I 

112TH CONGRESS 

1ST SESSION H. R. 2670 

To provide that States and local governments may pass laws that identify 

illegal aliens, deter illegal aliens from entering the United States, apprehend illegal aliens, or encourage or otherwise cause illegal aliens to 

leave the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2011 

Mr. BROOKS (for himself, Mr. BURTON of Indiana, Mr. CARTER, Mr. 

PALAZZO, and Mr. WOODALL) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To provide that States and local governments may pass 

laws that identify illegal aliens, deter illegal aliens from 

entering the United States, apprehend illegal aliens, or 

encourage or otherwise cause illegal aliens to leave the 

United States, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Jobs for Americans 

5 Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 


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1 (1) The security of the United States and its 

2 citizens is dependent on the ability of the United 

3 States to regulate the immigration of aliens into the 

4 United States. 

5 (2) The economic disparity between the United 

6 States and other countries is a prime factor in the 

7 desire of aliens to enter the United States illegally. 

8 (3) Federal law prohibits the employment of il9 legal aliens in the United States. Nonetheless, illegal 

10 aliens routinely find employment within the United 

11 States. 

12 (4) Employment of illegal aliens in the United 

13 States undermines our system of lawful immigration, 

14 undermines job opportunities for American workers, 

15 undermines the wages for many American workers, 

16 and increases the number of Americans who are de17 pendent on Federal and State programs for mone18 tary assistance. 

19 (5) The laws, regulations, policies, and efforts 

20 of the United States concerning illegal aliens have 

21 been insufficient to stop or adequately stem the flow 

22 of illegal aliens into the United States. 

23 (6) The United States welcomes the assistance 

24 of State, county, and municipal governments in the 

25 effort to identify illegal aliens, deter illegal aliens 


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1 from entering the United States, apprehend illegal 

2 aliens, and encourage or otherwise cause illegal 

3 aliens to leave the United States. 

4 (7) States, counties, and municipal governments 

5 have inherent authority to investigate, identify, ap6 prehend, arrest, detain, or transfer illegal aliens to 

7 the United States and to assist the United States in 

8 the enforcement of the immigration laws of the 

9 United States. This State, county, and municipal au10 thority has never been displaced or preempted by 

11 Congress. 

12 (8) The Attorney General should not use tax13 payer funds to sue States, counties, or municipal 

14 governments that enact their own illegal immigration 

15 legislation because of the failure of the United 

16 States to adequately act on this issue. 

17 (9) State, county, and municipal governments 

18 should be supported for taking actions to discourage 

19 illegal immigration. 

20 SEC. 3. EMPOWERING STATE AND LOCAL GOVERNMENTS 

21 TO HELP THE FEDERAL GOVERNMENT STOP 

22 ILLEGAL ALIENS. 

23 (a) LIMITED PREEMPTION OF STATE AND LOCAL

24 LAWS.— 


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1 (1) IN GENERAL.—States, and political subdivi2 sions of States, are authorized to enact and enforce 

3 laws that help identify illegal aliens, deter illegal 

4 aliens from entering the United States, apprehend il5 legal aliens, or encourage or otherwise cause illegal 

6 aliens to leave the United States. States, and polit7 ical subdivisions of States, may not enact or enforce 

8 laws that are inconsistent with Federal statutes that 

9 define the lawful status of persons who are in the 

10 United States. 

11 (2) CONSTRUCTION.—This subsection shall be 

12 broadly construed to permit and empower State and 

13 political subdivisions of States to address illegal 

14 alien issues within their jurisdictions. 

15 (3) DEFINITION.—For purposes of this sub16 section, the term ‘‘illegal alien’’ means an alien un17 lawfully present in the United States, as defined by 

18 Federal law. 

19 (b) NONPREEMPTION OF STATE AND LOCAL LAWS

20 ON AIDING AND ABETTING ILLEGAL ALIENS.—Neither 

21 the provisions of this section, nor any other law, preempt 

22 any State or local law imposing civil or criminal sanctions 

23 upon persons who knowingly aid or abet, in any way, the 

24 presence of an illegal alien within the borders of the 

25 United States. 


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1 (c) UNLAWFUL EMPLOYMENT OF ALIENS.—Section 

2 274A(h)(2) of the Immigration and Nationality Act (8 

3 U.S.C. 1324a(h)(2)) is amended to read as follows: 

4 ‘‘(2) NONPREEMPTION.—Neither the provisions 

5 of this section, nor any other law, preempt any State 

6 or local law imposing civil or criminal sanctions upon 

7 persons who knowingly employ, recruit, or refer for 

8 a fee for employment, an unauthorized alien.’’. 

9 (d) IMMUNITY.—No person or entity shall be civilly 

10 or criminally liable for taking an action, or failing to take 

11 an action, if such action or inaction was undertaken in 

12 good faith to comply with a law described in subsection 

13 (a)(1) or (b). 

Æ 


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