I

104TH CONGRESS

1ST SESSION H. R. 2164

To curtail illegal immigration through increased enforcement of the employer

sanctions provisions in the Immigration and Nationality Act and related

laws.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 2, 1995

Mr. FILNER introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Economic and

Educational Opportunities, 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 curtail illegal immigration through increased enforcement

of the employer sanctions provisions in the Immigration

and Nationality Act and related laws.

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 ‘‘Eliminate the Magnet for Illegal Immigration Act of

6 1995’’.

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

8 this Act is as follows:
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Sec. 1. Short title; table of contents.

Sec. 2. Increase in INS investigators to enforce employer sanctions.

Sec. 3. Increase in Department of Labor investigators to enforce labor standards.

Sec. 4. Increase in investigators in Office of Special Counsel for ImmigrationRelated Unfair Employment Practices to enforce antidiscrimination provisions.

Sec. 5. Subpoena and related authority.

Sec. 6. Reducing the number of employment verification documents.

Sec. 7. Increasing penalties for document fraud.

Sec. 8. Joint targeted efforts by the INS and the Department of Labor to investigate employer sanctions and labor standards.

Sec. 9. Employer education.

Sec. 10. Increasing civil money penalties for hiring, recruiting, and referral violations.

Sec. 11. Increasing penalties for repeated or willful violations of labor standards.

Sec. 12. Increasing civil money penalties for unfair immigration-related employment practices.

Sec. 13. Immigration-related discrimination.

Sec. 14. Definitions.

1 SEC. 2. INCREASE IN INS INVESTIGATORS TO ENFORCE EM2 PLOYER SANCTIONS.

3 (a) IN GENERAL.—In addition to such amounts as

4 are otherwise authorized to be appropriated, there are au5 thorized to be appropriated for each of the fiscal years

6 1996 and 1997 for hiring, training, salaries and expenses

7 of personnel of the Immigration and Naturalization Serv8 ice such amounts as may be necessary—

9 (1) to provide for an increase each year in the

10 number of investigators of such Service by 365 full11 time equivalent investigator positions above the

12 number of such positions authorized as of May 1,

13 1995; and

14 (2) to provide such personnel and resources as

15 are necessary to assist the additional investigators in
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1 the enforcement of employer sanctions (as defined in

2 section 14(1)).

3 (b) DUTIES.—The additional investigators provided

4 for in subsection (a) shall be assigned to investigate viola5 tions of employer sanctions with priority given to areas

6 where there are high concentrations of unauthorized aliens

7 (as defined in section 14(4)) who are employed.

8 SEC. 3. INCREASE IN DEPARTMENT OF LABOR INVESTIGA9 TORS TO ENFORCE LABOR STANDARDS.

10 (a) IN GENERAL.—In addition to such amounts as

11 are otherwise authorized to be appropriated, there are au12 thorized to be appropriated for each of the fiscal years

13 1996 and 1997 for hiring, training, salaries, and expenses

14 of personnel of the Employment Standards Administration

15 of the Department of Labor such amounts as may be nec16 essary—

17 (1) to provide for an increase each year in the

18 number of investigators of such Administration by

19 300 full-time equivalent investigator positions above

20 the number of such positions authorized as of May

21 1, 1995; and

22 (2) to provide such support personnel and re23 sources as are necessary to assist the additional in24 vestigators in the enforcement of labor standards (as

25 defined in section 14(3)).
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1 (b) DUTIES.—The additional investigators provided

2 for in subsection (a) shall be assigned to investigate viola3 tions of labor standards with priority given to areas where

4 there are high concentrations of unauthorized aliens who

5 are employed.

6 SEC. 4. INCREASE IN INVESTIGATORS IN OFFICE OF SPE7 CIAL COUNSEL FOR IMMIGRATION-RELATED

8 UNFAIR EMPLOYMENT PRACTICES TO EN9 FORCE ANTIDISCRIMINATION PROVISIONS.

10 (a) IN GENERAL.—In addition to such amounts as

11 are otherwise authorized to be appropriated, there are au12 thorized to be appropriated for each of the fiscal years

13 1996 and 1997 for hiring, training, salaries, and expenses

14 of personnel of the Office of Special Counsel for Immigra15 tion-Related Unfair Employment Practices in the Depart16 ment of Justice such amounts as may be necessary—

17 (1) to provide for an increase in the number of

18 investigators of such Office by 50 full-time equiva19 lent investigator positions above the number of such

20 positions authorized as of May 1, 1995; and

21 (2) to provide such support personnel and re22 sources as are necessary to assist the additional in23 vestigators in the enforcement of immigration-relat24 ed antidiscrimination provisions (as defined in sec25 tion 12(2)).
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1 (b) DUTIES.—The additional investigators provided

2 for in subsection (a) shall be assigned to investigate and

3 prosecute violations of immigration-related antidiscrimina4 tion provisions.

5 SEC. 5. SUBPOENA AND RELATED AUTHORITY.

6 (a) SUBPOENA AUTHORITY FOR DESIGNATED IMMI7 GRATION OFFICERS.—Sections 274A(e)(2) and

8 274C(d)(1) of the Immigration and Nationality Act (8

9 U.S.C. 1324a(e)(2), 1324c(d)(1)) are each amended—

10 (1) in subparagraph (A), by striking ‘‘and’’ at

11 the end;

12 (2) in subparagraph (B), by striking the period

13 and inserting ‘‘, and’’; and

14 (3) by inserting after subparagraph (B) the fol15 lowing new subparagraph:

16 ‘‘(C) immigration officers designated by

17 the Commissioner may compel by subpoena the

18 attendance of witnesses and the production of

19 evidence at any designated place prior to the

20 date notice of an intention to impose an order

21 under this subsection is provided.’’.

22 (b) SECRETARY OF LABOR AUTHORITY.—

23 (1) IN GENERAL.—Title II of the Immigration

24 and Nationality Act is amended by adding at the

25 end the following new section:
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1 ‘‘SECRETARY OF LABOR AUTHORITY

2 ‘‘SEC. 294. (a) SUBPOENA AUTHORITY.—The Sec3 retary of Labor may issue subpoenas requiring the attend4 ance and testimony of witnesses or the production of any

5 records, books, papers, or documents in connection with

6 any investigation or hearing conducted in the enforcement

7 of any immigration program for which the Secretary of

8 Labor has been delegated enforcement authority under

9 this title.

10 ‘‘(b) AUTHORITY IN HEARINGS.—In such a hearing,

11 the Secretary of Labor may administer oaths, examine

12 witnesses, and receive evidence.

13 ‘‘(c) ENFORCEMENT FOR SUBPOENAS.—In case of

14 contumacy or refusal to obey a subpoena lawfully issued

15 under this section and upon application of the Secretary

16 of Labor, an appropriate district court of the United

17 States may issue an order requiring compliance with such

18 subpoena and any failure to obey such order may be pun19 ished by such court as a contempt thereof.’’.

20 (2) CLERICAL AMENDMENT.—The table of con21 tents of such Act is amended by inserting after the

22 item relating to section 293 the following:

‘‘Sec. 294. Secretary of Labor authority.’’.
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1 SEC. 6. REDUCING THE NUMBER OF EMPLOYMENT VER2 IFICATION DOCUMENTS.

3 (a) IN GENERAL.—Subparagraph (B) of section

4 274A(b)(1) of the Immigration and Nationality Act (8

5 U.S.C. 1324a(b)(1)) is amended—

6 (1) in clause (i), by adding ‘‘or’’ at the end;

7 (2) in clause (v), by striking ‘‘or other alien

8 registration card, if the card—’’ and inserting ‘‘alien

9 registration card, or other documentation designated

10 by regulation by the Attorney General, if the docu11 ment—’’;

12 (3) in clause (v), by inserting ‘‘and contains ap13 propriate security features’’ before the period;

14 (4) by striking clauses (ii), (iii), and (iv); and

15 (5) by redesignating clause (v) as clause (ii).

16 (b) EFFECTIVE DATE.—The amendments made by

17 subsection (a) shall apply with respect to hiring, recruit18 ing, or referring that occurs after such date (not later

19 than 2 years after the date of the enactment of this Act)

20 as the Attorney General shall specify.

21 SEC. 7. INCREASING PENALTIES FOR DOCUMENT FRAUD.

22 (a) CRIMINAL PENALTIES.—

23 (1) FRAUD AND MISUSE OF GOVERNMENT-IS24 SUED IDENTIFICATION DOCUMENTS.—Section

25 1028(b)(1) of title 18, United States Code, is

26 amended by striking ‘‘five years’’ and inserting ‘‘10
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1 years’’ and by adding at the end the following new

2 provision:

3 ‘‘Notwithstanding any other provision of this title, the

4 maximum term of imprisonment that may be imposed for

5 an offense under this section—

6 ‘‘(1) if committed to facilitate a drug traffick7 ing crime (as defined in section 929(a)) is 15 years;

8 and

9 ‘‘(2) if committed to facilitate an act of inter10 national terrorism (as defined in section 2331) is 20

11 years.’’.

12 (2) CHANGES TO THE SENTENCING LEVELS.—

13 Pursuant to section 994 of title 28, United States

14 Code, and section 21 of the Sentencing Act of 1987,

15 the United States Sentencing Commission shall

16 promptly promulgate guidelines, or amend existing

17 guidelines, to make appropriate increases in the base

18 offense levels for offenses under section 1028(a) of

19 title 18, United States Code.

20 (b) CIVIL PENALTIES.—

21 (1) ACTIVITIES PROHIBITED.—Section 274C(a)

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

23 1324c(a)) is amended—

24 (A) in paragraph (3), by striking ‘‘or’’ at

25 the end;
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1 (B) in paragraph (4), by striking the pe2 riod and inserting ‘‘, or’’; and

3 (C) by adding at the end the following:

4 ‘‘(5) to present before boarding a common car5 rier for the purpose of coming to the United States

6 a document that relates to the alien’s eligibility to

7 enter the United States and to fail to present such

8 document to an immigration officer upon arrival at

9 a United States port of entry, or

10 ‘‘(6) in reckless disregard of the fact that the

11 information is false or does not relate to the appli12 cant, to prepare, to file, or to assist another in pre13 paring or filing, documents which are falsely made

14 for the purpose of satisfying a requirement of this

15 Act.

16 The Attorney General may waive the penalties of this sec17 tion with respect to an alien who knowingly violates para18 graph (5) if the alien is subsequently granted asylum

19 under section 208 or withholding of deportation under sec20 tion 243(h). For the purposes of this section, a document

21 relating to an individual shall be considered to be ‘falsely’

22 made if the document was prepared with knowledge or in

23 reckless disregard of the fact that the document contains

24 false, fictitious, or fraudulent information or material mis-
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1 representation, or fails to include a material fact pertain2 ing to the individual.’’.

3 (2) CONFORMING AMENDMENTS.—Section

4 274C(d)(3) of such Act (8 U.S.C. 1324c(d)(3)) is

5 amended by striking ‘‘each document used, accepted,

6 or created and each instance of use, acceptance, or

7 recreation’’ each place it appears in subparagraphs

8 (A) and (B) and inserting ‘‘each document that is

9 the subject of a violation under subsection (a)’’.

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

11 subsections (a) and (b) shall apply with respect to viola12 tions that occur on or after the end of the 6-month period

13 beginning on the date of the enactment of this Act.

14 SEC. 8. JOINT TARGETED EFFORTS BY THE INS AND THE

15 DEPARTMENT OF LABOR TO INVESTIGATE

16 EMPLOYER SANCTIONS AND LABOR STAND17 ARDS.

18 (a) IN GENERAL.—The Secretary of Labor shall es19 tablish, in consultation with the Commissioner of Immi20 gration and Naturalization and not later than 3 months

21 after the date of the enactment of this Act, programs for

22 the Immigration and Naturalization Service and Depart23 ment of Labor to jointly investigate violations of employer

24 sanctions and labor standards and target areas where
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1 there are high concentrations of unauthorized aliens who

2 are employed.

3 (b) PERFORMANCE REVIEW.—Not later than 6

4 months after the date the Secretary of Labor and the

5 Commissioner of Immigration and Naturalization have es6 tablished the programs referred to in subsection (a), the

7 National Performance Review in the Office of the Vice8 President shall assess the programs and identify the best

9 strategies for targeting industries likely to violate both em10 ployer sanctions and labor standards.

11 SEC. 9. EMPLOYER EDUCATION.

12 The Attorney General, in consultation with the Sec13 retary of Labor, the Small Business Administrator, and

14 the Commissioner of Internal Revenue, shall conduct a na15 tionwide program to inform employers about their respon16 sibilities concerning employer sanctions, labor standards,

17 and immigration-related antidiscrimination provisions.

18 SEC. 10. INCREASING CIVIL MONEY PENALTIES FOR HIR19 ING, RECRUITING, AND REFERRAL VIOLA20 TIONS.

21 (a) IN GENERAL.—Subparagraph (A) of section

22 274A(e)(4) of the Immigration and Nationality Act (8

23 U.S.C. 1324a(e)(4)) is amended—
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1 (1) in clause (i), by striking ‘‘$250 and not

2 more than $2,000’’ and inserting ‘‘$1,000 and not

3 more than $3,000’’;

4 (2) in clause (ii), by striking ‘‘$2,000 and not

5 more than $5,000’’ and inserting ‘‘$3,000 and not

6 more than $8,000’’; and

7 (3) in clause (iii), by striking ‘‘3,000 and not

8 more than $10,000’’ and inserting ‘‘$10,000 and not

9 more than $25,000’’.

10 (b) EFFECTIVE DATE.—The amendments made by

11 subsection (a) shall apply with respect to violations that

12 occur on or after the end of the 6-month period beginning

13 on the date of the enactment of this Act.

14 SEC. 11. INCREASING PENALTIES FOR REPEATED OR WILL15 FUL VIOLATIONS OF LABOR STANDARDS.

16 (a) IN GENERAL.—Section 274A(h) of the Immigra17 tion and Nationality Act (8 U.S.C. 1324a(h)) is amended

18 by adding at the end the following new paragraph:

19 ‘‘(4) INCREASED PENALTIES.—In the case of a

20 person or entity that has been found through a final

21 administrative determination or determination by a

22 court (which finding has not been reversed) to have

23 willfully or repeatedly violated one or more labor

24 standards with respect to an unauthorized alien who

25 is employed, each dollar amount specified in sub-
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1 sections (e)(4), (e)(5), and (g)(2) shall be twice the

2 dollar amount otherwise specified for violation occur3 ring during the 10-year period beginning on the date

4 of such determination.’’.

5 (b) CONFORMING AMENDMENTS.—Section 274A of

6 such Act (8 U.S.C. 1324a) is amended—

7 (1) in paragraphs (4)(A) and (5) of subsection

8 (e), by inserting ‘‘(subject to subsection (h)(4))’’

9 after ‘‘in an amount’’; and

10 (2) in subsection (g)(2), by striking ‘‘of

11 $1,000’’ and inserting ‘‘in an amount (subject to

12 subsection (h)(4)) equal to $1,000’’.

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

14 this section shall apply with respect to violations of em15 ployer sanctions that occur on or after the end of the 6-

16 month period beginning on the date of the enactment of

17 this Act, but shall not apply to violations of labor stand18 ards occurring before the date of the enactment of this

19 Act.

20 SEC. 12. INCREASING CIVIL MONEY PENALTIES FOR UN21 FAIR IMMIGRATION-RELATED EMPLOYMENT

22 PRACTICES.

23 (a) IN GENERAL.—Clause (iv) of section

24 274B(g)(2)(B) of the Immigration and Nationality Act (8

25 U.S.C. 1324b(g)(2)(B)) is amended—
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1 (1) in subclause (I), by striking ‘‘$250 and not

2 more than $2,000’’ and inserting ‘‘$1,000 and not

3 more than $3,000’’;

4 (2) in subclause (II), by striking ‘‘$2,000 and

5 not more than $5,000’’ and inserting ‘‘$3,000 and

6 not more than $8,000’’;

7 (3) in subclause (III), by striking ‘‘3,000 and

8 not more than $10,000’’ and inserting ‘‘$10,000 and

9 not more than $25,000’’; and

10 (4) in subclause (IV), by striking ‘‘100 and not

11 more than $1,000’’ and inserting ‘‘$200 and not

12 more than $5,000’’.

13 (b) EFFECTIVE DATE.—The amendments made by

14 subsection (a) shall apply with respect to violations that

15 occur on or after the end of the 6-month period beginning

16 on the date of the enactment of this Act.

17 SEC. 13. IMMIGRATION-RELATED DISCRIMINATION.

18 (a) STUDY.—The Attorney General shall provide for

19 a study on the effect increased enforcement of employer

20 sanctions has on discrimination in the workplace based on

21 national origin or citizenship since 1989.

22 (b) REPORT.—Not later than 2 years after the date

23 of the enactment of this Act, the Attorney General shall

24 submit to Congress a report on the study under subsection
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1 (a). Such report shall include recommendations regarding

2 how such discrimination may be prevented.

3 SEC. 14. DEFINITIONS.

4 For purposes of this Act:

5 (1) EMPLOYER SANCTIONS.—The term ‘‘em6 ployer sanctions’’ means the requirements of section

7 274A of the Immigration and Nationality Act (8

8 U.S.C. 1324a).

9 (2) IMMIGRATION-RELATED ANTIDISCRIMINA10 TION PROVISIONS.—The term ‘‘immigration-related

11 antidiscrimination provisions’’ means the provisions

12 of section 274B of the Immigration and Nationality

13 Act (8 U.S.C. 1324b).

14 (3) LABOR STANDARDS.—The term ‘‘labor

15 standards’’ includes requirements of the Fair Labor

16 Standards Act of 1938 (29 U.S.C. 201 et seq.), the

17 Migrant and Seasonal Agricultural Worker Protec18 tion Act (29 U.S.C. 1801 et seq.), and the Family

19 and Medical Leave Act of 1993 (29 U.S.C. 2601 et.

20 seq.).

21 (4) UNAUTHORIZED ALIEN.—The term ‘‘unau22 thorized alien’’ has the meaning given such term in

23 section 274A(h)(3) of the Immigration and Nation24 ality Act (8 U.S.C. 1324a(h)(3)).

Æ