140 
‘‘(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 
been previously subject to a civil penalty 
under this subparagraph or subsection 
(b).’’. 
TITLE VII—IMMIGRATION 
PAROLE REFORM 
SEC. 701. 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 tempo-
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141 
rarily 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 sig-
nificant public benefit. Parole granted under this subpara-
graph may not be regarded as an admission of the alien. 
When the purposes of such parole have been served in the 
opinion of the Secretary, the alien shall immediately re-
turn 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 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 
lawful immigration status; 
‘‘(ii) is the beneficiary of an approved petition 
under section 203(a); 
‘‘(iii) is not otherwise inadmissible or remov-
able; and 
‘‘(iv) is the spouse or child of a member of the 
Armed Forces serving on active duty. 
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‘‘(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 
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 re-
affirmed in the Cuba-United States: Joint Statement 
on Normalization of Migration, Building on the 
Agreement of September 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 
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143 
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 
thereafter be escorted back to the contiguous country. A 
grant of parole under this subparagraph shall not be con-
sidered for purposes of determining whether the alien is 
inadmissible under this Act. 
‘‘(E) For purposes of determining an alien’s eligi-
bility for parole under subparagraph (A), an urgent hu-
manitarian reason shall be limited to circumstances in 
which the alien establishes that— 
‘‘(i)(I) the alien has a medical emergency; and 
‘‘(II)(aa) the alien cannot obtain necessary 
treatment in the foreign state in which the alien is 
residing; 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 
transplant and there is insufficient time for the alien 
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144 
to be admitted to the United States through the nor-
mal 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 ar-
rive in the United States in time to attend such fu-
neral 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 eligi-
bility for parole under subparagraph (A), a significant 
public benefit may be determined to result from the parole 
of an alien only if— 
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‘‘(i) the alien has assisted (or will assist, wheth-
er 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 
matter; 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. 
‘‘(G) For purposes of determining an alien’s eligi-
bility for parole under subparagraph (A), the term ‘case- 
by-case basis’ means that the facts in each individual case 
are considered and parole is not granted based on mem-
bership 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). 
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‘‘(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 parole 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 immi-
gration status 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— 
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147 
‘‘(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 
the Committee on the Judiciary of the House of Rep-
resentatives 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 
paroled.’’. 
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148 
SEC. 702. IMPLEMENTATION. 
(a) IN GENERAL.—Except as provided in subsection 
(b), this title and the amendments made by this title 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 
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 701 of this 
title, shall take effect 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 Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(d)(5)(A)) before January 1, 2023, shall con-
tinue to be subject to the terms of parole that were 
in effect on the date on which their respective parole 
was approved. 
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SEC. 703. 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 title or the amendments made by this title shall 
have standing to bring a civil action against the Federal 
Government in an appropriate district court of the United 
States for appropriate relief. 
SEC. 704. SEVERABILITY. 
If any provision of this title or any amendment by 
this title, or the application of such provision or amend-
ment to any person or circumstance, is held to be uncon-
stitutional, the remainder of this title and the application 
of such provision or amendment to any other person or 
circumstance shall not be affected. 
TITLE VIII—LEGAL WORKFORCE 
SEC. 801. 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 
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 
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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 format, des-
ignated or established by the Secretary by 
regulation not later than 6 months after 
the date of the enactment of title VIII of 
division B of the Secure the Border Act of 
2023, that it has verified that the indi-
vidual is not an unauthorized alien by— 
‘‘(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 
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151 
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). 
‘‘(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; 
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‘‘(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; 
‘‘(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 
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153 
‘‘(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 
‘‘(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 
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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 
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; 
‘‘(II) an individual’s unexpired 
United States 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 
penalty of law as to the identity and 
age of the individual. 
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‘‘(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. 
‘‘(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 
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156 
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.— 
‘‘(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 or electronic 
version of the form and make it avail-
able for inspection by officers of the 
Department of Homeland Security, 
the Department of Justice, or the De-
partment of Labor during a period be-
ginning on the date of the recruiting 
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157 
or referral of the individual, or, in the 
case of the hiring of an individual, the 
date on which the verification is com-
pleted, 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-
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 
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158 
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-
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-
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160 
comes final. Nothing in this subclause 
shall apply to a recission 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-
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 
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161 
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-
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 
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162 
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. 
‘‘(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 para-
graph shall apply to a person or other enti-
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163 
ty hiring 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 
enactment of title VIII of division B 
of the Secure the Border Act of 2023, 
on the date that is 6 months after the 
date of the enactment of title. 
‘‘(II) With respect to employers 
having 500 or more employees in the 
United States, but less than 10,000 
employees in the United States, on 
the date of the enactment of title VIII 
of division B of the Secure the Border 
Act of 2023, on the date that is 12 
months after the date of the enact-
ment of such title. 
‘‘(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 title VIII of 
division B of the Secure the Border 
Act of 2023, on the date that is 18 
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164 
months after the date of the enact-
ment of such title. 
‘‘(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 title VIII of 
division B of the Secure the Border 
Act of 2023, on the date that is 24 
months after the date of the enact-
ment of such title. 
‘‘(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 
United States on the date that is 12 
months after the date of the enactment of 
title VIII of division B of the Secure the 
Border Act of 2023. 
‘‘(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 
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date that is 36 months after the date of 
the enactment of title VIII of division B of 
the Secure the Border Act of 2023. 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, 
processing or manufacturing of a product 
of agriculture (as such term is defined in 
such section 3(f)) for further distribution, 
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.— 
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166 
‘‘(I) ON
REQUEST.—Upon re-
quest 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 sub-
paragraph applicable to such em-
ployer. Such request shall be made to 
the Secretary and shall be made prior 
to such effective date. 
‘‘(II) FOLLOWING
REPORT.—If 
the study under section 814 of title 
VIII of division B of the Secure the 
Border Act of 2023 has been sub-
mitted in accordance with such sec-
tion, the Secretary of Homeland Secu-
rity may extend the effective date set 
out in clause (iii) on a one-time basis 
for 12 months. 
‘‘(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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‘‘(I) This subsection, as in effect 
before the enactment of title VIII of 
division B of the Secure the Border 
Act of 2023. 
‘‘(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 
807(c) of title VIII of division B of 
the Secure the Border Act of 2023. 
‘‘(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 
807(c) of title VIII of division B of 
the Secure the Border Act of 2023, 
including Executive Order 13465 (8 
U.S.C. 1324a note; relating to Gov-
ernment procurement). 
‘‘(E) VERIFICATION PERIOD DEFINED.— 
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‘‘(i) IN
GENERAL.—For purposes of 
this paragraph: 
‘‘(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 
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and who provides evidence from the Social 
Security Administration that the alien has 
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 title 
VIII of division B of the Secure the Border 
Act of 2023, beginning on the date that is 
6 months after the date of the enactment 
of such title. 
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170 
‘‘(ii) With respect to employers having 
500 or more employees in the United 
States, but less than 10,000 employees in 
the United States, on the date of the en-
actment of title VIII of division B of the 
Secure the Border Act of 2023, beginning 
on the date that is 12 months after the 
date of the enactment of such title. 
‘‘(iii) With respect to employers hav-
ing 20 or more employees in the United 
States, but less than 500 employees in the 
United States, on the date of the enact-
ment of title VIII of division B of the Se-
cure the Border Act of 2023, beginning on 
the date that is 18 months after the date 
of the enactment of such title. 
‘‘(iv) With respect to employers hav-
ing one or more employees in the United 
States, but less than 20 employees in the 
United States, on the date of the enact-
ment of title VIII of division B of the Se-
cure the Border Act of 2023, beginning on 
the date that is 24 months after the date 
of the enactment of such title. 
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171 
‘‘(B) AGRICULTURAL
LABOR
OR
SERV-
ICES.—With respect to an employee performing 
agricultural labor or services, or an employee 
recruited or referred by a farm labor contractor 
(as defined in section 3 of the Migrant and Sea-
sonal Agricultural Worker Protection Act (29 
U.S.C. 1801)), subparagraph (A) shall not 
apply with respect to the reverification of the 
employee until the date that is 36 months after 
the date of the enactment of title VIII of divi-
sion B of the Secure the Border Act of 2023. 
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 agricul-
tural 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 Stand-
ards Act of 1938 (29 U.S.C. 203(f)), the han-
dling, planting, drying, packing, packaging, 
processing, freezing, or grading prior to delivery 
for storage of any agricultural or horticultural 
commodity in its unmanufactured state, all ac-
tivities required for the preparation, processing, 
or manufacturing of a product of agriculture 
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(as such term is defined in such section 3(f)) 
for further distribution, and activities similar to 
all the foregoing as they relate to fish or shell-
fish facilities. An employee described in this 
subparagraph shall not be counted for purposes 
of subparagraph (A). 
‘‘(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 or electronic 
version of the form and make it available 
for inspection by officers of the Depart-
ment of Homeland Security, the Depart-
ment of Justice, or the Department of 
Labor during the period beginning on the 
date the reverification commences and end-
ing 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 employ-
ment is terminated. 
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‘‘(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 title VIII of division B of the 
Secure the Border Act of 2023, an em-
ployer shall make an inquiry, as provided 
in subsection (d), using the verification 
system to seek verification of the identity 
and employment eligibility of any indi-
vidual described in clause (ii) employed 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 
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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). 
‘‘(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 
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‘‘(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 
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-
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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. 
‘‘(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-
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177 
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 
of title VIII of division B of the Secure the 
Border Act of 2023, 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 indi-
vidual 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 
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178 
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— 
‘‘(i) use a form designated or estab-
lished by the Secretary by regulation for 
purposes of this paragraph; and 
‘‘(ii) retain a paper or electronic 
version of the form and make it available 
for inspection by officers of the Depart-
ment of Homeland Security, the Depart-
ment of Justice, or the Department of 
Labor during the period beginning on the 
date the verification commences and end-
ing 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 employment 
is terminated. 
‘‘(4) EARLY COMPLIANCE.— 
‘‘(A) FORMER E-VERIFY REQUIRED USERS, 
INCLUDING FEDERAL CONTRACTORS.—Notwith-
standing the deadlines in paragraphs (1) and 
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179 
(2), beginning on the date of the enactment of 
title VIII of division B of the Secure the Border 
Act of 2023, the Secretary is authorized to 
commence requiring employers required to par-
ticipate in the E-Verify Program described in 
section 403(a) of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note), including employers re-
quired to participate in such program 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 sub-
section (and any additional requirements of 
such Federal acquisition laws and regulation) in 
lieu of any requirement to participate 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 title VIII of division B of the 
Secure the Border Act of 2023, the Secretary 
shall provide for the voluntary compliance with 
the requirements of this subsection by employ-
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180 
ers 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 em-
ployers seeking voluntary early compliance. 
‘‘(5) 
COPYING
OF
DOCUMENTATION
PER-
MITTED.—Notwithstanding any other provision of 
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-
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181 
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; 
‘‘(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 engaged or 
is engaging in a pattern or practice of violations 
of subsection (a)(1)(A) or (a)(2). 
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182 
‘‘(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 title VIII of division B of the 
Secure the Border Act of 2023, each deadline estab-
lished under this section for an employer 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. 802. 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: 
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‘‘(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 
Secretary, which may be a nongovernmental enti-
ty)— 
‘‘(A) responds to inquiries made by per-
sons at any time through a toll-free electronic 
media concerning an individual’s identity and 
whether the individual is authorized to be em-
ployed; 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 
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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 
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 
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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 
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 
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186 
‘‘(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: 
‘‘(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 
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187 
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 
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 
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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. 
‘‘(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 
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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 
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 or would have been hired for 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 action may be 
brought under this paragraph.’’. 
SEC. 803. RECRUITMENT, REFERRAL, AND CONTINUATION 
OF EMPLOYMENT. 
(a) ADDITIONAL CHANGES TO RULES FOR RECRUIT-
MENT, REFERRAL, AND CONTINUATION
OF EMPLOY-
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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-
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 section 801(b) of this title, is further amended by add-
ing 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 
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191 
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, 
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 
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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. 804. 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.— 
‘‘(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 
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‘‘(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 
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: 
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‘‘(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-
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 
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195 
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 
(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. 805. 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 
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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-
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-
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197 
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.’’. 
SEC. 806. 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 section 802 of this title. 
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(c) EFFECTIVE DATE.—This section shall take effect 
on the date that is 30 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. 807. PENALTIES. 
Section 274A of the Immigration and Nationality Act 
(8 U.S.C. 1324a) is amended— 
(1) in subsection (e)(1)— 
(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’’; 
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(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 
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 
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200 
(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 
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. 
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201 
‘‘(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-
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 a 
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 
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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-
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. 
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‘‘(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 
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-
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204 
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.’’. 
SEC. 808. 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-
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205 
cluding the documents described in section 274A(b) 
of the Immigration and Nationality Act),’’. 
SEC. 809. PROTECTION OF SOCIAL SECURITY ADMINISTRA-
TION PROGRAMS. 
(a) FUNDING UNDER AGREEMENT.—Effective for 
fiscal years beginning on or after October 1, 2023, 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 
section 802 of this title, including— 
(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; 
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(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 
fiscal year beginning on or after October 1, 2023, 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 
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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 
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. 810. 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-
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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 
section 802 of this title, or that are otherwise suspected 
or determined to have been compromised by identity fraud 
or other misuse, shall be blocked from use for such system 
purposes unless the individual using such number is able 
to establish, through secure and fair additional security 
procedures, 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 
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 section 802 of this title. 
The Secretary may implement the program on a limited 
pilot program basis before making it fully available to all 
individuals. 
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(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 section 802 of this title. The Secretary may 
implement the program on a limited pilot program basis 
before making it fully available to all individuals. 
SEC. 
811. 
USE 
OF 
EMPLOYMENT 
ELIGIBILITY 
VERIFICATION PHOTO TOOL. 
An employer who uses the photo matching tool used 
as part of the E-Verify System shall match the photo tool 
photograph to both the photograph on the identity or em-
ployment eligibility document provided by the employee 
and to the face of the employee submitting the document 
for employment verification purposes. 
SEC. 812. IDENTITY AUTHENTICATION EMPLOYMENT ELIGI-
BILITY VERIFICATION PILOT PROGRAMS. 
Not later than 24 months after the date of the enact-
ment of this Act, the Secretary of Homeland Security, 
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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 
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. 813. 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 
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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. 
(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. 
SEC. 814. AGRICULTURE WORKFORCE STUDY. 
Not later than 36 months after the date of the enact-
ment of this Act, the Secretary of the Department of 
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Homeland Security, in consultation with the Secretary of 
the Department of Agriculture, shall submit to the Com-
mittee on the Judiciary of the House of Representatives 
and the Committee on the Judiciary of the Senate, a re-
port that includes the following: 
(1) The number of individuals in the agricul-
tural workforce. 
(2) The number of United States citizens in the 
agricultural workforce. 
(3) The number of aliens in the agricultural 
workforce who are authorized to work in the United 
States. 
(4) The number of aliens in the agricultural 
workforce who are not authorized to work in the 
United States. 
(5) Wage growth in each of the previous ten 
years, disaggregated by agricultural sector. 
(6) The percentage of total agricultural indus-
try costs represented by agricultural labor during 
each of the last ten years. 
(7) The percentage of agricultural costs in-
vested in mechanization during each of the last ten 
years. 
(8) Recommendations, other than a path to 
legal status for aliens not authorized to work in the 
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United States, for ensuring United States agricul-
tural employers have a workforce sufficient to cover 
industry needs, including recommendations to— 
(A) increase investments in mechanization; 
(B) increase the domestic workforce; and 
(C) reform the H–2A program. 
SEC. 815. REPEALING REGULATIONS. 
The rules relating to ‘‘Temporary Agricultural Em-
ployment of H–2A Nonimmigrants in the United States’’ 
(87 Fed. Reg. 61660 (Oct. 12, 2022)) and to ‘‘Adverse 
Effect Wage Rate Methodology for the Temporary Em-
ployment of H–2A Nonimmigrants in Non-Range Occupa-
tions in the United States’’ (88 Fed. Reg. 12760 (Feb. 
28, 2023)) shall have no force or effect, may not be re-
issued in substantially the same form, and any new rules 
that are substantially the same as such rules may not be 
issued. 
Æ 
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