303 
(2) CONFORMING AMENDMENTS.—The Refugee 
Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note) is 
amended by— 
(A) in the subsection headings, by striking 
‘‘ALIENS’’ each place it appears and inserting 
‘‘NONCITIZENS’’; 
(B) in the paragraph headings, by striking 
‘‘ALIENS’’ each place it appears and inserting 
‘‘NONCITIZENS’’; 
(C) by striking ‘‘an alien’’ each place it ap-
pears and inserting ‘‘a noncitizen’’; 
(D) by striking ‘‘An alien’’ each place it 
appears and inserting ‘‘A noncitizen’’; 
(E) by striking ‘‘alien’’ each place it ap-
pears and inserting ‘‘noncitizen’’; 
(F) by striking ‘‘aliens’’ each place it ap-
pears and inserting ‘‘noncitizens’’; and 
(G) by striking ‘‘alien’s’’ each place it ap-
pears and inserting ‘‘noncitizen’s’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall be effective on the date of the enactment 
of this Act and shall have retroactive effect. 
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SEC. 4310. SPECIAL IMMIGRANT STATUS FOR CERTAIN SYR-
IANS WHO WORKED FOR THE UNITED STATES 
GOVERNMENT IN SYRIA. 
(a) IN GENERAL.—Subject to subsection (c)(1), for 
purposes of the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.), the Secretary may provide any non-
citizen described in subsection (b) with the status of a spe-
cial immigrant under section 101(a)(27) of that Act (8 
U.S.C. 1101(a)(27)) if— 
(1) the noncitizen, or an agent acting on behalf 
of the noncitizen, submits a petition to the Secretary 
under section 204 of that Act (8 U.S.C. 1154) for 
classification under section 203(b)(4) of that Act (8 
U.S.C. 1153(b)(4)); 
(2) the noncitizen is otherwise eligible to receive 
an immigrant visa; 
(3) the noncitizen is otherwise admissible to the 
United States for permanent residence (excluding 
the grounds for inadmissibility specified in section 
212(a)(4) of that Act (8 U.S.C. 1182(a)(4))), except 
that an applicant for admission to the United States 
under this section may not be considered inadmis-
sible based solely on membership in, participation in, 
or support provided to, the Syrian Democratic 
Forces or other partner organizations, as determined 
by the Secretary of Defense; and 
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305 
(4) the noncitizen clears a background check 
and appropriate screening, as determined by the 
Secretary. 
(b) NONCITIZENS DESCRIBED.—A noncitizen de-
scribed in this subsection is a noncitizen who— 
(1)(A) is a citizen or national of Syria or a 
stateless person who has habitually resided in Syria; 
(B) was employed by or on behalf of (including 
under a contract, cooperative agreement or grant 
with) the United States Government in Syria, for a 
period of not less than 1 year beginning on January 
1, 2014; and 
(C) obtained a favorable written recommenda-
tion from a U.S. citizen supervisor who was in the 
chain of command of the United States Armed 
Forces unit or U.S. Government entity that was 
supported by the noncitizen; or 
(2)(A) is the spouse or a child of a principal 
noncitizen described in paragraph (1); and 
(B)(i) is following or accompanying to join the 
principal noncitizen in the United States; or 
(ii) due to the death of the principal noncitizen, 
a petition to follow or accompany to join the prin-
cipal noncitizen in the United States— 
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306 
(I) was or would be revoked, terminated, 
or otherwise rendered null; and 
(II) would have been approved if the prin-
cipal noncitizen had survived. 
(c) NUMERICAL LIMITATIONS.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the total number of prin-
cipal noncitizens who may be provided special immi-
grant status under this section may not exceed 
5,000 in any of the first 5 fiscal years beginning 
after the date of the enactment of this Act. 
(2) EXEMPTION
FROM
NUMERICAL
LIMITA-
TIONS.—Noncitizens provided special immigrant sta-
tus under this section shall not be counted against 
any numerical limitation under section 201(d), 
202(a), or 203(b)(4) of the Immigration and Na-
tionality Act (8 U.S.C. 1151(d), 1152(a), and 
1153(b)(4)). 
(3) CARRY FORWARD.—If the numerical limita-
tion set forth in paragraph (1) is not reached during 
a fiscal year, the numerical limitation under such 
paragraph for the following fiscal year shall be in-
creased by a number equal to the difference be-
tween— 
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307 
(A) the number of visas authorized under 
paragraph (1) for such fiscal year; and 
(B) the number of principal noncitizens 
provided special immigrant status under this 
section during such fiscal year. 
(d) 
VISA
FEES
AND
TRAVEL
DOCUMENT 
ISSUANCE.— 
(1) IN
GENERAL.—A noncitizen described in 
subsection (b) may not be charged any fee in con-
nection with an application for, or the issuance of, 
a special immigrant visa under this section. 
(2) The Secretary of State shall ensure that a 
noncitizen who is issued a special immigrant visa 
under this section is provided with an appropriate 
travel document necessary for admission to the 
United States. 
(e) PROTECTION OF NONCITIZENS.—The Secretary 
of State, in consultation with the head of any other appro-
priate Federal agency, shall make a reasonable effort to 
provide protection to each noncitizen described in sub-
section (b) who is seeking special immigrant status under 
this section or to immediately remove such noncitizen from 
Syria, if possible, if the Secretary of State determines, 
after consultation, that such noncitizen is in imminent 
danger. 
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308 
(f) APPLICATION PROCESS.— 
(1) REPRESENTATION.—A noncitizen applying 
for admission to the United States as a special im-
migrant under this section may be represented dur-
ing the application process, including for relevant 
interviews and examinations, by an attorney or other 
accredited representative. Such representation shall 
not be at the expense of the United States Govern-
ment. 
(2) COMPLETION.— 
(A) IN GENERAL.—The Secretary of State 
and the Secretary, in consultation with the Sec-
retary of Defense, shall ensure that applications 
for special immigrant visas under this section 
are processed in such a manner so as to ensure 
that all steps under the control of the respective 
departments incidental to the issuance of such 
visas, including required screenings and back-
ground checks, are completed not later than 
270 days after the date on which an eligible 
noncitizen submits all required materials to 
apply for such visa. 
(B) RULE
OF
CONSTRUCTION.—Notwith-
standing subparagraph (A), the Secretary of 
State, the Secretary, or the Secretary of De-
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309 
fense may take longer than 270 days to com-
plete the steps incidental to issuing a visa under 
this section if the Secretary of State, the Sec-
retary, or the Secretary of Defense, or a des-
ignee— 
(i) determines that the satisfaction of 
national security concerns requires addi-
tional time; and 
(ii) notifies the applicant of such de-
termination. 
(3) APPEAL.—A noncitizen whose petition for 
status as a special immigrant is rejected or re-
voked— 
(A) shall receive a written decision that 
provides, to the maximum extent feasible, infor-
mation describing the basis for the denial, in-
cluding the facts and inferences underlying the 
individual determination; and 
(B) shall be provided not more than 1 
written appeal per rejection or denial, which— 
(i) shall be submitted to the authority 
that issued the denial not more than 120 
days after the date on which the applicant 
receives a decision pursuant to subpara-
graph (A); 
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310 
(ii) may request the reopening of such 
decision; and 
(iii) shall provide additional informa-
tion, clarify existing information, or ex-
plain any unfavorable information. 
(g) ELIGIBILITY FOR OTHER IMMIGRANT CLASSI-
FICATION.—A noncitizen may not be denied the oppor-
tunity to apply for admission under this section solely be-
cause such noncitizen— 
(1) qualifies as an immediate relative of a cit-
izen of the United States; or 
(2) is eligible for admission to the United 
States under any other immigrant classification. 
(h) PROCESSING MECHANISMS.—The Secretary of 
State shall use existing refugee processing mechanisms in 
Iraq and in other countries, as appropriate, in the region 
in which noncitizens described in subsection (b) may apply 
and interview for admission to the United States as special 
immigrants. 
(i) RESETTLEMENT SUPPORT.—A noncitizen who is 
granted special immigrant status under this section shall 
be eligible for the same resettlement assistance, entitle-
ment programs, and other benefits as are available to refu-
gees admitted under section 207 of the Immigration and 
Nationality Act (8 U.S.C. 1157). 
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311 
(j) AUTHORITY TO CARRY OUT ADMINISTRATIVE 
MEASURES.—The Secretary, the Secretary of State, and 
the Secretary of Defense shall implement any additional 
administrative measures they consider necessary and ap-
propriate— 
(1) to ensure the prompt processing of applica-
tions under this section; 
(2) to preserve the integrity of the program es-
tablished under this section; and 
(3) to protect the national security interests of 
the United States related to such program. 
(k) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than January 30 
each year, the Inspector General of the Department 
of State shall submit a report on the implementation 
of the Syrian special immigrant status program 
under this section for the preceding calendar year 
to— 
(A) the Committee on the Judiciary, the 
Committee on Foreign Relations, and the Com-
mittee on Armed Services of the Senate; and 
(B) the Committee on the Judiciary, the 
Committee on Foreign Affairs, and the Com-
mittee on Armed Services of the House of Rep-
resentatives. 
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312 
(2) ELEMENTS.—Each report required by para-
graph (1) shall include, for the applicable calendar 
year, the following: 
(A) The number of petitions filed under 
such program. 
(B) The number of such petitions pending 
adjudication. 
(C) The number of such petitions pending 
visa interview. 
(D) The number of such petitions pending 
security checks. 
(E) The number of such petitions that 
were denied. 
(F) The number of cases under such pro-
gram that have exceeded the mandated proc-
essing time and relevant case numbers. 
(G) A description of any obstacle discov-
ered that would hinder effective implementation 
of such program. 
(3) CONSULTATION.—In preparing a report 
under subsection (a), the Inspector General shall 
consult with— 
(A) the Department of State, Bureau of 
Consular Affairs, Visa Office; 
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313 
(B) the Department of State, Bureau of 
Near Eastern Affairs and South and Central 
Asian Affairs, Executive Office; 
(C) the Department of Homeland Security, 
U.S. Citizenship and Immigration Services; 
(D) the Department of Defense; and 
(E) nongovernmental organizations pro-
viding legal aid in the special immigrant visa 
application process. 
(4) FORM.—Each report required by paragraph 
(1) shall be submitted in unclassified form, but may 
include a classified annex. 
(5) PUBLICATION.—Each report submitted 
under this subsection shall be made available to the 
public on the internet website of the Department of 
State. 
(l) RULEMAKING.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary, in con-
sultation with the Secretary of Defense and the Secretary 
of State, shall promulgate regulations to carry out this 
section, including establishing requirements for back-
ground checks. 
(m) SAVINGS PROVISION.—Nothing in this section 
may be construed to affect the authority of the Secretary 
under section 1059 of the National Defense Authorization 
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314 
Act for Fiscal Year 2006 (Public Law 109–163; 8 U.S.C. 
1101 note). 
SEC. 4311. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out this subtitle and the 
amendments made by this subtitle, including, in addition 
to annual funds derived from fee accounts of U.S. Citizen-
ship and Immigration Services, such sums as may be nec-
essary to reduce the backlog of asylum applications to the 
Refugee, Asylum and International Operations Direc-
torate. 
TITLE 
V—EMPLOYMENT 
AU-
THORIZATION 
AND 
PRO-
TECTING WORKERS FROM EX-
PLOITATION 
SEC. 5101. COMMISSION ON EMPLOYMENT AUTHORIZA-
TION. 
(a) ESTABLISHMENT.—Not later than the date that 
is 180 days after the date of the enactment of this Act, 
the President, in conjunction with the President pro tem-
pore of the Senate and the Speaker of the House of Rep-
resentatives, shall establish the Employment Authoriza-
tion Commission (referred to in this section as the ‘‘Com-
mission’’). 
(b) COMPOSITION.— 
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315 
(1) IN
GENERAL.—The Commission shall be 
composed of 10 members, of whom— 
(A) 6 members shall be appointed by the 
President and shall include representatives of 
the employer, labor, and civil rights commu-
nities; 
(B) 2 members shall be appointed by the 
President pro tempore of the Senate, of 
whom— 
(i) 1 shall be appointed upon the rec-
ommendation of the leader in the Senate to 
represent the interests of employees who 
experience discrimination in the course of 
their employer or potential employer’s 
verification of their employment authoriza-
tion; and 
(ii) 1 shall be appointed upon the rec-
ommendation of the leader in the Senate to 
represent the interests of employers; and 
(C) 2 members shall be appointed by the 
Speaker of the House of Representatives, of 
whom— 
(i) 1 shall be appointed upon the rec-
ommendation of the leader in the House of 
Representatives to represent the interests 
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316 
of employees who experience discrimination 
in the course of their employer or potential 
employer’s verification of their employment 
authorization; and 
(ii) 1 shall be appointed upon the rec-
ommendation of the leader in the House of 
Representatives to represent the interests 
of employers. 
(2) QUALIFICATIONS FOR APPOINTMENT.—The 
members of the Commission shall be distinguished 
individuals who are noted for their knowledge and 
experience in the field of employment verification. 
(3) TIME
OF
APPOINTMENT.—The appoint-
ments required under paragraph (1) shall be made 
not later than 180 days after the date of the enact-
ment of this Act. 
(4) CHAIR.—At the first meeting of the Com-
mission, a majority of the members of the Commis-
sion present and voting, including at least 6 mem-
bers of the Commission, shall elect the Chair of the 
Commission. 
(5) VACANCIES.—Any vacancy of the Commis-
sion shall not affect its powers, but shall be filled in 
the manner in which the original appointment was 
made. 
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317 
(6) RULES AND PROCEDURES.— 
(A) ESTABLISHMENT.—The Commission 
shall establish the rules and procedures of the 
Commission, which shall require the approval of 
at least 6 members of the Commission. 
(B) 
RECOMMENDATIONS
AND
DECI-
SIONS.—All recommendations and decisions of 
the Commission shall require the approval of at 
least 6 members of the Commission. Individual 
members may provide minority or dissenting 
opinions. 
(c) DUTIES.— 
(1) IN GENERAL.—The Commission shall— 
(A) make recommendations to the Presi-
dent, the Secretary, and Congress regarding 
policies to verify the eligibility of noncitizens for 
employment in the United States; 
(B) evaluate methods for verification of 
employment eligibility that respect— 
(i) the rights of employment-author-
ized individuals to work in the United 
States; and 
(ii) the freedom from discrimination 
based on race or national origin of all 
workers; and 
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318 
(C) review error rates for the E-Verify pro-
gram, including the impact on various popu-
lations by national origin, race, gender, and so-
cioeconomic background. 
(2) PUBLIC HEARINGS.— 
(A) IN GENERAL.—The Commission shall 
convene at least 1 public hearing on verification 
for employment of foreign nationals in the 
United States. 
(B) REPORT.—The Commission shall pro-
vide a summary of each hearing convened pur-
suant to subparagraph (A) to the President, the 
Secretary, and Congress. 
(d) ACCESS TO INFORMATION.—The Immigrant and 
Employee Rights Section of the Department of Justice 
shall furnish information to the Commission regarding 
employee complaints, mediations, and investigations in-
volving the employment eligibility verification practices of 
employers. 
(e) REPORT.—Not later than 180 days after all mem-
bers of the Commission have been appointed pursuant to 
subsection (b), the Commission shall submit a report to 
the President, the Secretary, and Congress that in-
cludes— 
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(1) specific policy recommendations for achiev-
ing and maintaining the goals specified in subsection 
(c); 
(2) recommendations for improvements to exist-
ing employment verification systems, such as the I– 
9 process and E-Verify, to ensure that workers are 
not denied employment on the basis of false 
positives. 
(f) TRAVEL EXPENSES.—Members of the Commis-
sion shall be allowed travel expenses, including per diem 
in lieu of subsistence at rates authorized for employees 
of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their homes or reg-
ular places of business in the performance of services for 
the Commission. 
(g) ADMINISTRATIVE SUPPORT.—The Secretary shall 
provide the Commission such staff and administrative 
services as may be necessary and appropriate for the Com-
mission to perform its functions. Any employee of the ex-
ecutive branch of Government may be detailed to the Com-
mission without reimbursement to the agency of that em-
ployee and such detail shall be without interruption or loss 
of civil service or status or privilege. 
(h) COMPTROLLER GENERAL REVIEW.—The Comp-
troller General of the United States shall review the rec-
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320 
ommendations in the report submitted pursuant to sub-
section (e) to determine— 
(1) which recommendations are most likely to 
improve existing employment verification systems; 
and 
(2) whether such recommendations are feasible 
within existing budget constraints. 
(i) TERMINATION.—The Commission shall terminate 
on the date that is 2 years after the date of the enactment 
of this Act. 
SEC. 5102. POWER ACT. 
(a) PROTECTION FOR VICTIMS OF LABOR AND EM-
PLOYMENT VIOLATIONS.—Section 101(a)(15)(U) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(U)) is amended— 
(1) in clause (i)— 
(A) by amending subclause (I) to read as 
follows: 
‘‘(I) the noncitizen— 
‘‘(aa) has suffered substantial 
abuse or harm as a result of having 
been a victim of criminal activity de-
scribed in clause (iii); 
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321 
‘‘(bb) has suffered substantial 
abuse or harm related to a violation 
described in clause (iv); 
‘‘(cc) is a victim of criminal ac-
tivity described in clause (iii) and 
would suffer extreme hardship upon 
removal; or 
‘‘(dd) has suffered a violation de-
scribed in clause (iv) and would suffer 
extreme hardship upon removal;’’; 
(B) in subclause (II), by inserting ‘‘, or a 
labor or employment violation resulting in a 
workplace claim described in clause (iv)’’ before 
the semicolon at the end; 
(C) in subclause (III)— 
(i) by striking ‘‘or State judge, to the 
Service’’ and inserting ‘‘, State, or local 
judge, to the Department of Homeland Se-
curity, to the Equal Employment Oppor-
tunity Commission, to the Department of 
Labor, to the National Labor Relations 
Board’’; and 
(ii) by inserting ‘‘, or investigating, 
prosecuting, or seeking civil remedies for a 
labor or employment violation related to a 
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322 
workplace claim described in clause (iv)’’ 
before the semicolon at the end; and 
(D) in subclause (IV)— 
(i) by inserting ‘‘(aa)’’ after ‘‘(IV)’’; 
(ii) by inserting ‘‘or’’ after the semi-
colon at the end; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(bb) a workplace claim described in clause 
(iv) resulted from a labor or employment viola-
tion;’’; 
(2) in clause (ii)(II), by striking ‘‘and’’ at the 
end; 
(3) in clause (iii), by striking ‘‘or’’ at the end 
and inserting ‘‘and’’; and 
(4) by adding at the end the following: 
‘‘(iv) if the labor or employment violation re-
lated to a workplace claim, the noncitizen— 
‘‘(I) has filed, is a material witness in, or 
is likely to be helpful in the investigation of, a 
bona fide workplace claim (as defined in section 
274A(e)(10)(B)(i)(II)); and 
‘‘(II) reasonably fears, has been threatened 
with, or has been the victim of, an action in-
volving force, physical restraint, retaliation, or 
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323 
abuse of the immigration or other legal process 
against the noncitizen or another person by the 
employer in relation to acts underlying the 
workplace claim or related to the filing of the 
workplace claim; or’’. 
(b) REQUIREMENTS
APPLICABLE
TO
U NON-
IMMIGRANT VISAS.—Section 214(p) of the Immigration 
and Nationality Act (8 U.S.C. 1184(p)), as amended by 
section 4304, is further amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘The petition’’ and insert-
ing the following: 
‘‘(A) IN GENERAL.—The petition’’; 
(B) by inserting ‘‘or investigating, pros-
ecuting, or seeking civil remedies for workplace 
claims described in section 101(a)(15)(U)(iv)’’ 
after ‘‘section 101(a)(15)(U)(iii)’’ each place 
such term appears; and 
(C) by adding at the end the following: 
‘‘(B) FEES.—A noncitizen petitioning for, 
or having status under, section 101(a)(15)(U) 
may not be required to submit any fee (or re-
quest any fee waiver) in connection with such 
petition or status, including fees associated with 
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324 
biometric services or an application for advance 
permission to enter as a nonimmigrant. 
‘‘(C) 
CONFIDENTIALITY
OF
INFORMA-
TION.—The Secretary of Homeland Security 
and the Attorney General may not use the in-
formation furnished pursuant to a petition for 
status under section 101(a)(15)(U) for pur-
poses of initiating or carrying out a removal 
proceeding.’’; 
(2) in paragraph (6)— 
(A) by inserting ‘‘or workplace claims de-
scribed in section 101(a)(15)(U)(iv)’’ after ‘‘de-
scribed in section 101(a)(15)(U)(iii)’’; and 
(B) by inserting ‘‘or workplace claim’’ 
after ‘‘prosecution of such criminal activity’’; 
and 
(3) by adding at the end the following: 
‘‘(9) TEMPORARY PROTECTION
FOR VICTIMS 
OF
CRIME, LABOR, AND
EMPLOYMENT
VIOLA-
TIONS.—Notwithstanding any other provision of law, 
the Secretary of Homeland Security may permit a 
noncitizen to temporarily remain in the United 
States, and grant such noncitizen employment au-
thorization, if the Secretary determines that the 
noncitizen— 
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‘‘(IX) other Federal, State, or local 
authorities investigating, prosecuting, or 
seeking civil remedies related to the work-
place claim.’’. 
(c) REMOVAL PROCEEDINGS.—Section 239(e) of the 
Immigration and Nationality Act (8 U.S.C. 1229(e)) is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘In cases where’’ and in-
serting ‘‘If’’; and 
(B) by inserting ‘‘or as a result of informa-
tion provided to the Department of Homeland 
Security in retaliation against individuals for 
exercising or attempting to exercise their em-
ployment rights or other legal rights’’ after 
‘‘paragraph (2)’’; and 
(2) in paragraph (2), by adding at the end the 
following: 
‘‘(C) At a facility about which a workplace 
claim has been filed or is contemporaneously 
filed.’’. 
(d) ADJUSTMENT
OF STATUS
FOR VICTIMS
OF 
CRIMES.—Section 245(m)(1) of the Immigration and Na-
tionality Act (8 U.S.C. 1255(m)(1)) is amended— 
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(1) in the matter preceding subparagraph (A), 
by inserting ‘‘The’’ before ‘‘Secretary of Homeland 
Security’’; and 
(2) by inserting ‘‘or an investigation or prosecu-
tion regarding a workplace claim’’ after ‘‘prosecu-
tion’’. 
(e) UNLAWFUL EMPLOYMENT OF NONCITIZENS.— 
Section 274A(e) of the Immigration and Nationality Act 
(8 U.S.C. 1324a(e)) is amended by adding at the end the 
following: 
‘‘(10) CONDUCT IN ENFORCEMENT ACTIONS.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) MATERIAL WITNESS.—The term 
‘material witness’ means an individual who 
presents a declaration from an attorney in-
vestigating, prosecuting, or defending the 
workplace claim or from the presiding offi-
cer overseeing the workplace claim attest-
ing that, to the best of the declarant’s 
knowledge and belief, reasonable cause ex-
ists to believe that the testimony of the in-
dividual will be relevant to the outcome of 
the workplace claim. 
‘‘(ii) WORKPLACE CLAIM.—The term 
‘workplace claim’ means any written or 
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oral claim, charge, complaint, or grievance 
filed with, communicated to, or submitted 
to the employer, a Federal, State, or local 
agency or court, or an employee represent-
ative related to the violation of applicable 
Federal, State, and local labor laws, in-
cluding laws concerning wages and hours, 
labor relations, family and medical leave, 
occupational health and safety, civil rights, 
or nondiscrimination. 
‘‘(B) ENFORCEMENT ACTION.—If the Sec-
retary of Homeland Security conducts an en-
forcement action at a facility about which a 
workplace claim has been filed or is contem-
poraneously filed, or as a result of information 
provided to the Department of Homeland Secu-
rity in retaliation against employees for exer-
cising their rights related to a workplace claim, 
the Secretary shall ensure that— 
‘‘(i) any noncitizens arrested or de-
tained who are necessary for the investiga-
tion or prosecution of workplace claim vio-
lations or criminal activity (as described in 
subparagraph (T) or (U) of section 
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101(a)(15)) are not removed from the 
United States until after the Secretary— 
‘‘(I) notifies the appropriate law 
enforcement agency with jurisdiction 
over such violations or criminal activ-
ity; and 
‘‘(II) provides such agency with 
the opportunity to interview such non-
citizens; and 
‘‘(ii) noncitizens entitled to a stay of 
removal or abeyance of removal pro-
ceedings under this section are not re-
moved. 
‘‘(C) 
PROTECTIONS
FOR
VICTIMS
OF 
CRIME, 
LABOR, 
AND
EMPLOYMENT
VIOLA-
TIONS.— 
‘‘(i) STAY OF REMOVAL OR ABEYANCE 
OF REMOVAL PROCEEDINGS.—Any noncit-
izen against whom removal proceedings 
have been initiated under chapter 4 of title 
II, who has filed a workplace claim, who is 
a material witness in any pending or an-
ticipated proceeding involving a bona fide 
workplace claim, or who has filed for relief 
under section 101(a)(15)(U), shall be enti-
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330 
tled to a stay of removal or an abeyance of 
removal proceedings and to employment 
authorization until the later of the resolu-
tion of the workplace claim or the denial of 
relief under section 101(a)(15)(U) after 
exhaustion of administrative appeals unless 
the Secretary establishes, by a preponder-
ance of the evidence in proceedings before 
the immigration judge presiding over such 
noncitizen’s removal hearing, that— 
‘‘(I) the noncitizen has been con-
victed of a felony or; 
‘‘(II) the workplace claim was 
filed in bad faith with the intent to 
delay or avoid the noncitizen’s re-
moval. 
‘‘(ii) DURATION.—Any stay of re-
moval or abeyance of removal proceedings 
and employment authorization issued pur-
suant to clause (i)— 
‘‘(I) shall remain valid until the 
resolution of the workplace claim or 
the denial of relief under section 
101(a)(15)(U) after the exhaustion of 
administrative appeals; and 
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331 
‘‘(II) shall be extended by the 
Secretary of Homeland Security for a 
period not to exceed 10 additional 
years upon determining that— 
‘‘(aa) such relief would en-
able the noncitizen asserting a 
workplace claim to pursue the 
claim to resolution; 
‘‘(bb) the deterrent goals of 
any statute underlying a work-
place claim would be served; or 
‘‘(cc) such extension would 
otherwise further the interests of 
justice.’’. 
(f) CHANGE OF NONIMMIGRANT CLASSIFICATION.— 
Section 384(a)(1) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 
1367(a)(1)) is amended— 
(1) in subparagraph (E), by striking ‘‘physical 
or mental abuse and the criminal activity,’’ and in-
serting ‘‘abuse and the criminal activity or work-
place claim;’’; 
(2) in subparagraph (F), by striking the comma 
at the end and inserting ‘‘; or’’; and 
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332 
(3) by inserting after subparagraph (F) the fol-
lowing: 
‘‘(G) the noncitizen’s employer,’’. 
SEC. 5103. ADDITIONAL CIVIL PENALTY. 
Section 274A of the Immigration and Nationality Act 
(8 U.S.C. 1324a) is amended— 
(1) in subsection (a)— 
(A) by redesignating paragraph (7) as 
paragraph (8); and 
(B) by inserting after paragraph (6) the 
following: 
‘‘(7) ADDITIONAL CIVIL PENALTIES.—An em-
ployer is subject to an additional civil penalty under 
subsection (e)(12) if— 
‘‘(A) the employer engages in a civil viola-
tion of Federal, State, or local labor laws, in-
cluding— 
‘‘(i) laws concerning wages and hours, 
labor relations, family and medical leave, 
occupational health and safety, civil rights, 
or nondiscrimination; and 
‘‘(ii) a finding by the agency enforcing 
such law in the course of a final settlement 
of such violation; and 
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333 
‘‘(B) such violation takes place with re-
spect to an unauthorized worker.’’; 
(2) in subsection (e), as amended by section 
5102(f), by adding at the end the following: 
‘‘(11) 
ADDITIONAL
CIVIL
PENALTIES.—An 
order under this subsection for a violation of sub-
section (a)(7) shall require the employer— 
‘‘(A) to cease and desist from such viola-
tion; and 
‘‘(B) to pay a civil penalty in an amount 
not to exceed $5,000 for each unauthorized 
noncitizen with respect to whom a violation of 
such subsection occurred.’’; and 
(3) in subsection (f)(2), by striking ‘‘(1)(A) or 
(2)’’ and inserting ‘‘(1)(A), (2), or (7)’’. 
SEC. 5104. CONTINUED APPLICATION OF WORKFORCE AND 
LABOR PROTECTION REMEDIES. 
Section 274A(e) of the Immigration and Nationality 
Act, as amended by sections 5102(e) and 5103(2), is fur-
ther amended by adding at the end the following: 
‘‘(12) RIGHTS, REMEDIES, AND RELIEF.—Not-
withstanding an employee’s status as an unauthor-
ized noncitizen during the time of relevant employ-
ment or during the back pay period or the failure of 
the employer or employee to comply with the re-
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334 
quirements under this section or with any other pro-
vision of Federal law relating to the unlawful em-
ployment of noncitizens— 
‘‘(A) all rights, remedies, and relief pro-
vided under any Federal, State, or local law re-
lating to workplace rights, including reinstate-
ment and back pay, are available to such em-
ployee; and 
‘‘(B) a court may not prohibit such an em-
ployee from pursuing other causes of action giv-
ing rise to liability in a civil action.’’. 
SEC. 5105. PROHIBITION ON DISCRIMINATION BASED ON 
NATIONAL ORIGIN OR CITIZENSHIP STATUS. 
(a) IN GENERAL.—Section 274B(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324b(a)) is amended 
to read as follows: 
‘‘(a) PROHIBITION ON DISCRIMINATION BASED ON 
NATIONAL ORIGIN OR CITIZENSHIP STATUS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), it is an unfair immigration-re-
lated employment practice for a person, other entity, 
or employment agency to discriminate against any 
individual (other than an unauthorized noncitizen 
(as defined in section 274A(h)(3))) because of such 
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individual’s national origin or citizenship status, 
with respect to— 
‘‘(A) the hiring of the individual for em-
ployment; 
‘‘(B) the verification of the individual’s eli-
gibility to work in the United States; or 
‘‘(C) the discharging of the individual from 
employment. 
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 
apply to— 
‘‘(A) a person, other entity, or employer 
that employs 3 or fewer employees (other than 
an employment agency); 
‘‘(B) a person’s or entity’s discrimination 
based upon an individual’s national origin if the 
discrimination with respect to that employer, 
person, or entity and that individual is covered 
under section 703 of the Civil Rights Act of 
1964 (42 U.S.C. 2000e–2), unless the discrimi-
nation is related to an individual’s verification 
of employment authorization; or 
‘‘(C) discrimination based upon an individ-
ual’s citizenship status if such discrimination— 
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‘‘(i) is required in order to comply 
with a provision of Federal, State, or local 
law related to law enforcement; 
‘‘(ii) is required by a contract with the 
Federal Government; or 
‘‘(iii) is determined by the Secretary 
of Homeland Security or the Attorney 
General to be essential for an employer to 
do business with an agency or department 
of the Federal Government or with a 
State, Tribal, or local government. 
‘‘(3) 
ADDITIONAL
EXCEPTION
PROVIDING 
RIGHT TO PREFER EQUALLY QUALIFIED CITIZENS.— 
It is not an unfair immigration-related employment 
practice for an employer to prefer to hire, recruit, or 
refer for a fee an individual who is a citizen or na-
tional of the United States over another individual 
who is a noncitizen if the 2 individuals are equally 
qualified. 
‘‘(4) UNFAIR IMMIGRATION-RELATED EMPLOY-
MENT PRACTICES RELATING TO THE SYSTEM.—It is 
an unfair immigration-related employment practice 
for a person, other entity, or employment agency— 
‘‘(A) to use the employment verification 
system described in section 274A (referred to in 
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this title as the ‘System’) to deny workers’ em-
ployment or post-employment benefits; 
‘‘(B) to misuse the System to discriminate 
based on national origin or citizenship status; 
‘‘(C) to require an employee or prospective 
employee to use any self-verification feature of 
the System or provide, as a condition of appli-
cation or employment, any self-verification re-
sults; 
‘‘(D) 
to 
use 
an 
immigration 
status 
verification system, service, or method other 
than those described in section 274A for pur-
poses of verifying employment eligibility; 
‘‘(E) 
to 
grant 
access 
to 
document 
verification or System data, to any individual or 
entity not authorized to have such access; or 
‘‘(F) to fail to take reasonable safeguards 
to protect against unauthorized loss, use, alter-
ation, or destruction of System data. 
‘‘(5) PROHIBITION OF INTIMIDATION OR RETAL-
IATION.—It is an unfair immigration-related employ-
ment practice for a person, other entity, or employ-
ment agency to intimidate, threaten, coerce, or re-
taliate against any individual— 
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338 
‘‘(A) for the purpose of interfering with 
any right or privilege secured under this sec-
tion; or 
‘‘(B) because the individual intends to file, 
or has filed, a charge or a complaint, or testi-
fied, assisted, or participated in any manner in 
an investigation, proceeding, or hearing under 
this section. 
‘‘(6) TREATMENT OF CERTAIN DOCUMENTARY 
PRACTICES AS EMPLOYMENT PRACTICES.—It is an 
unfair immigration-related employment practice for 
a person, other entity, or employment agency, for 
purposes of verifying employment eligibility— 
‘‘(A) to request that an individual submit 
specific documents, more documents, or dif-
ferent documents than are required under sec-
tion 274A; or 
‘‘(B) to refuse to honor documents sub-
mitted by an individual that reasonably appear 
on their face to be genuine. 
‘‘(7) PROHIBITION OF WITHHOLDING EMPLOY-
MENT
RECORDS.—It is an unfair immigration-re-
lated employment practice for an employer that is 
required under Federal, State, or local law to main-
tain records documenting employment, including 
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dates or hours of work and wages received, to fail 
to provide such records to any employee to whom the 
records pertain, upon request by such employee. 
‘‘(8) PROFESSIONAL, COMMERCIAL, AND BUSI-
NESS LICENSES.—An individual who is authorized to 
be employed in the United States may not be denied 
a professional, commercial, or business license on 
the basis of his or her immigration status. 
‘‘(9) EMPLOYMENT AGENCY DEFINED.—In this 
section, the term ‘employment agency’ means any 
employer, person, entity, or agent of such employer, 
person, or entity that regularly undertakes, with or 
without compensation, to procure employees for em-
ployers or to procure for employees opportunities to 
work for employers.’’. 
(b) REFERRAL BY EEOC.—Section 274B(b) of the 
Immigration and Nationality Act (8 U.S.C. 1324b(b)) is 
amended by adding at the end the following: 
‘‘(3) REFERRAL BY EEOC.—The Equal Employ-
ment Opportunity Commission shall refer all matters 
alleging 
immigration-related 
unfair 
employment 
practices filed with the Commission, including those 
alleging violations of paragraph (1), (4), (5), or (6) 
of subsection (a), to the Immigrant and Employment 
Rights Section of the Department of Justice.’’. 
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(c) FINES.— 
(1) IN GENERAL.—Section 274B(g)(2)(B)(iv) of 
the Immigration and Nationality Act (8 U.S.C. 
1324b(g)(2)(B)(iv)) is amended to read as follows: 
‘‘(iv) to pay the civil penalties set 
forth in this clause, which may be adjusted 
periodically to account for inflation, includ-
ing— 
‘‘(I) except as provided in sub-
clauses (II) through (IV), a civil pen-
alty of not less than $2,000 and not 
more than $5,000 for each individual 
subjected to an unfair immigration-re-
lated employment practice; 
‘‘(II) except as provided in sub-
clauses (III) and (IV), in the case of 
an employer, person, or entity pre-
viously subject to 1 order under this 
paragraph, a civil penalty of not less 
than $4,000 and not more than 
$10,000 for each individual subjected 
to an unfair immigration-related em-
ployment practice; 
‘‘(III) except as provided in sub-
clause (IV), in the case of an em-
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341 
ployer, person, or entity previously 
subject to more than 1 order under 
this paragraph, a civil penalty of not 
less than $8,000 and not more than 
$25,000 for each individual subjected 
to an unfair immigration-related em-
ployment practice; and 
‘‘(IV) in the case of an unfair im-
migration-related employment practice 
described in paragraphs (4) through 
(7) of subsection (a), a civil penalty of 
not less than $500 and not more than 
$2,000 for each individual subjected 
to an unfair immigration-related em-
ployment practice.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1)— 
(A) shall take effect on the date that is 1 
year after the date of the enactment of this Act; 
and 
(B) shall apply to violations occurring on 
or after such date of enactment. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 
274B(l)(3) (8 U.S.C. 1324b(l)(3)) is amended to read as 
follows: 
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342 
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection— 
‘‘(A) $10,000,000 for each fiscal year (be-
ginning with fiscal year 1991); and 
‘‘(B) an additional $40,000,000 for each of 
fiscal years 2022 through 2024.’’. 
SEC. 5106. FAIRNESS FOR FARMWORKERS. 
(a) IN GENERAL.—Section 7 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 207) is amended— 
(1) in subsection (a), by adding at the end the 
following: 
‘‘(3)(A) Except as provided in subparagraph (C), be-
ginning on January 1, 2022, no employer shall employ any 
employee employed in agriculture who in any workweek 
is engaged in commerce or in the production of goods for 
commerce, or is employed in an enterprise engaged in 
commerce or in the production of goods for commerce for 
a workweek that is longer than the hours specified under 
subparagraph (B), unless such employee receives com-
pensation for employment in excess of the hours specified 
in such subparagraph at a rate not less than 150 percent 
of the regular rate at which the employee is employed. 
‘‘(B) The hours specified in this subparagraph are, 
subject to subparagraph (C), as follows: 
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