Comprehensive Immigration and Asylum Reform Act of 1994

TABLE OF CONTENTS:

Title I: Alien Smuggling Control

Title II: Port of Entry Inspections

Title III: Penalties for Document Fraud and Misrepresentation

Title IV: Asylum Reform

Title V: Illegal Immigration and Border Security

Title VI: Border Crossing User Fee

Title VII: Detention of Illegal Aliens

Title VIII: Public Benefits Abuse

Title IX: Work Authorization Verification

Title X: Numerical Limitations on Admission of Aliens into

the United States

Title XI: Miscellaneous Provisions

Comprehensive Immigration and Asylum Reform Act of 1994 - Title I: Alien Smuggling Control - Amends the Immigration and Nationality Act to: (1) increase the penalty for alien smuggling; (2) provide an additional penalty for a smuggler who subjects an alien to a substantial risk of death or bodily harm; and (3) subject any smuggler to the death penalty for causing the death of an alien.

(Sec. 103) Makes it a crime to smuggle aliens for the purpose of committing crimes in the United States.

(Sec. 104) Adds smuggling to RICO.

(Sec. 105) Expands Immigration and Naturalization Service (INS) seizure authority to permit the seizure of any property used for smuggling or harboring aliens.

(Sec. 106) Grants the INS wiretap authority for alien smuggling investigations.

(Sec. 111) Expands the definition of aggravated felony for purposes of the immigration laws to include firearms violations, child pornography, RICO violations, and specified other crimes.

(Sec. 112) Presumes deportable any alien convicted of an aggravated felony. Provides for the elimination of an administrative hearing for an alien convicted of an aggravated felony who is not lawfully admitted for permanent resident or is a conditional permanent residence. Eliminates other specified deportation procedures for such aliens.

(Sec. 113) Permits a U.S. district court to enter a judicial order of deportation at the time of sentencing an alien.

(Sec. 114) Restricts certain defenses to deportation available for certain criminal aliens.

(Sec. 115) Increases criminal and civil penalties for failing to depart.

Title II: Port of Entry Inspections - Makes excludable any alien who presents forged, stolen, altered, or counterfeit documents. Excepts those with a credible fear of persecution or of return to persecution who used such documents. Defines credible fear of persecution or of return to persecution.

(Sec. 203) Restricts judicial review to limited habeas corpus proceedings.

Title III: Penalties for Document Fraud and Misrepresentation - Increases penalties for fraud and misuse of immigration documents and government issued identification documents.

(Sec. 302) Establishes civil and criminal penalties for the preparers of false documents.

(Sec. 303) Makes it unlawful to present fraudulent documents before boarding a common carrier or upon arrival.

Title IV: Asylum and Reform - Places limits on an asylum applicant's authority to work.

(Sec. 403) Grants the Attorney General authority for two years for a program to address the asylum backlog.

(Sec. 405) Precludes counting any time in deportation proceedings towards the seven consecutive years defense.

Title V: Illegal Immigration and Border Security - Provides for the hiring of 125 additional INS investigators and support staff. Provides additional funding for deportation costs.

Title VI: Border Crossing User Fee - Providers for the imposition of fees at ports of entry sufficient to cover the INS's costs of maintaining and operating port of entry facilities. Requires fees to be deposited in the Land Border User Fee Account. Provides for the funding of 100 additional Border Patrol agents and support personnel from the Account.

Title VII: Detention of Illegal Aliens - Provides for a two year pilot program of using closed military bases for the detention of illegal aliens.

Title VIII: Public Benefits Abuse - Prohibits any unlawful alien from receiving any financial benefits under any Federal program except for specified emergency health care or child nutrition programs.

(Sec. 802) Attributes sponsor income to family preference aliens.

Title IX: Work Authorization Verification - Provides for the development and implementation of a counterfeit-resistant system to verify work eligibility and Federally-funded public assistance benefits eligibility for all individuals within the United States. Prohibits any document which may be issued under such program from being used as a national identification card.

Title X: Numerical Limitations on Admission of Aliens into the United States - Reduces worldwide immigration during FY 1995 through 1999. Limits numerically the number of refugees that may be admitted in any year, unless the Congress enacts an exception.

Title XI: Miscellaneous Provisions - Provides for the availability of information for use in criminal prosecutions. Provides for communications between Federal agencies and the INS.