legislation: 98-s-592
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 98-s-592 | 98 | s | 592 | Immigration Emergency Powers and Procedures Act of 1983 | Immigration | 1983-02-24 | 1983-03-07 | Referred to Subcommittee on Immigration and Refugee Policy. | Senate | Sen. Chiles, Lawton [D-FL] | FL | D | C000356 | 1 | Immigration Emergency Powers and Procedures Act of 1983 - Amends the Immigration and Nationality Act to authorize the President to declare an immigration emergency if in his judgment: (1) a substantial number of undocumented aliens from a designated country (countries) or geographic area (areas) are ready to leave for the United States, or have already done so; and (2) the normal resources of the Immigration and Naturalization Service and the procedures under such Act would be inadequate to handle the influx of these aliens. Requires the President to explain such action to the Speaker of the House and the President pro tempore of the Senate within 48 hours. Terminates such emergency period after 120 days unless ended sooner or extended by the President. Authorizes the President during an immigration emergency to: (1) prevent or intercept U.S. vessels, vehicles, or aircraft from travelling to designated countries or areas; (2) prevent inadmissible aliens from arriving by requiring their return or their vessel, vehicle, or aircraft's return to a suitable country or area; (3) exempt executive instrumentalities from additional specified environmental requirements for up to one year; (4) close harbors, ports, roads, and airports; (4) designate one or more Federal agencies including the military to carry out these emergency powers (once they are invoked by the President); and (5) enforce the admissibility and asylum determination provisions of this Act beyond the territorial limits of the United States, including on the high seas. Authorizes the Attorney General to establish admissions and asylum procedures for such aliens. Eliminates judicial review of such determinations. Permits the Attorney General to: (1) deport an alien to a country other than the one he came from when necessary; and (2) permit an alien to post a surety bond to ensure admissions compliance. Requires an alien to be detained pending a final determination of admissibility unless he or she is clearly admissible. Permits the Attorney General to transfer such detained aliens at any time. Limits judicial review of the Attorney General's detention and transfer authority to habeas corpus questions of whether a particular person is within the category of aliens subject to detention. Sets forth enforcement, departure, and judicial review provisions for ports, airports, and roads closed under authority of this Act. Grants search and seizure and disaster authority to agencies enforcing this Act. Prohibits U.S. conveyances to travel to, or within specified distances of, designated countries or areas during an immigration emergency without prior executive approval. Provides penalties for violations, including fines, forfeiture, and imprisonment. Provides that violations of the Immigration and Nationality Act committed during an immigration emergency may be investigated by the Federal Bureau of Investigation, the Immigration and Naturalization Service, the Coast Guard, or any component of the Department of the Treasury. Amends the Immigration and Nationality Act to increase the fine for unlawfully bringing aliens into the United States. Permits the seizure of a vessel or aircraft so involved. Authorizes appropriations. | 2025-08-29T17:39:30Z |