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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10415 Introduced in House (IH)]

<DOC>

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tough Love Act''.

SEC. 2. RESERVING EMPLOYMENT AUTHORIZATION FOR LAWFULLY PRESENT ALIENS.

    (a) In General.--Title I of the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended by adding at the end the following:

``SEC. 107. RESERVING EMPLOYMENT AUTHORIZATION FOR LAWFULLY PRESENT 
              ALIENS.

    ``(a) In General.--The Secretary of Homeland Security shall only 
authorize any `employment authorized' endorsement or other appropriate 
work permit for any alien who--
            ``(1) has been admitted to the United States and has lawful 
        immigration status in the United States;
            ``(2) entered the United States at a port of entry; and
            ``(3) has not been issued an order of removal from an 
        immigration judge or been otherwise ordered removed from the 
        United States by any other Federal official.
    ``(b) No Waiver Authority.--The Secretary of Homeland Security 
shall not have the authority to waive the limitations established by 
subsection (a).''.
    (b) Limitation on Employment Authorization Authority.--Section 
241(a)(7) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(7)) 
is amended to read as follows:
            ``(7) In general.--The Secretary of Homeland Security shall 
        not authorize any `employment authorized' endorsement or other 
        appropriate work permit for any alien who--
                    ``(A) does not have lawful immigration status in 
                the United States;
                    ``(B) has been issued a removal order from an 
                immigration judge or been otherwise ordered removed 
                from the United States by any other Federal official;
                    ``(C) has not been granted asylum by an immigration 
                judge; or
                    ``(D) has had his or her asylum application denied 
                by an immigration judge.
        The Secretary of Homeland Security shall not have the authority 
        to waive the limitations established under this paragraph.''.
    (c) No Employment Authorization Documentation for Travel.--
Regardless of immigration status of an alien, no `employment 
authorized' endorsement or other appropriate work permit shall be 
accepted by the Federal Aviation Administration or Transportation 
Security Administration for the purposes of identification or travel.
    (d) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act is amended by inserting after the item related to 
section 107 the following:

``107. Reserving employment authorization for lawfully present 
                            aliens.''.

SEC. 3. MANDATORY DETENTION FOR ALIENS ORDERED REMOVED.

    Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 
1231(a)) is amended--
            (1) in paragraph (1)(C), by striking ``the alien may remain 
        in detention'' and inserting ``the alien shall remain in 
        detention''; and
            (2) by repealing paragraph (3).

SEC. 4. RESTRICTION ON PROVIDING MEDICAL CARE TO ALIENS WITHOUT LAWFUL 
              IMMIGRATION STATUS.

    (a) In General.--Beginning in the first fiscal year that begins 
after the date of enactment of this Act, in order to be eligible for 
Medicare or Medicaid funding, or other health care related Federal 
funding (or any Federal grant), a State shall--
            (1) not provide non-emergency or chronic condition medical 
        treatment to an alien without lawful immigration status in the 
        United States; and
            (2) report to Congress, on an annual basis, the cost of 
        providing emergency medical care to aliens without lawful 
        immigration status in that State.
    (b) Impact on Federal Funding.--If a State cannot demonstrate its 
compliance with subsection (a) before the date that is 6 months after 
the date of enactment of this Act, the President shall instruct all 
agency heads to, within 30 days of the notification by the President, 
cease the disbursal of all Federal funding to that State.
    (c) Statement Regarding Medical Treatment for Aliens Not Lawfully 
Present.--Nothing in this section shall be construed to prohibit or 
discourage any type of medical treatment of any alien who is not 
lawfully present in the United States, except that such treatment shall 
be fully funded by the State that provides such treatment, and no 
Medicare, Medicaid, or other health care related Federal funding, or 
any Federal grant, may be used for such treatment.

SEC. 5. RESTRICTION ON PROVIDING EDUCATION TO ALIENS WITHOUT LAWFUL 
              IMMIGRATION STATUS.

    (a) Elementary and Secondary Education.--Beginning in the first 
fiscal year that begins after the date of enactment of this Act, in 
order to be eligible for any Federal grant that provides any funding 
for elementary or secondary education, a State or local education 
agency or school district shall be required to demonstrate that it does 
not offer or provide any educational services to any alien who does not 
have lawful immigration status in the United States.
    (b) State Undergraduate and Graduate Education.--Beginning in the 
first fiscal year that begins after the date of enactment of this Act, 
in order to be eligible for any Federal grant that provides any funding 
for undergraduate or graduate education or Federal loan or scholarship 
support for attending students, a State college or university shall be 
required to demonstrate that it does not offer or provide any 
educational services to any alien who does not have lawful immigration 
status in the United States.
    (c) Private Undergraduate and Graduate Education.--Beginning in the 
first fiscal year that begins after the date of enactment of this Act, 
in order to be eligible for any Federal grant that provides any funding 
for undergraduate or graduate education or Federal loan or scholarship 
support for attending students, a private college or university shall 
be required to demonstrate that it does not offer or provide any 
educational services to any alien who does not have lawful immigration 
status in the United States.
    (d) Regulations.--The Secretary of Education, in consultation with 
other Federal agencies as needed, shall prescribe such regulations as 
may be necessary to carry out this section, except such regulatory 
authority shall be limited to enhancing and improving the Federal 
Government's ability to implement this section, and may not create any 
limitations on, or waive any of the requirements of, this section.
    (e) Repeal of Obsolete Language.--Section 505(a) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1623(a)) is repealed.

SEC. 6. LAWFUL STATUS REQUIRED FOR ISSUANCE OF DRIVER'S LICENSE.

    (a) In General.--If a State issues any type of driver's license to 
any alien who does not have lawful immigration status in the United 
States, the President shall instruct all Federal agency heads to, 
within 30 days of the notification by the President, cease the 
disbursal of all Federal transportation funding to that State.
    (b) Regulations.--The Secretary of Homeland Security, in 
consultation with other Federal agencies as needed, shall prescribe 
such regulations as may be necessary to carry out this section, except 
such regulatory authority shall be limited to enhancing and improving 
the Federal Government's ability to implement this section, and may not 
create any limitations on, or waive any of the requirements of, this 
section.
    (c) Effective Date.--The effective date of this section will be 180 
days after the effective date of this Act.

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

    (a) In General.--There is authorized to be appropriated 
$120,000,000 for each of fiscal years 2024 through 2028 to carry out 
the E-Verify employment authorization program established under section 
403 of the Illegal Immigration Reform and Immigration Responsibility 
Act of 1996 (8 U.S.C. 1324a) (E-Verify).
    (b) Prerequisite for Federal and State Grant Funding.--No 
individual or entity shall be eligible for any Federal or State grant 
funding unless they are both registered for E-Verify and using E-Verify 
in an effective and non-evasive manner.
    (c) Effective Date.--The effective date of this section will be 
October 1 of the first fiscal year to commence after the effective date 
of this Act.

SEC. 8. VISA OVERSTAY BONDS AND PENALTIES.

    (a) Nonimmigrant Bond Requirement.--
            (1) In general.--An alien seeking lawful presence in the 
        United States as a nonimmigrant who is not a national of a Visa 
        Waiver Program participant country shall be required to pay a 
        bond or cash payment of no less than $10,000 and no more than 
        $25,000 to ensure the alien complies with the duration of stay 
        authorized by his or her visa.
            (2) Automatic and non-appealable forfeiture.--The bond or 
        cash payment required by this subsection shall be forfeited 
        without the possibility of appeal or review if the alien fails 
        to leave by the first day after authorized stay by midnight.
            (3) Offsetting account.--The forfeited bond or cash payment 
        required by this subsection shall be deposited in an offsetting 
        account under the jurisdiction of the Secretary of Homeland 
        Security and called the ``Immigration Detention and Enforcement 
        Account'', and the funds deposited in the account shall be used 
        solely for the purposes of funding alien detention facilities 
        and international transportation for aliens being removed from 
        the United States.
    (b) Immigration Penalty.--A nonimmigrant alien who remains in the 
United States after midnight Eastern time on the first day after the 
authorized duration of stay permitted by the nonimmigrant alien's visa 
and has his or her bond or cash payment forfeited as described in 
subsection (a) shall, upon such forfeiture, be forthwith removed from 
the United States, and subsequently ineligible for any lawful 
immigration status or adjustment of status for 5 years subsequent to 
his or her failure to comply with the duration of stay authorized by 
his or her visa.
    (c) Regulations.--
            (1) Secretary of homeland security.--The Secretary of 
        Homeland Security shall only be authorized to engage in 
        rulemaking to develop procedures for collection and retention 
        of bonds and cash payments and notification to the Attorney 
        General regarding an alien's failure to comply with the 
        duration of stay authorized by his or her visa, and shall not 
        be authorized to engage in rulemaking to waive or nullify any 
        of the requirements of this section.
            (2) Attorney general.--The Attorney General shall only be 
        authorized to engage in rulemaking to develop appropriate 
        procedures for enforcing the civil and criminal penalties 
        against aliens who violate the requirements of this section, 
        and shall not be authorized to engage in rulemaking to waive or 
        nullify any of the requirements of this section.
    (d) Effective Date.--The effective date of this section shall be 30 
days after the date of enactment of this Act.

SEC. 9. SUPPORT OF SOVEREIGN STATES' AUTHORITY AND DISCRETION TO ENSURE 
              CITIZEN BENEFIT FROM FEDERAL SPENDING.

    (a) In General.--Each State shall have the discretion to ensure 
that any Federal funding provided to the State shall be provided only 
to United States citizens and aliens who are lawfully present in the 
United States, and shall be withheld from aliens who are unlawfully 
present in the United States in any manner approved by the State.
    (b) Effective Date.--This section shall take effect immediately 
upon the enactment of this Act.

SEC. 10. CLARIFICATION.

    For the purposes of this Act, an alien who has been paroled into 
the United States pursuant to section 212(d) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)) is not lawfully present in the 
United States, and does not have lawful immigration status in the 
United States.
                                 <all>
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