I 

118TH CONGRESS 

2D SESSION H. R. 10415 

To amend the Immigration and Nationality Act to provide that employment 

authorization is only available to aliens who are lawfully present in 

the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 16, 2024 

Mr. ARRINGTON introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Energy 

and Commerce, Ways and Means, Education and the Workforce, Transportation and Infrastructure, and Oversight and Accountability, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Immigration and Nationality Act to provide 

that employment authorization is only available to aliens 

who are lawfully present in the United States, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Tough Love Act’’. 


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1 SEC. 2. RESERVING EMPLOYMENT AUTHORIZATION FOR 

2 LAWFULLY PRESENT ALIENS. 

3 (a) IN GENERAL.—Title I of the Immigration and 

4 Nationality Act (8 U.S.C. 1101 et seq.) is amended by 

5 adding at the end the following: 

6 ‘‘SEC. 107. RESERVING EMPLOYMENT AUTHORIZATION FOR 

7 LAWFULLY PRESENT ALIENS. 

8 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se9 curity shall only authorize any ‘employment authorized’ 

10 endorsement or other appropriate work permit for any 

11 alien who— 

12 ‘‘(1) has been admitted to the United States 

13 and has lawful immigration status in the United 

14 States; 

15 ‘‘(2) entered the United States at a port of 

16 entry; and 

17 ‘‘(3) has not been issued an order of removal 

18 from an immigration judge or been otherwise or19 dered removed from the United States by any other 

20 Federal official. 

21 ‘‘(b) NO WAIVER AUTHORITY.—The Secretary of 

22 Homeland Security shall not have the authority to waive 

23 the limitations established by subsection (a).’’. 

24 (b) LIMITATION ON EMPLOYMENT AUTHORIZATION

25 AUTHORITY.—Section 241(a)(7) of the Immigration and 


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1 Nationality Act (8 U.S.C. 1231(a)(7)) is amended to read 

2 as follows: 

3 ‘‘(7) IN GENERAL.—The Secretary of Homeland 

4 Security shall not authorize any ‘employment au5 thorized’ endorsement or other appropriate work 

6 permit for any alien who— 

7 ‘‘(A) does not have lawful immigration sta8 tus in the United States; 

9 ‘‘(B) has been issued a removal order from 

10 an immigration judge or been otherwise ordered 

11 removed from the United States by any other 

12 Federal official; 

13 ‘‘(C) has not been granted asylum by an 

14 immigration judge; or 

15 ‘‘(D) has had his or her asylum application 

16 denied by an immigration judge. 

17 The Secretary of Homeland Security shall not have 

18 the authority to waive the limitations established 

19 under this paragraph.’’. 

20 (c) NO EMPLOYMENT AUTHORIZATION DOCUMENTA21 TION FOR TRAVEL.—Regardless of immigration status of 

22 an alien, no ‘employment authorized’ endorsement or 

23 other appropriate work permit shall be accepted by the 

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1 rity Administration for the purposes of identification or 

2 travel. 

3 (d) CLERICAL AMENDMENT.—The table of contents 

4 of the Immigration and Nationality Act is amended by in5 serting after the item related to section 107 the following: 

‘‘107. Reserving employment authorization for lawfully present aliens.’’. 

6 SEC. 3. MANDATORY DETENTION FOR ALIENS ORDERED 

7 REMOVED. 

8 Section 241(a) of the Immigration and Nationality 

9 Act (8 U.S.C. 1231(a)) is amended— 

10 (1) in paragraph (1)(C), by striking ‘‘the alien 

11 may remain in detention’’ and inserting ‘‘the alien 

12 shall remain in detention’’; and 

13 (2) by repealing paragraph (3). 

14 SEC. 4. RESTRICTION ON PROVIDING MEDICAL CARE TO 

15 ALIENS WITHOUT LAWFUL IMMIGRATION 

16 STATUS. 

17 (a) IN GENERAL.—Beginning in the first fiscal year 

18 that begins after the date of enactment of this Act, in 

19 order to be eligible for Medicare or Medicaid funding, or 

20 other health care related Federal funding (or any Federal 

21 grant), a State shall— 

22 (1) not provide non-emergency or chronic condi23 tion medical treatment to an alien without lawful 

24 immigration status in the United States; and 


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1 (2) report to Congress, on an annual basis, the 

2 cost of providing emergency medical care to aliens 

3 without lawful immigration status in that State. 

4 (b) IMPACT ON FEDERAL FUNDING.—If a State can5 not demonstrate its compliance with subsection (a) before 

6 the date that is 6 months after the date of enactment of 

7 this Act, the President shall instruct all agency heads to, 

8 within 30 days of the notification by the President, cease 

9 the disbursal of all Federal funding to that State. 

10 (c) STATEMENT REGARDING MEDICAL TREATMENT

11 FOR ALIENS NOT LAWFULLY PRESENT.—Nothing in this 

12 section shall be construed to prohibit or discourage any 

13 type of medical treatment of any alien who is not lawfully 

14 present in the United States, except that such treatment 

15 shall be fully funded by the State that provides such treat16 ment, and no Medicare, Medicaid, or other health care re17 lated Federal funding, or any Federal grant, may be used 

18 for such treatment. 

19 SEC. 5. RESTRICTION ON PROVIDING EDUCATION TO 

20 ALIENS WITHOUT LAWFUL IMMIGRATION 

21 STATUS. 

22 (a) ELEMENTARY AND SECONDARY EDUCATION.— 

23 Beginning in the first fiscal year that begins after the date 

24 of enactment of this Act, in order to be eligible for any 

25 Federal grant that provides any funding for elementary 


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1 or secondary education, a State or local education agency 

2 or school district shall be required to demonstrate that it 

3 does not offer or provide any educational services to any 

4 alien who does not have lawful immigration status in the 

5 United States. 

6 (b) STATE UNDERGRADUATE AND GRADUATE EDU7 CATION.—Beginning in the first fiscal year that begins 

8 after the date of enactment of this Act, in order to be 

9 eligible for any Federal grant that provides any funding 

10 for undergraduate or graduate education or Federal loan 

11 or scholarship support for attending students, a State col12 lege or university shall be required to demonstrate that 

13 it does not offer or provide any educational services to any 

14 alien who does not have lawful immigration status in the 

15 United States. 

16 (c) PRIVATE UNDERGRADUATE AND GRADUATE

17 EDUCATION.—Beginning in the first fiscal year that be18 gins after the date of enactment of this Act, in order to 

19 be eligible for any Federal grant that provides any funding 

20 for undergraduate or graduate education or Federal loan 

21 or scholarship support for attending students, a private 

22 college or university shall be required to demonstrate that 

23 it does not offer or provide any educational services to any 

24 alien who does not have lawful immigration status in the 

25 United States. 


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1 (d) REGULATIONS.—The Secretary of Education, in 

2 consultation with other Federal agencies as needed, shall 

3 prescribe such regulations as may be necessary to carry 

4 out this section, except such regulatory authority shall be 

5 limited to enhancing and improving the Federal Govern6 ment’s ability to implement this section, and may not cre7 ate any limitations on, or waive any of the requirements 

8 of, this section. 

9 (e) REPEAL OF OBSOLETE LANGUAGE.—Section 

10 505(a) of the Illegal Immigration Reform and Immigrant 

11 Responsibility Act of 1996 (8 U.S.C. 1623(a)) is repealed. 

12 SEC. 6. LAWFUL STATUS REQUIRED FOR ISSUANCE OF 

13 DRIVER’S LICENSE. 

14 (a) IN GENERAL.—If a State issues any type of driv15 er’s license to any alien who does not have lawful immigra16 tion status in the United States, the President shall in17 struct all Federal agency heads to, within 30 days of the 

18 notification by the President, cease the disbursal of all 

19 Federal transportation funding to that State. 

20 (b) REGULATIONS.—The Secretary of Homeland Se21 curity, in consultation with other Federal agencies as 

22 needed, shall prescribe such regulations as may be nec23 essary to carry out this section, except such regulatory au24 thority shall be limited to enhancing and improving the 

25 Federal Government’s ability to implement this section, 


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1 and may not create any limitations on, or waive any of 

2 the requirements of, this section. 

3 (c) EFFECTIVE DATE.—The effective date of this sec4 tion will be 180 days after the effective date of this Act. 

5 SEC. 7. AUTHORIZATION AND FUNDING FOR E-VERIFY. 

6 (a) IN GENERAL.—There is authorized to be appro7 priated $120,000,000 for each of fiscal years 2024 

8 through 2028 to carry out the E–Verify employment au9 thorization program established under section 403 of the 

10 Illegal Immigration Reform and Immigration Responsi11 bility Act of 1996 (8 U.S.C. 1324a) (E–Verify). 

12 (b) PREREQUISITE FOR FEDERAL AND STATE

13 GRANT FUNDING.—No individual or entity shall be eligi14 ble for any Federal or State grant funding unless they 

15 are both registered for E–Verify and using E–Verify in 

16 an effective and non-evasive manner. 

17 (c) EFFECTIVE DATE.—The effective date of this sec18 tion will be October 1 of the first fiscal year to commence 

19 after the effective date of this Act. 

20 SEC. 8. VISA OVERSTAY BONDS AND PENALTIES. 

21 (a) NONIMMIGRANT BOND REQUIREMENT.— 

22 (1) IN GENERAL.—An alien seeking lawful pres23 ence in the United States as a nonimmigrant who is 

24 not a national of a Visa Waiver Program participant 

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1 ment of no less than $10,000 and no more than 

2 $25,000 to ensure the alien complies with the dura3 tion of stay authorized by his or her visa. 

4 (2) AUTOMATIC AND NON-APPEALABLE FOR5 FEITURE.—The bond or cash payment required by 

6 this subsection shall be forfeited without the possi7 bility of appeal or review if the alien fails to leave 

8 by the first day after authorized stay by midnight. 

9 (3) OFFSETTING ACCOUNT.—The forfeited bond 

10 or cash payment required by this subsection shall be 

11 deposited in an offsetting account under the jurisdic12 tion of the Secretary of Homeland Security and 

13 called the ‘‘Immigration Detention and Enforcement 

14 Account’’, and the funds deposited in the account 

15 shall be used solely for the purposes of funding alien 

16 detention facilities and international transportation 

17 for aliens being removed from the United States. 

18 (b) IMMIGRATION PENALTY.—A nonimmigrant alien 

19 who remains in the United States after midnight Eastern 

20 time on the first day after the authorized duration of stay 

21 permitted by the nonimmigrant alien’s visa and has his 

22 or her bond or cash payment forfeited as described in sub23 section (a) shall, upon such forfeiture, be forthwith re24 moved from the United States, and subsequently ineligible 

25 for any lawful immigration status or adjustment of status 


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1 for 5 years subsequent to his or her failure to comply with 

2 the duration of stay authorized by his or her visa. 

3 (c) REGULATIONS.— 

4 (1) SECRETARY OF HOMELAND SECURITY.— 

5 The Secretary of Homeland Security shall only be 

6 authorized to engage in rulemaking to develop proce7 dures for collection and retention of bonds and cash 

8 payments and notification to the Attorney General 

9 regarding an alien’s failure to comply with the dura10 tion of stay authorized by his or her visa, and shall 

11 not be authorized to engage in rulemaking to waive 

12 or nullify any of the requirements of this section. 

13 (2) ATTORNEY GENERAL.—The Attorney Gen14 eral shall only be authorized to engage in rule15 making to develop appropriate procedures for enforc16 ing the civil and criminal penalties against aliens 

17 who violate the requirements of this section, and 

18 shall not be authorized to engage in rulemaking to 

19 waive or nullify any of the requirements of this sec20 tion. 

21 (d) EFFECTIVE DATE.—The effective date of this 

22 section shall be 30 days after the date of enactment of 

23 this Act. 


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1 SEC. 9. SUPPORT OF SOVEREIGN STATES’ AUTHORITY AND 

2 DISCRETION TO ENSURE CITIZEN BENEFIT 

3 FROM FEDERAL SPENDING. 

4 (a) IN GENERAL.—Each State shall have the discre5 tion to ensure that any Federal funding provided to the 

6 State shall be provided only to United States citizens and 

7 aliens who are lawfully present in the United States, and 

8 shall be withheld from aliens who are unlawfully present 

9 in the United States in any manner approved by the State. 

10 (b) EFFECTIVE DATE.—This section shall take effect 

11 immediately upon the enactment of this Act. 

12 SEC. 10. CLARIFICATION. 

13 For the purposes of this Act, an alien who has been 

14 paroled into the United States pursuant to section 212(d) 

15 of the Immigration and Nationality Act (8 U.S.C. 

16 1182(d)) is not lawfully present in the United States, and 

17 does not have lawful immigration status in the United 

18 States. 

Æ 


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