Message to the Congress Transmitting Proposed Legislation To Improve Immigration Enforcement

To the Congress of the United States:

I am pleased to transmit today for your immediate consideration and enactment the "Immigration Enforcement Improvements Act of 1995." This legislative proposal builds on the Administration's FY 1996 Budget initiatives and complements the Presidential Memorandum I signed on February 7, 1995, which directs heads of executive departments and agencies to strengthen control of our borders, increase worksite enforcement, improve employment authorization verification, and expand the capability of the Immigration and Naturalization Service (INS) to identify criminal aliens and remove them from the United States. Also transmitted is a section-by-section analysis.

Some of the most significant provisions of this proposal will:

• Authorize the Attorney General to increase the Border Patrol by no fewer than 700 agents and add sufficient personnel to support those agents for fiscal years 1996, 1997, and 1998.

• Authorize the Attorney General to increase the number of border inspectors to a level adequate to assure full staffing.

• Authorize an Employment Verification Pilot Program to conduct tests of various methods of verifying work authorization status, including using the Social Security Administration and INS databases. The Pilot Program will determine the most cost-effective, fraud-resistant, and nondiscriminatory means of removing a significant incentive to illegal immigration—employment in the United States.

• Reduce the number of documents that may be used for employment authorization.

• Increase substantially the penalties for alien smuggling, illegal reentry, failure to depart, employer violations, and immigration document fraud.

• Streamline deportation and exclusion procedures so that the INS can expeditiously remove more criminal aliens from the United States.

• Allow aliens to be excluded from entering the United States during extraordinary migration situations or when the aliens are arriving on board smuggling vessels. Persons with a credible fear of persecution in their countries of nationality would be allowed to enter the United States to apply for asylum.

• Expand the use of the Racketeer Influenced and Corrupt Organizations (RICO) statute to authorize its use to pursue alien smuggling organizations; permit the INS, with judicial authorization, to intercept wire, electronic, and oral communications of persons involved in alien smuggling operations; and make subject to forfeiture all property, both real and personal, used or intended to be used to smuggle aliens.

• Authorize Federal courts to require criminal aliens to consent to their deportation as a condition of probation.

• Permit new sanctions to be imposed against countries that refuse to accept the deportation of their nationals from the United States. The proposal will allow the Secretary of State to refuse issuance of all visas to nationals of those countries.

• Authorize a Border Services User Fee to help add additional inspectors at high volume ports-of-entry. The new inspectors will facilitate legal crossings; prevent entry by illegal aliens; and stop cross-border drug smuggling. (Border States, working with local communities, would decide whether the fee should be imposed in order to improve infrastructure.)

This legislative proposal, together with my FY 1996 Budget and the February 7th Presidential Memorandum, will continue this Administration's unprecedented actions to combat illegal immigration while facilitating legal immigration. Our comprehensive strategy will protect the integrity of our borders and laws without dulling the luster of our Nation's proud immigrant heritage.

I urge the prompt and favorable consideration of this legislative proposal by the Congress.

WILLIAM J. CLINTON

The White House, May 3, 1995.