article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Exclusion and Asylum Reform Amendments of 1993''. SEC. 2. ADMISSIONS FRAUD. (a) Exclusion for Fraudulent Documents and Failure To Present Documents.--Section 212(a)(6)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)) is amended-- (1) by striking ``(C) Misrepresentation'' and inserting in lieu thereof the following: ``(C) Fraud, misrepresentation, and failure to present documents''; (2) by adding at the end the following new clause: ``(iii) Fraudulent documents and failure to present documents.-- ``(I) Any alien who, in seeking entry to the United States or boarding a common carrier for the purpose of coming to the United States, presents any document which, in the determination of the immigration officer, is forged, counterfeit, altered, falsely made, stolen, or inapplicable to the alien presenting the document, or otherwise contains a misrepresentation of a material fact, is excludable. ``(II) Any alien who, in boarding a common carrier for the purpose of coming to the United States, presents a document that relates or purports to relate to the alien's eligibility to enter the United States, and fails to present such document to an immigration officer upon arrival at a port of entry into the United States, is excludable.''. (b) Availability of Asylum and Other Discretionary Relief.-- (1) Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended by adding at the end the following new subsection: ``(e)(1) Application of Fraud Exclusion.--Notwithstanding subsection (a) and except as provided in paragraph (2), any alien who is excludable under section 212(a)(6)(C)(iii) or section 212(a)(7)(A)(i) may not apply for or be granted asylum. ``(2) Exception.--The limitation under paragraph (1) shall not apply if the action upon which the exclusion is based was pursuant to direct departure from a country in which (A) the alien has a credible fear of persecution, or (B) there is a significant danger that the alien would be returned to a country in which the alien would have a credible fear of persecution. ``(3) Definition.--As used in this subsection, the term `credible fear of persecution' means (A) that it is more probable than not that the statements made by the alien in support of his or her claim are true, and (B) that there is a significant possibility, in light of such statements and of such other facts as are known to the officer about country conditions, that the alien could establish eligibility as a refugee within the meaning of section 101(a)(42)(A).''. (2) Section 212(c) of the Immigration and Nationality Act (8 U.S.C. 1182(c)) is amended in the third sentence by inserting before the period ``or to any alien who is excludable pursuant to section 212(a)(6)(C)(iii)''. SEC. 3. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS. Section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) is amended to read as follows: ``(b) Inspection and Exclusion by Immigration Officers.-- ``(1) An immigration officer shall inspect each alien who is seeking entry to the United States. ``(2)(A) If the examining immigration officer determines that an alien seeking entry-- ``(i)(I) is excludable under section 212(a)(6)(C)(iii), or ``(II) is excludable under section 212(a)(7)(A)(i), ``(ii) does not have any reasonable basis for legal entry into the United States, and ``(iii) does not indicate an intention to apply for asylum under section 208, the alien shall be specially excluded from entry into the United States without a hearing. ``(B) The examining immigration officer shall refer to an immigration officer, specially trained to conduct interviews and make determinations bearing on eligibility for asylum, any alien who is (i) excludable under section 212(a)(6)(C)(iii) or section 212(a)(7)(A) (i) and (ii) who has indicated an intention to apply for asylum. Such an alien shall not be considered to have entered the United States for purposes of this Act. ``(C) An alien under subparagraph (B) who is determined by an immigration officer, specially trained to conduct interviews and make determinations bearing on eligibility for asylum, to be excludable and ineligible for the exception under section 208(e)(2), shall be specially excluded and deported from the United States without further hearing. ``(3)(A) Except as provided in subparagraph (B), if the examining immigration officer determines that an alien seeking entry is not clearly and beyond a doubt entitled to enter, the alien shall be detained for a hearing before an immigration judge. ``(B) The provisions of subparagraph (A) shall not apply-- ``(i) to an alien crewman, ``(ii) to an alien described in paragraph (2)(A) or (2)(C), or ``(iii) if the conditions described in section 273(d) exist. ``(4) The decision of the examining immigration officer, if favorable to the admission of any alien, shall be subject to challenge by any other immigration officer and such challenge shall operate to take the alien, whose privilege to enter is so challenged, before an immigration judge for a hearing on exclusion of the alien. ``(5) The Attorney General shall establish procedures that ensure that aliens are not specially excluded under paragraph (2)(A) without an inquiry into their reasons for seeking entry into the United States. ``(6)(A) Subject to subparagraph (B), 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 subsection. ``(B) An alien who (i) is physically present in the United States, (ii) has been physically present in the United States for a continuous period of one year, and (iii) has not been inspected and admitted by an immigration officer may be said to have entered the United States without inspection. Such an alien is subject to deportation pursuant to section 241(a)(1)(B).''. SEC. 4. JUDICIAL REVIEW. Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) (as amended by section 3) is amended by adding after subsection (c) the following new subsections: ``(d) Habeas Corpus Review.--Notwithstanding any other provision of law, no court shall have jurisdiction to review, except by petition for habeas corpus, any determination made with respect to an alien found excludable pursuant to section 212(a)(6)(C)(iii) or section 212(a)(7)(A)(i). In any such case, review by habeas corpus shall be limited to examination of whether the petitioner (1) is an alien, and (2) was ordered excluded from the United States pursuant to section 235(b)(2). ``(e) Other Limits on Judicial Review and Action.--Notwithstanding any other provision of law, no court shall have jurisdiction (1) to review the procedures established by the Attorney General for the determination of exclusion pursuant to section 212(a)(6)(C)(iii) or section 212(a)(7)(A)(i), or (2) to enter declaratory or injunctive relief with respect to the implementation of subsection (b)(2). Regardless of the nature of the suit or claim, no court shall have jurisdiction except by habeas corpus petition as provided in subsection (d) to consider the validity of any adjudication or determination of special exclusion or to provide declaratory or injunctive relief with respect to the special exclusion of any alien. ``(f) Collateral Enforcement Proceedings.--In any action brought for the assessment of penalties for improper entry or re-entry of an alien under section 275 or 276, no court shall have jurisdiction to hear claims collaterally attacking the validity of orders of exclusion, special exclusion, or deportation entered under sections 235, 236, and 242.''. SEC. 5. CONFORMING AMENDMENTS. Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended-- (1) in the second sentence of paragraph (1) by striking out ``Deportation'' and inserting in lieu thereof ``Subject to section 235(b)(2), deportation''; and (2) in the first sentence of paragraph (2) by striking out ``If'' and inserting in lieu thereof ``Subject to section 235(b)(2), if''. SEC. 6. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING. Section 274(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)) is amended by striking ``five years'' and inserting ``ten years''. SEC. 7. EFFECTIVE DATE. Except as otherwise provided, the amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to aliens who arrive in or seek admission to the United States on or after such date.
summary: Exclusion and Asylum Reform Amendments of 1993 - Amends the Immigration and Nationality Act to create grounds for exclusion of an alien who: (1) uses or attempts to use a fraudulent document to enter the United States, or to board a common carrier for such purpose; or (2) uses a document to board a common carrier and then fails to present such document to an immigration official upon arrival at a U.S. port of entry. Prohibits the granting of asylum to an alien who is found to be using fraudulent entry documents or who fails to present entry-related documents, unless a specially trained immigration officer determines such actions were pursuant to departure from a country in which: (1) the alien had a credible fear of persecution; or (2) there was a significant danger that the alien would be returned to a country in which he or she would have a credible fear of persecution. Provides for port of entry exclusion and deportation without administrative or judicial appeal (except by a limited petition of habeas corpus) for such admission document fraud. Increases penalties for certain alien smuggling offenses.