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Introduced in Senate (04/10/1996)

TABLE OF CONTENTS:

Title I: Immigration Control

Subtitle A: Law Enforcement

Subtitle B: Other Control Measures

Subtitle C: Effective Dates

Title II: Financial Responsibility

Subtitle A: Receipt of Certain Government Benefits

Subtitle B: Miscellaneous Provisions

Subtitle C: Effective Dates

Immigration Control and Financial Responsibility Act of 1996 - Title I: Immigration Control - Subtitle A: Law Enforcement - Part 1:

Additional Enforcement Personnel and Facilities - Directs the Attorney General to increase the number of Border Patrol agents. Authorizes the increase of Border Patrol support personnel.

(Sec. 102) Authorizes appropriations to increase the number of Immigration and Naturalization Service (INS) investigators.

(Sec. 103) Provides for an increase in the number of land border inspectors.

(Sec. 104) Authorizes appropriations to increase the number of visa overstayer investigators and support personnel.

(Sec. 105) Authorizes the Secretary of Labor to increase the number of wage and hour law investigators, with preference for bilingual personnel.

(Sec. 106) Provides for an increase in INS detention facilities.

(Sec. 107) Provides for a review of INS hiring and training standards.

(Sec. 108) Directs the Attorney General to provide for fence construction and road improvements in the San Diego, California, border area. Authorizes appropriations.

Part 2: Verification of Eligibility to Work and Receive Public Assistance - Subpart A: Development of New Verification System - Directs the President to develop a system to verify: (1) work eligibility; and (2) immigration status for public assistance eligibility. Sets forth: (1) system requirements; (2) remedies and penalties for unlawful disclosure; (3) employer safeguards; (4) document use restrictions; and (5) liability protections.

(Sec. 112) Provides for related demonstration projects, including monitoring and reporting by the Comptroller General.

Subpart B: Strengthening Existing Verification Procedures - Sets forth changes in employment-verification document provisions, including: (1) social security account information; (2) types of acceptable documents; (3) birth certificates; and (4) driver's licenses.

Directs the Secretary of Health and Human Services to establish a National Center for Health Statistics grant fund to encourage States to develop birth and death certificate matching and related capabilities. Authorizes appropriations.

(Sec. 119) Amends the Immigration and Nationality Act (Act) to increase certain employer penalties if specified labor standards violations exist.

(Sec. 120) Authorizes the Attorney General to hire additional Assistant United States Attorneys to prosecute cases of unlawful employment of aliens or document fraud. Grants the Secretary of Labor and INS officers related subpoena authority.

(Sec. 120B) Directs the Attorney General to establish a task force to improve public education regarding unlawful employment of aliens and unfair immigration-related employment practices.

(Sec. 120C) Authorizes additional appropriations for the INS "IDENT" program (fingerprinting of apprehended aliens).

Part 3: Alien Smuggling; Document Fraud - Amends Federal criminal law to: (1) authorize INS wiretaps for alien smuggling investigations; and (2) include alien smuggling and certain fraudulent document use provisions within the parameters of the Racketeer Influenced and Corrupt Organizations statute (RICO).

(Sec. 123) Amends the Act to increase criminal penalties for alien smuggling.

(Sec. 124) Permits deportation-related videotaped witness testimony under specified circumstances.

(Sec. 125) Expands seizure and forfeiture authority for alien smuggling, document fraud violations, and unlawful employment of aliens.

(Sec. 127) Revises and establishes penalty provisions for specified document-related violations.

(Sec. 133) Amends Federal criminal law to increase penalties for involuntary servitude. Requires the United States Sentencing Commission to review related sentencing guidelines.

Part 4: Exclusion and Deportation - Amends the Act to authorize the return of an alien arriving from a foreign territory contiguous to the United States to such territory pending further inquiry of admissibility.

Authorizes the Attorney General to order the exclusion or deportation of an alien with or without referral to or from a special inquiry officer under specified circumstances, including vessel-related encounters or extraordinary migration situations (arrival of aliens in numbers of circumstances that exceed inspection capacities). Sets forth such special orders' operational and administrative provisions.

(Sec. 142) Revises judicial review of orders of exclusion or deportation.

(Sec. 143) Establishes civil penalties for failure to depart. Makes visa overstayers (with exceptions) ineligible for additional visas for specified time periods.

(Sec. 144) Authorizes deportation proceedings by electronic means.

(Sec. 145) Grants subpoena authority in exclusion or deportation proceedings.

(Sec. 147) Denies visas to nationals of a country that refuses (or unduly delays) acceptance of its U.S.-deported nationals.

(Sec. 148) Authorizes additional appropriations to the INS for deportation and related detention costs.

(Sec. 149) Directs the Attorney General to conduct one or more pilot programs to increase deportation and exclusion efficiency. Authorizes appropriations.

(Sec. 150) Revises suspension of deportation, status adjustment, and voluntary departure provisions.

(Sec. 151) Defines "stowaway." Makes such persons excludable but with appealable rights to request asylum or withholding of deportation.

Sets forth related carrier cost liability and detention requirements.

(Sec. 152) Directs the Attorney General to establish pilot programs for: (1) deterrence of multiple unauthorized entries by aliens into the United States, including the use of interior or third country repatriation; and (2) use of closed military bases as deportable or excludable alien detention centers.

(Sec. 154) Requires aliens seeking permanent residence to be immunized against vaccine-preventable diseases.

(Sec. 155) Establishes certification requirements for aliens seeking U.S. health care employment (other than physicians).

(Sec. 156) Lengthens the period of reentry ineligibility for deported or removed aliens.

(Sec. 157) Eliminates "consular shopping" for visa overstayers.

(Sec. 158) Makes "incitement" a basis for U.S. exclusion.

Part 5: Criminal Aliens - Amends the Act to revise the definition of "aggravated felony."

(Sec. 162) Makes an aggravated felon ineligible for status adjustment. Sets forth related provisions regarding: (1) deportation and enforceable rights; (2) custody release; and (3) an additional criminal penalty for unlawful U.S. reentry.

(Sec. 165) Revises the categories of convicted aliens and the related procedures for U.S. district court judicial deportations. Permits State court findings of deportability under specified circumstances. Makes conforming amendments to: (1) the Immigration Act of 1990; and (2) the Violent Crime Control and Law Enforcement Act of 1994.

(Sec. 166) Provides for a stipulated order of exclusion or deportation.

(Sec. 167) Amends Federal criminal law to authorize deportation as a condition to probation under specified circumstances.

(Sec. 168) Directs the Attorney General to submit an annual report on criminal aliens.

(Sec. 169) Authorizes INS to conduct undercover investigations.

(Sec. 170) Provides for the President to negotiate or renegotiate bilateral (alien) prisoner transfer treaties, including provision of compensation.

(Sec. 170A) Directs the Secretary of State and the Attorney General to conduct a prisoner transfer treaties study.

(Sec. 170D) Authorizes the Attorney General to conduct a demonstration project for identification of illegal aliens in local prisons, including the detailing of an INS specialist to Anaheim, California, to help in such training.

Part 6: Miscellaneous - Amends the Act to make Federal agencies eligible for immigration emergency fund reimbursement.

Amends Federal law to provide for Federal vessel movement controls in instances of anticipated or actual mass migration of aliens to the United States. Amends the Act to authorize the Attorney General to delegate immigration enforcement authority to State and local officials under such circumstances.

(Sec. 173) Provides for: (1) a joint study of automated data collection at ports of entry; and (2) development of an automated (alien) entry-exit control system.

(Sec. 178) Authorizes INS: (1) use of volunteers; and (2) acquisition of Federal equipment for border use.

(Sec. 180) Amends the Act to place specified limitations on: (1) court jurisdiction in legalization litigation; and (2) status adjustment.

(Sec. 182) Requires the Attorney General to report on alien detention space, including an estimate of the number of released deportable or excludable aliens.

(Sec. 183) Sets forth special inquiry officer (immigration judge) compensation provisions.

(Sec. 184) Amends the Act to authorize the Attorney General to accept State services to carry out immigration enforcement activities.

(Sec. 185) Increases the number of "witness cooperation" visas.

Subtitle B: Other Control Measures - Part 1: Parole Authority - Amends the Act to make parole authority useable on a case-by-case basis for humanitarian reasons or significant public benefit.

(Sec. 191) Includes parolees in world-wide level of family-sponsored immigrants.

Part 2: Asylum - Restricts asylum provisions, including work authorization.

(Sec. 196) Authorizes the Attorney General, in order to reduce the asylum backlog, to temporarily: (1) use additional funds for property acquisition; and (2) hire Federal retirees.

Part 3: Cuban Adjustment Act - Repeals the Cuban Adjustment Act.

Subtitle C: Effective Dates - Sets forth specified effective dates.

Title II: Financial Responsibility - Subtitle A: Receipt of Certain Government Benefits - Prohibits public assistance and benefits, with specified exceptions, to an alien who is not a permanent resident, a refugee, a parolee, an asylee, or an alien under withheld deportation. Prohibits unemployment benefits and benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to an alien who does not have work authorization. Requires the Secretary of Housing and Urban Development to report with respect to enforcement of specified alien housing assistance restrictions.

(Sec. 202) Defines "public charge" for deportation purposes.

(Sec. 203) Sets forth sponsor affidavit of support requirements.

(Sec. 204) Attributes a sponsor's income and resources to the sponsored alien for purposes of (such alien's) public assistance eligibility. Permits similar State and local attribution.

(Sec. 205) Requires the Secretary of Education and the Commissioner of Social Security to jointly report on the Department of Education's higher education assistance eligibility matching program.

(Sec. 206) Authorizes States and localities to limit assistance to aliens and distinguish among classes of aliens in providing general public assistance.

(Sec. 207) Denies the earned income tax credit to individuals who are not citizens or lawful permanent resident aliens.

(Sec. 208) Amends Federal criminal law to increase penalties for forging or counterfeiting a Federal agency or department seal to facilitate alien benefit fraud.

(Sec. 209) Amends the Social Security Act to authorizes States to place Medicaid anti-fraud investigators in hospitals.

Subtitle B: Miscellaneous Provisions - Directs the Attorney General to reimburse States and localities for emergency medical services for specified aliens.

(Sec. 213) Authorizes pilot projects for: (1) additional border crossing fees; and (2) expanded U.S.-Canadian port of entry hours and automated permit machines.

Subtitle C: Effective Dates - Sets forth effective dates for provisions of this Act.