INS on Enhancements of Criminal Penalties
96Act#021
HQIRT 50/5.12
Subject: Date:
IIRAIRA: Enhancements of July 16, 1997
Criminal Penalties
To: From:
Management Team Office of Programs
Regional Directors (HQPGM)
District Directors (Including Foreign)
Chief Patrol Agents
Officers in Charge (Including Foreign)
Chief, ODTF, Glynco, GA
Chief Patrol Agent, BPA, Glynco, GA
Asylum Office Directors
Service Center Directors
Regional Counsel
District Counsel
On September 30, 1996, President Clinton signed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA). All six titles of IIRAIRA have some provisions which are effective immediately and some which become effective in the future. Included in these new provisions are the establishment of new criminal penalties as well as increases in existing criminal penalties. The attached chart highlights these changes affecting the Immigration and Nationality Act (INA), as well as several sections of Title 18, United States Code. Please ensure that all personnel involved in the identification, apprehension and prosecution of aliens are familiar with these changes in criminal penalties. This memo is intended to make you aware of these changes, and to act as a quick reference guide.
Please note that IIRAIRA has renumbered sections of the INA. All references in this memorandum are to the new designations. Refer to the red-lined version of the INA to be sure you are using the proper section of the Act. For reference the attached Appendix details these enhanced criminal statutes with the IIRAIRA amendments in bold face.
Paul W. Virtue
Acting Executive Associate Commissioner.
Attachments