219 
‘‘(2) the removal proceedings at which the order 
was issued improperly deprived the alien of the op-
portunity for judicial review; and 
‘‘(3) the entry of the order was fundamentally 
unfair. 
‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO COM-
PLETION OF TERM OF IMPRISONMENT.—Any alien re-
moved pursuant to section 241(a)(4) who enters, attempts 
to enter, crosses the border to, attempts to cross the bor-
der to, or is at any time found in, the United States shall 
be incarcerated for the remainder of the sentence of im-
prisonment which was pending at the time of deportation 
without any reduction for parole or supervised release un-
less the alien affirmatively demonstrates that the Sec-
retary of Homeland Security has expressly consented to 
the alien’s reentry. Such alien shall be subject to such 
other penalties relating to the reentry of removed aliens 
as may be available under this section or any other provi-
sion of law. 
‘‘(h) LIMITATION.—It is not aiding and abetting a 
violation of this section for an individual, acting without 
compensation or the expectation of compensation, to— 
‘‘(1) provide, or attempt to provide, an alien 
with humanitarian assistance, including emergency 
medical care, food; or 
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220 
‘‘(2) transport the alien to a location where 
such assistance can be rendered.’’. 
TITLE III—EMPLOYMENT 
VERIFICATION 
SEC. 301. EMPLOYMENT VERIFICATION. 
(a) IN GENERAL.—Section 274A (8 U.S.C. 1324a) 
is amended to read as follows: 
‘‘SEC. 274A. EMPLOYMENT VERIFICATION. 
‘‘(a) MAKING
EMPLOYMENT
OF
UNAUTHORIZED 
ALIENS UNLAWFUL.— 
‘‘(1) IN GENERAL.—It is unlawful for an em-
ployer— 
‘‘(A) to hire, recruit, or refer for a fee an 
alien for employment in the United States 
knowing or with reckless disregard that the 
alien is an unauthorized alien with respect to 
such employment; or 
‘‘(B) to hire in the United States an indi-
vidual unless such employer meets the require-
ments of subsections (b) and (c). 
‘‘(2) CONTINUING EMPLOYMENT.—It is unlaw-
ful for an employer, after lawfully hiring an alien for 
employment, to continue to employ the alien in the 
United States knowing that the alien is (or has be-
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221 
come) an unauthorized alien with respect to such 
employment. 
‘‘(3) USE OF LABOR THROUGH CONTRACT.—An 
employer who uses a contract, subcontract, or ex-
change entered into, renegotiated, or extended after 
the date of the enactment of the STRIVE Act of 
2007, to obtain the labor of an alien in the United 
States knowing or with reckless disregard that the 
alien is an unauthorized alien with respect to per-
forming such labor, shall be considered to have hired 
the alien for employment in the United States in vio-
lation of paragraph (1)(A). 
‘‘(4) ORDER OF INTERNAL REVIEW AND CER-
TIFICATION OF COMPLIANCE.— 
‘‘(A) AUTHORITY
TO
REQUIRE
CERTIFI-
CATION.—If the Secretary has reasonable cause 
to believe that an employer has failed to comply 
with this section, the Secretary is authorized, at 
any time, to require that the employer certify 
that the employer is in compliance with this 
section or has instituted a program to come 
into compliance with the section. 
‘‘(B) CONTENT OF CERTIFICATION.—Not 
later than 60 days after the date an employer 
receives a request for a certification under sub-
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222 
paragraph (A) the employer shall certify under 
penalty of perjury that— 
‘‘(i) the employer is in compliance 
with the requirements of subsections (b) 
and (c); or 
‘‘(ii) that the employer has instituted 
a program to come into compliance with 
such requirements. 
‘‘(C) EXTENSION.—The 60-day period re-
ferred to in subparagraph (B), may be extended 
by the Secretary for good cause, at the request 
of the employer. 
‘‘(D) PUBLICATION.—The Secretary is au-
thorized to publish in the Federal Register 
standards or methods for certification under 
subparagraph (A) and for specific record-
keeping practices with respect to such certifi-
cation, and procedures for the audit of any 
records related to such certification. 
‘‘(5) DEFENSE.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), an employer that establishes that 
the employer has complied in good faith, not-
withstanding a technical or procedural failure, 
with the requirements of subsections (b) and (c) 
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223 
with respect to the hiring of an individual has 
established an affirmative defense that the em-
ployer has not violated paragraph (1)(B) with 
respect to such hiring. 
‘‘(B) EXCEPTION.—Until the date that an 
employer is required to participate in the Elec-
tronic Employment Verification System under 
subsection (c), the employer may establish an 
affirmative defense under subparagraph (A) 
without a showing of compliance with sub-
section (c). 
‘‘(6) NO AUTHORIZATION OF NATIONAL IDENTI-
FICATION CARDS.—Nothing in this title may be con-
strued to authorize, directly or indirectly, the 
issuance, use, or establishment of a national identi-
fication card or a national identification system. 
‘‘(b) DOCUMENT VERIFICATION REQUIREMENTS.— 
An employer hiring an individual for employment in the 
United States shall verify that the individual is eligible for 
such employment by meeting the following requirements: 
‘‘(1) ATTESTATION BY EMPLOYER.— 
‘‘(A) REQUIREMENTS.— 
‘‘(i) IN
GENERAL.—The employer 
shall attest, under penalty of perjury and 
on a form prescribed by the Secretary, that 
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224 
the employer has verified the identity and 
eligibility for employment of the individual 
by examining a document described in sub-
paragraph (B). 
‘‘(ii) SIGNATURE
REQUIREMENTS.— 
An attestation required by clause (i) may 
be manifested by a handwritten or elec-
tronic signature. 
‘‘(iii) 
STANDARDS
FOR
EXAMINA-
TION.—An employer has complied with the 
requirement of this paragraph with respect 
to examination of a document if the docu-
ment examined reasonably appears on its 
face to be genuine and relates to the indi-
vidual whose identity and eligibility for em-
ployment in the United States is being 
verified. Nothing in this paragraph may be 
construed as requiring the employer to so-
licit the production of any other document 
or as requiring the individual to produce 
such other document. 
‘‘(B) EMPLOYMENT AND IDENTIFICATION 
DOCUMENTS.—A document described in this 
subparagraph is— 
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225 
‘‘(i) in the case of an individual who 
is a national of the United States— 
‘‘(I) a United States passport; 
‘‘(II) a biometric, machine read-
able, tamper-resistant Social Security 
card, 
as 
described 
in 
section 
205(c)(2)(G) of the Social Security 
Act (42 U.S.C. 405(c)(2)(G)); or 
‘‘(III) a driver’s license or iden-
tity card issued by a State, the Com-
monwealth of the Northern Mariana 
Islands, or an outlying possession of 
the United States that satisfies the 
requirements of Division B of Public 
Law 109–13 (119 Stat. 302); 
‘‘(ii) in the case of an alien who is 
lawfully admitted for permanent residence 
in the United States— 
‘‘(I) a permanent resident card, 
as specified by the Secretary; or 
‘‘(II) a biometric, machine read-
able, tamper-resistant Social Security 
card, 
as 
described 
in 
section 
205(c)(2)(G) of the Social Security 
Act (42 U.S.C. 405(c)(2)(G)); 
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226 
‘‘(iii) in the case of an alien who is 
not lawfully admitted for permanent resi-
dence and who is authorized under this Act 
or by the Secretary to be employed in the 
United States— 
‘‘(I) an employment authorization 
card, as specified by the Secretary, 
that— 
‘‘(aa) contains a photograph 
of the individual or other identi-
fying 
information, 
including 
name, date of birth, gender, and 
address; and 
‘‘(bb) contains security fea-
tures to make the document re-
sistant to tampering, counter-
feiting, and fraudulent use; or 
‘‘(II) a biometric, machine read-
able, tamper-resistant Social Security 
card, 
as 
described 
in 
section 
205(c)(2)(G) of the Social Security 
Act (42 U.S.C. 405(c)(2)(G)); 
‘‘(iv) in the case of an individual who 
is unable to obtain a document described 
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227 
in clause (i), (ii), or (iii), a document des-
ignated by the Secretary that— 
‘‘(I) contains a photograph of the 
individual or other identifying infor-
mation, including name, date of birth, 
gender, and address; and 
‘‘(II) contains security features 
to make the document resistant to 
tampering, counterfeiting, and fraudu-
lent use; or 
‘‘(v) until the date that an employer is 
required to participate in the Electronic 
Employment Verification System under 
subsection (c) or is participating in such 
System on a voluntary basis, a document, 
or a combination of documents, of such 
type that, as of the date of the enactment 
of the STRIVE Act of 2007, the Secretary 
had established by regulation were suffi-
cient for purposes of this section. 
‘‘(C) SPECIAL RULE FOR MINORS.—Not-
withstanding subparagraph (B), a minor who is 
under the age of 18 and who is unable to 
produce an identity document described in 
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228 
clause (i) through (v) of subparagraph (B) is 
exempt from producing such a document if— 
‘‘(i) a parent or legal guardian of the 
minor completes a form prescribed by the 
Secretary, and in the space for the minor’s 
signature, the parent or legal guardian 
writes the words, ‘minor under age 18’; 
‘‘(ii) a parent or legal guardian of the 
minor completes a form prescribed by the 
Secretary, the ‘Preparer/Translator certifi-
cation’; and 
‘‘(iii) the employer of the minor writes 
in a form prescribed by the Secretary, in 
the space after the words ‘Document Iden-
tification #’ the words, ‘minor under age 
18’. 
‘‘(D) SPECIAL
RULE
FOR
INDIVIDUALS 
WITH DISABILITIES.—Notwithstanding subpara-
graph (B), an individual with a disability (as 
defined in section 3 of the Americans with Dis-
abilities Act of 1990 (42 U.S.C. 12102)) who is 
unable to produce an identity document de-
scribed in clause (i) through (v) of subpara-
graph (B), and who is being placed into em-
ployment by a nonprofit organization or asso-
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229 
ciation or as part of a rehabilitation program, 
and an individual who demonstrates mental re-
tardation whether or not the individual partici-
pates in an employment placement program 
through a nonprofit organization or association 
or as part of a rehabilitation program, is ex-
empt from producing such a document if— 
‘‘(i) a parent or legal guardian of the 
individual, or a representative from the 
nonprofit organization, association, or re-
habilitation program placing the individual 
into a position of employment completes a 
form prescribed by the Secretary, and in 
the space for the covered individual’s sig-
nature, writes the words, ‘special place-
ment’; 
‘‘(ii) a parent or legal guardian of the 
individual or the program representative, 
completes a form prescribed by the Sec-
retary, the ‘Preparer/Translator certifi-
cation’; and 
‘‘(iii) the employer of the covered indi-
vidual writes in a form prescribed by the 
Secretary, in the space after the words 
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230 
‘Document Identification #’ the words, 
‘special placement’. 
‘‘(E) AUTHORITY
TO
PROHIBIT
USE
OF 
CERTAIN DOCUMENTS.— 
‘‘(i) AUTHORITY.—If the Secretary 
finds that a document or class of docu-
ments described in clause (i) through (v) of 
subparagraph (B) is not reliable to estab-
lish identity or eligibility for employment 
(as the case may be) or is being used 
fraudulently to an unacceptable degree, the 
Secretary is authorized to prohibit, or im-
pose conditions on, the use of such docu-
ment or class of documents for purposes of 
this subsection. 
‘‘(ii) REQUIREMENT
FOR
PUBLICA-
TION.—The Secretary shall publish notice 
of any findings under clause (i) in the Fed-
eral Register. 
‘‘(2) ATTESTATION OF INDIVIDUAL.— 
‘‘(A) IN
GENERAL.—The individual shall 
attest, under penalty of perjury on a form pre-
scribed by the Secretary, that the individual 
is— 
‘‘(i) a national of the United States; 
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231 
‘‘(ii) an alien lawfully admitted for 
permanent residence; or 
‘‘(iii) an alien who is authorized under 
this Act or by the Secretary to be em-
ployed in the United States. 
‘‘(B) SIGNATURE FOR EXAMINATION.—An 
attestation required by subparagraph (A) may 
be manifested by a handwritten or electronic 
signature. 
‘‘(C) 
PENALTIES.—An 
individual 
who 
falsely represents that the individual is eligible 
for employment in the United States in an at-
testation required by subparagraph (A) shall, 
for each such violation, be subject to a fine of 
not more than $5,000, a term of imprisonment 
not to exceed 3 years, or both. 
‘‘(3) RETENTION OF ATTESTATION.—The em-
ployer shall retain an attestation described in para-
graph (1) or (2) for an individual, either in elec-
tronic, paper, microfiche, or microfilm form, and 
make such attestations available for inspection by an 
officer of the Department of Homeland Security, 
any other person designated by the Secretary, the 
Special Counsel for Immigration-Related Unfair 
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232 
Employment Practices of the Department of Justice, 
or the Secretary of Labor— 
‘‘(A) during a period beginning on the date 
of the hiring of the individual and ending on 
the date that is the later of— 
‘‘(i) 3 years after the date of such hir-
ing; or 
‘‘(ii) 1 year after the date the individ-
ual’s employment is terminated; or 
‘‘(B) during a shorter period determined 
by the Secretary, if the Secretary reduces the 
period described in subparagraph (A) for the 
employer or a class of employers that includes 
the employer. 
‘‘(4) DOCUMENT
RETENTION
AND
RECORD-
KEEPING REQUIREMENTS.— 
‘‘(A) RETENTION
OF
DOCUMENTS.—Not-
withstanding any other provision of law, an em-
ployer shall retain, for the applicable period de-
scribed in paragraph (3), the following docu-
ments: 
‘‘(i) IN
GENERAL.—A paper, micro-
fiche, microfilm, or electronic copy of each 
document described in paragraph (1)(B) 
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233 
presented by an individual that is des-
ignated as a copied document. 
‘‘(ii) OTHER DOCUMENTS.—A record 
of any action taken, and copies of any cor-
respondence written or received, with re-
spect to the verification of an individual’s 
identity or eligibility for employment in the 
United States, including records received 
through 
the 
Electronic 
Employment 
Verification System under subsection (c). 
‘‘(B) USE OF RETAINED DOCUMENTS.—An 
employer shall use copies retained under clause 
(i) or (ii) of subparagraph (A) only for the pur-
poses of complying with the requirements of 
this subsection, except as otherwise permitted 
under law. 
‘‘(5) PENALTIES.—An employer that fails to 
comply with the requirement of this subsection shall 
be subject to the penalties described in subsection 
(d)(4)(B). 
‘‘(c) ELECTRONIC EMPLOYMENT VERIFICATION SYS-
TEM.— 
‘‘(1) REQUIREMENT
FOR
SYSTEM.—The Sec-
retary, in cooperation with the Commissioner of So-
cial Security, shall implement an Electronic Employ-
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