Border Security and Enforcement Act of 2023

To provide for reform of the asylum system and protection of the border. 1. Short title; table of contents (a) Short title This Act may be cited as the Border Security and Enforcement Act of 2023 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Asylum Reform and Border Protection Sec. 101. Short title. Sec. 102. Safe third country. Sec. 103. Credible fear interviews. Sec. 104. Clarification of asylum eligibility. Sec. 105. Exceptions. Sec. 106. Employment authorization. Sec. 107. Asylum fees. Sec. 108. Rules for determining asylum eligibility. Sec. 109. Firm resettlement. Sec. 110. Notice concerning frivolous asylum applications. Sec. 111. Technical amendments. Sec. 112. Requirement for procedures relating to certain asylum applications. Title II—Border Safety and Migrant Protection Sec. 201. Short title. Sec. 202. Inspection of applicants for admission. Sec. 203. Operational detention facilities. Title III—Ensuring United Families at the Border Sec. 301. Short title. Sec. 302. Clarification of standards for family detention. Title IV—Protection of Children Sec. 401. Short title. Sec. 402. Findings. Sec. 403. Repatriation of unaccompanied alien children. Sec. 404. Special immigrant juvenile status for immigrants unable to reunite with either parent. Sec. 405. Rule of construction. Title V—Visa Overstays Penalties Sec. 501. Short title. Sec. 502. Expanded penalties for illegal entry or presence. Title VI—Immigration Parole Reform Sec. 601. Short title. Sec. 602. Immigration parole reform. Sec. 603. Implementation. Sec. 604. Cause of action. Sec. 605. Severability. Title VII—Legal Workforce Sec. 701. Short title. Sec. 702. Employment eligibility verification process. Sec. 703. Employment eligibility verification system. Sec. 704. Recruitment, referral, and continuation of employment. Sec. 705. Good faith defense. Sec. 706. Preemption and States’ rights. Sec. 707. Repeal. Sec. 708. Penalties. Sec. 709. Fraud and misuse of documents. Sec. 710. Protection of Social Security Administration programs. Sec. 711. Fraud prevention. Sec. 712. Use of employment eligibility verification photo tool. Sec. 713. Identity authentication employment eligibility verification pilot programs. Sec. 714. Inspector General audits. Sec. 715. Agriculture Workforce Study. Sec. 716. Repealing regulations. I Asylum Reform and Border Protection 101. Short title This title may be cited as the Asylum Reform and Border Protection Act of 2023 102. Safe third country Section 208(a)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2)(A) (1) by striking if the Attorney General determines if the Attorney General or the Secretary of Homeland Security determines— (2) by striking that the alien may be removed (i) that the alien may be removed ; (3) by striking , pursuant to a bilateral or multilateral agreement, to to (4) by inserting or the Secretary, on a case by case basis, finds that (5) by striking the period at the end and inserting ; or (6) by adding at the end the following: (ii) that the alien entered, attempted to enter, or arrived in the United States after transiting through at least one country outside the alien’s country of citizenship, nationality, or last lawful habitual residence en route to the United States, unless— (I) the alien demonstrates that he or she applied for protection from persecution or torture in at least one country outside the alien’s country of citizenship, nationality, or last lawful habitual residence through which the alien transited en route to the United States, and the alien received a final judgment denying the alien protection in each country; (II) the alien demonstrates that he or she was a victim of a severe form of trafficking in which a commercial sex act was induced by force, fraud, or coercion, or in which the person induced to perform such act was under the age of 18 years; or in which the trafficking included the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery, and was unable to apply for protection from persecution in each country through which the alien transited en route to the United States as a result of such severe form of trafficking; or (III) the only countries through which the alien transited en route to the United States were, at the time of the transit, not parties to the 1951 United Nations Convention relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, or the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. . 103. Credible fear interviews Section 235(b)(1)(B)(v) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B)(v) there is a significant possibility , taking into account the credibility of the statements made by the alien in support of the alien’s claim, as determined pursuant to section 208(b)(1)(B)(iii), and such other facts as are known to the officer, the alien more likely than not could establish eligibility for asylum under section 208, and it is more likely than not that the statements made by, and on behalf of, the alien in support of the alien’s claim are true. 104. Clarification of asylum eligibility (a) In general Section 208(b)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(1)(A) section 101(a)(42)(A) (in accordance with the rules set forth in this section), and is eligible to apply for asylum under subsection (a) (b) Place of arrival Section 208(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(1) (1) by striking or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), (2) by inserting after United States and has arrived in the United States at a port of entry (including an alien who is brought to the United States after having been interdicted in international or United States waters), 105. Exceptions Paragraph (2) of section 208(b) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(2) (2) Exceptions (A) In general Paragraph (1) shall not apply to an alien if the Secretary of Homeland Security or the Attorney General determines that— (i) the alien ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; (ii) the alien has been convicted of any felony under Federal, State, tribal, or local law; (iii) the alien has been convicted of any misdemeanor offense under Federal, State, tribal, or local law involving— (I) the unlawful possession or use of an identification document, authentication feature, or false identification document (as those terms and phrases are defined in the jurisdiction where the conviction occurred), unless the alien can establish that the conviction resulted from circumstances showing that— (aa) the document or feature was presented before boarding a common carrier; (bb) the document or feature related to the alien’s eligibility to enter the United States; (cc) the alien used the document or feature to depart a country wherein the alien has claimed a fear of persecution; and (dd) the alien claimed a fear of persecution without delay upon presenting himself or herself to an immigration officer upon arrival at a United States port of entry; (II) the unlawful receipt of a Federal public benefit (as defined in section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1611(c) (III) possession or trafficking of a controlled substance or controlled substance paraphernalia, as those phrases are defined under the law of the jurisdiction where the conviction occurred, other than a single offense involving possession for one’s own use of 30 grams or less of marijuana (as marijuana is defined under the law of the jurisdiction where the conviction occurred); (iv) the alien has been convicted of an offense arising under paragraph (1)(A) or (2) of section 274(a), or under section 276; (v) the alien has been convicted of a Federal, State, tribal, or local crime that the Attorney General or Secretary of Homeland Security knows, or has reason to believe, was committed in support, promotion, or furtherance of the activity of a criminal street gang (as defined under the law of the jurisdiction where the conviction occurred or in section 521(a) of title 18, United States Code); (vi) the alien has been convicted of an offense for driving while intoxicated or impaired, as those terms are defined under the law of the jurisdiction where the conviction occurred (including a conviction for driving while under the influence of or impaired by alcohol or drugs), without regard to whether the conviction is classified as a misdemeanor or felony under Federal, State, tribal, or local law, in which such intoxicated or impaired driving was a cause of serious bodily injury or death of another person; (vii) the alien has been convicted of more than one offense for driving while intoxicated or impaired, as those terms are defined under the law of the jurisdiction where the conviction occurred (including a conviction for driving while under the influence of or impaired by alcohol or drugs), without regard to whether the conviction is classified as a misdemeanor or felony under Federal, State, tribal, or local law; (viii) the alien has been convicted of a crime— (I) that involves conduct amounting to a crime of stalking; (II) of child abuse, child neglect, or child abandonment; or (III) that involves conduct amounting to a domestic assault or battery offense, including— (aa) a misdemeanor crime of domestic violence, as described in section 921(a)(33) of title 18, United States Code; (bb) a crime of domestic violence, as described in section 40002(a)(12) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a)(12) (cc) any crime based on conduct in which the alien harassed, coerced, intimidated, voluntarily or recklessly used (or threatened to use) force or violence against, or inflicted physical injury or physical pain, however slight, upon a person— (AA) who is a current or former spouse of the alien; (BB) with whom the alien shares a child; (CC) who is cohabitating with, or who has cohabitated with, the alien as a spouse; (DD) who is similarly situated to a spouse of the alien under the domestic or family violence laws of the jurisdiction where the offense occurred; or (EE) who is protected from that alien’s acts under the domestic or family violence laws of the United States or of any State, tribal government, or unit of local government; (ix) the alien has engaged in acts of battery or extreme cruelty upon a person and the person— (I) is a current or former spouse of the alien; (II) shares a child with the alien; (III) cohabitates or has cohabitated with the alien as a spouse; (IV) is similarly situated to a spouse of the alien under the domestic or family violence laws of the jurisdiction where the offense occurred; or (V) is protected from that alien’s acts under the domestic or family violence laws of the United States or of any State, tribal government, or unit of local government; (x) the alien, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States; (xi) there are serious reasons for believing that the alien has committed a serious nonpolitical crime outside the United States prior to the arrival of the alien in the United States; (xii) there are reasonable grounds for regarding the alien as a danger to the security of the United States; (xiii) the alien is described in subclause (I), (II), (III), (IV), or (VI) of section 212(a)(3)(B)(i) or section 237(a)(4)(B) (relating to terrorist activity), unless, in the case only of an alien inadmissible under subclause (IV) of section 212(a)(3)(B)(i), the Secretary of Homeland Security or the Attorney General determines, in the Secretary’s or the Attorney General's discretion, that there are not reasonable grounds for regarding the alien as a danger to the security of the United States; (xiv) the alien was firmly resettled in another country prior to arriving in the United States; or (xv) there are reasonable grounds for concluding the alien could avoid persecution by relocating to another part of the alien’s country of nationality or, in the case of an alien having no nationality, another part of the alien’s country of last habitual residence. (B) Special rules (i) Particularly serious crime; serious nonpolitical crime outside the United States (I) In general For purposes of subparagraph (A)(x), the Attorney General or Secretary of Homeland Security, in their discretion, may determine that a conviction constitutes a particularly serious crime based on— (aa) the nature of the conviction; (bb) the type of sentence imposed; or (cc) the circumstances and underlying facts of the conviction. (II) Determination In making a determination under subclause (I), the Attorney General or Secretary of Homeland Security may consider all reliable information and is not limited to facts found by the criminal court or provided in the underlying record of conviction. (III) Treatment of felonies In making a determination under subclause (I), an alien who has been convicted of a felony (as defined under this section) or an aggravated felony (as defined under section 101(a)(43)), shall be considered to have been convicted of a particularly serious crime. (IV) Interpol Red Notice In making a determination under subparagraph (A)(xi), an Interpol Red Notice may constitute reliable evidence that the alien has committed a serious nonpolitical crime outside the United States. (ii) Crimes and exceptions (I) Driving while intoxicated or impaired A finding under subparagraph (A)(vi) does not require the Attorney General or Secretary of Homeland Security to find the first conviction for driving while intoxicated or impaired (including a conviction for driving while under the influence of or impaired by alcohol or drugs) as a predicate offense. The Attorney General or Secretary of Homeland Security need only make a factual determination that the alien previously was convicted for driving while intoxicated or impaired as those terms are defined under the jurisdiction where the conviction occurred (including a conviction for driving while under the influence of or impaired by alcohol or drugs). (II) Stalking and other crimes In making a determination under subparagraph (A)(viii), including determining the existence of a domestic relationship between the alien and the victim, the underlying conduct of the crime may be considered, and the Attorney General or Secretary of Homeland Security is not limited to facts found by the criminal court or provided in the underlying record of conviction. (III) Battery or extreme cruelty In making a determination under subparagraph (A)(ix), the phrase battery or extreme cruelty (aa) any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury; (bb) psychological or sexual abuse or exploitation, including rape, molestation, incest, or forced prostitution, shall be considered acts of violence; and (cc) other abusive acts, including acts that, in and of themselves, may not initially appear violent, but that are a part of an overall pattern of violence. (IV) Exception for victims of domestic violence An alien who was convicted of an offense described in clause (viii) or (ix) of subparagraph (A) is not ineligible for asylum on that basis if the alien satisfies the criteria under section 237(a)(7)(A). (C) Specific circumstances Paragraph (1) shall not apply to an alien whose claim is based on— (i) personal animus or retribution, including personal animus in which the alleged persecutor has not targeted, or manifested an animus against, other members of an alleged particular social group in addition to the member who has raised the claim at issue; (ii) the applicant’s generalized disapproval of, disagreement with, or opposition to criminal, terrorist, gang, guerilla, or other non-state organizations absent expressive behavior in furtherance of a discrete cause against such organizations related to control of a State or expressive behavior that is antithetical to the State or a legal unit of the State; (iii) the applicant’s resistance to recruitment or coercion by guerrilla, criminal, gang, terrorist, or other non-state organizations; (iv) the targeting of the applicant for criminal activity for financial gain based on wealth or affluence or perceptions of wealth or affluence; (v) the applicant’s criminal activity; or (vi) the applicant’s perceived, past or present, gang affiliation. (D) Definitions and clarifications (i) Definitions For purposes of this paragraph: (I) Felony The term felony (aa) any crime defined as a felony by the relevant jurisdiction (Federal, State, tribal, or local) of conviction; or (bb) any crime punishable by more than one year of imprisonment. (II) Misdemeanor The term misdemeanor (aa) any crime defined as a misdemeanor by the relevant jurisdiction (Federal, State, tribal, or local) of conviction; or (bb) any crime not punishable by more than one year of imprisonment. (ii) Clarifications (I) Construction For purposes of this paragraph, whether any activity or conviction also may constitute a basis for removal is immaterial to a determination of asylum eligibility. (II) Attempt, conspiracy, or solicitation For purposes of this paragraph, all references to a criminal offense or criminal conviction shall be deemed to include any attempt, conspiracy, or solicitation to commit the offense or any other inchoate form of the offense. (III) Effect of certain orders (aa) In general No order vacating a conviction, modifying a sentence, clarifying a sentence, or otherwise altering a conviction or sentence shall have any effect under this paragraph unless the Attorney General or Secretary of Homeland Security determines that— (AA) the court issuing the order had jurisdiction and authority to do so; and (BB) the order was not entered for rehabilitative purposes or for purposes of ameliorating the immigration consequences of the conviction or sentence. (bb) Ameliorating immigration consequences For purposes of item (aa)(BB), the order shall be presumed to be for the purpose of ameliorating immigration consequences if— (AA) the order was entered after the initiation of any proceeding to remove the alien from the United States; or (BB) the alien moved for the order more than one year after the date of the original order of conviction or sentencing, whichever is later. (cc) Authority of immigration judge An immigration judge is not limited to consideration only of material included in any order vacating a conviction, modifying a sentence, or clarifying a sentence to determine whether such order should be given any effect under this paragraph, but may consider such additional information as the immigration judge determines appropriate. (E) Additional limitations The Secretary of Homeland Security or the Attorney General may by regulation establish additional limitations and conditions, consistent with this section, under which an alien shall be ineligible for asylum under paragraph (1). (F) No judicial review There shall be no judicial review of a determination of the Secretary of Homeland Security or the Attorney General under subparagraph (A)(xiii). . 106. Employment authorization Paragraph (2) of section 208(d) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d) (2) Employment authorization (A) Authorization permitted An applicant for asylum is not entitled to employment authorization, but such authorization may be provided under regulation by the Secretary of Homeland Security. An applicant who is not otherwise eligible for employment authorization shall not be granted such authorization prior to the date that is 180 days after the date of filing of the application for asylum. (B) Termination Each grant of employment authorization under subparagraph (A), and any renewal or extension thereof, shall be valid for a period of 6 months, except that such authorization, renewal, or extension shall terminate prior to the end of such 6 month period as follows: (i) Immediately following the denial of an asylum application by an asylum officer, unless the case is referred to an immigration judge. (ii) 30 days after the date on which an immigration judge denies an asylum application, unless the alien timely appeals to the Board of Immigration Appeals. (iii) Immediately following the denial by the Board of Immigration Appeals of an appeal of a denial of an asylum application. (C) Renewal The Secretary of Homeland Security may not grant, renew, or extend employment authorization to an alien if the alien was previously granted employment authorization under subparagraph (A), and the employment authorization was terminated pursuant to a circumstance described in subparagraph (B)(i), (ii), or (iii), unless a Federal court of appeals remands the alien’s case to the Board of Immigration Appeals. (D) Ineligibility The Secretary of Homeland Security may not grant employment authorization to an alien under this paragraph if the alien— (i) is ineligible for asylum under subsection (b)(2)(A); or (ii) entered or attempted to enter the United States at a place and time other than lawfully through a United States port of entry. . 107. Asylum fees Paragraph (3) of section 208(d) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d) (3) Fees (A) Application fee A fee of not less than $50 for each application for asylum shall be imposed. Such fee shall not exceed the cost of adjudicating the application. Such fee shall not apply to an unaccompanied alien child who files an asylum application in proceedings under section 240. (B) Employment authorization A fee may also be imposed for the consideration of an application for employment authorization under this section and for adjustment of status under section 209(b). Such a fee shall not exceed the cost of adjudicating the application. (C) Payment Fees under this paragraph may be assessed and paid over a period of time or by installments. (D) Rule of construction Nothing in this paragraph shall be construed to limit the authority of the Attorney General or Secretary of Homeland Security to set adjudication and naturalization fees in accordance with section 286(m). . 108. Rules for determining asylum eligibility Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 (f) Rules for determining asylum eligibility In making a determination under subsection (b)(1)(A) with respect to whether an alien is a refugee within the meaning of section 101(a)(42)(A), the following shall apply: (1) Particular social group The Secretary of Homeland Security or the Attorney General shall not determine that an alien is a member of a particular social group unless the alien articulates on the record, or provides a basis on the record for determining, the definition and boundaries of the alleged particular social group, establishes that the particular social group exists independently from the alleged persecution, and establishes that the alien’s claim of membership in a particular social group does not involve— (A) past or present criminal activity or association (including gang membership); (B) presence in a country with generalized violence or a high crime rate; (C) being the subject of a recruitment effort by criminal, terrorist, or persecutory groups; (D) the targeting of the applicant for criminal activity for financial gain based on perceptions of wealth or affluence; (E) interpersonal disputes of which governmental authorities in the relevant society or region were unaware or uninvolved; (F) private criminal acts of which governmental authorities in the relevant society or region were unaware or uninvolved; (G) past or present terrorist activity or association; (H) past or present persecutory activity or association; or (I) status as an alien returning from the United States. (2) Political opinion The Secretary of Homeland Security or the Attorney General may not determine that an alien holds a political opinion with respect to which the alien is subject to persecution if the political opinion is constituted solely by generalized disapproval of, disagreement with, or opposition to criminal, terrorist, gang, guerilla, or other non-state organizations and does not include expressive behavior in furtherance of a cause against such organizations related to efforts by the State to control such organizations or behavior that is antithetical to or otherwise opposes the ruling legal entity of the State or a unit thereof. (3) Persecution The Secretary of Homeland Security or the Attorney General may not determine that an alien has been subject to persecution or has a well-founded fear of persecution based only on— (A) the existence of laws or government policies that are unenforced or infrequently enforced, unless there is credible evidence that such a law or policy has been or would be applied to the applicant personally; or (B) the conduct of rogue foreign government officials acting outside the scope of their official capacity. (4) Discretionary determination (A) Adverse discretionary factors The Secretary of Homeland Security or the Attorney General may only grant asylum to an alien if the alien establishes that he or she warrants a favorable exercise of discretion. In making such a determination, the Attorney General or Secretary of Homeland Security shall consider, if applicable, an alien’s use of fraudulent documents to enter the United States, unless the alien arrived in the United States by air, sea, or land directly from the applicant’s home country without transiting through any other country. (B) Favorable exercise of discretion not permitted Except as provided in subparagraph (C), the Attorney General or Secretary of Homeland Security shall not favorably exercise discretion under this section for any alien who— (i) has accrued more than one year of unlawful presence in the United States, as defined in sections 212(a)(9)(B)(ii) and (iii), prior to filing an application for asylum; (ii) at the time the asylum application is filed with the immigration court or is referred from the Department of Homeland Security, has— (I) failed to timely file (or timely file a request for an extension of time to file) any required Federal, State, or local income tax returns; (II) failed to satisfy any outstanding Federal, State, or local tax obligations; or (III) income that would result in tax liability under section 1 (iii) has had two or more prior asylum applications denied for any reason; (iv) has withdrawn a prior asylum application with prejudice or been found to have abandoned a prior asylum application; (v) failed to attend an interview regarding his or her asylum application with the Department of Homeland Security, unless the alien shows by a preponderance of the evidence that— (I) exceptional circumstances prevented the alien from attending the interview; or (II) the interview notice was not mailed to the last address provided by the alien or the alien’s representative and neither the alien nor the alien’s representative received notice of the interview; or (vi) was subject to a final order of removal, deportation, or exclusion and did not file a motion to reopen to seek asylum based on changed country conditions within one year of the change in country conditions. (C) Exceptions If one or more of the adverse discretionary factors set forth in subparagraph (B) are present, the Attorney General or the Secretary, may, notwithstanding such subparagraph (B), favorably exercise discretion under section 208— (i) in extraordinary circumstances, such as those involving national security or foreign policy considerations; or (ii) if the alien, by clear and convincing evidence, demonstrates that the denial of the application for asylum would result in exceptional and extremely unusual hardship to the alien. (5) Limitation If the Secretary or the Attorney General determines that an alien fails to satisfy the requirement under paragraph (1), the alien may not be granted asylum based on membership in a particular social group, and may not appeal the determination of the Secretary or Attorney General, as applicable. A determination under this paragraph shall not serve as the basis for any motion to reopen or reconsider an application for asylum or withholding of removal for any reason, including a claim of ineffective assistance of counsel, unless the alien complies with the procedural requirements for such a motion and demonstrates that counsel’s failure to define, or provide a basis for defining, a formulation of a particular social group was both not a strategic choice and constituted egregious conduct. (6) Stereotypes Evidence offered in support of an application for asylum that promotes cultural stereotypes about a country, its inhabitants, or an alleged persecutor, including stereotypes based on race, religion, nationality, or gender, shall not be admissible in adjudicating that application, except that evidence that an alleged persecutor holds stereotypical views of the applicant shall be admissible. (7) Definitions In this section: (A) The term membership in a particular social group (i) composed of members who share a common immutable characteristic; (ii) defined with particularity; and (iii) socially distinct within the society in question. (B) The term political opinion (C) The term persecution (i) generalized harm or violence that arises out of civil, criminal, or military strife in a country; (ii) all treatment that the United States regards as unfair, offensive, unjust, unlawful, or unconstitutional; (iii) intermittent harassment, including brief detentions; (iv) threats with no actual effort to carry out the threats, except that particularized threats of severe harm of an immediate and menacing nature made by an identified entity may constitute persecution; or (v) non-severe economic harm or property damage. . 109. Firm resettlement Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 (g) Firm resettlement In determining whether an alien was firmly resettled in another country prior to arriving in the United States under subsection (b)(2)(A)(xiv), the following shall apply: (1) In general An alien shall be considered to have firmly resettled in another country if, after the events giving rise to the alien’s asylum claim— (A) the alien resided in a country through which the alien transited prior to arriving in or entering the United States and— (i) received or was eligible for any permanent legal immigration status in that country; (ii) resided in such a country with any non-permanent but indefinitely renewable legal immigration status (including asylee, refugee, or similar status, but excluding status of a tourist); or (iii) resided in such a country and could have applied for and obtained an immigration status described in clause (ii); (B) the alien physically resided voluntarily, and without continuing to suffer persecution or torture, in any one country for one year or more after departing his country of nationality or last habitual residence and prior to arrival in or entry into the United States, except for any time spent in Mexico by an alien who is not a native or citizen of Mexico solely as a direct result of being returned to Mexico pursuant to section 235(b)(3) or of being subject to metering; or (C) the alien is a citizen of a country other than the country in which the alien alleges a fear of persecution, or was a citizen of such a country in the case of an alien who renounces such citizenship, and the alien was present in that country after departing his country of nationality or last habitual residence and prior to arrival in or entry into the United States; (2) Burden of proof If an immigration judge determines that an alien has firmly resettled in another country under paragraph (1), the alien shall bear the burden of proving the bar does not apply. (3) Firm resettlement of parent An alien shall be presumed to have been firmly resettled in another country if the alien’s parent was firmly resettled in another country, the parent’s resettlement occurred before the alien turned 18 years of age, and the alien resided with such parent at the time of the firm resettlement, unless the alien establishes that he or she could not have derived any permanent legal immigration status or any non-permanent but indefinitely renewable legal immigration status (including asylum, refugee, or similar status, but excluding status of a tourist) from the alien’s parent. . 110. Notice concerning frivolous asylum applications (a) In general Section 208(d)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(4) (1) in the matter preceding subparagraph (A), by inserting the Secretary of Homeland Security or the Attorney General (2) in subparagraph (A), by striking and of the consequences, under paragraph (6), of knowingly filing a frivolous application for asylum; and (3) in subparagraph (B), by striking the period and inserting ; and (4) by adding at the end the following: (C) ensure that a written warning appears on the asylum application advising the alien of the consequences of filing a frivolous application and serving as notice to the alien of the consequence of filing a frivolous application. . (b) Conforming amendment Section 208(d)(6) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(6) If the (A) In general If the Secretary of Homeland Security or the Attorney General determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph (4)(C), the alien shall be permanently ineligible for any benefits under this chapter, effective as the date of the final determination of such an application. (B) Criteria An application is frivolous if the Secretary of Homeland Security or the Attorney General determines, consistent with subparagraph (C), that— (i) it is so insufficient in substance that it is clear that the applicant knowingly filed the application solely or in part to delay removal from the United States, to seek employment authorization as an applicant for asylum pursuant to regulations issued pursuant to paragraph (2), or to seek issuance of a Notice to Appear in order to pursue Cancellation of Removal under section 240A(b); or (ii) any of the material elements are knowingly fabricated. (C) Sufficient opportunity to clarify In determining that an application is frivolous, the Secretary or the Attorney General, must be satisfied that the applicant, during the course of the proceedings, has had sufficient opportunity to clarify any discrepancies or implausible aspects of the claim. (D) Withholding of removal not precluded For purposes of this section, a finding that an alien filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal under section 241(b)(3) or protection pursuant to the Convention Against Torture. . 111. Technical amendments Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 (1) in subsection (a)— (A) in paragraph (2)(D), by inserting Secretary of Homeland Security or the Attorney General (B) in paragraph (3), by inserting Secretary of Homeland Security or the Attorney General (2) in subsection (c)— (A) in paragraph (1), by striking Attorney General Secretary of Homeland Security (B) in paragraph (2), in the matter preceding subparagraph (A), by inserting Secretary of Homeland Security or the Attorney General (C) in paragraph (3), by inserting Secretary of Homeland Security or the Attorney General (3) in subsection (d)— (A) in paragraph (1), by inserting Secretary of Homeland Security or the Attorney General (B) in paragraph (5)— (i) in subparagraph (A), by striking Attorney General Secretary of Homeland Security (ii) in subparagraph (B), by inserting Secretary of Homeland Security or the Attorney General 112. Requirement for procedures relating to certain asylum applications (a) In general Not later than 30 days after the date of the enactment of this Act, the Attorney General shall establish procedures to expedite the adjudication of asylum applications for aliens— (1) who are subject to removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a (2) who are nationals of a Western Hemisphere country sanctioned by the United States, as described in subsection (b), as of January 1, 2023. (b) Western Hemisphere country sanctioned by the United States described Subsection (a) shall apply only to an asylum application filed by an alien who is a national of a Western Hemisphere country subject to sanctions pursuant to— (1) the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 ( 22 U.S.C. 6021 (2) the Reinforcing Nicaragua's Adherence to Conditions for Electoral Reform Act of 2021 or the RENACER Act ( 50 U.S.C. 1701 (3) Executive Order 13692 (80 Fed. Reg. 12747; declaring a national emergency with respect to the situation in Venezuela). (c) Applicability This section shall only apply to an alien who files an application for asylum after the date of the enactment of this Act. II Border Safety and Migrant Protection 201. Short title This title may be cited as the Border Security and Enforcement Act of 2023 202. Inspection of applicants for admission Section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) in clauses (i) and (ii), by striking section 212(a)(6)(C) subparagraph (A) or (C) of section 212(a)(6) (II) by adding at the end the following: (iv) Ineligibility for parole An alien described in clause (i) or (ii) shall not be eligible for parole except as expressly authorized pursuant to section 212(d)(5), or for parole or release pursuant to section 236(a). ; and (ii) in subparagraph (B)— (I) in clause (ii), by striking asylum. asylum and shall not be released (including pursuant to parole or release pursuant to section 236(a) but excluding as expressly authorized pursuant to section 212(d)(5)) other than to be removed or returned to a country as described in paragraph (3). (II) in clause (iii)(IV)— (aa) in the header by striking detention detention, return, or removal (bb) by adding at the end the following: The alien shall not be released (including pursuant to parole or release pursuant to section 236(a) but excluding as expressly authorized pursuant to section 212(d)(5)) other than to be removed or returned to a country as described in paragraph (3). (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking Subject to subparagraphs (B) and (C), Subject to subparagraph (B) and paragraph (3), (II) by adding at the end the following: The alien shall not be released (including pursuant to parole or release pursuant to section 236(a) but excluding as expressly authorized pursuant to section 212(d)(5)) other than to be removed or returned to a country as described in paragraph (3). (ii) by striking subparagraph (C); (C) by redesignating paragraph (3) as paragraph (5); and (D) by inserting after paragraph (2) the following: (3) Return to foreign territory contiguous to the United States (A) In general The Secretary of Homeland Security may return to a foreign territory contiguous to the United States any alien arriving on land from that territory (whether or not at a designated port of entry) pending a proceeding under section 240 or review of a determination under subsection (b)(1)(B)(iii)(III). (B) Mandatory return If at any time the Secretary of Homeland Security cannot— (i) comply with its obligations to detain an alien as required under clause (ii) and (iii)(IV) of subsection (b)(1)(B) and subsection (b)(2)(A); or (ii) remove an alien to a country described in section 208(a)(2)(A), the Secretary of Homeland Security shall, without exception, including pursuant to parole or release pursuant to section 236(a) but excluding as expressly authorized pursuant to section 212(d)(5), return to a foreign territory contiguous to the United States any alien arriving on land from that territory (whether or not at a designated port of entry) pending a proceeding under section 240 or review of a determination under subsection (b)(1)(B)(iii)(III). (4) Enforcement by state attorneys general The attorney general of a State, or other authorized State officer, alleging a violation of the detention, return, or removal requirements under paragraph (1), (2), or (3) that affects such State or its residents, may bring an action against the Secretary of Homeland Security on behalf of the residents of the State in an appropriate United States district court to obtain appropriate injunctive relief. ; and (2) by adding at the end the following: (e) Authority to prohibit introduction of certain aliens If the Secretary of Homeland Security determines, in his discretion, that the prohibition of the introduction of aliens who are inadmissible under subparagraph (A) or (C) of section 212(a)(6) or under section 212(a)(7) at an international land or maritime border of the United States is necessary to achieve operational control (as defined in section 2 of the Secure Fence Act of 2006 ( 8 U.S.C. 1701 . 203. Operational detention facilities (a) In general Not later than September 30, 2023, the Secretary of Homeland Security shall take all necessary actions to reopen or restore all U.S. Immigration and Customs Enforcement detention facilities that were in operation on January 20, 2021, that subsequently closed or with respect to which the use was altered, reduced, or discontinued after January 20, 2021. In carrying out the requirement under this subsection, the Secretary may use the authority under section 103(a)(11) of the Immigration and Nationality Act ( 8 U.S.C. 1103(a)(11) (b) Specific facilities The requirement under subsection (a) shall include at a minimum, reopening, or restoring, the following facilities: (1) Irwin County Detention Center in Georgia. (2) C. Carlos Carreiro Immigration Detention Center in Bristol County, Massachusetts. (3) Etowah County Detention Center in Gadsden, Alabama. (4) Glades County Detention Center in Moore Haven, Florida. (5) South Texas Family Residential Center. (c) Exception (1) In general Except as provided in paragraphs (2) and (3), the Secretary of Homeland Security is authorized to obtain equivalent capacity for detention facilities at locations other than those listed in subsection (b). (2) Limitation The Secretary may not take action under paragraph (1) unless the capacity obtained would result in a reduction of time and cost relative to the cost and time otherwise required to obtain such capacity. (3) South Texas family residential center The exception under paragraph (1) shall not apply to the South Texas Family Residential Center. The Secretary shall take all necessary steps to modify and operate the South Texas Family Residential Center in the same manner and capability it was operating on January 20, 2021. (d) Periodic report Not later than 90 days after the date of enactment of this Act, and every 90 days thereafter until September 30, 2027, the Secretary of Homeland Security shall submit to the appropriate congressional committees a detailed plan for and a status report on— (1) compliance with the deadline under subsection (a); (2) the increase in detention capabilities required by this section— (A) for the 90 day period immediately preceding the date such report is submitted; and (B) for the period beginning on the first day of the fiscal year during which the report is submitted, and ending on the date such report is submitted; (3) the number of detention beds that were used and the number of available detention beds that were not used during— (A) the 90 day period immediately preceding the date such report is submitted; and (B) the period beginning on the first day of the fiscal year during which the report is submitted, and ending on the date such report is submitted; (4) the number of aliens released due to a lack of available detention beds; and (5) the resources the Department of Homeland Security needs in order to comply with the requirements under this section. (e) Notification The Secretary of Homeland Security shall notify Congress, and include with such notification a detailed description of the resources the Department of Homeland Security needs in order to detain all aliens whose detention is mandatory or nondiscretionary under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (1) not later than 5 days after all U.S. Immigration and Customs Enforcement detention facilities reach 90 percent of capacity; (2) not later than 5 days after all U.S. Immigration and Customs Enforcement detention facilities reach 95 percent of capacity; and (3) not later than 5 days after all U.S. Immigration and Customs Enforcement detention facilities reach full capacity. (f) Appropriate congressional committees The term appropriate congressional committees (1) the Committee on the Judiciary of the House of Representatives; (2) the Committee on Appropriations of the House of Representatives; (3) the Committee on the Judiciary of the Senate; and (4) the Committee on Appropriations of the Senate. III Ensuring United Families at the Border 301. Short title This title may be cited as the Ensuring United Families at the Border Act 302. Clarification of standards for family detention (a) In general Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 (j) Construction (1) In general Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, the detention of any alien child who is not an unaccompanied alien child shall be governed by sections 217, 235, 236, and 241 of the Immigration and Nationality Act ( 8 U.S.C. 1187 (2) Family detention The Secretary of Homeland Security shall— (A) maintain the care and custody of an alien, during the period during which the charges described in clause (i) are pending, who— (i) is charged only with a misdemeanor offense under section 275(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) (ii) entered the United States with the alien’s child who has not attained 18 years of age; and (B) detain the alien with the alien’s child. . (b) Sense of Congress It is the sense of Congress that the amendments in this section to section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 (c) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to all actions that occur before, on, or after the date of the enactment of this Act. (d) Preemption of State licensing requirements Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, no State may require that an immigration detention facility used to detain children who have not attained 18 years of age, or families consisting of one or more of such children and the parents or legal guardians of such children, that is located in that State, be licensed by the State or any political subdivision thereof. IV Protection of Children 401. Short title This title may be cited as the Protection of Children Act of 2023 402. Findings Congress makes the following findings: (1) Implementation of the provisions of the Trafficking Victims Protection Reauthorization Act of 2008 that govern unaccompanied alien children has incentivized multiple surges of unaccompanied alien children arriving at the southwest border in the years since the bill’s enactment. (2) The provisions of the Trafficking Victims Protection Reauthorization Act of 2008 that govern unaccompanied alien children treat unaccompanied alien children from countries that are contiguous to the United States disparately by swiftly returning them to their home country absent indications of trafficking or a credible fear of return, but allowing for the release of unaccompanied alien children from noncontiguous countries into the interior of the United States, often to those individuals who paid to smuggle them into the country in the first place. (3) The provisions of the Trafficking Victims Protection Reauthorization Act of 2008 governing unaccompanied alien children have enriched the cartels, who profit hundreds of millions of dollars each year by smuggling unaccompanied alien children to the southwest border, exploiting and sexually abusing many such unaccompanied alien children on the perilous journey. (4) Prior to 2008, the number of unaccompanied alien children encountered at the southwest border never exceeded 1,000 in a single year. (5) The United States is currently in the midst of the worst crisis of unaccompanied alien children in our nation’s history, with over 350,000 such unaccompanied alien children encountered at the southwest border since Joe Biden became President. (6) In 2022, during the Biden Administration, 152,057 unaccompanied alien children were encountered, the most ever in a single year and an over 400 percent increase compared to the last full fiscal year of the Trump Administration in which 33,239 unaccompanied alien children were encountered. (7) The Biden Administration has lost contact with at least 85,000 unaccompanied alien children who entered the United States since Joe Biden took office. (8) The Biden Administration dismantled effective safeguards put in place by the Trump Administration that protected unaccompanied alien children from being abused by criminals or exploited for illegal and dangerous child labor. (9) A recent New York Times investigation found that unaccompanied alien children are being exploited in the labor market and are ending up in some of the most punishing jobs in the country. (10) The Times investigation found unaccompanied alien children, under intense pressure to earn money send cash back to their families while often being in debt to their sponsors for smuggling fees, rent, and living expenses, that they had become trapped in circumstances they never could have imagined. (11) The Biden Administration’s Department of Health and Human Services Secretary Xavier Becerra compared placing unaccompanied alien children with sponsors, to widgets in an assembly line, stating that, If Henry Ford had seen this in his plant, he would have never become famous and rich. This is not the way you do an assembly line. (12) Department of Health and Human Services employees working under Secretary Xavier Becerra’s leadership penned a July 2021 memorandum expressing serious concern that labor trafficking was increasing one that rewards individuals for making quick releases, and not one that rewards individuals for preventing unsafe releases. (13) Despite this, Secretary Xavier Becerra pressured then-Director of the Office of Refugee Resettlement Cindy Huang to prioritize releases of unaccompanied alien children over ensuring their safety, telling her if she could not increase the number of discharges he would find someone who could (14) In June 2014, the Obama-Biden Administration requested legal authority to exercise discretion in returning and removing unaccompanied alien children from non-contiguous countries back to their home countries. (15) In August 2014, the House of Representatives passed H.R. 5320, which included the Protection of Children Act. (16) The Protection of Children Act of 2023 ends the disparate policies of the Trafficking Victims Protection Reauthorization Act of 2008 by ensuring the swift return of all unaccompanied alien children to their country of origin if they are not victims of trafficking and do not have a fear of return. 403. Repatriation of unaccompanied alien children (a) In general Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 (1) in subsection (a)— (A) in paragraph (2)— (i) by amending the heading to read as follows: Rules for unaccompanied alien children.— (ii) in subparagraph (A)— (I) in the matter preceding clause (i), by striking who is a national or habitual resident of a country that is contiguous with the United States (II) in clause (i), by inserting and (III) in clause (ii), by striking ; and (IV) by striking clause (iii); and (iii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking ( 8 U.S.C. 1101 et seq. ( 8 U.S.C. 1101 et seq. (II) in clause (i), by inserting before permit such child to withdraw may (III) in clause (ii), by inserting before return such child shall (B) in paragraph (5)(D)— (i) in the matter preceding clause (i), by striking , except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection (a)(2), who does not meet the criteria listed in paragraph (2)(A) (ii) in clause (i), by inserting before the semicolon at the end the following: , which shall include a hearing before an immigration judge not later than 14 days after being screened under paragraph (4) (2) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A), by inserting before the semicolon the following: believed not to meet the criteria listed in subsection (a)(2)(A) (ii) in subparagraph (B), by inserting before the period the following: and does not meet the criteria listed in subsection (a)(2)(A) (B) in paragraph (3), by striking an unaccompanied alien child in custody shall an unaccompanied alien child in custody— (A) in the case of a child who does not meet the criteria listed in subsection (a)(2)(A), shall transfer the custody of such child to the Secretary of Health and Human Services not later than 30 days after determining that such child is an unaccompanied alien child who does not meet such criteria; or (B) in the case of a child who meets the criteria listed in subsection (a)(2)(A), may transfer the custody of such child to the Secretary of Health and Human Services after determining that such child is an unaccompanied alien child who meets such criteria. ; and (3) in subsection (c)— (A) in paragraph (3), by inserting at the end the following: (D) Information about individuals with whom children are placed (i) Information to be provided to homeland security Before placing a child with an individual, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security, regarding the individual with whom the child will be placed, information on— (I) the name of the individual; (II) the social security number of the individual; (III) the date of birth of the individual; (IV) the location of the individual’s residence where the child will be placed; (V) the immigration status of the individual, if known; and (VI) contact information for the individual. (ii) Activities of the secretary of homeland security Not later than 30 days after receiving the information listed in clause (i), the Secretary of Homeland Security, upon determining that an individual with whom a child is placed is unlawfully present in the United States and not in removal proceedings pursuant to chapter 4 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1221 et seq. ; and (B) in paragraph (5)— (i) by inserting after to the greatest extent practicable (at no expense to the Government) (ii) by striking have counsel to represent them have access to counsel to represent them (b) Effective date The amendments made by this section shall apply to any unaccompanied alien child apprehended on or after the date that is 30 days after the date of enactment of this Act. 404. Special immigrant juvenile status for immigrants unable to reunite with either parent Section 101(a)(27)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J) (1) in clause (i), by striking , and whose reunification with 1 or both of the immigrant's parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law (2) in clause (iii)— (A) in subclause (I), by striking and (B) in subclause (II), by inserting and (C) by adding at the end the following: (III) an alien may not be granted special immigrant status under this subparagraph if the alien’s reunification with any one parent or legal guardian is not precluded by abuse, neglect, abandonment, or any similar cause under State law; . 405. Rule of construction Nothing in this title shall be construed to limit the following procedures or practices relating to an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) (1) Screening of such a child for a credible fear of return to his or her country of origin. (2) Screening of such a child to determine whether he or she was a victim of trafficking. (3) Department of Health and Human Services policy in effect on the date of the enactment of this Act requiring a home study for such a child if he or she is under 12 years of age. V Visa Overstays Penalties 501. Short title This title may be cited as the Visa Overstays Penalties Act 502. Expanded penalties for illegal entry or presence Section 275 of the Immigration and Nationality Act ( 8 U.S.C. 1325 (1) in subsection (a) by inserting after for a subsequent commission of any such offense or if the alien was previously convicted of an offense under subsection (e)(2)(A) (2) in subsection (b)— (A) in paragraph (1), by striking at least $50 and not more than $250 not less than $500 and not more than $1,000 (B) in paragraph (2), by inserting after in the case of an alien who has been previously subject to a civil penalty under this subsection or subsection (e)(2)(B) (3) by adding at the end the following: (e) Visa overstays (1) In general An alien who was admitted as a nonimmigrant has violated this paragraph if the alien, for an aggregate of 10 days or more, has failed— (A) to maintain the nonimmigrant status in which the alien was admitted, or to which it was changed under section 248, including complying with the period of stay authorized by the Secretary of Homeland Security in connection with such status; or (B) to comply otherwise with the conditions of such nonimmigrant status. (2) Penalties An alien who has violated paragraph (1)— (A) shall— (i) for the first commission of such a violation, be fined under title 18, United States Code, or imprisoned not more than 6 months, or both; and (ii) for a subsequent commission of such a violation, or if the alien was previously convicted of an offense under subsection (a), be fined under such title 18, or imprisoned not more than 2 years, or both; and (B) in addition to, and not in lieu of, any penalty under subparagraph (A) and any other criminal or civil penalties that may be imposed, shall be subject to a civil penalty of— (i) not less than $500 and not more than $1,000 for each violation; or (ii) twice the amount specified in clause (i), in the case of an alien who has been previously subject to a civil penalty under this subparagraph or subsection (b). . VI Immigration Parole Reform 601. Short title This title may be cited as the Immigration Parole Reform Act of 2023 602. Immigration parole reform Section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) (5) (A) Except as provided in subparagraphs (B) and (C) and section 214(f), the Secretary of Homeland Security, in the discretion of the Secretary, may temporarily parole into the United States any alien applying for admission to the United States who is not present in the United States, under such conditions as the Secretary may prescribe, on a case-by-case basis, and not according to eligibility criteria describing an entire class of potential parole recipients, for urgent humanitarian reasons or significant public benefit. Parole granted under this subparagraph may not be regarded as an admission of the alien. When the purposes of such parole have been served in the opinion of the Secretary, the alien shall immediately return or be returned to the custody from which the alien was paroled. After such return, the case of the alien shall be dealt with in the same manner as the case of any other applicant for admission to the United States. (B) The Secretary of Homeland Security may grant parole to any alien who— (i) is present in the United States without lawful immigration status; (ii) is the beneficiary of an approved petition under section 203(a); (iii) is not otherwise inadmissible or removable; and (iv) is the spouse or child of a member of the Armed Forces serving on active duty. (C) The Secretary of Homeland Security may grant parole to any alien— (i) who is a national of the Republic of Cuba and is living in the Republic of Cuba; (ii) who is the beneficiary of an approved petition under section 203(a); (iii) for whom an immigrant visa is not immediately available; (iv) who meets all eligibility requirements for an immigrant visa; (v) who is not otherwise inadmissible; and (vi) who is receiving a grant of parole in furtherance of the commitment of the United States to the minimum level of annual legal migration of Cuban nationals to the United States specified in the U.S.–Cuba Joint Communiqué on Migration, done at New York September 9, 1994, and reaffirmed in the Cuba-United States: Joint Statement on Normalization of Migration, Building on the Agreement of September 9, 1994, done at New York May 2, 1995. (D) The Secretary of Homeland Security may grant parole to an alien who is returned to a contiguous country under section 235(b)(3) to allow the alien to attend the alien’s immigration hearing. The grant of parole shall not exceed the time required for the alien to be escorted to, and attend, the alien’s immigration hearing scheduled on the same calendar day as the grant, and to immediately thereafter be escorted back to the contiguous country. A grant of parole under this subparagraph shall not be considered for purposes of determining whether the alien is inadmissible under this Act. (E) For purposes of determining an alien's eligibility for parole under subparagraph (A), an urgent humanitarian reason shall be limited to circumstances in which the alien establishes that— (i) (I) the alien has a medical emergency; and (II) (aa) the alien cannot obtain necessary treatment in the foreign state in which the alien is residing; or (bb) the medical emergency is life-threatening and there is insufficient time for the alien to be admitted to the United States through the normal visa process; (ii) the alien is the parent or legal guardian of an alien described in clause (i) and the alien described in clause (i) is a minor; (iii) the alien is needed in the United States in order to donate an organ or other tissue for transplant and there is insufficient time for the alien to be admitted to the United States through the normal visa process; (iv) the alien has a close family member in the United States whose death is imminent and the alien could not arrive in the United States in time to see such family member alive if the alien were to be admitted to the United States through the normal visa process; (v) the alien is seeking to attend the funeral of a close family member and the alien could not arrive in the United States in time to attend such funeral if the alien were to be admitted to the United States through the normal visa process; (vi) the alien is an adopted child with an urgent medical condition who is in the legal custody of the petitioner for a final adoption-related visa and whose medical treatment is required before the expected award of a final adoption-related visa; or (vii) the alien is a lawful applicant for adjustment of status under section 245 and is returning to the United States after temporary travel abroad. (F) For purposes of determining an alien's eligibility for parole under subparagraph (A), a significant public benefit may be determined to result from the parole of an alien only if— (i) the alien has assisted (or will assist, whether knowingly or not) the United States Government in a law enforcement matter; (ii) the alien’s presence is required by the Government in furtherance of such law enforcement matter; and (iii) the alien is inadmissible, does not satisfy the eligibility requirements for admission as a nonimmigrant, or there is insufficient time for the alien to be admitted to the United States through the normal visa process. (G) For purposes of determining an alien's eligibility for parole under subparagraph (A), the term case-by-case basis case-by-case basis (H) The Secretary of Homeland Security may not use the parole authority under this paragraph to parole an alien into the United States for any reason or purpose other than those described in subparagraphs (B), (C), (D), (E), and (F). (I) An alien granted parole may not accept employment, except that an alien granted parole pursuant to subparagraph (B) or (C) is authorized to accept employment for the duration of the parole, as evidenced by an employment authorization document issued by the Secretary of Homeland Security. (J) Parole granted after a departure from the United States shall not be regarded as an admission of the alien. An alien granted parole, whether as an initial grant of parole or parole upon reentry into the United States, is not eligible to adjust status to lawful permanent residence or for any other immigration benefit if the immigration status the alien had at the time of departure did not authorize the alien to adjust status or to be eligible for such benefit. (K) (i) Except as provided in clauses (ii) and (iii), parole shall be granted to an alien under this paragraph for the shorter of— (I) a period of sufficient length to accomplish the activity described in subparagraph (D), (E), or (F) for which the alien was granted parole; or (II) 1 year. (ii) Grants of parole pursuant to subparagraph (A) may be extended once, in the discretion of the Secretary, for an additional period that is the shorter of— (I) the period that is necessary to accomplish the activity described in subparagraph (E) or (F) for which the alien was granted parole; or (II) 1 year. (iii) Aliens who have a pending application to adjust status to permanent residence under section 245 may request extensions of parole under this paragraph, in 1-year increments, until the application for adjustment has been adjudicated. Such parole shall terminate immediately upon the denial of such adjustment application. (L) Not later than 90 days after the last day of each fiscal year, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate Committee on the Judiciary of the House of Representatives (i) identifying the total number of aliens paroled into the United States under this paragraph during the previous fiscal year; and (ii) containing information and data regarding all aliens paroled during such fiscal year, including— (I) the duration of parole; (II) the type of parole; and (III) the current status of the aliens so paroled. . 603. Implementation (a) In general Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date that is 30 days after the date of the enactment of this Act. (b) Exceptions Notwithstanding subsection (a), each of the following exceptions apply: (1) Any application for parole or advance parole filed by an alien before the date of the enactment of this Act shall be adjudicated under the law that was in effect on the date on which the application was properly filed and any approved advance parole shall remain valid under the law that was in effect on the date on which the advance parole was approved. (2) Section 212(d)(5)(J) of the Immigration and Nationality Act, as added by section 2, shall take effect on the date of the enactment of this Act. (3) Aliens who were paroled into the United States pursuant to section 212(d)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5)(A) 604. Cause of action Any person, State, or local government that experiences financial harm in excess of $1,000 due to a failure of the Federal Government to lawfully apply the provisions of this Act or the amendments made by this Act shall have standing to bring a civil action against the Federal Government in an appropriate district court of the United States for appropriate relief. 605. Severability If any provision of this Act or any amendment by this Act, or the application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of such provision or amendment to any other person or circumstance shall not be affected. VII Legal Workforce 701. Short title This title may be cited as the Legal Workforce Act 702. Employment eligibility verification process (a) In general Section 274A(b) of the Immigration and Nationality Act 8 U.S.C. 1324a(b) (b) Employment eligibility verification process (1) New hires, recruitment, and referral The requirements referred to in paragraphs (1)(B) and (3) of subsection (a) are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the following: (A) Attestation after examination of documentation (i) Attestation During the verification period (as defined in subparagraph (E)), the person or entity shall attest, under penalty of perjury and on a form, including electronic format, designated or established by the Secretary by regulation not later than 6 months after the date of the enactment of the Legal Workforce Act, that it has verified that the individual is not an unauthorized alien by— (I) obtaining from the individual the individual’s social security account number or United States passport number and recording the number on the form (if the individual claims to have been issued such a number), and, if the individual does not attest to United States nationality under subparagraph (B), obtaining such identification or authorization number established by the Department of Homeland Security for the alien as the Secretary of Homeland Security may specify, and recording such number on the form; and (II) examining— (aa) a document relating to the individual presenting it described in clause (ii); or (bb) a document relating to the individual presenting it described in clause (iii) and a document relating to the individual presenting it described in clause (iv). (ii) Documents evidencing employment authorization and establishing identity A document described in this subparagraph is an individual’s— (I) unexpired United States passport or passport card; (II) unexpired permanent resident card that contains a photograph; (III) unexpired employment authorization card that contains a photograph; (IV) in the case of a nonimmigrant alien authorized to work for a specific employer incident to status, a foreign passport with Form I–94 or Form I–94A, or other documentation as designated by the Secretary specifying the alien’s nonimmigrant status as long as the period of status has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified in the documentation; (V) passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I–94 or Form I–94A, or other documentation as designated by the Secretary, indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI; or (VI) other document designated by the Secretary of Homeland Security, if the document— (aa) contains a photograph of the individual and biometric identification data from the individual and such other personal identifying information relating to the individual as the Secretary of Homeland Security finds, by regulation, sufficient for purposes of this clause; (bb) is evidence of authorization of employment in the United States; and (cc) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use. (iii) Documents evidencing employment authorization A document described in this subparagraph is an individual's social security account number card (other than such a card which specifies on the face that the issuance of the card does not authorize employment in the United States). (iv) Documents establishing identity of individual A document described in this subparagraph is— (I) an individual's unexpired State issued driver’s license or identification card if it contains a photograph and information such as name, date of birth, gender, height, eye color, and address; (II) an individual's unexpired U.S. military identification card; (III) an individual's unexpired Native American tribal identification document issued by a tribal entity recognized by the Bureau of Indian Affairs; or (IV) in the case of an individual under 18 years of age, a parent or legal guardian’s attestation under penalty of law as to the identity and age of the individual. (v) Authority to prohibit use of certain documents If the Secretary of Homeland Security finds, by regulation, that any document described in clause (i), (ii), or (iii) as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree, the Secretary may prohibit or place conditions on its use for purposes of this paragraph. (vi) Signature Such attestation may be manifested by either a handwritten or electronic signature. (B) Individual attestation of employment authorization During the ver­i­fi­ca­tion period (as defined in subparagraph (E)), the individual shall attest, under penalty of perjury on the form designated or established for purposes of subparagraph (A), that the individual is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Secretary of Homeland Security to be hired, recruited, or referred for such employment. Such attestation may be manifested by either a handwritten or electronic signature. The individual shall also provide that individual’s social security account number or United States passport number (if the individual claims to have been issued such a number), and, if the individual does not attest to United States nationality under this subparagraph, such identification or authorization number established by the Department of Homeland Security for the alien as the Secretary may specify. (C) Retention of verification form and verification (i) In general After completion of such form in accordance with subparagraphs (A) and (B), the person or entity shall— (I) retain a paper or electronic version of the form and make it available for inspection by officers of the Department of Homeland Security, the Department of Justice, or the Department of Labor during a period beginning on the date of the recruiting or referral of the individual, or, in the case of the hiring of an individual, the date on which the verification is completed, and ending— (aa) in the case of the recruiting or referral of an individual, 3 years after the date of the recruiting or referral; and (bb) in the case of the hiring of an individual, the later of 3 years after the date the ver­i­fi­ca­tion is completed or one year after the date the individual’s employment is terminated; and (II) during the verification period (as defined in subparagraph (E)), make an inquiry, as provided in subsection (d), using the verification system to seek verification of the identity and employment eligibility of an individual. (ii) Confirmation (I) Confirmation received If the person or other entity receives an appropriate confirmation of an individual’s identity and work eligibility under the verification system within the time period specified, the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a final confirmation of such identity and work eligibility of the individual. (II) Tentative nonconfirmation received If the person or other entity receives a tentative nonconfirmation of an individual’s identity or work eligibility under the verification system within the time period specified, the person or entity shall so inform the individual for whom the verification is sought. If the individual does not contest the nonconfirmation within the time period specified, the nonconfirmation shall be considered final. The person or entity shall then record on the form an appropriate code which has been provided under the system to indicate a final nonconfirmation. If the individual does contest the nonconfirmation, the individual shall utilize the process for secondary verification provided under subsection (d). The nonconfirmation will remain tentative until a final confirmation or nonconfirmation is provided by the ver­i­fi­ca­tion system within the time period specified. In no case shall an employer terminate employment of an individual because of a failure of the individual to have identity and work eligibility confirmed under this section until a nonconfirmation becomes final. Nothing in this clause shall apply to a termination of employment for any reason other than because of such a failure. In no case shall an employer rescind the offer of employment to an individual because of a failure of the individual to have identity and work eligibility confirmed under this subsection until a nonconfirmation becomes final. Nothing in this subclause shall apply to a recission of the offer of employment for any reason other than because of such a failure. (III) Final confirmation or nonconfirmation received If a final confirmation or nonconfirmation is provided by the verification system regarding an individual, the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a confirmation or nonconfirmation of identity and work eligibility of the individual. (IV) Extension of time If the person or other entity in good faith attempts to make an inquiry during the time period specified and the verification system has registered that not all inquiries were received during such time, the person or entity may make an inquiry in the first subsequent working day in which the verification system registers that it has received all inquiries. If the verification system cannot receive inquiries at all times during a day, the person or entity merely has to assert that the entity attempted to make the inquiry on that day for the previous sentence to apply to such an inquiry, and does not have to provide any additional proof concerning such inquiry. (V) Consequences of nonconfirmation (aa) Termination or notification of continued employment If the person or other entity has received a final nonconfirmation regarding an individual, the person or entity may terminate employment of the individual (or decline to recruit or refer the individual). If the person or entity does not terminate employment of the individual or proceeds to recruit or refer the individual, the person or entity shall notify the Secretary of Homeland Security of such fact through the verification system or in such other manner as the Secretary may specify. (bb) Failure to notify If the person or entity fails to provide notice with respect to an individual as required under item (aa), the failure is deemed to constitute a violation of subsection (a)(1)(A) with respect to that individual. (VI) Continued employment after final nonconfirmation If the person or other entity continues to employ (or to recruit or refer) an individual after receiving final nonconfirmation, a rebuttable presumption is created that the person or entity has violated subsection (a)(1)(A). (D) Effective dates of new procedures (i) Hiring Except as provided in clause (iii), the provisions of this paragraph shall apply to a person or other entity hiring an individual for employment in the United States as follows: (I) With respect to employers having 10,000 or more employees in the United States on the date of the enactment of the Legal Workforce Act, on the date that is 6 months after the date of the enactment of such Act. (II) With respect to employers having 500 or more employees in the United States, but less than 10,000 employees in the United States, on the date of the enactment of the Legal Workforce Act, on the date that is 12 months after the date of the enactment of such Act. (III) With respect to employers having 20 or more employees in the United States, but less than 500 employees in the United States, on the date of the enactment of the Legal Workforce Act, on the date that is 18 months after the date of the enactment of such Act. (IV) With respect to employers having one or more employees in the United States, but less than 20 employees in the United States, on the date of the enactment of the Legal Workforce Act, on the date that is 24 months after the date of the enactment of such Act. (ii) Recruiting and referring Except as provided in clause (iii), the provisions of this paragraph shall apply to a person or other entity recruiting or referring an individual for employment in the United States on the date that is 12 months after the date of the enactment of the Legal Workforce Act. (iii) Agricultural labor or services With respect to an employee performing agricultural labor or services, this paragraph shall not apply with respect to the verification of the employee until the date that is 36 months after the date of the enactment of the Legal Workforce Act. For purposes of the preceding sentence, the term agricultural labor or services section 3121(g) 29 U.S.C. 203(f) (iv) Extensions (I) On request Upon request by an employer having 50 or fewer employees, the Secretary shall allow a one-time 6-month extension of the effective date set out in this subparagraph applicable to such employer. Such request shall be made to the Secretary and shall be made prior to such effective date. (II) Following report If the study under section 715 of the Legal Workforce Act has been submitted in accordance with such section, the Secretary of Homeland Security may extend the effective date set out in clause (iii) on a one-time basis for 12 months. (v) Transition rule Subject to paragraph (4), the following shall apply to a person or other entity hiring, recruiting, or referring an individual for employment in the United States until the effective date or dates applicable under clauses (i) through (iii): (I) This subsection, as in effect before the enactment of the Legal Workforce Act. (II) Subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a (III) Any other provision of Federal law requiring the person or entity to participate in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a 8 U.S.C. 1324a (E) Verification period defined (i) In general For purposes of this paragraph: (I) In the case of recruitment or referral, the term verification period (II) In the case of hiring, the term verification period (ii) Job offer may be conditional A person or other entity may offer a prospective employee an employment position that is conditioned on final verification of the identity and employment eligibility of the employee using the procedures established under this paragraph. (iii) Special rule Not­with­stand­ing clause (i)(II), in the case of an alien who is authorized for employment and who provides evidence from the Social Security Administration that the alien has applied for a social security account number, the verification period ends three business days after the alien receives the social security account number. (2) Reverification for individuals with limited work authorization (A) In general Except as provided in subparagraph (B), a person or entity shall make an inquiry, as provided in subsection (d), using the verification system to seek re­ver­i­fi­ca­tion of the identity and employment eligibility of all individuals with a limited period of work authorization employed by the person or entity during the three business days after the date on which the employee's work authorization expires as follows: (i) With respect to employers having 10,000 or more employees in the United States on the date of the enactment of the Legal Workforce Act, beginning on the date that is 6 months after the date of the enactment of such Act. (ii) With respect to employers having 500 or more employees in the United States, but less than 10,000 employees in the United States, on the date of the enactment of the Legal Workforce Act, beginning on the date that is 12 months after the date of the enactment of such Act. (iii) With respect to employers having 20 or more employees in the United States, but less than 500 employees in the United States, on the date of the enactment of the Legal Workforce Act, beginning on the date that is 18 months after the date of the enactment of such Act. (iv) With respect to employers having one or more employees in the United States, but less than 20 employees in the United States, on the date of the enactment of the Legal Workforce Act, beginning on the date that is 24 months after the date of the enactment of such Act. (B) Agricultural labor or services With respect to an employee performing agricultural labor or services, or an employee recruited or referred by a farm labor contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 agricultural labor or services section 3121(g) 29 U.S.C. 203(f) (C) Reverification Paragraph (1)(C)(ii) shall apply to reverifications pursuant to this paragraph on the same basis as it applies to verifications pursuant to paragraph (1), except that employers shall— (i) use a form designated or established by the Secretary by regulation for purposes of this paragraph; and (ii) retain a paper or electronic version of the form and make it available for inspection by officers of the Department of Homeland Security, the Department of Justice, or the Department of Labor during the period beginning on the date the reverification commences and ending on the date that is the later of 3 years after the date of such reverification or 1 year after the date the individual’s employment is terminated. (3) Previously hired individuals (A) On a mandatory basis for certain employees (i) In general Not later than the date that is 6 months after the date of the enactment of the Legal Workforce Act, an employer shall make an inquiry, as provided in subsection (d), using the verification system to seek verification of the identity and employment eligibility of any individual described in clause (ii) employed by the employer whose employment eligibility has not been verified under the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a (ii) Individuals described An individual described in this clause is any of the following: (I) An employee of any unit of a Federal, State, or local government. (II) An employee who requires a Federal security clearance working in a Federal, State, or local government building, a military base, a nuclear energy site, a weapons site, or an airport or other facility that requires workers to carry a Transportation Worker Identification Credential (TWIC). (III) An employee assigned to perform work in the United States under a Federal contract, except that this subclause— (aa) is not applicable to individuals who have a clearance under Homeland Security Presidential Directive 12 (HSPD 12 clearance), are administrative or overhead personnel, or are working solely on contracts that provide Commercial Off The Shelf goods or services as set forth by the Federal Acquisition Regulatory Council, unless they are subject to verification under subclause (II); and (bb) only applies to contracts over the simple acquisition threshold as defined in section 2.101 of title 48, Code of Federal Regulations. (B) On a mandatory basis for multiple users of same social security account number In the case of an employer who is required by this subsection to use the verification system described in subsection (d), or has elected voluntarily to use such system, the employer shall make inquiries to the system in accordance with the following: (i) The Commissioner of Social Security shall notify annually employees (at the employee address listed on the Wage and Tax Statement) who submit a social security account number to which more than one employer reports income and for which there is a pattern of unusual multiple use. The notification letter shall identify the number of employers to which income is being reported as well as sufficient information notifying the employee of the process to contact the Social Security Administration Fraud Hotline if the employee believes the employee’s identity may have been stolen. The notice shall not share information protected as private, in order to avoid any recipient of the notice from being in the position to further commit or begin committing identity theft. (ii) If the person to whom the social security account number was issued by the Social Security Administration has been identified and confirmed by the Commissioner, and indicates that the social security account number was used without their knowledge, the Secretary and the Commissioner shall lock the social security account number for employment eligibility verification purposes and shall notify the employers of the individuals who wrongfully submitted the social security account number that the employee may not be work eligible. (iii) Each employer receiving such notification of an incorrect social security account number under clause (ii) shall use the verification system described in subsection (d) to check the work eligibility status of the applicable employee within 10 business days of receipt of the notification. (C) On a voluntary basis Subject to paragraph (2), and subparagraphs (A) through (C) of this paragraph, beginning on the date that is 30 days after the date of the enactment of the Legal Workforce Act, an employer may make an inquiry, as provided in subsection (d), using the verification system to seek verification of the identity and employment eligibility of any individual employed by the employer. If an employer chooses voluntarily to seek verification of any individual employed by the employer, the employer shall seek verification of all individuals employed at the same geographic location or, at the option of the employer, all individuals employed within the same job category, as the employee with respect to whom the employer seeks voluntarily to use the verification system. An employer’s decision about whether or not voluntarily to seek verification of its current workforce under this subparagraph may not be considered by any government agency in any proceeding, investigation, or review provided for in this Act. (D) Verification Paragraph (1)(C)(ii) shall apply to verifications pursuant to this paragraph on the same basis as it applies to verifications pursuant to paragraph (1), except that employers shall— (i) use a form designated or established by the Secretary by regulation for purposes of this paragraph; and (ii) retain a paper or electronic version of the form and make it available for inspection by officers of the Department of Homeland Security, the Department of Justice, or the Department of Labor during the period beginning on the date the verification commences and ending on the date that is the later of 3 years after the date of such verification or 1 year after the date the individual’s employment is terminated. (4) Early compliance (A) Former E-Verify required users, including Federal contractors Notwithstanding the deadlines in paragraphs (1) and (2), beginning on the date of the enactment of the Legal Workforce Act, the Secretary is authorized to commence requiring employers required to participate in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a (B) Former E-Verify voluntary users and others desiring early compliance Notwithstanding the deadlines in paragraphs (1) and (2), beginning on the date of the enactment of the Legal Workforce Act, the Secretary shall provide for the voluntary compliance with the requirements of this subsection by employers voluntarily electing to participate in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a (5) Copying of documentation permitted Notwithstanding any other provision of law, the person or entity may copy a document presented by an individual pursuant to this subsection and may retain the copy, but only (except as otherwise permitted under law) for the purpose of complying with the requirements of this subsection. (6) Limitation on use of forms A form designated or established by the Secretary of Homeland Security under this subsection and any information contained in or appended to such form, may not be used for purposes other than for enforcement of this Act and any other provision of Federal criminal law. (7) Good faith compliance (A) In general Except as otherwise provided in this subsection, a person or entity is considered to have complied with a requirement of this subsection notwithstanding a technical or procedural failure to meet such requirement if there was a good faith attempt to comply with the requirement. (B) Exception if failure to correct after notice Subparagraph (A) shall not apply if— (i) the failure is not de minimus; (ii) the Secretary of Homeland Security has explained to the person or entity the basis for the failure and why it is not de minimus; (iii) the person or entity has been provided a period of not less than 30 calendar days (beginning after the date of the explanation) within which to correct the failure; and (iv) the person or entity has not corrected the failure voluntarily within such period. (C) Exception for pattern or practice violators Subparagraph (A) shall not apply to a person or entity that has engaged or is engaging in a pattern or practice of violations of subsection (a)(1)(A) or (a)(2). (8) Single extension of deadlines upon certification In a case in which the Secretary of Homeland Security has certified to the Congress that the employment eligibility verification system required under subsection (d) will not be fully operational by the date that is 6 months after the date of the enactment of the Legal Workforce Act, each deadline established under this section for an employer to make an inquiry using such system shall be extended by 6 months. No other extension of such a deadline shall be made except as authorized under paragraph (1)(D)(iv). . (b) Date of hire Section 274A(h) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h) (4) Definition of date of hire As used in this section, the term date of hire . 703. Employment eligibility verification system Section 274A(d) of the Immigration and Nationality Act 8 U.S.C. 1324a(d) (d) Employment eligibility verification system (1) In general Patterned on the employment eligibility confirmation system established under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a (A) responds to inquiries made by persons at any time through a toll-free electronic media concerning an individual’s identity and whether the individual is authorized to be employed; and (B) maintains records of the inquiries that were made, of verifications provided (or not provided), and of the codes provided to inquirers as evidence of their compliance with their obligations under this section. (2) Initial response The verification system shall provide confirmation or a tentative nonconfirmation of an individual’s identity and employment eligibility within 3 working days of the initial inquiry. If providing confirmation or tentative nonconfirmation, the verification system shall provide an appropriate code indicating such confirmation or such nonconfirmation. (3) Secondary confirmation process in case of tentative nonconfirmation In cases of tentative nonconfirmation, the Secretary shall specify, in consultation with the Commissioner of Social Security, an available secondary verification process to confirm the validity of information provided and to provide a final confirmation or nonconfirmation not later than 10 working days after the date on which the notice of the tentative nonconfirmation is received by the employee. The Secretary, in consultation with the Commissioner, may extend this deadline once on a case-by-case basis for a period of 10 working days, and if the time is extended, shall document such extension within the verification system. The Secretary, in consultation with the Commissioner, shall notify the employee and employer of such extension. The Secretary, in consultation with the Commissioner, shall create a standard process of such extension and notification and shall make a description of such process available to the public. When final confirmation or nonconfirmation is provided, the verification system shall provide an appropriate code indicating such confirmation or nonconfirmation. (4) Design and operation of system The verification system shall be designed and operated— (A) to maximize its reliability and ease of use by persons and other entities consistent with insulating and protecting the privacy and security of the underlying information; (B) to respond to all inquiries made by such persons and entities on whether individuals are authorized to be employed and to register all times when such inquiries are not received; (C) with appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; (D) to have reasonable safeguards against the system’s resulting in unlawful discriminatory practices based on national origin or citizenship status, including— (i) the selective or unauthorized use of the system to verify eligibility; or (ii) the exclusion of certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will be required, beyond what is required for most job applicants; (E) to maximize the prevention of identity theft use in the system; and (F) to limit the subjects of verification to the following individuals: (i) Individuals hired, referred, or recruited, in accordance with paragraph (1) or (4) of subsection (b). (ii) Employees and prospective employees, in accordance with paragraph (1), (2), (3), or (4) of subsection (b). (iii) Individuals seeking to confirm their own employment eligibility on a voluntary basis. (5) Responsibilities of Commissioner of Social Security As part of the verification system, the Commissioner of Social Security, in consultation with the Secretary of Homeland Security (and any designee of the Secretary selected to establish and administer the verification system), shall establish a reliable, secure method, which, within the time periods specified under paragraphs (2) and (3), compares the name and social security account number provided in an inquiry against such information maintained by the Commissioner in order to validate (or not validate) the information provided regarding an individual whose identity and employment eligibility must be confirmed, the correspondence of the name and number, and whether the individual has presented a social security account number that is not valid for employment. The Commissioner shall not disclose or release social security information (other than such confirmation or nonconfirmation) under the verification system except as provided for in this section or section 205(c)(2)(I) of the Social Security Act. (6) Responsibilities of Secretary of Homeland Security As part of the verification system, the Secretary of Homeland Security (in consultation with any designee of the Secretary selected to establish and administer the verification system), shall establish a reliable, secure method, which, within the time periods specified under paragraphs (2) and (3), compares the name and alien identification or authorization number (or any other information as determined relevant by the Secretary) which are provided in an inquiry against such information maintained or accessed by the Secretary in order to validate (or not validate) the information provided, the correspondence of the name and number, whether the alien is authorized to be employed in the United States, or to the extent that the Secretary determines to be feasible and appropriate, whether the records available to the Secretary verify the identity or status of a national of the United States. (7) Updating information The Commissioner of Social Security and the Secretary of Homeland Security shall update their information in a manner that promotes the maximum accuracy and shall provide a process for the prompt correction of erroneous information, including instances in which it is brought to their attention in the secondary verification process described in paragraph (3). (8) Limitation on use of the verification system and any related systems (A) No national identification card Nothing in this section shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card. (B) Critical infrastructure The Secretary may authorize or direct any person or entity responsible for granting access to, protecting, securing, operating, administering, or regulating part of the critical infrastructure (as defined in section 1016(e) of the Critical Infrastructure Protection Act of 2001 ( 42 U.S.C. 5195c(e) (9) Remedies If an individual alleges that the individual would not have been dismissed from a job or would have been hired for a job but for an error of the verification mechanism, the individual may seek compensation only through the mechanism of the Federal Tort Claims Act, and injunctive relief to correct such error. No class action may be brought under this paragraph. . 704. Recruitment, referral, and continuation of employment (a) Additional changes to rules for recruitment, referral, and continuation of employment Section 274A(a) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(a) (1) in paragraph (1)(A), by striking for a fee (2) in paragraph (1), by amending subparagraph (B) to read as follows: (B) to hire, continue to employ, or to recruit or refer for employment in the United States an individual without complying with the requirements of subsection (b). ; and (3) in paragraph (2), by striking after hiring an alien for employment in accordance with paragraph (1), after complying with paragraph (1), (b) Definition Section 274A(h) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h) (5) Definition of recruit or refer As used in this section, the term refer recruit . (c) Effective date The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act, except that the amendments made by subsection (a) shall take effect 6 months after the date of the enactment of this Act insofar as such amendments relate to continuation of employment. 705. Good faith defense Section 274A(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(a)(3) (3) Good faith defense (A) Defense An employer (or person or entity that hires, employs, recruits, or refers (as defined in subsection (h)(5)), or is otherwise obligated to comply with this section) who establishes that it has complied in good faith with the requirements of subsection (b)— (i) shall not be liable to a job applicant, an employee, the Federal Government, or a State or local government, under Federal, State, or local criminal or civil law for any employment-related action taken with respect to a job applicant or employee in good-faith reliance on information provided through the system established under subsection (d); and (ii) has established compliance with its obligations under subparagraphs (A) and (B) of paragraph (1) and subsection (b) absent a showing by the Secretary of Homeland Security, by clear and convincing evidence, that the employer had knowledge that an employee is an unauthorized alien. (B) Mitigation element For purposes of subparagraph (A)(i), if an employer proves by a preponderance of the evidence that the employer uses a reasonable, secure, and established technology to authenticate the identity of the new employee, that fact shall be taken into account for purposes of determining good faith use of the system established under subsection (d). (C) Failure to seek and obtain verification Subject to the effective dates and other deadlines applicable under subsection (b), in the case of a person or entity in the United States that hires, or continues to employ, an individual, or recruits or refers an individual for employment, the following requirements apply: (i) Failure to seek verification (I) In general If the person or entity has not made an inquiry, under the mechanism established under subsection (d) and in accordance with the timeframes established under subsection (b), seeking verification of the identity and work eligibility of the individual, the defense under subparagraph (A) shall not be considered to apply with respect to any employment, except as provided in subclause (II). (II) Special rule for failure of verification mechanism If such a person or entity in good faith attempts to make an inquiry in order to qualify for the defense under subparagraph (A) and the verification mechanism has registered that not all inquiries were responded to during the relevant time, the person or entity can make an inquiry until the end of the first subsequent working day in which the verification mechanism registers no nonresponses and qualify for such defense. (ii) Failure to obtain verification If the person or entity has made the inquiry described in clause (i)(I) but has not received an appropriate verification of such identity and work eligibility under such mechanism within the time period specified under subsection (d)(2) after the time the verification inquiry was received, the defense under subparagraph (A) shall not be considered to apply with respect to any employment after the end of such time period. . 706. Preemption and States’ rights Section 274A(h)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(2) (2) Preemption (A) Single, national policy The provisions of this section preempt any State or local law, ordinance, policy, or rule, including any criminal or civil fine or penalty structure, insofar as they may now or hereafter relate to the hiring, continued employment, or status verification for employment eligibility purposes, of unauthorized aliens. (B) State enforcement of Federal law (i) Business licensing A State, locality, municipality, or political subdivision may exercise its authority over business licensing and similar laws as a penalty for failure to use the verification system described in subsection (d) to verify employment eligibility when and as required under subsection (b). (ii) General rules A State, at its own cost, may enforce the provisions of this section, but only insofar as such State follows the Federal regulations implementing this section, applies the Federal penalty structure set out in this section, and complies with all Federal rules and guidance concerning implementation of this section. Such State may collect any fines assessed under this section. An employer may not be subject to enforcement, including audit and investigation, by both a Federal agency and a State for the same violation under this section. Whichever entity, the Federal agency or the State, is first to initiate the enforcement action, has the right of first refusal to proceed with the enforcement action. The Secretary must provide copies of all guidance, training, and field instructions provided to Federal officials implementing the provisions of this section to each State. . 707. Repeal (a) In general Subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a (b) References Any reference in any Federal law, Executive order, rule, regulation, or delegation of authority, or any document of, or pertaining to, the Department of Homeland Security, Department of Justice, or the Social Security Administration, to the employment eligibility confirmation system established under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a (c) Effective date This section shall take effect on the date that is 30 months after the date of the enactment of this Act. (d) Clerical Amendment The table of sections, in section 1(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, is amended by striking the items relating to subtitle A of title IV. 708. Penalties Section 274A of the Immigration and Nationality Act 8 U.S.C. 1324a (1) in subsection (e)(1)— (A) by striking Attorney General Secretary of Homeland Security (B) in subparagraph (D), by striking Service Department of Homeland Security (2) in subsection (e)(4)— (A) in subparagraph (A), in the matter before clause (i), by inserting , subject to paragraph (10), in an amount (B) in subparagraph (A)(i), by striking not less than $250 and not more than $2,000 not less than $2,500 and not more than $5,000 (C) in subparagraph (A)(ii), by striking not less than $2,000 and not more than $5,000 not less than $5,000 and not more than $10,000 (D) in subparagraph (A)(iii), by striking not less than $3,000 and not more than $10,000 not less than $10,000 and not more than $25,000 (E) by moving the margin of the continuation text following subparagraph (B) two ems to the left and by amending subparagraph (B) to read as follows: (B) may require the person or entity to take such other remedial action as is appropriate. ; (3) in subsection (e)(5)— (A) in the paragraph heading, strike paperwork (B) by inserting , subject to paragraphs (10) through (12), in an amount (C) by striking $100 $1,000 (D) by striking $1,000 $25,000 (E) by adding at the end the following: Failure by a person or entity to utilize the employment eligibility verification system as required by law, or providing information to the system that the person or entity knows or reasonably believes to be false, shall be treated as a violation of subsection (a)(1)(A). (4) by adding at the end of subsection (e) the following: (10) Exemption from penalty for good faith violation In the case of imposition of a civil penalty under paragraph (4)(A) with respect to a violation of subsection (a)(1)(A) or (a)(2) for hiring or continuation of employment or recruitment or referral by person or entity and in the case of imposition of a civil penalty under paragraph (5) for a violation of subsection (a)(1)(B) for hiring or recruitment or referral by a person or entity, the penalty otherwise imposed may be waived or reduced if the violator establishes that the violator acted in good faith. (11) Mitigation element For purposes of paragraph (4), the size of the business shall be taken into account when assessing the level of civil money penalty. (12) Authority to debar employers for certain violations (A) In general If a person or entity is determined by the Secretary of Homeland Security to be a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, such person or entity may be considered for debarment from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation. (B) Does not have contract, grant, agreement If the Secretary of Homeland Security or the Attorney General wishes to have a person or entity considered for debarment in accordance with this paragraph, and such a person or entity does not hold a Federal contract, grant, or cooperative agreement, the Secretary or Attorney General shall refer the matter to the Administrator of General Services to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement, and if so, for what duration and under what scope. (C) Has contract, grant, agreement If the Secretary of Homeland Security or the Attorney General wishes to have a person or entity considered for debarment in accordance with this paragraph, and such person or entity holds a Federal contract, grant, or cooperative agreement, the Secretary or Attorney General shall advise all agencies or departments holding a contract, grant, or cooperative agreement with the person or entity of the Government’s interest in having the person or entity considered for debarment, and after soliciting and considering the views of all such agencies and departments, the Secretary or Attorney General may refer the matter to any appropriate lead agency to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement, and if so, for what duration and under what scope. (D) Review Any decision to debar a person or entity in accordance with this paragraph shall be reviewable pursuant to part 9.4 of the Federal Acquisition Regulation. (13) Office for State and local government complaints The Secretary of Homeland Security shall establish an office— (A) to which State and local government agencies may submit information indicating potential violations of subsection (a), (b), or (g)(1) that were generated in the normal course of law enforcement or the normal course of other official activities in the State or locality; (B) that is required to indicate to the complaining State or local agency within five business days of the filing of such a complaint by identifying whether the Secretary will further investigate the information provided; (C) that is required to investigate those complaints filed by State or local government agencies that, on their face, have a substantial probability of validity; (D) that is required to notify the complaining State or local agency of the results of any such investigation conducted; and (E) that is required to report to the Congress annually the number of complaints received under this paragraph, the States and localities that filed such complaints, and the resolution of the complaints investigated by the Secretary. ; and (5) by amending paragraph (1) of subsection (f) to read as follows: (1) Criminal penalty Any person or entity which engages in a pattern or practice of violations of subsection (a) (1) or (2) shall be fined not more than $5,000 for each unauthorized alien with respect to which such a violation occurs, imprisoned for not more than 18 months, or both, notwithstanding the provisions of any other Federal law relating to fine levels. . 709. Fraud and misuse of documents Section 1546(b) of title 18, United States Code, is amended— (1) in paragraph (1), by striking identification document, identification document or document meant to establish work authorization (including the documents described in section 274A(b) of the Immigration and Nationality Act), (2) in paragraph (2), by striking identification document identification document or document meant to establish work authorization (including the documents described in section 274A(b) of the Immigration and Nationality Act), 710. Protection of Social Security Administration programs (a) Funding under agreement Effective for fiscal years beginning on or after October 1, 2023, the Commissioner of Social Security and the Secretary of Homeland Security shall enter into and maintain an agreement which shall— (1) provide funds to the Commissioner for the full costs of the responsibilities of the Commissioner under section 274A(d) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(d) (A) acquiring, installing, and maintaining technological equipment and systems necessary for the fulfillment of the responsibilities of the Commissioner under such section 274A(d), but only that portion of such costs that are attributable exclusively to such responsibilities; and (B) responding to individuals who contest a tentative nonconfirmation provided by the employment eligibility verification system established under such section; (2) provide such funds annually in advance of the applicable quarter based on estimating methodology agreed to by the Commissioner and the Secretary (except in such instances where the delayed enactment of an annual appropriation may preclude such quarterly payments); and (3) require an annual accounting and reconciliation of the actual costs incurred and the funds provided under the agreement, which shall be reviewed by the Inspectors General of the Social Security Administration and the Department of Homeland Security. (b) Continuation of employment verification in absence of timely agreement In any case in which the agreement required under subsection (a) for any fiscal year beginning on or after October 1, 2023, has not been reached as of October 1 of such fiscal year, the latest agreement between the Commissioner and the Secretary of Homeland Security providing for funding to cover the costs of the responsibilities of the Commissioner under section 274A(d) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(d) 711. Fraud prevention (a) Blocking misused social security account numbers The Secretary of Homeland Security, in consultation with the Commissioner of Social Security, shall establish a program in which social security account numbers that have been identified to be subject to unusual multiple use in the employment eligibility verification system established under section 274A(d) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(d) (b) Allowing suspension of use of certain social security account numbers The Secretary of Homeland Security, in consultation with the Commissioner of Social Security, shall establish a program which shall provide a reliable, secure method by which victims of identity fraud and other individuals may suspend or limit the use of their social security account number or other identifying information for purposes of the employment eligibility verification system established under section 274A(d) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(d) (c) Allowing parents To prevent theft of their child’s identity The Secretary of Homeland Security, in consultation with the Commissioner of Social Security, shall establish a program which shall provide a reliable, secure method by which parents or legal guardians may suspend or limit the use of the social security account number or other identifying information of a minor under their care for the purposes of the employment eligibility verification system established under 274A(d) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(d) 712. Use of employment eligibility verification photo tool An employer who uses the photo matching tool used as part of the E-Verify System shall match the photo tool photograph to both the photograph on the identity or employment eligibility document provided by the employee and to the face of the employee submitting the document for employment verification purposes. 713. Identity authentication employment eligibility verification pilot programs Not later than 24 months after the date of the enactment of this Act, the Secretary of Homeland Security, after consultation with the Commissioner of Social Security and the Director of the National Institute of Standards and Technology, shall establish by regulation not less than 2 Identity Authentication Employment Eligibility Verification pilot programs, each using a separate and distinct technology (the Authentication Pilots 714. Inspector General audits (a) In general Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Social Security Administration shall complete audits of the following categories in order to uncover evidence of individuals who are not authorized to work in the United States: (1) Workers who dispute wages reported on their social security account number when they believe someone else has used such number and name to report wages. (2) Children’s social security account numbers used for work purposes. (3) Employers whose workers present significant numbers of mismatched social security account numbers or names for wage reporting. (b) Submission The Inspector General of the Social Security Administration shall submit the audits completed under subsection (a) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate for review of the evidence of individuals who are not authorized to work in the United States. The Chairmen of those Committees shall then determine information to be shared with the Secretary of Homeland Security so that such Secretary can investigate the unauthorized employment demonstrated by such evidence. 715. Agriculture Workforce Study Not later than 36 months after the date of enactment, the Secretary of the Department of Homeland Security, in consultation with the Secretary of the Department of Agriculture, shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, a report that includes the following: (1) The number of individuals in the agricultural workforce. (2) The number of U.S. citizens in the agricultural workforce. (3) The number of aliens in the agricultural workforce who are authorized to work in the United States. (4) The number of aliens in the agricultural workforce who are not authorized to work in the United States. (5) Wage growth in each of the previous ten years, disaggregated by agricultural sector. (6) The percentage of total agricultural industry costs represented by agricultural labor during each of the last ten years. (7) The percentage of agricultural costs invested in mechanization during each of the last ten years. (8) Recommendations, other than a path to legal status for aliens not authorized to work in the United States, for ensuring U.S. agricultural employers have a workforce sufficient to cover industry needs, including recommendations to— (A) increase investments in mechanization; (B) increase the domestic workforce; and (C) reform the H-2A program. 716. Repealing regulations The rules relating to Temporary Agricultural Employment of H-2A Nonimmigrants in the United States Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States May 5, 2023 Reported from the Committee on the Judiciary May 5, 2023 Committees on Ways and Means Education and the Workforce Homeland Security

Summary: Border Security and Enforcement Act of 2023 This bill addresses issues regarding immigration and border security, including by imposing limits to asylum eligibility. For example, the bill limits asylum eligibility to non-U.S. nationals (aliens under federal law) who arrive in the United States at a port of entry; allows for the removal of a non-U.S. national to a country other than that individual's country of nationality or last lawful habitual residence, whereas currently this type of removal may only be to a country that has an agreement with the United States for such removal; expands the types of crimes that may make an individual ineligible for asylum, such as a conviction for driving while intoxicated causing another person's serious bodily injury or death; requires a fee of at least $50 for each asylum application, except for certain applications involving an unaccompanied alien child; authorizes the Department of Homeland Security (DHS) to suspend the introduction of certain non-U.S. nationals at an international border if DHS determines that the suspension is necessary to achieve operational control of that border; prohibits states from imposing licensing requirements on immigration detention facilities used to detain minors; authorizes immigration officers to permit an unaccompanied alien child to withdraw their application for admission into the United States even if the child is unable to make an independent decision to withdraw the application; imposes additional penalties for overstaying a visa; and requires DHS to create an electronic employment eligibility confirmation system modeled after the E-Verify system and requires all employers to use the system.