SENATE BILL CRACKS DOWN
ON ILLEGAL IMMIGRANTS
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On May 2, 1996, the U.S. Senate passed the Immigration and Nationality Act of 1996 by a vote of 97
to 3. The bill is a broad crackdown on illegal aliens which contains over 100 provisions ranging from
increased enforcement at the border, stiffer sanctions against alien smugglers and employers who hire
illegal immigrants, and prevention of document fraud by making drivers' licenses and birth certificates
more counterfeit-resistant. Although portions of the bill dealing with legal immigration were stripped
from the bill, the legislation will make it increasingly difficult for illegals to legalize their status.
Emphasis on Enforcement
The bill raises Border Patrol enforcement levels to their highest level ever, adding 700 new agents in
the current year, and 1,000 more in each of the next four years, effectively doubling the size of the
Border Patrol.
The bill provides funds to construct a three-tiered fence in border areas south of San Diego and for
ground sensors, all-weather roads, low-light television systems and infrared night vision equipment.
The number of INS Special Agents assigned to enforce sanctions against employers who hire illegal
immigrants will increase by 300, and there will be increased penalties on employers who violate the
law. The number of documents which may be used to verify identity and employment authorization
on I-9 forms will decrease from 29 to 6.
The bill establishes a pilot project whereby employers may test the feasibility of a verification system
to determine an applicant's eligibility to work.
Limitations on Public Benefits
Sponsors of legal immigrants will be required to sign affidavits of supports whereby their income will
be "deemed" to the sponsored immigrants for purposes of receiving public benefits such as
Supplemental Security Income (SSI) and Aid to Families with Dependent Children (AFDC). This
limitation will remain in effect for ten years or until the immigrants naturalize , whichever comes first.
To qualify as a sponsor, the income of the sponsor's family must exceed 125% of the poverty level,
and must be proven by submission of the last three years of income tax returns.
Immigrants who violate these limitations could be found deportable from the U.S.
Criminal Aliens
The definition of "aggravated felonies" would be expanded to include offenses punishable by
imprisonment of one year or more regardless of the length of the sentence actually imposed. Judicial
review of all orders of exclusion or deportation for aliens convicted of felonies would be eliminated.
The legislation would require that INS take into custody deportable criminal aliens prior to their
release, and deport them within 30 days.
For the first time, state criminal courts would be permitted to make conclusive findings of fact
regarding the deportability of aliens appearing before them.
Other Restrictions
The bill contains numerous other restrictions on the rights of immigrants. For example, the bill would
prevent federal courts from overturning an administrative denial of a request for asylum unless the
denial was "manifestly contrary to law and an abuse of discretion".
Aliens who remain illegally in the U.S. for a certain period of time would not be allowed to immigrate
until they remained outside the U.S. for a certain number of years.
Bill Not Yet a Law
The Senate bill and a similar bill passed by the House of Representatives on March 21 will now go
before a Joint Senate-House Conference Committee to resolve differences between the two versions.
From there, the compromise bill will be voted upon by each House of Congress before being sent to
the President.
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