Title III- Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens
Subtitle A - Revision of Procedures for Removal of Aliens
Section 301. Treating Persons Present in the U.S. Without Authorization As Not Admitted.
Under the INA, now "admission" means that an immigration officer inspected an alien and authorized the entry. The Alien who is "unlawfully present" (i.e. overstayed a period of admission or entered without inspection by illegally crossing the US border), and who left the U.S. voluntarily before removal proceedings began, will be denied admission to the U.S. for a certain period depending on the period of his unlawful presence.
An alien unlawfully present for more than 180 days but less than one year, is inadmissible for three years from the date of departure. An alien unlawfully present for one year or more is inadmissible for 10 years from the date of departure.
The "unlawfully present" periods are tolled for up to 120 days for those who were admitted or paroled; filed a "nonfrivolous" application for change or extension of status before their authorized stay expired; and were not employed without authorization. The counting of time unlawfully present for the bars begins to run only after April 1, 1997.
Section 302. Inspection of Aliens; Expedited Removal of Inadmissible Arriving Aliens.
An alien arriving the U.S. with no visa documents or fraudulent documents is excluded without hearing unless he states a credible fear of persecution or an intention to apply for asylum.
This section allows "summary exclusion" for aliens entering the U.S. at international airports.
Section 303. Apprehension and Detention of Aliens.
Virtually all criminal aliens must be detained when they are released from criminal custody. The effective date for this section is April 1, 1997.
Section 304. Removal Proceedings: Cancellation of Removal and Adjustment of Status; Voluntary Departure.
A single "removal" hearing in place of the current separate deportation and exclusion hearings is established. This section also imposes new restrictions on voluntary departure. The maximum period for voluntary departure of an alien in removal proceedings, is now 120 days, which is shorter than the old period in deportations proceedings. This section takes effect on April 1, 1997.
Section 306. Appeals from Orders of Removal.
No court has jurisdiction to review discretionary decisions or actions of the Attorney General, including denials of discretionary relief, other than the granting of asylum.
Subtitle C - Revision of Grounds for Exclusion and Deportation
Section 341. Proof of Vaccination Requirement for Immigrants.
Any intending immigrant who does not present evidence of vaccination against certain enumerated diseases, with applicable waivers is inadmissible. This applies to applications for immigrant visas or adjustment of status filed after September 30, 1996.
Section 343. Certification Requirements for Foreign Health Care Workers.
An alien seeking admission for employment as health-care workers is required to present credentials (from the Commission on Graduates of Foreign Nursing Schools or the equivalent) verifying the alien's training, licensing, and experience and also appropriate competency in English.
Section 346. Inadmissibility of Certain Student Visa Abusers.
Any alien who obtains a visa after November 29, 1996, including aliens whose status is extended after November 29, 1996, as a nonimmigrant student in a private elementary or secondary school and who violates a term or condition of the nonimmigrant status is inadmissible for five years.
Section 352. Exclusion of Former Citizens Who Renounced Citizenship to Avoid U.S. Taxation.
Those who renounce U.S. citizenship after September 30, 1996 in order to avoid U.S. taxation are excludable from the U.S.
Subtitle F- Additional Provisions
Section 375. Limitation on Adjustment of Status.
An aliens who is not in "lawful nonimmigrant status," who has violated the terms of his nonimmigrant visa, or who has engaged in unauthorized employment may not adjust status. But an alien can still adjust status to permanent residence if he pays a fee of $1,000 as stated section 376.
Section 380. Civil Penalties for Failure to Depart.
Not more than $500 penalty per day may be imposed to aliens subject to final orders of removal who willfully fail or refuse to depart, make timely application for travel documents, or present themselves for removal at the time and place required by the Attorney General on or after April 1, 1997.
Subtitle B - Other Provisions Relating to Employer Sanctions
Section 411. Limiting Liability for Certain Technical Violations of Paperwork Requirements.
Technical or paperwork violations of the employer sanctions provisions is exempted, as long as there has been a "good faith attempt" by an employer to comply with the verification requirement. The exemption will not apply if the employer fails to cure the violations within ten-day window or if the employer has engaged in pattern and practice violations. This section applies to violations occurring on or after September 30, 1996.
Section 412. Paperwork and Other Changes in the Employer Sanctions Program.
The certificate of naturalization, the certificate of citizenship, and foreign passports are eliminated from the documents used for work verification. Also, a birth certificate as a document specifically identified for employment authorization is removed. This section takes effect upon designation of the Attorney General, but not later than September 30, 1997.