‘‘(iii) has had two or more prior asy-
lum applications denied for any reason; 
‘‘(iv) has withdrawn a prior asylum 
application with prejudice or been found to 
have abandoned a prior asylum applica-
tion; 
‘‘(v) failed to attend an interview re-
garding his or her asylum application with 
the Department of Homeland Security, un-
less the alien shows by a preponderance of 
the evidence that— 
‘‘(I) 
exceptional 
circumstances 
prevented the alien from attending the 
interview; or 
‘‘(II) the interview notice was not 
mailed to the last address provided by 
the alien or the alien’s representative 
and neither the alien nor the alien’s 
representative received notice of the 
interview; or 
‘‘(vi) was subject to a final order of re-
moval, deportation, or exclusion and did 
not file a motion to reopen to seek asylum 
based on changed country conditions within 
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one year of the change in country condi-
tions. 
‘‘(C) EXCEPTIONS.—If one or more of the 
adverse discretionary factors set forth in sub-
paragraph (B) are present, the Attorney General 
or the Secretary, may, notwithstanding such sub-
paragraph (B), favorably exercise discretion 
under section 208— 
‘‘(i) in extraordinary circumstances, 
such as those involving national security or 
foreign policy considerations; or 
‘‘(ii) if the alien, by clear and con-
vincing evidence, demonstrates that the de-
nial of the application for asylum would re-
sult in exceptional and extremely unusual 
hardship to the alien. 
‘‘(5) LIMITATION.—If the Secretary or the Attor-
ney General determines that an alien fails to satisfy 
the requirement under paragraph (1), the alien may 
not be granted asylum based on membership in a par-
ticular social group, and may not appeal the deter-
mination of the Secretary or Attorney General, as ap-
plicable. A determination under this paragraph shall 
not serve as the basis for any motion to reopen or re-
consider an application for asylum or withholding of 
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removal for any reason, including a claim of ineffec-
tive assistance of counsel, unless the alien complies 
with the procedural requirements for such a motion 
and demonstrates that counsel’s failure to define, or 
provide a basis for defining, a formulation of a par-
ticular social group was both not a strategic choice 
and constituted egregious conduct. 
‘‘(6) STEREOTYPES.—Evidence offered in sup-
port of an application for asylum that promotes cul-
tural stereotypes about a country, its inhabitants, or 
an alleged persecutor, including stereotypes based on 
race, religion, nationality, or gender, shall not be ad-
missible in adjudicating that application, except that 
evidence that an alleged persecutor holds stereotypical 
views of the applicant shall be admissible. 
‘‘(7) DEFINITIONS.—In this section: 
‘‘(A) The term ‘membership in a particular 
social group’ means membership in a group that 
is— 
‘‘(i) composed of members who share a 
common immutable characteristic; 
‘‘(ii) defined with particularity; and 
‘‘(iii) socially distinct within the soci-
ety in question. 
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‘‘(B) The term ‘political opinion’ means an 
ideal or conviction in support of the furtherance 
of a discrete cause related to political control of 
a state or a unit thereof. 
‘‘(C) The term ‘persecution’ means the in-
fliction of a severe level of harm constituting an 
exigent threat by the government of a country or 
by persons or an organization that the govern-
ment was unable or unwilling to control. Such 
term does not include— 
‘‘(i) generalized harm or violence that 
arises out of civil, criminal, or military 
strife in a country; 
‘‘(ii) all treatment that the United 
States regards as unfair, offensive, unjust, 
unlawful, or unconstitutional; 
‘‘(iii) intermittent harassment, includ-
ing brief detentions; 
‘‘(iv) threats with no actual effort to 
carry out the threats, except that particu-
larized threats of severe harm of an imme-
diate and menacing nature made by an 
identified entity may constitute persecution; 
or 
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‘‘(v) non-severe economic harm or 
property damage.’’. 
SEC. 109. FIRM RESETTLEMENT. 
Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158), as amended by this Act, is further amend-
ed by adding at the end the following: 
‘‘(g) FIRM RESETTLEMENT.—In determining whether 
an alien was firmly resettled in another country prior to 
arriving 
in 
the 
United 
States 
under 
subsection 
(b)(2)(A)(xiv), the following shall apply: 
‘‘(1) IN GENERAL.—An alien shall be considered 
to have firmly resettled in another country if, after 
the events giving rise to the alien’s asylum claim— 
‘‘(A) the alien resided in a country through 
which the alien transited prior to arriving in or 
entering the United States and— 
‘‘(i) received or was eligible for any 
permanent legal immigration status in that 
country; 
‘‘(ii) resided in such a country with 
any non-permanent but indefinitely renew-
able legal immigration status (including 
asylee, refugee, or similar status, but exclud-
ing status of a tourist); or 
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‘‘(iii) resided in such a country and 
could have applied for and obtained an im-
migration status described in clause (ii); 
‘‘(B) the alien physically resided volun-
tarily, and without continuing to suffer persecu-
tion or torture, in any one country for one year 
or more after departing his country of nation-
ality or last habitual residence and prior to ar-
rival in or entry into the United States, except 
for any time spent in Mexico by an alien who 
is not a native or citizen of Mexico solely as a 
direct result of being returned to Mexico pursu-
ant to section 235(b)(3) or of being subject to me-
tering; or 
‘‘(C) the alien is a citizen of a country other 
than the country in which the alien alleges a fear 
of persecution, or was a citizen of such a country 
in the case of an alien who renounces such citi-
zenship, and the alien was present in that coun-
try after departing his country of nationality or 
last habitual residence and prior to arrival in or 
entry into the United States; 
‘‘(2) BURDEN
OF
PROOF.—If an immigration 
judge determines that an alien has firmly resettled in 
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another country under paragraph (1), the alien shall 
bear the burden of proving the bar does not apply. 
‘‘(3) FIRM
RESETTLEMENT
OF
PARENT.—An 
alien shall be presumed to have been firmly resettled 
in another country if the alien’s parent was firmly 
resettled in another country, the parent’s resettlement 
occurred before the alien turned 18 years of age, and 
the alien resided with such parent at the time of the 
firm resettlement, unless the alien establishes that he 
or she could not have derived any permanent legal 
immigration status or any non-permanent but indefi-
nitely renewable legal immigration status (including 
asylum, refugee, or similar status, but excluding sta-
tus of a tourist) from the alien’s parent.’’. 
SEC. 110. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLI-
CATIONS. 
(a) IN GENERAL.—Section 208(d)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1158(d)(4)) is amend-
ed— 
(1) in the matter preceding subparagraph (A), 
by inserting ‘‘the Secretary of Homeland Security or’’ 
before ‘‘the Attorney General’’; 
(2) in subparagraph (A), by striking ‘‘and of the 
consequences, under paragraph (6), of knowingly fil-
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ing a frivolous application for asylum; and’’ and in-
serting a semicolon; 
(3) in subparagraph (B), by striking the period 
and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(C) ensure that a written warning appears 
on the asylum application advising the alien of 
the consequences of filing a frivolous application 
and serving as notice to the alien of the con-
sequence of filing a frivolous application.’’. 
(b) CONFORMING AMENDMENT.—Section 208(d)(6) of 
the Immigration and Nationality Act (8 U.S.C. 1158(d)(6)) 
is amended by striking ‘‘If the’’ and all that follows and 
inserting: 
‘‘(A) IN
GENERAL.—If the Secretary of 
Homeland Security or the Attorney General de-
termines that an alien has knowingly made a 
frivolous application for asylum and the alien 
has received the notice under paragraph (4)(C), 
the alien shall be permanently ineligible for any 
benefits under this chapter, effective as the date 
of the final determination of such an applica-
tion. 
‘‘(B) CRITERIA.—An application is frivo-
lous if the Secretary of Homeland Security or 
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the Attorney General determines, consistent with 
subparagraph (C), that— 
‘‘(i) it is so insufficient in substance 
that it is clear that the applicant knowingly 
filed the application solely or in part to 
delay removal from the United States, to 
seek employment authorization as an appli-
cant for asylum pursuant to regulations 
issued pursuant to paragraph (2), or to seek 
issuance of a Notice to Appear in order to 
pursue Cancellation of Removal under sec-
tion 240A(b); or 
‘‘(ii) any of the material elements are 
knowingly fabricated. 
‘‘(C) SUFFICIENT OPPORTUNITY TO CLAR-
IFY.—In determining that an application is friv-
olous, the Secretary or the Attorney General, 
must be satisfied that the applicant, during the 
course of the proceedings, has had sufficient op-
portunity to clarify any discrepancies or im-
plausible aspects of the claim. 
‘‘(D) WITHHOLDING OF REMOVAL NOT PRE-
CLUDED.—For purposes of this section, a finding 
that an alien filed a frivolous asylum applica-
tion shall not preclude the alien from seeking 
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withholding of removal under section 241(b)(3) 
or protection pursuant to the Convention 
Against Torture.’’. 
SEC. 111. TECHNICAL AMENDMENTS. 
Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)(D), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before ‘‘At-
torney General’’; and 
(B) in paragraph (3), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before ‘‘At-
torney General’’; 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘Attorney 
General’’ each place such term appears and in-
serting ‘‘Secretary of Homeland Security’’; 
(B) in paragraph (2), in the matter pre-
ceding subparagraph (A), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before ‘‘At-
torney General’’; and 
(C) in paragraph (3), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before ‘‘At-
torney General’’; and 
(3) in subsection (d)— 
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(A) in paragraph (1), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before ‘‘At-
torney General’’ each place such term appears; 
and 
(B) in paragraph (5)— 
(i) in subparagraph (A), by striking 
‘‘Attorney General’’ and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(ii) in subparagraph (B), by inserting 
‘‘Secretary of Homeland Security or the’’ 
before ‘‘Attorney General’’. 
SEC. 112. REQUIREMENT FOR PROCEDURES RELATING TO 
CERTAIN ASYLUM APPLICATIONS. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, the Attorney General shall 
establish procedures to expedite the adjudication of asylum 
applications for aliens— 
(1) who are subject to removal proceedings under 
section 240 of the Immigration and Nationality Act 
(8 U.S.C. 1229a); and 
(2) who are nationals of a Western Hemisphere 
country sanctioned by the United States, as described 
in subsection (b), as of January 1, 2023. 
(b) WESTERN HEMISPHERE COUNTRY SANCTIONED BY 
THE UNITED STATES DESCRIBED.—Subsection (a) shall 
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apply only to an asylum application filed by an alien who 
is a national of a Western Hemisphere country subject to 
sanctions pursuant to— 
(1) the Cuban Liberty and Democratic Soli-
darity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 
note); 
(2) the Reinforcing Nicaragua’s Adherence to 
Conditions for Electoral Reform Act of 2021 or the 
RENACER Act (50 U.S.C. 1701 note); or 
(3) Executive Order 13692 (80 Fed. Reg. 12747; 
declaring a national emergency with respect to the 
situation in Venezuela). 
(c) APPLICABILITY.—This section shall only apply to 
an alien who files an application for asylum after the date 
of the enactment of this Act. 
TITLE II—BORDER SAFETY AND 
MIGRANT PROTECTION 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Border Security and 
Enforcement Act of 2023’’. 
SEC. 202. INSPECTION OF APPLICANTS FOR ADMISSION. 
Section 235 of the Immigration and Nationality Act 
(8 U.S.C. 1225) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
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be removed or returned to a country as 
described in paragraph (3).’’; and 
(ii) by striking subparagraph (C); 
(C) by redesignating paragraph (3) as 
paragraph (5); and 
(D) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) RETURN TO FOREIGN TERRITORY CONTIG-
UOUS TO THE UNITED STATES.— 
‘‘(A) IN GENERAL.—The Secretary of Home-
land Security may return to a foreign territory 
contiguous to the United States any alien arriv-
ing on land from that territory (whether or not 
at a designated port of entry) pending a pro-
ceeding under section 240 or review of a deter-
mination under subsection (b)(1)(B)(iii)(III). 
‘‘(B) MANDATORY RETURN.—If at any time 
the Secretary of Homeland Security cannot— 
‘‘(i) comply with its obligations to de-
tain an alien as required under clause (ii) 
and (iii)(IV) of subsection (b)(1)(B) and 
subsection (b)(2)(A); or 
‘‘(ii) remove an alien to a country de-
scribed in section 208(a)(2)(A), 
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the Secretary of Homeland Security shall, with-
out exception, including pursuant to parole or 
release pursuant to section 236(a) but excluding 
as expressly authorized pursuant to section 
212(d)(5), return to a foreign territory contig-
uous to the United States any alien arriving on 
land from that territory (whether or not at a 
designated port of entry) pending a proceeding 
under section 240 or review of a determination 
under subsection (b)(1)(B)(iii)(III). 
‘‘(4) ENFORCEMENT BY STATE ATTORNEYS GEN-
ERAL.—The attorney general of a State, or other au-
thorized State officer, alleging a violation of the de-
tention, return, or removal requirements under para-
graph (1), (2), or (3) that affects such State or its 
residents, may bring an action against the Secretary 
of Homeland Security on behalf of the residents of the 
State in an appropriate United States district court 
to obtain appropriate injunctive relief.’’; and 
(2) by adding at the end the following: 
‘‘(e) AUTHORITY TO PROHIBIT INTRODUCTION OF CER-
TAIN ALIENS.—If the Secretary of Homeland Security de-
termines, in his discretion, that the prohibition of the intro-
duction of aliens who are inadmissible under subparagraph 
(A) or (C) of section 212(a)(6) or under section 212(a)(7) 
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at an international land or maritime border of the United 
States is necessary to achieve operational control (as de-
fined in section 2 of the Secure Fence Act of 2006 (8 U.S.C. 
1701 note)) of such border, the Secretary may prohibit, in 
whole or in part, the introduction of such aliens at such 
border for such period of time as the Secretary determines 
is necessary for such purpose.’’. 
SEC. 203. OPERATIONAL DETENTION FACILITIES. 
(a) IN GENERAL.—Not later than September 30, 2023, 
the Secretary of Homeland Security shall take all necessary 
actions to reopen or restore all U.S. Immigration and Cus-
toms Enforcement detention facilities that were in oper-
ation on January 20, 2021, that subsequently closed or with 
respect to which the use was altered, reduced, or discon-
tinued after January 20, 2021. In carrying out the require-
ment under this subsection, the Secretary may use the au-
thority under section 103(a)(11) of the Immigration and 
Nationality Act (8 U.S.C. 1103(a)(11)). 
(b) SPECIFIC FACILITIES.—The requirement under 
subsection (a) shall include at a minimum, reopening, or 
restoring, the following facilities: 
(1) Irwin County Detention Center in Georgia. 
(2) C. Carlos Carreiro Immigration Detention 
Center in Bristol County, Massachusetts. 
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(3) Etowah County Detention Center in Gads-
den, Alabama. 
(4) Glades County Detention Center in Moore 
Haven, Florida. 
(5) South Texas Family Residential Center. 
(c) EXCEPTION.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the Secretary of Homeland Secu-
rity is authorized to obtain equivalent capacity for 
detention facilities at locations other than those listed 
in subsection (b). 
(2) LIMITATION.—The Secretary may not take 
action under paragraph (1) unless the capacity ob-
tained would result in a reduction of time and cost 
relative to the cost and time otherwise required to ob-
tain such capacity. 
(3) SOUTH
TEXAS
FAMILY
RESIDENTIAL
CEN-
TER.—The exception under paragraph (1) shall not 
apply to the South Texas Family Residential Center. 
The Secretary shall take all necessary steps to modify 
and operate the South Texas Family Residential Cen-
ter in the same manner and capability it was oper-
ating on January 20, 2021. 
(d) PERIODIC REPORT.—Not later than 90 days after 
the date of enactment of this Act, and every 90 days there-
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after until September 30, 2027, the Secretary of Homeland 
Security shall submit to the appropriate congressional com-
mittees a detailed plan for and a status report on— 
(1) compliance with the deadline under sub-
section (a); 
(2) the increase in detention capabilities re-
quired by this section— 
(A) for the 90 day period immediately pre-
ceding the date such report is submitted; and 
(B) for the period beginning on the first 
day of the fiscal year during which the report is 
submitted, and ending on the date such report is 
submitted; 
(3) the number of detention beds that were used 
and the number of available detention beds that were 
not used during— 
(A) the 90 day period immediately pre-
ceding the date such report is submitted; and 
(B) the period beginning on the first day of 
the fiscal year during which the report is sub-
mitted, and ending on the date such report is 
submitted; 
(4) the number of aliens released due to a lack 
of available detention beds; and 
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(5) the resources the Department of Homeland 
Security needs in order to comply with the require-
ments under this section. 
(e) NOTIFICATION.—The Secretary of Homeland Secu-
rity shall notify Congress, and include with such notifica-
tion a detailed description of the resources the Department 
of Homeland Security needs in order to detain all aliens 
whose detention is mandatory or nondiscretionary under 
the Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.)— 
(1) not later than 5 days after all U.S. Immi-
gration and Customs Enforcement detention facilities 
reach 90 percent of capacity; 
(2) not later than 5 days after all U.S. Immi-
gration and Customs Enforcement detention facilities 
reach 95 percent of capacity; and 
(3) not later than 5 days after all U.S. Immi-
gration and Customs Enforcement detention facilities 
reach full capacity. 
(f) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
The term ‘‘appropriate congressional committees’’ means— 
(1) the Committee on the Judiciary of the House 
of Representatives; 
(2) the Committee on Appropriations of the 
House of Representatives; 
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(3) the Committee on the Judiciary of the Sen-
ate; and 
(4) the Committee on Appropriations of the Sen-
ate. 
TITLE III—ENSURING UNITED 
FAMILIES AT THE BORDER 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Ensuring United Fami-
lies at the Border Act’’. 
SEC. 302. CLARIFICATION OF STANDARDS FOR FAMILY DE-
TENTION. 
(a) IN GENERAL.—Section 235 of the William Wilber-
force Trafficking Victims Protection Reauthorization Act of 
2008 (8 U.S.C. 1232) is amended by adding at the end the 
following: 
‘‘(j) CONSTRUCTION.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, judicial determination, consent de-
cree, or settlement agreement, the detention of any 
alien child who is not an unaccompanied alien child 
shall be governed by sections 217, 235, 236, and 241 
of the Immigration and Nationality Act (8 U.S.C. 
1187, 1225, 1226, and 1231). There is no presump-
tion that an alien child who is not an unaccompanied 
alien child should not be detained. 
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‘‘(2) FAMILY
DETENTION.—The Secretary of 
Homeland Security shall— 
‘‘(A) maintain the care and custody of an 
alien, during the period during which the 
charges described in clause (i) are pending, 
who— 
‘‘(i) is charged only with a mis-
demeanor offense under section 275(a) of the 
Immigration and Nationality Act (8 U.S.C. 
1325(a)); and 
‘‘(ii) entered the United States with the 
alien’s child who has not attained 18 years 
of age; and 
‘‘(B) detain the alien with the alien’s 
child.’’. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that the amendments in this section to section 235 of the 
William Wilberforce Trafficking Victims Protection Reau-
thorization Act of 2008 (8 U.S.C. 1232) are intended to 
satisfy the requirements of the Settlement Agreement in Flo-
res v. Meese, No. 85–4544 (C.D. Cal), as approved by the 
court on January 28, 1997, with respect to its interpreta-
tion in Flores v. Johnson, 212 F. Supp. 3d 864 (C.D. Cal. 
2015), that the agreement applies to accompanied minors. 
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(c) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment 
of this Act and shall apply to all actions that occur before, 
on, or after the date of the enactment of this Act. 
(d) PREEMPTION
OF STATE LICENSING REQUIRE-
MENTS.—Notwithstanding any other provision of law, judi-
cial determination, consent decree, or settlement agreement, 
no State may require that an immigration detention facil-
ity used to detain children who have not attained 18 years 
of age, or families consisting of one or more of such children 
and the parents or legal guardians of such children, that 
is located in that State, be licensed by the State or any 
political subdivision thereof. 
TITLE IV—PROTECTION OF 
CHILDREN 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Protection of Children 
Act of 2023’’. 
SEC. 402. FINDINGS. 
Congress makes the following findings: 
(1) Implementation of the provisions of the Traf-
ficking Victims Protection Reauthorization Act of 
2008 that govern unaccompanied alien children has 
incentivized multiple surges of unaccompanied alien 
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children arriving at the southwest border in the years 
since the bill’s enactment. 
(2) The provisions of the Trafficking Victims 
Protection Reauthorization Act of 2008 that govern 
unaccompanied alien children treat unaccompanied 
alien children from countries that are contiguous to 
the United States disparately by swiftly returning 
them to their home country absent indications of traf-
ficking or a credible fear of return, but allowing for 
the release of unaccompanied alien children from non-
contiguous countries into the interior of the United 
States, often to those individuals who paid to smuggle 
them into the country in the first place. 
(3) The provisions of the Trafficking Victims 
Protection Reauthorization Act of 2008 governing un-
accompanied alien children have enriched the cartels, 
who profit hundreds of millions of dollars each year 
by smuggling unaccompanied alien children to the 
southwest border, exploiting and sexually abusing 
many such unaccompanied alien children on the per-
ilous journey. 
(4) Prior to 2008, the number of unaccompanied 
alien children encountered at the southwest border 
never exceeded 1,000 in a single year. 
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(5) The United States is currently in the midst 
of the worst crisis of unaccompanied alien children in 
our nation’s history, with over 350,000 such unac-
companied alien children encountered at the south-
west border since Joe Biden became President. 
(6) In 2022, during the Biden Administration, 
152,057 unaccompanied alien children were encoun-
tered, the most ever in a single year and an over 400 
percent increase compared to the last full fiscal year 
of the Trump Administration in which 33,239 unac-
companied alien children were encountered. 
(7) The Biden Administration has lost contact 
with at least 85,000 unaccompanied alien children 
who entered the United States since Joe Biden took 
office. 
(8) The Biden Administration dismantled effec-
tive safeguards put in place by the Trump Adminis-
tration that protected unaccompanied alien children 
from being abused by criminals or exploited for illegal 
and dangerous child labor. 
(9) A recent New York Times investigation found 
that unaccompanied alien children are being ex-
ploited in the labor market and ‘‘are ending up in 
some of the most punishing jobs in the country.’’ 
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(10) The Times investigation found unaccom-
panied alien children, ‘‘under intense pressure to earn 
money’’ in order to ‘‘send cash back to their families 
while often being in debt to their sponsors for smug-
gling fees, rent, and living expenses,’’ feared ‘‘that 
they had become trapped in circumstances they never 
could have imagined.’’ 
(11) The Biden Administration’s Department of 
Health and Human Services Secretary Xavier 
Becerra compared placing unaccompanied alien chil-
dren with sponsors, to widgets in an assembly line, 
stating that, ‘‘If Henry Ford had seen this in his 
plant, he would have never become famous and rich. 
This is not the way you do an assembly line.’’ 
(12) Department of Health and Human Services 
employees working under Secretary Xavier Becerra’s 
leadership penned a July 2021 memorandum express-
ing serious concern that ‘‘labor trafficking was in-
creasing’’ and that the agency had become ‘‘one that 
rewards individuals for making quick releases, and 
not one that rewards individuals for preventing un-
safe releases.’’ 
(13) Despite this, Secretary Xavier Becerra pres-
sured then-Director of the Office of Refugee Resettle-
ment Cindy Huang to prioritize releases of unaccom-
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panied alien children over ensuring their safety, tell-
ing her ‘‘if she could not increase the number of dis-
charges he would find someone who could’’ and then- 
Director Huang resigned one month later. 
(14) In June 2014, the Obama-Biden Adminis-
tration requested legal authority to exercise discretion 
in returning and removing unaccompanied alien chil-
dren from non-contiguous countries back to their 
home countries. 
(15) In August 2014, the House of Representa-
tives passed H.R. 5320, which included the Protection 
of Children Act. 
(16) The Protection of Children Act of 2023 ends 
the disparate policies of the Trafficking Victims Pro-
tection Reauthorization Act of 2008 by ensuring the 
swift return of all unaccompanied alien children to 
their country of origin if they are not victims of traf-
ficking and do not have a fear of return. 
SEC. 403. REPATRIATION OF UNACCOMPANIED ALIEN CHIL-
DREN. 
(a) IN GENERAL.—Section 235 of the William Wilber-
force Trafficking Victims Protection Reauthorization Act of 
2008 (8 U.S.C. 1232) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)— 
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(i) by amending the heading to read as 
follows: 
‘‘RULES
FOR
UNACCOMPANIED 
ALIEN CHILDREN.—’’; 
(ii) in subparagraph (A)— 
(I) in the matter preceding clause 
(i), by striking ‘‘who is a national or 
habitual resident of a country that is 
contiguous with the United States’’; 
(II) in clause (i), by inserting 
‘‘and’’ at the end; 
(III) in clause (ii), by striking ‘‘; 
and’’ and inserting a period; and 
(IV) by striking clause (iii); and 
(iii) in subparagraph (B)— 
(I) in the matter preceding clause 
(i), by striking ‘‘(8 U.S.C. 1101 et seq.) 
may—’’ and inserting ‘‘(8 U.S.C. 1101 
et seq.)—’’; 
(II) in clause (i), by inserting be-
fore ‘‘permit such child to withdraw’’ 
the following: ‘‘may’’; and 
(III) in clause (ii), by inserting 
before ‘‘return such child’’ the fol-
lowing: ‘‘shall’’; and 
(B) in paragraph (5)(D)— 
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(i) in the matter preceding clause (i), 
by striking ‘‘, except for an unaccompanied 
alien child from a contiguous country sub-
ject to exceptions under subsection (a)(2),’’ 
and inserting ‘‘who does not meet the cri-
teria listed in paragraph (2)(A)’’; and 
(ii) in clause (i), by inserting before 
the semicolon at the end the following: ‘‘, 
which shall include a hearing before an im-
migration judge not later than 14 days 
after being screened under paragraph (4)’’; 
(2) in subsection (b)— 
(A) in paragraph (2)— 
(i) in subparagraph (A), by inserting 
before the semicolon the following: ‘‘believed 
not to meet the criteria listed in subsection 
(a)(2)(A)’’; and 
(ii) in subparagraph (B), by inserting 
before the period the following: ‘‘and does 
not meet the criteria listed in subsection 
(a)(2)(A)’’; and 
(B) in paragraph (3), by striking ‘‘an un-
accompanied alien child in custody shall’’ and 
all that follows, and inserting the following: ‘‘an 
unaccompanied alien child in custody— 
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‘‘(A) in the case of a child who does not 
meet the criteria listed in subsection (a)(2)(A), 
shall transfer the custody of such child to the 
Secretary of Health and Human Services not 
later than 30 days after determining that such 
child is an unaccompanied alien child who does 
not meet such criteria; or 
‘‘(B) in the case of a child who meets the 
criteria listed in subsection (a)(2)(A), may 
transfer the custody of such child to the Sec-
retary of Health and Human Services after de-
termining that such child is an unaccompanied 
alien child who meets such criteria.’’; and 
(3) in subsection (c)— 
(A) in paragraph (3), by inserting at the 
end the following: 
‘‘(D) INFORMATION
ABOUT
INDIVIDUALS 
WITH WHOM CHILDREN ARE PLACED.— 
‘‘(i) INFORMATION TO BE PROVIDED TO 
HOMELAND
SECURITY.—Before placing a 
child with an individual, the Secretary of 
Health and Human Services shall provide 
to the Secretary of Homeland Security, re-
garding the individual with whom the child 
will be placed, information on— 
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‘‘(I) the name of the individual; 
‘‘(II) the social security number of 
the individual; 
‘‘(III) the date of birth of the in-
dividual; 
‘‘(IV) the location of the individ-
ual’s residence where the child will be 
placed; 
‘‘(V) the immigration status of the 
individual, if known; and 
‘‘(VI) contact information for the 
individual. 
‘‘(ii) ACTIVITIES OF THE SECRETARY 
OF HOMELAND SECURITY.—Not later than 
30 days after receiving the information list-
ed in clause (i), the Secretary of Homeland 
Security, upon determining that an indi-
vidual with whom a child is placed is un-
lawfully present in the United States and 
not in removal proceedings pursuant to 
chapter 4 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1221 et seq.), 
shall initiate such removal proceedings.’’; 
and 
(B) in paragraph (5)— 
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(i) by inserting after ‘‘to the greatest 
extent practicable’’ the following: ‘‘(at no ex-
pense to the Government)’’; and 
(ii) by striking ‘‘have counsel to rep-
resent them’’ and inserting ‘‘have access to 
counsel to represent them’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall apply to any unaccompanied alien child ap-
prehended on or after the date that is 30 days after the 
date of enactment of this Act. 
SEC. 404. SPECIAL IMMIGRANT JUVENILE STATUS FOR IM-
MIGRANTS UNABLE TO REUNITE WITH EI-
THER PARENT. 
Section 101(a)(27)(J) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(27)(J)) is amended— 
(1) in clause (i), by striking ‘‘, and whose reuni-
fication with 1 or both of the immigrant’s parents is 
not viable due to abuse, neglect, abandonment, or a 
similar basis found under State law’’; and 
(2) in clause (iii)— 
(A) in subclause (I), by striking ‘‘and’’ at 
the end; 
(B) in subclause (II), by inserting ‘‘and’’ 
after the semicolon; and 
(C) by adding at the end the following: 
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‘‘(III) an alien may not be grant-
ed special immigrant status under this 
subparagraph if the alien’s reunifica-
tion with any one parent or legal 
guardian is not precluded by abuse, 
neglect, abandonment, or any similar 
cause under State law;’’. 
SEC. 405. RULE OF CONSTRUCTION. 
Nothing in this title shall be construed to limit the fol-
lowing procedures or practices relating to an unaccom-
panied alien child (as defined in section 462(g)(2) of the 
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))): 
(1) Screening of such a child for a credible fear 
of return to his or her country of origin. 
(2) Screening of such a child to determine wheth-
er he or she was a victim of trafficking. 
(3) Department of Health and Human Services 
policy in effect on the date of the enactment of this 
Act requiring a home study for such a child if he or 
she is under 12 years of age. 
TITLE V—VISA OVERSTAYS 
PENALTIES 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Visa Overstays Pen-
alties Act’’. 
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SEC. 502. EXPANDED PENALTIES FOR ILLEGAL ENTRY OR 
PRESENCE. 
Section 275 of the Immigration and Nationality Act 
(8 U.S.C. 1325) is amended— 
(1) in subsection (a) by inserting after ‘‘for a 
subsequent commission of any such offense’’ the fol-
lowing: ‘‘or if the alien was previously convicted of an 
offense under subsection (e)(2)(A)’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘at least 
$50 and not more than $250’’ and inserting ‘‘not 
less than $500 and not more than $1,000’’; and 
(B) in paragraph (2), by inserting after ‘‘in 
the case of an alien who has been previously sub-
ject to a civil penalty under this subsection’’ the 
following: ‘‘or subsection (e)(2)(B)’’; and 
(3) by adding at the end the following: 
‘‘(e) VISA OVERSTAYS.— 
‘‘(1) IN GENERAL.—An alien who was admitted 
as a nonimmigrant has violated this paragraph if the 
alien, for an aggregate of 10 days or more, has 
failed— 
‘‘(A) to maintain the nonimmigrant status 
in which the alien was admitted, or to which it 
was changed under section 248, including com-
plying with the period of stay authorized by the 
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Secretary of Homeland Security in connection 
with such status; or 
‘‘(B) to comply otherwise with the condi-
tions of such nonimmigrant status. 
‘‘(2) PENALTIES.—An alien who has violated 
paragraph (1)— 
‘‘(A) shall— 
‘‘(i) for the first commission of such a 
violation, be fined under title 18, United 
States Code, or imprisoned not more than 6 
months, or both; and 
‘‘(ii) for a subsequent commission of 
such a violation, or if the alien was pre-
viously convicted of an offense under sub-
section (a), be fined under such title 18, or 
imprisoned not more than 2 years, or both; 
and 
‘‘(B) in addition to, and not in lieu of, any 
penalty under subparagraph (A) and any other 
criminal or civil penalties that may be imposed, 
shall be subject to a civil penalty of— 
‘‘(i) not less than $500 and not more 
than $1,000 for each violation; or 
‘‘(ii) twice the amount specified in 
clause (i), in the case of an alien who has 
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been previously subject to a civil penalty 
under this subparagraph or subsection (b).’’. 
TITLE VI—IMMIGRATION 
PAROLE REFORM 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Immigration Parole 
Reform Act of 2023’’. 
SEC. 602. IMMIGRATION PAROLE REFORM. 
Section 212(d)(5) of the Immigration and Nationality 
Act (8 U.S.C. 1182(d)(5)) is amended to read as follows: 
‘‘(5)(A) Except as provided in subparagraphs (B) and 
(C) and section 214(f), the Secretary of Homeland Security, 
in the discretion of the Secretary, may temporarily parole 
into the United States any alien applying for admission 
to the United States who is not present in the United States, 
under such conditions as the Secretary may prescribe, on 
a case-by-case basis, and not according to eligibility criteria 
describing an entire class of potential parole recipients, for 
urgent humanitarian reasons or significant public benefit. 
Parole granted under this subparagraph may not be re-
garded as an admission of the alien. When the purposes 
of such parole have been served in the opinion of the Sec-
retary, the alien shall immediately return or be returned 
to the custody from which the alien was paroled. After such 
return, the case of the alien shall be dealt with in the same 
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manner as the case of any other applicant for admission 
to the United States. 
‘‘(B) The Secretary of Homeland Security may grant 
parole to any alien who— 
‘‘(i) is present in the United States without law-
ful immigration status; 
‘‘(ii) is the beneficiary of an approved petition 
under section 203(a); 
‘‘(iii) is not otherwise inadmissible or removable; 
and 
‘‘(iv) is the spouse or child of a member of the 
Armed Forces serving on active duty. 
‘‘(C) The Secretary of Homeland Security may grant 
parole to any alien— 
‘‘(i) who is a national of the Republic of Cuba 
and is living in the Republic of Cuba; 
‘‘(ii) who is the beneficiary of an approved peti-
tion under section 203(a); 
‘‘(iii) for whom an immigrant visa is not imme-
diately available; 
‘‘(iv) who meets all eligibility requirements for 
an immigrant visa; 
‘‘(v) who is not otherwise inadmissible; and 
‘‘(vi) who is receiving a grant of parole in fur-
therance of the commitment of the United States to 
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the minimum level of annual legal migration of 
Cuban nationals to the United States specified in the 
U.S.–Cuba Joint Communique´ on Migration, done at 
New York September 9, 1994, and reaffirmed in the 
Cuba-United States: Joint Statement on Normaliza-
tion of Migration, Building on the Agreement of Sep-
tember 9, 1994, done at New York May 2, 1995. 
‘‘(D) The Secretary of Homeland Security may grant 
parole to an alien who is returned to a contiguous country 
under section 235(b)(3) to allow the alien to attend the 
alien’s immigration hearing. The grant of parole shall not 
exceed the time required for the alien to be escorted to, and 
attend, the alien’s immigration hearing scheduled on the 
same calendar day as the grant, and to immediately there-
after be escorted back to the contiguous country. A grant 
of parole under this subparagraph shall not be considered 
for purposes of determining whether the alien is inadmis-
sible under this Act. 
‘‘(E) For purposes of determining an alien’s eligibility 
for parole under subparagraph (A), an urgent humani-
tarian reason shall be limited to circumstances in which 
the alien establishes that— 
‘‘(i)(I) the alien has a medical emergency; and 
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‘‘(II)(aa) the alien cannot obtain necessary treat-
ment in the foreign state in which the alien is resid-
ing; or 
‘‘(bb) the medical emergency is life-threatening 
and there is insufficient time for the alien to be ad-
mitted to the United States through the normal visa 
process; 
‘‘(ii) the alien is the parent or legal guardian of 
an alien described in clause (i) and the alien de-
scribed in clause (i) is a minor; 
‘‘(iii) the alien is needed in the United States in 
order to donate an organ or other tissue for trans-
plant and there is insufficient time for the alien to 
be admitted to the United States through the normal 
visa process; 
‘‘(iv) the alien has a close family member in the 
United States whose death is imminent and the alien 
could not arrive in the United States in time to see 
such family member alive if the alien were to be ad-
mitted to the United States through the normal visa 
process; 
‘‘(v) the alien is seeking to attend the funeral of 
a close family member and the alien could not arrive 
in the United States in time to attend such funeral 
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if the alien were to be admitted to the United States 
through the normal visa process; 
‘‘(vi) the alien is an adopted child with an ur-
gent medical condition who is in the legal custody of 
the petitioner for a final adoption-related visa and 
whose medical treatment is required before the ex-
pected award of a final adoption-related visa; or 
‘‘(vii) the alien is a lawful applicant for adjust-
ment of status under section 245 and is returning to 
the United States after temporary travel abroad. 
‘‘(F) For purposes of determining an alien’s eligibility 
for parole under subparagraph (A), a significant public 
benefit may be determined to result from the parole of an 
alien only if— 
‘‘(i) the alien has assisted (or will assist, whether 
knowingly or not) the United States Government in 
a law enforcement matter; 
‘‘(ii) the alien’s presence is required by the Gov-
ernment in furtherance of such law enforcement mat-
ter; and 
‘‘(iii) the alien is inadmissible, does not satisfy 
the eligibility requirements for admission as a non-
immigrant, or there is insufficient time for the alien 
to be admitted to the United States through the nor-
mal visa process. 
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‘‘(G) For purposes of determining an alien’s eligibility 
for parole under subparagraph (A), the term ‘case-by-case 
basis’ means that the facts in each individual case are con-
sidered and parole is not granted based on membership in 
a defined class of aliens to be granted parole. The fact that 
aliens are considered for or granted parole one-by-one and 
not as a group is not sufficient to establish that the parole 
decision is made on a ‘case-by-case basis’. 
‘‘(H) The Secretary of Homeland Security may not 
use the parole authority under this paragraph to parole an 
alien into the United States for any reason or purpose other 
than those described in subparagraphs (B), (C), (D), (E), 
and (F). 
‘‘(I) An alien granted parole may not accept employ-
ment, except that an alien granted parole pursuant to sub-
paragraph (B) or (C) is authorized to accept employment 
for the duration of the parole, as evidenced by an employ-
ment authorization document issued by the Secretary of 
Homeland Security. 
‘‘(J) Parole granted after a departure from the United 
States shall not be regarded as an admission of the alien. 
An alien granted parole, whether as an initial grant of pa-
role or parole upon reentry into the United States, is not 
eligible to adjust status to lawful permanent residence or 
for any other immigration benefit if the immigration status 
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the alien had at the time of departure did not authorize 
the alien to adjust status or to be eligible for such benefit. 
‘‘(K)(i) Except as provided in clauses (ii) and (iii), 
parole shall be granted to an alien under this paragraph 
for the shorter of— 
‘‘(I) a period of sufficient length to accomplish 
the activity described in subparagraph (D), (E), or 
(F) for which the alien was granted parole; or 
‘‘(II) 1 year. 
‘‘(ii) Grants of parole pursuant to subparagraph (A) 
may be extended once, in the discretion of the Secretary, 
for an additional period that is the shorter of— 
‘‘(I) the period that is necessary to accomplish 
the activity described in subparagraph (E) or (F) for 
which the alien was granted parole; or 
‘‘(II) 1 year. 
‘‘(iii) Aliens who have a pending application to adjust 
status to permanent residence under section 245 may re-
quest extensions of parole under this paragraph, in 1-year 
increments, until the application for adjustment has been 
adjudicated. Such parole shall terminate immediately upon 
the denial of such adjustment application. 
‘‘(L) Not later than 90 days after the last day of each 
fiscal year, the Secretary of Homeland Security shall sub-
mit to the Committee on the Judiciary of the Senate and 
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the Committee on the Judiciary of the House of Representa-
tives and make available to the public, a report— 
‘‘(i) identifying the total number of aliens pa-
roled into the United States under this paragraph 
during the previous fiscal year; and 
‘‘(ii) containing information and data regarding 
all aliens paroled during such fiscal year, includ-
ing— 
‘‘(I) the duration of parole; 
‘‘(II) the type of parole; and 
‘‘(III) the current status of the aliens so pa-
roled.’’. 
SEC. 603. IMPLEMENTATION. 
(a) IN GENERAL.—Except as provided in subsection 
(b), this Act and the amendments made by this Act shall 
take effect on the date that is 30 days after the date of the 
enactment of this Act. 
(b) EXCEPTIONS.—Notwithstanding subsection (a), 
each of the following exceptions apply: 
(1) Any application for parole or advance parole 
filed by an alien before the date of the enactment of 
this Act shall be adjudicated under the law that was 
in effect on the date on which the application was 
properly filed and any approved advance parole shall 
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remain valid under the law that was in effect on the 
date on which the advance parole was approved. 
(2) Section 212(d)(5)(J) of the Immigration and 
Nationality Act, as added by section 2, shall take ef-
fect on the date of the enactment of this Act. 
(3) Aliens who were paroled into the United 
States pursuant to section 212(d)(5)(A) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(d)(5)(A)) 
before January 1, 2023, shall continue to be subject 
to the terms of parole that were in effect on the date 
on which their respective parole was approved. 
SEC. 604. CAUSE OF ACTION. 
Any person, State, or local government that experi-
ences financial harm in excess of $1,000 due to a failure 
of the Federal Government to lawfully apply the provisions 
of this Act or the amendments made by this Act shall have 
standing to bring a civil action against the Federal Govern-
ment in an appropriate district court of the United States 
for appropriate relief. 
SEC. 605. SEVERABILITY. 
If any provision of this Act or any amendment by this 
Act, or the application of such provision or amendment to 
any person or circumstance, is held to be unconstitutional, 
the remainder of this Act and the application of such provi-
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sion or amendment to any other person or circumstance 
shall not be affected. 
TITLE VII—LEGAL WORKFORCE 
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘Legal Workforce Act’’. 
SEC. 702. EMPLOYMENT ELIGIBILITY VERIFICATION PROC-
ESS. 
(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 PROC-
ESS.— 
‘‘(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 referring 
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 attest, 
under penalty of perjury and on a form, in-
cluding electronic format, designated or es-
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tablished by the Secretary by regulation not 
later than 6 months after the date of the en-
actment of the Legal Workforce Act, that it 
has verified that the individual is not an 
unauthorized alien by— 
‘‘(I) obtaining from the individual 
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 sub-
paragraph (B), obtaining such identi-
fication or authorization number estab-
lished by the Department 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 
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‘‘(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). 
‘‘(ii) DOCUMENTS
EVIDENCING
EM-
PLOYMENT
AUTHORIZATION
AND
ESTAB-
LISHING IDENTITY.—A document described 
in this subparagraph is an individual’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 photo-
graph; 
‘‘(IV) in the case of a non-
immigrant alien authorized to work for 
a specific employer incident to status, 
a foreign passport with Form I–94 or 
Form I–94A, or other documentation 
as designated by the Secretary speci-
fying the alien’s nonimmigrant status 
as long as the period of status has not 
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yet expired and the proposed employ-
ment is not in conflict with any re-
strictions or limitations identified in 
the documentation; 
‘‘(V) passport from the Federated 
States of Micronesia (FSM) or the Re-
public of the Marshall Islands (RMI) 
with Form I–94 or Form I–94A, or 
other documentation as designated by 
the 
Secretary, 
indicating 
non-
immigrant admission under the Com-
pact 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; 
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‘‘(bb) is evidence of author-
ization of employment in the 
United States; and 
‘‘(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 specifies 
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 de-
scribed in this subparagraph is— 
‘‘(I) an individual’s unexpired 
State issued driver’s license or identi-
fication card if it contains a photo-
graph and information such as name, 
date of birth, gender, height, eye color, 
and address; 
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‘‘(II) an individual’s unexpired 
U.S. military identification card; 
‘‘(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 pen-
alty 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. 
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‘‘(vi) SIGNATURE.—Such attestation 
may be manifested by either a handwritten 
or electronic signature. 
‘‘(B) INDIVIDUAL ATTESTATION OF EMPLOY-
MENT AUTHORIZATION.—During the verification 
period (as defined in subparagraph (E)), the in-
dividual shall attest, under penalty of perjury on 
the form designated or established for purposes of 
subparagraph (A), that the individual is a cit-
izen or national of the United States, an alien 
lawfully admitted for permanent residence, or an 
alien who is authorized under this Act or by the 
Secretary of Homeland Security to be hired, re-
cruited, or referred for such employment. Such 
attestation may be manifested by either a hand-
written or electronic signature. The individual 
shall also provide that individual’s social secu-
rity account number or United States passport 
number (if the individual claims to have been 
issued such a number), and, if the individual 
does not attest to United States nationality 
under this subparagraph, such identification or 
authorization number established by the Depart-
ment of Homeland Security for the alien as the 
Secretary may specify. 
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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 subse-
quent 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 addi-
tional proof concerning such inquiry. 
‘‘(V) CONSEQUENCES OF NONCON-
FIRMATION.— 
‘‘(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 indi-
vidual (or decline to recruit or 
refer the individual). If the person 
or entity does not terminate em-
ployment of the individual or pro-
ceeds to recruit or refer the indi-
vidual, the person or entity shall 
notify the Secretary of Homeland 
Security of such fact through the 
verification system or in such 
other manner as the Secretary 
may specify. 
‘‘(bb) FAILURE TO NOTIFY.— 
If the person or entity fails to 
provide notice with respect to an 
individual as required under item 
(aa), the failure is deemed to con-
stitute a violation of subsection 
(a)(1)(A) with respect to that in-
dividual. 
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‘‘(VI) CONTINUED
EMPLOYMENT 
AFTER
FINAL
NONCONFIRMATION.—If 
the person or other entity continues to 
employ (or to recruit or refer) an indi-
vidual after receiving final noncon-
firmation, a rebuttable presumption is 
created that the person or entity has 
violated subsection (a)(1)(A). 
‘‘(D) EFFECTIVE
DATES
OF
NEW
PROCE-
DURES.— 
‘‘(i) HIRING.—Except as provided in 
clause (iii), the provisions of this paragraph 
shall apply to a person or other entity hir-
ing an individual for employment in the 
United States as follows: 
‘‘(I) With respect to employers 
having 10,000 or more employees in 
the United States on the date of the en-
actment of the Legal Workforce Act, 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 em-
ployees in the United States, on the 
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date of the enactment of the Legal 
Workforce Act, on the date that is 12 
months after the date of the enactment 
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 enactment 
of such Act. 
‘‘(IV) With respect to employers 
having one 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 enactment 
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-
ring an individual for employment in the 
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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 36 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 Secretary 
of Agriculture in regulations and includes 
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 unmanufactured state, all 
activities required for the preparation, proc-
essing or manufacturing of a product of ag-
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