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HomeMy WebLinkAboutMINUTES - 05161995 - S1 TO: BOARD OF SUPERVISORS ContraSUPERVISOR GAYLE BISHOP Costa � . ����: .:: • • ¢ County May 11, 1995 �?s �UUN .•��� DATE: ENDORSING THE ILLEGAL IMMIGRATION CONTROL AND ENFORCEMENT. ACT OF sueJEcr: 1995, S.580, (Feinstein) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ENDORSE the Illegal Immigration Control and Enforcement Act of 1995, S. 580 by Senator Dianne Feinstein and AUTHORIZE the Chair of the Board of Supervisors to sign a letter to Senator Feinstein indicating the Board' s support for S. 580 and her efforts to control illegal immigration into California. BACKGROUND: Senator Feinstein has introduced S. 580 in an effort to stem the flow of illegal immigrants into California. S. 580 includes the following elements: ❑ Creates a counterfeit-proof work and benefits authorization verification system so any employer can be 100% certain an individual is in this country legally. ❑ Increases the civil fines for anyone who knowingly hires, recruits or refers illegal aliens for hiring. Under current law, fines range between $250 and $2,000 per alien hired for a first offense. S. 580 increases that range to between $1,000 to $3,000 . Second offenses would carry per alien fines of between $3,000 and $7,000 (up from $2,000 to $5,000) and third or subsequent offenses would cost $7,000 to $20,000 per alien, more than double the current $3,000 to $10,000 liability. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON May 16, 1995 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED Contact: PHIL B T ELOR,CLERK OF THE BOARD OF cc: See Page 3 SUPERVISORS AND COUNTY ADMINISTRATOR BY .DEPUTY -2- ❑ Doubles the maximum criminal fine, and triples the maximum jail sentence for anyone who facilitates a fraudulent application for benefits by an unlawful alien by counterfeiting the seal or stamp of any Federal agency. S. 580 would impose new maximums of $500,000 or 15 years in jail, or both. ❑ Broadens current Federal asset seizure authority to include those who smuggle or harbor illegal aliens and those who produce false work and benefits documents . ❑ Makes document fraud crimes an aggravated felony so that aliens may be deported more easily. ❑ Increases penalties for document forgers or counterfeiters . First offenders will be sentenced to 21, to five years, 5 to 10 years with any prior felony conviction, and 10 to 15 years with two or more prior felonies . Currently, document forgers can receive as little as 0 to 6 months for first offenses . ❑ Establishes a modest, $1 border crossing fee that could generate $400 million annually to finance border-enforcement efforts, narcotic abatement programs, and to fully staff border crossing gates for those legally entering the United States . ❑ Requires the Department of Justice to hire at least 700 more Border Patrol agents in each of the next three fiscal years, and authorizes the hiring of up to 300 additional support personnel . Deploys new Border Patrol agents in areas most in need, including the Southwest border. ❑ Provides border equipment and infrastructure necessary to stop illegal immigration. ❑ Fully staffs land border crossings at peak periods to expedite legal travel across the border. ❑ Speeds up deportation for those who have committed misdemeanors and aggravated felonies and broadens the list of crimes considered aggravated felonies . ❑ Insists on the negotiation of mandatory Prisoner Transfer Treaties to require illegal immigrants convicted of crimes to serve their sentences in their "home" country. ❑ Requires sponsors of legal immigrants to make good on their promise of financial support should the legal alien require assistance before becoming a citizen of this country. Such promises are not now legally enforceable. This legislation also makes sponsors responsible for the costs of medical care and requires them to obtain private health insurance for the immigrant they've sponsored. A "safety valve" is built into the bill, however, for sponsors who die, or who become impoverished or bankrupt. ❑ Denies the Earned Income Tax Credit to persons in the United States illegally. ❑ Imposes tough minimum and maximum sentences on smugglers and imposes those penalties for each alien smuggled. At the moment, penalties are assessed per "transaction" no matter how many illegal immigrants are smuggled across our borders . ❑ Increases the penalty for smugglers in the event an alien is injured, killed, or is subjected to blackmail threats by the smuggler. ❑ Deports so-called "weekend warriors" - legal permanent residents of the United States who smuggle illegal immigrants for profit on the weekend - and who then try to use their immigration status to stay in the United States . -3- cc: County Administrator District Attorney Sheriff-Coroner Health Services Director Acting Social Services Director Community Services Director -BOARD OF SUPERVIESORS CONTRA COSTA COUNTY GAYLE BISHOP SUPERVISOR,THIRD DISTRICT TO: Claude Van Marter FROM: Patricia A. Rosenberg ' DATE: April 25, 1995 RE: S. 580 - The Illegal Immigration Control & Enforcement Act of 1995 Per Gayle's directions, I am forwarding the`follo*ing letter and propose¢ legislation s� from Senator Dianne Fensteifi As the Senator hag requested;Gayle would like this to be an S. item in the form�b a ,resolution in support of Senator Feinstein's approach to immigration reform. Thank you for you r'°attention,to this matter. , v CONTRA COSTA COUNTY r RECEIVED 1 APR 2 61995 OFFICE OF _ COUNTY ADMINISTRATOR l ; 18 CROW CANYON COURT#120 SAN RAMON,CALIFORNIA 94583-1669 TELEPHONE(510)820-8683 FACSIMILE(510)820-6627 DIANNE FEINSTEIN COMMITTEE ON FOREIGN RELATIONS CALIFORNIA COMMITTEE ON THE JUDICIARY COMMITTEE ON RULES AND ADMINISTRATION United Mates senate WASHINGTON, DC 20510-0504 April 12 , 1995 The Honorable Gayle Bishop Chair, District III Contra Costa County 18 Crow Canyon Ct . , Ste 120 San Ramon, California 94583 Dear Supervisor Bishop: I am writing today to ask you to endorse my legislation to address the problem of illegal immigration. The overwhelming passage of Proposition 187 sent a loud and clear signal to members of Congress to pass immigration reform legislation. And while I simply couldn' t support Prop. 187, I have long understood the importance of stopping illegal immigration before there is a backlash against all immigrants . The Illegal Immigration Control and Enforcement Act of 1995 (S. 580) expands upon legislation I introduced during the last session of Congress . Additional provisions to the bill have been suggested by local law enforcement leaders and federal prosecutors based in California. Specifically, this legislation increases the strength of the Border Patrol, requires creation of a counterfeit-proof work verification system, dramatically stiffens penalties for a host of crimes ranging from alien smuggling to the counterfeiting of work documents, and makes the strongest possible statement in support of deporting criminal aliens to their country of origin. Illegal immigration has had a dramatic impact here in California, which is cited in a recent study by the Urban Institute as the state which bears the highest costs for providing services to illegal immigrants . California is also cited as the primary destination for illegal immigrants, and the burden for educating illegal immigrants alone has been estimated at $1 . 3 billion annually. The cost to incarcerate undocumented immigrants is estimated by the Urban Institute to be $367 million. I believe these costs have placed .an undo burden on cities and counties up and down the state . FRESNO OFFICE: LOS ANGELES OFFICE: SAN DIEGO OFFICE: SAN FRANCISCO OFFICE: 1130"0"STREET 11111 SANTA MONICA BLVD. 750"B"STREET 1700 MONTGOMERY STREET SUITE 2446 SUITE 915 SUITE 1030 SUITE 305 FRESNO,CA 93721 LOS ANGELES,CA 90025 SAN DIEGO,CA 92101 SAN FRANCISCO,CA 94111 (209)485-7430 (310)914-7300 (619)231-9712 (415)249-4777 As you may know, I recently was appointed to serve on the United States Senate subcommittee responsible for overseeing the federal government' s immigration policies . I truly believe the time has come for Congress to work in a bipartisan way to pass immigration-reform legislation. In order to enact responsible immigration reform, I need you to come out strongly in favor of this legislation. My staff is gathering letters of support from elected officials throughout California who can speak about the need for this legislation. I would very much appreciate not only a personal letter of support from you but also a resolution from your Board of Supervisors supporting my approach to immigration reform. These documents will be used to demonstrate the support in California for immigration reform. If you have any questions or would like to share any additional thoughts on the matter, please contact Adam Eisgrau of my Washington, D.C. staff at 202/224-3841 or Kathy Jordan of my San Francisco staff at 415/249-4777 . Letters and other information should be mailed to Kathy' s attention at 1700 Montgomery Street, Suite 305, San Francisco, CA. , 94111 prior to April 25th. Your support in this effort is invaluable, and I look forward to hearing from you. Thank you in advance for your help. c ely yours, i Di ne Feinstein nited States Senator DF .ryr DIANNE FEINSTEIN COMMITTEE ON FOREIGN RELATIONS CALIFORNIA COMMITTEE ON THE JUDICIARY COMMITTEE ON RULES AND ADMINISTRATION United Mates senate WASHINGTON, DC 20510-0504 For Immediate Release Contact: Bill Chandler Tuesday, March 21, 1995 202/224-9629 SENATOR FEINSTEIN INTRODUCES LEGISLATION TO ADDRESS PROBLEM OF ILLEGAL IMMIGRATION WASHINGTON, D.C. -- United States Senator Dianne Feinstein today introduced immigration-reform legislation that increases the strength of the Border Patrol, creates a counterfeit-proof work verification system, stiffens penalties for a host of crimes ranging from alien smuggling to producing counterfeit work documents, and makes more criminal aliens deportable to their country of origin. As one of seven members of the immigration subcommittee of the Senate Judiciary Committee, Senator Feinstein hopes to see the Illegal Immigration Control and Enforcement Act of 1995 incorporated into a bipartisan plan adopted by Congress this year. This builds upon legislation introduced by Senator Feinstein last year; new proposals focus on increasing penalties for alien smugglers and manufacturers of counterfeit work cards, and in detecting fraudulent benefits applications. "There simply is no time to lose. The crisis of illegal immigration continues in California and in the nation. Too many people still are able to illegally cross our borders. And too few states, most notably California, carry the burden of having to support, educate and sometimes incarcerate the hundreds of thousands who enter the United States illegally each year. "Despite its major flaws and probable unconstitutionality,. Prop. 187 was overwhelmingly approved by voters in California last. November. The message was clear: stop illegal immigration. If Congress does not heed this warning, I fear an even more serious backlash nationwide against all immigrants, including those who want to come here legally," the Senator said today in remarks on the floor of the United States Senate. "This bill does not stop illegal immigration by removing children from schools. -more- -::c¢\"',II-Fi._.i ,C.. 5 r A.CISCO Oi7F C= Sc =_2446 S. .16 ., .. t03i1 g•.rre 3U5 =Fes no.CA 9372: C:-1 92 101 S,:.r�F;a:,vatico.CA 9411 -2- Rather, it stops illegal immigration where it should be stopped: at the border. It also greatly reduces or removes incentives why people come to this country illegally. It strengthens employer sanctions by making it financially unwise for American companies to hire illegal immigrants," the Senator added. "One of the top objectives of immigration reform must be to eliminate the problem of counterfeit work documents. Employer sanctions are meaningless unless we provide a counterfeit-proof method to identify people who can work here legally. This legislation requires that a way to create a secure system be devised. It dramatically stiffens penalties for those who manufacture false work documents and for those who knowingly hire illegal immigrants," the Senator added. Six specific components of the legislation address the problem of counterfeit documents being used to obtain work and federally-funded benefits. The Senator's legislation: ♦ Creates a counterfeit-proof work and benefits authorization verification system so any employer can be 100 percent certain a candidate is here legally. ♦ Dramatically increases the civil fines for anyone who knowingly hires, recruits or refers illegal aliens for hiring. Under current law, fines range between $250 and $2,000 - per alien hired -- for a first offense. This legislation increases that range from $1,000 to $3,000. Second offenses would carry per alien fines of between $3,000 and $7,000 (up from $2,000 - $5,000) and third or later offenses would cost $7,000 - $20,000 per alien, more than double the current $3,000 - $10,000 liability. ♦ Dramatically increases the criminal penalties for a "pattern or practice" of the hiring of illegal immigrants. Under current law, fines start at $3,000 and/or six months in prison. This legislation increases the penalties to $9,000 and up to 2 years' incarceration. ♦ Doubles the maximum criminal fine, and triples the maximum jail sentence, for anyone who facilitates a fraudulent application for benefits by an unlawful alien by counterfeiting the seal or stamp of any Federal agency. If my bill is enacted, the ne-\\- maximums will be $500,000, or 15 years in jail. or both. -more- -3- Broadens current Federal asset seizure authority to include those who smuggle or harbor illegal aliens, and those who produce false work and benefits documents. ♦ Makes document fraud crimes an "aggravated felony" so that aliens may be deported more easily. ♦ Dramatically increases penalties for document forgers or counter- feiters. First offenders will be sentenced to 2 1/2 to 5 years, 5 to 10 years with any prior felony conviction, and 10 to 15 years with two or more prior felonies. Currently, document forgers can receive as little as 0 to 6 months for first offenses. Other components of the Feinstein legislation will: ♦ Establish a modest, $1 border crossing fee that could generate $400 million annually to finance border-enforcement efforts, narcotic abatement programs, and to fully staff border crossing gates for those legally entering the United States. ♦ Require the Department of Justice to hire at least 700 more Border Patrol agents, in each of the next three fiscal years, and authorizing the hire of up to 300 additional support personnel. Deploy new Border Patrol agents in areas most in need, including the Southwest border. ♦ Provide border equipment and infrastructure necessary to stop illegal immigration. ♦ Fully staff land border crossings at peak periods to expedite legal travel across the border. ♦ Speed up deportation for those who have committed misdemeanors and aggravated felonies and broaden the list of crimes considered aggravated felonies. ♦ Insist on the negotiation of mandatory Prisoner Transfer Treaties to require illegal immigrants convicted of crimes to serve their sentences in their "home" countries. ♦ Require sponsors of legal immigrants to make good on their promise of financial support should the legal alien require assistance before -more- -4- becoming a citizen of this country. Such promises are not now legally enforceable. This legislation also makes sponsors responsible for the costs of medical care and requires them to obtain private health insurance for the immigrant they've sponsored. A "safety valve" is built into the bill, however, for sponsors who die, or who become impoverished or bankrupt. ♦ Deny the Earned Income Tax Credit to persons in the United States illegally. ♦ Impose tough minimum and maximum sentences on smugglers -- and impose those penalties for each alien smuggled. At the moment, penalties are assessed per "transaction," no matter how many illegal immigrants are smuggled across our borders. ♦ Increase the penalty for smugglers in the event an alien is injured, killed, or subject to blackmail threats by the smuggler. ♦ Deport so-called "weekend warriors" -- legal permanent residents of the U.S. who smuggle illegal immigrants for profit on the weekend -- and then try to use their immigration status to stay in the United States. Senator Feinstein's legislation is expected to be considered by the Immigration Subcommittee of the Senate Judiciary Committee in the coming months. SENATOR DIANNE FEINSTEIN "ILLEGAL IMMIGRATION CONTROL AND ENFORCEMENT ACT OF 1995" SECTION-BY-SECTION SUMMARY SECTION 1. -- SHORT TITLE "Illegal Immigration Control and Enforcement Act of 1995" TITLE I -- ILLEGAL'IMMIGRATION CONTROL AND ENFORCEMENT Part A -- Expanded Border Patrol, Support, Training and Resources SECTION 111. -- BORDER PATROL EXPANSION AND DEPLOYMENT ♦ requires the Attorney General, over this and the next two fiscal years, to expand the Border Patrol by at least 700 (and, consistent with the 1994 Crime Bill, up to 1,000) full-time Agents each year, in order to build a force of up to 6000 full-time agents by the end of FY 1996, 7000 by the end of FY 1997, and 8,000 by the end of FY 1998; ♦ authorizes the Attorney General, in her discretion, to hire up to 300 Border Patrol support personnel in this and each of the next three fiscal years if fewer than 1,000 Border Patrol Agents are considered necessary. ♦ requires the Attorney General to deploy the new Border Patrol Agents authorized by this Act among the various INS Sectors primarily in proportion to the level of illegal intrusion measured in each Sector during the preceding fiscal year and anticipated in the coming year; ♦ also requires that such new personnel be actively engaged in (or in support of) law enforcement activities related to illegal immigration control. SECTION 112. -- HIRING PREFERENCE FOR BILINGUAL AGENTS ♦ requires the Attorney General to give priority in hiring new Agents authorized to persons proficient in both English and such other language(s) as are likely to be spoken in the region to which they are likely to be assigned. SECTION 113. -- IMPROVED BORDER PATROL TRAINING ♦ requires the Attorney General to assure that all active-duty members of the Border Patrol, and other Immigration and Naturalization Service personnel likely in the course of their official duties to come into contact with potentially illegal immigrants, have received sufficient in-service training to assure that the rights, personal safety and dignity of all such persons are respected at all times; ♦ requires the Attorney General to include in the INS's annual report to Congress: o a description of the efforts undertaken to meet the training requirements of the bill; o specific findings concerning the scope and nature of any activity by Border Patrol personnel deemed by the Attorney General to have infringed or compromised the civil rights, personal safety or dignity,of any individual in the preceding year; and o specific recommendations for discouraging and sanctioning any such future conduct by INS personnel. SECTION 114. -- BORDER EQUIPMENT AND INFRASTRUCTURE IMPROVEMENT ♦ authorizes the Attorney General to request and promptly obtain such U.S. Government surplus property and other equipment or devices, including but not limited to vehicles, aircraft, surveillance, detection and other equipment, as may be required in the discretion of the Attorney. General to improve the detection, interdiction and reduction of illegal immigration and drug transfer to the United States; ♦ authorizes the Attorney General, in consultation with the Secretary of the Treasury, to make those physical improvements in border crossing infra- structure needed to expedite inspections of persons and vehicles incident to lawful border transit; ♦ targets infrastructure improvements to those locations determined by the Attorney general, in consultation with Congress, to have the greatest or most immediate needs. Part B -- Expanded Border Inspection Personnel, Support, and Facilities SECTION 121. -- ADDITIONAL LAND BORDER INSPECTORS ♦ requires the Attorney General and Secretary of the Treasury in the next two fiscal years to increase the number of full-time INS land border inspectors to a level adequate to assure the full staffing at peak periods of all border crossing lanes now in use, under construction or authorized by Congress in order to maximize the thoroughness of inspections while minimizing resultant delay. ♦ requires that the new land border inspectors hired be deployed among the various INS Sectors primarily in proportion to the number of_land border crossings measured in each Sector during the preceding fiscal year and anticipated in the coming year. Part C -- Detention and Deportation Enhancement SECTION 131. -- BAR TO COLLATERAL ATTACKS ON DEPORTATION ORDERS IN UNLAWFUL REENTRY PROSECUTIONS ♦ in a criminal proceeding against a deported alien who has unlawfully re- entered the U.S., precludes the court from re-examining the validity of the alien's original deportation order except when the alien demonstrates that: (1) all administrative remedies were exhausted; (2) the deportation proceedings improperly deprived the alien of the opportunity for judicial review; and (3) that the entry of the order of deportation was "funda- mentally unfair." SECTION 132. -- FORM OF DEPORTATION HEARINGS ♦ responds to two holdings of the 9th Circuit by clarifying that the Attorney General may, with the consent of the alien and all parties, conduct deportation proceedings at which the alien is not physically present by electronic or telephonic means. SECTION 133. -- DEPORTATION AS A CONDITION OF PROBATION ♦ permits a sentencing court to require, as a prerequisite to receiving a sentence of probation, that an alien consent to being deported from the United States. Part D -- Enhanced Criminal Alien Deportation and Transfer SECTION 141. -- EXPANDED DEFINITION OF "AGGRAVATED FELONY" ♦ expands the current definition of an "aggravated felony" triggering deportation by amending the current statute to: o change from specified sentences "imposed" to "punishable by 3 years" the sentence which brings certain specified offenses (e.g_, violent, theft, pornography, racketeering, document fraud crimes and failing to appear for sentencing) within the definition; o reduce to $10,000 the sums that must be involved in money laun- dering, fraud, or tax evasion offenses in order to meet the definition; and o include within the statutory definition specified additional crimes, including: transportation for the purpose of prostitution, gambling offenses, commercial bribery, counterfeiting, forgery or trafficking in vehicles whose identification numbers have been altered. SECTION 142. -- RESTRICTING DEFENSES TO DEPORTATION FOR CERTAIN CRIMINAL ALIENS ♦ makes an alien convicted of an aggravated felony ineligible to seek "withholding" as a defense against deportation. SECTION 143. -- DENIAL OF DISCRETIONARY RELIEF ♦ prohibits the suspension of deportation, or adjustment of immigration status, of any alien convicted of an aggravated felony. SECTION 144. -- JUDICIAL DEPORTATION ♦ clarifies that judicial deportation authority may be exercised by U.S. Magistrates in misdemeanor cases. ♦ expressly permits both Judges and Magistrates in deportation proceedings to condition probation or other plea arrangements on the defendant's consent to deportation. SECTION 145. -- ENHANCED PRISONER TRANSFER TREATY AUTHORITY ♦ empowers the Secretary of State and Attorney General to enter into an agreement with any foreign nation for the involuntary_ incarceration in that country of any individual who: n is tenth a n-It;r"IaI nf that 'r,Iint— anA not rrrant t(1 0r resident of, the United States; or o is eligible to be deported from the United States as the result of a criminal conviction under Federal or State law, or other basis. ♦ makes clear that any such alien prisoner transfer should be mandatory and must not be contingent upon the convicted alien's consent to be trans- ferred, as provided under current treaties. ♦ suggests that the Secretary of State should give priority in concluding such transfer agreements with those nations that the President determines to be the source of a disproportionate number of all criminals eligible to be incarcerated abroad in accordance with this Section. SECTION 146. -- ANNUAL CRIMINAL ALIEN REPORT ♦ requires the Attorney General, within one year of passage of this legislation, to submit to the appropriate committees of Congress a report detailing: (1) number of illegal alien felons incarcerated in Federal and State prisons; (2) programs and plans of the Department of Justice to ensure the prompt removal from the United States of criminals subject to exclusion or deportation; (3) methods for identifying and preventing the unlawful re-entry of aliens previously convicted of criminal offenses in the United States; and SECTION 147. -- ADMISSIBILITY OF VIDEOTAPED AND OTHER AUDIOVISUALLY PRESERVED TESTIMONY ♦ in smuggling trials, expressly authorizes the admissibility into evidence of videotaped (or other similarly preserved) deposition testimony when the witness is unable to testify, the defendant has had full opportunity to cross-examine the witness deposed, and the deposition otherwise complies with the Federal Rules of Evidence. TITLE II -- ILLEGAL IMMIGRATION INCENTIVE REDUCTION Part A -- Public Benefits Control SECTION 211. -- STATE AUTHORITY TO LIMIT ASSISTANCE TO ALIENS AND TO DISTINGUISH AMONG CLASSES OF ALIENS ♦ for the first time, grants States the same authority now exercised by the Federal government to take the income of an immigrant's sponsor into account in determining the immigrant's eligibility for State benefits until the immigrant becomes a citizen. SECTION 212. -- ENHANCED CRIMINAL PENALTIES FOR FORGING OR COUNTERFEITING FEDERAL SEALS TO AID BENEFITS FRAUD ♦ increases from $250,000 to $500,000 the maximum criminal fine, and increases from 5 years to 15 years the maximum sentence, that may be imposed for the unauthorized or fraudulent use, possession or transfer of a facsimile or counterfeit of an official government stamp, seal or other similar instrument of authorization when the crime is intended to facili- tate (or has facilitated) an unlawful alien's fraudulent application for (or receipt of) a Federal benefit. SECTION 213. -- BINDING SPONSOR RESPONSIBILITY FOR LEGAL IMMIGRANTS ♦ makes promises of support provided by the sponsors of legal immigrants legally binding; ♦ includes all medical care of the sponsored immigrant among the expenses for which the sponsor is liable unless, within 20 days of the sponsored immigrants' entrance to the United States proof that private insurance of a type and amount to be determined by the Secretary of Health and Human Services has been purchased is provided to the Attorney General; ♦ lapse of such insurance shall be grounds, in the discretion of the Attorney General, for deportation of the sponsored immigrant; ♦ provides "safety valve" exemptions from liability for the death, bankruptcy or impoverishment of the sponsor. SECTION 214. -- HOSPITAL-BASED FRAUD INVESTIGATION ASSISTANCE PROGRAM ♦ modifies current federal Medicaid law to define as an "allowable cost" expenses incurred in supplementing public hospital benefits eligibility staffs with State or County fraud investigators; ♦ program is intended to facilitate the more thorough investigation of potentially fraudulent benefits claims before non-emergency acute care is rendered. SECTION 215. -- PORTS-OF-ENTRY BENEFITS DENIAL TASK FORCE DEMONSTRATION PROJECTS IN SOUTHWEST U.S. ♦ requires the Attorney General to establish six 2-year pilot programs in high illegal immigration states in the southwest designed to station and house state Department of Health or Social Services fraud investigators at selected ports of entry; ♦ such investigators would electronically search for potentially unlawful federal or state benefits applications by persons attempting to cross the border who meet a defined INS profile before such persons are cleared to enter the United States; ♦ admission would be denied by INS inspectors to any such person found by port-based state health service investigators to have unlawfully applied for or received state benefits. Part B -- Employer Sanctions Support SECTION 221. -- ADDITIONAL INS INVESTIGATORS ♦ in the discretion of the Attorney General, authorizes the hiring in fiscal years 1996 and 1997 of such additional investigators and staff as may be necessary to aggressively enforce existing sanctions against employers who employ workers in the United States illegally; SECTION 222. -- INCREASED PENALTIES FOR HIRING, RECRUITING OR REFERRING ILLEGAL ALIENS ♦ substantially increases minimum and maximum per alien civil penalties for knowingly hiring, recruiting or referring to an employer an individual not lawfully eligible to work in the United States; ♦ first offense tine range is increased to $1,000 - $3,000 (from $250 - $2,000); second offense to $3,000 - $7,000 (from $2,000 - $5,000) and third offense to $7,000 - $20,000 (from $3,000 to $10,000); ♦ also enhances the maximum criminal penalty for a "pattern and practice" of illegal hiring by an employer from $3,000 and six months in prison to $9,000 and 2 years in prison. SECTION 223. -- DENIAL OF EARNED INCOME TAX CREDIT TO PERSONS UNLAWFULLY EMPLOYED IN THE U.S. ♦ closes loophole in existing law which permits persons in the United States illegally to claim the earned income tax credit; ♦ legislation denies credit both to undocumented persons and to those who may have begun the tax year lawfully in the United States, but whose became unauthorized to remain in the country at any time during the tax year. SECTION 224. -- ENHANCED MINIMUM CRIMINAL PENALTIES FOR EXTORTION OR HOSTAGE HOLDING OF ALIENS UNLAWFULLY EMPLOYED ♦ provides new mandatory minimum criminal penalties of 5 to 10 years for a first offense, and 10 to 15 years for all subsequent offenses, for persons who attempt to exploit the undocumented or otherwise unlawful status of any person not authorized to work in the United States for the purpose of inducing the alien to work at sub-standard wages, in unsafe conditions, or to purchase food, clothing, tools or other necessities from the exploiter under the threat of being reported to the INS; ♦ directs the Federal Sentencing Commission to adopt specified base offense levels for such acts of extortion. SECTION 225. 7- WORK AUTHORIZATION VERIFICATION. ♦ requires the Attorney General, in consultation with the Secretary of Health and Human Services, to develop and implement a counterfeit- resistant system to verify eligibility for work authorization and federally- funded public assistance benefits; ♦ expressly specifies that, if the system designed utilizes a card, it shall not be required to be carried at all times, merely presented by all job or benefits applicants at the appropriate time. Part C -- Enhanced Wage and Hour Laws SECTION 231. -- ADDITIONAL LABOR DEPARTMENT INVESTIGATORS ♦ in the discretion of the Secretary of Labor, and in consultation with the Attorney General, authorizes the hiring in fiscal years 1996 and 1997 of such additional investigators and staff for the Wage and Hour Division of the United States Department of Labor as may be necessary to aggressively enforce existing legal sanctions against employers who violate current federal wage and hour laws; ♦ requires that such personnel and resources be directed to those areas of the country where the Attorney General has informed the Secretary of Labor that high concentrations of illegal aliens are believed to reside in violation of the law. SECTION 232. -- ADDITIONAL UNITED STATES ATTORNEYS - ♦ in the discretion of the Attorney General, authorizes the hiring in fiscal years 1996 and 1997 of such additional Assistant U.S. Attorneys as may be necessary to prosecute actions brought under this Act, or intended to directly further Congress' intention to preclude and deter illegal immigration. TITLE III -- ENHANCED SMUGGLING CONTROL AND PENALTIES SECTION 301. -- CRIMINAL PENALTIES FOR ALIEN SMUGGLING ♦ imposes new mandatory minimum penalties for ,for-profit alien smuggling of 2.5 to 5 years for a first offense, 5 to 10 years for a second offense, and 10 to 15 years for subsequent offenses ♦ makes the new penalties applicable per alien smuggled, rather than per smuggling "transaction" as in current law; ♦ directs the Federal Sentencing Commission to adopt specified offense levels to effectuate the section's intent after taking typical sentence ,reduction under the Guidelines into account, and to provide for enhanced penalties in cases of an alien's injury or death. I I SECTION 302. -- EXPANDED ASSET FORFEITURE AUTHORITY FOR SMUGGLING OR HARBORING ILLEGAL ALIENS ♦ broadens current INS authority to seize property (including homes and financial assets) used in, or to facilitate, the smuggling or harboring of illegal aliens; ♦ also makes subject to current forfeiture statutes real or personal property used to facilitate, or in conjunction with, passport, visa and other document fraud. SECTION 303. -- WIRETAP AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS ♦ permits the INS, after obtaining all currently required judicial -. authorization, to intercept wire, electronic, and oral communications of persons involved in alien smuggling operations. ♦ expressly makes various crimes relating to the production of false documentation, and proof of a pattern of smuggling activity, grounds for seeking wiretap: authority. SECTION 304. -- ELIMINATION OF "SECTION 212(c)" RELIEF FROM DEPORTATION FOR SMUGGLERS LAWFULLY IN THE UNITED STATES ♦ removes the Attorney General's current discretion to permit a lawful alien convicted of for-profit smuggling to avoid deportation on the grounds of the smuggler's long-time (minimum 7 year) residence in this country. SECTION 305. -- EFFECTIVE DATE ♦ title applies prospectively to offenses that occur after the date of enactment. TITLE IV -- ADMISSIONS AND DOCUMENT FRAUD CONTROL SECTION 401. -- CRIMINAL PENALTIES FOR DOCUMENT FRAUD ♦ imposes new mandatory minimum penalties for document fraud conducted for gain of 2.5 to 5 years for a first offense, 5 to 10 years for an offender with one prior felony conviction, and 10 to 15 years for an offender with two or more prior felony convictions; ♦ directs the Federal Sentencing Commission to adopt specified offense levels to effectuate the section's intent after taking typical sentence reduction under the Guidelines into account, and to provide for enhanced penalties based on the numbers of documents produced. TITLE V SECTION 501. -- BORDER CROSSING USER FEE ♦ requires the Attorney General to adopt and promulgate regulations prescribing a border crossing user fee of$1 to be collected from every individual, regardless of immigration or citizenship status, entering the United States by land or by sea. ♦ vests the Attorney General with the authority to prescribe an alternative fee or fees for such narrowly circumscribed classes of persons or entities, such as frequent border crossers, as, in the Attorney General's discretion, may warrant special consideration. ♦ establishes a revolving fund in the Department of the Treasury to accept crossing fee revenues. ♦ authorized uses of border fee revenues include: (1) fund actions prescribed in this legislation; (2) accomplish the goals underlying the President's current immigration proposals, including reform of the initial and affirmative asylum claim processes and the deportation of alien criminals immediately upon completion of their sentences; (3) fund the Organized Crime Drug Enforcement Task Force program; (4) conduct classes, or otherwise assist and encourage legal immigrants to attain U.S'. citizenship; and (5) fund such other activities as the Attorney General believes will reduce illegal immigration, the flow of illegal drugs into the United States, and the number alien criminals incarcerated in this country. ♦ requires the Attorney General to allocate funds from the border fee account to districts of the INS in proportion to the amount of illegal immigration in each district in the preceding fiscal year and anticipated in the coming year, as determined by the Attorney General.