152 
‘‘(A) IN
GENERAL.—After completion of 
such form in accordance with paragraphs (1) 
and (2), the person or entity must— 
‘‘(i) retain the form and make it avail-
able for inspection by officers of the De-
partment of Homeland Security, the Spe-
cial Counsel for Immigration-Related Un-
fair Employment Practices, or the Depart-
ment of Labor during a period beginning 
on the date of the hiring, recruiting, or re-
ferral of the individual and ending— 
‘‘(I) in the case of the recruiting 
or referral for a fee (without hiring) 
of an individual, three years after the 
date of the recruiting or referral; and 
‘‘(II) in the case of the hiring of 
an individual, the later of— 
‘‘(aa) three years after the 
date of such hiring; or 
‘‘(bb) one year after the 
date the individual’s employment 
is terminated; and 
‘‘(ii) make an inquiry, as provided in 
paragraph (4), using the verification sys-
tem to seek verification of the identity and
153 
employment eligibility of an individual, by 
not later than the end of 3 working days 
(as specified by the Secretary of Homeland 
Security) after the date of the hiring (or 
recruitment or referral, as the case may 
be). 
‘‘(B) VERIFICATION.— 
‘‘(i) VERIFICATION RECEIVED.—If the 
person or other entity receives an appro-
priate verification of an individual’s iden-
tity 
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 indi-
cates a final verification of such identity 
and work eligibility of the individual. 
‘‘(ii) TENTATIVE
NONVERIFICATION 
RECEIVED.—If the person or other entity 
receives a tentative nonverification 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
154 
not contest the nonverification within the 
time period specified, the nonverification 
shall be considered final. The person or en-
tity shall then record on the form an ap-
propriate code which has been provided 
under the system to indicate a tentative 
nonverification. If the individual does con-
test the nonverification, the individual shall 
utilize 
the 
process 
for 
secondary 
verification provided under paragraph (4). 
The nonverification will remain tentative 
until a final verification or nonverification 
is provided by the verification system with-
in the time period specified. In no case 
shall an employer terminate employment of 
an individual because of a failure of the in-
dividual to have identity and work eligi-
bility confirmed under this section until a 
nonverification becomes final. Nothing in 
this clause shall apply to a termination of 
employment for any reason other than be-
cause of such a failure. 
‘‘(iii) 
FINAL
VERIFICATION
OR 
NONVERIFICATION
RECEIVED.—If a final 
verification or nonverification is provided
155 
by the verification system regarding an in-
dividual, the person or entity shall record 
on the form an appropriate code that is 
provided under the system and that indi-
cates a verification or nonverification of 
identity and work eligibility of the indi-
vidual. 
‘‘(iv) EXTENSION
OF
TIME.—If the 
person or other entity in good faith at-
tempts to make an inquiry during such 3 
working days 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 re-
ceived all inquiries. If the verification sys-
tem 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 pre-
vious sentence to apply to such an inquiry, 
and does not have to provide any addi-
tional proof concerning such inquiry.
156 
‘‘(v) 
CONSEQUENCES
OF 
NONVERIFICATION.—If the person or other 
entity has received a final nonverification 
regarding an individual, the person or enti-
ty shall terminate employment (or recruit-
ment or referral) of the individual.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect 2 years after the date of 
the enactment of this Act. Retention of form requirements 
under section 274A(b)(3) of the Immigration and Nation-
ality Act, as in effect before such effective date, shall re-
main in effect as if this section had not been enacted for 
forms completed before such effective date. 
SEC. 512. EMPLOYMENT ELIGIBILITY VERIFICATION SYS-
TEM. 
(a) IN GENERAL.—Section 274A(b)(4) (8 U.S.C. 
1324a(b)(4)) is amended to read as follows: 
‘‘(4) EMPLOYMENT ELIGIBILITY VERIFICATION 
SYSTEM.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security shall establish a verification 
system through which the Secretary (or a des-
ignee of the Secretary, which may be a non-
governmental entity)—
157 
‘‘(i) responds to inquiries made by 
persons at any time through a toll-free 
telephone line or other toll-free electronic 
media concerning an individual’s identity 
and whether the individual is authorized to 
be employed; and 
‘‘(ii) maintains records of the inquir-
ies that were made, of verifications pro-
vided (or not provided), and of the codes 
provided to inquirers as evidence of their 
compliance with their obligations under 
this section. 
To the extent practicable, the Secretary shall 
seek to establish such a system using one or 
more nongovernmental entities. 
‘‘(B) INITIAL RESPONSE.—The verification 
system shall provide verification or a tentative 
nonverification of an individual’s identity and 
employment eligibility within 3 working days of 
the initial inquiry. If providing verification or 
tentative nonverification, the verification system 
shall provide an appropriate code indicating 
such verification or such nonverification. 
‘‘(C) SECONDARY VERIFICATION PROCESS 
IN CASE OF TENTATIVE NONVERIFICATION.—In
158 
cases of tentative nonverification, the Secretary 
of Homeland Security shall specify, in consulta-
tion with the Commissioner of Social Security, 
an available secondary verification process to 
confirm the validity of information provided and 
to provide a final verification or nonverification 
within 7 working days after the date of the ten-
tative nonverification. When final verification or 
nonverification is provided, the verification sys-
tem shall provide an appropriate code indicating 
such verification or nonverification. 
‘‘(D) DESIGN
AND
OPERATION
OF
SYS-
TEM.—The verification system shall be designed 
and operated— 
‘‘(i) 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; 
‘‘(ii) 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 inquir-
ies are not received;
159 
‘‘(iii) with appropriate administrative, 
technical, and physical safeguards to pre-
vent unauthorized disclosure of personal 
information; and 
‘‘(iv) 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; 
‘‘(II) the use of the system prior 
to an offer of employment; or 
‘‘(III) the exclusion of certain in-
dividuals from consideration for em-
ployment as a result of a perceived 
likelihood that additional verification 
will be required, beyond what is re-
quired for most job applicants. 
‘‘(E) RESPONSIBILITIES OF THE COMMIS-
SIONER OF SOCIAL SECURITY.—As part of the 
verification system, the Commissioner of Social 
Security, in consultation with the entity respon-
sible for administration of the system, shall es-
tablish a reliable, secure method, which, within 
the time periods specified under subparagraphs
160 
(B) and (C), verifies, for each individual whose 
identity and employment eligibility must be con-
firmed under this section, the individual’s name 
and social security account number, the cor-
respondence of the name and number, and 
whether the social security number presented is 
valid for employment. The Commissioner shall 
not disclose or release social security informa-
tion 
(other 
than 
such 
verification 
or 
nonverification). If, in carrying out this sub-
paragraph, the Commissioner becomes aware of 
a suspicious pattern of use of a social security 
account number, the Commissioner shall inves-
tigate such suspicious pattern, or shall notify 
the Secretary of Homeland Security of it. Noth-
ing in the Social Security Act or any other pro-
vision of law shall be construed to prevent the 
Commissioner from so notifying the Secretary. 
Upon receipt of such notification, the Secretary 
shall investigate in lieu of the Commissioner. 
‘‘(F) RESPONSIBILITIES
OF
THE
SEC-
RETARY OF HOMELAND SECURITY.—As part of 
the verification system, the Secretary of Home-
land Security, in consultation with the entity 
responsible for administration of the system,
161 
shall establish a reliable, secure method, which, 
within the time periods specified under sub-
paragraphs (B) and (C), compares the name 
and alien identification or authorization number 
which are provided in an inquiry against such 
information maintained by the Secretary in 
order to validate (or not validate) the informa-
tion provided, the correspondence of the name 
and number, and whether the alien is author-
ized to be employed in the United States. 
‘‘(G) 
UPDATING
INFORMATION.—The 
Commissioner of Social Security and the Sec-
retary 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 informa-
tion, including instances in which it is brought 
to their attention in the secondary verification 
process described in subparagraph (C). 
‘‘(H) 
LIMITATION
ON
USE
OF
THE 
VERIFICATION SYSTEM AND ANY RELATED SYS-
TEMS.—Nothing in this paragraph shall be con-
strued to authorize, directly or indirectly, the 
issuance or use of national identification cards
162 
or the establishment of a national identification 
card. 
‘‘(I) FEDERAL TORT CLAIMS ACT.—If an 
individual alleges that the individual would not 
have been dismissed from a job but for an error 
of the verification mechanism, the individual 
may seek compensation only through the mech-
anism of the Federal Tort Claims Act, and in-
junctive relief to correct such error. No class 
action may be brought under this subpara-
graph. 
‘‘(J) PROTECTION
FROM
LIABILITY
FOR 
ACTIONS TAKEN ON THE BASIS OF INFORMA-
TION.—No person or entity shall be civilly or 
criminally liable for any action taken in good 
faith reliance on information provided through 
the employment eligibility verification mecha-
nism established under this paragraph.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect 2 years after the date of 
the enactment of this Act.
163 
SEC. 513. NOTIFICATION BY COMMISSIONER OF FAILURE 
TO CORRECT SOCIAL SECURITY INFORMA-
TION. 
The Commissioner of Social Security shall promptly 
notify the Secretary of Homeland Security of the failure 
of any individual to provide, upon any request of the Com-
missioner made pursuant to section 205(c)(2) of the Social 
Security Act (42 U.S.C. 405(c)(2)), evidence necessary, 
under such section— 
(1) to establish the age, citizenship, or alien 
status of the individual; 
(2) to establish such individual’s true identity; 
or 
(3) to determine which (if any) social security 
account number has previously been assigned to 
such individual. 
SEC. 514. PROTECTION FOR INDIVIDUALS REPORTING IM-
MIGRATION LAW VIOLATIONS. 
Section 274B(a)(5) of the Immigration and Nation-
ality Act (8 U.S.C. 1324b(a)(5)) is amended by adding 
at the end the following: ‘‘Notwithstanding any other pro-
vision of law, the rights protected by this paragraph in-
clude the right of any individual to report a violation or 
suspected violation of any immigration law to the Depart-
ment of Homeland Security or a law enforcement agen-
cy.’’.
164 
Subtitle C—Miscellaneous 
SEC. 521. EXPEDITED EXCLUSION. 
Section 235(b)(1)(A) (8 U.S.C. 1225(b)(1)(A)) is 
amended by striking clauses (i) through (iii) and inserting 
the following: 
‘‘(i) IN GENERAL.—If an immigration 
officer determines that an alien (other 
than an alien described in subparagraph 
(F)) who is arriving in the United States, 
or who has not been admitted or paroled 
into the United States and has not been 
physically present in the United States 
continuously for the 5-year period imme-
diately prior to the date of the determina-
tion of inadmissibility under this para-
graph, 
is 
inadmissible 
under 
section 
212(a)(6)(C) or 212(a)(7), the officer shall 
order the alien removed from the United 
States without further hearing or review, 
unless— 
‘‘(I) the alien has been charged 
with a crime; or 
‘‘(II) the alien indicates an inten-
tion to apply for asylum under section 
208 or a fear of persecution and the
165 
officer determines that the alien has 
been physically present in the United 
States for less than 1 year. 
‘‘(ii) CLAIMS FOR ASYLUM.—If an im-
migration officer determines that an alien 
(other than an alien described in subpara-
graph (F)) who is arriving in the United 
States, or who has not been admitted or 
paroled into the United States and has not 
been physically present in the United 
States continuously for the 5-year period 
immediately prior to the date of the deter-
mination of inadmissibility under this 
paragraph, is inadmissible under section 
212(a)(6)(C) or 212(a)(7), and the alien 
indicates either an intention to apply for 
asylum under section 208 or a fear of per-
secution, the officer shall refer the alien 
for an interview by an asylum officer under 
subparagraph (B) if the officer determines 
that the alien has been physically present 
in the United States for less than 1 year.’’. 
SEC. 522. ADJUSTMENT OF STATUS FOR CERTAIN ALIENS. 
(a) INELIGIBILITY FOR ADJUSTMENT OF STATUS.— 
Section 245(c) (8 U.S.C. 1255(c)) is amended by striking
166 
‘‘(other than an immediate relative as defined in section 
201(b) or a special immigrant described in section 
101(a)(27)(H), (I), (J), or (K))’’. 
(b) INAPPLICABILITY OF CERTAIN PROVISIONS FOR 
CERTAIN
IMMIGRANTS.—Section 
245(k) 
(8 
U.S.C. 
1255(k)) is amended to read as follows: 
‘‘(k) INAPPLICABILITY OF CERTAIN PROVISIONS FOR 
CERTAIN IMMIGRANTS.—An alien who is eligible to receive 
an immigrant visa under paragraph (1), (2), or (3) of sec-
tion 203(b), as an immediate relative as defined in section 
201(b), or, in the case of an alien who is an immigrant 
described in subparagraph (C), (H), (I), (J), or (K) of 
section 101(a)(27), under section 203(b)(4), may adjust 
status pursuant to subsection (a) and notwithstanding 
paragraphs (2), (7), and (8) of subsection (c), if— 
‘‘(1) the alien, on the date of filing an applica-
tion for adjustment of status, is present in the 
United States pursuant to a lawful admission; and 
‘‘(2) the alien, subsequent to such lawful admis-
sion has not, for an aggregate period exceeding 180 
days— 
‘‘(A) failed to maintain continuously a law-
ful status; 
‘‘(B) engaged in unauthorized employment; 
or
167 
‘‘(C) otherwise violated the terms and con-
ditions of the alien’s admission.’’. 
SEC. 523. TERMINATION OF CONTINUOUS PRESENCE FOR 
PURPOSES OF CANCELLATION OF REMOVAL 
UPON COMMISSION OF OFFENSE RENDERING 
ALIEN INADMISSIBLE OR DEPORTABLE. 
(a) IN GENERAL.—Section 240A(d)(1) (8 U.S.C. 
1229b(d)(1)) is amended by striking ‘‘referred to in sec-
tion 212(a)(2)’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to aliens who are in proceedings 
under the Immigration and Nationality Act on or after 
the date of the enactment of this Act if those proceedings 
have not resulted in a final administrative order before 
such date. 
SEC. 524. REENTRY OF REMOVED ALIENS. 
(a) IN
GENERAL.—Section 276(a) (8 U.S.C. 
1326(a)) is amended to read as follows: 
‘‘SEC. 276. (a) Subject to subsection (b), any alien 
shall be fined under title 18, United States Code, or im-
prisoned not more than 2 years, or both, who— 
‘‘(1) has been denied admission, excluded, de-
ported, or removed or has departed the United 
States while an order of exclusion, deportation, or 
removal is outstanding; and
168 
‘‘(2) thereafter enters, attempts to enter, or is 
at any time found in, the United States, 
unless, in the case of an alien previously denied admission 
and removed, the alien establishes that the alien was not 
required to obtain from the Secretary of Homeland Secu-
rity advance consent to reapply for admission under this 
Act or any prior Act.’’. 
(b) CRIMINAL PENALTIES FOR REENTRY OF CER-
TAIN
REMOVED
ALIENS.—Section 276(b) (8 U.S.C. 
1326(b)) is amended— 
(1) in paragraph (3), by striking ‘‘sentence.’’ 
and inserting ‘‘sentence;’’; and 
(2) in paragraph (4), by striking ‘‘(unless the 
Secretary of Homeland Security has expressly con-
sented to such alien’s reentry)’’. 
(c) REENTRY OF ALIENS REMOVED PRIOR TO COM-
PLETION OF IMPRISONMENT.—Section 276(c) (8 U.S.C. 
1326(c)) is amended— 
(1) by inserting ‘‘(as in effect prior to the effec-
tive date of the amendments made by section 305 of 
the Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996), or removed under section 
241(a)(4),’’ after ‘‘242(h)(2)’’;