Immigration Emergency Act

Summary

Immigration Emergency Act - Authorizes 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 procedures and resources of the Immigration and Naturalization Service 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 U.S. vessels, vehicles, or aircraft from traveling 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; and (4) designate one or more Federal agencies including the military to carry out these emergency powers (once they are invoked by the President). Requires an alien to be detained pending a final determination of admissibility. 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. 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 up to $35,000,000 for purposes of this title.

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1 official file

• Introduced in House

  summary · EN · 30 September 1982

  Open at official source

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