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unless 4 such alien is seeking issuance of a visa, adjustment of status, or admission to the United States as an immigrant. (sic);
[(2) who a consular official or the Attorney General knows or has reasonable ground to believe has engaged, in an individual capacity or as a member of an organization, in a terrorist activity or is likely to engage after entry in a terrorist activity; or
[(3) who seeks to enter in an official capacity as a representative of a purported labor organization in a country where such organizations are in fact in
struments of a totalitarian state. In addition, nothing in subsection (a) shall be construed as applying to an alien who is described in section 212(a)(33) of the Immigration and Nationality Act (relating to those who assisted in the Nazi persecutions), to an alien described in the last sentence of section 101(aX42) of such Act (relating to those assisting in other persecutions) who is seeking the benefits of section 207, 208, 243(hX1), or 245A of such Act (relating to admission as a refugee, asylum, withholding of deportation, and legalization), or to an alien who is described in section 21(c) of the State Department Basic Authorities Act of 1956. In paragraph (2), the term “terrorist activity” means the organizing, abetting, or participating in a wanton or indiscriminate act of violence with extreme indifference to the risk of causing death or serious bodily harm to individuals not taking part in armed hostilities.
[(c) CONSTRUCTION REGARDING STANDING TO SUE.- Nothing in this section shall be construed as affecting standing in any Federal court or in any administrative proceeding.)
[(d) 5 Repealed by $128(b) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Pub. L. 101-246, Feb. 16, 1990, 104 Stat. 30.] SEC. 902. ADJUSTMENT TO LAWFUL RESIDENT STATUS OF CERTAIN NATIONALS OF COUNTRIES
FOR WHICH EXTENDED VOLUNTARY DEPARTURE HAS BEEN MADE AVAILABLE. 6 (a) ADJUSTMENT OF STATUS.—The status of any alien who is a national of a foreign country the nationals of which were provided (or allowed to continue in) "extended voluntary departure" by the Attorney General on the basis of a nationality group determination at any time during the 5-year period ending on November 1, 1987, shall be adjusted by the Attorney General to that of an alien lawfully admitted for temporary residence if the alien
(1) applies for such adjustment within two years after the date of the enactment of this Act;
(2) establishes that (A) the alien entered the United States before July 21, 1984, and (B) has resided continuously in the United States since such date and through the date of the enactment of this Act;
(3) establishes continuous physical presence in the United States (other than brief, casual, and innocent absences) since the date of the enactment of this Act;
4 The language from "unless” through the period was inserted by the 8th proviso of $ 555 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Pub. L. 100-461, Oct. 1, 1988).
5 Previous to the enactment of section 128 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Pub. L. 101-246, Feb. 16, 1990, 104 Stat. 30), subsection (d) read as follows: (d) EFFECTIVE PERIOD. Subsection (a) shall only apply to
(1) applications for nonimmigrant visas submitted before January 1, 1991;
(3) deportations based on activities occurring before January 1, 1991, or for which deportation proceedings (including judicial review with respect to such a proceeding) are pending at
any time between December 31, 1987 and January 1, 1991. In addition, previous to the enactment of the 9th proviso of $ 555 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Pub. L. 100-461, Oct. 1, 1988), subsection (d) read as follows: (d) EFFECTIVE PERIOD. Subsection (a) shall only apply to
(1) applications for visas submitted during 1988;
(3) deportations based on activities occurring during 1988 or for which deportation proceedings (including judicial review with respect to such a proceeding) are pending at any
time during 1988. Also, the 10th proviso of $ 555 of such Act provides as follows: "That the amendment made in the preceding sentence shall not require the deportation of aliens admitted for permanent resident status under section 901 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989, as in effect before the date of the enactment of this Act (viz., October 1, 1988)”.
6 For identical, and duplicative, provision, see $ 902 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1988, as contained in § 101(a) of Pub. L. 100-202, shown in Appendix IV. F.
(4) in the case of an alien who entered the United States as a nonimmigrant before July 21, 1984, establishes that (A) the alien's period of authorized stay as a nonimmigrant expired not later than six months after such date through the passage of time or (B) the alien applied for asylum before July 21, 1984; and
(5) meets the requirements of section 245A(a)(4) of the Immigration and Na
tionality Act (8 U.S.C. 1255a(a)(4)). The Attorney General shall provide for the acceptance and processing of applications under this subsection by not later than 90 days after the date of the enactment of this Act.
(b) STATUS AND ADJUSTMENT OF STATUS.—The provisions of subsections (b), (c)(6), (d), (f), (g), (h), and (i) of section 245A of the Immigration and Nationality Act (8 U.S.C. 1255a) shall apply to aliens provided temporary residence under subsection (a) in the same manner as they apply to aliens provided lawful temporary residence status under section 245A(a) of such Act. SEC. 903. PROCESSING OF CUBAN NATIONALS FOR ADMISSION TO THE UNITED STATES. ?
(a) PROCESSING OF CERTAIN CUBAN POLITICAL PRISONERS AS REFUGEES.—In light of the announcement of the Government of Cuba on November 20, 1987, that it would reimplement immediately the agreement of December 14, 1984, establishing normal migration procedures between the United States and Cuba, on and after the date of the enactment of this Act, consular officers of the Department of State and appropriate officers of the Immigration and Naturalization Service shall, in accordance with the procedures applicable to such cases in other countries, process any application for admission to the United States as a refugee from any Cuban national who was imprisoned for political reasons by the Government of Cuba on or after January 1, 1959, without regard to the duration of such imprisonment, except as may be necessary to reassure the orderly process of available applicants.
(b) PROCESSING OF IMMIGRANT VISA APPLICATIONS OF CUBAN NATIONALS IN THIRD COUNTRIES.-Notwithstanding section 212(f) and section 243(g) of the Immigration and Nationality Act, on and after the date of the enactment of this Act, consular officers of the Department of State shall process immigrant visa applications by nationals of Cuba located in third countries on the same basis as immigrant visa applications by nationals of other countries. (c) DEFINITIONS.—For purposes of this section:
(1) The term "process” means the acceptance and review of applications and the preparation of necessary documents and the making of appropriate determinations with respect to such applications.
(2) The term “refugee” has the meaning given such term in section 101(a)(42)
of the Immigration and Nationality Act. SEC. 904. INDOCHINESE REFUGEE RESETTLEMENT.
[Omitted.] SEC. 905. AMERASIAN CHILDREN IN VIETNAM.
[Omitted.] SEC. 906. REFUGEES FROM SOUTHEAST ASIA.
[Omitted.] SEC. 907. RELEASE OF YANG WEI.
F. IMMIGRATION AMENDMENTS OF 1988
(PUBLIC LAW 100-658, NOVEMBER 5, 1988)
SECTION 1. SHORT TITLE.
This Act may be cited as the “Immigration Amendments of 1988”.
? This section is virtually identical to, and duplicative of, $ 702 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1988, as contained in § 101(a) of Pub. L. 100-202, 101 Stat. 1329-40, shown in Appendix III. G.
SEC. 2. 2-YEAR EXTENSION OF SECTION 314 OF THE IMMIGRATION REFORM AND CONTROL ACT
OF 1986. (a) IN GENERAL.-Section 314(a) of the Immigration Reform and Control Act of 1986 is amended by inserting “and 15,000 visa numbers in each of fiscal years 1989 and 1990” after “5,000 visa numbers in each of fiscal years 1987 and 1988”.
(b) ADMINISTRATION.—In carrying out the amendment made by subsection (a), the Secretary of State shall continue to use the list of qualified immigrants established under section 314 of the Immigration Reform and Control Act of 1986 before the date of the enactment of this Act, and may continue to carry out such section under the regulations in effect (as of the date of July 1, 1988) under part 43 of title 22 of the Code of Federal Regulations. SEC. 3. MAKING VISAS AVAILABLE TO IMMIGRANTS FROM UNDERREPRESENTED COUNTRIES TO
ENHANCE DIVERSITY IN IMMIGRATION. (a) AUTHORIZATION OF ADDITIONAL VISAS.—Notwithstanding the numerical limitations in section 201(a) of the Immigration and Nationality Act (relating to worldwide level of immigration), but subject to the numerical limitations in section 202 of such Act (relating to per country numerical limitations), there shall be made available to qualified immigrants who are natives of underrepresented countries 10,000 visa numbers in each of fiscal years 1990 and 1991.
(b) DISTRIBUTION OF Visa NUMBERS.—The Secretary of State shall provide for making visa numbers provided under subsection (a) available in the same manner as visa numbers were made available to qualified immigrants under section 203(aX7) of the Immigration and Nationality Act, except that such visas shall be made available strictly in a random order among those who qualify during an application period established by the Secretary of State and except that if more than one petition is submitted with respect to any alien all such petitions submitted with respect to the alien shall be voided.
(c) WAIVER OF LABOR CERTIFICATION.-Section 212(aX14) of the Immigration and Nationality Act shall not apply in the determination of an immigrant's eligibility to receive any visa made available under this section or in the admission of such an immigrant issued a visa under this section.
(d) APPLICATION OF DEFINITIONS OF IMMIGRATION AND NATIONALITY ACT.-Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing in this section shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization.
(e) * UNDERREPRESENTED COUNTRY DEFINED.-In this section, the term "underre presented country” means a foreign state natives of which used, during fiscal year 1988, less than 25 percent of the maximum number of immigrant visa numbers otherwise available to it in that fiscal year under section 202(a) of the Immigration and Nationality Act. In applying the previous sentence, there shall not be taken into account visa numbers issued under section 314 of the Immigration Reform and Control Act of 1986. SEC. 4. EXTENSION OF H-1 STATUS FOR CERTAIN REGISTERED NURSES THROUGH DECEMBER 31,
The Attorney General shall provide for the extension through December 31, 1989, of nonimmigrant status under section 101(a)(15)Hi) of the Immigration and Nationality Act for an alien to perform temporarily services as a registered nurse in the case of an alien who has had such status for a period of at least 5 years if
(1) such status has not expired as of the date of the enactment of this Act but would otherwise expire during 1988 or 1989, due only to the time limitation with respect to such status; or
(2XA) the alien's status as such a nonimmigrant expired during the period be ginning on January 1, 1987, and ending on the date of the enactment of this Act, due only to the time limitation with respect to such status,
(B) the alien is present in the United States as of the date of the enactment of this Act,
(C) the alien has been employed as a registered nurse in the United States since the date of expiration of such status, and
All foreign states listed in Appendix VII.B.3. except the following meet this definition of “underrepresented": China-mainland born and Taiwan born, Colombia, Dominican Republic, El Sal. vador, Great Britain and Northern Ireland, Guyana, Haiti, India, Jamaica, Korea, Mexico and Philippines.
(D) in the case of an alien whose status expired during 1987, the alien's employer has filed with the Immigration and Naturalization Service, before the date of the enactment of this Act, an appeal of a petition filed in connection with the alien's application for extension of such status.
G. ANTI-DRUG ABUSE ACT OF 1988
(PUBLIC LAW 100-690, NOVEMBER 8, 1988)
SEC. 4604. MACHINE-READABLE DOCUMENT BORDER SECURITY PROGRAM.
(a) REQUIREMENT TO DEVELOP PROGRAM.—1) The Department of State, the United States Customs Service, and the Immigration and Naturalization Service shall develop a comprehensive machine-readable travel and identity document border secu. rity program that will improve border entry and departure control through automated data capture of machine-readable travel and identity documents.
(2) Within 60 days after the date of enactment of this Act, the Department of State, the Customs Service, and the Immigration and Naturalization Service shall jointly submit a detailed implementation plan to the Congress and the President regarding how they intend to carry out the program required by this section.
(3) The border security program required by this section shall include an integrat. ed cooperative data exchange system that will incorporate law enforcement data on narcotics traffickers, terrorists, convicted criminals, fugitives, and others currently documented in the Lookout Systems of all three agencies and departments.
(4) In developing the border security program mandated in this section, the agencies and departments shall ensure that at least the following documents shall be integrated into the program and be machine-readable: border crossing cards; alien registration; pilots licenses; passports; and visas.
(b) AGENCIES THAT WILL CONTRIBUTE LAW ENFORCEMENT DATA FOR THE SYSTEM. The following agencies and organizations shall contribute appropriate law enforcement data to the integrated cooperative data exchange system mandated in this section and shall update such information into the system on no less than a monthly basis:
(1) The Drug Enforcement Administration.
(7) The United States Coast Guard. (c) AUTHORIZATION OF APPROPRIATIONS.-1) There are authorized to be appropri. ated $23,000,000 for fiscal year 1989 for the development, procurement, and imple. mentation of a machine-readable travel and identity document border security pro gram. Of this amount $7,000,000 shall be available only for the United States Cum toms Service, $7,000,000 shall be available only for the Immigration and Naturaliza tion Service, and $9,000,000 shall be available only for the Department of State to carry out the provisions of this section.
(2) The amounts authorized by paragraph (1) are in addition to other amounts authorized to be appropriated for fiscal year 1989.
(d) CONTINUING FULL IMPLEMENTATION REQUIRED.-All agencies participating in the development and implementation of the border security program and systems mandated in this section shall maintain their participation and contributions to the program and systems authorized under this section at full implementation levels in fiscal years 1990, 1991, and 1992, subject to the availability of appropria: 60%
Subtitle D-Authorizations of Appropriations for the
Department of Justice, Prisons, and Related Law Enforcement Purposes
SEC. 6151. IMMIGRATION AND NATURALIZATION SERVICE PERSONNEL ENHANCEMENT. (a) SALARIES AND EXPENSES.
There is authorized to be appropriated for salaries and expenses for the Immigration and Naturalization Service for fiscal year 1989, $12,300,000: Provided, That such appropriation shall be in addition to any appro priations provided in regular appropriations Acts or continuing resolutions for the fiscal year ending September 30, 1989: Provided further, That of such additional appropriations authorized in this section, $4,100,000 shall be used to increase the number of inspectors of the Immigration and Naturalization Service by no fewer than 70 over such personnel levels on board at the Service as of September 30, 1988, and for related equipment.
(b) ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCE PILOT PROJECT AND REPORT.—(1) That of such additional appropriation authorized in this section, $8,200,000 shall be used to increase the commitment of Immigration and Naturalization Service personnel to the Organized Crime Drug Enforcement Task Forces (OCDETF) for additional special agent and support positions; and for associated training and equipment; and for costs incurred during INS agent participation in OCDETF operations with other Federal, State, and local law enforcement agencies.
(2) The positions described in paragraph (1) shall, under the supervision of a director for the pilot project, be used exclusively to assist Federal and local law enforce ment agencies in combating illegal alien involvement in drug trafficking and crimes of violence.
(3) The Director of the pilot project shall report to the Assistant CommissionerInvestigations and will have the authority to
(A) hire a limited number of non-Federal law enforcement officers with substantive experience in narcotics investigations should insufficient senior Federal agents be available. Non-Federal law enforcement officers hired under this provision may be over the age of 35, but in that event would only be eligible for nonlaw enforcement retirement benefits; and
(B) grant extensions of stay and other discretionary immigration benefits and waivers to witnesses, informants, and others whose presence in the United States is essential to the investigation and prosecution of criminal aliens in. volved in drug trafficking and crimes of violence. (4) After the first year of the establishment of this pilot project the Attorney General will provide for an evaluation of its effectiveness, including an assessment by Fed State, and local prosecutors and enforcement gencies.
(c) LOCAL OFFICE CAPABILITIES IMPROVEMENT Pilot PROJECT.–From the sums appropriated to carry out this section, the Attorney General, through the Investigative Division of the Immigration and Naturalization Service, shall provide a pilot program in 4 cities to establish or improve the capabilities of the local offices of the Service and of local law enforcement agencies to respond to inquiries concerning aliens who have been arrested or convicted for, or are the subject criminal investigation relating to, a violation of any law relating to controlled substances. The Attorney General shall select cities in a manner that provides special consideration for cities located near the land borders of the United States and for large cities which have major concentrations of aliens. Some of the sums made available under the pilot program shall be used to increase the personnel level of the Investigative Division.
SEC. 6161. BORDER PATROL DRUG INTERDICTION ASSET ENHANCEMENT.
There is authorized to be appropriated for salaries and expenses of the Border Patrol within the Department of Justice for fiscal year 1989, $16,400,000: Provided, That such appropriation shall be in addition to any appropriations provided in regular appropriations Acts or continuing resolutions for the fiscal year ending September 30, 1989: Provided further, That such additional appropriation shall be used only for the procurement of drug interdiction-related equipment for Border Patrol drug enforcement personnel, including spare parts for helicopters; 4-wheel drive law en