II

105TH CONGRESS

1ST SESSION S. 103

To amend the Immigration and Nationality Act to provide additional measures

for the control of illegal immigration.

IN THE SENATE OF THE UNITED STATES

JANUARY 21, 1997

Mr. KENNEDY introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to provide

additional measures for the control of illegal immigration.

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; AMENDMENTS TO INA; TABLE OF

4 CONTENTS.

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

6 ‘‘United States Worker Protection and Illegal Immigrant

7 Deterrence Act of 1997’’.

8 (b) AMENDMENTS TO IMMIGRATION AND NATIONAL9 ITY ACT.—Except as otherwise specifically provided when10 ever in this Act an amendment or repeal is expressed as
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1 the amendment or repeal of a section or other provision,

2 the reference shall be considered to be made to that sec3 tion or provision in the Immigration and Nationality Act.

4 (c) TABLE OF CONTENTS.—The table of contents of

5 this Act is as follows:

Sec. 1. Short title; amendments to INA; table of contents.

TITLE I—ENFORCEMENT

Sec. 101. Increased personnel levels for immigration-related workplace enforcement.

Sec. 102. Earmark of appropriations for INS workplace inspectors.

TITLE II—EMPLOYER SANCTIONS PENALTIES AND AUTHORITIES

Sec. 201. Enhanced civil penalties if labor standards violations are present.

Sec. 202. Increased penalties for violations of immigration-related employment

laws.

Sec. 203. Retention of employer sanctions fines for law enforcement purposes.

Sec. 204. Task force to improve public education regarding unlawful employment of aliens and unfair immigration-related employment

practices.

Sec. 205. Subpoena authority for cases of unlawful employment of aliens or

document fraud.

TITLE III—PRESIDENTIAL PLAN FOR EMPLOYMENT

VERIFICATION

Sec. 301. Definitions.

Sec. 302. Establishment of plan.

Sec. 303. Objectives.

Sec. 304. System requirements.

Sec. 305. Remedies and penalties for unlawful disclosure.

Sec. 306. Employer safeguards.

Sec. 307. Restriction on use of documents.

Sec. 308. Protection from liability for actions taken on the basis of information

provided by the verification system.

Sec. 309. Application of the Federal Tort Claims Act.

Sec. 310. Statutory construction.

TITLE IV—UNFAIR IMMIGRATION-RELATED EMPLOYMENT

PRACTICES

Sec. 401. Requiring certain remedies in unfair immigration-related discrimination orders.

Sec. 402. Treatment of certain documentary practices as lawful employment

practices.

Sec. 403. Effective date.

TITLE V—PROTECTIONS FOR BATTERED IMMIGRANTS

Sec. 501. Waiver of section 245(i).
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Sec. 502. Exemption from summary exclusion.

Sec. 503. Attorney General waiver of continuous presence requirement.

Sec. 504. Continued eligibility for immigrant status where abuser is removed.

Sec. 505. Fraudulent document waiver for battered aliens.

1 TITLE I—ENFORCEMENT

2 SEC. 101. INCREASED PERSONNEL LEVELS FOR IMMIGRA3 TION-RELATED WORKPLACE ENFORCEMENT.

4 (a) INVESTIGATORS.—

5 (1) IN GENERAL.—Subject to paragraph (2),

6 the Secretary of Labor is authorized to hire in the

7 Wage and Hour Division of the Department of

8 Labor during the period beginning October 1, 1997,

9 and ending September 30, 1998, not more than 150

10 full-time active-duty investigators and staff to en11 force laws applying sanctions against employers who

12 violate Federal wage and hour laws.

13 (2) ADDITIONAL AUTHORITY AVAILABLE.—The

14 authority of paragraph (1) to hire the personnel de15 scribed in that paragraph is in addition to the au16 thority made available during fiscal year 1997 to

17 hire such personnel.

18 (b) ASSIGNMENT OF ADDITIONAL PERSONNEL.—In19 dividuals employed under subsection (a) shall be assigned

20 to investigate violations of both wage and hour laws and

21 those immigration-related laws that are administered by

22 the Secretary of Labor in areas of the United States where

23 the Attorney General has notified the Secretary of Labor
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1 that there are high concentrations of aliens present in vio2 lation of law.

3 (c) PREFERENCE FOR BILINGUAL WAGE AND HOUR

4 INSPECTORS.—In hiring new wage and hour inspectors

5 pursuant to this section, the Secretary of Labor shall give

6 priority to the employment of multilingual candidates who

7 are proficient in both English and such other language

8 or languages as may be spoken in the region in which such

9 inspectors are likely to be deployed.

10 SEC. 102. EARMARK OF APPROPRIATIONS FOR INS WORK11 PLACE INSPECTORS.

12 Of the funds made available to the Immigration and

13 Naturalization Service for fiscal years 1998 and 1999, not

14 less than $36,076,000 shall be available only for each such

15 fiscal year sufficient to pay the salaries and expenses of

16 300 full-time equivalent active-duty investigators, as au17 thorized by section 131 of the Illegal Immigration Reform

18 and Immigration Responsibility Act of 1996 (as contained

19 in Public Law 104–208).
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1 TITLE II—EMPLOYER SANC2 TIONS PENALTIES AND AU3 THORITIES

4 SEC. 201. ENHANCED CIVIL PENALTIES IF LABOR STAND5 ARDS VIOLATIONS ARE PRESENT.

6 (a) IN GENERAL.—Section 274A(e)(4) (8 U.S.C.

7 1324a(e)(4)) is amended—

8 (1) by redesignating clauses (i), (ii), and (iii) of

9 subparagraph (A) as subclauses (I), (II), and (III),

10 respectively;

11 (2) by redesignating clauses (i), (ii), and (iii) of

12 subparagraph (B) as subclauses (I), (II), and (III),

13 respectively;

14 (3) by redesignating subparagraphs (A) and

15 (B) as clauses (i) and (ii), respectively;

16 (4) by striking ‘‘With’’ and inserting ‘‘(A) Ex17 cept as provided in subparagraph (B), with’’; and

18 (5) by adding at the end the following:

19 ‘‘(B) ENFORCEMENT OF CERTAIN LABOR

20 LAWS.—

21 ‘‘(i) CIVIL PENALTIES.—The adminis22 trative law judge may require payment of

23 a civil money penalty in an amount up to

24 two times the amount of the penalty pre25 scribed by this subsection in any case in
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1 which the Secretary of Labor or a court of

2 competent jurisdiction determines that the

3 employer has committed a willful violation

4 or repeated violations of any of the follow5 ing statutes:

6 ‘‘(I) The Fair Labor Standards

7 Act (29 U.S.C. 201 et seq.).

8 ‘‘(II) The Migrant and Seasonal

9 Agricultural Worker Protection Act

10 (29 U.S.C. 1801 et seq.).

11 ‘‘(III) The Family and Medical

12 Leave Act (29 U.S.C. 2601 et seq.).

13 ‘‘(ii) ADMINISTRATION.—The Sec14 retary of Labor and the Attorney General

15 shall consult regarding the administration

16 of this paragraph.’’.

17 (b) EFFECTIVE DATE.—The amendment made by

18 this section shall apply with respect to offenses occurring

19 on or after the date of the enactment of this Act.

20 SEC. 202. INCREASED PENALTIES FOR VIOLATIONS OF IM21 MIGRATION-RELATED EMPLOYMENT LAWS.

22 (a) INCREASED CIVIL MONEY PENALTIES FOR HIR23 ING, RECRUITING, AND REFERRAL VIOLATIONS.—Section

24 274A(e)(4)(A) (8 U.S.C. 1324a(e)(4)(A)) is amended—
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1 (1) in clause (i), by striking ‘‘$250’’ and

2 ‘‘$2,000’’ and inserting ‘‘$1,000’’ and ‘‘$3,000’’,

3 respectively;

4 (2) in clause (ii) by striking ‘‘$2,000’’ and

5 $5,000’’ and inserting ‘‘$3,000’’ and ‘‘$8,000’’, re6 spectively; and

7 (3) in clause (iii), by striking ‘‘$3,000’’ and

8 ‘‘$10,000’’ and inserting ‘‘$8,000’’ and ‘‘$25,000’’,

9 respectively.

10 (b) INCREASED CIVIL MONEY PENALTIES FOR PA11 PERWORK VIOLATIONS.—Section 274A(e)(5) (8 U.S.C.

12 1324a(e)(5)) is amended by striking ‘‘$100’’ and

13 ‘‘$1,000’’ and inserting ‘‘$200’’ and ‘‘$5,000’’,

14 respectively.

15 (c) INCREASED CRIMINAL PENALTIES FOR PATTERN

16 OR PRACTICE VIOLATIONS.—Section 274A(f)(1) (8 U.S.C.

17 1324a(f)(1)) is amended by striking ‘‘$3,000’’ and ‘‘six

18 months’’ and inserting ‘‘$7,000’’ and ‘‘two years’’, respec19 tively.

20 (d) INCREASED CIVIL PENALTIES FOR UNFAIR IMMI21 GRATION-RELATED EMPLOYMENT PRACTICES.—Section

22 274B(g)(2)(B) (8 U.S.C. 1324b(g)(2)(B)) is amended—

23 (1) in clause (iv)(I), by striking ‘‘$250’’ and

24 ‘‘$2,000’’ and inserting ‘‘$1,000’’ and ‘‘$3,000’’,

25 respectively;
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1 (2) in clause (iv)(II), by striking ‘‘$2,000’’ and

2 ‘‘$5,000’’ and inserting ‘‘$3,000’’ and ‘‘$8,000’’,

3 respectively;

4 (3) in clause (iv)(III), by striking ‘‘$3,000’’ and

5 ‘‘$10,000’’ and inserting ‘‘$8,000’’ and ‘‘$25,000’’,

6 respectively; and

7 (4) in clause (iv)(IV), by striking ‘‘$100’’ and

8 ‘‘$1,000’’ and inserting ‘‘$200’’ and ‘‘$5,000’’,

9 respectively.

10 SEC. 203. RETENTION OF EMPLOYER SANCTIONS FINES

11 FOR LAW ENFORCEMENT PURPOSES.

12 Section 286(a) (8 U.S.C. 1356(a)) is amended—

13 (1) by striking ‘‘(a)’’ and inserting ‘‘(a)(1)’’;

14 and

15 (2) by adding at the end the following:

16 ‘‘(2) All moneys received during each fiscal year in

17 payment of penalties under section 274A of this Act in

18 excess of $5,000,000 shall be credited to the Immigration

19 and Naturalization Service Salaries and Expenses appro20 priations account that funds activities and related ex21 penses associated with enforcement of that section and

22 shall remain available until expended.’’.
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1 SEC. 204. TASK FORCE TO IMPROVE PUBLIC EDUCATION

2 REGARDING UNLAWFUL EMPLOYMENT OF

3 ALIENS AND UNFAIR IMMIGRATION-RELATED

4 EMPLOYMENT PRACTICES.

5 (a) ESTABLISHMENT.—The Attorney General shall

6 establish a task force within the Department of Justice

7 charged with the responsibility of—

8 (1) providing advice and guidance to employers

9 and employees relating to unlawful employment of

10 aliens under section 274A of the Immigration and

11 Nationality Act and unfair immigration-related em12 ployment practices under 274B of such Act; and

13 (2) assisting employers in complying with those

14 laws.

15 (b) COMPOSITION.—The members of the task force

16 shall be designated by the Attorney General from among

17 officers or employees of the Immigration and Naturaliza18 tion Service or other components of the Department of

19 Justice.

20 (c) ANNUAL REPORT.—The task force shall report

21 annually to the Attorney General on its operations.

22 SEC. 205. SUBPOENA AUTHORITY FOR CASES OF UNLAW23 FUL EMPLOYMENT OF ALIENS OR DOCUMENT

24 FRAUD.

25 (a) SECRETARY OF LABOR SUBPOENA AUTHOR26 ITY.—
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1 (1) IN GENERAL.—Chapter 9 of title II of the

2 Immigration and Nationality Act is amended by

3 adding at the end the following new section:

4 ‘‘SECRETARY OF LABOR SUBPOENA AUTHORITY

5 ‘‘SEC. 296. The Secretary of Labor may issue sub6 poenas requiring the attendance and testimony of wit7 nesses or the production of any records, books, papers,

8 or documents in connection with any investigation or hear9 ing conducted in the enforcement of any immigration pro10 gram for which the Secretary of Labor has been delegated

11 enforcement authority under this Act. In such hearing, the

12 Secretary of Labor may administer oaths, examine wit13 nesses, and receive evidence. For the purpose of any such

14 hearing or investigation, the authority contained in sec15 tions 9 and 10 of the Federal Trade Commission Act (15

16 U.S.C. 49, 50), relating to the attendance of witnesses and

17 the production of books, papers, and documents, shall be

18 available to the Secretary of Labor.’’.

19 (2) CONFORMING AMENDMENT.—The table of

20 contents of the Immigration and Nationality Act is

21 amended by inserting after the item relating to sec22 tion 295 the following new item:

‘‘Sec. 296. Secretary of Labor subpoena authority.’’.
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1 TITLE III—PRESIDENTIAL PLAN

2 FOR EMPLOYMENT VERIFICA3 TION

4 SEC. 301. DEFINITIONS.

5 As used in this title:

6 (1) FEDERAL PUBLIC BENEFIT.—The term

7 ‘‘Federal public benefit’’ has the meaning given the

8 term in section 401(c) of the Personal Responsibility

9 and Work Opportunity Reconciliation Act of 1996.

10 (2) STATE OR LOCAL PUBLIC BENEFIT.—The

11 term ‘‘State or local public benefit’’ has the meaning

12 given the term in section 411(c) of the Personal Re13 sponsibility and Work Opportunity Reconciliation

14 Act of 1996.

15 (3) SYSTEM.—The term ‘‘system’’ means the

16 system for confirmation of eligibility for employment

17 and benefits that is described in this title.

18 SEC. 302. ESTABLISHMENT OF PLAN.

19 (a) DEVELOPMENT OF PLAN; REPORT TO CON20 GRESS.—Not later than 90 days after the end of the third

21 year in which the pilot programs required by subtitle A

22 of title IV of the Illegal Immigration Reform and Immi23 grant Responsibility Act of 1996 (as contained in Public

24 Law 104–208) are in effect, the President shall—
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1 (1) develop and recommend to the Congress a

2 plan for the establishment of a data system or alter3 native system (in this part referred to as the ‘‘sys4 tem’’), subject to sections 302 and 303, to confirm

5 eligibility for employment in the United States, and

6 immigration status in the United States for pur7 poses of eligibility for any Federal public benefit;

8 (2) submit to the Congress a report setting

9 forth—

10 (A) a description of such recommended

11 plan;

12 (B) data on and analyses of the alter13 natives considered in developing the plan de14 scribed in paragraph (1), including analyses of

15 data from any demonstration project conducted,

16 including the pilot programs conducted under

17 subtitle A of title IV of the IIRIRA of 1996;

18 and

19 (C) data on and analysis of the system de20 scribed in paragraph (1), including estimates

21 of—

22 (i) the proposed use of the system, on

23 an industry-sector by industry-sector basis;

24 (ii) the public assistance programs

25 and government benefits for which use of
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1 the system is cost-effective and otherwise

2 appropriate;

3 (iii) the cost of the system;

4 (iv) the financial and administrative

5 cost to employers;

6 (v) the reduction of undocumented

7 workers in the United States labor force

8 resulting from the system;

9 (vi) any unlawful discrimination

10 caused by or facilitated by use of the

11 system;

12 (vii) any privacy intrusions caused by

13 misuse or abuse of system;

14 (viii) the accuracy rate of the system;

15 (ix) the overall costs and benefits that

16 would result from implementation of the

17 system; and

18 (x) evidence, including the results of

19 pilot programs or demonstration projects,

20 that the plan meets the requirements of

21 section 303.

22 (b) EFFECTIVE DATE.—The plan described in sub23 section (a) shall take effect on the date of enactment of

24 a bill or joint resolution approving the plan.
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1 SEC. 303. OBJECTIVES.

2 The plan described in section 301(a) shall have the

3 following objectives:

4 (1) To substantially reduce illegal immigration

5 and unauthorized employment of aliens.

6 (2) To increase employer compliance, especially

7 in industry sectors known to employ undocumented

8 workers, with laws governing employment of aliens.

9 (3) To protect individuals from national origin

10 or citizenship-based unlawful discrimination and

11 from loss of privacy caused by use, misuse, or abuse

12 of personal information.

13 (4) To minimize the burden on business of ver14 ification of eligibility for employment in the United

15 States, including the cost of the system to

16 employers.

17 (5) To ensure that those who are ineligible for

18 public assistance or other government benefits are

19 denied or terminated, and that those eligible for

20 public assistance or other government benefits

21 shall—

22 (A) be provided a reasonable opportunity

23 to submit evidence indicating a satisfactory im24 migration status; and
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1 (B) not have eligibility for public assist2 ance or other government benefits denied, re3 duced, terminated, or unreasonably delayed on

4 the basis of the individual’s immigration status

5 until such a reasonable opportunity has been

6 provided.

7 SEC. 304. SYSTEM REQUIREMENTS.

8 (a) IN GENERAL.—A confirmation system may not

9 be implemented under this title unless the system meets

10 the following requirements:

11 (1) RELIABLE DETERMINATIONS.—The system

12 must be capable of reliably determining with respect

13 to an individual whether—

14 (A) the person with the identity claimed by

15 the individual is authorized to work in the Unit16 ed States or has the immigration status being

17 claimed; and

18 (B) the individual is claiming the identity

19 of another person.

20 (2) RESTRICTIONS ON USE OF INFORMATION.—

21 Any information obtained in connection with use of

22 the system must not be made available to Govern23 ment agencies, employers, or other persons except to

24 the extent necessary—
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1 (A) to confirm, by an individual who is au2 thorized to conduct the employment verification

3 process, that an employee is not an unauthor4 ized alien (as defined in section 274A(h)(3) of

5 the Immigration and Nationality Act (8 U.S.C.

6 1324a(h)(3));

7 (B) to enforce the Immigration and Na8 tionality Act or section 371, 911, 982, 1001,

9 1015, 1028, 1542, 1546, or 1621 of, or chapter

10 96 of, title 18, United States Code; or

11 (C) to confirm the individual’s immigration

12 status for purposes of determining eligibility for

13 Federal public benefits.

14 (3) FORM AND EXAMINATION OF DOCU15 MENTS.—Any document (other than a document

16 used under section 274A of the Immigration and

17 Nationality Act) required by the system must be

18 presented to or examined by either an employer or

19 an administrator of public assistance or other gov20 ernment benefits, as the case may be, and—

21 (A) must be in a form that is resistant to

22 counterfeiting and to tampering; and

23 (B) must not be required by any Govern24 ment entity or agency as a national identifica25 tion card or to be carried or presented except—
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1 (i) to carry out the purposes of para2 graph (2); or

3 (ii) if the document was designed for

4 another purpose (such as a certificate of

5 alien registration, an alien registration re6 ceipt card, a license to drive a motor vehi7 cle, a certificate of birth, or a social secu8 rity account number card issued by the So9 cial Security Administration), as required

10 under law for such other purpose.

11 (4) COMPLETE, ACCURATE, CONFIRMABLE, AND

12 TIMELY.—The system must ensure that information

13 is complete, accurate, confirmable, and timely. Cor14 rections or additions to the system records of an in15 dividual provided by the individual, the Social Secu16 rity Administration, or the Immigration and Natu17 ralization Service, or other relevant Federal agency,

18 must be checked for accuracy, processed, and en19 tered into the system within 10 business days after

20 the agency’s acquisition of the correction or addi21 tional information.

22 (5) SPEED OF CONFIRMATION.—The system

23 must be capable of accurately confirming electroni24 cally within 5 business days, whether a person has

25 the required immigration status in the United States
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1 and is legally authorized for employment in the

2 United States in a substantial percentage of cases

3 (with the objective of not less than 99 percent).

4 (6) ADMINISTRATIVE, TECHNICAL, AND PHYS5 ICAL SAFEGUARDS.—In order to ensure the integ6 rity, confidentiality, and security of system informa7 tion, the system and those who use the system must

8 maintain appropriate administrative, technical, and

9 physical safeguards, such as—

10 (A) safeguards to prevent unauthorized

11 disclosure of personal information, including

12 passwords, cryptography, and other tech13 nologies;

14 (B) audit trails to monitor system use; or

15 (C) procedures giving an individual the

16 right to request records containing personal in17 formation about the individual held by agencies

18 and used in the system, for the purpose of ex19 amination, copying, correction, or amendment,

20 and a method that ensures notice to individuals

21 of these procedures.

22 (7) SAFEGUARDS AGAINST DISCRIMINATION.—

23 There must be reasonable safeguards against the
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1 system’s resulting in unlawful discriminatory prac2 tices based on national origin or citizenship status,

3 including—

4 (A) the selective or unauthorized use of the

5 system to confirm eligibility;

6 (B) the use of the system prior to an offer

7 of employment;

8 (C) the exclusion of certain individuals

9 from consideration for employment as a result

10 of a perceived likelihood that additional con11 firmation will be required, beyond what is re12 quired for most job applicants; or

13 (D) denial reduction, termination, or un14 reasonable delay of public assistance to an indi15 vidual as a result of the perceived likelihood

16 that such additional confirmation will be re17 quired.

18 (b) DEFINITION.—As used in this section, the term

19 ‘‘business day’’ means any day other than Saturday, Sun20 day, or any day on which the appropriate Federal agency

21 is closed.

22 SEC. 305. REMEDIES AND PENALTIES FOR UNLAWFUL

23 DISCLOSURE.

24 (a) CIVIL REMEDIES.—
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1 (1) RIGHT OF INFORMATIONAL PRIVACY.—The

2 Congress declares that any person who provides to

3 an employer the information required by this section

4 or section 274A of the Immigration and Nationality

5 Act (8 U.S.C. 1324a) has a privacy expectation that

6 the information will only be used for compliance with

7 this Act or other applicable Federal, State, or local

8 law.

9 (2) CIVIL ACTIONS.—An employer, or other per10 son or entity, who knowingly and willfully discloses

11 the information that an employee is required to pro12 vide by this title or section 274A of the Immigration

13 and Nationality Act (8 U.S.C. 1324a) for any pur14 pose not authorized by this Act or other applicable

15 Federal, State, or local law shall be liable to the em16 ployee for actual damages. Jurisdiction and venue

17 over actions brought under this paragraph shall be

18 as provided by title 28 of the United States Code.

19 (b) CRIMINAL PENALTIES.—Any employer, or other

20 person or entity, who willfully and knowingly obtains,

21 uses, or discloses information required pursuant to this

22 title or section 274A of the Immigration and Nationality

23 Act (8 U.S.C. 1324a) for any purpose not authorized by

24 this Act or other applicable Federal, State, or local law

25 shall be fined not more than $5,000, notwithstanding the
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1 provisions of any Federal law relating to fine levels, im2 prisoned for not more than 6 months, or both.

3 (c) PRIVACY ACT.—

4 (1) IN GENERAL.—Any person who is a United

5 States citizen, United States national, lawful perma6 nent resident, or other employment-authorized alien,

7 and who is subject to confirmation of work author8 ization or lawful presence in the United States for

9 purposes of benefits eligibility under this title, shall

10 be considered an individual under section 552(a)(2)

11 of title 5, United States Code, with respect to

12 records covered by this title.

13 (2) DEFINITION.—For purposes of this sub14 section, the term ‘‘record’’ means an item, collection,

15 or grouping of information about an individual

16 which—

17 (A) is created, maintained, or used by a

18 Federal agency for the purpose of determin19 ing—

20 (i) the individual’s authorization to

21 work; or

22 (ii) immigration status in the United

23 States for purposes of eligibility to receive

24 Federal, State or local benefits in the

25 United States; and
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1 (B) contains the individuals’s name or

2 identifying number, symbol, or any other identi3 fier assigned to the individual.

4 SEC. 306. BENEFIT OF REBUTTABLE PRESUMPTION.

5 A person or other entity has established a rebuttable

6 presumption that the person or entity has not violated sec7 tion 274A(a)(1)(A) of the Immigration and Nationality

8 Act with respect to the hiring (or recruitment or referral)

9 of an individual for employment in the United States if

10 the person or entity—

11 (1) obtains confirmation of identity and employ12 ment eligibility in compliance with the applicable

13 terms and conditions of the system with respect to

14 the hiring (or recruitment or referral) of the individ15 ual; and

16 (2) has complied with all procedures required

17 by the system.

18 SEC. 307. RESTRICTION ON USE OF DOCUMENTS.

19 If the Attorney General determines that any docu20 ment described in section 274A(b)(1) of the Immigration

21 and Nationality Act as establishing employment authoriza22 tion or identity does not reliably establish such authoriza23 tion or identity or, to an unacceptable degree, is being

24 used fraudulently or is being requested for purposes not
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1 authorized by this Act, the Attorney General may, by reg2 ulation, prohibit or place conditions on the use of the doc3 ument for purposes of the system or the verification sys4 tem established in section 274A(b) of the Immigration and

5 Nationality Act.

6 SEC. 308. PROTECTION FROM LIABILITY FOR ACTIONS

7 TAKEN ON THE BASIS OF INFORMATION PRO8 VIDED BY THE CONFIRMATION SYSTEM.

9 No person shall be civilly or criminally liable under

10 section 274A of the Immigration and Nationality Act for

11 any action adverse to an individual if such action was

12 taken in good faith reliance on information relating to

13 such individual provided through the system.

14 SEC. 309. APPLICATION OF THE FEDERAL TORT CLAIMS

15 ACT.

16 Any individual claiming dismissal from employment

17 or denial of employment by reason of an error in the oper18 ation of the confirmation system may seek settlement of

19 the claim by the appropriate Federal agency or may insti20 tute a legal action against the Federal Government under

21 chapter 271 of title 28, United States Code, for money

22 damages in accordance with the procedures set forth

23 under that chapter.
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1 SEC. 310. STATUTORY CONSTRUCTION.

2 The provisions of this title supersede the provisions

3 of section 274A of the Immigration and Nationality Act

4 to the extent of any inconsistency therewith.

5 TITLE IV—UNFAIR IMMIGRA6 TION-RELATED EMPLOYMENT

7 PRACTICES

8 SEC. 401. REQUIRING CERTAIN REMEDIES IN UNFAIR

9 IMMIGRATION-RELATED DISCRIMINATION

10 ORDERS.

11 Section 274B(g)(2) (8 U.S.C. 1324b(g)(2)) is

12 amended—

13 (1) in subparagraph (B)—

14 (A) by striking ‘‘CONTENTS OF ORDER’’

15 and inserting ‘‘DISCRETIONARY CONTENTS OF

16 ORDER’’;

17 (B) by striking clauses (ii) and (vi); and

18 (C) by redesignating clauses (iii), (iv), (v),

19 (vii), and (viii) as clauses (ii), (iii), (iv), (v), and

20 (vi), respectively;

21 (2) in subparagraph (C), by striking ‘‘subpara22 graph (B)(iii)’’ and inserting ‘‘subparagraph

23 (C)(ii)’’;

24 (3) by redesignating subparagraphs (B)

25 through (D) as subparagraphs (C) through (E), re26 spectively; and
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1 (4) by inserting after subparagraph (A) the fol2 lowing new subparagraph:

3 ‘‘(B) MANDATORY CONTENTS OF

4 ORDER.—Such an order shall require the per5 son or entity—

6 ‘‘(i) to retain for the period referred

7 to in clause (i) and only for purposes con8 sistent with section 274A(b)(5), the name

9 and address of each individual who applies,

10 in person or in writing, for hiring for an

11 existing position, or for recruiting or refer12 ring for a fee, for employment in the Unit13 ed States; and

14 ‘‘(ii) to educate all personnel involved

15 in hiring and complying with this section

16 or section 274A about the requirements of

17 this section or such section and to certify

18 the fact of such education.’’.

19 SEC. 402. TREATMENT OF CERTAIN DOCUMENTARY PRAC20 TICES AS LAWFUL EMPLOYMENT PRACTICES.

21 Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) is

22 amended—

23 (1) by striking ‘‘PRACTICES.—For purposes of

24 paragraph (1), a’’ and inserting ‘‘PRACTICES.—
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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graphs (B) and (C), a’’;

3 (2) by striking ‘‘if made for the purpose or with

4 the intent of discriminating against an individual in

5 violation of paragraph (1)’’ and inserting ‘‘relating

6 to the hiring of individuals’’; and

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

9 ‘‘(B) EXCEPTION.—A person or other

10 entity—

11 ‘‘(i) may request a document proving

12 a renewal of employment authorization

13 when an individual has previously submit14 ted a time-limited document to satisfy the

15 requirements of section 274A(b)(1); or

16 ‘‘(ii) having reason to believe that an

17 individual presenting a document that rea18 sonably appears on its face to be genuine

19 is nonetheless an unauthorized alien (I)

20 may inform the individual of the question

21 about the document’s validity and of such

22 person or other entity’s intention to verify

23 the validity of such document, and (II)

24 may, upon receiving confirmation that the
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1 individual is unauthorized to work, dismiss

2 the individual.

3 ‘‘(C) STATUTORY CONSTRUCTION.—Noth4 ing in subparagraph (B) prohibits an individual

5 from offering alternative documents that satisfy

6 the requirements of section 274A(b)(1).’’.

7 SEC. 403. EFFECTIVE DATE.

8 The amendments made by section 401 shall apply to

9 orders issued on or after the first day of the first month

10 beginning at least 90 days after the date of the enactment

11 of this Act.

12 TITLE V—PROTECTIONS FOR

13 BATTERED IMMIGRANTS

14 SEC. 501. WAIVER OF SECTION 245(i).

15 Section 245(i) (8 U.S.C. 1255(i)) is amended—

16 (1) in the second sentence of paragraph (1), by

17 striking ‘‘The’’ and inserting ‘‘Except as provided in

18 paragraphs (4) and (5), the’’; and

19 (2) by adding at the end the following new

20 paragraph:

21 ‘‘(4)(A) The Attorney General may waive the fee

22 specified in this subsection with respect to an alien—

23 ‘‘(i) if the alien or the alien’s child—

24 ‘‘(I) has been battered or subjected to ex25 treme cruelty by a spouse, parent, or member
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1 of the spouse or parent’s family residing in the

2 same household as the alien; and

3 ‘‘(II) the spouse or parent consented to or

4 acquiesced to such battery or cruelty; and

5 ‘‘(ii) if the Attorney General determines that

6 such waiver would enhance the safety of the alien or

7 the alien’s child.

8 ‘‘(B) An alien for whom the Attorney General waived

9 the fee specified in this subsection shall not be considered

10 a public charge under section 212(a)(4) or 237(a)(5) sole11 ly because of such waiver.

12 ‘‘(5)(A) In lieu of a waiver under paragraph (4), the

13 Attorney General may permit an alien described in para14 graph (4)(A)(i) to pay the fee specified in this subsection

15 at the time of the alien’s interview or in installments—

16 ‘‘(i) if the Attorney General determines that the

17 alien’s finances are sufficient; and

18 ‘‘(ii) if the Attorney General determines that

19 such delayed payment would enhance the safety of

20 the alien or the alien’s child.

21 ‘‘(B) An alien for whom the Attorney General delayed

22 payment of the fee specified in this subsection shall not

23 be considered a public charge under section 212(a)(4)

24 solely because of such waiver.’’.
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1 SEC. 502. EXEMPTION FROM SUMMARY EXCLUSION.

2 Section 235(b)(1) (8 U.S.C. 1225(b)(1)) is amended

3 by adding at the end the following new subparagraph:

4 ‘‘(G) EXCEPTION FOR BATTERED

5 ALIENS.—Subparagraph (A) shall not apply to

6 any alien who has been battered or subjected to

7 extreme cruelty, or whose child has been bat8 tered or subjected to extreme cruelty, and who

9 is eligible to file a petition under subparagraph

10 (A) (iii) and (iv) or (B) (ii) and (iii) of section

11 204(a)(1) or under paragraph (2) of section

12 240A(b) based on the requirements of para13 graph (2) of that section.’’.

14 SEC. 503. ATTORNEY GENERAL WAIVER OF CONTINUOUS

15 PRESENCE REQUIREMENT.

16 Section 240A(d)(2) is amended by inserting before

17 the period at the end the following: ‘‘, except that the At18 torney General may extend the time periods described in

19 this paragraph in the case of aliens who are otherwise eli20 gible for relief under subsection (b)(2).’’.

21 SEC. 504. CONTINUED ELIGIBILITY FOR IMMIGRANT

22 STATUS WHERE ABUSER IS REMOVED.

23 Section 204(a)(1)(B) (8 U.S.C. 1154(a)(1)(B)) is

24 amended by adding at the end the following new clause:

25 ‘‘(iv) An alien who has resided in the United

26 States with the alien’s permanent resident spouse or
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1 parent who has committed a crime described in sec2 tion 237(a)(2)(E) or violated a protection order de3 scribed in that section may file a petition with the

4 Attorney General under this subparagraph for classi5 fication of the alien under such section notwith6 standing that the alien who committed the crime or

7 violated the protection order has been removed, or is

8 subject to removal, from the United States under

9 section 237(a), if the alien filing the petition is—

10 ‘‘(I) the victim of the crime committed or

11 is the individual protected by the protection

12 order;

13 ‘‘(II) a person of good moral character;

14 and

15 ‘‘(III) eligible for classification under sec16 tion 203(a)(2)(A).’’.

17 SEC. 505. FRAUDULENT DOCUMENT WAIVER FOR

18 BATTERED ALIENS.

19 Section 212(i)(1) (8 U.S.C. 1182(i)(1)) is amended

20 by inserting before the period at the end the following:

21 ‘‘, or if the alien is eligible to file a petition under subpara22 graph (A) (iii) and (iv) or (B) (ii) and (iii) of section

23 204(a)(1) or under paragraph (2) of section 240A(b)
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1 based on the requirements of paragraph (2) of that sec2 tion’’.

Æ