The Illegal Immigration Reform and

Immigrant Responsibility Act of 1996 ("IIRIRA")

Pub. L. 104-208, 110 Stat. 3009 (September 30, 1996)

Presentation (C) 1999 VIKRAM BADRINATH, P.C. All rights reserved.


Index

TITLE I--IMPROVEMENTS TO BORDER CONTROL, FACILITATION OF LEGAL
ENTRY, AND INTERIOR ENFORCEMENT

Subtitle A--Improved Enforcement at the Border

Sec. 101. Border patrol agents and support personnel.
Sec. 102. Improvement of barriers at border.
Sec. 103. Improved border equipment and technology.
Sec. 104. Improvement in border crossing identification card.
Sec. 105. Civil penalties for illegal entry.
Sec. 106. Hiring and training standards.
Sec. 107. Report on border strategy.
Sec. 108. Criminal penalties for high speed flights from immigration
checkpoints.
Sec. 109. Joint study of automated data collection.
Sec. 110. Automated entry-exit control system.
Sec. 111. Submission of final plan on realignment of border patrol
positions from interior stations.
Sec. 112. Nationwide fingerprinting of apprehended aliens.

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Subtitle B--Facilitation of Legal Entry

Sec. 121. Land border inspectors.
Sec. 122. Land border inspection and automated permit pilot projects.
Sec. 123. Preinspection at foreign airports.
Sec. 124. Training of airline personnel in detection of fraudulent
documents.
Sec. 125. Preclearance authority.

Subtitle C--Interior Enforcement

++Sec. 131. Authorization of appropriations for increase in number of
certain investigators.
++Sec. 132. Authorization of appropriations for increase in number of
investigators of visa overstayers.
Sec. 133. Acceptance of State services to carry out immigration
enforcement.
Sec. 134. Minimum State INS presence.

TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN
SMUGGLING; DOCUMENT FRAUD

++ Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling

++Sec. 201. Wiretap authority for investigations of alien smuggling or
document fraud.
Sec. 202. Racketeering offenses relating to alien smuggling.
Sec. 203. Increased criminal penalties for alien smuggling.
Sec. 204. Increased number of assistant United States Attorneys.
Sec. 205. Undercover investigation authority.

Subtitle B--Deterrence of Document Fraud

++Sec. 211. Increased criminal penalties for fraudulent use of
government-issued documents.
Sec. 212. New document fraud offenses; new civil penalties for document
fraud.
++Sec. 213. New criminal penalty for failure to disclose role as preparer
of false application for immigration benefits.
++Sec. 214. Criminal penalty for knowingly presenting document which
fails to contain reasonable basis in law or fact.
Sec. 215. Criminal penalty for false claim to citizenship.
Sec. 216. Criminal penalty for voting by aliens in Federal election.
Sec. 217. Criminal forfeiture for passport and visa related offenses.
Sec. 218. Penalties for involuntary servitude.
Sec. 219. Admissibility of videotaped witness testimony.
Sec. 220. Subpoena authority in document fraud enforcement.

TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND
REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS

Subtitle A--Revision of Procedures for Removal of Aliens
(Part 1)
Sec. 301. Treating persons present in the United States without
authorization as not admitted.
Sec. 302. Inspection of aliens; expedited removal of inadmissible
arriving aliens; referral for hearing (revised section
235).

(Part 2 )
Sec. 303. Apprehension and detention of aliens not lawfully in the
United States (revised section 236).
Sec. 304. (Part 3) Removal proceedings; cancellation of removal and adjustment
of status; voluntary departure (revised and new sections
239 to 240C).
Sec. 305. (Part 4) Detention and removal of aliens ordered removed (new section
241).
Sec. 306. (Part 5) Appeals from orders of removal (new section 242).
Sec. 307. (Part 6) Penalties relating to removal (revised section 243).
Sec. 308. Redesignation and reorganization of other provisions;
additional conforming amendments.
Sec. 309. (Part 7) Effective dates; transition.

Subtitle B--Criminal Alien Provisions

Sec. 321. Amended definition of aggravated felony.
Sec. 322. Definition of conviction and term of imprisonment.
Sec. 323. Authorizing registration of aliens on criminal probation or
criminal parole.
Sec. 324. Penalty for reentry of deported aliens.
Sec. 325. Change in filing requirement.
Sec. 326. Criminal alien identification system.
Sec. 327. Appropriations for criminal alien tracking center.
Sec. 328. Provisions relating to State criminal alien assistance
program.
Sec. 329. Demonstration project for identification of illegal aliens in
incarceration facility of Anaheim, California.
Sec. 330. Prisoner transfer treaties.
Sec. 331. Prisoner transfer treaties study.
Sec. 332. Annual report on criminal aliens.
Sec. 333. Penalties for conspiring with or assisting an alien to commit
an offense under the Controlled Substances Import and
Export Act.
Sec. 334. Enhanced penalties for failure to depart, illegal reentry,
and passport and visa fraud.

Subtitle C--Revision of Grounds for Exclusion and Deportation

Sec. 341. Proof of vaccination requirement for immigrants.
Sec. 342. Incitement of terrorist activity and provision of false
documentation to terrorists as a basis for exclusion from
the United States.
++Sec. 343. Certification requirements for foreign health-care workers.
Sec. 344. Removal of aliens falsely claiming United States citizenship.
Sec. 345. Waiver of exclusion and deportation ground for certain
section 274C violators.
++Sec. 346. Inadmissibility of certain student visa abusers.
Sec. 347. Removal of aliens who have unlawfully voted.
++Sec. 348. Waivers for immigrants convicted of crimes.
++Sec. 349. Waiver of misrepresentation ground of inadmissibility for
certain alien.
++Sec. 350. Offenses of domestic violence and stalking as ground for
deportation.
Sec. 351. Clarification of date as of which relationship required for
waiver from exclusion or deportation for smuggling.
++Sec. 352. Exclusion of former citizens who renounced citizenship to
avoid United States taxation.
Sec. 353. References to changes elsewhere in division.

Subtitle D--Changes in Removal of Alien Terrorist Provisions

Sec. 354. Treatment of classified information.
Sec. 355. Exclusion of representatives of terrorist organizations.
Sec. 356. Standard for judicial review of terrorist organization
designations.
Sec. 357. Removal of ancillary relief for voluntary departure.
Sec. 358. Effective date.

Subtitle E--Transportation of Aliens

Sec. 361. Definition of stowaway.
Sec. 362. Transportation contracts.

Subtitle F--Additional Provisions

Sec. 371. Immigration judges and compensation.
Sec. 372. Delegation of immigration enforcement authority.
Sec. 373. Powers and duties of the Attorney General and the
Commissioner.
Sec. 374. Judicial deportation.
Sec. 375. Limitation on adjustment of status.
Sec. 376. Treatment of certain fees.
++Sec. 377. Limitation on legalization litigation.
Sec. 378. Rescission of lawful permanent resident status.
Sec. 379. Administrative review of orders.
++Sec. 380. Civil penalties for failure to depart.
Sec. 381. Clarification of district court jurisdiction.
Sec. 382. Application of additional civil penalties to enforcement.
Sec. 383. Exclusion of certain aliens from family unity program.
Sec. 384. Penalties for disclosure of information.
Sec. 385. Authorization of additional funds for removal of aliens.
Sec. 386. Increase in INS detention facilities; report on detention
space.
Sec. 387. Pilot program on use of closed military bases for the
detention of inadmissible or deportable aliens.
Sec. 388. Report on interior repatriation program.

TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT

Subtitle A--Pilot Programs for Employment Eligibility Confirmation

Sec. 401. Establishment of programs.
Sec. 402. Voluntary election to participate in a pilot program.
Sec. 403. Procedures for participants in pilot programs.
Sec. 404. Employment eligibility confirmation system.
Sec. 405. Reports.

Subtitle B--Other Provisions Relating to Employer Sanctions

++Sec. 411. Limiting liability for certain technical violations of
paperwork requirements.
++Sec. 412. Paperwork and other changes in the employer sanctions
program.
Sec. 413. Report on additional authority or resources needed for
enforcement of employer sanctions provisions.
++Sec. 414. Reports on earnings of aliens not authorized to work.
Sec. 415. Authorizing maintenance of certain information on aliens.
Sec. 416. Subpoena authority.

Subtitle C--Unfair Immigration-Related Employment Practices

++Sec. 421. Treatment of certain documentary practices as unfair
immigration-related employment practices.

++TITLE V--RESTRICTIONS ON BENEFITS FOR ALIENS

Subtitle A--Eligibility of Aliens for Public Assistance and Benefits

Sec. 501. Exception to ineligibility for public benefits for certain
battered aliens.
Sec. 502. Pilot programs on limiting issuance of driver's licenses to
illegal aliens.
Sec. 503. Ineligibility of aliens not lawfully present for Social
Security benefits.
Sec. 504. Procedures for requiring proof of citizenship for Federal
public benefits.
Sec. 505. Limitation on eligibility for preferential treatment of
aliens not lawfully present on basis of residence for
higher education benefits.
Sec. 506. Study and report on alien student eligibility for
postsecondary Federal student financial assistance.
Sec. 507. Verification of immigration status for purposes of Social
Security and higher educational assistance.
Sec. 508. No verification requirement for nonprofit charitable
organizations.
Sec. 509. GAO study of provision of means-tested public benefits to
aliens who are not qualified aliens on behalf of eligible
individuals.

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Sec. 510. Transition for aliens currently receiving benefits under the
Food Stamp program.

Subtitle B--Public Charge Exclusion

Sec. 531. Ground for exclusion.

Subtitle C--Affidavits of Support

++Sec. 551. Requirements for sponsor's affidavit of support.
Sec. 552. Indigence and battered spouse and child exceptions to Federal
attribution of income rule.
Sec. 553. Authority of States and political subdivisions of States to
limit assistance to aliens and to distinguish among
classes of aliens in providing general cash public
assistance.

Subtitle D--Miscellaneous Provisions

Sec. 561. Increased maximum criminal penalties for forging or
counterfeiting seal of a Federal department or agency to
facilitate benefit fraud by an unlawful alien.
++Sec. 562. Treatment of expenses subject to emergency medical services
exception.
Sec. 563. Reimbursement of States and localities for emergency
ambulance services.
++Sec. 564. Pilot programs to require bonding.
Sec. 565. Reports.

Subtitle E--Housing Assistance

Sec. 571. Short title.
Sec. 572. Prorating of financial assistance.
Sec. 573. Actions in cases of termination of financial assistance.
Sec. 574. Verification of immigration status and eligibility for
financial assistance.
Sec. 575. Prohibition of sanctions against entities making financial
assistance eligibility determinations.
Sec. 576. Eligibility for public and assisted housing.
Sec. 577. Regulations.

Subtitle F--General Provisions

++Sec. 591. Effective dates.
Sec. 592. Not applicable to foreign assistance.
Sec. 593. Notification.
Sec. 594. Definitions.

TITLE VI--MISCELLANEOUS PROVISIONS

++Subtitle A--Refugees, Parole, and Asylum

Sec. 601. Persecution for resistance to coercive population control
methods.
Sec. 602. Limitation on use of parole.
Sec. 603. Treatment of long-term parolees in applying worldwide
numerical limitations.
Sec. 604. Asylum reform.
Sec. 605. Increase in asylum officers.
Sec. 606. Conditional repeal of Cuban Adjustment Act.

Subtitle B--Miscellaneous Amendments to the Immigration and Nationality Act

Sec. 621. Alien witness cooperation.
++Sec. 622. Waiver of foreign country residence requirement with respect
to international medical graduates.
Sec. 623. Use of legalization and special agricultural worker
information.
Sec. 624. Continued validity of labor certifications and classification
petitions for professional athletes.
++Sec. 625. Foreign students.
Sec. 626. Services to family members of certain officers and agents
killed in the line of duty.

Subtitle C--Provisions Relating to Visa Processing and Consular
Efficiency


++Sec. 631. Validity of period of visas.
++Sec. 632. Elimination of consulate shopping for visa overstays.
Sec. 633. Authority to determine visa processing procedures.
++Sec. 634. Changes regarding visa application process.
Sec. 635. Visa waiver program.
++Sec. 636. Fee for diversity immigrant lottery.
Sec. 637. Eligibility for visas for certain Polish applicants for the
1995 diversity immigrant program.

Subtitle D--Other Provisions

++Sec. 641. Program to collect information relating to nonimmigrant
foreign students.
Sec. 642. Communication between government agencies and the Immigration
and Naturalization Service.
Sec. 643. Regulations regarding habitual residence.
Sec. 644. Information regarding female genital mutilation.
Sec. 645. Criminalization of female genital mutilation.
Sec. 646. Adjustment of status for certain Polish and Hungarian
parolees.
Sec. 647. Support of demonstration projects.
Sec. 648. Sense of Congress regarding American-made products;
requirements regarding notice.
Sec. 649. Vessel movement controls during immigration emergency.
Sec. 650. Review of practices of testing entities.
Sec. 651. Designation of a United States customs administrative
building.
Sec. 652. Mail-order bride business.
Sec. 653. Review and report on H-2A nonimmigrant workers program.
Sec. 654. Report on allegations of harassment by Canadian customs
agents.
Sec. 655. Sense of Congress on discriminatory application of New
Brunswick provincial sales tax.
Sec. 656. Improvements in identification-related documents.
Sec. 657. Development of prototype of counterfeit-resistant Social
Security card.
Sec. 658. Border Patrol Museum.
Sec. 659. Sense of the Congress regarding the mission of the
Immigration and Naturalization Service.
Sec. 660. Authority for National Guard to assist in transportation of
certain aliens.

Subtitle E--Technical Corrections

Sec. 671. Miscellaneous technical corrections.
(e) Severability.--If any provision of this division or the
application of such provision to any person or circumstances
is held to be unconstitutional, the remainder of this
division and the application of the provisions of this
division to any person or circumstance shall not be affected
thereby.