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313.. 313(a) 313(a)(5) 313(c).. 314. 315.. 315(c). 316(a) 316(a)(1). 316(b) 318. 319(a) 319(b)(1)(A)-(C).. 319(b)(1)(B) 319(c).. 319(d) 320. 320(a) 321. 321(a) 321(a)(1) 321(a)(2), 321(a)(3) 322. 322(a) 324(a) 327. 327(a) 327(b) 328..... 328(a) 329

329(a) ..... 329(a)(1) 329(a)(2) 329(c).... 329A(a) 329A(b) 329A(b)(1) 329A(b)(2) 329A(b)(3) 329A(c).. 330(a) 330(b) 331.. 332(b) 334.

334(b) 334(e). 335. 336. 336(a) 336(b) 336(d)

C. LIST OF RECENT LEGISLATION (1979-1991) AMENDING THE IMMI

GRATION AND NATIONALITY ACT OR OTHERWISE AFFECTING ALIENS

[Prepared by Congressional Research Service, Library of Congress]

LEGISLATION AMENDING THE IMMIGRATION AND NATIONALITY ACT OR OTHERWISE AFFECTING ALIENS, 1979-1991

The following list of legislation amending the Immigration and Nationality Act (INA) or otherwise affecting aliens is organized by the Congress in which the legislation was enacted. The period 1979-1991 covers the 96th Congress through the end of the 1st session of the 102nd Congress. Within each Congress, the legislation is generally grouped in three principal categories: legislation amending the Immigration and Nationality Act (INA), the Immigration Reform and Control Act (IRCA), or the Immigration Act of 1990 (IMMACT'90); legislation affecting the INA, IRCA, and Immigration and Naturalization Service (INS) operations; and legislation regulating alien participation in Federal assistance programs and other Federal activities. The legislation is listed in order of enactment within each category, with a number of the acts cited in more than one category. I. 96th CONGRESS, 1979-1980 A. Legislation Amending the INA

1. P.L. 96-70, the Panama Canal Act of 1979 (September 27, 1979; 93 Stat. 452), amended sections 101(a)(27) and 212 of the INA to allow for the admission of a limited number of aliens from the Panama Canal Zone (93 Stat. 496).

2. P.L. 96-212, the Refugee Act of 1980 (March 17, 1980; 94 Stat. 102), amended the INA to provide for the admission and resettlement of refugees.

3. P.L. 96-538, the Health Programs Extension Act of 1980 (December 17, 1980; 94 Stat. 3183), amended section 212(X2)(A) of the INA to extend until December 31, 1981 the period during which certain entry requirements for nonimmigrant foreign medical graduates could be waived (94 Stat. 3192). B. Legislation Affecting the INA, INS Operations, or Refugees

1. P.L. 96-8, the Taiwan Relations Act (April 10, 1979; 93 Stat. 14), provided that, “for purposes of the Immigration and Nationality Act, Taiwan may be treated in the manner specified in the first sentence of section 202(b) of that Act” (93 Stat. 16), meaning that it may be entitled to the independent country limit of 20,000 immigrant visas annually, separate from China. This provision was interpreted as requiring affirmative action by the State Department, and was subsequently enacted in a different form in P.L. 37-113.

2. P.L. 96-60, the Department of State Authorization Act, Fiscal Years 1980 and 1981 (August 15, 1979; 93 Stat. 395), included a modification of the 1977 “McGovern amendment,” relating to the exclusion of aliens under section 212(a/28) of the INA on the grounds of affiliation with proscribed organizations (93 Stat. 397).

3. P.L. 96-68, the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1980 (September 24, 1979; 93 Stat. 416), appropriated $318,465,000 for INS for FY 1980 (93 Stat. 420).

4. P.L. 96-110 (November 13, 1979; 93 Stat. 843) amended the Indochina Migration and Refugee Assistance Act of 1975 to extend the authority for assistance to Indochinese refugees through FY 1981, retroactive to the beginning of FY 1980. The 1975 Act was repealed by section 312(c) of P.L. 96-212, the Refugee Act of 1980.

5. P.L. 96-132, the Department of Justice Appropriation Authorization Act, Fiscal Year 1980 (November 30, 1979; 93 Stat. 1040), required an independent comprehensive management analysis of INS (93 Stat. 1047); and authorized increased appropriations for the Select Commission on Immigration and Refugee Policy and extended its reporting date from September 30, 1980 to March 1, 1981 (93 Stat. 1051). 6. P.L. 96-422, the Refugee Education Assistance Act of 1980 (October 10, 1980; 94 Stat. 1799), contained in title V the legislative authority for appropriations for resettlement assistance for Cuban and Haitian entrants. The remaining titles authorized education-related assistance for entrants and refugees.

7. P.L. 96-536, the Further Continuing Appropriations Resolution, 1981 (December 16, 1980; 94 Stat. 3166), appropriated $351,000,000 for INS for FY 1981 (94 Stat. 3169). (P.L. 96-536 was initially in effect through June 5, 1981, and was extended through the end of FY 1981 by P.L. 97-12 (June 5, 1981; 95 Stat. 14, 95)). C. Legislation Regulating Alien Participation in Federal Assistance Programs and

Other Federal Activities 1. P.L. 96-68, the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1980 (September 24, 1979; 93 Stat. 416), prohibited the use of Legal Service Corporation funds for undocumented aliens during FY 1980 (93 Stat. 433).

2. P.L. 96-74, the Treasury, Postal Service, and General Government Appropriations Act, 1980 (September 29, 1980; 93 Stat. 559), contained a Government-wide ban against the employment during FY 1980 of noncitizens of the United States with specified exceptions (93 Stat. 574).

3. P.L. 96-84 (October 10, 1979; 93 Stat. 653) amended section 3306(c/1) of the Internal Revenue Code to extend until January 1, 1982 the period during which employers are not required to pay Federal unemployment tax on wages of temporary alien farmworkers admitted under sections 101(a)(15/(H) and 214(c) of the INA (93 Stat. 654).

4. P.L. 96-123, the Further Continuing Appropriations Resolution, 1980 (November 20, 1979; 93 Stat. 923), prohibited the use of Department of Labor funds for undocumented aliens during FY 1980 (93 Stat. 925).

5. P.L. 96–249, the Food Stamp Act Amendments of 1980 (May 26, 1980; 94 Stat. 357), included amendments relating to the resources of ineligible aliens (94 Stat. 361) and requiring the reporting of illegal aliens (94 Stat. 362).

6. P.L. 96–265, the Social Security Disability Amendments of 1980 (June 9, 1980; 94 Stat. 441), included amendments to title XVI of the Social Security Act providing that permanent resident aliens who apply for Supplemental Security Income (SSI) for the Aged, Blind and Disabled benefits will be deemed to have a portion of the resources of their immigration sponsors available for their support for 3 years after their entry (94 Stat. 471).

7. P.L. 96-399, the Housing and Community Develoment Act of 1980 (October 8, 1980; 94 Stat. 1614), prohibited financial assistance to nonimmigrant students (94 Stat. 1637).

8. P.L. 96-438, the Consolidated Farm and Rural Development Act Amendments (October 13, 1980; 94 Stat. 1871), permitted permanent resident aliens to be eligible for loans (94 Stat. 1872).

9. P.L. 96-536, the Further Continuing Appropriations Resolution, 1981 (December 16, 1980; 94 Stat. 3166), continued in effect for FY 1981 the prohibitions against the use of Legal Services Corporation and Labor Department funds for undocumented aliens, and the Government-wide ban against employment of non-citizens with specified exceptions (94 Stat. 3169; 94 Stat. 3166). (P.L. 96-536_was initially in effect through June 5, 1981, and was extended through the end of FY 1981 by Þ.L. 97-12 (June 5, 1981; 95 Stat. 14, 95)). II. 97th CONGRESS, 1981-1982 A. Legislation Amending the INA

1. P.L. 97-116, the Immigration and Nationality Act Amendments of 1981 (December 29, 1981; 95 Stat. 1611), popularly referred to as the INS Efficiency Act, consisted of a series of generally technical and noncontroversial amendments to the INA.

2. P.L. 97-359 (October 22, 1982; 96 Stat. 1716) amended the INA by the addition of a new section 204(g) providing preferential treatment in the admission of certain Amerasian children.

3. P.L. 97–363, the Refugee Assistance Amendments of 1982 (October 25, 1982; 96 Stat. 1734), authorized appropriations for refugee assistance activities under title IV of the INA for FY 1983, with some modifications. B. Legislation Affecting the INA, INS Operations, or Refugees

1. P.L. 97–35, the Omnibus Budget Reconciliation Act of 1981 (August 13, 1981; 95 Stat. 357) included the “Consolidated Refugee Education Assistance Act" (95 Stat. 458) which, among other things, extensively amended titles I-IV of P.L. 96-422, the Refugee Education Assistance Act of 1980.

2. P.L. 97–86, the Department of Defense Authorization Act, 1982 (December 1, 1981; 95 Stat. 1099), amended the U.S. Code (10 U.S.C. 374(a)(2)) to authorize military cooperation with civilian law enforcement officials, and specifically with the Attorney General regarding sections 274-278 of the INA (95 Stat. 1115).

3. P.L. 97–92, the Further Continuing Appropriations Resolution, 1982 (December 15, 1981; 95 Stat. 1183) extended through September 30, 1982 by P.L. 97-161 (March 31, 1982; 96 Stat. 22), appropriated $428,557,000 for INS for FY 1982 (95 Stat. 1191). The Attorney General was also instructed to limit to 525 the number of aliens detained at Krome North in Florida (95 Stat. 1198).

4. P.L. 97-113, the International Security and Development Cooperation Act of 1981 (December 29, 1981; 95 Stat. 1519), required that Taiwan be considered as a separate foreign state for the purpose of the 20,000 per-country limit under the INA (95 Stat. 1549); required cooperation in halting illegal emigration as a condition for assistance to Haiti (95 Stat. 1551); and expressed the sense of the Congress that El Salvadorans should be considered for extended voluntary departure on a case-bycase basis (95 Stat. 1557).

5. P.L. 97–241, the Department of State Authorization Act, FY 1982 and 1983 (August 24, 1982; 96 Stat. 273), required the President to report on the total costs of assistance to refugees and Cuban and Haitian entrants (96 Stat. 297).

6. P.L. 97–271, the Virgin Islands Nonimmigrant Alien Adjustment Act of 1982 (September 30, 1982; 96 Stat. 1157), authorized the granting of permanent resident status to certain “H-2” nonimmigrant aliens and their families residing in the U.S. Virgin Islands.

7. P.L. 97-300, the Job Training Partnership Act (October 13, 1982; 96 Stat. 1322), amended the Wagner-Peyser Act of 1933 to require payment for services of the Labor Department's U.S. Employment Service not authorized by the Act (96 Stat. 1395). INĀ-authorized alien certification was cited as such an activity in the Senate report.

8. P.L. 97–377, the Further Continuing Appropriations Resolution, 1983 (December 21, 1982; 96 Stat. 1830), appropriated $484,431,000 for INS for FY 1983 (96 Stat. 1873).

9. H. Res. 304, expressing the sense of the House that the President should halt deportation proceedings involving Poles until the political situation in Poland stabilized, passed the House on December 15, 1981. C. Legislation Regulating Alien Participation in Federal Assistance Programs and

Other Federal Activities 1. P.L. 97–35, the Omnibus Budget Reconciliation Act of 1981 (August 13, 1981; 95 Stat. 357), included amendments to the Housing and Community Development Act of 1980 prohibiting financial assistance to nonimmigrants or undocumented aliens (95 Stat. 408); and included legislative eligibility requirements for alien participation in the Aid to Families with Dependent Children (AFDC) program authorized by title IV-A of the Social Security Act, and provided that immigrants who apply for AFDC benefits will be deemed to have a portion of the resources of their immigration sponsors available for their support for 3 years after their entry (95 Stat. 857).

2. P.L. 97-92, the Further Continuing Appropriations Resolution, 1982 (December 15, 1981; 95 Stat. 1183) extended by P.L. 97-161 (March 31, 1982; 96 Stat. 22), continued in effect during FY 1982 the prohibition against the use of Legal Services Corporation and Labor Department funds for undocumented aliens, and the Government-wide ban against the employment of noncitizens with specified exceptions (95 Stat. 1190; 95 Stat. 1183).

3. P.L. 97-98, the Agriculture and Food Act of 1981 (December 22, 1981; 95 Stat. 1213), amended the Food Stamp Act to provide that immigrants who apply for food stamps will be deemed to have a portion of the resources of their immigration sponsors available for their support for 3 years after their entry (95 Stat. 1283). 4. P.L. 97-248, the Tax Equity and Fiscal Responsibility Act of 1982

(September 3, 1982; 96 Stat. 324), included an amendment to section 3306(c)(1) of the Internal Revenue Code extending until January 1, 1984 the period during which employers are not required to pay Federal unemployment tax on wages of temporary alien farmworkers admitted under sections 101(a)(15)(H) and 214(c) of the INA (96 Stat. 559).

5. P.L. 97-276, the Continuing Appropriations Resolution, 1983 (October 2, 1982; 96 Stat. 1186), continued in effect through December 17, 1982 the restriction against the use of Labor Department funds for undocumented aliens (96 Stat. 1187). The restriction was not extended beyond this date.

6. P.L. 97–377, the Further Continuing Appropriations Resolution, 1983 (December 21, 1982; 96 Stat. 1830), prohibited the use of Legal Services Corporation funds during FY 1983 for most aliens not admitted for permanent residence (96 Stat. 1874), and continued in effect the Government-wide ban against the employment of noncitizens with specified exceptions (96 Stat. 1830). E. Other Related Legislation

1. P.L. 97–123, (December 29, 1981; 95 Stat. 1659) amended section 208(g) of the Social Security Act to prohibit altering or counterfeiting of social security cards or traffic in such cards, and to increase the penalties for misuse of social security numbers to not more than a $5,000 fine and/or 5 years imprisonment (95 Stat. 1663).

2. P.L. 97–241, the Department of State Authorization Act, FY 1982 and 1983 (August 24, 1982; 96 Stat. 273), included provisions providing for U.S. passport fees and increasing passport validity to up to 10 years, and relating to citizenship documentation (96 Stat. 279).

3. P.L. 97-398, the False Identification Crime Control Act of 1982 (December 31, 1982; 96 Stat. 2009), included provisions prohibiting the production, transfer, or possession of counterfeit or stolen identification documents.

4. P.L. 97-470, the Migrant and Seasonal Agricultural Worker Protection Act (January 14, 1983; 96 Stat. 2583), which superseded and repealed the Farm Labor Contractor Registration Act (FLCRA), included a provision prohibiting farm labor contractors from using the services of aliens unauthorized to work in the United States with penalties for violation similar to those in FLCRA (96 Stat. 2589; 96 Stat. 2596). III. 98th CONGRESS, 1983-1984 A. Legislation Amending the INA

1. P.L. 98-164, the Department of State Authorization Act, FY 1984 and 1985 (November 22, 1983; 97 Stat. 1017), deleted section 412(bX1)(B) of the INA, a reporting requirement relating to refugees which had met (97 Stat. 1061).

2. P.L. 98-454 (October 5, 1984; 98 Stat. 1732) amended sections 212 and 214 of the INA, authorizing a nonimmigrant visa waiver for aliens entering Guam as visitors for up to 15 days, provided Guam had an adequate arrival and departure control system (98 Stat. 1737). The provision was amended by P.L. 99-396.

3. P.L. 98-473, the Continuing Appropriations Resolution, 1985 (October 12, 1984; 98 Stat. 1837), included crime-related technical amendments to sections 212(a)(9) and 242(h) of the INA (98 Stat. 2028); and amended section 412(e) of the INA to require the implementation of alternative resettlement assistance projects to encourage refugee self-sufficiency (98 Stat. 1877).

4. Private Law 98-47 (October 30, 1984) amended section 101(a)9) of the INA to repeal the visa issuance authority of Governors of the Canal Zone and other U.S. possessions. B. Legislation Affecting the INA and INS Operations

1. P.L. 98-151, the Continuing Appropriations Resolution, 1984 (November 14, 1983; 97 Stat. 964), authorized and appropriated funds for refugee and Cuban/Haitian entrant assistance (97 Stat. 964); and required cooperation in halting illegal emigration as a condition for assistance to Haiti (97 Stat. 971).

2. P.L. 98-164, the Department of State Authorization Act, FY 1984 and 1985 (No vember 22, 1983; 97 Stat. 1017), expressed the sense of the Congress that certain Salvadorans should be granted extended voluntary departure (97 Štat. 1062).

3. P.L. 98-166, the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriations Act, 1984 (November 28, 1983; 97 Stat. 1071), appropriated $501,257,000 for INS (97 Stat. 1083).

4. P.L. 98-411, the Departments of State, Justice and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1985 (August 30, 1984), appropriated $576,417,000 for INS (98 Stat. 1556). It also appropriated $5 million to reimburse States for incarcerated Mariel Cubans (98 Stat. 1558).

5. P.L. 98-473, the Continuing Appropriations Resolution, 1985 (October 12, 1984; 98 Stat. 1837), contained an amendment to 18 U.S.C. 3142(d) relating to the detention of certain aliens (98 Stat. 1978); and required cooperation in halting illegal emigration as a condition for assistance to Haiti (98 Stat. 1903).

6. Private Law 98-53 (October 30, 1984) permitted immigrants employed by the American University of Beirut to return to the United States upon completion of such employment. C. Legislation Regulating Alien Participation in Federal Assistance Programs and

Other Federal Activities 1. P.L. 98-21, the Social Security Amendments of 1983 (April 20, 1983; 97 Stat. 65), restricted the eligibility of certain nonresident aliens seeking security benefits as de

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