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(E) the reason why the United States Government cannot obtain a
passport or other travel document or deportation facilities from a coun-
try to which the alien is ordered deported; and
(F) the eligibility of the alien for discretionary release under the im-
migration laws.
§ 10154. Marriage to evade immigration laws
(a) CRIMINAL PENALTY.—An individual who knowingly marries to evade
the immigration laws shall be fined under title 18, imprisoned for not more
than 5 years, or both.
(b) VENUE.—A proceeding under this section may be brought in any judi-
cial district in which the violation occurs or in which the individual is appre-
hended.
§ 10155. Misrepresentations in applications for adjustment
of status
An individual knowingly and willfully making a material misrepresenta-
tion in an application or supporting document filed under section 9303 or
9304(a)(1) of this title, or making or using a false document in connection
with the application, shall be fined under title 18, imprisoned for not more
than 5 years, or both.
§ 10156. Disclosing confidential information in applications
An individual violating section 9308(b) of this title shall be fined under
title 18, imprisoned for not more than 5 years, or both.
§ 10157. Establishing a commercial enterprise to evade im-
migration laws
(a) CRIMINAL PENALTY.—An individual who knowingly establishes a
commercial enterprise to evade the immigration laws shall be fined under
title 18, imprisoned for not more than 5 years, or both.
(b) VENUE.—A proceeding under this section may be brought in any judi-
cial district in which the violation occurs or in which the individual is appre-
hended.
SUBTITLE III—UNLAWFUL EMPLOYMENT
PRACTICES
CHAPTER
Sec.
111.
UNLAWFUL EMPLOYMENT OF ALIENS ................................................
11101
113.
IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES .......
11301
CHAPTER 111—UNLAWFUL EMPLOYMENT OF ALIENS
Sec.
11101.
Definitions.
11102.
Employment of unauthorized aliens.
11103.
Employment verification system.
11104.
Evaluating and changing employment verification system.
11105.
Compliance.
11106.
Criminal penalties and civil actions for pattern or practice violations.
11107.
Indemnity prohibition.
245
11108.
Conspicuous statement requirement.
11109.
Preemption of State and local law.
§ 11101. Definitions
In this chapter—
(1) ‘‘person’’, in addition to its meaning under section 1 of title 1,
includes any other entity.
(2) ‘‘unauthorized alien’’ means, with respect to employment at a
particular time, an alien who is not at that time—
(A) lawfully admitted for permanent residence; or
(B) authorized to be employed in that employment by this title
or by the Attorney General.
§ 11102. Employment of unauthorized aliens
(a) PROHIBITIONS.—(1) A person—
(A) may not hire, or recruit or refer for a fee, for employment in
the United States an alien knowing the alien is an unauthorized alien;
(B) may not hire for employment in the United States an individual
without complying with section 11103 of this title; or
(C) if the person is an agricultural association, agricultural em-
ployer, or farm labor contractor (as defined in section 3 of the Migrant
and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802)),
may not recruit or refer for a fee for employment in the United States
an individual without complying with section 11103 of this title.
(2) A person may not continue to employ in the United States an alien
knowing the alien is an unauthorized alien.
(b) USE OF LABOR THROUGH CONTRACT.—A person violates subsection
(a)(1)(A) of this section if the person uses a contract, subcontract, or ex-
change that is made, renegotiated, or extended after November 6, 1986, to
obtain the labor of an alien in the United States, knowing the alien is an
unauthorized alien.
(c) DEFENSE.—Good faith compliance with section 11103 of this title is
an affirmative defense under subsection (a)(1)(A) of this section.
(d) STATE EMPLOYMENT AGENCY DOCUMENTATION.—For purposes of
subsections (a)(1)(B) and (C) and (c) of this section, a person hiring an
individual referred by a State employment agency (as defined by the Attor-
ney General) is deemed to have complied with section 11103 of this title
if the person has and retains (for the period and in the way described in
section 11103(c)) appropriate documentation of the referral certifying that
the agency complied with section 11103 for that individual.
(e) NONAPPLICATION.—(1) Subsection (a)(1) of this section does not
apply to hiring, recruiting, or referring that occurred before November 6,
1986.
246
(2) Subsection (a)(2) of this section does not apply to continuing employ-
ment of an alien hired before November 6, 1986.
(f) TEMPORARY PROVISIONS.—(1) The Attorney General may not con-
duct a proceeding or issue an order under this chapter for a violation al-
leged to have occurred during the period from December 1, 1986, through
May 31, 1987.
(2) If the Attorney General has reason to believe that a person has com-
mitted a first violation of this section during the period from June 1, 1987,
through May 31, 1988, the Attorney General—
(A) shall issue a citation to the person; and
(B) may not conduct a proceeding or issue an order for the violation.
(3) In applying paragraphs (1) and (2) of this subsection when an alien
is deemed to be employed in the United States under this chapter as pro-
vided in section 8704 of title 46—
(A) in paragraph (1), substitute ‘‘August 1, 1988, through January
31, 1989’’ for ‘‘December 1, 1986, through May 31, 1987’’; and
(B) in paragraph (2), substitute ‘‘February 1, 1989, through Janu-
ary 31, 1990’’ for ‘‘June 1, 1987, through May 31, 1988’’.
§ 11103. Employment verification system
(a) ATTESTATION AFTER EXAMINING DOCUMENTS.—(1) A person hiring,
or recruiting or referring for a fee, an individual for employment in the
United States must attest, under penalty of perjury and on a form the At-
torney General prescribes by regulation, that the person has verified that
the individual is not an unauthorized alien by examining—
(A) a document specified in paragraph (3) of this subsection; or
(B)(i) a document specified in paragraph (4) of this subsection; and
(ii) a document specified in paragraph (5) of this subsection.
(2) A person has examined a document as required by paragraph (1) of
this subsection if the person has found that the document reasonably ap-
pears on its face to be genuine. The person is not required to request, and
the individual is not required to provide, another document if the individual
has provided a document or combination of documents complying with para-
graph (1) that reasonably appear on their face to be genuine.
(3) A document required under paragraph (1)(A) of this subsection is an
individual’s—
(A) United States passport;
(B) certificate of United States citizenship;
(C) certificate of naturalization;
(D) unexpired foreign passport, if the passport has an appropriate,
unexpired endorsement of the Attorney General authorizing the individ-
ual’s employment in the United States; or
247
(E) resident alien card or other alien registration card, if the card—
(i) contains the individual’s photograph or other identifying in-
formation the Attorney General prescribes by regulation as accept-
able; and
(ii) is evidence of authorization of employment in the United
States.
(4) A document required under paragraph (1)(B)(i) of this subsection is
an individual’s—
(A) social security account number card (unless it states on its face
that issuance of the card does not authorize employment in the United
States);
(B) certificate of birth in the United States or establishing United
States nationality at birth, if the certificate is acceptable under regula-
tions prescribed by the Attorney General; or
(C) other documentation providing authorization of employment in
the United States that the Attorney General prescribes by regulation
as acceptable.
(5) A document required under paragraph (1)(B)(ii) of this subsection is
an individual’s—
(A) driver’s license or similar document issued for identification by
a State, if it contains the individual’s photograph or other identifying
information the Attorney General prescribes by regulation as accept-
able; or
(B) for an individual less than 16 years of age or in a State that
does not issue an identification document other than a driver’s license,
documentation of personal identity that the Attorney General pre-
scribes by regulation as providing a reliable means of identification.
(b) INDIVIDUAL ATTESTATION OF EMPLOYMENT AUTHORIZATION.—The
individual must attest, under penalty of perjury and on the form prescribed
under subsection (a) of this section, that the individual is—
(1) a national of the United States;
(2) an alien lawfully admitted for permanent residence; or
(3) an alien authorized by this title or by the Attorney General to
be hired, recruited, or referred for the employment.
(c) RETENTION OF VERIFICATION FORM.—After the form is completed
as provided in subsections (a) and (b) of this section, the person must retain
the form and make it available for inspection by officers and employees of
the Immigration and Naturalization Service, the Special Counsel for Immi-
gration-Related Unfair Employment Practices, or the Secretary of Labor
during a period beginning on the date of the hiring, recruiting, or referral
and ending—