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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2670 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Jobs for Americans Act of 2011''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) The security of the United States and its citizens is 
        dependent on the ability of the United States to regulate the 
        immigration of aliens into the United States.
            (2) The economic disparity between the United States and 
        other countries is a prime factor in the desire of aliens to 
        enter the United States illegally.
            (3) Federal law prohibits the employment of illegal aliens 
        in the United States. Nonetheless, illegal aliens routinely 
        find employment within the United States.
            (4) Employment of illegal aliens in the United States 
        undermines our system of lawful immigration, undermines job 
        opportunities for American workers, undermines the wages for 
        many American workers, and increases the number of Americans 
        who are dependent on Federal and State programs for monetary 
        assistance.
            (5) The laws, regulations, policies, and efforts of the 
        United States concerning illegal aliens have been insufficient 
        to stop or adequately stem the flow of illegal aliens into the 
        United States.
            (6) The United States welcomes the assistance of State, 
        county, and municipal governments in the effort to identify 
        illegal aliens, deter illegal aliens from entering the United 
        States, apprehend illegal aliens, and encourage or otherwise 
        cause illegal aliens to leave the United States.
            (7) States, counties, and municipal governments have 
        inherent authority to investigate, identify, apprehend, arrest, 
        detain, or transfer illegal aliens to the United States and to 
        assist the United States in the enforcement of the immigration 
        laws of the United States. This State, county, and municipal 
        authority has never been displaced or preempted by Congress.
            (8) The Attorney General should not use taxpayer funds to 
        sue States, counties, or municipal governments that enact their 
        own illegal immigration legislation because of the failure of 
        the United States to adequately act on this issue.
            (9) State, county, and municipal governments should be 
        supported for taking actions to discourage illegal immigration.

SEC. 3. EMPOWERING STATE AND LOCAL GOVERNMENTS TO HELP THE FEDERAL 
              GOVERNMENT STOP ILLEGAL ALIENS.

    (a) Limited Preemption of State and Local Laws.--
            (1) In general.--States, and political subdivisions of 
        States, are authorized to enact and enforce laws that help 
        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. 
        States, and political subdivisions of States, may not enact or 
        enforce laws that are inconsistent with Federal statutes that 
        define the lawful status of persons who are in the United 
        States.
            (2) Construction.--This subsection shall be broadly 
        construed to permit and empower State and political 
        subdivisions of States to address illegal alien issues within 
        their jurisdictions.
            (3) Definition.--For purposes of this subsection, the term 
        ``illegal alien'' means an alien unlawfully present in the 
        United States, as defined by Federal law.
    (b) Nonpreemption of State and Local Laws on Aiding and Abetting 
Illegal Aliens.--Neither the provisions of this section, nor any other 
law, preempt any State or local law imposing civil or criminal 
sanctions upon persons who knowingly aid or abet, in any way, the 
presence of an illegal alien within the borders of the United States.
    (c) Unlawful Employment of Aliens.--Section 274A(h)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1324a(h)(2)) is amended to 
read as follows:
            ``(2) Nonpreemption.--Neither the provisions of this 
        section, nor any other law, preempt any State or local law 
        imposing civil or criminal sanctions upon persons who knowingly 
        employ, recruit, or refer for a fee for employment, an 
        unauthorized alien.''.
    (d) Immunity.--No person or entity shall be civilly or criminally 
liable for taking an action, or failing to take an action, if such 
action or inaction was undertaken in good faith to comply with a law 
described in subsection (a)(1) or (b).
                                 <all>
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