SEC. 
1102. 
EMPLOYMENT 
ELIGIBILITY 
VERIFICATION 
PROCESS. 
(a) IN GENERAL.—Section 274A(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324a(b)) is amended 
to read as follows: 
‘‘(b) 
EMPLOYMENT
ELIGIBILITY
VERIFICATION 
PROCESS.— 
‘‘(1) NEW HIRES, RECRUITMENT, AND REFER-
RAL.—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 refer-
ring 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 subpara-
graph (E)), the person or entity shall at-
test, under penalty of perjury and on a 
form, including electronic and telephonic 
formats, 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 unau-
thorized alien by— 
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‘‘(I) obtaining from the indi-
vidual 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 Depart-
ment 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 de-
scribed in clause (ii); or 
‘‘(bb) a document relating to 
the individual presenting it de-
scribed in clause (iii) and a docu-
ment relating to the individual 
presenting it described in clause 
(iv). 
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‘‘(ii) DOCUMENTS
EVIDENCING
EM-
PLOYMENT
AUTHORIZATION
AND
ESTAB-
LISHING
IDENTITY.—A 
document 
de-
scribed in this subparagraph is an individ-
ual’s— 
‘‘(I) unexpired United States 
passport or passport card; 
‘‘(II) unexpired permanent resi-
dent card that contains a photograph; 
‘‘(III) unexpired employment au-
thorization card that contains a pho-
tograph; 
‘‘(IV) in the case of a non-
immigrant alien authorized to work 
for a specific employer incident to sta-
tus, a foreign passport with Form I– 
94 or Form I–94A, or other docu-
mentation as designated by the Sec-
retary specifying the alien’s non-
immigrant status as long as the pe-
riod of status has not yet expired and 
the proposed employment is not in 
conflict with any restrictions or limita-
tions identified in the documentation; 
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‘‘(V) passport from the Fed-
erated States of Micronesia (FSM) or 
the Republic of the Marshall Islands 
(RMI) with Form I–94 or Form I– 
94A, or other documentation as des-
ignated 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 Secu-
rity, if the document— 
‘‘(aa) contains a photograph 
of the individual and biometric 
identification data from the indi-
vidual 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 author-
ization of employment in the 
United States; and 
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‘‘(cc) contains security fea-
tures to make it resistant to tam-
pering, counterfeiting, and fraud-
ulent use. 
‘‘(iii) DOCUMENTS
EVIDENCING
EM-
PLOYMENT AUTHORIZATION.—A document 
described in this subparagraph is an indi-
vidual’s social security account number 
card (other than such a card which speci-
fies 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 
driver’s license or identification card if 
it was issued by a State or American 
Samoa and 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; 
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‘‘(III) an individual’s unexpired 
Native American tribal identification 
document issued by a tribal entity rec-
ognized by the Bureau of Indian Af-
fairs; 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 au-
thorization or identity does not reliably es-
tablish 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. 
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‘‘(B) INDIVIDUAL
ATTESTATION
OF
EM-
PLOYMENT
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 indi-
vidual is a citizen or national of the United 
States, an alien lawfully admitted for perma-
nent 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 indi-
vidual claims to have been issued such a num-
ber), and, if the individual does not attest to 
United States nationality under this subpara-
graph, such identification or authorization num-
ber established by the Department of Homeland 
Security for the alien as the Secretary may 
specify. 
‘‘(C) RETENTION OF VERIFICATION FORM 
AND VERIFICATION.— 
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‘‘(i) IN GENERAL.—After completion 
of such form in accordance with subpara-
graphs (A) and (B), the person or entity 
shall— 
‘‘(I) retain a paper, microfiche, 
microfilm, or electronic version of the 
form and make it available for inspec-
tion 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 re-
cruiting or referral of an indi-
vidual, 3 years after the date of 
the recruiting or referral; and 
‘‘(bb) in the case of the hir-
ing of an individual, the later of 
3 years after the date the 
verification is completed or one 
year after the date the individ-
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ual’s employment is terminated; 
and 
‘‘(II) during the verification pe-
riod (as defined in subparagraph (E)), 
make an inquiry, as provided in sub-
section (d), using the verification sys-
tem to seek verification of the identity 
and employment eligibility of an indi-
vidual. 
‘‘(ii) CONFIRMATION.— 
‘‘(I) 
CONFIRMATION
RE-
CEIVED.—If the person or other entity 
receives an appropriate confirmation 
of an individual’s identity and work 
eligibility under the verification sys-
tem 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 in-
dividual. 
‘‘(II) TENTATIVE NONCONFIRMA-
TION
RECEIVED.—If the person or 
other entity receives a tentative non-
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confirmation of an individual’s iden-
tity or work eligibility under the 
verification system within the time pe-
riod specified, the person or entity 
shall so inform the individual for 
whom the verification is sought. If the 
individual does not contest the non-
confirmation within the time period 
specified, the nonconfirmation shall be 
considered final. The person or entity 
shall then record on the form an ap-
propriate code which has been pro-
vided under the system to indicate a 
final nonconfirmation. If the indi-
vidual does contest the nonconfirma-
tion, the individual shall utilize the 
process for secondary verification pro-
vided under subsection (d). The non-
confirmation will remain tentative 
until a final confirmation or noncon-
firmation 
is 
provided 
by 
the 
verification system within the time pe-
riod specified. In no case shall an em-
ployer terminate employment of an in-
dividual because of a failure of the in-
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dividual to have identity and work eli-
gibility 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 sub-
section until a nonconfirmation be-
comes final. Nothing in this subclause 
shall apply to a rescission 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 ap-
propriate code that is provided under 
the system and that indicates a con-
firmation or nonconfirmation of iden-
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tity and work eligibility of the indi-
vidual. 
‘‘(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 sub-
sequent working day in which the 
verification system registers that it 
has received all inquiries. If the 
verification system cannot receive in-
quiries 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 ad-
ditional proof concerning such inquiry. 
‘‘(V) CONSEQUENCES
OF
NON-
CONFIRMATION.— 
‘‘(aa) TERMINATION OR NO-
TIFICATION OF CONTINUED EM-
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PLOYMENT.—If the person or 
other entity has received a final 
nonconfirmation regarding an in-
dividual, 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 termi-
nate employment of the indi-
vidual 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 sys-
tem or in such other manner as 
the Secretary may specify. 
‘‘(bb) 
FAILURE
TO
NO-
TIFY.—If the person or entity 
fails to provide notice with re-
spect to an individual as required 
under item (aa), the failure is 
deemed to constitute a violation 
of subsection (a)(1)(A) with re-
spect to that individual. 
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101 
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 en-
actment of such Act. 
‘‘(III) With respect to employers 
having 20 or more employees in the 
United States, but less than 500 em-
ployees 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 enact-
ment of such Act. 
‘‘(IV) With respect to employers 
having 1 or more employees in the 
United States, but less than 20 em-
ployees 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 enact-
ment of such Act. 
‘‘(ii) RECRUITING AND REFERRING.— 
Except as provided in clause (iii), the pro-
visions of this paragraph shall apply to a 
person or other entity recruiting or refer-
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102 
ring 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 SERV-
ICES.—With respect to an employee per-
forming agricultural labor or services, this 
paragraph shall not apply with respect to 
the verification of the employee until the 
date that is 18 months after the date of 
the enactment of the Legal Workforce Act. 
For purposes of the preceding sentence, 
the term ‘agricultural labor or services’ has 
the meaning given such term by the Sec-
retary of Agriculture in regulations and in-
cludes agricultural labor as defined in sec-
tion 3121(g) of the Internal Revenue Code 
of 1986, agriculture as defined in section 
3(f) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 203(f)), the handling, 
planting, drying, packing, packaging, proc-
essing, freezing, or grading prior to deliv-
ery for storage of any agricultural or horti-
cultural commodity in its unmanufactured 
state, all activities required for the prepa-
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103 
ration, processing or manufacturing of a 
product of agriculture (as such term is de-
fined in such section 3(f)) for further dis-
tribution, and activities similar to all the 
foregoing as they relate to fish or shellfish 
facilities. An employee described in this 
clause shall not be counted for purposes of 
clause (i). 
‘‘(iv) EXTENSIONS.—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. 
‘‘(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): 
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104 
‘‘(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 Im-
migrant Responsibility Act of 1996 (8 
U.S.C. 1324a note), as in effect be-
fore the effective date in section 7(c) 
of the Legal Workforce Act. 
‘‘(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 note), as in effect be-
fore the effective date in section 7(c) 
of the Legal Workforce Act, including 
Executive Order 13465 (8 U.S.C. 
1324a note; relating to Government 
procurement). 
‘‘(E) VERIFICATION PERIOD DEFINED.— 
‘‘(i) IN
GENERAL.—For purposes of 
this paragraph: 
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105 
‘‘(I) In the case of recruitment or 
referral, the term ‘verification period’ 
means the period ending on the date 
recruiting or referring commences. 
‘‘(II) In the case of hiring, the 
term ‘verification period’ means the 
period beginning on the date on which 
an offer of employment is extended 
and ending on the date that is three 
business days after the date of hire, 
except as provided in clause (iii). The 
offer of employment may be condi-
tioned in accordance with clause (ii). 
‘‘(ii) JOB
OFFER
MAY
BE
CONDI-
TIONAL.—A person or other entity may 
offer a prospective employee an employ-
ment position that is conditioned on final 
verification of the identity and employment 
eligibility of the employee using the proce-
dures established under this paragraph. 
‘‘(iii) 
SPECIAL
RULE.—Notwith-
standing 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 
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106 
applied for a social security account num-
ber, the verification period ends three busi-
ness 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 author-
ization 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 
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108 
U.S.C. 1801)), subparagraph (A) shall not 
apply with respect to the reverification of the 
employee until the date that is 18 months after 
the date of the enactment of the Legal Work-
force Act. For purposes of the preceding sen-
tence, the term ‘agricultural labor or services’ 
has the meaning given such term by the Sec-
retary of Agriculture in regulations and in-
cludes agricultural labor as defined in section 
3121(g) of the Internal Revenue Code of 1986, 
agriculture as defined in section 3(f) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 
203(f)), the handling, planting, drying, packing, 
packaging, processing, freezing, or grading 
prior to delivery for storage of any agricultural 
or horticultural commodity in its unmanufac-
tured state, all activities required for the prepa-
ration, processing, or manufacturing of a prod-
uct of agriculture (as such term is defined in 
such section 3(f)) for further distribution, and 
activities similar to all the foregoing as they re-
late to fish or shellfish facilities. An employee 
described in this subparagraph shall not be 
counted for purposes of subparagraph (A). 
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109 
‘‘(C) 
REVERIFICATION.—Paragraph 
(1)(C)(ii) shall apply to reverifications pursuant 
to this paragraph on the same basis as it ap-
plies to verifications pursuant to paragraph (1), 
except that employers shall— 
‘‘(i) use a form designated or estab-
lished by the Secretary by regulation for 
purposes of this paragraph; and 
‘‘(ii) retain a paper, microfiche, micro-
film, 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 Depart-
ment 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 CER-
TAIN 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 
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110 
employer shall make an inquiry, as pro-
vided 
in 
subsection 
(d), 
using 
the 
verification system to seek verification of 
the identity and employment eligibility of 
any individual described in clause (ii) em-
ployed 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 note). 
‘‘(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 air-
port or other facility that requires 
workers to carry a Transportation 
Worker 
Identification 
Credential 
(TWIC). 
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111 
‘‘(III) An employee assigned to 
perform work in the United States 
under a Federal contract, except that 
this subclause— 
‘‘(aa) is not applicable to in-
dividuals who have a clearance 
under Homeland Security Presi-
dential Directive 12 (HSPD 12 
clearance), are administrative or 
overhead personnel, or are work-
ing solely on contracts that pro-
vide Commercial Off The Shelf 
goods or services as set forth by 
the Federal Acquisition Regu-
latory Council, unless they are 
subject to verification under sub-
clause (II); and 
‘‘(bb) only applies to con-
tracts over the simple acquisition 
threshold as defined in section 
2.101 of title 48, Code of Federal 
Regulations. 
‘‘(B) ON A MANDATORY BASIS FOR MUL-
TIPLE USERS OF SAME SOCIAL SECURITY AC-
COUNT NUMBER.—In the case of an employer 
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112 
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 Secu-
rity shall notify annually employees (at the 
employee address listed on the Wage and 
Tax Statement) who submit a social secu-
rity 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 infor-
mation notifying the employee of the proc-
ess to contact the Social Security Adminis-
tration Fraud Hotline if the employee be-
lieves the employee’s identity may have 
been stolen. The notice shall not share in-
formation 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. 
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‘‘(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 Commis-
sioner, and indicates that the social secu-
rity 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 wrong-
fully 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 sub-
section (d) to check the work eligibility sta-
tus 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 
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114 
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 em-
ployer chooses voluntarily to seek verification of 
any individual employed by the employer, the 
employer shall seek verification of all individ-
uals 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 ap-
plies to verifications pursuant to paragraph (1), 
except that employers shall— 
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115 
‘‘(i) use a form designated or estab-
lished by the Secretary by regulation for 
purposes of this paragraph; and 
‘‘(ii) retain a paper, microfiche, micro-
film, 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 Depart-
ment 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 em-
ployment is terminated. 
‘‘(4) EARLY COMPLIANCE.— 
‘‘(A) FORMER E-VERIFY REQUIRED USERS, 
INCLUDING FEDERAL CONTRACTORS.—Notwith-
standing the deadlines in paragraphs (1) and 
(2), beginning on the date of the enactment of 
the Legal Workforce Act, the Secretary is au-
thorized to commence requiring employers re-
quired to participate in the E-Verify Program 
described in section 403(a) of the Illegal Immi-
gration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1324a note), including 
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116 
employers required to participate in such pro-
gram by reason of Federal acquisition laws 
(and regulations promulgated under those laws, 
including the Federal Acquisition Regulation), 
to commence compliance with the requirements 
of this subsection (and any additional require-
ments of such Federal acquisition laws and reg-
ulation) in lieu of any requirement to partici-
pate in the E-Verify Program. 
‘‘(B) 
FORMER
E-VERIFY
VOLUNTARY 
USERS AND OTHERS DESIRING EARLY COMPLI-
ANCE.—Notwithstanding the deadlines in para-
graphs (1) and (2), beginning on the date of 
the enactment of the Legal Workforce Act, the 
Secretary shall provide for the voluntary com-
pliance 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 note) before such date, as well as by 
other employers seeking voluntary early compli-
ance. 
‘‘(5) 
COPYING
OF
DOCUMENTATION
PER-
MITTED.—Notwithstanding any other provision of 
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law, the person or entity may copy a document pre-
sented by an individual pursuant to this subsection 
and may retain the copy, but only (except as other-
wise permitted under law) for the purpose of com-
plying with the requirements of this subsection. 
‘‘(6) LIMITATION ON USE OF FORMS.—A form 
designated or established by the Secretary of Home-
land Security under this subsection and any infor-
mation 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 crimi-
nal 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 require-
ment of this subsection notwithstanding a tech-
nical or procedural failure to meet such require-
ment if there was a good faith attempt to com-
ply with the requirement. 
‘‘(B) EXCEPTION IF FAILURE TO CORRECT 
AFTER
NOTICE.—Subparagraph (A) shall not 
apply if— 
‘‘(i) the failure is not de minimus; 
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118 
‘‘(ii) the Secretary of Homeland Secu-
rity 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 cal-
endar days (beginning after the date of the 
explanation) within which to correct the 
failure; and 
‘‘(iv) the person or entity has not cor-
rected the failure voluntarily within such 
period. 
‘‘(C) EXCEPTION FOR PATTERN OR PRAC-
TICE VIOLATORS.—Subparagraph (A) shall not 
apply to a person or entity that has or is engag-
ing in a pattern or practice of violations of sub-
section (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 oper-
ational 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 em-
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119 
ployer 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 Immi-
gration and Nationality Act (8 U.S.C. 1324a(h)) is 
amended by adding at the end the following: 
‘‘(4) DEFINITION OF DATE OF HIRE.—As used 
in this section, the term ‘date of hire’ means the 
date of actual commencement of employment for 
wages or other remuneration, unless otherwise speci-
fied.’’. 
SEC. 1103. EMPLOYMENT ELIGIBILITY VERIFICATION SYS-
TEM. 
Section 274A(d) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(d)) is amended to read as follows: 
‘‘(d) EMPLOYMENT ELIGIBILITY VERIFICATION SYS-
TEM.— 
‘‘(1) IN GENERAL.—Patterned on the employ-
ment eligibility confirmation system established 
under section 404 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note), the Secretary of Homeland Security 
shall establish and administer a verification system 
through which the Secretary (or a designee of the 
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120 
Secretary, which may be a nongovernmental enti-
ty)— 
‘‘(A) responds to inquiries made by per-
sons at any time through a toll-free telephone 
line and other toll-free electronic media con-
cerning 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 in-
quirers as evidence of their compliance with 
their obligations under this section. 
‘‘(2) INITIAL RESPONSE.—The verification sys-
tem shall provide confirmation or a tentative non-
confirmation of an individual’s identity and employ-
ment eligibility within 3 working days of the initial 
inquiry. If providing confirmation or tentative non-
confirmation, 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 
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process to confirm the validity of information pro-
vided and to provide a final confirmation or noncon-
firmation not later than 10 working days after the 
date on which the notice of the tentative noncon-
firmation 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 pe-
riod 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 em-
ployer of such extension. The Secretary, in consulta-
tion 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 oper-
ated— 
‘‘(A) to maximize its reliability and ease of 
use by persons and other entities consistent 
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122 
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 individ-
uals are authorized to be employed and to reg-
ister all times when such inquiries are not re-
ceived; 
‘‘(C) with appropriate administrative, tech-
nical, and physical safeguards to prevent unau-
thorized disclosure of personal information; 
‘‘(D) to have reasonable safeguards against 
the system’s resulting in unlawful discrimina-
tory practices based on national origin or citi-
zenship status, including— 
‘‘(i) the selective or unauthorized use 
of the system to verify eligibility; or 
‘‘(ii) the exclusion of certain individ-
uals from consideration for employment as 
a result of a perceived likelihood that addi-
tional verification will be required, beyond 
what is required for most job applicants; 
‘‘(E) to maximize the prevention of iden-
tity theft use in the system; and 
‘‘(F) to limit the subjects of verification to 
the following individuals: 
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123 
‘‘(i) Individuals hired, referred, or re-
cruited, in accordance with paragraph (1) 
or (4) of subsection (b). 
‘‘(ii) Employees and prospective em-
ployees, in accordance with paragraph (1), 
(2), (3), or (4) of subsection (b). 
‘‘(iii) Individuals seeking to confirm 
their own employment eligibility on a vol-
untary basis. 
‘‘(5) RESPONSIBILITIES OF COMMISSIONER OF 
SOCIAL SECURITY.—As part of the verification sys-
tem, the Commissioner of Social Security, in con-
sultation with the Secretary of Homeland Security 
(and any designee of the Secretary selected to estab-
lish and administer the verification system), shall es-
tablish a reliable, secure method, which, within the 
time periods specified under paragraphs (2) and (3), 
compares the name and social security account num-
ber 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 eligi-
bility must be confirmed, the correspondence of the 
name and number, and whether the individual has 
presented a social security account number that is 
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124 
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 con-
sultation with any designee of the Secretary selected 
to establish and administer the verification system), 
shall establish a reliable, secure method, which, with-
in 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, wheth-
er 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. 
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‘‘(7) UPDATING INFORMATION.—The Commis-
sioner of Social Security and the Secretary of Home-
land 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
SYS-
TEMS.— 
‘‘(A) 
NO
NATIONAL
IDENTIFICATION 
CARD.—Nothing in this section shall be con-
strued 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, pro-
tecting, securing, operating, administering, or 
regulating part of the critical infrastructure (as 
defined in section 1016(e) of the Critical Infra-
structure Protection Act of 2001 (42 U.S.C. 
5195c(e))) to use the verification system to the 
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126 
extent the Secretary determines that such use 
will assist in the protection of the critical infra-
structure. 
‘‘(9) REMEDIES.—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 mechanism of the Federal Tort Claims Act, and 
injunctive relief to correct such error. No class ac-
tion may be brought under this paragraph.’’. 
SEC. 1104. RECRUITMENT, REFERRAL, AND CONTINUATION 
OF EMPLOYMENT. 
(a) ADDITIONAL CHANGES TO RULES FOR RECRUIT-
MENT, REFERRAL, AND CONTINUATION
OF EMPLOY-
MENT.—Section 274A(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1324a(a)) is amended— 
(1) in paragraph (1)(A), by striking ‘‘for a fee’’; 
(2) in paragraph (1), by amending subpara-
graph (B) to read as follows: 
‘‘(B) to hire, continue to employ, or to re-
cruit 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 para-
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127 
graph (1),’’ and inserting ‘‘after complying with 
paragraph (1),’’. 
(b) DEFINITION.—Section 274A(h) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324a(h)), as amended 
by this title, is further amended by adding at the end the 
following: 
‘‘(5) DEFINITION OF RECRUIT OR REFER.—As 
used in this section, the term ‘refer’ means the act 
of sending or directing a person who is in the United 
States or transmitting documentation or information 
to another, directly or indirectly, with the intent of 
obtaining employment in the United States for such 
person. Only persons or entities referring for remu-
neration (whether on a retainer or contingency 
basis) are included in the definition, except that 
union hiring halls that refer union members or non-
union individuals who pay union membership dues 
are included in the definition whether or not they re-
ceive remuneration, as are labor service entities or 
labor service agencies, whether public, private, for- 
profit, or nonprofit, that refer, dispatch, or other-
wise facilitate the hiring of laborers for any period 
of time by a third party. As used in this section, the 
term ‘recruit’ means the act of soliciting a person 
who is in the United States, directly or indirectly, 
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128 
and referring the person to another with the intent 
of obtaining employment for that person. Only per-
sons or entities referring for remuneration (whether 
on a retainer or contingency basis) are included in 
the definition, except that union hiring halls that 
refer union members or nonunion individuals who 
pay union membership dues are included in this defi-
nition whether or not they receive remuneration, as 
are labor service entities or labor service agencies, 
whether public, private, for-profit, or nonprofit that 
recruit, dispatch, or otherwise facilitate the hiring of 
laborers for any period of time by a third party.’’. 
(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 inso-
far as such amendments relate to continuation of employ-
ment. 
SEC. 1105. GOOD FAITH DEFENSE. 
Section 274A(a)(3) of the Immigration and Nation-
ality Act (8 U.S.C. 1324a(a)(3)) is amended to read as 
follows: 
‘‘(3) GOOD FAITH DEFENSE.— 
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‘‘(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 es-
tablishes that it has complied in good faith with 
the requirements of subsection (b)— 
‘‘(i) shall not be liable to a job appli-
cant, an employee, the Federal Govern-
ment, 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 informa-
tion provided through the system estab-
lished 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 con-
vincing evidence, that the employer had 
knowledge that an employee is an unau-
thorized alien. 
‘‘(B) MITIGATION
ELEMENT.—For pur-
poses of subparagraph (A)(i), if an employer 
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130 
proves by a preponderance of the evidence that 
the employer uses a reasonable, secure, and es-
tablished 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 sub-
section (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 em-
ploy, an individual, or recruits or refers an indi-
vidual for employment, the following require-
ments 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 accord-
ance with the timeframes established 
under 
subsection 
(b), 
seeking 
verification of the identity and work 
eligibility of the individual, the de-
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fense under subparagraph (A) shall 
not be considered to apply with re-
spect to any employment, except as 
provided in subclause (II). 
‘‘(II) SPECIAL RULE FOR FAIL-
URE 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 eligi-
bility under such mechanism within the 
time period specified under subsection 
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132 
(d)(2) after the time the verification in-
quiry was received, the defense under sub-
paragraph (A) shall not be considered to 
apply with respect to any employment after 
the end of such time period.’’. 
SEC. 1106. PREEMPTION AND STATES’ RIGHTS. 
Section 274A(h)(2) of the Immigration and Nation-
ality Act (8 U.S.C. 1324a(h)(2)) is amended to read as 
follows: 
‘‘(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 subdivi-
sion may exercise its authority over busi-
ness licensing and similar laws as a pen-
alty for failure to use the verification sys-
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133 
tem described in subsection (d) to verify 
employment eligibility when and as re-
quired 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 imple-
menting 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, includ-
ing audit and investigation, by both a Fed-
eral agency and a State for the same viola-
tion 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.’’. 
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134 
SEC. 1107. 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 note) is repealed. 
(b) REFERENCES.—Any reference in any Federal 
law, Executive order, rule, regulation, or delegation of au-
thority, or any document of, or pertaining to, the Depart-
ment of Homeland Security, Department of Justice, or the 
Social Security Administration, to the employment eligi-
bility confirmation system established under section 404 
of the Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996 (8 U.S.C. 1324a note) is deemed to 
refer to the employment eligibility confirmation system es-
tablished under section 274A(d) of the Immigration and 
Nationality Act, as amended by this title. 
(c) EFFECTIVE DATE.—This section shall take effect 
on the date that is 24 months after the date of the enact-
ment of this Act. 
(d) CLERICAL AMENDMENT.—The table of sections, 
in section 1(d) of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996, is amended by strik-
ing the items relating to subtitle A of title IV. 
SEC. 1108. PENALTIES. 
Section 274A of the Immigration and Nationality Act 
(8 U.S.C. 1324a) is amended— 
(1) in subsection (e)(1)— 
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(A) by striking ‘‘Attorney General’’ each 
place such term appears and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(B) in subparagraph (D), by striking 
‘‘Service’’ and inserting ‘‘Department of Home-
land Security’’; 
(2) in subsection (e)(4)— 
(A) in subparagraph (A), in the matter be-
fore clause (i), by inserting ‘‘, subject to para-
graph (10),’’ after ‘‘in an amount’’; 
(B) in subparagraph (A)(i), by striking 
‘‘not less than $250 and not more than 
$2,000’’ and inserting ‘‘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’’ and inserting ‘‘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’’ and inserting ‘‘not less than $10,000 
and not more than $25,000’’; and 
(E) by moving the margin of the continu-
ation text following subparagraph (B) two ems 
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136 
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 appro-
priate.’’; 
(3) in subsection (e)(5)— 
(A) in the paragraph heading, strike ‘‘PA-
PERWORK’’; 
(B) by inserting ‘‘, subject to paragraphs 
(10) through (12),’’ after ‘‘in an amount’’; 
(C) by striking ‘‘$100’’ and inserting 
‘‘$1,000’’; 
(D) by striking ‘‘$1,000’’ and inserting 
‘‘$25,000’’; and 
(E) by adding at the end the following: 
‘‘Failure by a person or entity to utilize the em-
ployment eligibility verification system as re-
quired by law, or providing information to the 
system that the person or entity knows or rea-
sonably 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 
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civil penalty under paragraph (4)(A) with respect to 
a violation of subsection (a)(1)(A) or (a)(2) for hir-
ing or continuation of employment or recruitment or 
referral by person or entity and in the case of impo-
sition of a civil penalty under paragraph (5) for a 
violation of subsection (a)(1)(B) for hiring or re-
cruitment or referral by a person or entity, the pen-
alty 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 Se-
curity 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 co-
operative agreements in accordance with the de-
barment standards and pursuant to the debar-
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138 
ment procedures set forth in the Federal Acqui-
sition 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 an 
person or entity does not hold a Federal con-
tract, grant or cooperative agreement, the Sec-
retary or Attorney General shall refer the mat-
ter 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, 
AGREE-
MENT.—If the Secretary of Homeland Security 
or the Attorney General wishes to have a per-
son or entity considered for debarment in ac-
cordance with this paragraph, and such person 
or entity holds a Federal contract, grant or co-
operative agreement, the Secretary or Attorney 
General shall advise all agencies or departments 
holding a contract, grant, or cooperative agree-
ment with the person or entity of the Govern-
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ment’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 appro-
priate lead agency to determine whether to list 
the person or entity on the List of Parties Ex-
cluded 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 para-
graph shall be reviewable pursuant to part 9.4 
of the Federal Acquisition Regulation. 
‘‘(13) OFFICE FOR STATE AND LOCAL GOVERN-
MENT
COMPLAINTS.—The Secretary of Homeland 
Security shall establish an office— 
‘‘(A) to which State and local government 
agencies may submit information indicating po-
tential 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 
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by identifying whether the Secretary will fur-
ther 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 com-
plaining State or local agency of the results of 
any such investigation conducted; and 
‘‘(E) that is required to report to the Con-
gress annually the number of complaints re-
ceived under this paragraph, the States and lo-
calities that filed such complaints, and the reso-
lution of the complaints investigated by the Sec-
retary.’’; and 
(5) by amending paragraph (1) of subsection (f) 
to read as follows: 
‘‘(1) CRIMINAL PENALTY.—Any person or enti-
ty which engages in a pattern or practice of viola-
tions 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, notwith-
standing the provisions of any other Federal law re-
lating to fine levels.’’. 
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141 
SEC. 1109. FRAUD AND MISUSE OF DOCUMENTS. 
Section 1546(b) of title 18, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘identification 
document,’’ and inserting ‘‘identification document 
or document meant to establish work authorization 
(including the documents described in section 
274A(b) of the Immigration and Nationality Act),’’; 
and 
(2) in paragraph (2), by striking ‘‘identification 
document’’ and inserting ‘‘identification document or 
document meant to establish work authorization (in-
cluding the documents described in section 274A(b) 
of the Immigration and Nationality Act),’’. 
SEC. 1110. PROTECTION OF SOCIAL SECURITY ADMINIS-
TRATION PROGRAMS. 
(a) FUNDING UNDER AGREEMENT.—Effective for 
fiscal years beginning on or after October 1, 2019, 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 Na-
tionality Act (8 U.S.C. 1324a(d)), as amended by 
this title, including (but not limited to)— 
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(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 attrib-
utable exclusively to such responsibilities; and 
(B) responding to individuals who contest 
a tentative nonconfirmation provided by the em-
ployment eligibility verification system estab-
lished under such section; 
(2) provide such funds annually in advance of 
the applicable quarter based on estimating method-
ology agreed to by the Commissioner and the Sec-
retary (except in such instances where the delayed 
enactment of an annual appropriation may preclude 
such quarterly payments); and 
(3) require an annual accounting and reconcili-
ation of the actual costs incurred and the funds pro-
vided under the agreement, which shall be reviewed 
by the Inspectors General of the Social Security Ad-
ministration and the Department of Homeland Secu-
rity. 
(b) CONTINUATION OF EMPLOYMENT VERIFICATION 
IN ABSENCE OF TIMELY AGREEMENT.—In any case in 
which the agreement required under subsection (a) for any 
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fiscal year beginning on or after October 1, 2019, 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)) shall be deemed in effect on an in-
terim basis for such fiscal year until such time as an 
agreement required under subsection (a) is subsequently 
reached, except that the terms of such interim agreement 
shall be modified by the Director of the Office of Manage-
ment and Budget to adjust for inflation and any increase 
or decrease in the volume of requests under the employ-
ment eligibility verification system. In any case in which 
an interim agreement applies for any fiscal year under this 
subsection, the Commissioner and the Secretary shall, not 
later than October 1 of such fiscal year, notify the Com-
mittee on Ways and Means, the Committee on the Judici-
ary, and the Committee on Appropriations of the House 
of Representatives and the Committee on Finance, the 
Committee on the Judiciary, and the Committee on Ap-
propriations of the Senate of the failure to reach the 
agreement required under subsection (a) for such fiscal 
year. Until such time as the agreement required under 
subsection (a) has been reached for such fiscal year, the 
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Commissioner and the Secretary shall, not later than the 
end of each 90-day period after October 1 of such fiscal 
year, notify such Committees of the status of negotiations 
between the Commissioner and the Secretary in order to 
reach such an agreement. 
SEC. 1111. FRAUD PREVENTION. 
(a) BLOCKING MISUSED SOCIAL SECURITY ACCOUNT 
NUMBERS.—The Secretary of Homeland Security, in con-
sultation with the Commissioner of Social Security, shall 
establish a program in which social security account num-
bers that have been identified to be subject to unusual 
multiple use in the employment eligibility verification sys-
tem established under section 274A(d) of the Immigration 
and Nationality Act (8 U.S.C. 1324a(d)), as amended by 
this title, or that are otherwise suspected or determined 
to have been compromised by identity fraud or other mis-
use, shall be blocked from use for such system purposes 
unless the individual using such number is able to estab-
lish, through secure and fair additional security proce-
dures, that the individual is the legitimate holder of the 
number. 
(b) ALLOWING SUSPENSION OF USE OF CERTAIN SO-
CIAL SECURITY ACCOUNT NUMBERS.—The Secretary of 
Homeland Security, in consultation with the Commis-
sioner of Social Security, shall establish a program which 
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145 
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 employ-
ment eligibility verification system established under sec-
tion 274A(d) of the Immigration and Nationality Act (8 
U.S.C. 1324a(d)), as amended by this title. The Secretary 
may implement the program on a limited pilot program 
basis before making it fully available to all individuals. 
(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 guard-
ians 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)), 
as amended by this title. The Secretary may implement 
the program on a limited pilot program basis before mak-
ing it fully available to all individuals. 
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SEC. 
1112. 
USE 
OF 
EMPLOYMENT 
ELIGIBILITY 
VERIFICATION PHOTO TOOL. 
An employer or entity who uses the photo matching 
tool, if required by the Secretary as part of the verification 
system, shall match, either visually, or using facial rec-
ognition or other verification technology approved or re-
quired by the Secretary, the photo matching tool photo-
graph to the photograph on the identity or employment 
eligibility document provided by the individual or to the 
face of the employee submitting the document for employ-
ment verification purposes, or both, as determined by the 
Secretary. 
SEC. 1113. IDENTITY AUTHENTICATION EMPLOYMENT ELI-
GIBILITY VERIFICATION PILOT PROGRAMS. 
Not later than 24 months after the date of the enact-
ment of this Act, the Secretary of Homeland Security, 
after consultation with the Commissioner of Social Secu-
rity and the Director of the National Institute of Stand-
ards and Technology, shall establish by regulation not less 
than 2 Identity Authentication Employment Eligibility 
Verification pilot programs, each using a separate and dis-
tinct technology (the ‘‘Authentication Pilots’’). The pur-
pose of the Authentication Pilots shall be to provide for 
identity 
authentication 
and 
employment 
eligibility 
verification with respect to enrolled new employees which 
shall be available to any employer that elects to participate 
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in either of the Authentication Pilots. Any participating 
employer may cancel the employer’s participation in the 
Authentication Pilot after one year after electing to par-
ticipate without prejudice to future participation. The Sec-
retary shall report to the Committee on the Judiciary of 
the House of Representatives and the Committee on the 
Judiciary of the Senate the Secretary’s findings on the 
Authentication Pilots, including the authentication tech-
nologies chosen, not later than 12 months after com-
mencement of the Authentication Pilots. 
SEC. 1114. 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 be-
lieve someone else has used such number and name 
to report wages. 
(2) Children’s social security account numbers 
used for work purposes. 
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(3) Employers whose workers present signifi-
cant numbers of mismatched social security account 
numbers or names for wage reporting. 
(b) SUBMISSION.—The Inspector General of the So-
cial Security Administration shall submit the audits com-
pleted 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 de-
termine information to be shared with the Secretary of 
Homeland Security so that such Secretary can investigate 
the unauthorized employment demonstrated by such evi-
dence. 
TITLE 
II—SANCTUARY 
CITIES 
AND STATE AND LOCAL LAW 
ENFORCEMENT 
COOPERA-
TION 
SEC. 2201. SHORT TITLE. 
This title may be cited as the ‘‘No Sanctuary for 
Criminals Act’’. 
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149 
SEC. 2202. STATE NONCOMPLIANCE WITH ENFORCEMENT 
OF IMMIGRATION LAW. 
(a) IN GENERAL.—Section 642 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1373) is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of Federal, State, or local law, no Federal, State, 
or local government entity, and no individual, may prohibit 
or in any way restrict, a Federal, State, or local govern-
ment entity, official, or other personnel from complying 
with the immigration laws (as defined in section 
101(a)(17) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(17))), or from assisting or cooperating 
with Federal law enforcement entities, officials, or other 
personnel regarding the enforcement of these laws.’’; 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) LAW
ENFORCEMENT
ACTIVITIES.—Notwith-
standing any other provision of Federal, State, or local 
law, no Federal, State, or local government entity, and no 
individual, may prohibit, or in any way restrict, a Federal, 
State, or local government entity, official, or other per-
sonnel from undertaking any of the following law enforce-
ment activities as they relate to information regarding the 
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citizenship or immigration status, lawful or unlawful, the 
inadmissibility or deportability, or the custody status, of 
any individual: 
‘‘(1) Making inquiries to any individual in order 
to obtain such information regarding such individual 
or any other individuals. 
‘‘(2) Notifying the Federal Government regard-
ing the presence of individuals who are encountered 
by law enforcement officials or other personnel of a 
State or political subdivision of a State. 
‘‘(3) Complying with requests for such informa-
tion from Federal law enforcement entities, officials, 
or other personnel.’’; 
(3) in subsection (c), by striking ‘‘Immigration 
and Naturalization Service’’ and inserting ‘‘Depart-
ment of Homeland Security’’; and 
(4) by adding at the end the following: 
‘‘(d) COMPLIANCE.— 
‘‘(1) ELIGIBILITY
FOR
CERTAIN
GRANT
PRO-
GRAMS.—A State, or a political subdivision of a 
State, that is found not to be in compliance with 
subsection (a) or (b) shall not be eligible to receive— 
‘‘(A) any of the funds that would otherwise 
be allocated to the State or political subdivision 
under section 241(i) of the Immigration and 
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Nationality Act (8 U.S.C. 1231(i)), the ‘Cops 
on the Beat’ program under part Q of title I of 
the Omnibus Crime Control and Safe Streets 
Act of 1968 (34 U.S.C. 10381 et seq.), or the 
Edward Byrne Memorial Justice Assistance 
Grant Program under subpart 1 of part E of 
title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10151 et seq.); 
or 
‘‘(B) any other grant administered by the 
Department of Justice that is substantially re-
lated to law enforcement (including enforcement 
of the immigration laws), immigration, enforce-
ment of the immigration laws, or naturalization 
or administered by the Department of Home-
land Security that is substantially related to im-
migration, the enforcement of the immigration 
laws, or naturalization. 
‘‘(2) TRANSFER OF CUSTODY OF ALIENS PEND-
ING REMOVAL PROCEEDINGS.—The Secretary, at the 
Secretary’s discretion, may decline to transfer an 
alien in the custody of the Department of Homeland 
Security to a State or political subdivision of a State 
found not to be in compliance with subsection (a) or 
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(b), regardless of whether the State or political sub-
division of the State has issued a writ or warrant. 
‘‘(3) TRANSFER
OF
CUSTODY
OF
CERTAIN 
ALIENS
PROHIBITED.—The Secretary shall not 
transfer an alien with a final order of removal pur-
suant to paragraph (1)(A) or (5) of section 241(a) 
of the Immigration and Nationality Act (8 U.S.C. 
1231(a)) to a State or a political subdivision of a 
State that is found not to be in compliance with sub-
section (a) or (b). 
‘‘(4) ANNUAL DETERMINATION.—The Secretary 
shall determine for each calendar year which States 
or political subdivision of States are not in compli-
ance with subsection (a) or (b) and shall report such 
determinations to Congress by March 1 of each suc-
ceeding calendar year. 
‘‘(5) REPORTS.—The Secretary of Homeland 
Security shall issue a report concerning the compli-
ance with subsections (a) and (b) of any particular 
State or political subdivision of a State at the re-
quest of the House or the Senate Judiciary Com-
mittee. Any jurisdiction that is found not to be in 
compliance shall be ineligible to receive Federal fi-
nancial assistance as provided in paragraph (1) for 
a minimum period of 1 year, and shall only become 
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eligible again after the Secretary of Homeland Secu-
rity certifies that the jurisdiction has come into com-
pliance. 
‘‘(6) REALLOCATION.—Any funds that are not 
allocated to a State or to a political subdivision of 
a State due to the failure of the State or of the po-
litical subdivision of the State to comply with sub-
section (a) or (b) shall be reallocated to States or to 
political subdivisions of States that comply with both 
such subsections. 
‘‘(e) CONSTRUCTION.—Nothing in this section shall 
require law enforcement officials from States, or from po-
litical subdivisions of States, to report or arrest victims 
or witnesses of a criminal offense.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act, except that subsection (d) of section 642 of 
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1373), as added by this sec-
tion, shall apply only to prohibited acts committed on or 
after the date of the enactment of this Act. 
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SEC. 2203. CLARIFYING THE AUTHORITY OF ICE DETAIN-
ERS. 
(a) IN GENERAL.—Section 287(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1357(d)) is amended 
to read as follows: 
‘‘(d) DETAINER OF INADMISSIBLE OR DEPORTABLE 
ALIENS.— 
‘‘(1) IN GENERAL.—In the case of an individual 
who is arrested by any Federal, State, or local law 
enforcement official or other personnel for the al-
leged violation of any criminal or motor vehicle law, 
the Secretary may issue a detainer regarding the in-
dividual to any Federal, State, or local law enforce-
ment entity, official, or other personnel if the Sec-
retary has probable cause to believe that the indi-
vidual is an inadmissible or deportable alien. 
‘‘(2) PROBABLE
CAUSE.—Probable cause is 
deemed to be established if— 
‘‘(A) the individual who is the subject of 
the detainer matches, pursuant to biometric 
confirmation or other Federal database records, 
the identity of an alien who the Secretary has 
reasonable grounds to believe to be inadmissible 
or deportable; 
‘‘(B) the individual who is the subject of 
the detainer is the subject of ongoing removal 
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proceedings, including matters where a charg-
ing document has already been served; 
‘‘(C) the individual who is the subject of 
the detainer has previously been ordered re-
moved from the United States and such an 
order is administratively final; 
‘‘(D) the individual who is the subject of 
the detainer has made voluntary statements or 
provided reliable evidence that indicate that 
they are an inadmissible or deportable alien; or 
‘‘(E) the Secretary otherwise has reason-
able grounds to believe that the individual who 
is the subject of the detainer is an inadmissible 
or deportable alien. 
‘‘(3) TRANSFER OF CUSTODY.—If the Federal, 
State, or local law enforcement entity, official, or 
other personnel to whom a detainer is issued com-
plies with the detainer and detains for purposes of 
transfer of custody to the Department of Homeland 
Security the individual who is the subject of the de-
tainer, the Department may take custody of the in-
dividual within 48 hours (excluding weekends and 
holidays), but in no instance more than 96 hours, 
following the date that the individual is otherwise to 
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be released from the custody of the relevant Federal, 
State, or local law enforcement entity.’’. 
(b) IMMUNITY.— 
(1) IN GENERAL.—A State or a political sub-
division of a State (and the officials and personnel 
of the State or subdivision acting in their official ca-
pacities), and a nongovernmental entity (and its per-
sonnel) contracted by the State or political subdivi-
sion for the purpose of providing detention, acting in 
compliance with a Department of Homeland Secu-
rity detainer issued pursuant to this section who 
temporarily holds an alien in its custody pursuant to 
the terms of a detainer so that the alien may be 
taken into the custody of the Department of Home-
land Security, shall be considered to be acting under 
color of Federal authority for purposes of deter-
mining their liability and shall be held harmless for 
their compliance with the detainer in any suit seek-
ing any punitive, compensatory, or other monetary 
damages. 
(2) FEDERAL GOVERNMENT AS DEFENDANT.— 
In any civil action arising out of the compliance with 
a Department of Homeland Security detainer by a 
State or a political subdivision of a State (and the 
officials and personnel of the State or subdivision 
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acting in their official capacities), or a nongovern-
mental entity (and its personnel) contracted by the 
State or political subdivision for the purpose of pro-
viding detention, the United States Government 
shall be the proper party named as the defendant in 
the suit in regard to the detention resulting from 
compliance with the detainer. 
(3) BAD FAITH EXCEPTION.—Paragraphs (1) 
and (2) shall not apply to any mistreatment of an 
individual by a State or a political subdivision of a 
State (and the officials and personnel of the State 
or subdivision acting in their official capacities), or 
a nongovernmental entity (and its personnel) con-
tracted by the State or political subdivision for the 
purpose of providing detention. 
(c) PRIVATE RIGHT OF ACTION.— 
(1) CAUSE OF ACTION.—Any individual, or a 
spouse, parent, or child of that individual (if the in-
dividual is deceased), who is the victim of a murder, 
rape, or any felony, as defined by the State, for 
which an alien (as defined in section 101(a)(3) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(3))) has been convicted and sentenced to a 
term of imprisonment of at least 1 year, may bring 
an action against a State or political subdivision of 
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a State or public official acting in an official capac-
ity in the appropriate Federal court if the State or 
political subdivision, except as provided in paragraph 
(3)— 
(A) released the alien from custody prior 
to the commission of such crime as a con-
sequence of the State or political subdivision’s 
declining to honor a detainer issued pursuant to 
section 287(d)(1) of the Immigration and Na-
tionality Act (8 U.S.C. 1357(d)(1)); 
(B) has in effect a statute, policy, or prac-
tice not in compliance with section 642 of the 
Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (8 U.S.C. 1373) as 
amended, and as a consequence of its statute, 
policy, or practice, released the alien from cus-
tody prior to the commission of such crime; or 
(C) has in effect a statute, policy, or prac-
tice requiring a subordinate political subdivision 
to decline to honor any or all detainers issued 
pursuant to section 287(d)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1357(d)(1)), 
and, as a consequence of its statute, policy or 
practice, the subordinate political subdivision 
declined to honor a detainer issued pursuant to 
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such section, and as a consequence released the 
alien from custody prior to the commission of 
such crime. 
(2) LIMITATIONS
ON
BRINGING
ACTION.—An 
action may not be brought under this subsection 
later than 10 years following the occurrence of the 
crime, or death of a person as a result of such 
crime, whichever occurs later. 
(3) PROPER DEFENDANT.—If a political sub-
division of a State declines to honor a detainer 
issued pursuant to section 287(d)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1357(d)) as 
a consequence of the State or another political sub-
division with jurisdiction over the subdivision prohib-
iting the subdivision through a statute or other legal 
requirement of the State or other political subdivi-
sion— 
(A) from honoring the detainer; or 
(B) fully complying with section 642 of the 
Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (8 U.S.C. 1373), 
and, as a consequence of the statute or other legal 
requirement of the State or other political subdivi-
sion, the subdivision released the alien referred to in 
paragraph (1) from custody prior to the commission 
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of the crime referred to in that paragraph, the State 
or other political subdivision that enacted the statute 
or other legal requirement, shall be deemed to be the 
proper defendant in a cause of action under this 
subsection, and no such cause of action may be 
maintained against the political subdivision which 
declined to honor the detainer. 
(4) ATTORNEY’S FEE AND OTHER COSTS.—In 
any action or proceeding under this subsection the 
court shall allow a prevailing plaintiff a reasonable 
attorneys‘‘ fee as part of the costs, and include ex-
pert fees as part of the attorneys’’ fee. 
(d) ELIGIBILITY FOR CERTAIN GRANT PROGRAMS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), a State or political subdivision of a State 
that has in effect a statute, policy or practice pro-
viding that it not comply with any or all Department 
of Homeland Security detainers issued pursuant to 
section 287(d)(1) of the Immigration and Nation-
ality Act (8 U.S.C. 1357(d)) shall not be eligible to 
receive— 
(A) any of the funds that would otherwise 
be allocated to the State or political subdivision 
under section 241(i) of the Immigration and 
Nationality Act (8 U.S.C. 1231(i)), the ‘‘Cops 
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on the Beat’’ program under part Q of title I 
of the Omnibus Crime Control and Safe Streets 
Act of 1968 (34 U.S.C. 10301 et seq.), or the 
Edward Byrne Memorial Justice Assistance 
Grant Program under subpart 1 of part E of 
title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10151 et seq.); 
or 
(B) any other grant administered by the 
Department of Justice that is substantially re-
lated to law enforcement (including enforcement 
of the immigration laws), immigration, or natu-
ralization or grant administered by the Depart-
ment of Homeland Security that is substantially 
related to immigration, enforcement of the im-
migration laws, or naturalization. 
(2) EXCEPTION.—A political subdivision de-
scribed in subsection (c)(3) that declines to honor a 
detainer issued pursuant to section 287(d)(1) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1357(d)(1)) as a consequence of being required to 
comply with a statute or other legal requirement of 
a State or another political subdivision with jurisdic-
tion over that political subdivision, shall remain eli-
gible to receive grant funds described in paragraph 
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(1). In the case described in the previous sentence, 
the State or political subdivision that enacted the 
statute or other legal requirement shall not be eligi-
ble to receive such funds. 
SEC. 2204. SARAH AND GRANT’S LAW. 
(a) DETENTION OF ALIENS DURING REMOVAL PRO-
CEEDINGS.— 
(1) CLERICAL AMENDMENTS.—(A) Section 236 
of the Immigration and Nationality Act (8 U.S.C. 
1226) is amended by striking ‘‘Attorney General’’ 
each place it appears (except in the second place 
that term appears in section 236(a)) and inserting 
‘‘Secretary of Homeland Security’’. 
(B) Section 236(a) of such Act (8 U.S.C. 
1226(a)) is amended by inserting ‘‘the Secretary of 
Homeland Security or’’ before ‘‘the Attorney Gen-
eral—’’. 
(C) Section 236(e) of such Act (8 U.S.C. 
1226(e)) is amended by striking ‘‘Attorney Gen-
eral’s’’ and inserting ‘‘Secretary of Homeland Secu-
rity’s’’. 
(2) LENGTH OF DETENTION.—Section 236 of 
such Act (8 U.S.C. 1226) is amended by adding at 
the end the following: 
‘‘(f) LENGTH OF DETENTION.— 
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‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this section, an alien may be detained, 
and for an alien described in subsection (c) shall be 
detained, under this section without time limitation, 
except as provided in subsection (h), during the 
pendency of removal proceedings. 
‘‘(2) CONSTRUCTION.—The length of detention 
under this section shall not affect detention under 
section 241.’’. 
(3) DETENTION OF CRIMINAL ALIENS.—Section 
236(c)(1) of such Act (8 U.S.C. 1226(c)(1)) is 
amended— 
(A) in subparagraph (C), by striking ‘‘or’’ 
at the end; 
(B) by inserting after subparagraph (D) 
the following: 
‘‘(E) is unlawfully present in the United 
States and has been convicted for driving while 
intoxicated (including a conviction for driving 
while under the influence or impaired by alcohol 
or drugs) without regard to whether the convic-
tion is classified as a misdemeanor or felony 
under State law, or 
‘‘(F)(i)(I) is inadmissible under section 
212(a)(6)(i), 
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164 
‘‘(II) is deportable by reason of a visa rev-
ocation under section 221(i), or 
‘‘(III) 
is 
deportable 
under 
section 
237(a)(1)(C)(i), and 
‘‘(ii) has been arrested or charged with a 
particularly serious crime or a crime resulting 
in the death or serious bodily injury (as defined 
in section 1365(h)(3) of title 18, United States 
Code) of another person;’’; and 
(C) by amending the matter following sub-
paragraph (F) (as added by subparagraph (B) 
of this paragraph) to read as follows: 
‘‘any time after the alien is released, without regard 
to whether an alien is released related to any activity, of-
fense, or conviction described in this paragraph; to wheth-
er the alien is released on parole, supervised release, or 
probation; or to whether the alien may be arrested or im-
prisoned again for the same offense. If the activity de-
scribed in this paragraph does not result in the alien being 
taken into custody by any person other than the Secretary, 
then when the alien is brought to the attention of the Sec-
retary or when the Secretary determines it is practical to 
take such alien into custody, the Secretary shall take such 
alien into custody.’’. 
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165 
(4) ADMINISTRATIVE REVIEW.—Section 236 of 
the Immigration and Nationality Act (8 U.S.C. 
1226), as amended by paragraph (2), is further 
amended by adding at the end the following: 
‘‘(g) ADMINISTRATIVE REVIEW.—The Attorney Gen-
eral’s review of the Secretary’s custody determinations 
under subsection (a) for the following classes of aliens 
shall be limited to whether the alien may be detained, re-
leased on bond (of at least $1,500 with security approved 
by the Secretary), or released with no bond: 
‘‘(1) Aliens in exclusion proceedings. 
‘‘(2) Aliens described in section 212(a)(3) or 
237(a)(4). 
‘‘(3) Aliens described in subsection (c). 
‘‘(h) RELEASE ON BOND.— 
‘‘(1) IN
GENERAL.—An alien detained under 
subsection (a) may seek release on bond. No bond 
may be granted except to an alien who establishes 
by clear and convincing evidence that the alien is not 
a flight risk or a danger to another person or the 
community. 
‘‘(2) CERTAIN ALIENS INELIGIBLE.—No alien 
detained under subsection (c) may seek release on 
bond.’’. 
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(5) 
CLERICAL
AMENDMENTS.—(A) 
Section 
236(a)(2)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1226(a)(2)(B)) is amended by strik-
ing ‘‘conditional parole’’ and inserting ‘‘recog-
nizance’’. 
(B) Section 236(b) of such Act (8 U.S.C. 
1226(b)) is amended by striking ‘‘parole’’ and in-
serting ‘‘recognizance’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to any alien in detention 
under the provisions of section 236 of the Immigration 
and Nationality Act (8 U.S.C. 1226), as so amended, or 
otherwise subject to the provisions of such section, on or 
after such date. 
SEC. 2205. CLARIFICATION OF CONGRESSIONAL INTENT. 
Section 287(g) of the Immigration and Nationality 
Act (8 U.S.C. 1357(g)) is amended— 
(1) in paragraph (1) by striking ‘‘may enter’’ 
and all that follows through the period at the end 
and inserting the following: ‘‘shall enter into a writ-
ten agreement with a State, or any political subdivi-
sion of a State, upon request of the State or political 
subdivision, pursuant to which officers or employees 
of the State or subdivision, who are determined by 
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the Secretary to be qualified to perform a function 
of an immigration officer in relation to the investiga-
tion, apprehension, or detention of aliens in the 
United States (including the transportation of such 
aliens across State lines to detention centers), may 
carry out such function at the expense of the State 
or political subdivision and to the extent consistent 
with State and local law. No request from a bona 
fide State or political subdivision or bona fide law 
enforcement agency shall be denied absent a compel-
ling reason. No limit on the number of agreements 
under this subsection may be imposed. The Sec-
retary shall process requests for such agreements 
with all due haste, and in no case shall take not 
more than 90 days from the date the request is 
made until the agreement is consummated.’’; 
(2) by redesignating paragraph (2) as para-
graph (5) and paragraphs (3) through (10) as para-
graphs (7) through (14), respectively; 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) An agreement under this subsection shall accom-
modate a requesting State or political subdivision with re-
spect to the enforcement model or combination of models, 
and shall accommodate a patrol model, task force model, 
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jail model, any combination thereof, or any other reason-
able model the State or political subdivision believes is best 
suited to the immigration enforcement needs of its juris-
diction. 
‘‘(3) No Federal program or technology directed 
broadly at identifying inadmissible or deportable aliens 
shall substitute for such agreements, including those es-
tablishing a jail model, and shall operate in addition to 
any agreement under this subsection. 
‘‘(4)(A) No agreement under this subsection shall be 
terminated absent a compelling reason. 
‘‘(B)(i) The Secretary shall provide a State or polit-
ical subdivision written notice of intent to terminate at 
least 180 days prior to date of intended termination, and 
the notice shall fully explain the grounds for termination, 
along with providing evidence substantiating the Sec-
retary’s allegations. 
‘‘(ii) The State or political subdivision shall have the 
right to a hearing before an administrative law judge and, 
if the ruling is against the State or political subdivision, 
to appeal the ruling to the Federal Circuit Court of Ap-
peals and, if the ruling is against the State or political 
subdivision, to petition the Supreme Court for certiorari. 
‘‘(C) The agreement shall remain in full effect during 
the course of any and all legal proceedings.’’; and 
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(4) by inserting after paragraph (5) (as redesig-
nated) the following: 
‘‘(6) The Secretary of Homeland Security shall make 
training of State and local law enforcement officers avail-
able through as many means as possible, including 
through residential training at the Center for Domestic 
Preparedness and the Federal Law Enforcement Training 
Center, onsite training held at State or local police agen-
cies or facilities, online training courses by computer, tele-
conferencing, and videotape, or the digital video display 
(DVD) of a training course or courses. Distance learning 
through a secure, encrypted, distributed learning system 
that has all its servers based in the United States, is scal-
able, survivable, and can have a portal in place not later 
than 30 days after the date of the enactment of the Secur-
ing America’s Future Act of 2018, shall be made available 
by the COPS Office of the Department of Justice and the 
Federal Law Enforcement Training Center Distributed 
Learning Program for State and local law enforcement 
personnel. Preference shall be given to private sector- 
based, web-based immigration enforcement training pro-
grams for which the Federal Government has already pro-
vided support to develop.’’. 
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SEC. 2206. PENALTIES FOR ILLEGAL ENTRY OR PRESENCE. 
(a) IN GENERAL.—Section 275 of the Immigration 
and Nationality Act (8 U.S.C. 1325) is amended to read 
as follows: 
‘‘ILLEGAL ENTRY OR PRESENCE 
‘‘SEC. 275. (a) IN GENERAL.— 
‘‘(1) ILLEGAL ENTRY OR PRESENCE.—An alien 
shall be subject to the penalties set forth in para-
graph (2) if the alien— 
‘‘(A) knowingly enters or crosses the bor-
der into the United States at any time or place 
other than as designated by the Secretary of 
Homeland Security; 
‘‘(B) knowingly eludes, at any time or 
place, examination or inspection by an author-
ized immigration, customs, or agriculture offi-
cer (including by failing to stop at the com-
mand of such officer); 
‘‘(C) knowingly enters or crosses the bor-
der to the United States and, upon examination 
or inspection, knowingly makes a false or mis-
leading representation or the knowing conceal-
ment of a material fact (including such rep-
resentation or concealment in the context of ar-
rival, reporting, entry, or clearance require-
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171 
ments of the customs laws, immigration laws, 
agriculture laws, or shipping laws); 
‘‘(D) knowingly violates the terms or con-
ditions of the alien’s admission or parole into 
the United States and has remained in violation 
for an aggregate period of 90 days or more; or 
‘‘(E) knowingly is unlawfully present in the 
United 
States 
(as 
defined 
in 
section 
212(a)(9)(B)(ii) subject to the exceptions set 
forth in section 212(a)(9)(B)(iii)) and has re-
mained in violation for an aggregate period of 
90 days or more. 
‘‘(2) CRIMINAL
PENALTIES.—Any alien who 
violates any provision under paragraph (1)— 
‘‘(A) shall, for the first violation, be fined 
under title 18, United States Code, imprisoned 
not more than 6 months, or both; 
‘‘(B) shall, for a second or subsequent vio-
lation, or following an order of voluntary depar-
ture, be fined under such title, imprisoned not 
more than 2 years (or not more than 6 months 
in the case of a second or subsequent violation 
of paragraph (1)(E)), or both; 
‘‘(C) if the violation occurred after the 
alien had been convicted of 3 or more mis-
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demeanors or for a felony, shall be fined under 
such title, imprisoned not more than 10 years, 
or both; 
‘‘(D) if the violation occurred after the 
alien had been convicted of a felony for which 
the alien received a term of imprisonment of 
not less than 30 months, shall be fined under 
such title, imprisoned not more than 15 years, 
or both; and 
‘‘(E) if the violation occurred after the 
alien had been convicted of a felony for which 
the alien received a term of imprisonment of 
not less than 60 months, such alien shall be 
fined under such title, imprisoned not more 
than 20 years, or both. 
‘‘(3) PRIOR
CONVICTIONS.—The prior convic-
tions described in subparagraphs (C) through (E) of 
paragraph (2) are elements of the offenses described 
and the penalties in such subparagraphs shall apply 
only in cases in which the conviction or convictions 
that form the basis for the additional penalty are— 
‘‘(A) alleged in the indictment or informa-
tion; and 
‘‘(B) proven beyond a reasonable doubt at 
trial or admitted by the defendant. 
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‘‘(4) DURATION
OF
OFFENSE.—An offense 
under this subsection continues until the alien is dis-
covered within the United States by an immigration, 
customs, or agriculture officer, or until the alien is 
granted a valid visa or relief from removal. 
‘‘(5) ATTEMPT.—Whoever attempts to commit 
any offense under this section shall be punished in 
the same manner as for a completion of such of-
fense. 
‘‘(b) IMPROPER
TIME
OR
PLACE; CIVIL
PEN-
ALTIES.—Any alien who is apprehended while entering, at-
tempting to enter, or knowingly crossing or attempting to 
cross the border to the United States at a time or place 
other than as designated by immigration officers shall be 
subject to a civil penalty, in addition to any criminal or 
other civil penalties that may be imposed under any other 
provision of law, in an amount equal to— 
‘‘(1) not less than $50 or more than $250 for 
each such entry, crossing, attempted entry, or at-
tempted crossing; or 
‘‘(2) twice the amount specified in paragraph 
(1) if the alien had previously been subject to a civil 
penalty under this subsection.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act is amended by 
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striking the item relating to section 275 and inserting the 
following: 
‘‘Sec. 275. Illegal entry or presence.’’. 
(c) EFFECTIVE DATES AND APPLICABILITY.— 
(1) CRIMINAL PENALTIES.—Section 275(a) of 
the Immigration and Nationality Act (8 U.S.C. 
1325(a)), as amended by subsection (a), shall take 
effect 90 days after the date of the enactment of 
this Act, and shall apply to acts, conditions, or viola-
tions described in such section 275(a) that occur or 
exist on or after such effective date. 
(2) CIVIL PENALTIES.—Section 275(b) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1325(b)), as amended by subsection (a), shall take 
effect on the date of the enactment of this Act and 
shall apply to acts described in such section 275(b) 
that occur before, on, or after such date. 
TITLE III—CRIMINAL ALIENS 
SEC. 3301. PRECLUDING ADMISSIBILITY OF ALIENS CON-
VICTED 
OF 
AGGRAVATED 
FELONIES 
OR 
OTHER SERIOUS OFFENSES. 
(a) INADMISSIBILITY ON CRIMINAL AND RELATED 
GROUNDS; WAIVERS.—Section 212 of the Immigration 
and Nationality Act (8 U.S.C. 1182) is amended— 
(1) in subsection (a)(2)(A)(i)— 
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(A) in subclause (I), by striking ‘‘or’’ at 
the end; 
(B) in subclause (II), by adding ‘‘or’’ at 
the end; and 
(C) by inserting after subclause (II) the 
following: 
‘‘(III) a violation of (or a con-
spiracy or attempt to violate) an of-
fense described in section 208 of the 
Social Security Act (42 U.S.C. 408) 
(relating to social security account 
numbers or social security cards) or 
section 1028 of title 18, United States 
Code (relating to fraud and related 
activity in connection with identifica-
tion documents, authentication fea-
tures, and information),’’; 
(2) by adding at the end of subsection (a)(2) 
the following: 
‘‘(J) PROCUREMENT OF CITIZENSHIP OR 
NATURALIZATION
UNLAWFULLY.—Any 
alien 
convicted of, or who admits having committed, 
or who admits committing acts which constitute 
the essential elements of, a violation of, or an 
attempt or a conspiracy to violate, subsection 
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(a) or (b) of section 1425 of title 18, United 
States Code (relating to the procurement of 
citizenship or naturalization unlawfully) is inad-
missible. 
‘‘(K) CERTAIN FIREARM OFFENSES.—Any 
alien who at any time has been convicted under 
any law of, or who admits having committed or 
admits committing acts which constitute the es-
sential elements of, purchasing, selling, offering 
for sale, exchanging, using, owning, possessing, 
or carrying, or of attempting or conspiring to 
purchase, sell, offer for sale, exchange, use, 
own, possess, or carry, any weapon, part, or ac-
cessory which is a firearm or destructive device 
(as defined in section 921(a) of title 18, United 
States Code) in violation of any law is inadmis-
sible. 
‘‘(L) AGGRAVATED
FELONS.—Any alien 
who has been convicted of an aggravated felony 
at any time is inadmissible. 
‘‘(M) CRIMES
OF
DOMESTIC
VIOLENCE, 
STALKING, OR VIOLATION OF PROTECTION OR-
DERS, CRIMES AGAINST CHILDREN.— 
‘‘(i) DOMESTIC VIOLENCE, STALKING, 
AND CHILD ABUSE.—Any alien who at any 
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time is convicted of, or who admits having 
committed or admits committing acts 
which constitute the essential elements of, 
a crime of domestic violence, a crime of 
stalking, or a crime of child abuse, child 
neglect, or child abandonment is inadmis-
sible. For purposes of this clause, the term 
‘crime of domestic violence’ means any 
crime of violence (as defined in section 16 
of title 18, United States Code) against a 
person committed by a current or former 
spouse of the person, by an individual with 
whom the person shares a child in com-
mon, by an individual who is cohabiting 
with or has cohabited with the person as a 
spouse, by an individual similarly situated 
to a spouse of the person under the domes-
tic or family violence laws of the jurisdic-
tion where the offense occurs, or by any 
other individual against a person who is 
protected from that individual’s acts under 
the domestic or family violence laws of the 
United States or any State, Indian tribal 
government, or unit of local or foreign gov-
ernment. 
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‘‘(ii) VIOLATORS OF PROTECTION OR-
DERS.—Any alien who at any time is en-
joined under a protection order issued by 
a court and whom the court determines 
has engaged in conduct that violates the 
portion of a protection order that involves 
protection against credible threats of vio-
lence, repeated harassment, or bodily in-
jury to the person or persons for whom the 
protection order was issued is inadmissible. 
For purposes of this clause, the term ‘pro-
tection order’ means any injunction issued 
for the purpose of preventing violent or 
threatening acts of domestic violence, in-
cluding temporary or final orders issued by 
civil or criminal courts (other than support 
or child custody orders or provisions) 
whether obtained by filing an independent 
action or as a independent order in an-
other proceeding. 
‘‘(iii) 
WAIVER
AUTHORIZED.—The 
waiver authority available under section 
237(a)(7) 
with 
respect 
to 
section 
237(a)(2)(E)(i) shall be available on a 
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comparable basis with respect to this sub-
paragraph. 
‘‘(iv) CLARIFICATION.—If the convic-
tion records do not conclusively establish 
whether a crime of domestic violence con-
stitutes a crime of violence (as defined in 
section 16 of title 18, United States Code), 
the Attorney General may consider other 
evidence related to the conviction that es-
tablishes that the conduct for which the 
alien was engaged constitutes a crime of 
violence.’’; and 
(3) in subsection (h)— 
(A) by striking ‘‘The Attorney General 
may, in his discretion, waive the application of 
subparagraphs (A)(i)(I), (B), (D), and (E) of 
subsection (a)(2)’’ and inserting ‘‘The Attorney 
General or the Secretary of Homeland Security 
may, in the discretion of the Attorney General 
or the Secretary, waive the application of sub-
paragraphs (A)(i)(I), (III), (B), (D), (E), (K), 
and (M) of subsection (a)(2)’’; 
(B) by striking ‘‘a criminal act involving 
torture.’’ and inserting ‘‘a criminal act involving 
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torture, or has been convicted of an aggravated 
felony.’’; 
(C) by striking ‘‘if either since the date of 
such admission the alien has been convicted of 
an aggravated felony or the alien’’ and inserting 
‘‘if since the date of such admission the alien’’; 
and 
(D) by inserting ‘‘or Secretary of Home-
land Security’’ after ‘‘the Attorney General’’ 
each place it appears. 
(b) DEPORTABILITY; CRIMINAL OFFENSES.—Section 
237(a)(3)(B) of the Immigration and Nationality Act (8 
U.S.C. 1227(a)(3)(B)) is amended— 
(1) in clause (ii), by striking ‘‘or’’ at the end; 
(2) in clause (iii), by inserting ‘‘or’’ at the end; 
and 
(3) by inserting after clause (iii) the following: 
‘‘(iv) of a violation of, or an attempt 
or a conspiracy to violate, section 1425(a) 
or (b) of title 18 (relating to the procure-
ment of citizenship or naturalization un-
lawfully),’’. 
(c) DEPORTABILITY; OTHER CRIMINAL OFFENSES.— 
Section 237(a)(2) of the Immigration and Nationality Act 
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(8 U.S.C. 1227(a)(2)) is amended by adding at the end 
the following: 
‘‘(G) FRAUD AND RELATED ACTIVITY AS-
SOCIATED WITH SOCIAL SECURITY ACT BENE-
FITS AND IDENTIFICATION DOCUMENTS.—Any 
alien who at any time after admission has been 
convicted of a violation of (or a conspiracy or 
attempt to violate) section 208 of the Social Se-
curity Act (42 U.S.C. 408) (relating to social 
security account numbers or social security 
cards) or section 1028 of title 18, United States 
Code (relating to fraud and related activity in 
connection with identification) is deportable.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply— 
(1) to any act that occurred before, on, or after 
the date of the enactment of this Act; and 
(2) to all aliens who are required to establish 
admissibility on or after such date, and in all re-
moval, deportation, or exclusion proceedings that are 
filed, pending, or reopened, on or after such date. 
(e) CONSTRUCTION.—The amendments made by sub-
section (a) shall not be construed to create eligibility for 
relief from removal under former section 212(c) of the Im-
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migration and Nationality Act where such eligibility did 
not exist before these amendments became effective. 
SEC. 3302. INCREASED PENALTIES BARRING THE ADMIS-
SION OF CONVICTED SEX OFFENDERS FAIL-
ING TO REGISTER AND REQUIRING DEPORTA-
TION OF SEX OFFENDERS FAILING TO REG-
ISTER. 
(a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(2)(A)(i)), as amended by this title, is further 
amended— 
(1) in subclause (II), by striking ‘‘or’’ at the 
end; 
(2) in subclause (III), by adding ‘‘or’’ at the 
end; and 
(3) by inserting after subclause (III) the fol-
lowing: 
‘‘(IV) a violation of section 2250 
of title 18, United States Code (relat-
ing to failure to register as a sex of-
fender),’’. 
(b) DEPORTABILITY.—Section 237(a)(2) of such Act 
(8 U.S.C. 1227(a)(2)), as amended by this title, is further 
amended— 
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(1) in subparagraph (A), by striking clause (v); 
and 
(2) by adding at the end the following: 
‘‘(I) FAILURE TO REGISTER AS A SEX OF-
FENDER.—Any alien convicted of, or who ad-
mits having committed, or who admits commit-
ting acts which constitute the essential elements 
of a violation of section 2250 of title 18, United 
States Code (relating to failure to register as a 
sex offender) is deportable.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to acts that occur before, on, 
or after the date of the enactment of this Act. 
SEC. 3303. GROUNDS OF INADMISSIBILITY AND DEPORT-
ABILITY FOR ALIEN GANG MEMBERS. 
(a) DEFINITION OF GANG MEMBER.—Section 101(a) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)) is amended by adding at the end the following: 
‘‘(53) The term ‘criminal gang’ means an ongoing 
group, club, organization, or association of 5 or more per-
sons that has as one of its primary purposes the commis-
sion of 1 or more of the following criminal offenses and 
the members of which engage, or have engaged within the 
past 5 years, in a continuing series of such offenses, or 
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that has been designated as a criminal gang by the Sec-
retary of Homeland Security, in consultation with the At-
torney General, as meeting these criteria. The offenses de-
scribed, whether in violation of Federal or State law or 
foreign law and regardless of whether the offenses oc-
curred before, on, or after the date of the enactment of 
this paragraph, are the following: 
‘‘(A) A ‘felony drug offense’ (as defined in sec-
tion 102 of the Controlled Substances Act (21 
U.S.C. 802)). 
‘‘(B) A felony offense involving firearms or ex-
plosives or in violation of section 931 of title 18, 
United States Code (relating to purchase, ownership, 
or possession of body armor by violent felons). 
‘‘(C) An offense under section 274 (relating to 
bringing in and harboring certain aliens), section 
277 (relating to aiding or assisting certain aliens to 
enter the United States), or section 278 (relating to 
importation of alien for immoral purpose). 
‘‘(D) A crime of violence (as defined in section 
16 of title 18, United States Code). 
‘‘(E) A crime involving obstruction of justice, 
tampering with or retaliating against a witness, vic-
tim, or informant. 
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‘‘(F) Any conduct punishable under sections 
1028A and 1029 of title 18, United States Code (re-
lating to aggravated identity theft or fraud and re-
lated activity in connection with identification docu-
ments or access devices), sections 1581 through 
1594 of such title (relating to peonage, slavery, and 
trafficking in persons), section 1951 of such title 
(relating to interference with commerce by threats or 
violence), section 1952 of such title (relating to 
interstate and foreign travel or transportation in aid 
of racketeering enterprises), section 1956 of such 
title (relating to the laundering of monetary instru-
ments), section 1957 of such title (relating to engag-
ing in monetary transactions in property derived 
from specified unlawful activity), or sections 2312 
through 2315 of such title (relating to interstate 
transportation of stolen motor vehicles or stolen 
property). 
‘‘(G) A conspiracy to commit an offense de-
scribed in subparagraphs (A) through (F).’’. 
(b) INADMISSIBILITY.—Section 212(a)(2) of such Act 
(8 U.S.C. 1182(a)(2)) is amended by adding at the end 
the following: 
‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.—(i) Any alien is inadmissible who a 
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criminal gang, either inside or outside of the 
United States, is inadmissible.’’. 
(c) DEPORTABILITY.—Section 237(a)(2) of the Im-
migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 
amended by adding at the end the following: 
‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.—Any alien is deportable who— 
‘‘(i) is or has been a member of a 
criminal gang (as defined in section 
101(a)(53)); or 
‘‘(ii) has participated in the activities 
of a criminal gang (as so defined), knowing 
or having reason to know that such activi-
ties will promote, further, aid, or support 
the illegal activity of the criminal gang.’’. 
(d) DESIGNATION.— 
(1) IN GENERAL.—Chapter 2 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1182) is 
amended by inserting after section 219 the fol-
lowing: 
‘‘DESIGNATION OF CRIMINAL GANG 
‘‘SEC. 220. 
‘‘(a) DESIGNATION.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland Se-
curity, in consultation with the Attorney General, may 
designate a group, club, organization, or association of 5 
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or more persons as a criminal gang if the Secretary finds 
that their conduct is described in section 101(a)(53). 
‘‘(2) PROCEDURE.— 
‘‘(A) NOTIFICATION.—Seven days before mak-
ing a designation under this subsection, the Sec-
retary shall, by classified communication, notify the 
Speaker and Minority Leader of the House of Rep-
resentatives, the President pro tempore, Majority 
Leader, and Minority Leader of the Senate, and the 
members of the relevant committees of the House of 
Representatives and the Senate, in writing, of the 
intent to designate a group, club, organization, or 
association of 5 or more persons under this sub-
section and the factual basis therefor. 
‘‘(B) PUBLICATION
IN
THE
FEDERAL
REG-
ISTER.—The Secretary shall publish the designation 
in the Federal Register seven days after providing 
the notification under subparagraph (A). 
‘‘(3) RECORD.— 
‘‘(A) IN GENERAL.—In making a designation 
under this subsection, the Secretary shall create an 
administrative record. 
‘‘(B) CLASSIFIED
INFORMATION.—The Sec-
retary may consider classified information in making 
a designation under this subsection. Classified infor-
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mation shall not be subject to disclosure for such 
time as it remains classified, except that such infor-
mation may be disclosed to a court ex parte and in 
camera for purposes of judicial review under sub-
section (c). 
‘‘(4) PERIOD OF DESIGNATION.— 
‘‘(A) IN GENERAL.—A designation under this 
subsection shall be effective for all purposes until re-
voked under paragraph (5) or (6) or set aside pursu-
ant to subsection (c). 
‘‘(B) REVIEW
OF
DESIGNATION
UPON
PETI-
TION.— 
‘‘(i) IN GENERAL.—The Secretary shall re-
view the designation of a criminal gang under 
the procedures set forth in clauses (iii) and (iv) 
if the designated group, club, organization, or 
association of 5 or more persons files a petition 
for revocation within the petition period de-
scribed in clause (ii). 
‘‘(ii) PETITION PERIOD.—For purposes of 
clause (i)— 
‘‘(I) if the designated group, club, or-
ganization, or association of 5 or more per-
sons has not previously filed a petition for 
revocation under this subparagraph, the 
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petition period begins 2 years after the 
date on which the designation was made; 
or 
‘‘(II) if the designated group, club, or-
ganization, or association of 5 or more per-
sons has previously filed a petition for rev-
ocation under this subparagraph, the peti-
tion period begins 2 years after the date of 
the determination made under clause (iv) 
on that petition. 
‘‘(iii) PROCEDURES.—Any group, club, or-
ganization, or association of 5 or more persons 
that submits a petition for revocation under 
this subparagraph of its designation as a crimi-
nal gang must provide evidence in that petition 
that it is not described in section 101(a)(53). 
‘‘(iv) DETERMINATION.— 
‘‘(I) IN
GENERAL.—Not later than 
180 days after receiving a petition for rev-
ocation submitted under this subpara-
graph, the Secretary shall make a deter-
mination as to such revocation. 
‘‘(II) CLASSIFIED
INFORMATION.— 
The Secretary may consider classified in-
formation in making a determination in re-
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sponse to a petition for revocation. Classi-
fied information shall not be subject to dis-
closure for such time as it remains classi-
fied, except that such information may be 
disclosed to a court ex parte and in camera 
for purposes of judicial review under sub-
section (c). 
‘‘(III) PUBLICATION OF DETERMINA-
TION.—A determination made by the Sec-
retary under this clause shall be published 
in the Federal Register. 
‘‘(IV) PROCEDURES.—Any revocation 
by the Secretary shall be made in accord-
ance with paragraph (6). 
‘‘(C) OTHER REVIEW OF DESIGNATION.— 
‘‘(i) IN GENERAL.—If in a 5-year period no 
review has taken place under subparagraph (B), 
the Secretary shall review the designation of the 
criminal gang in order to determine whether 
such designation should be revoked pursuant to 
paragraph (6). 
‘‘(ii) PROCEDURES.—If a review does not 
take place pursuant to subparagraph (B) in re-
sponse to a petition for revocation that is filed 
in accordance with that subparagraph, then the 
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review shall be conducted pursuant to proce-
dures established by the Secretary. The results 
of such review and the applicable procedures 
shall not be reviewable in any court. 
‘‘(iii) PUBLICATION OF RESULTS OF RE-
VIEW.—The Secretary shall publish any deter-
mination made pursuant to this subparagraph 
in the Federal Register. 
‘‘(5) REVOCATION BY ACT OF CONGRESS.—The Con-
gress, by an Act of Congress, may block or revoke a des-
ignation made under paragraph (1). 
‘‘(6) REVOCATION BASED
ON CHANGE
IN CIR-
CUMSTANCES.— 
‘‘(A) IN GENERAL.—The Secretary may revoke 
a designation made under paragraph (1) at any 
time, and shall revoke a designation upon completion 
of a review conducted pursuant to subparagraphs 
(B) and (C) of paragraph (4) if the Secretary finds 
that— 
‘‘(i) the group, club, organization, or asso-
ciation of 5 or more persons that has been des-
ignated as a criminal gang is no longer de-
scribed in section 101(a)(53); or 
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