidence 
                produced at the hearing shall be kept. The hearing 
                shall be recorded verbatim. The Attorney General and 
                the Service shall provide that a transcript of a 
                hearing held under this section is made available not 
                later than 10 days after the date of completion of the 
                hearing.
                    ``(G) Deadline for determinations on 
                applications.--The officer shall render a determination 
                on the application not later than 30 days after the 
                date of completion of the hearing. The determination of 
                the officer shall be based only on the officer's 
                knowledge of international conditions and human rights 
                records of foreign countries, and evidence produced at 
                the hearing.
                    ``(H) Resource allocation.--The Attorney General 
                shall allocate sufficient resources so as to assure 
                that applications for asylum are heard and determined 
                on a timely basis. However, nothing in this paragraph 
                relating to scheduling or deadlines shall be construed 
                as creating any right or benefit, substantive or 
                procedural, which is legally enforceable by any party 
                against the United States, its agencies, its officers, 
                or any other person.
                    ``(I) Sanctions for failure to appear.--
                            ``(i) Subject to clause (ii), the 
                        application for asylum of an alien who does not 
                        appear for a hearing on such application shall 
                        be summarily dismissed unless the alien can 
                        show exceptional circumstances (as defined in 
                        section 242B(f)(2)) as determined by the asylum 
                        officer.
                            ``(ii) Clause (i) shall not apply if 
                        written and oral notice were not provided as 
                        required by section 242B(e)(4)(B).
                            ``(iii) Except in exceptional circumstances 
                        (as defined in section 242B(f)(2)), an 
                        application summarily dismissed in accordance 
                        with Clause (i) shall not be reopened or 
                        reconsidered nor shall a new application for 
                        asylum be entertained by the Attorney General 
                        at any time.
                    ``(J) Finality of determinations.--
                            ``(i) In general.--The decision of the 
                        asylum officer shall be the final 
                        administrative determination of a claim for 
                        asylum.
                            ``(ii) Treatment of cases in exclusion or 
                        deportation.--If proceedings are instituted 
                        against an alien under section 235 or 242 of 
                        this Act and the alien files an application for 
                        asylum based on circumstances described in 
                        subsection (b)(1)(A)(ii), the asylum officer 
                        shall render, on an expedited basis, a decision 
                        on the application.
    ``(c) Asylum Status Adjustments.--
            ``(1) Adjustment of status.--Under such regulations as the 
        Attorney General may prescribe, the Attorney General shall 
        adjust to the status of an alien granted asylum the status of 
        any alien granted asylum under subsection (a)(2)(A) who--
                    ``(A) applies for such adjustment;
                    ``(B) has been physically present in the United 
                States for at least 3 years after being granted asylum;
                    ``(C) continues to be eligible for asylum under 
                this section; and
                    ``(D) is admissible under this Act at the time of 
                examination for adjustment of status under this 
                subsection.
            ``(2) Treatment of spouse and children.--A spouse or child 
        (as defined in section 101(b)(A), (B), (C), (D), or (E)) of an 
        alien whose status is adjusted to that of an alien granted 
        asylum under paragraph (a)(2) may be granted the same status as 
        the alien if accompanying, or following to join, such alien.
            ``(3) Application fees.--The Attorney General may impose a 
        reasonable fee for the filing of an application for asylum 
        under this subsection.
    ``(d) Denial of Immigration Benefits for Frivolous Applications.--
            ``(1) In general.--If the asylum officer determines that an 
        alien has made a frivolous application for asylum under this 
        section and the alien has received the notice under subsection 
        (b)(1)(D)(i), the alien shall be permanently ineligible for any 
        benefits under this Act, effective as of the date of a final 
        determination on such application.
            ``(2) Treatment of fraudulent or material 
        misrepresentations.--For purposes of this subsection, an 
        application considered to be `frivolous' includes, but is not 
        limited to, an application which is fraudulent or otherwise 
        contains a willful misrepresentation or concealment of a 
        material fact.''.

SEC. 303. FAILURE TO APPEAR FOR ASYLUM HEARING.

    Section 24B(e)(4) (8 U.S.C. 1252b(e)(4)) is amended in subparagraph 
(A), by striking all after clause (iii) and inserting ``shall not be 
eligible for any benefits under this Act.''.

SEC. 304. JUDICIAL REVIEW.

    (a) Section 235 of the Immigration and Nationality Act (8 U.S.C. 
1225) is amended by adding at the end thereof:
    ``(d) Notwithstanding any other provision of law, no court shall 
have jurisdiction to review, except by petition for habeas corpus, any 
determination made with respect to an alien found excludable pursuant 
to titles I or II of this Act. In any such case, review by habeas 
corpus shall be limited to examination of whether the petitioner (I) is 
an alien, and (II) was ordered excluded from the United States pursuant 
to the provisions of this Act. Regardless of the nature of the suit or 
claim, no court shall have jurisdiction except as provided in this 
paragraph to consider the validity of any adjudication or determination 
of exclusion, to certify a class in an action challenging the exclusion 
provisions of this Act or any portion or implementation thereof, or to 
provide declaratory or injunctive relief with respect to the exclusion 
of any alien.
    ``(e) In any action brought for the assessment of penalties for 
improper entry or re-entry of an alien under sections 275, 276, 277, or 
278 of the Immigration and Nationality Act, no court shall have 
jurisdiction to hear claims collaterally attacking the validity of 
orders of exclusion, or deportation entered under sections 235, 236, or 
242 of that Act.''.

SEC. 305. CONFORMING AMENDMENTS.

    (a) Limitation on Deportation.--Section 243 (8 U.S.C. 1253) is 
amended by striking subsection (h).
    (b) Adjustment of Status.--Section 209(b) of the Immigration and 
Nationality Act (8 U.S.C. 1159(b)) is amended--
            (1) in paragraph (2) by striking ``one year'' and inserting 
        ``5 years''; and
            (2) by amending paragraph (3) to read as follows:
            ``(3) continues to be eligible for asylum under section 
        208,''.
    (c) Aliens Ineligible for Temporary Protected Status.--Section 
244A(c)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 
1254a(c)(2)(B)(ii)) is amended by striking ``section 243(h)(2)'' and 
inserting ``clauses (i), (ii), (iii), or (iv) of section 
208(a)(2)(C)''.
    (d) Eligibility for Naturalization.--Section 316(f)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1427(f)(1)) is amended by 
striking ``subparagraphs (A) through (D) of paragraph 243(h)(2)'' and 
inserting ``clauses (i), (ii), (iii), or (iv) of section 
208(a)(2)(C)''.
    (e) Family Unity.--Section 301(e) of the Immigration Act of 1990 
(Public Law 101-649) is amended by striking ``section 243(h)(2)'' and 
inserting ``clauses (i), (ii), (iii), or (iv) of section 
208(a)(2)(C)''.

SEC. 306. EFFECTIVE DATES.

    (a) In General.--Except as otherwise provided, the amendments made 
by this title shall take effect on the date of the enactment of this 
Act.
    (b) Exceptions.--
            (1) The amendments made by this title shall not apply to 
        applications for asylum or withholding of deportation made 
        before the first day of the first month that begins more than 
        180 days after the date of the enactment of this Act and no 
        application for asylum under section 208 of the Immigration and 
        Nationality Act (as amended by section 201 of this Act) shall 
        be considered before such first day.
            (2) In applying section 208(b)(1)(A) of the Immigration and 
        Nationality Act (as amended by this title) in the case of an 
        alien who has entered or came to the United States before the 
        first day described in paragraph (1), notwithstanding the 
        deadlines specified in such section--
                    (A) the deadline for the filing of a notice of 
                intention to file an application for asylum is 30 days 
                after such first day, and
                    (B) the deadline for the filing of the application 
                for asylum is 45 days after the date of filing such 
                notice.
            (3) The amendments made by section 305(b) (relating to 
        adjustment of status) shall not apply to aliens granted asylum 
        under section 208 of the Immigration and Nationality Act, as in 
        effect before the date of the enactment of this Act.

                         TITLE IV--CITIZENSHIP

SEC. 401. BASIS OF CITIZENSHIP CLARIFIED.

    In the exercise of its powers under section 5 of the Fourteenth 
Article of Amendment to the Constitution of the United States, the 
Congress has determined and hereby declares that any person born after 
the date of enactment of this title to a mother who is neither a 
citizen of the United States nor admitted to the United States as a 
lawful permanent resident, and which person is a national or citizen of 
another country of which either of his or her natural parents is a 
national or citizen, or is entitled upon application to become a 
national or citizen of such country, shall be considered as born 
subject to the jurisdiction of that foreign country and not subject to 
the jurisdiction of the United States within the meaning of section 1 
of such Article and shall therefore not be a citizen of the United 
States or of any State solely by reason of physical presence within the 
United States at the moment of birth.

                        TITLE V--BORDER SECURITY

SEC. 501. BORDER PATROL PERSONNEL.

    The number of full-time officer positions in the border patrol of 
the Immigration and Naturalization Service shall be increased to 5,900 
in fiscal year 1994, 6,900 in fiscal year 1995, 7,900 in fiscal year 
1996, 8,900 in fiscal year 1997, and 9,900 in fiscal year 1998.

                                 <all>

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