,,ii #aaith ,,congress #b;d ,session ,s4 #dihc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ae1 #bjbf ,mr4 ,moreno introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to curb criminal activity by aliens1 to defend against acts of international terrorism1 to protect ,american workers from unfair labor competition1 and to relieve pressure on public services by strengthening border security and stabilizing immigration into the ,united ,states4 #a4 ,short title ,this ,act may be cited as the ,harry ,reid ,immigration ,stabilization ,act4 #b4 ,table of titles ,title ,i--,admission of immigrants ,title ,,ii--,admission of refugees ,title ,,iii--,asylum reform ,title ,,iv--,criminal aliens ,title ,v--,financial responsibility ,title ,,vi--,employer sanctions ,title ,,vii--,border security ,title ,,viii--,alien smuggling ,title ,,ix--,local cooperation ,title ,x--,citizenship #c4 ,effective date ,except where otherwise specifically provided1 the provisions of this ,act are effective for fiscal years after fiscal year #bjbf4 ,i ,admission of immigrants #aja4 ,worldwide levels of immigration ,section #bja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7 is amended-- 7a7 by striking subsection 7c7 and inserting3 7c7 ,the worldwide level of family-sponsored immigrants is-- 7i7 #cjj1jjj1 minus 7ii7 the sum of-- 7,a7 the number of refugees admitted under section #bjg in the preceding fiscal year1 and 7,b7 the number of aliens described in sections #bja7;b77#b7 and #bjc7;b7 who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the ,united ,states for permanent residence in the previous fiscal year2 2 7b7 by striking subsection 7d7 and inserting3 7d7 ,the worldwide level of employment-based immigrants is #dj1jjj 2 and 7c7 by striking #ee1jjj from subsection 7e7 and inserting zero4 #ajb4 ,allotment of visas ,section #bjc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7 is amended by-- 7a7 adding the following paragraph to subsection 7a73 7#e7 ,if the worldwide level of family-sponsored immigrants for any fiscal year is less than #bbf1jjj1 then the maximum number of visas that can be allotted to any class of family-sponsored immigrants under this subsection shall be proportionately reduced for that fiscal year2 2 7b7 striking subsection 7b7 and inserting3 7b7 ,allocation for employment-,based immigrants ,visas shall be made available in a number not to exceed the worldwide level of employment-based immigrants to qualified immigrants who are aliens described in any of the following paragraphs 7#a7 through 7#c74 7#a7 ,aliens with extraordinary ability ,an alien is described in this paragraph if-- 7,a7 the alien has extraordinary ability in the sciences1 arts1 education1 business1 or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation1 7,b7 the alien seeks to enter the ,united ,states to continue work in the area of extraordinary ability1 and 7,c7 the alien's entry into the ,united ,states will substantially benefit prospectively the ,united ,states4 7#b7 ,outstanding professors and researchers ,an alien is described in this paragraph if-- 7,a7 the alien is recognized internationally as outstanding in a specific academic area1 7,b7 the alien has at least #c years of experience in teaching or research in the academic area1 and 7,c7 the alien seeks to enter the ,united ,states-- 7i7 for a tenured position 7or tenure-track position7 within a university or institution of higher education to teach in the academic area1 7ii7 for a comparable position with a university or institution of higher education to conduct research in the area1 or 7iii7 for a comparable position to conduct research in the area with a department1 division1 or institute of a private employer1 if the department1 division1 or institute employs at least #c persons full-time in research activities and has achieved documented accomplishments in an academic field4 7#c7 ,certain multinational executives and managers ,an alien is described in this paragraph if the alien1 in the #c years preceding the time of the alien's application for classification and admission into the ,united ,states under this paragraph1 has been employed for at least #a year by a firm or comporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the ,united ,states in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive4 4 7c7 striking subsection 7c7 and inserting3 7c7 ,visas shall be made available to employment-related immigrants in the order in which a petition on behalf of each such immigrant is filed with the ,attorney ,general and waiting lists of applicants for visas shall be maintained in accordance with regulations prescribed by the ,secretary of ,state4 2 7d7 striking 7a71 7b71 or 7c7 from subsections 7d71 7f71 and 7g7 and inserting 7a7 or 7b72 7e7 striking subsection 7e72 and 7f7 renumbering subsections 7f7 and 7g7 as 7e7 and 7f71 respectively4 #ajc4 ,approval of petitions ,section #bjd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7 is amended by-- 7a7 striking from subsection 7a77#a77;,a7 the classification by reason of a relationship described in paragraph 7#a71 7#c71 or 7#d7 of section #bjc7;a7 or2 7b7 striking from subsection 7a77#a7 subparagraphs 7,b71 7,c71 7,d71 7,e71 7,f71 7,g71 and inserting3 7,b7 ,any alien desiring to be classified under section #bjc7;b71 or any person on behalf of such an alien1 may file a petition with the ,attorney ,general for such classification4 2 7c7 striking from subsection 7e7 as an immigrant under subsection 7a71 7b71 or 7c7 of section #bjc or2 7d7 striking from subsection 7f77i7 1 #bjc7;a77#a71 or #bjc7;a77#c71 as appropriate2 and 7e7 adding3 7h7 ,notwithstanding any other provision of this section1 the ,attorney ,general shall not approve after ,september #cj1 #bjbf1 any petitions other than for immediate relative status under section #bja7;b77#b7 or classification by reason of a relationship described in section #bjc7;b74 4 #ajd4 ,conforming amendments ,the ,immigration and ,nationality ,act is amended by-- 7a7 striking from section #bja7;b77#b77;,a77i7 the children1 spouses1 and parents of a citizen of the ,united ,states1 except that1 in the case of parents1 such citizens shall be at least #ba years of age and inserting children and spouses of a citizen of the ,united ,states2 7b7 striking from section #bjc7;a77#a7 ,unmarried sons or daughters of citizens4--,qualified immigrants who are the unmarried sons or daughters of citizens or the ,united ,states and inserting ,parents of adult ,united ,states citizens4--,qualified immigrants who are the parents of citizens of the ,united ,states who are at least #ba years of age2 and 7c7 striking ,married and married from section #bjc7;a77#c7 4 ,,ii ,admission of refugees #bja4 ,number of admissions ,section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7 is amended by striking subsection 7a7 and inserting3 7a7 ,except as provided in subsection 7b71 the number of refugees who may be admitted under this section in any fiscal year may not exceed #ej1jjj4 ,admissions under this subsection shall be allocated by the ,president among refugees of special humanitarian concern to the ,united ,states4 4 #bjb4 ,nondiscrimination in refugee admissions 7a7 ,public ,law #hi-gcb1 as amended by ,public ,law #id-ega1 is repealed4 7b7 ,section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7 is amended by adding after subsection 7e7 thereof3 7f7 ,determinations of the allocation of admissions under subsections 7a7 and 7b71 determinations of admissions under subsection 7c71 and procedures for the determination of refugee status shall not discriminate in favor of or against any alien on the basis of the alien's race1 religion1 nationality1 membership in a particular social group1 or political opinion4 4 ,,iii ,asylum reform #cja4 ,inspection and exclusion by immigration officers 7a7 ,inspection of aliens ,section #bce7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77 is amended to read as follows3 7b7 ,inspection and exclusion by immigration officers 7#a7 ,an immigration officer shall inspect each alien who is seeking entry to the ,united ,states4 7#b7 7,a7 ,if the examining immigration officer determines that an alien seeking entry-- 7i7 does not present the documentation required 7if any7 to obtain legal entry to the ,united ,states2 and 7ii7 does not indicate either an intention to apply for asylum 7under section #bjh7 or a fear of persecution1 the officer shall order the alien excluded from the ,united ,states without further hearing or review4 7,b7 ,the examining immigration officer shall refer for immediate inspection at a port of entry by an asylum officer under subparagraph 7,c7 any alien who has indicated an intention to apply for asylum or a fear of persecution4 7,c7 7i7 ,if an asylum officer determines that an alien has a credible fear of persecution1 the alien shall be entitled to apply for asylum under section #bjh4 7ii7 ,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 review4 7#c7 7,a7 ,except as provided in subparagraph 7,b71 if the examining immigration officer determines that an alien seeking entry is not clearly and beyond a doubt entitled to enter1 the alien shall be detained for a hearing before a special inquiry officer4 7,b7 ,the provisions of subparagraph 7,a7 shall not apply-- 7i7 to an alien crewman1 7ii7 to an alien described in paragraph 7#b77;,a7 or #b7;,c77ii77,i71 or 7iii7 if the conditions described in section #bgc7;d7 exist4 7#d7 ,the decision of the examining immigration officer1 if favorable to the admission of any alien1 shall be subject to challenge by any other immigration officer and such challenge shall operate to take the alien1 whose privilege to enter is so challenged1 before a special inquiry officer for a hearing on exclusion of the alien4 7#e7 7,a7 ,subject to subparagraph 7,b71 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 subsection4 7,b7 ,an alien who 7i7 is physically present in the ,united ,states1 7ii7 has been physically present in the ,united ,states for a continuous period of one year1 and 7iii7 has not been inspected and admitted by an immigration officer shall be deemed to have entered the ,united ,states without inspection4 7#f7 ,interior repatriation ,the ,secretary of ,state shall undertake to enter into1 on behalf of the ,united ,states1 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 deportation1 under a grant of voluntary departure with safeguards1 or at a time when the alien is in federal custody shall be transported to a point in the contiguous country that1 to the extent practicable1 is not less than #ejj kilometers from the border of the ,united ,states4 4 7b7 ,grounds for exclusion ,section #bba7;a77#f7 of the ,immigration and ,nationality ,act is amended by adding the following paragraphs3 7,g7 7i7 ,any alien who1 in seeking entry to the ,united ,states or boarding a common carrier for the purpose of coming to the ,united ,states1 presents any document which is forged1 counterfeit1 altered1 falsely made1 stolen1 or inapplicable to the alien presenting the document1 or otherwise contains a misrepresentation of a material fact1 shall be excluded4 7ii7 ,subparagraph 7ii7 shall not apply to an alien if1 in the determination of the asylum officer1 the document or documents to which that subparagraph refers were presented by the alien solely to enable the alien to depart directly from-- 7,a7 a country in which the alien had a credible fear of persecution2 or 7,b7 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 persecution4 7iii7 ,for the purposes of this subparagraph1 the term credible fear of persecution means 7,i7 that it is more probable than not that the statements made by the alien in support of his or her claim are true1 and 7,,ii7 that there is a significant possibility1 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 #bjh4 7,h7 ,any alien who1 in boarding a common carrier for the purpose of coming to the ,united ,states1 presents a document that relates or purports to relate to the alien's eligibility to enter the ,united ,states1 and fails to present such document to an immigration officer upon arrival at a port of entry into the ,united ,states1 shall be excluded4 4 7b7 ,conforming amendments ,section #bcg7;a7 7#h ,u4,s4,c4 #abbg7;a77 is amended-- 7#a7 in the second sentence of paragraph 7#a7 by striking ,deportation and inserting ,subject to section #bce7;b77#b71 deportation2 and 7#b7 in the first sentence of paragraph 7#b7 by striking ,if and inserting ,subject to section #bce7;b77#b71 if4 #cjb4 ,asylum 7a7 ,in general ,section #bjh 7#h ,u4,s4,c4 #aaeh7 is amended to read as follows3 #bjh4 7a7 ,asylum 7#a7 ,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 section4 7#b7 ,conditions for granting 7,a7 ,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 7or1 in the case of a person having no nationality1 the country in which such alien last habitually resided7 such alien would be arrested and incarcerated or such alien's life would be threatened on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion4 7,b7 ,exception ,subparagraph 7,a7 shall not apply to an alien if the ,attorney ,general determines that-- 7i7 the alien ordered1 incited1 assisted1 or otherwise participated in the persecution of any person on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion2 7ii7 the alien1 having been convicted by a final judgment of a particularly serious crime1 constitutes a danger to the community of the ,united ,states2 7iii7 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 ,states2 7iv7 there are reasonable grounds for regarding the alien as a danger to the security of the ,united ,states2 or 7v7 a country willing to accept the alien has been identified 7other than the country described in subparagraph 7,a77 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 race1 religion1 nationality1 membership of a particular social group1 or political opinion4 ,for purposes of clause 7ii71 an alien who has been convicted of an aggravated felony shall be considered to have committed a particularly serious crime4 ,the ,attorney ,general shall promulgate regulations that specify additional crimes that will be considered to be a crime described in clause 7ii7 or clause 7iii74 7#c7 ,asylum status ,in the case of any alien granted asylum under paragraph 7#b71 the ,attorney ,general1 in accordance with this section-- 7,a7 shall not deport or return the alien to the country described under paragraph 7#b77;,a72 7,b7 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 permit2 and 7,c7 may allow the alien to travel abroad with the prior consent of the ,attorney ,general1 except that such travel may not be authorized to the country from which the alien claimed to be fleeing persecution4 7#d7 ,termination ,asylum granted under paragraph 7#b7 shall be terminated if the ,attorney ,general1 pursuant to such regulations as the ,attorney ,general may prescribe1 determines that-- 7,a7 the alien no longer meets the conditions described in paragraph 7#b7 owing to a change in circumstances in the alien's country of nationality or1 in the case of an alien having no nationality1 in the country in which the alien last habitually resided2 7,b7 the alien meets a condition described in paragraph 7#b72 7,c7 a country willing to accept the alien has been identified 7other than the country described in paragraph 7#b77 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 race1 religion1 nationality1 membership in a particular social group1 or political opinion2 or 7,d7 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 persecution4 7#e7 ,acceptance by another country ,in the case of an alien described in paragraph 7#b77;,c77v7 or paragraph 7#d77;,c71 the alien's deportation or return shall be directed by the ,attorney ,general in the sole discretion of the ,attorney ,general1 to any country which is willing to accept the alien into its territory 7other than the country described in paragraph 7#b774 7b7 ,asylum procedure 7#a7 ,applications 7,a7 ,in general 7i7 ,deadline ,subject to clause 7ii71 an alien's application for asylum shall not be considered under this section unless-- 7,i7 the alien has filed1 not later than #cj days after entering or coming to the ,united ,states1 notice of intention to file such an application1 and 7,,ii7 such application is actually filed not later than #de days after entering or coming to the ,united ,states4 7ii7 ,exception ,an application for temporary asylum may be considered1 notwithstanding that the requirements of clause 7i7 have not been met1 only if the alien demonstrates by clear and convincing evidence changed circumstances in the alien's country of nationality 7or in the case of an alien with no nationality1 in the country where the alien last habitually resided7 affecting eligibility for asylum4 7,b7 ,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 ,general4 7,c7 ,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 7a77#c77;,b74 7,d7 ,notice of privilege of counsel and consequences of frivolous application ,at the time of filing a notice of intention to apply for asylum1 the alien shall be advised of the privilege of being represented 7at no expense to the government7 by such counsel1 authorized to practice in such proceedings1 as the alien shall choose and of the consequences1 under subsection 7d71 of filling a frivolous application for temporary asylum4 7#b7 ,consideration of applications2 hearings 7,a7 ,asylum officers ,applications for temporary asylum shall be considered by officers of the ,service 7referred to in this ,act as asylum officers7 who are specially designated by the ,service as having special training and knowledge of international conditions and human rights records of foreign countries4 ,pending the designation of such officers1 individuals who as of the date of the enactment of the ,harry ,reid ,immigration ,stabilization ,act are authorized to perform duties as asylum officers shall be deemed to be qualified to be asylum officers for purposes of this ,act4 7,b7 ,scheduling of hearings 7i7 ,in general ,upon the filing of an application for asylum1 an asylum officer1 at the earliest practicable time and after consultation with the attorney for the ,government and the attorney 7if any7 for the applicant1 shall set the application for hearing on a day certain or list it on a weekly or other short-term calendar1 so as to assure a speedy hearing4 7ii7 ,deadline ,unless the applicant 7or an attorney for the applicant7 consents in writing to the contrary1 the hearing on the asylum application shall commence not later than #de days after the date the application was filed4 7,c7 ,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 public4 7,d7 ,rights in hearings ,the officer shall1 to the extent practicable1 conduct the hearing in a nonadversarial manner4 ,during such hearing1 the applicant shall have the privilege of the assistance and participation of counsel 7as provided under paragraph 7#a77;,d77 and both the government and the applicant shall be entitled to present evidence and witnesses1 to examine and object to evidence1 and to cross-examine all witnesses4 7,e7 ,country conditions ,an officer may request opinions regarding country conditions from the ,secretary of ,state1 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 asylum4 7,f7 ,transcript of hearings ,a complete record of the proceedings and of all testimony and evidence produced at the hearing shall be kept4 ,the hearing shall be recorded verbatim4 ,the ,attorney ,general and the ,service shall provide that a transcript of a hearing held under this section is made available not later than #aj days after the date of completion of the hearing4 7,g7 ,deadline for determinations on applications ,the officer shall render a determination on the application not later than #cj days after the date of completion of the hearing4 ,the determination of the officer shall be based only on the officer's knowledge of international conditions and human rights records of foreign countries1 and evidence produced at the hearing4 7,h7 ,resource allocation ,the ,attorney ,general shall allocate sufficient resources so as to assure that applications for asylum are heard and determined on a timely basis4 ,however1 nothing in this paragraph relating to scheduling or deadlines shall be construed as creating any right or benefit1 substantive or procedural1 which is legally enforceable by any party against the ,united ,states1 its agencies1 its officers1 or any other person4 7,i7 ,sanctions for failure to appear 7i7 ,subject to clause 7ii71 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 7as defined in section #bdb;,b7f77#b77 as determined by the asylum officer4 7ii7 ,clause 7i7 shall not apply if written and oral notice were not provided as required by section #bdb;,b7e77#d77;,b74 7iii7 ,except in exceptional circumstances 7as defined in section #bdb;,b7f77#b771 an application summarily dismissed in accordance with ,clause 7i7 shall not be reopened or reconsidered nor shall a new application for asylum be entertained by the ,attorney ,general at any time4 7,j7 ,finality of determinations 7i7 ,in general ,the decision of the asylum officer shall be the final administrative determination of a claim for asylum4 7ii7 ,treatment of cases in exclusion or deportation ,if proceedings are instituted against an alien under section #bce or #bdb of this ,act and the alien files an application for asylum based on circumstances described in subsection 7b77#a77;,a77ii71 the asylum officer shall render1 on an expedited basis1 a decision on the application4 7c7 ,asylum status adjustments 7#a7 ,adjustment of status ,under such regulations as the ,attorney ,general may prescribe1 the ,attorney ,general shall adjust to the status of an alien granted asylum the status of any alien granted asylum under subsection 7a77#b77;,a7 who-- 7,a7 applies for such adjustment2 7,b7 has been physically present in the ,united ,states for at least #c years after being granted asylum2 7,c7 continues to be eligible for asylum under this section2 and 7,d7 is admissible under this ,act at the time of examination for adjustment of status under this subsection4 7#b7 ,treatment of spouse and children ,a spouse or child 7as defined in section #aja7;b77,a71 7,b71 7,c71 7,d71 or 7,e77 of an alien whose status is adjusted to that of an alien granted asylum under paragraph 7a77#b7 may be granted the same status as the alien if accompanying1 or following to join1 such alien4 7#c7 ,application fees ,the ,attorney ,general may impose a reasonable fee for the filing of an application for asylum under this subsection4 7d7 ,denial of immigration benefits for frivolous applications 7#a7 ,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 7b77#a77;,d77i71 the alien shall be permanently ineligible for any benefits under this ,act1 effective as of the date of a final determination on such application4 7#b7 ,treatment of fraudulent or material misrepresentations ,for purposes of this subsection1 an application considered to be frivolous includes1 but is not limited to1 an application which is fraudulent or otherwise contains a willful misrepresentation or concealment of a material fact4 4 #cjc4 ,failure to appear for asylum hearing ,section #bd;,b7e77#d7 7#h ,u4,s4,c4 #abeb;b7e77#d77 is amended in subparagraph 7,a71 by striking all after clause 7iii7 and inserting shall not be eligible for any benefits under this ,act44 #cjd4 ,judicial review 7a7 ,section #bce of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7 is amended by adding at the end thereof3 7d7 ,notwithstanding any other provision of law1 no court shall have jurisdiction to review1 except by petition for habeas corpus1 any determination made with respect to an alien found excludable pursuant to titles ,i or ,,ii of this ,act4 ,in any such case1 review by habeas corpus shall be limited to examination of whether the petitioner 7,i7 is an alien1 and 7,,ii7 was ordered excluded from the ,united ,states pursuant to the provisions of this ,act4 ,regardless of the nature of the suit or claim1 no court shall have jurisdiction except as provided in this paragraph to consider the validity of any adjudication or determination of exclusion1 to certify a class in an action challenging the exclusion provisions of this ,act or any portion or implementation thereof1 or to provide declaratory or injunctive relief with respect to the exclusion of any alien4 7e7 ,in any action brought for the assessment of penalties for improper entry or re-entry of an alien under sections #bge1 #bgf1 #bgg or #bgh of the ,immigration and ,nationality ,act1 no court shall have jurisdiction to hear claims collaterally attacking the validity of orders of exclusion1 or deportation entered under sections #bce1 #bcf1 or #bdb of that ,act4 4 #cje4 ,conforming amendments 7a7 ,limitation on deportation ,section #bdc 7#h ,u4,s4,c4 #abec7 is amended by striking subsection 7h74 7b7 ,adjustment of status ,section #bji7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaei7;b77 is amended-- 7#a7 in paragraph 7#b7 by striking one year and inserting #e years2 and 7#b7 by amending paragraph 7#c7 to read as follows3 7#c7 continues to be eligible for asylum under section #bjh1 4 7c7 ,aliens ineligible for temporary protected status ,section #bdd;,a7c77#b77;,b77ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7c77#b77;,b77ii77 is amended by striking section #bdc7;h77#b7 and inserting clauses 7i71 7ii71 7iii71 or 7iv7 of section #bjh7;a77#b77;,c74 7d7 ,eligibility for naturalization ,section #caf7;f77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adbg7;f77#a77 is amended by striking subparagraphs 7,a7 through 7,d7 of paragraph #bdc7;h77#b7 and inserting clauses 7i71 7ii71 7iii71 or 7iv7 of section #bjh7;a77#b77;,c74 7e7 ,family unity ,section #cja7;e7 of the ,immigration ,act of #aiij 7,public ,law #aja-fdi7 is amended by striking section #bdc7;h77#b7 and inserting clauses 7i71 7ii71 7iii71 or 7iv7 of section #bjh7;a77#b77;,c74 #cjf4 ,effective dates 7a7 ,in general ,except as otherwise provided1 the amendments made by this title shall take effect on the date of the enactment of this ,act4 7b7 ,exceptions 7#a7 ,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 #ahj days after the date of the enactment of this ,act and no application for asylum under section #bjh of the ,immigration and ,nationality ,act 7as amended by section #bja of this ,act7 shall be considered before such first day4 7#b7 ,in applying section #bjh7;b77#a77;,a7 of the ,immigration and ,nationality ,act 7as amended by this title7 in the case of an alien who has entered or came to the ,united ,states before the first day described in paragraph 7#a71 notwithstanding the deadlines specified in such section-- 7,a7 the deadline for the filing of a notice of intention to file an application for asylum is #cj days after such first day1 and 7,b7 the deadline for the filing of the application for asylum is #de days after the date of filing such notice4 7#c7 ,the amendments made by section #cje7;b7 7relating to adjustment of status7 shall not apply to aliens granted asylum under section #bjh of the ,immigration and ,nationality ,act1 as in effect before the date of the enactment of this ,act4 ,,iv ,criminal aliens #dja4 ,expansion in definition of aggravated felony 7a7 ,expansion in definition ,section #aja7;a77#dc7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc7 is amended to read as follows3 7#dc7 ,the term aggravated felony means-- 7,a7 murder2 7,b7 any illicit trafficking in any controlled substance 7as defined in section #ajb of the ,controlled ,substances ,act71 including any drug trafficking crime as defined in section #ibd7;c7 of title #ah1 ,united ,states ,code2 7,c7 any illicit trafficking in any firearms or destructive devices as defined in section #iba of title #ah1 ,united ,states ,code1 or in explosive materials as defined in section #hda7;c7 of title #ah1 ,united ,states ,code2 7,d7 any offense described in 7i7 section #aief of title #ah1 ,united ,states ,code 7relating to laundering of monetary instruments7 or 7ii7 section #aieg of such title 7relating to engaging in monetary transactions in property derived from specific unlawful activity7 if the value of the funds exceeded #ajj1jjj2 7,e7 any offense described in-- 7i7 subsection 7h7 or 7i7 of section #hdb1 title #ah1 ,united ,states ,code1 or subsection 7d71 7e71 7f71 7g71 7h71 or 7i7 of section #hdd of title #ah1 ,united ,states ,code 7relating to explosive materials offenses71 7ii7 paragraph 7#a71 7#b71 7#c71 7#d71 or 7#e7 of section #ibb7;g71 or section #ibb7;j71 section #ibb7n71 section #ibb7o71 section #ibb7p71 section #ibb7r71 section #ibd7;b71 or section #ibd7;h7 of title #ah1 ,united ,states ,code 7relating to firearms offenses71 or 7iii7 section #ehfa of title #bf1 ,united ,states ,code 7relating to firearms offenses72 7,f7 any crime of violence 7as defined in section #af of title #ah1 ,united ,states ,code1 not including a purely political offense7 for which the term of imprisonment imposed 7regardless of any suspension of such imprisonment7 is at least #e years2 7,g7 any theft offense 7including receipt of stolen property7 or any burglary offense1 where a sentence of #e years imprisonment or more may be imposed2 7,h7 any offense described in section #hge1 section #hgf1 section #hgg1 or section #abjb of title #ah1 ,united ,states ,code 7relating to the demand for or receipt of ransom72 7,i7 any offense described in section #bbea1 section #bbea;,a or section #bbeb of title #ah1 ,united ,states ,code 7relating to child pornography72 7,j7 any offense described in-- 7i7 section #aifb of title #ah1 ,united ,states ,code 7relating to racketeer influenced corrupt organizations71 or 7ii7 section #ajhd 7if it is a second or subsequent offense7 or section #aiee of such title 7relating to gambling offenses71 where a sentence of #e years imprisonment or more may be imposed2 7,k7 any offense relating to commercial bribery1 counterfeiting1 forgery or trafficking in vehicles whose identification numbers have been altered1 where a sentence of #e years imprisonment or more may be imposed2 7,l7 any offense-- 7i7 described in section #bdba1 section #bdbb1 or section #bdbc of title #ah1 ,united ,states ,code 7relating to transportation for the purpose of prostitution7 for commercial advantage1 or 7ii7 described in section #aeha through #aehe1 or section #aehh1 of title #ah1 ,united ,states ,code 7relating to peonage1 slavery1 and involuntary servitude72 7,m7 any offense relating to perjury or subornation of perjury where a sentence of #e years imprisonment or more may be imposed2 7,n7 any offense described in-- 7i7 section #gic 7relating to gathering or transmitting national defense information71 section #gih 7relating to disclosure of classified information71 section #baec 7relating to sabotage7 or section #bcha or section #bchb 7relating to treason7 of title #ah1 ,united ,states ,code1 or 7ii7 section #dba of title #ej1 ,united ,states ,code 7relating to protecting the identity of undercover intelligence agents72 7,o7 any offense-- 7i7 involving fraud or deceit where the loss to the victim or victims exceeded #bjj1jjj2 or 7ii7 described in section #gbja of title #bf1 ,united ,states ,code 7relating to tax evasion71 where the tax loss to the ,government exceeds #bjj1jjj2 7,p7 any offense described in section #bgd7;a77#a7 of title #ah1 ,united ,states ,code 7relating to alien smuggling7 for the purpose of commercial advantage2 7,q7 any violation of section #aedf7;a7 of title #ah1 ,united ,states ,code 7relating to document fraud71 for the purpose of commercial advantage2 7,r7 any offense relating to failing to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony1 where a sentence of #b years or more may be imposed2 or any attempt or conspiracy to commit any such act4 ,such term applies to offenses described in this paragraph whether in violation of ,federal or ,state law and applies to such offenses in violation of the laws of a foreign country for which the term of imprisonment was completed within the previous #ae years2 or 7,s7 any felony committed by an alien on or after the date that alien had received a waiver of deportation under sections #bab or #bda of this ,act 7#h ,u4,s4,c4 #aahb or #abea7 after commission of a prior felony4 4 7b7 ,effective date ,the amendments made by this section shall apply to all convictions entered before1 on1 or after the date of enactment of this ,act4 #djb4 ,deportation procedures 7a7 ,elimination of administrative hearing for certain criminal aliens ,section #bdb;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeb;a7 is amended by adding at the end the following3 7c7 ,deportation of ,aliens ,who are not ,permanent ,residents 7#a7 ,notwithstanding section #bdb1 and subject to paragraph 7#e71 the ,attorney ,general may issue a final order of deportation against any alien described in paragraph 7#b7 whom the ,attorney ,general determines to be deportable under section #bda7;a77#b77;,a77iii7 7relating to conviction of an aggravated felony74 7#b7 ,an alien is described in this paragraph if the alien-- 7,a7 was not lawfully admitted for permanent residence at the time that proceedings under this section commenced1 or 7,b7 had permanent resident status on a conditional basis 7as described in section #baf7 at the time that proceedings under this section commenced4 7#c7 ,the ,attorney ,general may delegate the authority in this section to the ,commissioner or to any ,district ,director of the ,service4 7#d7 ,no alien described in this section shall be eligible for-- 7,a7 any relief from deportation that the ,attorney ,general may grant in his discretion1 or 7,b7 relief under section #bdc7;h74 7#e7 ,the ,attorney ,general may not execute any order described in paragraph 7#a7 until #ad calendar days have passed from the date that such order was issued1 in order that the alien has an opportunity to apply for judicial review under section #ajf4 4 7b7 ,limited judicial review ,section #ajf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaje;a7 is amended-- 7#a7 in the first sentence of subsection 7a71 by inserting or pursuant to section #bdb;,a after under section #bdb7;b72 7#b7 in subsection 7a77#a7 and subsection 7a77#c71 by inserting 7including an alien described in section #bdb7;,a7 after aggravated felony2 and 7#c7 by adding at the end the following new subsection2 7d7 ,notwithstanding subsection 7c71 a petition for review or for habeas corpus on behalf of an alien described in section #bdb;,a7c7 may only challenge whether the alien is in fact as alien described in such section1 and no court shall have jurisdiction to review any other issue4 4 7c7 ,technical and conforming changes ,section #bdb;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeb;a7 is amended as follows3 7#a7 ,in subsection 7a7-- 7,a7 by striking 7a7 ,in ,general4-- and inserting 7b7 ,deportation of ,permanent ,resident ,aliens4--7#a7 ,in ,general4--2 and 7,b7 by inserting in the first sentence permanent resident after correctional facilities for2 7#b7 ,in subsection 7b7-- 7,a7 by striking 7b7 ,implementation4-- and inserting 7#b7 ,implementation4--2 and 7,b7 by striking respect to an and inserting respect to a permanent resident2 7#c7 ,by striking out subsection 7c72 7#d7 ,in subsection 7d7-- 7,a7 by striking 7d7 ,expedited ,proceedings4--7#a7 and inserting 7#c7 ,expedited ,proceedings4--7,a72 7,b7 by inserting permanent resident after in the case of any2 and 7,c7 by striking 7#b7 and inserting 7,b72 7#e7 ,in subsection 7e7-- 7,a7 by striking 7e7 ,review4--7#a7 and inserting 7#d7 ,review4--7,a72 7,b7 by striking the second sentence2 and 7,c7 by striking 7#b7 and inserting 7,b74 7#f7 ,by inserting after the section heading the following new subsection3 7a7 ,presumption of deportability ,an alien convicted of an aggravated felony shall be conclusively presumed to be deportable from the ,united ,states4 4 7#g7 ,the heading of such section is amended to read as follows3 ,expedited deportation of aliens convicted of committing aggravated felonies 4 7d7 ,effective date ,the amendments made by this section shall apply to all aliens against whom deportation proceedings are initiated after the date of enactment of this ,act4 #djc4 ,judicial deportation 7a7 ,judicial deportation ,section #bdb;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeb;a7 is amended by inserting at the end the following new subsection3 7d7 ,judicial deportation 7#a7 ,authority ,in any criminal case subject to the jurisdiction of any court of the ,united ,states or of any ,state1 such court may enter a judicial order of deportation at the time of sentencing against an alien whose criminal conviction causes such alien to be deportable under section #bda7;a77#b77;,a77iii7 7relating to conviction of a felony74 7#b7 ,denial of judicial order ,denial of a request for a judicial order of deportation shall not preclude the ,attorney ,general from initiating deportation proceedings pursuant to section #bdb upon the same ground of deportability or upon any other ground of deportability provided under section #bda7;a74 4 7b7 ,technical and conforming changes ,the ninth sentence of section #bdb7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeb7;b77 is amended by striking out ,the and inserting in lieu thereof1 ,except as provided in section #bdb;,a7d71 the4 7c7 ,effective date ,the amendments made by this section shall apply to all aliens whose adjudication of guilt or guilty plea is entered in the record after the date of enactment of this ,act4 #djd4 ,defenses to deportation 7a7 ,defenses based on seven years of permanent residence ,the last sentence of section #bab7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;c77 is amended by striking out has served for such felony or felonies and all that follows through the period and inserting in lieu thereof has been sentenced for such felony or felonies to a term of imprisonment of at least #e years1 ,provided1 ,that the time for appealing such conviction or sentence has expired and the sentence has become final44 7b7 ,defenses based on withholding of deportation ,section #bdc7;h77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abec7;h77#b77 is amended by-- 7#a7 striking out the final sentence and inserting in lieu thereof the following new subparagraph3 7,e7 the alien has been convicted of a felony4 2 and 7#b7 striking out the or at the end of subparagraph 7,c7 and inserting or at the end of subparagraph 7,d74 #dje4 ,enhanced penalties for reentry or failure to depart 7a7 ,failure to depart ,section #bdb7;e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeb7;e77 is amended-- 7#a7 by striking out paragraph 7#b71 7#c71 or #d of the first time it appears1 and 7#b7 by striking out shall be imprisoned not more than ten years and inserting in lieu thereof1 shall be imprisoned not more than two years1 or shall be imprisoned not more than ten years if the alien is a member of any of the classes described in paragraph 7#b71 7#c71 or 7#d7 of section #bda7;a74 7b7 ,reentry ,section #bgf7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbf7;b77 is amended-- 7#a7 in paragraph 7#a71 by 7,a7 inserting after commission of the following3 two or more misdemeanors or1 and 7,b7 striking out #e and inserting in lieu thereof #aj1 7#b7 in paragraph 7#b71 by striking out #ae and inserting in lieu thereof #bj1 and 7#c7 by adding at the end the following sentence3 ,for the purposes of this subsection1 the term deportation shall include any agreement where an alien stipulates to deportation during a criminal trial under either ,federal or ,state law44 7c7 ,collateral attacks on underlying deportation order ,section #bgf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbf7 is amended by inserting after subsection 7b7 the following new subsection3 7c7 ,in any criminal proceeding under this section1 no alien may challenge the validity of the deportation order described in subsection 7a77#a7 or subsection 7b74 4 #djf4 ,deportation of imprisoned aliens ,section #bdb7;h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeb7;h77 is amended to read as follows3 7h7 7#a7 ,except as provided in paragraph 7#b71 an alien sentenced to imprisonment may not be deported until such imprisonment has been terminated by the release of the alien from confinement4 ,parole1 supervised release1 probation1 or possibility of rearrest or further confinement in respect of the same offense shall not be a ground for deferral of deportation4 7#b7 ,the ,attorney ,general may deport an alien prior to the completion of a sentence of imprisonment-- 7,a7 in the case of an alien in the custody of the ,attorney ,general1 if the ,attorney ,general determines that the alien has been adequately punished and that such deportation of the alien is appropriate2 or 7,b7 in the case of an alien in the custody of a ,state1 if the chief ,state official exercising authority with respect to the incarceration of the alien determines 7i7 that the alien has been adequately punished and that such deportation is appropriate1 and 7ii7 submits a written request to the ,attorney ,general that such alien be so deported4 4 #djg4 ,judicial order of deportation 7a7 ,in general ,subchapter ,a of chapter #bbg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #cefj4 ,order of ,deportation for certain aliens ,the court1 upon sentencing an individual who is an alien for an aggravated felony 7as defined in section #aja7;a77#dc7 of the ,immigration and ,nationality ,act1 shall include in a sentencing order a declaration that the individual is deportable4 ,and presentence report required under the ,rules of ,criminal ,procedure with respect to the sentencing of any individual for such a felony shall include whether or not such individual is an alien4 4 7b7 ,clerical amendment ,the table of sections at the beginning of subchapter ,a of chapter #bbg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following new item3 #cefj4 ,order of deportation for certain aliens4 4 7c7 ,deportation procedures ,section #bdb;,a of the ,immigration and ,nationality ,act 7#ah ,u4,s4,c4 #abeb;a7 is amended by adding at the end the following3 7f7 ,deportation pursuant to a judicial order ,an alien subject to a judicial order of deportation under section #cefj of title #ah1 ,united ,states ,code1 shall be deported consistent with section #bdb7;h74 4 #djh4 ,federal incarceration 7a7 ,federal incarceration ,section #bdb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeb7 is amended by adding at the end the following3 7j7 7#a7 ,the ,attorney ,general shall take into the custody of the ,federal ,government1 and shall incarcerate for a determinate sentence of imprisonment1 a criminal alien described in paragraph 7#c7 if-- 7,a7 the chief ,state official exercising authority with respect to the incarceration of the undocumented criminal alien submits a written request to the secretary2 7,b7 the undocumented criminal is sentenced to a determinate term of imprisonment2 7,c7 the ,state in which the official described in paragraph ,a exercises authority cooperates1 and requires local governments or agencies in such ,state to cooperate1 with ,federal immigration authorities with respect to the identification1 location1 arrest1 prosecution1 detention1 and deportation of aliens who are not lawfully present in the ,united ,states2 and 7,d7 adequate ,federal facilities are available for the incarceration of the criminal alien4 7#b7 ,criminal aliens taken into the custody of the ,attorney ,general under paragraph 7#a7 may be deported under subsection 7h77#b77;,a74 7#c7 ,an alien is described in this paragraph if the alien-- 7,a7 has been convicted of a felony and sentenced to a term of imprisonment1 and 7,b7 7i7 had entered the ,united ,states without inspection or at any time or place other than as designated by the ,attorney ,general1 or 7ii7 was the subject of exclusion or deportation proceedings at the time he or she was taken into custody by the ,state4 4 #dji4 ,increased penalty for visa fraud 7a7 ,false statement ,section #aedb of title #ah1 ,united ,states ,code1 is amended by striking fined not more than #b1jjj or imprisoned not more than five years1 or both and inserting fined under this title or imprisoned not more than #aj years1 or both4 7b7 ,forgery ,section #aedc of title #ah1 ,united ,states ,code1 is amended by striking fined not more than #b1jjj or imprisoned not more than five years1 or both and inserting fined under this title or imprisoned not more than #aj years1 or both4 7c7 ,misuse of passport ,section #aedd of title #ah1 ,united ,states ,code1 is amended by striking fined not more than #b1jjj or imprisoned not more than five years1 or both and inserting fined under this title or imprisoned not more than #aj years1 or both4 7d7 ,safe conduct violation ,section #aede of title #ah1 ,united ,states ,code1 is amended by striking fined not more than #b1jjj or imprisoned not more than three years1 or both and inserting fined under this title or imprisoned not more than #aj years1 or both4 7e7 ,fraud and misuse of visas ,section #aedf7;a7 of title #ah1 ,united ,states ,code1 is amended by striking fined not more than #b1jjj or imprisoned not more than five years1 or both and inserting fined under this title or imprisoned not more than #aj years1 or both4 #daj4 ,notification of alien arrest ,whenever a ,state or local law enforcement agency arrests an immigrant or nonimmigrant alien for the commission of a felony1 that ,state or local law enforcement agency shall provide the ,district ,director of the ,immigration and ,naturalization ,service for the district in which the ,state or local law enforcement agency has jurisdiction the following information within #gb hours of the arrest3 the name of the alien2 the alien's place of birth2 the alien's date of birth2 the alien's alien registration number1 if any2 the nature of the offense for which the alien was arrested2 and any available information on bond1 future hearings and proceedings4 #daa4 ,excludability of unlawful entrants ,section #bjd7;c7 of the ,immigration and ,nationality ,act is amended by adding a comma after the word laws the first time it appears1 striking the word or prior to 7#b7 and inserting the following before the period3 or 7#c7 the petition was submitted by or on behalf of any alien who entered or attempted to enter the ,united ,states unlawfully1 who entered or attempted to enter with fraudulent1 forged or stolen documents1 who failed to present the immigration officer any document produced when the alien boarded a common carrier for travel to the ,united ,states1 or who entered the ,united ,states lawfully as a nonimmigrant but violated the terms of his or her nonimmigrant visa4 #dab4 ,exclusion of immigration law violators 7a7 ,exclusion of criminal alien ,section #bab7;a77#b77;,a77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77;,a77i77 is amended by striking or at the end of subparagraph 7,i7 and inserting the following new subparagraph prior to the phrase is excludable3 or 7,,iii7 any violation of any immigration law or any violation of any federal or ,state statute prohibiting fraud1 including any statutes prohibiting income tax evasion4 7b7 ,exclusion reform ,section #bab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7 is amended by striking paragraph 7c7 and inserting the following as new paragraph 7c73 7c7 ,aliens lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation shall not be admitted if that alien is excludable under paragraph 7a74 4 #dac4 ,miscellaneous and technical changes 7a7 ,form of deportation hearings ,the second sentence of section #bdb7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeb7;b77 is amended by inserting before the period the following3 2 except that nothing in this subsection shall preclude the ,attorney ,general from authorizing proceedings by electronic or telephonic media 7with or without the consent of the alien7 or1 where waived or agreed to by the parties1 in the absence of the alien4 7b7 ,construction of expedited deportation requirements ,no amendment made by this ,act and nothing in section #bdb7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeb7;i771 shall be construed to create any right or benefit1 substantive or procedural1 which is legally enforceable by any party against the ,united ,states1 its agencies1 its officers1 or any other person4 ,v ,financial responsibility #eja4 ,public charge defined ,section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#d77 is amended by striking paragraph 7#d7 and inserting3 7#d7 ,public charge ,any alien who cannot demonstrate to the consular officer at the time of application for a visa1 or to the ,attorney ,general at the time of application for admission or adjustment of status1 that1 taking into account the alien's age and medical condition1 he or she has assets1 education1 skills1 or a combination thereof that make it very unlikely that he or she will become eligible for means-tested public assistance of any kind 7including1 but not limited to1 medical care or food and housing assistance7 or will otherwise become a public charge is excludable4 4 #ejb4 ,guarantee of financial responsibility ,the ,immigration and ,nationality ,act is amended by striking section #bac 7#h ,u4,s4,c4 #aahc7 and inserting3 #bac4 ,financial responsibility of sponsors 7a7 ,an alien excludable under paragraph #d of ,section #bab7;a7 may1 if otherwise admissible1 be admitted in the discretion of the ,attorney ,general upon the giving of a suitable and proper bond and a guarantee of financial responsibility by an individual 7hereinafter in this section referred to as the alien's sponsor7 who is not less than #ba nor more than #fj years of age1 is of good moral character1 has never been convicted of a felony1 has never filed for bankruptcy or been adjudicated a bankrupt1 and is a citizen of the ,united ,states or an alien lawfully admitted for permanent residence4 7b7 ,the guarantee of financial responsibility in subsection 7a7 must provide 7#a7 that the sponsor1 and the sponsor's spouse if the sponsor is married1 agree in the case of an alien under #ba years of age1 to assume legal custody for the alien after the alien's departure to the ,united ,states and until the alien becomes #ba years of age1 in accordance with the law of the ,state where the sponsor resides1 and 7#b7 that the sponsor agrees to furnish1 during the #e-year period beginning on the date of the alien's acquiring the status of an alien lawfully admitted for permanent residence1 or during the period beginning on the date of the alien's acquiring the status of an alien lawfully admitted for permanent residence and ending on the date on which the alien becomes #ba years of age1 whichever period is longer1 such financial support as is necessary to prevent the alien's becoming a public charge4 7c7 ,a guarantee of financial responsibility given under subsection 7a7 may be enforced with respect to an alien by a civil suit against his sponsor by the ,attorney ,general or by any ,federal or ,state agency that has provided the alien means-tested public assistance of any kind1 including but not limited to medical1 food1 and housing assistance4 7d7 ,civil suits under subsection 7c7 shall be brought in the ,united ,states district court for the district in which the defendant resides and may be brought at any time on or before the date that is #e years after the date on which the sponsor's period of financial responsibility under subsection 7a7 expired4 7e7 ,the bond required of an alien's sponsor by subsection 7a7 shall be in favor of the ,united ,states and all ,states1 territories1 countries1 towns1 municipalities1 and districts within the ,united ,states and shall hold them harmless against the alien's becoming a public charge4 ,the bond shall be in such amount and shall contain such conditions as the ,attorney ,general may prescribe4 ,the bond shall terminate upon 7#a7 the alien's permanent departure from the ,united ,states1 7#b7 the death of an alien1 or 7#c7 the expiration of the period of financial responsibility described in subsection 7b71 whichever occurs first1 and any sums or other security held to secure performance thereof1 except to the extent forfeited for violation of the terms thereof1 shall be returned to the person by whom furnished1 or to his legal representative4 4 #ejc4 ,limited benefits for illegal aliens 7a7 ,direct federal financial benefits ,notwithstanding any other provision of law1 no direct ,federal financial benefit or social insurance benefit may be paid1 conferred1 or otherwise given1 on or after the date of enactment of this ,act1 to any alien not lawfully admitted to the ,united ,states as a permanent resident or a refugee except pursuant to a provision of the ,immigration and ,nationality ,act3 ,provided1 however1 ,that ,federal reimbursement of emergency medical care provided to such an alien may be provided under such regulations as the ,secretary of ,health and ,human ,services may in his or her discretion prescribe4 7b7 ,unemployment benefits ,no alien who has not been granted employment authorization pursuant to ,federal law shall be eligible for unemployment compensation under an unemployment compensation law of a ,state or the ,united ,states4 ,,vi ,employer sanctions #fja4 ,implementation of gao recommendations 7a7 ,work eligibility documents ,effective ,january #a1 #bjbh1 ,section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7 is amended by striking subparagraphs 7,a7 through 7,d7 of subsection 7b77#a7 and inserting3 7,a7 ,in general ,the person or entity must attest1 under penalty of perjury and on a form designated or established by the ,attorney ,general by regulation1 that it has verified that the individual is not an unauthorized alien by-- 7i7 examining the document described in 7,b7 in the case of an individual claiming to be a ,united ,states citizen1 ,united ,states national1 7ii7 examining the document described in paragraph 7,c7 in the case of an individual not claiming to be a ,united ,states citizen1 a ,united ,states national1 or a permanent resident alien1 and 7iii7 reporting the individual's ,social ,security account number to the ,social ,security ,administration through the telephone verification system established pursuant to section #fjb of the ,harry ,reid ,immigration ,stabilization ,act4 7,b7 ,documents of citizens and nationals ,the document described in this paragraph is an individual's ,social ,security account number card issued pursuant to section #fja7;c7 of the ,harry ,reid ,immigration ,stabilization ,act4 7,c7 ,documents of aliens ,the document described in this paragraph is an alien's identification card issued by the ,immigration and ,naturalization ,service pursuant to section #fja7;b7 of the ,harry ,reid ,immigration ,stabilization ,act4 4 7b7 ,improvement of alien identity cards 7#a7 ,permanent resident aliens ,the ,attorney ,general shall cause to be issued to every alien acquiring lawful permanent residence in the ,united ,states after ,june #cj1 #bjbg1 and1 upon application1 to any alien who acquired lawful permanent residence before ,july #a1 #bjbg1 an alien identification card that shall-- 7,a7 be uniform in appearance1 7,b7 be as tamper-proof and counterfeit-resistant as practicable1 7,c7 contain a photograph and fingerprint1 7,d7 display the name1 sex1 date of birth1 and such other identifying information as the ,attorney ,general shall determine1 and 7,e7 incorporate a machine-readable encoding of the information displayed on the card4 7#b7 ,other aliens ,the ,attorney ,general shall cause to be issued to every alien who becomes authorized to work in the ,united ,states after ,june #cj1 #bjbg1 other than by reason of lawful admission for permanent residence1 and shall cause to be issued1 upon application1 to any other alien who is authorized to work in the ,united ,states other than by reason of lawful admission for permanent residence an alien identification card that shall-- 7,a7 be uniform in appearance1 7,b7 be as tamper-proof and counterfeit-resistant as practicable1 7,c7 contain a photograph and fingerprint1 7,d7 display the alien's name1 sex1 date of birth1 place of birth1 and such other identifying information as the ,attorney ,general shall determine1 7,e7 show an expiration date that shall be determined in accordance with regulations issued by the ,attorney ,general1 but shall not in any case be later than three calendar years after the date of issuance1 and 7,f7 incorporate a machine-readable encoding of the information displayed on the card4 7c7 ,improvement of social security cards 7#a7 ,improved card for citizens ,the ,secretary shall cause to be issued improved ,social ,security account number cards to ,united ,states citizens and ,united ,states nationals upon application1 proof of identity1 proof of citizenship or nationality1 and payment of a reasonable fee4 7#b7 ,improved card for aliens ,the ,secretary shall cause to be issued improved ,social ,security account number cards to aliens lawfully admitted for permanent residence upon application1 proof of identity1 verification of status by the ,immigration and ,naturalization ,service1 and payment of a reasonable fee4 7#c7 ,requirements ,the cards described in paragraphs 7#a7 and 7#b7 shall-- 7,a7 be uniform in appearance1 7,b7 be as tamper-proof and counterfeit-resistant as practicable1 7,c7 contain a photograph and fingerprint1 7,d7 display the name1 sex1 date of birth1 place of birth1 and ,social ,security account number of the issuee1 and such other identifying information as the ,secretary shall determine1 and 7,e7 incorporate a machine-readable encoding of the information displayed on the card4 7#d7 ,secretary defined ,for purposes of this subsection1 ,secretary means the ,secretary of ,health and ,human ,services4 7d7 ,reasonable fee ,the amount of the fee that is to be charged under subsections 7b7 and 7c7 shall be the amount 7rounded to the nearest whole dollar71 not exceeding #ej1 required to cover the costs of issuing the card4 7e7 ,no other cards ,no ,social ,security account number card or alien identification card shall be issued after ,june #cj1 #bjbg1 whether as an original card or as a replacement1 that does not satisfy the requirements of this section4 7f7 ,definitions ,for purposes of this section-- 7#a7 ,state means one of the ,united ,states1 the ,district of ,columbia1 or ,puerto ,rico1 and 7#b7 place of birth means1 for an individual-- 7,a7 born in a ,state1 the two-letter symbol used by the ,united ,states ,post ,office to identify that ,state1 or 7,b7 not born in a ,state1 such two-letter symbol as the ,secretary shall determine by regulations4 #fjb4 ,verification by telephone 7a7 ,social security database ,by ,september #cj1 #bjbg1 the ,secretary of ,health and ,human ,services shall make such modifications to the ,social ,security account number data base 7,,numident7 as are practicable and enable confirmation through the telephone verification system described in subsection 7d7 that a ,social ,security account number has been issued to an individual identified by last name1 sex1 year of birth1 and place of birth and that such individual is not known to the ,secretary of ,health and ,human ,services to be an alien not authorized to work in the ,united ,states4 ,at a minimum the data base shall be modified to enable confirmation that a ,social ,security account number is not assigned to an individual authorized to work in the ,united ,states because the number-- 7#a7 has not been issued1 7#b7 was issued to an individual known by the ,secretary of ,health and ,human ,services as not authorized to work1 7#c7 was issued to a person that is deceased and has not been reissued1 or 7#d7 was issued to an alien that any data base of the ,immigration and ,naturalization ,service shows is not authorized to work in the ,united ,states4 ,the ,attorney ,general shall provide such assistance as the ,secretary of ,health and ,human ,services may require to merge or otherwise make use of any data base of the ,immigration and ,naturalization ,service for the purposes of this section4 7b7 ,exchange of information ,the ,attorney ,general shall notify the ,secretary of ,health and ,human ,services of the expiration of an alien's authorization to work in the ,united ,states not later than #ad calendar days after the date of expiration4 ,the ,secretary of ,health and ,human ,services shall furnish the ,attorney ,general with a list of any aliens for whom confirmation of work eligibility has been requested not later than #e calendar days after such request4 ,such list shall include the telephone number from which the request was made and the employer identification number of the requester4 7c7 ,adult applicants ,the ,secretary of ,health and ,human ,services shall furnish to the ,attorney ,general a copy of any application 7including supporting documentation7 for a ,social ,security account number by an alien or by an individual over #af years of age who claims to be a ,united ,states citizen or national and shall not issue a number before the earlier of the following dates3 7#a7 ,the date on which the ,attorney ,general confirms in writing that his records do not show that the applicant is an alien unauthorized to work in the ,united ,states4 7#b7 #fj days after a copy of the application and supporting documentation has been delivered to the ,attorney ,general4 7d7 ,telephone verification system ,before ,january #a1 #bjbh1 the ,secretary of ,health and ,human ,services shall test and place in operation a system whereby an employer can report by touch-tone telephone his employer identification number and the ,social ,security account number1 last name1 sex1 year of birth1 and place of birth of any individual who is to be employed and can receive immediate confirmation that the number was issued to the individual having that identity and that such person is not identified within the ,social ,security account number data base as an individual who is not a ,united ,states citizen1 a ,united ,states national1 or an alien authorized to work in the ,united ,states4 ,the charge for each call will be sufficient to cover the costs of operating the system1 except that it shall not exceed #b plus any line charges payable to the telephone carrier4 ,the system shall provide for access to a live operator if an entry is not accepted or confirmed1 shall provide a verification code to the caller1 shall create and maintain a record of each inquiry 7including the telephone number of the requester7 and its verification code for not less than two years1 and shall accommodate devices that read the magnetic strip incorporated by a card issued under section #fja4 7e7 ,abuse of system ,the use of the telephone verification system established by subsection 7d7 by a person other than-- 7#a7 an employer acting pursuant to ,section #bgd;,a7b77#a7 of the ,immigration and ,nationality ,act1 or 7#b7 an officer or employee of an agency of the ,united ,states or of any ,state acting in the performance of official duties1 shall be punishable by a fine of not more than #a1jjj per occurrence4 #fjc4 ,uniform vital statistics ,the ,secretary of ,health and ,human ,services shall consult with the ,state agency responsible for registration and certification of births and deaths and1 within #b years of the date of enactment of this ,act1 shall establish a national electronic network linking the vital statistics records of such ,states4 ,the network shall provide1 where practical1 for the matching of deaths with births and shall enable the confirmation of births and deaths of citizens of the ,united ,states1 or of aliens within the ,united ,states1 by any ,federal or ,state agency or official in the performance of official duties4 ,the ,secretary shall institute measures to achieve uniform and accurate reporting of vital statistics into the national network1 to protect the integrity of the registration and certification process1 and to prevent fraud against the ,government and other persons through the use of false birth or death certificates4 ,,vii ,border security #gja4 ,border patrol personnel ,the number of full-time officer positions in the border patrol of the ,immigration and ,naturalization ,service shall be increased to #bb1ijj in fiscal year #bjbg1 #bc1ijj in fiscal year #bjbh1 #bd1ijj in fiscal year #bjbi1 #be1ijj in fiscal year #bjcj1 and #bf1ijj in fiscal year #bjca4 #gjb4 ,border crossing fee ,the ,commissioner shall collect a user fee for each entry into the ,united ,states by land or by sea after ,december #ca1 #bjbf4 ,the fee shall be #c for each person entering other than by private automobile1 van1 or truck and #e for each private automobile1 van1 or truck4 ,the ,commissioner by regulation may establish a reduced fee or a multiple-crossing fee for frequent border crossers4 #gjc4 ,border control trust fund ,there is established a ,border ,control ,trust ,fund 7,fund7 under the control of the ,commissioner4 ,the fees collected under section #gjb shall be deposited into the ,fund4 ,amounts deposited into the ,fund and the earnings thereon shall be expended by the ,commissioner exclusively on 7#a7 measures1 personnel1 structures1 and devices to deter and prevent illegal entry of persons and contraband into the ,united ,states by land or by sea1 7#b7 construction and operation of facilities to expedite lawful border traffic and reduce1 where practical1 extensive delays in the time required for lawful entry of goods and persons1 and 7#c7 financial and other assistance to ,state and local law enforcement agencies that have entered into cooperative arrangements with the ,immigration and ,naturalization ,service4 ,not less than #hj percent of the sum of 7a7 amounts deposited into the ,fund during a fiscal year and 7b7 the earnings of the ,fund during that fiscal year shall be expended during that or the subsequent fiscal year4 #gjd4 ,responsibility of international carriers 7,a7 ,in general ,section #bgc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbc7 is amended-- 7#a7 in subsection 7a71 by striking 7other than from foreign contiguous territory72 7#b7 by redesignating subsections 7c7 and 7d7 as subsections 7e7 and 7f71 respectively2 7#c7 by inserting after subsection 7b7 the following3 7c7 ,records ,the ,attorney ,general shall maintain a record of each undocumented alien arriving on or after the date of enactment of this subsection at a ,united ,states port of entry and of the carrier which brought such alien to that port of entry4 2 7#d7 by inserting after subsection 7c7 7as added by paragraph 7#d771 the following3 7d7 ,repeat offenses 7#a7 ,if the ,attorney ,general determines that1 during the preceding calendar year1 any carrier has delivered an average of more than #j4e undocumented aliens per arrival at ,united ,states ports of entry then1 for the next calendar year1 in lieu of the penalty of #c1jjj specified in subsection 7b71 such carrier shall pay to the ,attorney ,general a penalty of #aj1jjj for each alien brought in violation of subsection 7a7 or1 alternatively1 such carrier may choose to participate in a #a-year pilot program intended to reduce the number of undocumented aliens arriving at ,united ,states ports of entry via international carriers4 ,if such international carrier chooses to participate in the #a-year pilot program1 that carrier will be subject to the penalty levels prescribed in subsection 7b71 rather than the increased penalty levels specified in this subsection1 for each alien brought in violation of subsection 7a74 ,the #a-year pilot program1 which can be extended for multiple years at the discretion of the ,attorney ,general1 shall consist of a program whereby the international carrier collects the travel documents necessary for entry into the ,united ,states from all passengers upon their entry to the carrier and physically returns them to the passengers on an individual basis only at the actual point of inspection at the ,united ,states port of entry by ,united ,states immigration officials4 7#b7 ,if the ,attorney ,general determines that1 during the preceding calendar year1 any carrier has delivered an average of more than #a4e undocumented aliens per arrival at ,united ,states ports of entry1 then1 for the next calendar year1 in lieu of the penalties specified in subsection 7b7 and in paragraph 7#a7 of this subsection1 such carrier shall pay to the ,attorney ,general a penalty of #bj1jjj for each alien brought in violation of subsection 7a74 7#c7 ,if the ,attorney ,general determines that1 in the preceding calendar year1 any carrier has delivered an average of more than #b undocumented aliens per arrival at ,united ,states ports of entry1 then such carrier shall forfeit all landing rights in the ,united ,states for the next calendar year4 2 and 7#e7 subsection 7e7 7as redesignated7 is amended-- 7,a7 by inserting after refunded4 the following3 ,unless the alien transported is granted political asylum status in the ,united ,states or2 and 7,b7 by inserting before the period at the end thereof or that the visa or other immigration documentation presented to the carrier was forged1 counterfeit1 altered1 falsely made1 stolen1 or inapplicable to the alien presenting the document4 7b7 ,effective date ,the amendment made by subsection 7a77#d7 shall take effect on ,january #a of the second calendar year following the date of enactment of this ,act4 ,,viii ,alien smuggling #hja4 ,cooperative arrangements ,the ,secretary of ,state shall undertake to enter into1 on behalf of the ,united ,states1 cooperative arrangements with appropriate foreign governments for the purpose of preventing the unlawful entry of aliens by land1 air1 or sea4 #hjb4 ,coast guard instructions ,the ,secretary of ,defense1 in consultation1 when appropriate1 with the ,attorney ,general and the ,secretary of ,state1 shall instruct the ,coast ,guard to deter and prevent the unlawful entry of aliens into the ,united ,states by sea4 ,such instructions shall include directives providing for stopping and boarding vessels1 making inquiries of persons and inspecting documents and property on board such vessels1 and returning a vessel to the country from which it came or to another country4 ,in the case of vessels outside the territorial sea of the ,united ,states1 such instructions shall be limited to vessels of the ,united ,states1 vessels without nationality1 vessels assimilated to vessels without nationality1 and vessels of foreign nations with which the ,united ,states has arrangements authorizing the ,united ,states to stop and board such vessels4 ,except as otherwise provided in the preceding sentence1 actions pursuant to this section are authorized to be undertaken both within and beyond the territorial sea of the ,united ,states4 #hjc4 ,application of rico ,section #aifa7a7 of title #ah1 ,united ,states ,code1 is amended by striking or immediately prior to 7,e71 and by adding3 or 7,f7 any act which is indictable under any of the following provisions of title #h1 ,united ,states ,code1 section #acbd7;a77i7 7relating to prohibitions on bringing in or harboring certain aliens71 section #acbe 7relating to illegal entry1 marriage fraud1 or establishing a commercial enterprise for the purpose of evading the immigration laws71 section #acbg 7relating to aiding or assisting certain aliens to enter the ,united ,states71 or section #acbh 7relating to the importation of aliens for immoral purpose74 #hjd4 ,increased penalties for alien smuggling ,pursuant to section #iid of title #bh1 ,united ,states ,code1 the ,united ,states ,sentencing ,commission shall promulgate guidelines1 or amend existing guidelines1 to provide that a defendant convicted of violating1 or conspiring to violate section #acbd7;a7 of title #h1 ,united ,states ,code1 shall be assigned not less than offense level #be under section #b,l#a4a of the ,united ,states ,sentencing ,guidelines if any of the following factors exist-- 7#a7 if the offense involved five or more aliens in a single scheme or otherwise2 7#b7 if the offense involved other criminal activity including1 but not limited to1 violations of the ,controlled ,substances ,act1 prostitution1 importation of aliens for immoral purposes1 trafficking in firearms1 money laundering1 illegal gang activities1 kidnapping or ransom demands1 fraudulent documents1 or extortion2 7#c7 if the offense involves smuggling of persons under the age of #ah years for the purposes of illegal adoption or of sexual or commercial exploitation2 7#d7 if the offense involves the smuggling of known or suspected terrorists or persons involved in organized crime2 7#e7 if the offense involves dangerous or inhumane treatment of the persons smuggled2 or 7#f7 if death or serious bodily harm occurs to persons smuggled4 ,otherwise1 the base offense level shall be #ac1 except for an offense described in section #acbd7;a77#b77;,a7 of title #h1 ,united ,states ,code4 #hje4 ,expanded forfeiture for smuggling or harboring ,subsection #bgd7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd7;b77 is amended-- 7#a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,any property1 real or personal1 which facilitates or is intended to facilitate1 or which has been used in or is intended to be used in the commission of a violation of subsection 7a7 or of sections #bgd;,a7a77#a7 or #bgd;,a7a77#b71 or which constitutes or is derived from or traceable to the proceeds obtained directly or indirectly from a commission of a violation of subsection 7a71 shall be subject to seizure and forfeiture1 except that-- 7,a7 no property1 used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under the provisions of this section unless it shall appear that the owner or other person in charge of such property was a consenting party or privy to the illegal act2 7,b7 no property shall be forfeited under the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such property was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the ,united ,states or of any ,state2 and 7,c7 no property shall be forfeited under this paragraph to the extent of an interest of any owner1 by reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of the owner1 unless such action or omission was committed by an employee or agent of the owner1 and facilitated or was intended to facilitate1 or was used in or intended to be used in1 the commission of a violation of subsection 7a7 or of section #bgd;,a7a77#a7 or #bgd;,a7a77#b7 which was committed by the owner or which intended to further the business interests of the owner1 or to confer any other benefit upon the owner4 4 7#b7 by striking from paragraph 7#b7-- 7,a7 conveyance both places it appears and inserting in lieu thereof property2 and 7,b7 is being used in and inserting in lieu thereof is being used in1 is facilitating1 has facilitated1 or was intended to facilitate2 7#c7 by striking from paragraphs 7#d7 and 7#e7 a conveyance and conveyance each place such phrase or word appears and inserting in lieu thereof property2 7#d7 by striking from paragraph 7#d7-- 7,a7 or at the end of subparagraph 7,c71 and 7,b7 the period at the end of subparagraph 7,d7 and insetting 2 or2 and 7#e7 by adding after paragraph 7#d77;,e73 7,e7 transfer custody and ownership of forfeited property to any ,federal1 ,state1 or local agency pursuant to the ,tariff ,act of #aicj1 as amended 7#ai ,u4,s4,c4 #afaf;a7c774 4 #hjf4 ,wiretap authority for alien smuggling investigations 7a7 ,section #beaf7a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7c7 by inserting after weapons71 the following3 or a felony violation of section #ajbh 7relating to production of false identification documentation71 section #aedf 7relating to fraud and misuse of visas1 permits1 and other documents712 7#b7 by striking or after paragraph 7l7 and redesignating paragraphs 7m71 7n71 and 7o7 as paragraphs 7n71 7o71 and 7p71 respectively2 7#c7 by inserting after paragraph 7l7 the following new paragraph3 7m7 a violation of section #bgd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd7 7relating to alien smuggling71 of section #bgg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbg7 7relating to the smuggling of aliens convicted of aggravated felonies or of aliens subject to exclusion on grounds of national security71 or of section #bgh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbh7 7relating to smuggling of aliens for the purpose of prostitution or other immoral purpose72 2 and 7#d7 by striking or any ,deputy ,assistant ,attorney ,general in the ,criminal ,division specially designated by the ,attorney ,general and inserting or any ,deputy ,assistant ,attorney ,general or acting ,deputy ,assistant ,attorney ,general in1 or one other officer or employee of1 the ,criminal ,division specially designated by the ,attorney ,general4 7b7 ,section #beah7e7 of title #ah1 ,united ,states ,code1 is amended by inserting 7including personnel of a foreign government or of a ,state or subdivision of a ,state7 after ,government personnel4 7c7 ,section #beaj7g7 of title #ah1 ,united ,states ,code1 is amended by inserting before the semicolon and additionally1 for purposes of section #beag7a7-7b71 any person authorized to perform investigative1 law enforcement1 or prosecutorial functions by a foreign government4 ,,ix ,local cooperation #ija4 ,save system mandated ,notwithstanding any other provision of law1 no ,federal financial assistance shall be paid to a ,state or local government or agency for the aid to families with dependent children program under subchapter ,,iv of title #db ,united ,states ,code1 the medicaid program under subchapter ,,xix of title #db ,united ,states ,code1 the unemployment compensation program under section #ccjd of title #bf of ,united ,states ,code1 the ,food ,stamp ,program under the ,food ,stamp ,act of #aigg1 or the financial assistance programs under the ,united ,states ,housing ,act of #aicg1 ,section #bce or #bcf of the ,national ,housing ,act1 or section #aja of the ,housing and ,urban ,development ,act of #aife if such government or agency does not verify the immigration status of aliens applying for benefits under these programs through use of the automated ,,save system established under section #ab of the ,immigration ,reform and ,control ,act of #aihf 7,public ,law #ii-fjc74 ,x ,citizenship #ajja4 ,basis of citizenship clarified ,in the exercise of its powers under section #e of the ,fourteenth ,article of ,amendment to the ,constitution of the ,united ,states1 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 resident1 and which person is a national or citizen of another country of which either of his or her natural parents is a national or citizen1 or is entitled upon application to become a national or citizen of such country1 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 #a 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 birth4 #ajjb4 ,voting limited to citizens ,in the exercise of its powers under section #e of the ,fourteenth ,article of ,amendment to the ,constitution of the ,united ,states to enforce the prohibition of section #a of such ,article against the making or enforcing of any law that shall abridge the privileges or immunities of citizens of the ,united ,states1 the ,congress determines that the right of citizens to vote is a privilege of citizens of the ,united ,states and that voting in elections of the ,united ,states or of any ,state by persons who are not citizens of the ,united ,states is an abridgement of that privilege4 ,it shall be unlawful1 and a felony punishable by a fine of not more than #aj1jjj and_/or imprisonment of not more than #a year for each unlawful vote1 for any person who is not a citizen of the ,united ,states to vote in any election to which the provisions of the ,fifteenth1 ,nineteenth1 ,twenty-,fourth1 or ,twenty-,sixth ,article of ,amendment to the ,constitution applies or in any other election1 referendum1 ballot1 or other procedure of the ,united ,states or of any ,state in which votes are taken4 ,any vote that is cast in violation of this section shall be null1 void1 and of no effect and shall not be counted4