text: 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.
target: 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.
feat_title: Exclusion and Asylum Reform Amendments of 1993