I 

110TH CONGRESS 

1ST SESSION H. R. 2413 

To amend the Immigration and Nationality Act to provide for an increase 

in border patrol agents and other immigration enforcement activities, 

for a temporary agricultural worker program, and for a program to 

adjust the status of certain qualified long-term residents. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 21, 2007 

Mr. DANIEL E. LUNGREN of California introduced the following bill; which 

was referred to the Committee on the Judiciary, and in addition to the 

Committees on Homeland Security and Education and Labor, 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 

for an increase in border patrol agents and other immigration enforcement activities, for a temporary agricultural worker program, and for a program to adjust the 

status of certain qualified long-term residents. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Border Security and Immigration Reform Act of 2007’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Increase in immigration enforcement activities. 

Sec. 3. Employment eligibility verification. 

Sec. 4. Expedited removal. 

Sec. 5. Nonimmigrant seasonal agricultural program. 

Sec. 6. Lawful status for certain long-term resident aliens. 

3 SEC. 2. INCREASE IN IMMIGRATION ENFORCEMENT ACTIVI4 TIES. 

5 (a) INCREASE IN FULL-TIME, ACTIVE-DUTY BOR6 DER PATROL AGENTS.—In each of the fiscal years 2008 

7 and 2009, the Secretary of Homeland Security shall, sub8 ject to the availability of appropriations for such purpose, 

9 increase by not less than 3,000 the number of positions 

10 for full-time, active-duty Border Patrol agents within the 

11 Department of Homeland Security above the number of 

12 such positions for which funds were allotted for the pre13 ceding fiscal year. 

14 (b) INCREASE IN PERSONNEL FOR WORKPLACE EN15 FORCEMENT.—In each of the fiscal years 2008 and 2009, 

16 the Secretary of Homeland Security shall, subject to the 

17 availability of appropriations for such purpose, increase by 

18 not less than 500 the number of positions for full-time 

19 personnel within the Department of Homeland Security 

20 whose duties directly relate to enforcement of the immi21 gration laws in the workplace above the number of such 


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1 positions for which funds were allotted for the preceding 

2 fiscal year. 

3 (c) SEMI-ANNUAL REPORTS ON USE OF ENFORCE4 MENT AUTHORITY.—The Secretary of Homeland Security 

5 shall submit to the Judiciary Committees of the House 

6 of Representatives and of the Senate a report every 6 

7 months on the Secretary’s use of authority to enforce the 

8 prohibitions against unlawful employment, including the 

9 number of cases in which fines or other penalties are 

10 sought under section 274A of the Immigration and Na11 tionality Act (8 U.S.C. 1324a) and the number of such 

12 cases in which any such fine or other penalty was ob13 tained. 

14 SEC. 3. EMPLOYMENT ELIGIBILITY VERIFICATION. 

15 (a) EMPLOYMENT ELIGIBILITY VERIFICATION SYS16 TEM.— 

17 (1) IN GENERAL.—Subsection (b) of section 

18 274A of the Immigration and Nationality Act (8 

19 U.S.C. 1324a) is amended by adding at the end the 

20 following: 

21 ‘‘(7) EMPLOYMENT ELIGIBILITY VERIFICATION

22 SYSTEM.— 

23 ‘‘(A) IN GENERAL.—The Secretary of 

24 Homeland Security shall establish and admin25 ister a verification system through which the 


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1 Secretary (or a designee of the Secretary, which 

2 may be a nongovernmental entity)— 

3 ‘‘(i) responds to inquiries made by 

4 persons at any time through a toll-free 

5 electronic media concerning an individual’s 

6 identity and whether the individual is au7 thorized to be employed; and 

8 ‘‘(ii) maintains records of the inquir9 ies that were made, of verifications pro10 vided (or not provided), and of the codes 

11 provided to inquirers as evidence of their 

12 compliance with their obligations under 

13 this section. 

14 ‘‘(B) INITIAL RESPONSE.—The verification 

15 system shall provide verification or a tentative 

16 nonverification of an individual’s identity and 

17 employment eligibility within 3 working days of 

18 the initial inquiry. If providing verification or 

19 tentative nonverification, the verification system 

20 shall provide an appropriate code indicating 

21 such verification or such nonverification. 

22 ‘‘(C) SECONDARY VERIFICATION PROCESS

23 IN CASE OF TENTATIVE NONVERIFICATION.—In 

24 cases of tentative nonverification, the Secretary 

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1 sioner of Social Security, an available secondary 

2 verification process to confirm the validity of in3 formation provided and to provide a final 

4 verification or nonverification within 10 working 

5 days after the date of the tentative 

6 nonverification. When final verification or 

7 nonverification is provided, the verification sys8 tem shall provide an appropriate code indicating 

9 such verification or nonverification. 

10 ‘‘(D) DESIGN AND OPERATION OF SYS11 TEM.—The verification system shall be designed 

12 and operated— 

13 ‘‘(i) to maximize its reliability and 

14 ease of use by persons and other entities 

15 consistent with insulating and protecting 

16 the privacy and security of the underlying 

17 information; 

18 ‘‘(ii) to respond to all inquiries made 

19 by such persons and entities on whether 

20 individuals are authorized to be employed 

21 and to register all times when such inquir22 ies are not received; 

23 ‘‘(iii) with appropriate administrative, 

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1 vent unauthorized disclosure of personal 

2 information; and 

3 ‘‘(iv) to have reasonable safeguards 

4 against the system’s resulting in unlawful 

5 discriminatory practices based on national 

6 origin or citizenship status, including— 

7 ‘‘(I) the selective or unauthorized 

8 use of the system to verify eligibility; 

9 ‘‘(II) the use of the system prior 

10 to an offer of employment; or 

11 ‘‘(III) the exclusion of certain in12 dividuals from consideration for em13 ployment as a result of a perceived 

14 likelihood that additional verification 

15 will be required, beyond what is re16 quired for most job applicants. 

17 ‘‘(E) RESPONSIBILITIES OF THE COMMIS18 SIONER OF SOCIAL SECURITY.—As part of the 

19 verification system, the Commissioner of Social 

20 Security, in consultation with the Secretary of 

21 Homeland Security (and any designee of the 

22 Secretary selected to establish and administer 

23 the verification system), shall establish a reli24 able, secure method, which, within the time pe25 riods specified under subparagraphs (B) and 


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1 (C), compares the name and social security ac2 count number provided in an inquiry against 

3 such information maintained by the Commis4 sioner in order to validate (or not validate) the 

5 information provided regarding an individual 

6 whose identity and employment eligibility must 

7 be confirmed, the correspondence of the name 

8 and number, and whether the individual has 

9 presented a social security account number that 

10 is not valid for employment. The Commissioner 

11 shall not disclose or release social security infor12 mation (other than such verification or 

13 nonverification) except as provided for in this 

14 section or section 205(c)(2)(I) of the Social Se15 curity Act. 

16 ‘‘(F) RESPONSIBILITIES OF THE SEC17 RETARY OF HOMELAND SECURITY.—(i) As part 

18 of the verification system, the Secretary of 

19 Homeland Security (in consultation with any 

20 designee of the Secretary selected to establish 

21 and administer the verification system), shall 

22 establish a reliable, secure method, which, with23 in the time periods specified under subpara24 graphs (B) and (C), compares the name and 

25 alien identification or authorization number 


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1 which are provided in an inquiry against such 

2 information maintained by the Secretary in 

3 order to validate (or not validate) the informa4 tion provided, the correspondence of the name 

5 and number, and whether the alien is author6 ized to be employed in the United States. 

7 ‘‘(ii) When a single employer has sub8 mitted to the verification system pursuant to 

9 subparagraph (A) the identical social security 

10 account number in more than one instance, or 

11 when multiple employers have submitted to the 

12 verification system pursuant to such paragraph 

13 the identical social security account number, in 

14 a manner which indicates the possible fraudu15 lent use of that number, the Secretary of 

16 Homeland Security shall conduct an investiga17 tion, within the time periods specified in sub18 paragraphs (B) and (C), in order to ensure that 

19 no fraudulent use of a social security account 

20 number has taken place. If the Secretary has 

21 selected a designee to establish and administer 

22 the verification system, the designee shall notify 

23 the Secretary when a single employer has sub24 mitted to the verification system pursuant to 

25 subparagraph (A) the identical social security 


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1 account number in more than one instance, or 

2 when multiple employers have submitted to the 

3 verification system pursuant to such paragraph 

4 the identical social security account number, in 

5 a manner which indicates the possible fraudu6 lent use of that number. The designee shall also 

7 provide the Secretary with all pertinent infor8 mation, including the name and address of the 

9 employer or employers who submitted the rel10 evant social security account number, the rel11 evant social security account number submitted 

12 by the employer or employers, and the relevant 

13 name and date of birth of the employee sub14 mitted by the employer or employers. 

15 ‘‘(G) UPDATING INFORMATION.—The 

16 Commissioner of Social Security and the Sec17 retary of Homeland Security shall update their 

18 information in a manner that promotes the 

19 maximum accuracy and shall provide a process 

20 for the prompt correction of erroneous informa21 tion, including instances in which it is brought 

22 to their attention in the secondary verification 

23 process described in subparagraph (C). 


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1 ‘‘(H) LIMITATION ON USE OF THE

2 VERIFICATION SYSTEM AND ANY RELATED SYS3 TEMS.— 

4 ‘‘(i) IN GENERAL.—Notwithstanding 

5 any other provision of law, nothing in this 

6 paragraph shall be construed to permit or 

7 allow any department, bureau, or other 

8 agency of the United States Government to 

9 utilize any information, database, or other 

10 records assembled under this paragraph 

11 for any other purpose other than as pro12 vided for. 

13 ‘‘(ii) NO NATIONAL IDENTIFICATION

14 CARD.—Nothing in this paragraph shall be 

15 construed to authorize, directly or indi16 rectly, the issuance or use of national iden17 tification cards or the establishment of a 

18 national identification card. 

19 ‘‘(I) FEDERAL TORT CLAIMS ACT.—If an 

20 individual alleges that the individual would not 

21 have been dismissed from a job but for an error 

22 of the verification mechanism, the individual 

23 may seek compensation only through the mech24 anism of the Federal Tort Claims Act, and in25 junctive relief to correct such error. No class 


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1 action may be brought under this subpara2 graph. 

3 ‘‘(J) PROTECTION FROM LIABILITY FOR

4 ACTIONS TAKEN ON THE BASIS OF INFORMA5 TION.—No person or entity shall be civilly or 

6 criminally liable for any action taken in good 

7 faith reliance on information provided through 

8 the employment eligibility verification mecha9 nism established under this paragraph.’’. 

10 (2) REPEAL OF PROVISION RELATING TO EVAL11 UATIONS AND CHANGES IN EMPLOYMENT

12 VERIFICATION.—Subsection (d) of such section is re13 pealed. 

14 (b) EMPLOYMENT ELIGIBILITY VERIFICATION PROC15 ESS.—Such section is further amended— 

16 (1) in subsection (a)(3), by designating the sen17 tence beginning with ‘‘A person’’ as a subparagraph 

18 (A) with the heading ‘‘IN GENERAL.—’’, and by add19 ing at the end the following: 

20 ‘‘(B) FAILURE TO SEEK AND OBTAIN

21 VERIFICATION.—In the case of a person or enti22 ty in the United States that hires, or continues 

23 to employ, an individual, or recruits or refers 

24 an individual for employment, the following re25 quirements apply: 


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1 ‘‘(i) FAILURE TO SEEK

2 VERIFICATION.— 

3 ‘‘(I) IN GENERAL.—If the person 

4 or entity has not made an inquiry, 

5 under the mechanism established 

6 under subsection (b)(7), seeking 

7 verification of the identity and work 

8 eligibility of the individual, by not 

9 later than the end of 3 working days 

10 (as specified by the Secretary of 

11 Homeland Security) after the date of 

12 the hiring, the date specified in sub13 section (b)(8)(B) for previously hired 

14 individuals, or before the recruiting or 

15 referring commences, the defense 

16 under subparagraph (A) shall not be 

17 considered to apply with respect to 

18 any employment, except as provided in 

19 subclause (II). 

20 ‘‘(II) SPECIAL RULE FOR FAIL21 URE OF VERIFICATION MECHANISM.— 

22 If such a person or entity in good 

23 faith attempts to make an inquiry in 

24 order to qualify for the defense under 

25 subparagraph (A) and the verification 


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1 mechanism has registered that not all 

2 inquiries were responded to during the 

3 relevant time, the person or entity can 

4 make an inquiry until the end of the 

5 first subsequent working day in which 

6 the verification mechanism registers 

7 no nonresponses and qualify for such 

8 defense. 

9 ‘‘(ii) FAILURE TO OBTAIN

10 VERIFICATION.—If the person or entity 

11 has made the inquiry described in clause 

12 (i)(I) but has not received an appropriate 

13 verification of such identity and work eligi14 bility under such mechanism within the 

15 time period specified under subsection 

16 (b)(7)(B) after the time the verification in17 quiry was received, the defense under sub18 paragraph (A) shall not be considered to 

19 apply with respect to any employment after 

20 the end of such time period.’’; 

21 (2) by amending subparagraph (A) of sub22 section (b)(1) to read as follows: 

23 ‘‘(A) IN GENERAL.—The person or entity 

24 must attest, under penalty of perjury and on a 

25 form designated or established by the Secretary 


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1 of Homeland Security by regulation, that it has 

2 verified that the individual is not an unauthor3 ized alien— 

4 ‘‘(i) by obtaining from the individual 

5 the individual’s social security account 

6 number and recording the number on the 

7 form (if the individual claims to have been 

8 issued such a number), and, if the indi9 vidual does not attest to United States citi10 zenship under paragraph (2), obtaining 

11 such identification or authorization number 

12 established by the Department of Home13 land Security for the alien as the Secretary 

14 of Homeland Security may specify, and re15 cording such number on the form; and 

16 ‘‘(ii)(I) by examining a document de17 scribed in subparagraph (B); or 

18 ‘‘(II) by examining a document de19 scribed in subparagraph (C) and a docu20 ment described in subparagraph (D). 

21 A person or entity has complied with the re22 quirement of this paragraph with respect to ex23 amination of a document if the document rea24 sonably appears on its face to be genuine, rea25 sonably appears to pertain to the individual 


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1 whose identity and work eligibility is being 

2 verified, and, if the document bears an expira3 tion date, that expiration date has not elapsed. 

4 If an individual provides a document (or com5 bination of documents) that reasonably appears 

6 on its face to be genuine, reasonably appears to 

7 pertain to the individual whose identity and 

8 work eligibility is being verified, and is suffi9 cient to meet the first sentence of this para10 graph, nothing in this paragraph shall be con11 strued as requiring the person or entity to so12 licit the production of any other document or as 

13 requiring the individual to produce another doc14 ument.’’; 

15 (3) in subsection (b)(1)(D)— 

16 (A) in clause (i), by striking ‘‘or such other 

17 personal identification information relating to 

18 the individual as the Attorney General finds, by 

19 regulation, sufficient for purposes of this sec20 tion’’; and 

21 (B) in clause (ii), by inserting before the 

22 period ‘‘and that contains a photograph of the 

23 individual’’; 

24 (4) in subsection (b)(2), by adding at the end 

25 the following: ‘‘The individual must also provide that 


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1 individual’s social security account number (if the 

2 individual claims to have been issued such a num3 ber), and, if the individual does not attest to United 

4 States citizenship under this paragraph, such identi5 fication or authorization number established by the 

6 Department of Homeland Security for the alien as 

7 the Secretary may specify.’’; and 

8 (5) by amending paragraph (3) of subsection 

9 (b) to read as follows: 

10 ‘‘(3) RETENTION OF VERIFICATION FORM AND

11 VERIFICATION.— 

12 ‘‘(A) IN GENERAL.—After completion of 

13 such form in accordance with paragraphs (1) 

14 and (2), the person or entity must— 

15 ‘‘(i) retain a paper, microfiche, micro16 film, or electronic version of the form and 

17 make it available for inspection by officers 

18 of the Department of Homeland Security, 

19 the Special Counsel for Immigration-Re20 lated Unfair Employment Practices, or the 

21 Department of Labor during a period be22 ginning on the date of the hiring, recruit23 ing, or referral of the individual or the 

24 date of the completion of verification of a 

25 previously hired individual and ending— 


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1 ‘‘(I) in the case of the recruiting 

2 or referral of an individual, three 

3 years after the date of the recruiting 

4 or referral; 

5 ‘‘(II) in the case of the hiring of 

6 an individual, the later of— 

7 ‘‘(aa) three years after the 

8 date of such hiring; or 

9 ‘‘(bb) one year after the 

10 date the individual’s employment 

11 is terminated; and 

12 ‘‘(III) in the case of the 

13 verification of a previously hired indi14 vidual, the later of— 

15 ‘‘(aa) three years after the 

16 date of the completion of 

17 verification; or 

18 ‘‘(bb) one year after the 

19 date the individual’s employment 

20 is terminated; 

21 ‘‘(ii) make an inquiry, as provided in 

22 paragraph (7), using the verification sys23 tem to seek verification of the identity and 

24 employment eligibility of an individual, by 

25 not later than the end of 3 working days 


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1 (as specified by the Secretary of Homeland 

2 Security) after the date of the hiring or in 

3 the case of previously hired individuals, the 

4 date specified in paragraph (8)(B), or be5 fore the recruiting or referring commences; 

6 and 

7 ‘‘(iii) may not commence recruitment 

8 or referral of the individual until the per9 son or entity receives verification under 

10 subparagraph (B)(i) or (B)(iii). 

11 ‘‘(B) VERIFICATION.— 

12 ‘‘(i) VERIFICATION RECEIVED.—If the 

13 person or other entity receives an appro14 priate verification of an individual’s iden15 tity and work eligibility under the 

16 verification system within the time period 

17 specified, the person or entity shall record 

18 on the form an appropriate code that is 

19 provided under the system and that indi20 cates a final verification of such identity 

21 and work eligibility of the individual. 

22 ‘‘(ii) TENTATIVE NONVERIFICATION

23 RECEIVED.—If the person or other entity 

24 receives a tentative nonverification of an 

25 individual’s identity or work eligibility 


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1 under the verification system within the 

2 time period specified, the person or entity 

3 shall so inform the individual for whom the 

4 verification is sought. If the individual does 

5 not contest the nonverification within the 

6 time period specified, the nonverification 

7 shall be considered final. The person or en8 tity shall then record on the form an ap9 propriate code which has been provided 

10 under the system to indicate a tentative 

11 nonverification. If the individual does con12 test the nonverification, the individual shall 

13 utilize the process for secondary 

14 verification provided under paragraph (7). 

15 The nonverification will remain tentative 

16 until a final verification or nonverification 

17 is provided by the verification system with18 in the time period specified. In no case 

19 shall an employer terminate employment of 

20 an individual because of a failure of the in21 dividual to have identity and work eligi22 bility confirmed under this section until a 

23 nonverification becomes final. Nothing in 

24 this clause shall apply to a termination of 


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1 employment for any reason other than be2 cause of such a failure. 

3 ‘‘(iii) FINAL VERIFICATION OR

4 NONVERIFICATION RECEIVED.—If a final 

5 verification or nonverification is provided 

6 by the verification system regarding an in7 dividual, the person or entity shall record 

8 on the form an appropriate code that is 

9 provided under the system and that indi10 cates a verification or nonverification of 

11 identity and work eligibility of the indi12 vidual. 

13 ‘‘(iv) EXTENSION OF TIME.—If the 

14 person or other entity in good faith at15 tempts to make an inquiry during the time 

16 period specified and the verification system 

17 has registered that not all inquiries were 

18 received during such time, the person or 

19 entity may make an inquiry in the first 

20 subsequent working day in which the 

21 verification system registers that it has re22 ceived all inquiries. If the verification sys23 tem cannot receive inquiries at all times 

24 during a day, the person or entity merely 

25 has to assert that the entity attempted to 


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1 make the inquiry on that day for the pre2 vious sentence to apply to such an inquiry, 

3 and does not have to provide any addi4 tional proof concerning such inquiry. 

5 ‘‘(v) CONSEQUENCES OF

6 NONVERIFICATION.— 

7 ‘‘(I) TERMINATION OR NOTIFICA8 TION OF CONTINUED EMPLOYMENT.— 

9 If the person or other entity has re10 ceived a final nonverification regard11 ing an individual, the person or entity 

12 may terminate employment of the in13 dividual (or decline to recruit or refer 

14 the individual). If the person or entity 

15 does not terminate employment of the 

16 individual or proceeds to recruit or 

17 refer the individual, the person or en18 tity shall notify the Secretary of 

19 Homeland Security of such fact 

20 through the verification system or in 

21 such other manner as the Secretary 

22 may specify. 

23 ‘‘(II) FAILURE TO NOTIFY.—If 

24 the person or entity fails to provide 

25 notice with respect to an individual as 


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1 required under subclause (I), the fail2 ure is deemed to constitute a violation 

3 of subsection (a)(1)(A) with respect to 

4 that individual. 

5 ‘‘(vi) CONTINUED EMPLOYMENT

6 AFTER FINAL NONVERIFICATION.—If the 

7 person or other entity continues to employ 

8 (or to recruit or refer) an individual after 

9 receiving final nonverification, a rebuttable 

10 presumption is created that the person or 

11 entity has violated subsection (a)(1)(A).’’. 

12 (c) EXPANSION OF EMPLOYMENT ELIGIBILITY

13 VERIFICATION SYSTEM TO PREVIOUSLY HIRED INDIVID14 UALS AND RECRUITING AND REFERRING.— 

15 (1) APPLICATION TO RECRUITING AND REFER16 RING.—Such section is further amended— 

17 (A) in subsection (a)(1)(A), by striking 

18 ‘‘for a fee’’; 

19 (B) in subsection (a)(1), by amending sub20 paragraph (B) to read as follows: 

21 ‘‘(B) to hire, continue to employ, or to re22 cruit or refer for employment in the United 

23 States an individual without complying with the 

24 requirements of subsection (b).’’; 


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1 (C) in subsection (a)(2) by striking ‘‘after 

2 hiring an alien for employment in accordance 

3 with paragraph (1),’’ and inserting ‘‘after com4 plying with paragraph (1),’’; and 

5 (D) in subsection (a)(3)(A), as amended by 

6 subsection (b)(1), by striking ‘‘hiring,’’ and in7 serting ‘‘hiring, employing,’’ each place it ap8 pears. 

9 (2) EMPLOYMENT ELIGIBILITY VERIFICATION

10 FOR PREVIOUSLY HIRED INDIVIDUALS.—Subsection 

11 (b) of such section, as amended by subsection (a)(1), 

12 is amended by adding at the end the following new 

13 paragraph: 

14 ‘‘(8) USE OF EMPLOYMENT ELIGIBILITY

15 VERIFICATION SYSTEM FOR PREVIOUSLY HIRED IN16 DIVIDUALS.— 

17 ‘‘(A) ON A VOLUNTARY BASIS.—Beginning 

18 on the date that is 2 years after the date of the 

19 enactment of this paragraph and until the date 

20 specified in subparagraph (B)(iii), a person or 

21 entity may make an inquiry, as provided in 

22 paragraph (7), using the verification system to 

23 seek verification of the identity and employment 

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1 son or entity, as long as it is done on a non2 discriminatory basis. 

3 ‘‘(B) ON A MANDATORY BASIS.— 

4 ‘‘(i) IN GENERAL.—A person or entity 

5 described in clause (ii) must make an in6 quiry as provided in paragraph (7), using 

7 the verification system to seek verification 

8 of the identity and employment eligibility 

9 of all individuals employed by the person 

10 or entity who have not been previously sub11 ject to an inquiry by the person or entity 

12 by the date three years after the date of 

13 the enactment of this paragraph. 

14 ‘‘(ii) PERSON OR ENTITY DE15 SCRIBED.—A person or entity is described 

16 in this clause if it is a Federal, State, or 

17 local governmental body (including the 

18 Armed Forces of the United States), or if 

19 it employs individuals working in a location 

20 that is a Federal, State, or local govern21 ment building, a military base, a nuclear 

22 energy site, a weapon site, an airport, or 

23 that contains critical infrastructure (as de24 fined in section 1016(e) of the Critical In25 frastructure Protection Act of 2001 (42 


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1 U.S.C. 5195c(e))), but only to the extent 

2 of such individuals. 

3 ‘‘(iii) OTHER ENTITIES.—All persons 

4 and entities other than those described in 

5 clause (ii) must make an inquiry, as pro6 vided in paragraph (7), using the 

7 verification system to seek verification of 

8 the identity and employment eligibility of 

9 all individuals employed by the person or 

10 entity who have not been previously subject 

11 to an inquiry by the person or entity by 

12 the date six years after the date of the en13 actment of this paragraph.’’. 

14 SEC. 4. EXPEDITED REMOVAL. 

15 (a) IN GENERAL.—Section 235(b)(1)(A)(iii) of the 

16 Immigration and Nationality Act (8 U.S.C. 

17 1225(b)(1)(A)(iii)) is amended— 

18 (1) in subclause (I), by striking ‘‘Attorney Gen19 eral’’ and inserting ‘‘Secretary of Homeland Secu20 rity’’ each place it appears; and 

21 (2) by adding at the end the following new sub22 clause: 

23 ‘‘(III) EXCEPTION.—Notwith24 standing subclauses (I) and (II), the 

25 Secretary of Homeland Security shall 


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1 apply clauses (i) and (ii) of this sub2 paragraph to any alien (other than an 

3 alien described in subparagraph (F)) 

4 who is not a national of a country 

5 contiguous to the United States, who 

6 has not been admitted or paroled into 

7 the United States, and who is appre8 hended within 100 miles of a port or 

9 an international land border of the 

10 United States and within 14 days of 

11 entry.’’. 

12 (b) EXCEPTIONS.—Section 235(b)(1)(F) of the Im13 migration and Nationality Act (8 U.S.C. 1225(b)(1)(F)) 

14 is amended by striking ‘‘who arrives by aircraft at a port 

15 of entry’’ and inserting ‘‘, and who arrives by aircraft at 

16 a port of entry or who is present in the United States 

17 and arrived in any manner at or between a port of entry’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on the date of the enactment 

20 of this Act and shall apply to all aliens apprehended on 

21 or after such date. 

22 SEC. 5. NONIMMIGRANT SEASONAL AGRICULTURAL PRO23 GRAM. 

24 (a) PROVIDING NEW ‘‘W’’ NONIMMIGRANT CLASSI25 FICATION FOR SEASONAL AGRICULTURAL WORKERS.— 


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1 Section 101(a)(15) of the Immigration and Nationality 

2 Act (8 U.S.C. 1101(a)(15)) is amended— 

3 (1) by striking out ‘‘or’’ at the end of subpara4 graph (U); 

5 (2) by striking the period at the end of sub6 paragraph (V) and inserting ‘‘; or’’; and 

7 (3) by adding at the end the following new sub8 paragraph: 

9 ‘‘(W) an alien having a residence in a for10 eign country which the alien has no intention of 

11 abandoning who is coming to the United States 

12 for a period of not longer than 10 consecutive 

13 months to perform services or labor in agricul14 tural employment (as defined to mean any serv15 ice or activity that is considered to be agricul16 tural under section 3(f) of the Fair Labor 

17 Standards Act of 1938 (29 U.S.C. 203(f), or 

18 agricultural labor under section 3121(g) of the 

19 Internal Revenue Code of 1986 (26 U.S.C. 

20 3121(g)).’’. 

21 (b) ESTABLISHMENT OF NONIMMIGRANT SEASONAL

22 AGRICULTURAL WORKER PROGRAM.— 

23 (1) IN GENERAL.—Chapter 2 of title II of such 

24 Act is amended by adding at the end the following 

25 new section: 


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1 ‘‘NONIMMIGRANT SEASONAL AGRICULTURAL WORKER

2 PROGRAM

3 ‘‘SEC. 220. (a) ESTABLISHMENT OF PROGRAM.— 

4 ‘‘(1) IN GENERAL.—The Secretary of Agri5 culture, in consultation with the Secretary of Labor, 

6 shall by regulation establish a program (in this sec7 tion referred to as the ‘program’) for the admission 

8 into the United States of nonimmigrants described 

9 in section 101(a)(15)(W) (in this section referred to 

10 as a ‘seasonal agricultural worker’). 

11 ‘‘(2) COMPONENTS OF PROGRAM.—The pro12 gram shall include the imposition of monthly and 

13 annual numerical limitations, established under sub14 section (c), on the issuance of nonimmigrant visas 

15 for seasonal agricultural worker by agricultural em16 ployment region. These visas shall be made available 

17 subject to such limitations to such workers in ac18 cordance with the preference system established 

19 under subsection (d). 

20 ‘‘(3) FREEDOM TO BE EMPLOYED WITHIN AGRI21 CULTURAL EMPLOYMENT REGIONS.—Except as pro22 vided under subsection (e), such a nonimmigrant 

23 visa shall not limit the geographical area (other than 

24 by regions established under paragraph (4)) within 

25 which an alien may be employed or limit the type of 


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1 agricultural employment, within the production of 

2 agricultural commodities, the alien may perform. 

3 ‘‘(4) DESIGNATION OF AGRICULTURAL EMPLOY4 MENT REGIONS.—For purposes of administering the 

5 program, the Secretary of Agriculture shall des6 ignate not more than 10 agricultural employment re7 gions within the United States. 

8 ‘‘(b) APPLICATION FOR WORKERS.— 

9 ‘‘(1) IN GENERAL.—Each person who employs 

10 individuals to perform agricultural employment (in11 cluding an association of such persons and a person 

12 who contracts for the performance of seasonal agri13 cultural work) in the production of agricultural com14 modities may submit to the Secretary of Agriculture, 

15 at such time and in such manner as the Secretary 

16 specifies, an application for seasonal agricultural 

17 workers. 

18 ‘‘(2) INFORMATION REQUIRED.—The applica19 tion must specify, for each month concerned and for 

20 the agricultural employment region in which the per21 son is located— 

22 ‘‘(A) the total number and qualifications of 

23 seasonal agricultural workers required in the 

24 production of agricultural commodities in each 

25 month; and 


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1 ‘‘(B) the type of agricultural work required 

2 to be performed by these workers. 

3 ‘‘(3) OPTIONAL INFORMATION ON ALIENS PRE4 FERRED.—The person may also include a statement 

5 indicating a preference as to country of nationality 

6 of aliens (or names of particular aliens) desired to 

7 perform labor in any such month. 

8 ‘‘(c) DETERMINATION OF QUOTA BY AGRICULTURAL

9 REGION AND MONTH.— 

10 ‘‘(1) IN GENERAL.—Based upon such applica11 tions, taking into consideration the historical em12 ployment needs of agricultural employers and the 

13 availability of domestic agricultural labor, and after 

14 consultation with the Secretary of Labor, the Sec15 retary of Agriculture shall establish a numerical lim16 itation, by month and by agricultural employment 

17 region, on the issuance of nonimmigrant visas to 

18 seasonal agricultural workers. 

19 ‘‘(2) APPLICATION FOR AN INCREASE WHERE

20 EXTRAORDINARY AND UNUSUAL CIRCUMSTANCES.— 

21 ‘‘(A) IN GENERAL.—If an agricultural em22 ployer (or association or representative thereof) 

23 establishes that extraordinary and unusual cir24 cumstances have resulted in a significant 

25 change— 


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1 ‘‘(i) in the employer’s need for sea2 sonal agricultural workers specified in the 

3 application; or 

4 ‘‘(ii) in the availability of domestic 

5 workers who are able, willing, and qualified 

6 to perform seasonal agricultural employ7 ment, 

8 the employer may apply to the Secretary of Ag9 riculture (in such form and manner as the Sec10 retary shall provide) for an increase in the nu11 merical limitations otherwise established under 

12 paragraph (1) to accommodate such emergency 

13 need.. 

14 ‘‘(B) TIMELY DETERMINATION ON APPLI15 CATION.—The Secretary of Agriculture shall 

16 make a determination on an application under 

17 subparagraph (A) within 72 hours of the date 

18 the application is completed. 

19 ‘‘(C) INCREASE IN QUOTA.—To the extent 

20 the application is approved, the Secretary of 

21 Agriculture shall provide for an appropriate in22 crease in the appropriate numerical limitation. 

23 ‘‘(d) ALLOCATION OF VISAS.— 

24 ‘‘(1) PREFERENCE SYSTEM.—Seasonal agricul25 tural workers who are subject to the numerical limiVerDate Aug 31 2005 22:01 May 29, 2007 Jkt 059196 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H2413.IH H2413

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1 tations specified in subsection (c) shall be allotted 

2 nonimmigrant visas as follows: 

3 ‘‘(A) IDENTIFIED WORKERS.—Visas shall 

4 first be made available to qualified seasonal ag5 ricultural workers specifically identified in peti6 tions submitted under subsection (b)(3). 

7 ‘‘(B) PREVIOUSLY EMPLOYED WORKERS.— 

8 Visas shall next be made available to qualified 

9 seasonal agricultural workers who have pre10 viously been employed in seasonal agricultural 

11 employment in the United States, providing pri12 ority in consideration among such workers in 

13 the order of the length of time in which they 

14 were so employed. 

15 ‘‘(C) ORDER IN WHICH APPLIED.—The re16 maining visas shall be made available to other 

17 qualified seasonal agricultural workers strictly 

18 in the chronological order in which they qualify. 

19 Waiting lists of applicants shall be maintained 

20 in accordance with regulations prescribed by the 

21 Secretary of State. 

22 ‘‘(2) TREATMENT OF SPOUSE AND CHIL23 DREN.—A spouse or child of such a worker is not 

24 entitled to a visa or such status by virtue of such 

25 relationship, but may be provided the same status as 


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1 such a worker if the spouse or child also is a quali2 fied seasonal agricultural worker to perform seasonal 

3 agricultural employment. 

4 ‘‘(e) STANDARDS FOR APPROVAL OF APPLICA5 TIONS.— 

6 ‘‘(1) IN GENERAL.—The Secretary of Agri7 culture shall approve an application submitted under 

8 subsection (b)(1) authorizing a person to employ a 

9 seasonal agricultural worker if— 

10 ‘‘(A) the person is a producer, and the 

11 worker is to be employed in seasonal agricul12 tural work; 

13 ‘‘(B) the application complies with the pro14 visions of such subsection and the application 

15 sets forth the need for such workers; 

16 ‘‘(C) the person has not employed or peti17 tioned for a nonimmigrant described in section 

18 101(a)(15)(H)(ii)(a) at the time when an appli19 cation on behalf of the person is pending or ap20 proved under this subsection, or during any 

21 previous period during which the employer had 

22 an application approved under this section; and 

23 ‘‘(D) the person is not disqualified under 

24 subsection (f). 


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1 ‘‘(2) REVIEW OF CERTAIN DENIALS.—Except as 

2 provided under subsection (f), a person who is deter3 mined not to be eligible under paragraph (1) (other 

4 than because of subparagraph (D) thereof) is enti5 tled to an expedited review of the determination by 

6 the Secretary of Agriculture. 

7 ‘‘(3) CIVIL PENALTIES FOR UNLAWFUL EM8 PLOYMENT OF SEASONAL AGRICULTURAL WORK9 ERS.— 

10 ‘‘(A) IN GENERAL.—It is unlawful for a 

11 person or other entity to hire, or recruit or 

12 refer, for employment in the United States a 

13 seasonal agricultural worker unless the person 

14 or entity has an application approved under 

15 paragraph (1) with respect to the hiring of the 

16 worker. 

17 ‘‘(B) CIVIL PENALTY.—A person or entity 

18 that violates subparagraph (A) shall be subject 

19 to an order described in section 274A(e)(4). in20 cluding the imposition of a civil money penalty, 

21 in the same manner as such section applies to 

22 a violation described in section 274A(a)(2). 

23 ‘‘(f) OBLIGATIONS UNDER PROGRAM.—Any person 

24 whose application to employ a seasonal agricultural worker 

25 has been approved shall provide as follows: 


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1 ‘‘(1) NO DISPLACEMENT OF UNITED STATES

2 WORKERS.—The employer did not displace and will 

3 not displace a United States worker employed by the 

4 employer during the period of employment and for 

5 a period of 30 days preceding the period of employ6 ment in the occupation at the place of employment 

7 for which the employer seeks to employ non8 immigrant agricultural workers. 

9 ‘‘(2) OFFERS TO UNITED STATES WORKERS.— 

10 The employer shall offer the job to any eligible 

11 United States worker who applies and is equally or 

12 better qualified for the job for which the non13 immigrant is, or the nonimmigrants are sought, and 

14 will be available at the time and place of need. 

15 ‘‘(3) USE OF HOUSING ALLOWANCE.—An em16 ployer shall offer to provide housing at no cost to all 

17 workers for which the employer has applied under 

18 the program and to all other workers in the same oc19 cupation at the place of employment, whose place of 

20 residence is beyond normal commuting distance. The 

21 employer may comply with this requirement respect22 ing the furnishing of housing for such employee by 

23 providing a reasonable housing allowance instead of 

24 offering housing. Upon the request of a worker seek25 ing assistance in locating housing, the employer shall 


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1 make a good faith effort to assist the worker in 

2 identifying and locating housing in the area of in3 tended employment. An employer who offers a hous4 ing allowance to a worker, or assists a worker in lo5 cating housing which the worker occupies, pursuant 

6 to this clause shall not be deemed a housing provider 

7 under section 203 of the Migrant and Seasonal Agri8 cultural worker Protection Act (29 U.S.C. 1823) 

9 solely by providing such housing allowance. No hous10 ing allowance may be used for housing which is 

11 owned or controlled by the employer. 

12 ‘‘(4) WORKERS’ COMPENSATION.—The person 

13 shall provide (if the employment is not covered by 

14 State workers’ compensation law), at no cost to the 

15 worker, insurance covering injury and disease aris16 ing out of and in the course of the workers employ17 ment which will provide benefits at least equal to 

18 those provided under the State workers’ compensa19 tion law for comparable employment. 

20 ‘‘(5) LABOR DISPUTE.—The person shall not 

21 employ a seasonal agricultural worker for a specific 

22 job opportunity for which the employer is requesting 

23 a seasonal agricultural worker because the former 

24 occupant of the job is on strike or being locked out 

25 in the course of a labor dispute. 


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1 ‘‘(6) NOT USE FOR NONAGRICULTURAL SERV2 ICES.—The person shall not employ a seasonal agri3 cultural worker for services other than seasonal agri4 cultural services. 

5 ‘‘(7) DISQUALIFICATION FOR VIOLATIONS.—If 

6 the Secretary of Agriculture determines, after oppor7 tunity for a hearing, that an employer has partici8 pated under the program and has violated a provi9 sion of paragraph (1) or any other provision of this 

10 Act, the employer shall be disqualified from future 

11 participation in the program for a period of not 

12 longer than three years. 

13 ‘‘(g) ENTRY OF WORKERS.— 

14 ‘‘(1) IN GENERAL.—An alien may not be admit15 ted to the United States as a seasonal agricultural 

16 worker during the five-year period beginning on the 

17 most recent date (if any) on which the alien violated 

18 a term or condition of a previous admission as such 

19 a worker or who enters the United States unlawfully 

20 after the date the program first takes effect. 

21 ‘‘(2) MONITORING.—The Secretary of Agri22 culture, in consultation with the Secretary of Labor, 

23 shall monitor terms and conditions under which sea24 sonal agricultural workers (and domestic workers 


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1 employed by the same employers) are employed in 

2 the United States. 

3 ‘‘(h) TRUST FUND FOR PROGRAM.— 

4 ‘‘(1) ESTABLISHMENT.—The Secretary of Agri5 culture shall establish by regulation a trust fund the 

6 purpose of which is to provide funds for the adminis7 tration and enforcement of the program and to pro8 vide a monetary incentive for seasonal agricultural 

9 workers to return to their country of origin upon ex10 piration of their visas under the program. The Sec11 retary of Agriculture in consultation with the Sec12 retary of the Treasury shall promulgate such other 

13 regulations as may be necessary to carry out this 

14 subsection. 

15 ‘‘(2) PAYMENT OF FICA AND FUTA AMOUNTS

16 INTO TRUST FUND.—In the case of employment of 

17 a seasonal agricultural worker— 

18 ‘‘(A) the employer shall provide for pay19 ment into the trust fund established under this 

20 subsection of the sum of— 

21 ‘‘(i) an amount equivalent to the 

22 amount of excise taxes which the employer 

23 would pay under the Federal Insurance 

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1 ployment if it were considered employment 

2 for the purpose of such Act; and 

3 ‘‘(ii) an amount equivalent to (and in 

4 lieu of) the amount of excise taxes which 

5 the employer would otherwise pay under 

6 the Federal Unemployment Tax Act with 

7 respect to such employment; and 

8 ‘‘(B) there shall be deducted from the 

9 wages of the worker and paid into such trust 

10 fund an amount equivalent to the amount of ex11 cise taxes that the employee would pay under 

12 the Federal Insurance Contributions Act with 

13 respect to such employment if it were consid14 ered employment for the purposes of such Act. 

15 ‘‘(3) EXPENDITURES FROM TRUST FUND.— 

16 ‘‘(A) USE OF EMPLOYER CONTRIBUTIONS

17 FOR ADMINISTRATION.—Amounts described in 

18 paragraph (2)(A) paid into the trust fund shall 

19 be used for the purpose of administering and 

20 enforcing the program. 

21 ‘‘(B) REPAYMENT OF EMPLOYEE CON22 TRIBUTIONS UPON RETURN TO COUNTRY OF

23 ORIGIN.—Amounts described in paragraph 

24 (2)(B) paid into the trust fund with respect to 

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1 cation by the worker at the United States con2 sulate nearest the worker’s residence in the 

3 country of origin, be paid to the worker if the 

4 worker demonstrates the compliance of the 

5 worker with the terms and conditions of the 

6 program. 

7 ‘‘(i) SEMIANNUAL REPORTS TO CONGRESS.—The 

8 Secretary of Agriculture in consultation with the Secretary 

9 of Labor, shall report to Congress semiannually regarding 

10 the program. Each such report shall include a statement 

11 of the number of nonimmigrant visas issued under the 

12 program, an evaluation of the effectiveness of the pro13 gram, a description of any problems related to the enforce14 ment of the program, and any recommendations for legis15 lation relating to the program. 

16 ‘‘(j) MISCELLANEOUS PROVISIONS.— 

17 ‘‘(1) DISQUALIFICATION OF SEASONAL AGRI18 CULTURAL WORKERS FROM FINANCIAL ASSIST19 ANCE.—An alien admitted as a seasonal agricultural 

20 worker is not eligible for any program of financial 

21 assistance under Federal law (whether through 

22 grant, loan, guarantee, or otherwise) on the basis of 

23 financial need, as such programs are identified by 

24 the Secretary of Agriculture in consultation with 


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1 other appropriate heads of the various departments 

2 and agencies of Government. 

3 ‘‘(2) EXPANSION OF CONSULATES.—The Sec4 retary of State is authorized to take such steps as 

5 may be necessary in order to expand and establish 

6 consulates in foreign countries in which aliens are 

7 likely to apply to become seasonal agricultural work8 ers under the program. 

9 ‘‘(3) PREEMPTION.—The provisions of this sec10 tion preempt any State or local law on the same sub11 ject.’’. 

12 (2) CLERICAL AMENDMENT.—The table of con13 tents of such Act is amended by inserting after the 

14 item relating to section 219 the following new item: 

‘‘Sec. 220. Nonimmigrant seasonal agricultural program.’’. 

15 (c) SENSE OF CONGRESS CONCERNING BILATERAL

16 ADVISORY COMMISSIONS.—It is the sense of Congress 

17 that the President should negotiate with representatives 

18 of the governments of labor source countries to establish 

19 bilateral advisory commissions in order to consult with and 

20 advise the Secretary of Agriculture and the Secretary of 

21 State regarding— 

22 (1) the regulations to be promulgated; 

23 (2) the monthly and annual numerical limita24 tions to be established 


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1 (3) the entry, and preference, and visa issuance 

2 systems to be established; and 

3 (4) problems arising under the program estab4 lished; 

5 under section 220 of the Immigration and Nationality Act, 

6 as added by subsection (a). 

7 (d) IMMIGRATION AMENDMENTS PROHIBITING AD8 JUSTMENT OF STATUS OF SEASONAL AGRICULTURAL

9 WORKERS.— 

10 (1) The first sentence of section 204(a)(1)(F) 

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

12 1154(a)(1)(F)) is amended by inserting before the 

13 period the following: ‘‘, except that no petition for a 

14 preference immigrant under section 203(b) may be 

15 filed respecting an alien who is a nonimmigrant de16 scribed in section 101(a)(15)(W)’’. 

17 (2) Section 237(a)(1)(C) of such Act (8 U.S.C. 

18 1227(a)(1)(C)) is amended by adding at the end the 

19 following new clause: 

20 ‘‘(iii) SEASONAL AGRICULTURAL

21 WORKERS.—An alien who is admitted as a 

22 nonimmigrant under section 

23 101(a)(15)(W) who fails to be continuously 

24 employed or actively seeking employment 

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1 ance with the usual customary employment 

2 patterns and practices is deportable.’’. 

3 (3) PROHIBITION OF ADJUSTMENT OR CHANGE

4 OF STATUS.— 

5 (A) IMMIGRANT STATUS.—Section 

6 245(b)(5) of such Act (8 U.S.C. 1255(b)(5)) is 

7 amended by inserting ‘‘or section 

8 101(a)(15)(W)’’ after ‘‘section 101(a)(15)(S)’’. 

9 (B) NONIMMIGRANT STATUS.—Section 

10 248(1) of such Act (8 U.S.C. 1258(1)) is 

11 amended by striking ‘‘or (S)’’ and inserting 

12 ‘‘(S), or (W)’’. 

13 (4) PROHIBITION OF COUNTING OF PERIOD OF

14 TIME AS A SEASONAL AGRICULTURAL WORKER FOR

15 PURPOSES OF CANCELLATION OF REMOVAL.—Sec16 tion 240A(d) of such Act (8 U.S.C. 1229b(d)) is 

17 amended by adding at the end the following new 

18 paragraph: 

19 ‘‘(4) TREATMENT OF SEASONAL AGRICULTURAL

20 WORKERS.—No period of time in which an alien is 

21 residing or present in the United States as a sea22 sonal agricultural worker under section 

23 101(a)(15)(W) shall be taken into account for pur24 poses of this section.’’. 


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1 SEC. 6. LAWFUL STATUS FOR CERTAIN LONG-TERM RESI2 DENT ALIENS. 

3 (a) IN GENERAL.—Chapter 5 of title II of the Immi4 gration and Nationality Act is amended by inserting after 

5 section 245A the following new section: 

6 ‘‘LAWFUL STATUS FOR CERTAIN LONG-TERM RESIDENT

7 ALIENS

8 ‘‘SEC. 245B. (a) LAWFUL STATUS.—The Secretary 

9 of Homeland Security shall adjust the status of an alien 

10 to that of an alien lawfully admitted to the United States 

11 if the alien meets the following requirements: 

12 ‘‘(1) TIMELY APPLICATION.— 

13 ‘‘(A) DURING APPLICATION PERIOD.—Ex14 cept as provided in subparagraph (B), the alien 

15 must apply for such adjustment during the 12- 

16 month period beginning on a date (not later 

17 than 180 days after the date of enactment of 

18 this section) designated by the Secretary. 

19 ‘‘(B) APPLICATION WITHIN 30 DAYS OF

20 NOTICE TO APPEAR.—An alien who, at any time 

21 during the first 11 months of the 12-month pe22 riod described in subparagraph (A), is the sub23 ject of a notice to appear issued under section 

24 239, must make application under this section 

25 not later than the end of the 30-day period be26 ginning either on the first day of such 12- 


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1 month period or on the date of the issuance of 

2 such notice, whichever day is later. 

3 ‘‘(C) INFORMATION INCLUDED IN APPLICA4 TION.—Each application under this subsection 

5 shall contain such information as the Secretary 

6 of Homeland Security may require. 

7 ‘‘(2) CONTINUOUS UNLAWFUL RESIDENCE

8 SINCE JANUARY 1, 2002.— 

9 ‘‘(A) IN GENERAL.—The alien must estab10 lish that the alien entered the United States be11 fore January 1, 2002, and that he has resided 

12 continuously in the United States in an unlaw13 ful status since such date and through the date 

14 the application is filed under this subsection. 

15 ‘‘(B) NONIMMIGRANTS.—In the case of an 

16 alien who entered the United States as a non17 immigrant before January 1, 2002, the alien 

18 must establish that the alien’s period of author19 ized stay as a nonimmigrant expired before 

20 such date through the passage of time or the 

21 alien’s unlawful status was known to the Gov22 ernment as of such date. 

23 ‘‘(C) EXCHANGE VISITORS.—If the alien 

24 was at any time a nonimmigrant exchange alien 

25 (as defined in section 101(a)(15)(J)), the alien 


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1 must establish that the alien was not subject to 

2 the two-year foreign residence requirement of 

3 section 212(e) or has fulfilled that requirement 

4 or received a waiver thereof. 

5 ‘‘(3) CONTINUOUS PHYSICAL PRESENCE SINCE

6 ENACTMENT.— 

7 ‘‘(A) IN GENERAL.—The alien must estab8 lish that the alien has been continuously phys9 ically present in the United States since the 

10 date of the enactment of this section. 

11 ‘‘(B) TREATMENT OF BRIEF, CASUAL, AND

12 INNOCENT ABSENCES.—An alien shall not be 

13 considered to have failed to maintained contin14 uous physical presence in the United States for 

15 purposes of subparagraph (A) by virtue of brief, 

16 casual, and innocent absences from the United 

17 States. 

18 ‘‘(C) ADMISSIONS.—Nothing in this section 

19 shall be construed as authorizing an alien to 

20 apply for admission to, or to be admitted to, the 

21 United States in order to apply for adjustment 

22 of status under this subsection. 

23 ‘‘(4) ADMISSIBLE AS IMMIGRANT.—The alien 

24 must establish that the alien— 


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1 ‘‘(A) is admissible to the United States as 

2 an immigrant, except as otherwise provided 

3 under subsection (d), 

4 ‘‘(B) has not been convicted of any felony 

5 or of two or more misdemeanors committed in 

6 the United States, and 

7 ‘‘(C) has not assisted in the persecution of 

8 any person or persons on account of race, reli9 gion, nationality, membership in a particular 

10 social group, or political opinion. 

11 ‘‘(5) BASIC CITIZENSHIP SKILLS.— 

12 ‘‘(A) IN GENERAL.—The alien must dem13 onstrate that the alien either— 

14 ‘‘(i) meets the requirements of section 

15 312(a) (relating to minimal understanding 

16 of ordinary English and a knowledge and 

17 understanding of the history and govern18 ment of the United States), or 

19 ‘‘(ii) is satisfactorily pursuing a 

20 course of study (recognized by the Sec21 retary of Homeland Security) to achieve 

22 such an understanding of English and 

23 such a knowledge and understanding of the 

24 history and government of the United 

25 States. 


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1 ‘‘(B) EXCEPTION FOR ELDERLY OR DE2 VELOPMENTALLY DISABLED INDIVIDUALS.— 

3 The Secretary of Homeland Security may, in 

4 his discretion, waive all or part of the require5 ments of subparagraph (A) in the case of an 

6 alien who is 65 years of age or older or who is 

7 developmentally disabled. 

8 ‘‘(6) PAYMENT OF FINE.—The alien must pay 

9 to the Secretary of Homeland Security a fine in the 

10 amount of $1,000. 

11 ‘‘(b) NATURE OF LAWFUL STATUS.— 

12 ‘‘(1) NOT LAWFUL PERMANENT RESIDENT STA13 TUS AND INELIGIBLE TO ADJUST UNDER SECTION

14 245, BUT ELIGIBLE TO SEE LPR STATUS OTHER15 WISE.—An alien provided lawful status under sub16 section (a)— 

17 ‘‘(A) shall not be considered to be an alien 

18 lawfully admitted for permanent residence; 

19 ‘‘(B) is not eligible to adjust status under 

20 section 245; and 

21 ‘‘(C) may seek to obtain lawful permanent 

22 resident status under other provisions of law, 

23 such as by qualifying for an immigrant visa 

24 through a consular office abroad under the reg25 ular immigration process. 


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1 ‘‘(2) TERMINATION OF LAWFUL STATUS.—The 

2 Secretary of Homeland Security shall provide for 

3 termination of lawful status granted an alien under 

4 subsection (a)— 

5 ‘‘(A) if it appears to the Secretary of 

6 Homeland Security that the alien was in fact 

7 not eligible for such status; 

8 ‘‘(B) if the alien commits an act that (i) 

9 makes the alien inadmissible to the United 

10 States as an immigrant, except as otherwise 

11 provided under subsection (d)(2), or (ii) is con12 victed of any felony or two or more mis13 demeanors committed in the United States; or 

14 ‘‘(C) if and when such alien obtains lawful 

15 permanent resident status under law. 

16 ‘‘(3) AUTHORIZED TRAVEL AND EMPLOYMENT

17 DURING LAWFUL STATUS.—During the period an 

18 alien is in lawful status granted under subsection 

19 (a)— 

20 ‘‘(A) AUTHORIZATION OF TRAVEL

21 ABROAD.—The Secretary of Homeland Security 

22 shall, in accordance with regulations, permit the 

23 alien to return to the United States after such 

24 brief and casual trips abroad as reflect an in25 tention on the part of the alien not to relinquish 


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1 lawful status and after brief temporary trips 

2 abroad occasioned by a family obligation involv3 ing an occurrence such as the illness or death 

4 of a close relative or other family need. 

5 ‘‘(B) AUTHORIZATION OF EMPLOYMENT.— 

6 The Secretary of Homeland Security shall grant 

7 the alien authorization to engage in employment 

8 in the United States and provide to that alien 

9 an ‘employment authorized’ endorsement or 

10 other appropriate work permit. 

11 ‘‘(4) NO DERIVATIVE TREATMENT OF REL12 ATIVES.—A spouse, child, or other relative of an 

13 alien who obtains lawful status under subsection (a) 

14 is not entitled to such status by virtue of such rela15 tionship, but may be provided the same status as 

16 such an alien if the spouse, child, or other relative 

17 also qualifies under such subsection for such lawful 

18 status. 

19 ‘‘(c) APPLICATIONS FOR ADJUSTMENT TO LAWFUL

20 STATUS.— 

21 ‘‘(1) TO WHOM MAY BE MADE.—The Secretary 

22 of Homeland Security shall provide that applications 

23 for adjustment of status under subsection (a) shall 

24 be filed with the Secretary. 

25 ‘‘(2) CONFIDENTIALITY OF INFORMATION.— 


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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 this paragraph, neither the Secretary of Home3 land Security, nor any other official or em4 ployee of the Department of Justice, or bureau 

5 or agency thereof, may— 

6 ‘‘(i) use the information furnished by 

7 the applicant pursuant to an application 

8 filed under this section for any purpose 

9 other than to make a determination on the 

10 application or for enforcement of para11 graph (3); 

12 ‘‘(ii) make any publication whereby 

13 the information furnished by any par14 ticular applicant can be identified; or 

15 ‘‘(iii) permit anyone other than the 

16 sworn officers and employees of the De17 partment or bureau or agency or, with re18 spect to applications filed with a des19 ignated entity, that designated entity, to 

20 examine individual applications. 

21 ‘‘(B) REQUIRED DISCLOSURES.—The Sec22 retary of Homeland Security shall provide the 

23 information furnished under this section, and 

24 any other information derived from such fur25 nished information, to a duly recognized law enVerDate Aug 31 2005 22:01 May 29, 2007 Jkt 059196 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H2413.IH H2413

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1 forcement entity in connection with a criminal 

2 investigation or prosecution, when such infor3 mation is requested in writing by such entity, 

4 or to an official coroner for purposes of affirm5 atively identifying a deceased individual (wheth6 er or not such individual is deceased as a result 

7 of a crime). 

8 ‘‘(C) AUTHORIZED DISCLOSURES.—The 

9 Secretary of Homeland Security may provide, in 

10 the Secretary of Homeland Security’s discre11 tion, for the furnishing of information furnished 

12 under this section in the same manner and cir13 cumstances as census information may be dis14 closed by the Secretary of Commerce under sec15 tion 8 of title 13, United States Code. 

16 ‘‘(D) CONSTRUCTION.— 

17 ‘‘(i) IN GENERAL.—Nothing in this 

18 paragraph shall be construed to limit the 

19 use, or release, for immigration enforce20 ment purposes or law enforcement pur21 poses of information contained in files or 

22 records of the Department of Homeland 

23 Security pertaining to an application filed 

24 under this section, other than information 

25 furnished by an applicant pursuant to the 


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1 application, or any other information de2 rived from the application, that is not 

3 available from any other source. 

4 ‘‘(ii) CRIMINAL CONVICTIONS.—Infor5 mation concerning whether the applicant 

6 has at any time been convicted of a crime 

7 may be used or released for immigration 

8 enforcement or law enforcement purposes. 

9 ‘‘(E) CRIME.—Whoever knowingly uses, 

10 publishes, or permits information to be exam11 ined in violation of this paragraph shall be fined 

12 not more than $10,000. 

13 ‘‘(3) PENALTIES FOR FALSE STATEMENTS IN

14 APPLICATIONS.—Whoever files an application for ad15 justment of status under this section and knowingly 

16 and willfully falsifies, misrepresents, conceals, or 

17 covers up a material fact or makes any false, ficti18 tious, or fraudulent statements or representations, 

19 or makes or uses any false writing or document 

20 knowing the same to contain any false, fictitious, or 

21 fraudulent statement or entry, shall be ineligible for 

22 adjustment of status under this section and shall be 

23 fined in accordance with title 18, United States 

24 Code, or imprisoned not more than five years, or 

25 both. 


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1 ‘‘(4) APPLICATION FEES.— 

2 ‘‘(A) FEE SCHEDULE.—The Secretary of 

3 Homeland Security shall provide for a schedule 

4 of fees to be charged for the filing of applica5 tions for adjustment under subsection (a). 

6 ‘‘(B) USE OF FEES.—The Secretary of 

7 Homeland Security shall deposit payments re8 ceived under this paragraph in a separate ac9 count and amounts in such account shall be 

10 available, without fiscal year limitation, to cover 

11 administrative and other expenses incurred in 

12 connection with the review of applications filed 

13 under this section. 

14 ‘‘(d) WAIVER OF CERTAIN GROUNDS FOR EXCLU15 SION.—In the determination of an alien’s admissibility 

16 under subsection (a)(4)(A), the provisions of paragraphs 

17 (5), (6)(A), and (7)(A) of section 212(a) shall not apply. 

18 ‘‘(e) TEMPORARY STAY OF DEPORTATION AND WORK

19 AUTHORIZATION FOR CERTAIN APPLICANTS.— 

20 ‘‘(1) BEFORE APPLICATION PERIOD.—The Sec21 retary of Homeland Security shall provide that in 

22 the case of an alien who is apprehended before the 

23 beginning of the application period described in sub24 section (a)(1)(A) and who can establish a prima 

25 facie case of eligibility to have his status adjusted 


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1 under subsection (a) (but for the fact that he may 

2 not apply for such adjustment until the beginning of 

3 such period), until the alien has had the opportunity 

4 during the first 30 days of the application period to 

5 complete the filing of an application for adjustment, 

6 the alien— 

7 ‘‘(A) may not be deported, and 

8 ‘‘(B) shall be granted authorization to en9 gage in employment in the United States and 

10 be provided an ‘employment authorized’ en11 dorsement or other appropriate work permit. 

12 ‘‘(2) DURING APPLICATION PERIOD.—The Sec13 retary of Homeland Security shall provide that in 

14 the case of an alien who presents a prima facie ap15 plication for adjustment of status under subsection 

16 (a) during the application period, and until a final 

17 determination on the application has been made in 

18 accordance with this section, the alien— 

19 ‘‘(A) may not be deported, and 

20 ‘‘(B) shall be granted authorization to en21 gage in employment in the United States and 

22 be provided an ‘employment authorized’ en23 dorsement or other appropriate work permit. 

24 ‘‘(f) ADMINISTRATIVE AND JUDICIAL REVIEW.— 


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1 ‘‘(1) ADMINISTRATIVE AND JUDICIAL RE2 VIEW.—There shall be no administrative or judicial 

3 review of a determination respecting an application 

4 for adjustment of status under this section except in 

5 accordance with this subsection. 

6 ‘‘(2) NO REVIEW FOR LATE FILINGS.—No de7 nial of adjustment of status under this section based 

8 on a late filing of an application for such adjustment 

9 may be reviewed by a court of the United States or 

10 of any State or reviewed in any administrative pro11 ceeding of the United States Government. 

12 ‘‘(3) ADMINISTRATIVE REVIEW.— 

13 ‘‘(A) SINGLE LEVEL OF ADMINISTRATIVE

14 APPELLATE REVIEW.—The Secretary of Home15 land Security shall establish an appellate au16 thority to provide for a single level of adminis17 trative appellate review of a determination de18 scribed in paragraph (1). 

19 ‘‘(B) STANDARD FOR REVIEW.—Such ad20 ministrative appellate review shall be based 

21 solely upon the administrative record estab22 lished at the time of the determination on the 

23 application and upon such additional or newly 

24 discovered evidence as may not have been avail25 able at the time of the determination. 


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1 ‘‘(g) IMPLEMENTATION OF SECTION.— 

2 ‘‘(1) REGULATIONS.—The Secretary of Home3 land Security may issue such regulations as may be 

4 necessary to carry out this section. 

5 ‘‘(2) CONSIDERATIONS.—In prescribing regula6 tions described in paragraph (1)— 

7 ‘‘(A) PERIODS OF CONTINUOUS RESI8 DENCE.—The Secretary of Homeland Security 

9 shall specify individual periods, and aggregate 

10 periods, of absence from the United States 

11 which will be considered to break a period of 

12 continuous residence in the United States and 

13 shall take into account absences due merely to 

14 brief and casual trips abroad. 

15 ‘‘(B) ABSENCES CAUSED BY DEPORTATION

16 OR ADVANCED PAROLE.—The Secretary of 

17 Homeland Security shall provide that— 

18 ‘‘(i) an alien shall not be considered to 

19 have resided continuously in the United 

20 States, if, during any period for which con21 tinuous residence is required, the alien was 

22 outside the United States as a result of a 

23 departure under an order of deportation, 

24 and 


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1 ‘‘(ii) any period of time during which 

2 an alien is outside the United States pur3 suant to the advance parole procedures of 

4 the Department of Homeland Security 

5 shall not be considered as part of the pe6 riod of time during which an alien is out7 side the United States for purposes of this 

8 section. 

9 ‘‘(C) WAIVERS OF CERTAIN ABSENCES.— 

10 The Secretary of Homeland Security may pro11 vide for a waiver, in the discretion of the Sec12 retary of Homeland Security, of the periods 

13 specified under subparagraph (A) in the case of 

14 an absence from the United States due merely 

15 to a brief temporary trip abroad required by 

16 emergency or extenuating circumstances outside 

17 the control of the alien. 

18 ‘‘(D) USE OF CERTAIN DOCUMENTA19 TION.—The Secretary of Homeland Security 

20 shall require that— 

21 ‘‘(i) continuous residence and physical 

22 presence in the United States must be es23 tablished through documents, together with 

24 independent corroboration of the informa25 tion contained in such documents, and 


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1 ‘‘(ii) the documents provided under 

2 clause (i) must be employment-related if 

3 employment-related documents with re4 spect to the alien are available to the appli5 cant. 

6 ‘‘(3) INTERIM FINAL REGULATIONS.—Regula7 tions prescribed under this section may be pre8 scribed to take effect on an interim final basis if the 

9 Secretary of Homeland Security determines that this 

10 is necessary in order to implement this section in a 

11 timely manner. 

12 ‘‘(h) DISSEMINATION OF INFORMATION ON LEGAL13 IZATION PROGRAM.—Beginning not later than the date 

14 designated by the Secretary of Homeland Security under 

15 subsection (a)(1)(A), the Secretary of Homeland Security 

16 shall broadly disseminate information respecting the bene17 fits which aliens may receive under this section and the 

18 requirements to obtain such benefits.’’. 

19 (b) CONFORMING AMENDMENTS.— 

20 (1) Section 245(c) of such Act (8 U.S.C. 

21 1255(c)) is amended by striking ‘‘or’’ before ‘‘(8)’’ 

22 and by inserting before the period at the end the fol23 lowing: ‘‘or (9) any alien who has lawful status 

24 under section 245B’’. 


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1 (2) The table of contents of such Act is amend2 ed by inserting after the item relating to section 

3 245A the following new item: 

‘‘Sec. 245B. Lawful status for certain long-term residents.’’. 

Æ 


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