H.R. 2202 (104th): Immigration Control and Financial Responsibility Act of 1996

Introduced:
Aug 04, 1995 (104th Congress, 1995–1996)
Sponsor:
Rep. Lamar Smith [R-TX21]
Status:
Died (Passed Senate with Changes)

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was introduced in a previous session of Congress and though it was passed by both chambers on May 2, 1996 it was passed in non-identical forms and the differences were never resolved.

Progress
Introduced Aug 04, 1995
Reported by Committee Oct 24, 1995
Passed House Mar 21, 1996
Passed Senate with Changes May 02, 1996
Votes

On Agreeing to the Amendment: Amendment 3 to H R 2202
Mar 20, 1996 12:03 p.m.
Failed 120/291

On Agreeing to the Amendment: Amendment 4 to H R 2202
Mar 20, 1996 12:15 p.m.
Failed 191/221

On Agreeing to the Amendment: Amendment 7 to H R 2202
Mar 20, 1996 4:34 p.m.
Failed 170/250

On Agreeing to the Amendment: Amendment 8 to H R 2202
Mar 20, 1996 4:44 p.m.
Failed 151/269

On Agreeing to the Amendment: Amendment 9 to H R 2202
Mar 20, 1996 5:02 p.m.
Agreed to 257/163

On Agreeing to the Amendment: Amendment 10 to H R 2202
Mar 20, 1996 5:13 p.m.
Failed 159/260

On Agreeing to the Amendment: Amendment 11 to H R 2202
Mar 20, 1996 6:47 p.m.
Failed 86/331

On Agreeing to the Amendment: Amendment 14 to H R 2202
Mar 20, 1996 9:02 p.m.
Agreed to 210/207

On Agreeing to the Amendment: Amendment 16 to H R 2202
Mar 20, 1996 9:11 p.m.
Agreed to 359/59

On Agreeing to the Amendment: Amendment 17 to H R 2202
Mar 21, 1996 4 p.m.
Agreed to 238/183

On Agreeing to the Amendment: Amendment 19 to H R 2202
Mar 21, 1996 6:08 p.m.
Failed 180/242

On Agreeing to the Amendment: Amendment 21 to H R 2202
Mar 21, 1996 7:26 p.m.
Failed 59/357

On Agreeing to the Amendment: Amendment 22 to H R 2202
Mar 21, 1996 7:35 p.m.
Failed 154/262

On Motion to Recommit with Instructions: H R 2202 Immigration Act of 1995
Mar 21, 1996 8:05 p.m.
Failed 188/231

House Vote on Passage
Mar 21, 1996 8:13 p.m.
Passed 333/87

Senate Vote on Passage
May 02, 1996 4:03 p.m.
Bill Passed 97/3

On Motion to Instruct Conferees: H R 2202 Immigration Act of 1995
Sep 11, 1996 3:03 p.m.
Failed 181/236

Recommit conference report with instructions: H R 2202 Immigration Act of 1995
Sep 25, 1996 3:11 p.m.
Failed 179/247

House Vote on Passage
Sep 25, 1996 3:21 p.m.
Passed 305/123

Cosponsors
129 cosponsors (103R, 23D, 2D, 1I) (show)
Committees

House Agriculture

House Armed Services

House Education and the Workforce

House Financial Services

House Oversight and Government Reform

House Judiciary

House Ways and Means

The committee chair determines whether a bill will move past the committee stage.

Full Title

To amend the Immigration and Nationality Act to improve deterrence of illegal immigration to the United States by increasing border patrol and investigative personnel, by increasing penalties for alien smuggling and for document fraud, by reforming exclusion and deportation law and procedures, by improving the verification system for eligibility for employment, and through other measures, to reform the legal immigration system and facilitate legal entries into the United States, and for other purposes.

Summary

No summaries available.

Text

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Last updated May 02, 1996.
290 pages

Primary Source

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Citation

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

9/24/1996--Conference report filed in House. TABLE OF CONTENTS:
Title I - Improvements to Border Control, Facilitation of Legal Entry, and Interior Enforcement Subtitle A: Improved Enforcement at the Border Subtitle B: Facilitation of Legal Entry Subtitle C: Interior Enforcement Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling Subtitle B: Deterrence of Document Fraud Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens Subtitle A: Revision of Procedures for Removal of Aliens Subtitle B: Criminal Alien Provisions Subtitle C: Revision of Grounds for Exclusion and Deportation Subtitle D: Changes in Removal of Alien Terrorist Provisions Subtitle E: Transportation of Aliens Subtitle F: Additional Provisions Title IV: Enforcement of Restrictions Against Employment Subtitle A: Pilot Programs for Employment Eligibility Confirmation Subtitle B: Other Provisions Relating to Employer Sanctions Subtitle C: Unfair Immigration-Related Employment Practices Title V: Restrictions on Benefits for Aliens Subtitle A: Ineligibility of Excludable, Deportable, and Nonimmigrant Aliens from Public Assistance and Benefits Subtitle B: Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge Subtitle C: Affidavits of Support and Attribution of Income Subtitle D: Miscellaneous Provisions Subtitle E: Housing Assistance Subtitle F: General Provisions Title VI: Miscellaneous Provisions Subtitle A: Refugees, Parole, and Asylum Subtitle B: Miscellaneous Amendments to the Immigration and Nationality Act Subtitle C: Provisions Relating to Visa Processing and Consular Efficiency Subtitle D: Other Provisions Subtitle E: Technical Corrections Illegal Immigration Reform and Immigrant Responsibility Act of 1996
Title I - Improvements to Border Control, Facilitation of Legal Entry, and Interior Enforcement
Subtitle A - Improved Enforcement at the Border
Directs the Attorney General to increase the number of Border Patrol agents through FY 2001. Authorizes the increase of Border Patrol support personnel.
Section 102 -
Provides for barrier and road improvements at U.S. border areas of high illegal entry, including San Diego, California. Authorizes appropriations for San Diego area improvements.
Section 103 -
Provides for: (1) improved border equipment and technology; and (2) biometric identifiers to be included in border crossing identification cards.
Section 105 -
Establishes civil penalties for illegal U.S. entry.
Section 106 -
Provides for a review of Immigration and Naturalization Service (INS) hiring and training standards.
Section 107 -
Directs the Comptroller General to evaluate the Attorney General's border strategy.
Section 108 -
Amends Federal criminal law to establish criminal penalties for high speed flights from immigration checkpoints.
Section 109 -
Provides for: (1) a joint study of automated data collection at points of entry; and (2) development of an automated (alien) entry-exit control system.
Section 111 -
Directs the Attorney General to submit a final plan for the realignment of interior Border Patrol positions to front-line border positions.
Section 112 -
Authorizes additional appropriations for the INS IDENT program for fingerprinting of apprehended aliens.
Subtitle B - Facilitation of Legal Entry
Directs the Attorney General and the Secretary of the Treasury to increase the number of land border inspectors for FY 1997 and 1998.
Section 122 -
Amends the Immigration and Nationality Act (Act) to: (1) extend (and enlarge) through FY 2000 land border inspection projects (including commuter lanes); and (2) authorize automated land border entry pilot projects.
Section 123 -
Provides for: (1) preinspection at specified foreign airports serving as departure points for high numbers of inadmissible aliens; and (2) training of airline personnel in fraudulent documentation detection. Establishes a carrier consultant program.
Section 125 -
Authorizes the Attorney General to permit foreign officers at U.S. preclearance facilities. Bases their authority and immunity upon reciprocity with U.S. immigration officers.
Subtitle C - Interior Enforcement
Authorizes appropriations to increase the number of INS investigators and support personnel assigned to investigate: (1) visa overstayers; and (2) employer violations and alien smuggling.
Section 133 -
Amends the Act to authorize the Attorney General to accept State services to carry out immigration enforcement activities.
Section 134 -
Requires at least ten full-time INS agents per State.
Title II - Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud
Subtitle A - Enhanced Enforcement and Penalties Against Alien Smuggling
Amends Federal criminal law to: (1) authorize INS wiretaps for alien smuggling or document fraud investigations; (2) include alien document and smuggling offenses; and (3) include such offenses within the parameters of the Racketeer Influenced and Corrupt Organizations statute (RICO) if done for financial gain.
Section 203 -
Amends the Act to revise and increase criminal penalties for alien smuggling.
Section 204 -
Increases the number of Assistant United States Attorneys by at least 25, and provides for their assignment to criminal matters involving illegal aliens.
Section 205 -
Authorizes and provides for INS undercover operations.
Subtitle B - Deterrence of Document Fraud
Amends Federal criminal law and the Act to increase and establish criminal and civil penalties for specified immigration related document fraud offenses, including false citizenship claims and unlawful voting.
Title III - Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens
Subtitle A - Revision of Procedures for Removal of Aliens
Amends the Act to revise alien removal and penalty provisions, including: (1) inadmissibility of previously removed unlawful aliens; (2) inspection and expedited removal (including a required General Accounting Office study); (3) alien apprehension and detention; (4) removal procedures; (5) judicial review; and (6) penalties relating to removal. Sets forth transition provisions.
Subtitle B - Criminal Alien Provisions
Amends the Act to revise the definition of "aggravated felony."
Section 323 -
Authorizes special registration of aliens on criminal probation or parole.
Section 324 -
Extends criminal liability for illegal reentry to an alien who has departed the United States while under an outstanding order of exclusion or deportation.
Section 326 -
Amends the Violent Crime Control and Law Enforcement Act of 1994 to: (1) direct INS to operate a criminal alien identification system, including fingerprint identification; and (2) increase and extend authorization of appropriations through FY 2001 for the criminal alien tracking center.
Section 328 -
Amends the Act to permit the use of State criminal alien assistance program funds for State, local, and municipal alien incarceration costs. Expresses the sense of the Congress that such funds should be more expeditiously distributed.
Section 329 -
Authorizes the Attorney General to conduct a six-month demonstration project for identification of illegal aliens in local prisons, including the detailing of an INS specialist to Anaheim, California, and Ventura County, California.
Section 330 -
Provides for: (1) the President to negotiate or renegotiate bilateral (alien) prisoner transfer treaties, including provision of compensation; and (2) training of foreign law enforcement personnel. Authorizes appropriations.
Section 331 -
Directs the Secretary of State and the Attorney General to conduct a prisoner transfer treaties study.
Section 332 -
Directs the Attorney General to submit an annual report on criminal aliens.
Section 333 -
Directs the United States Sentencing Commission to: (1) review and promulgate sentencing guidelines with respect to a person conspiring with or assisting an alien to commit an offense under the Controlled Substance Import and Export Act; and (2) promulgate sentencing guidelines for increased penalties for failure to depart, illegal reentry, and passport and visa fraud.
Subtitle C - Revision of Grounds for Exclusion and Deportation
Amends the Act to require (with exceptions) proof of specified health vaccinations for aliens seeking admission as immigrants or for adjustment of status.
Section 342 -
Makes "incitement of terrorist activity" a basis for exclusion.
Section 343 -
Establishes certification requirements for aliens seeking U.S. health care employment (other than physicians).
Section 344 -
Provides for exclusion and deportation of aliens who have falsely claimed U.S. citizenship.
Section 345 -
Authorizes a waiver of exclusion or deportation for civil document fraud under specified family-related circumstances.
Section 346 -
Makes an alien inadmissible for five years for student visa violations.
Section 347 -
Amends Federal criminal law to provide for exclusion and deportation of an alien who has illegally voted.
Section 348 -
Amends the Act with respect to waivers of inadmissibility for: (1) immigrants convicted of crimes; and (2) family hardship.
Section 350 -
Establishes grounds for exclusion and deportation for offenses of domestic violence, stalking, crimes against children, and violation of protection orders.
Section 352 -
Provides for exclusion of former U.S. citizens who renounced citizenship in order to avoid U.S. taxation.
Subtitle D - Changes in Removal of Alien Terrorist Provisions
Amends the Act to revise alien terrorist special removal procedures, including establishment of a panel of special attorneys with access to classified information.
Section 355 -
Revises terrorist related provisions regarding: (1) exclusion for membership; (2) judicial review of terrorist organization designation; and (3) voluntary departure.
Subtitle E - Transportation of Aliens
Amends the Act with regard to vessel, aircraft, and railway transportation of illegal aliens into the United States.
Subtitle F - Additional Provisions
Amends the Act to set forth immigration judge (special inquiry officer) compensation provisions.
Section 372 -
Authorizes the Attorney General to delegate immigration enforcement to State and local officials during circumstances of mass alien arrivals.
Section 373 -
Authorizes payments and cooperative agreements for services, facilities, and equipment with respect to aliens detained by INS in non-Federal institutions.
Section 374 -
Extends the scope of judicial deportation.
Section 376 -
Establishes in the Treasury an Immigration Detention Account.
Section 377 -
Limits court jurisdiction on legalization litigation.
Section 380 -
Establishes: (1) civil penalties for failure to depart; and (2) the Immigration Enforcement Account in the Treasury.
Section 383 -
Amends the Immigration Act of 1990 to exclude aliens who have committed certain crimes from the family unity program.
Section 384 -
Prohibits (with exceptions) an adverse determination of an alien's admissibility or deportability to be made based solely upon information furnished by a spouse or parent who has battered such alien or his or her child. Establishes penalties for use or disclosure of such information.
Section 385 -
Authorizes additional appropriations to the Attorney General for removal of inadmissible or deportable aliens.
Section 386 -
Provides for an increase in INS detention facilities. Requires the Attorney General to report on alien detention space, including an estimate of the number of released deportable or excludable aliens.
Section 387 -
Directs the Attorney General and the Secretary of Defense to establish one or more pilot programs to use closed military bases as detention centers for excludable or deportable aliens.
Section 388 -
Directs the Attorney General to report on the interior repatriation program.
Title IV - Enforcement of Restrictions Against Employment
Subtitle A - Pilot Programs for Employment Eligibility Confirmation
Directs the Attorney General to conduct: (1) three employment eligibility confirmation pilot programs and a pilot program confirmation system; and (2) a citizen attestation pilot program.
Subtitle B - Other Provisions Relating to Employer Sanctions
Reduces specified document requirements in the employer sanctions program.
Section 413 -
Requires reports regarding: (1) additional authority or resources needed for employer sanction enforcement; and (2) earnings of aliens not authorized to work.
Section 415 -
Authorizes the Attorney General to require aliens to provide their social security numbers.
Section 416 -
Grants certain immigration officers witness and document subpoena authority.
Subtitle C - Unfair Immigration
Related Employment Practices - Amends the Act to provide that certain employee document requests by an employer shall only be considered as unfair immigration related employment practices if made for discriminatory purposes.
Title V - Restrictions on Benefits for Aliens
Sets forth statements of congressional policy regarding alien self-reliance and public benefits. Expresses the sense of the Congress that courts should apply the same standard of review to an applicable State law (regarding public benefits for aliens) as used in determining whether an Act of Congress regulating alien eligibility for public benefits meets constitutional scrutiny.
Subtitle A - Ineligibility of Excludable, Deportable, and Nonimmigrant Aliens from Public Assistance and Benefits
Prohibits means-tested public benefits, with specified exceptions, to an alien who is not a permanent resident, a refugee, a parolee, an asylee, an alien under withheld deportation, or a battered individual.
Section 502 -
Prohibits, with specified exceptions, ineligible aliens from receiving any governmentally funded or provided grants, contracts, and licenses.
Section 503 -
Amends the Internal Revenue Code to eliminate the crediting of employment for purposes of unemployment benefits to individuals based upon the status of permanently residing in the United States under color of law.
Section 504 -
Amends the Social Security Act to prohibit social security benefit payments to aliens not lawfully in the United States.
Section 505 -
Requires proof of identity for certain public assistance (SAVE) benefits. Authorizes States to establish similar requirements.
Section 507 -
Makes illegal aliens ineligible for in-state tuition rates at institutions of higher education.
Section 508 -
Requires prior verification of student eligibility for postsecondary Federal student financial assistance.
Section 509 -
Amends the Social Security Act and the Higher Education Act with respect to the transfer of information for INS verification.
Section 510 -
Requires Federal or State verification of an applicant's eligibility for means-tested public benefits (other than hospital benefits) distributed by a nonprofit charitable organization.
Section 511 -
Requires a report by the Comptroller General regarding the receipt of means-tested public benefits by ineligible aliens on behalf of eligible individuals.
Subtitle B - Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge
Amends the Act to expand the public charge grounds for inadmissibility and deportation.
Subtitle C - Affidavits of Support and Attribution of Income
Amends the Act to set forth sponsor affidavit of support requirements.
Section 552 -
Attributes a sponsor's income and resources to the sponsored alien (with exceptions for battered spouses and children and specified assistance) for purposes of Federal means-tested benefits eligibility. Permits similar State and local attribution.
Subtitle D - Miscellaneous Provisions
Amends Federal criminal law to increase penalties for forging or counterfeiting a Federal agency or department seal to facilitate alien benefit fraud.
Section 563 -
Sets forth State and local emergency medical reimbursement provisions.
Section 565 -
Directs the Attorney General to establish a three-year pilot program to permit aliens to post certain public charge bonds. Authorizes appropriations.
Subtitle E - Housing Assistance
Use of Assisted Housing by Aliens Act of 1996 - Amends the Housing and Community Development Act of 1980 with respect to alien rental housing assistance to: (1) prorate public housing assistance based upon family member eligibility; (2) prohibit assistance prior to establishment and verification of eligibility; and (3) prohibit sanctions against entities that make erroneous eligibility determinations.
Subtitle F - General Provisions
States that this title and its amendments shall be effective upon enactment of this Act.
Title VI - Miscellaneous Provisions
Subtitle A - Refugees, Parole, and Asylum
Amends the Act to include in the definition of "refugee" a person who has been subject to a coercive population control program (including abortion or sterilization). Provides for a specified number of such entrants annually.
Section 602 -
Makes parole authority useable on a case-by-case basis for humanitarian reasons or significant public benefit.
Section 603 -
Includes long-term parolees in world-wide levels of family-sponsored immigrants.
Section 604 -
Revises asylum provisions.
Section 605 -
Directs the Attorney General, subject to appropriation availability, to increase the number of asylum officers.
Section 606 -
Repeals the Cuban Adjustment Act, effective upon a presidential determination of a democratically elected government in Cuba.
Subtitle B - Miscellaneous Amendments to the Immigration and Nationality Act
Amends the Act as amended by the Violent Crime Control and Law Enforcement Act of 1994 to increase the number of "witness cooperation" visas.
Section 622 -
Amends the Immigration and Technical Corrections Act of 1994 to extend through June 1, 2002, the foreign country residence waiver for international medical graduates. Sets forth restrictions for federally requested waivers.
Section 623 -
Revises legalization and special agricultural worker confidentiality provisions to permit specified disclosures.
Section 624 -
States that a labor certification and petition for certain professional athletes shall remain valid for same-sport team changes.
Section 625 -
Prohibits foreign student status for an alien in a public elementary school or a publicly funded adult education program. Prohibits such status at a public secondary school unless the period in question does not exceed 12 months and the alien has reimbursed the appropriate school agency. Prohibits transfer from a private educational program to such public programs unless the required provisions are met.
Section 626 -
Authorizes the Attorney General to use appropriated funds to transport for burial the remains of INS officers or Border Patrol agents killed in the line of duty.
Subtitle C - Provisions Relating to Visa Processing and Consular Efficiency
Amends the Act to: (1) extend immigrant visa validity to six months; and (2) authorize nonimmigrant visa reciprocity for refugees and permanent residents.
Section 632 -
Eliminates "consular shopping" for visa overstayers.
Section 635 -
Extends the visa waiver program through FY 1997. Sets forth duration and termination provisions based upon a participating country's (nationals) disqualification rate.
Section 636 -
Authorizes a diversity immigrant lottery fee.
Section 637 -
Grants FY 1997 priority eligibility to certain FY 1995 diversity program aliens.
Subtitle D - Other Provisions
Directs the Attorney General to collect specified foreign student information from certain institutions of higher education and visitor exchange programs. Expands the program to all countries' nationals after a specified time.
Section 642 -
Prohibits restrictions on INS-governmental communications.
Section 644 -
Directs INS to make information (including legal consequences) available to aliens regarding female genital mutilation. Amends Federal criminal law to establish criminal penalties for such acts performed on persons under 18 years old, with specified exceptions.
Section 646 -
Provides for status adjustment to permanent resident of specified Polish and Hungarian parolees.
Section 647 -
Makes specified funds available in FY 1997 through 2001 for naturalization demonstration projects.
Section 649 -
Amends Federal law to provide for Federal vessel movement controls in instances of anticipated or actual mass migration of aliens to the United States.
Section 650 -
Directs the Attorney General to report on the practices of entities that administer certain English and civics tests.
Section 651 -
Designates a specified United States Customs Administrative Building in El Paso, Texas, as the Timothy C. McCaghren Customs Administrative Building.
Section 652 -
Requires: (1) the Attorney General to report on the mail order bride business; and (2) such businesses to disseminate immigration-related information to recruits. Imposes civil penalties for noncompliance.
Section 653 -
Directs the Comptroller General to report on the effectiveness of the H-2A nonimmigrant worker program.
Section 654 -
Directs the Commissioner of the United States Customs Service to report on allegations of commercial harassment by Canadian customs agents along the United States - New Brunswick border. Expresses the sense of the Congress concerning the discriminatory application of the New Brunswick Provincial Sales Tax on goods purchased in the United States by New Brunswick residents.
Section 656 -
States that Federal agencies shall only accept birth certificates and drivers licenses for identification purposes that meet specified standards (as of specified dates). Provides grants to assist States to: (1) meet such Federal standards; and (2) match birth and death records.
Section 657 -
Directs the Commissioner of Social Security to develop a prototype of a counterfeit-proof social security card.
Section 658 -
Authorizes the Attorney General to transfer equipment and memorabilia to the Border Patrol Museum and Memorial Library Foundation in Texas.
Section 660 -
Amends Federal law to authorize INS to use National Guard personnel and equipment to transport certain criminal aliens.
Subtitle E - Technical Corrections
Makes technical amendments to: (1) the Violent Crime Control and Law Enforcement Act of 1994; (2) the Immigration and Nationality Technical Corrections Act of 1994; (3) the Immigration Reform and Control Act of 1986; (4) the Immigration Act of 1990; (5) the Intelligence Authorization Act, Fiscal Year 1990; and (6) the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

Slip Laws

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United States Code

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Statutes at Large

The United States Statutes at Large is the compilation of all laws enacted by Congress.

  • 19 Stat. 370
  • 63 Stat. 395
  • 63 Stat. 396
  • 94 Stat. 1637

Other Citations

  • 5 U.S.C. Chapter 81
  • 18 U.S.C. Chapter 7