T5 B47 Ins Enforcement 2 Of 2 Fdr- Entire Contents- Withdrawal Notice For Draft Chp 2- Congress And Law Records- 1st Pgs For Reference

CONGRESSIONAL ACTION ON IMMIGRATION & NATURALIZATION SERVICE BUDGET REQUESTS FY 1995 THROUGH FY 2001

WITHDRAWAL NOTICE

Series: Team 5 Files Folder: J. Kephart's Work Files: INS Enforcement (2 of 2) Date: n.d. Pages: 4 Description: Draft of Chapter 2 of the Commission's Final Report

Reason for withdrawal: classification review pending

Box 47 Withdrawn by: k.m., 01/07/2009

Untitled

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ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT OF 1996 TITLE I-IMPROVEMENTS TO BORDER CONTROL, FACILITATION OF LEGAL ENTRY, AND INTERIOR ENFORCEMENT Subtitle A-lmproved Enforcement at the Border Sec. 101. Border patrol agents and support personnel. Sec. 102. Improvement of barriers at border. Sec. 103. Improved border equipment and technology. Sec. 104. Improvement in border crossing identification card. Sec. 105. Civil penalties for illegal entry. Sec. 106. Hiring and training standards. Sec. 107. Report on border strategy. Sec. 108. Criminal penalties for high speed flights from immigration checkpoints. Sec. 109. Joint study of automated data collection. Sec. 110. Automated entry-exit control system. Sec. 111. Submission of final plan on realignment of border patrol positions from interior stations. Sec. 112. Nationwide fingerprinting of apprehended aliens. Subtitle B--Facilitation of Legal Entry Sec. 121. Land border inspectors. Sec. 122. Land border inspection and automated permit pilot projects. Sec. 123. Preinspection at foreign airports. Sec. 124. Training of airline personnel in detection of fraudulent documents. Sec. 125. Preclearance authority.

http://www.visalaw.com/docs/IIRIRA/IIRIRA.html

6/17/2004

IIRIRA 96 - Title III, Subtitle A

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Subtitle A - Revision of Procedures for Removal of Aliens Section 301. Treating Persons Present in the US. The entire exclusion/deportation system is largely modified in Title III and the concept of entry is eliminated in this section. It is now replaced by the concept of "admission" which means the lawful entry of an alien into the US after inspection by an immigration officer. Aliens are either admissible or inadmissible as opposed to "excludable." There is now just one procedure for removing aliens from the US as opposed to the current system of "exclusion" and "deportation" proceedings. This section adds new language stating that arriving individuals who were held inadmissible within the previous five years are inadmissible (20 years if deported more than once or if the alien is convicted of an aggravated felony). Those ordered "removed" from the US are barred for ten years from seeking admission (or within 20 years if removed more than once from the US or permanently barred if ever convicted of an aggravated felony). Two of the harshest provisions in the new law are also contained in this section. Any alien (other than a green card holder) who is in the US for a period of more than 180 days but less than a year is inadmissible to the US for a period of three years. Persons unlawfully present in the US for one year or more are inadmissible for ten years. Those unlawfully present include visa overstayers and those who entered the US without legal admission. Whether this means that persons already in the US who do are not seeking to enter the US are safe is not clear and this point is sure to be contended. There are a few exception to the above-stated bars. The following periods of time do not count toward the bars: • time when a person is under 18 years of age • time when a person has a bona fide asylum application pending (unless the person is unlawfully employed during this time) • periods when a person is the beneficiary of a family unity petition Battered women and children are also exempt from the bars. For persons who timely file for a change or extension of non-immigrant status, the time spent waiting for a decision does not count toward the bar until 120 days pass. The bar may be waived for aliens who are the sons and daughters of US citizens or permanent residents who can demonstrate the bar would result in extreme hardship to the citizen or lawful permanent resident spouse or parent of the alien. The INS' decision on this matter cannot be appealed to a court. The time counted toward the bars will only begin to be counted after April 1, 1997 (though it is reported that some government officials are already applying the provision). Previous periods of time spent out of status in the US will not count toward the bar. Section 302. Inspection of Aliens; Expedited Removal of Inadmissible Arriving Aliens; Referral for Hearing. This controversial section establishes a summary screening program which allows an INS officer who determines that an alien is inadmissible to order the alien removed from the US without a further hearing or review unless the alien indicates an intention to apply for asylum.

http://www.visalaw.com/docs/IIRIRA/3a.html

6/17/2004