Immigration Legislation and Issues in the 106th Congress

Immigration Legislation and Issues in the 106th Congress

Order Code IB10044
CRS Issue Brief for Congress
Received through the CRS Web
Immigration Legislation and Issues in
the 106th Congress
Updated December 5, 2000
Ruth Ellen Wasem, Coordinator
Andorra Bruno and William J. Krouse
Domestic Social Policy Division
Larry M. Eig
American Law Division
Congressional Research Service ˜ The Library of Congress

CONTENTS
SUMMARY
MOST RECENT DEVELOPMENTS
BACKGROUND AND ANALYSIS
Introduction
Pending Legislation and Issues
“Latino Fairness” and Legalization
“Late Amnesty” and Registry
“NACARA Parity” and Liberian Adjustment
Adjustment to Permanent Resident Status under Section 245(i)
Hatch-Bonilla-Smith Proposal
H-2A Temporary Agricultural Workers
Criminal Aliens
Secret Evidence
INS Operations
INS Reorganization and Budget
INS Restructuring
INS FY2001 Budget
Alien Eligibility for Public Assistance
Other Pending Issues
Alien Smuggling
Expedited Removal
Refugees
Commonwealth of the Northern Mariana Islands (CNMI)
Child-related Immigration Legislation
Other Legislation Receiving Action
Legislation Enacted by the 106th Congress
H-1B Temporary Professional Workers
Other Temporary Workers
Religious Workers
Nurses
H-2A Temporary Agricultural Workers
Refugees
Section 110 Integrated Entry and Exit Data System
Other Immigration-related Legislation
Naturalization and Immigrant Benefit Processing
Human Trafficking
Noncitizen Victims of Family Violence
Visa Waiver Pilot Program (VWPP)
Use of Social Security Numbers on Driver’s Licenses
Sibling Adoption
National Interest Waiver for Alien Physicians
Hmong Naturalization
Miscellaneous Nonimmigrant Amendments
Other Provisions in the Consolidated Appropriations Act

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mmigration Legislation and Issues in the 106th Congress
SUMMARY
As the year-end business of the 106th
certification applications has been enacted
Congress progresses, the top immigration
(P.L. 106-78). Bills to modify the H-2A
issue is whether amnesty should be extended
program and establish an amnesty program for
to certain aliens in the U.S., including certain
unauthorized seasonal workers (S.1814/H.R.
Guatemalans, Hondurans, Salvadorans, Hai-
4056), and to supplement the H-2A program
tians, and Liberians. Consideration of this
with a new alien agricultural worker pilot
amnesty is holding up enactment of the
program (H.R. 4548) are pending. The future
FY2001 Commerce, Justice, State appropria-
structure of the Immigration and Naturaliza-
tions bill (H.R. 4690). The White House warns
tion Service (INS) is another issue under
of a veto if amnesty is not provided. The
consideration. Congress is moving forward
amnesty favored by the Administration is
with plans to restructure INS by separating the
derived from several broader “Latino Fairness”
agency’s enforcement and service functions.
proposals. The CJS bill that passed as part of
The House Judiciary Immigration Subcommit-
H.R. 4249 includes an alternative proposal
tee has approved H.R. 3918, the “Immigration
offered by Republicans.
Reorganization and Improvement Act of
1999,” which would establish a bureau of
The top immigration issue before Con-
immigration services and a bureau of immigra-
gress had been the admission of temporary
tion enforcement within the Department of
foreign professional workers, commonly
Justice. Meanwhile, the Administration is
known as H-1B nonimmigrants. Despite
proceeding with its own plans to restructure
enactment of legislation in 1998 to increase the
INS internally.
number of H-1B nonimmigrants, many in the
business community urged that the ceiling be
Other legislation enacted to date by the
increased again.
On October 3, 2000, the
106th Congress addresses additional
Senate and House passed S. 2045, the
immigration-related issues. P.L. 106-104 and
“American Competitiveness in the Twenty-first
P.L. 106-113 appear to have at least tempo-
Century Act of 2000,” which would add an
rarily resolved most refugee issues. P.L. 106-
additional 297,500 H-1B visas over FY2000-
215 supplants entry/exit control requirements
FY2002. S. 2045 also would eliminate the
with a directive to develop an integrated
per-country ceilings for permanent
system to record alien arrivals and departures
employment-based admissions and would
using available data. The President has also
expand worker training programs in
signed laws that make the visa waiver pilot
technology-related skills and educational
program permanent, extend the religious
programs in math, science, and technology.
worker provision, create nonimmigrant visas
The President signed P.L. 106-313 Oct. 17.
categories for certain victims of sex trafficking
and domestic violence, facilitate citizenship for
Legislation pertaining to H-2A temporary
adopted children, and assist certain Syrian
alien agricultural workers is also before Con-
Jews.
gress. A provision intended to expedite the
Labor Department’s processing of H-2A labor
Congressional Research Service ˜ The Library of Congress

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MOST RECENT DEVELOPMENTS
Consideration of certain “Latino Fairness” and other amnesty proposals is reportedly
the major issue holding up enactment of the Commerce, Justice, State (CJS) appropriations
bill (H.R. 4690) that, in turn, had been folded into the District of Columbia appropriations
conference agreement (H.R. 4942, H. Rpt 106-1005). H.R. 4942 has passed both the House
and Senate and cleared for the White House on October 27, 2000, but subsequently the D.C.
appropriations bill has been passed separately and signed (P.L. 106-522). On October 17,
the President signed legislation (P.L. 106-313, S. 2045) to raise the admissions ceiling for
temporary professional (H-1B) workers. This legislation will add an additional 297,500 H-
1B visas over FY2000-FY2002. A variety of other immigration-related provisions also have
been sent to the President.
BACKGROUND AND ANALYSIS
Introduction
Immigration to the United States is regulated by federal law. The basic U.S. law, the
Immigration and Nationality Act (INA), was enacted in 1952 and has been substantially
amended since then. A major overhaul of the INA occurred in 1996 with the passage of the
Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA; Division C of P.L.
104-208). The Immigration and Naturalization Service (INS) administers and enforces the
INA. (For a basic introduction to immigration, see CRS Report 98-918, Immigration
Fundamentals, and CRS Report 94-146, Immigration: Numerical Limits on Permanent
Admissions, FY1998-FY2000.)
Pending Legislation and Issues
The major legislative issue now before the 106th Congress is proposed amnesty for
various foreign nationals already in the U.S. In addition, Congress continues to deal with
issues arising from the sweeping changes in IIRIRA and the 1996 welfare act.
“Latino Fairness” and Legalization
A set of immigration legalization and status adjustment provisions known as the “Latino
and Immigrant Fairness Act” (LIFA) reportedly is the main issue delaying approval of the
Commerce, Justice and State (CJS) FY2001 appropriations bill (H.R. 4690). Some
Democratic Members, with White House support, are trying to enact these provisions (S.
3095) before the 106th Congress adjourns. While supporters characterize these provisions as
fair treatment of aliens who have been living and working here for years as good neighbors
and dedicated employees, opponents describe the package as legalization for illegal aliens who
jumped the line to get into the United States. Republicans added an alternative proposal
known as the “Legal Immigration Family Equity Act” (LIFE) to the CJS bill when it was
folded into the District of Columbia (D.C.) FY2001 appropriations (H.R. 4942). Since the
D.C. appropriations bill has been passed separately and signed (P.L. 106-522), the status of
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the immigration proposal is ambiguous. Depending on the resolution of this issue, up to two
million people (including the immediate relatives of qualifying aliens) might become eligible
for legal permanent resident status. (See CRS Report RS20743, Immigration Legalization
and Status Adjustment Legislation.)
“Late Amnesty” and Registry. Prior to LIFE and LIFA, a variety of bills addressed
“late amnesty and the registry. H.R. 2125 would amend the INA to repeal the judicial
review limitation on denial of adjustment to permanent resident status with respect to certain
applicants for legalization under the 1986 Immigration Reform and Control Act (IRCA). The
same “late amnesty” provision is included in S. 1552, H.R. 3149, and H.R. 4966. These bills
also would extend the admission registry date for permanent residence. Under current law,
a record of lawful admission for permanent residence may be made in the case of an alien who
entered the United States prior to January 1, 1972, and meets specified requirements. Other
bills proposing to change the registry date include H.R. 4172, which was introduced on behalf
of the Administration, S. 2407, S. 2668, and S. 2912. These 4 bills and H.R. 4966 would
move the registry date to January 1, 1986. The INS estimates that 500,000 aliens would be
eligible to adjust status if the registry date would be advanced to 1986. In addition, S. 2407
and S. 2668 contain “rolling registry date” provisions to advance the registry date 1 year in
each of the 5 years from 2002 through 2006. (See CRS Report RL30578, Immigration:
Registry as Means of Obtaining Lawful Permanent Residence.)
“NACARA Parity” and Liberian Adjustment. The Nicaraguan Adjustment and
Central American Relief Act (NACARA), part of the District of Columbia Appropriations Act
for FY1998 (P.L. 105-100), enables Nicaraguans and Cubans who had come to the United
States by December 1, 1995, to adjust to legal permanent resident status. NACARA also
allows Salvadorans and Guatemalans, as well as certain aliens from the former Soviet Union
or specified former Warsaw Pact countries, to seek legal permanent residency under the more
generous standards of hardship relief in place prior to the tightening of immigration laws in
1996. Subsequently, Congress enacted the Haitian Refugee Immigration Fairness Act of
1998, which allows certain specified Haitians to adjust to permanent resident status, as part
of the FY1999 Omnibus appropriations act (P.L. 105-277).
A bipartisan group of Members in favor of applying NACARA adjustment standards to
other groups (which is referred to as “NACARA parity”) has introduced H.R. 2722 on behalf
of the Administration. A comparable bill (S. 1592) is pending in the Senate. Similar provisions
are included in H.R. 4200, an H-1B bill, and in S. 2912, the “Latino and Immigrant Fairness
Act of 2000,” as well as in S. 2668 and H.R. 4966. These bills would amend NACARA to
grant legal permanent residence to certain Guatemalans, Haitians, Hondurans, and
Salvadorans. The INS estimates that about 680,000 aliens would be eligible to adjust under
“NACARA Parity,” but this number also includes many aliens who would also be able to
adjust if the registry date would be advanced to 1986. Separate bills before Congress (H.R.
919, S. 656) would provide for the adjustment of status of certain Liberians in the United
States to lawful permanent resident status. Liberian adjustment provisions also are included
in S. 2668 and H.R. 4966. (See CRS Report 98-270, Immigration: Haitian Relief Issues and
Legislation, and CRS Report 97-810, Central American Asylum Seekers: Impact of 1996
Immigration Law.)
Adjustment to Permanent Resident Status under Section 245(i). Section 245 of the
INA permits an alien who is legally but temporarily in the United States to adjust to
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permanent resident status if the alien becomes eligible on the basis of a family relationship or
job skills, without having to go abroad to obtain an immigrant visa. Section 245 was limited
to aliens who were here legally until 1994, when Congress enacted a 3-year trial provision —
Section 245(i) — allowing aliens here illegally to adjust status once they became eligible for
permanent residence, provided they paid a large fee. This provision was effectively repealed
by the FY1998 CJS appropriations act (P.L. 105-119), which provided that only aliens who
were beneficiaries of an immigration petition or a labor certification application filed on or
before January 14, 1998, would be eligible for adjustment under Section 245(i). A bill (H.R.
1841) to restore Section 245(i) to its pre-1997 status is pending. Similar provisions also are
included in S. 2668, H.R. 4966, and S. 2912. In addition, the Senate-reported version of the
FY2001 CJS appropriations act (H.R. 4690) also included such a provision, but it was
dropped from the District of Columbia conference agreement (H.R. 4942) that now includes
the CJS bill. (See CRS Report 97-946, Immigration: Adjustment to Permanent Residence
Status under Section 245(i).)
LIFA. “NACARA parity,” Liberian adjustment, advancement of the registry date, and
reinstatement of §245(i) were included in the “Latino and Immigrant Fairness Act” (LIFA)
that has been introduced as S. 3095. Estimates of aliens and their derivative relatives who may
benefit from this bill are as high as 2 million. This bill is comparable to language that the
Senate Democrats tried unsuccessfully to bring up as an amendment during the floor
consideration of S. 2045 (the H-1B legislation) on September 27. The sponsors of LIFA do
not include provisions for “late amnesty” because those individuals would be able to legalize
through the advancement of the registry date, a main feature of S. 3095. In an October 26
letter to congressional leaders, President Clinton led his list of reasons he would veto the CJS
appropriations bill with failure to include LIFA.
LIFE. Senate Judiciary Committee Chair Orrin Hatch, along with Congressmen Henry
Bonilla and Lamar Smith, has offered an alternative proposal called the “Legal Immigration
Family Equity Act” (LIFE) that focuses on the “late amnesty” cases and the immediate
relatives of legal permanent residents (LPRs) who have second preference petitions pending.
Those aliens who are part of the “late amnesty” litigation would be permitted to legalize under
the terms of §245A originally established by IRCA. According to the sponsors, about
600,000 aliens would benefit from a new temporary “V” visa for spouses and children of
LPRs. This language has been added to the CJS appropriations bill (H.R. 4690) that, in turn,
was folded into the District of Columbia appropriations conference agreement (H.R. 4942,
H. Rpt. 106-1005), which has passed both the House and Senate. Since the D.C.
appropriations bill has been passed separately and signed (P.L. 106-522), the status of the
proposal is ambiguous.
H-2A Temporary Agricultural Workers
In recent years, there have been legislative efforts to modify or supplement the H-2A
temporary agricultural program authorized by the INA (§101(a)(15)(H)(ii)(A)). The H-2A
program is small but growing, with approximately 42,000 workers approved in FY1999.
Agricultural employers have long complained that the program is overly cumbersome, while
farm labor advocates have argued that it provides too few protections for U.S. workers. In
part, the debate reflects the inherent conflict in the program goals of expeditiously providing
employers with foreign workers, while protecting U.S. workers. Legislation has been enacted
to expedite the processing of H-2A applications. Broader legislation is pending, including a
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bill ordered reported by the House Judiciary Committee (H.R. 4548). Recent media reports
indicate that a compromise is near on efforts to create a new temporary agricultural worker
program (which also may include a legalization or adjustment of status provision), but details
of this proposal are not available at this time.
Senator Gordon Smith has introduced S. 1814, the “Agricultural Job Opportunity
Benefits and Security Act of 1999.” It evolved from legislation passed by the Senate in the
last Congress, with the notable addition of an amnesty program. Another Senate bill (S.
1815) includes only the amnesty title of S. 1814. On May 4, 2000, the Senate Judiciary
Immigration Subcommittee held a hearing on S. 1814. A companion bill to S. 1814 (H.R.
4056) has been introduced in the House. S. 1814/H.R. 4056 would establish a time-limited
amnesty program for aliens who have worked here illegally in seasonal agriculture and who
continue to do so for a specified time. In addition, the bills would require the Department of
Labor (DOL) to maintain a system of agricultural worker registries that would list U.S. citizen
and lawful permanent resident alien workers, as well as workers participating in the amnesty
program. Agricultural employers seeking H-2A workers would be required to apply for
workers from this registry before their H-2A applications could be considered.
A related bill, the “Agricultural Opportunities Act” (H.R. 4548), would establish a pilot
“H-2C” alien agricultural worker program to supplement the existing H-2A program. Like
S. 1814/H.R. 4056, H.R. 4548 would require DOL to maintain a system of agricultural
worker registries containing a database of authorized U.S. workers. Under H.R. 4548,
agricultural employers would have to apply for registry workers before being allowed to
import H-2C workers. Unlike S. 1814/H.R. 4056, however, H.R. 4548 would not establish
an amnesty program. On September 20, 2000, the House Judiciary Committee completed its
markup of H.R. 4548 and ordered the bill reported, as amended, by a vote of 16-11. (See
CRS Report 97-714, Immigration: The H-2A Temporary Agricultural Worker Program; CRS
Report 95-712, Immigration: The Labor Market Effects of Temporary Alien Farm Worker
Programs; and CRS Report RL30395, Farm Labor Shortages and Immigration Policy.)
Criminal Aliens
Two laws enacted in 1996, the Antiterrorism and Effective Death Penalty Act (AEDPA;
P.L. 104-132) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA;
Division C of P.L. 104-208), significantly affected how criminal aliens — aliens who have
engaged in criminal activity — are treated in the removal process. Among other changes,
these laws:
! mandate more widespread confined detention of criminal aliens after criminal
imprisonment ends, even in cases where criminal confinement ended years
before;
! make it much harder for criminal aliens with longstanding ties in the United
States to remain here, even in some cases where solid family and community
ties may appear to outweigh the seriousness of past criminal conduct; and
! curtail judicial review of removal orders based on criminal convictions.
These changes have been controversial as a growing number of press accounts relate
how individual long-term aliens have been placed in confinement and threatened with removal
even though their criminal activity either may not generally be regarded as particularly serious
or occurred in the distant past. Mandatory detention, curtailment of judicial review, and
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“retroactive” application of restrictions on discretionary relief also have been critically
received in the courts, which frequently (though not always) have narrowed or halted their
application. Between the perception of some Members that the 1996 changes have been
unduly harsh in certain instances and the desire of other Members to regain congressional
control over detention and review policy from the courts, revisions of the 1996 criminal alien
rules may be forthcoming. Meanwhile, INS has ceased to apply the letter of the 1996
mandatory detention requirements in some classes of cases and reportedly is considering
modifying its implementation of the mandatory removal provisions as well.
To effect the 1996 changes, Congress amended the INA in three significant ways: (1)
it covered much more criminal conduct under the category of aggravated felony, a new class
of criminal aliens established in the INA in the 1980s that now covers crimes of violence or
theft punished by a year’s imprisonment (including suspended sentences), as well as drug
crimes; (2) it dramatically lowered the seriousness of criminal conduct that requires an alien
to be detained between release from criminal confinement and subsequent deportation to
include almost all potentially deportable criminal aliens and not just aliens who have been
convicted of an aggravated felony; and (3) it lowered the seriousness of criminal conduct that
bars immigration judges from granting discretionary relief from removal, while also making
it more difficult for criminal aliens who are not now disqualified based on seriousness of
offense from meeting other eligibility criteria.
The complexity of, and controversy about, the 1996 changes are compounded by their
"retroactive" application. That is, for example, the current definition of aggravated felony
applies to past convictions that were not aggravated felonies at the time of conviction, and
aliens who previously never were detained for past criminal conduct now must be detained
— at least under the letter of current law. (See CRS Report 97-415, Criminal Aliens:
Expanded Detention, Restricted Relief from Removal, by Larry M. Eig.)
Perhaps the most sympathetically viewed of those affected by the 1996 changes are long-
term immigrants whose misconduct and release from incarceration, if any, occurred well
before they seek relief from detention and removal. Thus, on September 19, 2000, the House
passed H.R. 5062 by voice vote. This bill, introduced by Rep. Bill McCollum with bipartisan
support, would ease most, but not all, of the effects of the 1996 changes in discretionary relief
for legal permanent residents whose criminal activity occurred before IIRIRA became law on
September 30, 1996. Earlier, Rep. McCollum had introduced H.R. 2999, the “Fairness for
Permanent Residents Act of 1999,” a bill that covers similar ground but also would change
statutory requirements for mandatory detention. Also similar to, but broader than H.R. 5062,
is H.R. 3272, the“Keeping Families Together Act” introduced by Rep. Bob Filner, one of the
cosponsors of H.R. 5062. In April 1999, Rep. Barney Frank, another cosponsor of H.R.
5062, introduced the “Family Reunification Act of 1999" (H.R. 1485), which also would
allow certain criminal aliens to apply for relief from removal even though they would be
disqualified from doing so under the 1996 changes. (See CRS Report RS20681, Mandatory
Deportation of Criminal Aliens: Proposed Relief for Long-Term Residents by Larry M. Eig.)
A comprehensive reform bill introduced by Representative John Conyers on July 26,
2000, the “Restoration of Fairness in Immigration Law Act” (H.R. 4966), addresses criminal
alien issues more extensively. This bill would broadly roll back many of the mandatory
immigration consequences that currently attach to criminal activity. In some cases, H.R. 4966
would reestablish pre-1996 rules on criminal conduct; in other cases, the bill would establish
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standards somewhere between current law and previous law; and in still other instances, the
bill would establish standards on criminal aliens that are less stringent than pre-1996 law.
In the Senate, legislation introduced by Senator Moynihan, S. 173, addresses relief,
detention, and judicial review aspects of the 1996 changes. S. 3120, the “Immigrant Fairness
Restoration Act,” introduced by Senator Kennedy on September 27, 2000, echoes themes
contained in S. 173. S. 3120 also addresses many of the criminal alien provisions addressed
by the House in H.R. 4966. More narrowly focused companion bills entitled "Fairness to
Immigrant Veterans Act of 1999," H.R. 2287 and S. 871, would broadly ease detention,
relief, and review restrictions for certain criminal aliens who are honorably discharged
veterans or active service personnel.
Legislation pertaining to international crime, the “Denying Safe Havens to International
and War Criminals Act of 1999” (S. 1754), passed the Senate on November 4, 1999. Title
II, “Anti-atrocity Alien Deportation,” would amend the INA to provide for the inadmissibility
and removability of aliens who have committed acts of torture abroad and to establish an
Office of Special Investigations within the Department of Justice’s Criminal Division. Bills
similar to title II are pending in the House, including H.R. 3058 and H.R. 2642, and
additional action on barring torturers from the U.S. may be forthcoming.
Secret evidence. The use of secret evidence under immigration law arises primarily in
three contexts. Longstanding law allows the consideration of undisclosed evidence to exclude
an arriving alien from admission on security or terrorism grounds if disclosing the evidence
would threaten security, safety, or other public interest. Statutory authority under the
Antiterrorism and Effective Death Penalty Act (AEDPA; P.L. 104-132) and the Illegal
Immigration Reform and Immigrant Responsibility Act (IIRIRA; Division C of P.L. 104-208)
precludes an alien from examining national security evidence proffered by the Government
in opposition to an alien’s admission or application for discretionary relief (including asylum).
The same laws also established a special alien removal court to consider terrorist removal
cases based on classified information. In proceedings before this court an alien may be
removed based on sensitive information considered in chambers out of the alien’s presence,
but in cases involving permanent resident aliens, a special counsel must be appointed to
examine the information on the alien’s behalf.
While the special removal court provisions were the most controversial when enacted,
the discretionary relief and admission provisions have been most controversial as
implemented. Coupled with mandatory detention provisions, the relief and admission
provisions have allegedly led to several highly publicized cases of aliens, often Muslim and
Arab, being detained for extended periods without being allowed to examine the information
underlying their incarceration. Defenders of the use of secret evidence in such cases claim
that its use is essential to deal with foreign terrorists and other potential threats to security.
Critics, on the other hand, state that unexamined evidence is often flawed and its use to
incarcerate and deport fundamentally unfair.
On June 10, 1999, Rep. David Bonior introduced H.R. 2121, the “Secret Evidence
Repeal Act,” to end the use of undisclosed evidence in immigration proceedings. This bill
gained bipartisan support and 128 cosponsors. Yet its potential enactment as introduced
remained staunchly opposed by the Government and various groups sensitive to security
concerns. On September 26, 2000, the House Judiciary Committee considered H.R. 2121
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and adopted a substitute offered by Rep. Bob Barr by a vote of 26-2. Under the Barr
substitute, the Government would have to provide an alien with an unclassified summary of
any classified information it is relying upon. This summary would be prepared under the
supervision of a federal judge and would be the only version that could be considered by the
adjudicators of the alien’s case (H.Rept. 106-981).

INS Operations. In recent years, INS has come under intense criticism for not
expeditiously deporting criminal aliens. According to the Attorney General, over 35,318
criminal aliens were released by INS over a 5-year period ending in May 1999. Of that
number, 11,605 went on to commit additional serious crimes, including 98 homicides, 142
sexual assaults, 44 kidnappings, 346 robberies, and 1,214 assaults. INS reports that some of
these individuals had won removal cases, were allowed to post bond by immigration judges,
or were released because INS deemed them as not posing a threat to society. On the other
hand, some of these individuals may have been subject to mandatory detention and removal
because of their criminal records. This matter is still under review by the Department of
Justice and by the House Immigration Subcommittee, which subpoenaed INS criminal alien
records following the arrest and apprehension of Angel Maturino Resendez, a Mexican
national charged with multiple counts of first-degree murder in the United States.
In FY1999, INS removed 62,359 criminals — a 12% increase over FY1998. In
addition, INS removed 114,631 non-criminals; the bulk of non-criminal removals (89,035),
however, consisted of administrative removals for fraudulent documents through the
expedited removal program at ports of entry.
Despite increased funding during FY1999, INS officials reported that the agency did not
possess the detention capacity to fully comply with the mandatory detention requirements
included in IIRIRA. They estimated that to do so would require a detention capacity of
between 19,000 and 34,000 beds. For FY1999, to meet detention mandates and other
challenges, Congress provided INS with an emergency supplemental appropriation of $80
million (P.L. 106-31). At the end of FY1999, INS had a detention capacity of 16,563 beds;
nearly 95% of this capacity was utilized for mandatory detainees (aggravated felons, other
criminals subject to mandatory detention, terrorists, expedited removals, and aliens who had
been issued a final order of removal by an Immigration Judge).
INS Reorganization and Budget
INS Restructuring. Members of Congress and Administration officials are moving
forward with plans to restructure INS by more clearly separating immigration services and
enforcement programs operationally. On March 22, 2000, the House Judiciary Immigration
Subcommittee approved a bill (H.R. 3918) to split INS, establishing a bureau of immigration
services and a bureau of immigration enforcement within the Department of Justice. H.R.
3918 is identical to H.R. 2528, the “Immigration Reorganization and Improvement Act of
1999,” as introduced last July by Representative Harold Rogers. Last November, the
Immigration Subcommittee amended and approved H.R. 2528. The amended version of H.R.
2528 represented a compromise negotiated with Attorney General Janet Reno. Late in the
session last year, however, the Administration pulled its support for H.R. 2528, as amended,
stalling full committee markup. Immigration Subcommittee Chairman Smith asserted during
the March 22 markup that the reintroduction of H.R. 2528 as H.R. 3918 was necessary
because the Administration had negotiated in “bad faith.”
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On September 23, 1999, the Senate Judiciary Committee’s Immigration Subcommittee
held a hearing on another INS restructuring proposal (S. 1563), but so far this session the
Senate has not addressed this issue. The Administration, meanwhile, is proceeding with its
own plans to restructure INS internally. (See CRS Report RS20279, Immigration and
Naturalization Service Reorganization and Related Legislative Proposals, and CRS Report
RL30257, Proposals to Restructure the Immigration and Naturalization Service.)
INS FY2001 Budget. On June 26, 2000, the House passed a Departments of
Commerce, Justice, and State (CJS) appropriations bill for FY2001 (H.R. 4690, H. Rept.
106-680) that would provide $4.7 billion in funding to INS. It included increases for border
and interior enforcement, detention and removal, and the continued reduction of pending
application caseloads. The House-passed bill also contained a provision to authorize an H-1B
premium service fee, but did not include Administration-requested provisions to reinstate
Section 245(i) of the INA, raise the airport user fee, or end the cruise ship user fee exemption.
On July 21, 2000, the Senate Appropriations Committee ordered reported H.R. 4690 (S.
Rpt.106-404). The bill would have provided $4.6 billion to INS for FY2001. In addition,
it included $322 million in emergency funding for the Southwest border initiative, for total
INS funding of $4.9 billion. Unlike the House-passed bill, the Senate measure would have
reinstated Section 245(i). The House-passed measure was slightly below, while the Senate
measure was above, the $4.8 billion requested by the Administration.
Subsequently, the FY2001 Commerce, Justice, State (CJS) appropriations act (H.R.
4690),which would provide the Immigration and Naturalization Service (INS) with $4.8
billion for FY2001, nearly matching the Administration’s request, was folded into the District
of Columbia (DC) appropriations conference agreement (H.R. 4942; H.Rept. 106-1005). This
measure was narrowly passed by the House on October 26, 2000, and by the Senate on the
following day. The D.C. appropriations bill subsequently passed separately and was signed
(P.L. 106-522). The conference agreement includes program increases of $101 million for
border control and management and $121 million for interior enforcement and the removal
of deportable aliens. It would also authorize a new expedited service fee for employers
petitioning for skilled H-1B visa nonimmigrant workers, but it does not reinstate Section
245(i). (See CRS Report RS20618, Immigration and Naturalization Service’s FY2001
Budget.)
Alien Eligibility for Public Assistance
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(PRWORA; P.L. 104-193), also referred to as the 1996 welfare act, significantly restricted
the eligibility of legal aliens for needs-based public assistance. Previous law had not generally
distinguished legal permanent residents from citizens. As the result of perceived abuses and
budgetary concerns, P.L. 104-193 barred most legal aliens from Supplemental Security
Income (SSI) for the Aged, Blind, or Disabled and from food stamps. It also allowed the
states to limit alien access to Medicaid and Temporary Assistance for Needy Families
(TANF). Additionally, legal aliens arriving after August 22, 1996, the enactment date of
PRWORA, were barred from these and other federal means-tested programs for 5 years after
arrival. These changes proved controversial, particularly the termination of benefits for aliens
who were already receiving them when the 1996 act became law. The 105th Congress passed
several laws continuing or partially restoring SSI, Medicaid, and food stamps to some
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previous beneficiaries and extending refugee eligibility for 2 years. (See CRS Report 96-617,
Alien Eligibility for Public Assistance.)
Legislative activity on alien eligibility for public assistance has continued in the 106th
Congress. Both the House and Senate have passed versions of an anti-trafficking bill (H.R.
3244) that contain different provisions to make certain alien trafficking victims eligible for
federal assistance. H.R. 1788, which denies federal public benefits to individuals who
participated in Nazi persecution, has been reported by the House Judiciary and Government
Reform committees. The Senate companion bill is S. 1249.
In addition, legislation to expand legal immigrants’ eligibility for public benefits is before
both houses. On June 21, 2000, Representative Lincoln Diaz-Balart introduced a bill (H.R.
4707) for himself and a bipartisan group of cosponsors that would allow states to provide
health coverage for children and pregnant women through Medicaid and the State Child
Health Insurance program (referred to as both SCHIP and CHIP). H.R. 4707 is comparable
to the “Immigrant Children’s Health Improvement Act of 1999" (S. 1227), which was
introduced by the late Senator John Chafee and also has bipartisan support. S. 2668, an
omnibus immigration bill sponsored by Senator Bob Graham, contains provisions similar to
S. 1227. More comprehensive legislation, the “Fairness for Legal Immigrants Act of 1999”
(S. 792/H.R. 1399), would give states the option of allowing legal immigrant pregnant
women, children, and blind or disabled medically needy individuals to be eligible for medical
assistance under the Medicaid program or, in the case of children, SCHIP, regardless of their
date of entry. For pre-August 1996 legal immigrants, the act would restore SSI eligibility for
those who are elderly and poor; and for post-August 1996 legal immigrants, it would restore
SSI eligibility for those who become disabled after entering the country. It also would restore
food stamp eligibility for all pre-August 1996 legal immigrants.
The Administration has included funding in its FY2001 budget request to expand public
assistance benefits for legal immigrants. Similar proposals were in the FY2000 request, but
no action was taken on them. The Administration would restore SSI and related Medicaid for
immigrants who have been here 5 years and subsequently become disabled. It also would
allow states to provide health coverage for children and pregnant women through Medicaid
and SCHIP and restore food stamp eligibility for immigrants here before August 22, 1996,
who subsequently reach 65. As the 106th Congress draws to a close, the White House is
renewing its push to provide health coverage for immigrant children and pregnant women and
to restore food stamp eligibility for legal immigrants, saying that the President may veto
appropriations that do not contain these provisions.
Other related bills include S. 1805, which would restore all food stamp benefits available
to legal immigrants before the 1996 welfare act; H.R. 3192 is the House companion bill. S.
1709 and H.R. 4282 would provide federal reimbursement for indirect costs relating to the
incarceration of illegal aliens and for emergency health services furnished to undocumented
aliens. H.R. 2205 would provide additional funding to states for emergency health services
furnished to undocumented aliens. H.R. 2849 would reimburse states for the costs of
educating certain illegal alien students.
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Other Pending Issues
Alien Smuggling. On October 3, 2000, the House passed H.R. 238 that would set
mandatory minimum sentences for alien smuggling. Under current law, it is illegal for persons
to bring aliens into the United States at any place other than a designated port of entry. It
also is illegal to transport those aliens, to conceal or harbor those aliens, or to encourage or
induce aliens to enter or reside in the United States illegally. H.R. 238 would establish
sentences ranging from 2-to-10 years to 20 years to life, or the death penalty, depending on
the nature of the offense.
Expedited Removal. IIRIRA included provisions known as “expedited removal” that
target the perceived abuses of the asylum process by restricting the hearing, review, and
appeals process for aliens at ports of entry. Now, if an immigration officer at a port of entry
finds that an alien arriving without proper documentation does not intend to apply for asylum
or does not fear persecution, the officer can deny admission and order the alien summarily
removed from the United States. If an asylum officer determines that an alien does not have
a “credible fear” of persecution, the alien is removed. IIRIRA requires that those aliens must
be kept in detention while their “credible fear” cases are pending. A bipartisan group of
Senators introduced S. 1940, the “Refugee Protection Act of 1999," to limit the use of
expedited removal procedures to periods deemed immigration emergencies. In addition, S.
1940 would exempt aliens fleeing countries with poor human rights records from expedited
removal, would in large part restore administrative and judicial review, and would replace
mandatory detention of asylum seekers with a policy of detention at the discretion of the
Attorney General.
Refugees. The Department of Health and Human Service’s Office of Refugee
Resettlement (HHS/ORR) provides transitional assistance to temporarily dependent refugees,
asylees, and Cuban/Haitian entrants when they arrive in the United States. The House
Appropriations Committee recommended $433.1 million for ORR in the FY2001
appropriations bill for the Departments of Labor, Health and Human Services, and Education
(H.R. 4577). This amount, which is $0.5 million above the President’s request, has not been
matched by the Senate. The Senate Appropriations Committee recommended $425.6 million
for FY2001. The House amended and passed H.R. 4577 on June 14, 2000, and the Senate
amended and passed its version of H.R. 4577 on June 30, 2000.
The Senate-passed version of H.R. 4577 would extend the so-called Lautenberg
amendment for an additional year. The Lautenberg amendment is a provision of P.L. 101-
167, the FY1990 Foreign Operations appropriations act, that requires the Attorney General
to designate categories of former Soviet and Indochinese nationals for whom less evidence
is needed to prove refugee status; and provides for adjustment to permanent resident status
for certain Soviet and Indochinese nationals granted parole after being denied refugee status.
Commonwealth of the Northern Mariana Islands (CNMI). The CNMI is a U.S.
territory in the Pacific. The 1976 law by which Congress approved the establishment of the
CNMI (P.L. 94-241) stated that certain laws, including federal immigration laws, would not
apply to the CNMI, except as later made applicable by Congress. For a number of years,
Members of Congress and Administration officials have expressed concern about the number
of nonresident alien workers in the CNMI and allegations of their mistreatment. Legislation
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to address these concerns was introduced in past Congresses, but was not enacted. On
February 7, 2000, the Senate passed S. 1052 to extend the INA to the CNMI.

Child-related Immigration Legislation. The House passed, on September 7, 2000,
the “Child Support Distribution Act” (H.R. 4678), which includes a provision to make failure
to pay child support a ground for inadmissibility. H.R. 1520, which has been ordered
reported by the House Judiciary Committee, would give priority in family first preference visa
issuance to children of U.S. citizens who “aged out” of eligibility for immediate relative visas.
Legislation Enacted by the 106th Congress
H-1B Temporary Professional Workers
On October 17, 2000, the President signed into law a significant amendment to the H-1B
program (P.L. 106-313). Temporary workers are admitted to the United States under the “H”
nonimmigrant category, a part of the INA (§ 101(a)(15)(H)). H-1B nonimmigrants –
professionals who work in specialty occupations – make up the largest category of temporary
alien workers. The 105th Congress enacted the American Competitiveness and Workforce
Improvement Act (Title IV of P.L. 105-277) in 1998 to increase the number of H-1B
nonimmigrants and reform perceived abuses of the visa. This law increased the admissions
ceiling for the H-1B category from 65,000 to 115,000 in both FY1999 and FY2000, and to
107,500 in FY2001. It reverts back to 65,000 in FY2002. By mid-1999, FY1999 admissions
had reached 115,000, and this year’s ceiling was reached in June. Many in the business
community, notably in the information technology area, have been urging that the ceiling be
raised again.
On October 3, 2000, both the Senate and the House passed the “American
Competitiveness in the Twenty-first Century Act of 2000" (S. 2045) with bipartisan support.
It subsequently was signed by the President October 17. Much of the debate centered on
procedural issues – specifically whether amendments that would legalize certain aliens (mostly
Central Americans and Liberians) would be permitted – that ultimately failed. S. 2045
includes many of the same features as the version of the bill reported earlier by the Senate
Judiciary Committee. S. 2045 will raise the number of H-1B visas by 297,500 over 3 years,
FY2001-FY2003. It also will authorize additional H-1B visas for FY1999 to compensate for
the excess inadvertently approved that year. In addition, S. 2045 excludes from the new
ceiling all H-1B nonimmigrants who work for universities and nonprofit research facilities.
The bill also will facilitate the portability of H-1B status for those already here lawfully,
eliminate the per-country ceilings for employment-based immigrants, and require a study of
the “digital divide” on access to information technology. It makes changes in the use of the
H-1B fees for education and training, notably earmarking a portion of DOL training funds for
skills that are in information technology shortage areas and adding to the NSF portion a K-12
math, science and technology education grant program. Because S. 2045 originated in the
Senate, it does not contain revenue provisions. Separate legislation to increase the H-1B fee
from $500 to $1,000 (H.R. 5362) and exempt educational institutions, universities and
nonprofit research facilities from paying the fee passed the House on October 6 and the
Senate on October 10. It was signed by the President October 17 (P.L. 106-311). (See CRS
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Report RL30498, Immigration: Legislative Issues on Nonimmigrant Professional Specialty
(H-1B) Workers.)
Other Temporary Workers
Religious Workers. An immigration provision that allows for the admission of
immigrants to perform religious work (INA § 101(a)(27)(C)) sunset on September 30, 2000.
Although the provision has a broad base of support, some expressed concern that it is
vulnerable to fraud. On September 19, 2000, the House passed H.R. 4068, which would
extend the current admissions policy through FY2003. On October 19, the Senate passed S.
2406, introduced by Immigration Subcommittee Chairman Spencer Abraham, to make the
religious worker provisions permanent. There was also legislation in the House to make the
program permanent (H.R. 1871). Ultimately, the Senate also passed H.R. 4068 on October
19 and the President signed it November 1, 2000 (P.L. 106-409). (See CRS Report 97-891,
Immigration: Religious Workers.)
Nurses. P.L. 106-95, the Nursing Relief for Disadvantaged Areas Act of 1999, includes
provisions intended as a short-term solution for nursing shortages in a limited number of
medically underserved areas. The act establishes a new H-1C category for 500 nonimmigrant
nurses annually for 4 years in health professional shortage areas. It sets forth admissions
requirements, including a maximum 3-year stay. Petitioning hospitals would have to be in
shortage areas defined by HHS, have at least 190 acute care beds, and have specified
percentages of Medicare and Medicaid patients. A previous H-1A category for nurses, which
has expired, was subject to fewer restrictions. (See CRS Report RS20164, Immigration:
Temporary Admission of Nurses for Health Shortage Areas (P.L. 106-95).)
H-2A Temporary Agricultural Workers. P.L. 106-78, the FY2000 Agriculture
appropriations act, § 748, amends the INA to reduce from 60 to 45 days the minimum period
prior to need that employers must file H-2A labor certifications; and to increase from 20 to
30 days the minimum days in advance of need that the Secretary of Labor must act on H-2A
certification requests. DOL had already amended its regulations, effective July 29, 1999, to
reduce from 60 to 45 days the period of time prior to need that employers must file labor
certifications. In combination, the two changes would shorten the domestic recruitment
period to 15 days, a move not favored by DOL.
Refugees
The annual number of refugee admissions and the allocation of these numbers among
refugee groups are determined at the start of each fiscal year by the President after
consultation with Congress. On September 30, 1999, President Clinton signed Presidential
Determination No. 99-45, authorizing a FY2000 ceiling of 90,000 admissions, including
10,000 as needed for the Kosovo crisis, to be funded by P.L. 106-31.
P.L. 106-104 reauthorized HHS’s Office of Refugee Resettlement program through
FY2002. P.L. 106-113, the Consolidated Appropriations Act, appropriated $426.5 million
for this program for FY2000, which is consistent with recent budget levels. The
appropriation also includes funds to implement P.L. 105-320, the Torture Victims Relief Act
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of 1998, which authorizes $7.5 million for HHS grants to domestic treatment programs for
torture victims.
P.L. 106-113 also reenacted for 2 years a version of an expired provision previously
referred to as the McCain amendment. The revised provision, quoting from the conference
report, “restores eligibility for U.S. refugee resettlement to certain sons and daughters of
Vietnamese re-education camp survivors, and also provides such eligibility for sons and
daughters who were denied the right the resettle in the United States [solely] because their
government-issued residency documents did not prove ‘continuous coresidency’ with their
parents.”
Section 110 Integrated Entry and Exit Data System
The INS Data Management Improvement Act of 2000 (P.L. 106-215) amends Section
110 of IIRIRA to require the development of an integrated entry and exit system that would
use available data to record alien arrivals and departures, without establishing additional
documentary requirements. The scope of Section 110, as amended, is much narrower than
the original IIRIRA provision, which would have required the development of a system to
record the entry and exit of every alien arriving in and departing from the United States.
Despite these revisions to the law, the Senate-reported FY2001 CJS appropriations act (H.R.
4690) includes a provision to repeal the amended version of Section 110 outright.
P.L. 106-215 includes provisions that: (1) rewrite Section 110 to require the
development of a system using data currently collected, with no new documentary
requirements; (2) set staggered deadlines for the implementation of the system at air, sea, and
land border ports of entry; (3) establish a task force to evaluate the implementation of the
system and other measures to improve legitimate cross-border traffic; and (4) express a sense
of Congress that federal departments charged with border management should consult with
foreign governments to improve cooperation. (See CRS Report RS20627, Immigration:
Integrated Entry and Exit Data System.)
Other Immigration-related Legislation
Naturalization and Immigrant Benefit Processing. Naturalization has become an
issue in recent years because of instances of fraud, abuse, and mismanagement.
Unprecedented numbers of people are seeking to naturalize, straining the system as INS
attempts to reform it. The 105th Congress designated additional funding to restore integrity
to, and improve, naturalization services in the FY1998 and FY1999 CJS appropriations acts.
For FY2000, the conference agreement on a CJS appropriations bill (H.R. 2670) continued
at full funding ($124 million) the FY1999 backlog reduction action teams and accompanying
resources for naturalization. H.R. 2670 became part of Division B of P.L. 106-113. (See
CRS Report RS20274, Naturalization of Immigrants: Trends and Legislative Issues.)
In addition, widespread concern over the growing backlogs and delays in processing
naturalization and immigrant petitions has prompted legislation aimed at reducing the
processing times of most petitions to no more than 90 days. Currently the processing of most
immigration benefits is funded by fees paid by the beneficiaries. Language from S. 2586 that
would require the Attorney General to submit a plan to reduce the backlogs and improve
petition processing, would establish an “Immigration Services and Infrastructure
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Improvement Account,” and would authorize the appropriation of such sums as may be
necessary is incorporated into P.L. 106-313, the H-1B legislation that the President signed
October 17, 2000.
Human Trafficking. The president signed legislation (P.L. 106-386, H.R. 3244) aimed
at stopping human trafficking, particularly sexual trafficking in women and children. The
“Trafficking Victims Protection Act" (H.R. 3244) was passed in different forms by the House
and the Senate on May 9, 2000, and July 27, 2000, respectively. The act seeks to combat
trafficking through prevention; prosecution and enforcement against traffickers; and
protection and assistance to victims. P.L. 106-386, among other provisions, amends the INA
to establish a new “T” nonimmigrant visa category for certain trafficking victims and allows
for the adjustment to permanent resident status of T visa holders after 3 years of continuous
physical presence in the United States. The House passed the conference report for H.R.
3244 (H.Rept. 106-939) on October 6, and the Senate did so on October 11, 2000. (See
CRS Report RL30545, Trafficking in Women and Children: The U.S. and International
Response.)
Noncitizen Victims of Family Violence. P.L. 106-386 also included provisions for
noncitizen victims of domestic violence. During the past decade, various provisions were
enacted to assist noncitizen victims of family violence who are the spouses or children of U.S.
citizens or legal permanent residents. Multiple bills to extend additional protections to
battered aliens in areas such as cancellation of removal, adjustment of status, and self-
petitioning are before Congress. On July 12, 2000, the Senate Judiciary Committee reported
the “Violence Against Women Act of 2000” (S. 2787), which contained a battered immigrant
title. In the House, the Immigration Subcommittee held a hearing on a battered alien bill
(H.R. 3083) on July 20. Provisions similar to H.R. 3083 also are included in H.R. 4966.
Most importantly, the battered immigrant provisions were included in the conference report
on H.R. 3244 (H.Rept. 106-939) that became P.L. 106-386. (See CRS Report RL30559,
Immigration: Noncitizen Victims of Family Violence.)
Visa Waiver Pilot Program (VWPP). The statutory authority for the VWPP (INA §
217(f)) expired on April 30, 2000. In the interim, the Attorney General has exercised her
parole authority to extend the program temporarily. The VWPP allows nationals from certain
countries to enter the United States as temporary visitors for business or pleasure without first
obtaining a visa from a U.S. consulate abroad. By eliminating the visa requirement, this
program facilitates international travel and commerce and eases consular office workloads,
but it also bypasses the first step by which foreign visitors are screened for admissibility when
seeking to enter the United States.
On April 11, 2000, the House passed the “Visa Waiver Permanent Program Act” (H.R.
3767). H.R. 3767 would make the VWPP permanent and includes provisions designed to
strengthen the documentary and reporting requirements. On October 3, 2000, the Senate
passed H.R. 3767 with an amendment. The Senate-passed version is slightly different than the
House-passed bill in terms of the VWPP. It also includes several miscellaneous provisions,
one of which would modify Section 641 of IIRIRA that establishes a program to collect
information on nonimmigrant foreign students. The House passed the Senate version of H.R.
3767 on October 10, and the bill has been signed by the President (P.L. 106-396). Also, H.R.
2961, passed by the House on July 18, 2000, allows for an extension of stay of nonimmigrant
aliens entering under the VWPP who require medical treatment. It passed the Senate on
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October 19 and was signed by the President (P.L. 106-406). (See CRS Report RS20546,
Immigration: Proposals to Reauthorize and Make Permanent the Visa Waiver Pilot
Program.)
Syrian Jews. The House passed a bill, H.R. 4681, on July 11, 2000, that provides for
the adjustment of status of certain Syrian nationals who are Jewish. The Senate approved this
legislation on October 19, and the President signed it (P.L. 106-378).

Use of Social Security Numbers on Driver’s Licenses. P.L. 106-69, § 355, repeals
§ 656(b) of IIRIRA. Section 656(b) prohibited federal agencies from accepting state-issued
driver’s licenses or comparable documents for identification purposes after October 1, 2000,
that did not contain a social security number (unless the state qualified for an exemption) and
meet other standards. The repeal of § 656(b) reflects the fear that it could have become the
basis for a “national ID card.”
Adoption. P.L. 106-395 (H.R. 2883) confers automatic U.S. citizenship on certain
foreign-born children adopted by U.S. citizens. It also includes provisions aimed at protecting
certain immigrants from removal due to bad moral character findings because they falsely
claim citizenship or registered to vote. P.L. 106-139 provides that an adopted alien under age
18 may be considered a child under the INA if adopted with or after a sibling who is under
age 16. Congress also enacted P.L. 106-279 (H.R. 2909), the Hague Convention on
Adoption, that includes immigration provisions that pertain to adoption.
National Interest Waiver for Alien Physicians. P.L. 106-95 and P.L. 106-113 include
identical amendments to the INA requiring the Attorney General to issue a “national interest
waiver” of the job offer requirement for alien physicians seeking permanent admission as
employment-based second preference immigrants. The alien physicians must agree to work
in a medically underserved area designated by the HHS Secretary or in a Veterans Affairs
facility, and do so for 5 years, and a federal agency or state public health department must
previously have determined that their work in the area or facility is in the public interest.
Hmong Naturalization. P.L. 106-207 seeks to facilitate the naturalization of Hmong
and other Laotian refugees who served in special guerilla units in Laos (and their spouses or
widows) by easing applicable naturalization requirements. The law exempts them from the
English language requirement and provides them with special consideration concerning the
required examination in U.S. government and history. The House hass subsequently passed
H.R. 5234 on September 25 that would extend provisions to certain widows not covered by
P.L. 106-207.
Miscellaneous Nonimmigrant Amendments. P.L. 106-95 amends the “L”
nonimmigrant category for intracompany transfers (i.e., employees of international
corporations) to provide that international management consulting firms that break off from
other international accounting firms may continue to use L visas, provided they maintain the
qualifying worldwide organizational structure. P.L. 106-104 amends the INA to extend for
an additional 2 years the “S” nonimmigrant category for alien witnesses and informants
providing information on organized crime and terrorist operations.
Other Provisions in the Consolidated Appropriations Act. P.L. 106-113 authorizes
the Secretary of State to charge fees relating to affidavits of support, and states the
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Department’s policy regarding processing of immigrant relative visa applications within 30
to 60 days of receipt. It also prohibits the use of funds appropriated by it for providing visas
to citizens or nationals of countries determined by the Attorney General under INA § 243(d)
to deny or unreasonably delay accepting the return of their citizens or nationals.
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