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misdemeanor or felony under Federal, 
State, tribal, or local law, in which such in-
toxicated or impaired driving was a cause 
of serious bodily injury or death of another 
person; 
‘‘(vii) the alien has been convicted of 
more than one offense for driving while in-
toxicated or impaired, as those terms are 
defined under the law of the jurisdiction 
where the conviction occurred (including a 
conviction for driving while under the in-
fluence of or impaired by alcohol or drugs), 
without regard to whether the conviction is 
classified as a misdemeanor or felony 
under Federal, State, tribal, or local law; 
‘‘(viii) the alien has been convicted of 
a crime— 
‘‘(I) 
that 
involves 
conduct 
amounting to a crime of stalking; 
‘‘(II) of child abuse, child ne-
glect, or child abandonment; or 
‘‘(III) 
that 
involves 
conduct 
amounting to a domestic assault or 
battery offense, including— 
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‘‘(aa) a misdemeanor crime 
of domestic violence, as described 
in section 921(a)(33) of title 18, 
United States Code; 
‘‘(bb) a crime of domestic vi-
olence, as described in section 
40002(a)(12) of the Violence 
Against Women Act of 1994 (34 
U.S.C. 12291(a)(12)); or 
‘‘(cc) any crime based on 
conduct in which the alien har-
assed, coerced, intimidated, vol-
untarily or recklessly used (or 
threatened to use) force or vio-
lence against, or inflicted phys-
ical injury or physical pain, how-
ever slight, upon a person— 
‘‘(AA) who is a current 
or former spouse of the 
alien; 
‘‘(BB) with whom the 
alien shares a child; 
‘‘(CC) who is cohabi-
tating with, or who has 
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cohabitated with, the alien 
as a spouse; 
‘‘(DD) who is similarly 
situated to a spouse of the 
alien under the domestic or 
family violence laws of the 
jurisdiction where the of-
fense occurred; or 
‘‘(EE) who is protected 
from that alien’s acts under 
the domestic or family vio-
lence laws of the United 
States or of any State, tribal 
government, or unit of local 
government; 
‘‘(ix) the alien has engaged in acts of 
battery or extreme cruelty upon a person 
and the person— 
‘‘(I) is a current or former 
spouse of the alien; 
‘‘(II) shares a child with the 
alien; 
‘‘(III) 
cohabitates 
or 
has 
cohabitated with the alien as a spouse; 
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‘‘(IV) is similarly situated to a 
spouse of the alien under the domestic 
or family violence laws of the jurisdic-
tion where the offense occurred; or 
‘‘(V) is protected from that 
alien’s acts under the domestic or 
family violence laws of the United 
States or of any State, tribal govern-
ment, or unit of local government; 
‘‘(x) the alien, having been convicted 
by a final judgment of a particularly seri-
ous crime, constitutes a danger to the com-
munity of the United States; 
‘‘(xi) there are serious reasons for be-
lieving that the alien has committed a seri-
ous nonpolitical crime outside the United 
States prior to the arrival of the alien in 
the United States; 
‘‘(xii) there are reasonable grounds 
for regarding the alien as a danger to the 
security of the United States; 
‘‘(xiii) the alien is described in sub-
clause (I), (II), (III), (IV), or (VI) of sec-
tion 
212(a)(3)(B)(i) 
or 
section 
237(a)(4)(B) (relating to terrorist activ-
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ity), unless, in the case only of an alien in-
admissible under subclause (IV) of section 
212(a)(3)(B)(i), the Secretary of Home-
land Security or the Attorney General de-
termines, in the Secretary’s or the Attor-
ney General’s discretion, that there are not 
reasonable grounds for regarding the alien 
as a danger to the security of the United 
States; 
‘‘(xiv) the alien was firmly resettled in 
another country prior to arriving in the 
United States; or 
‘‘(xv) there are reasonable grounds for 
concluding the alien could avoid persecu-
tion by relocating to another part of the 
alien’s country of nationality or, in the 
case of an alien having no nationality, an-
other part of the alien’s country of last ha-
bitual residence. 
‘‘(B) SPECIAL RULES.— 
‘‘(i) PARTICULARLY SERIOUS CRIME; 
SERIOUS
NONPOLITICAL
CRIME
OUTSIDE 
THE UNITED STATES.— 
‘‘(I) IN GENERAL.—For purposes 
of subparagraph (A)(x), the Attorney 
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General or Secretary of Homeland Se-
curity, in their discretion, may deter-
mine that a conviction constitutes a 
particularly serious crime based on— 
‘‘(aa) the nature of the con-
viction; 
‘‘(bb) the type of sentence 
imposed; or 
‘‘(cc) the circumstances and 
underlying facts of the convic-
tion. 
‘‘(II) DETERMINATION.—In mak-
ing a determination under subclause 
(I), the Attorney General or Secretary 
of Homeland Security may consider 
all reliable information and is not lim-
ited to facts found by the criminal 
court or provided in the underlying 
record of conviction. 
‘‘(III) TREATMENT
OF
FELO-
NIES.—In making a determination 
under subclause (I), an alien who has 
been convicted of a felony (as defined 
under this section) or an aggravated 
felony (as defined under section 
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101(a)(43)), shall be considered to 
have been convicted of a particularly 
serious crime. 
‘‘(IV) INTERPOL RED NOTICE.— 
In making a determination under sub-
paragraph (A)(xi), an Interpol Red 
Notice may constitute reliable evi-
dence that the alien has committed a 
serious nonpolitical crime outside the 
United States. 
‘‘(ii) CRIMES AND EXCEPTIONS.— 
‘‘(I) DRIVING
WHILE
INTOXI-
CATED
OR
IMPAIRED.—A 
finding 
under subparagraph (A)(vi) does not 
require the Attorney General or Sec-
retary of Homeland Security to find 
the first conviction for driving while 
intoxicated or impaired (including a 
conviction for driving while under the 
influence of or impaired by alcohol or 
drugs) as a predicate offense. The At-
torney General or Secretary of Home-
land Security need only make a fac-
tual determination that the alien pre-
viously was convicted for driving while 
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HR 2 PCS
intoxicated or impaired as those terms 
are defined under the jurisdiction 
where the conviction occurred (includ-
ing a conviction for driving while 
under the influence of or impaired by 
alcohol or drugs). 
‘‘(II) 
STALKING
AND
OTHER 
CRIMES.—In making a determination 
under subparagraph (A)(viii), includ-
ing determining the existence of a do-
mestic relationship between the alien 
and the victim, the underlying conduct 
of the crime may be considered, and 
the Attorney General or Secretary of 
Homeland Security is not limited to 
facts found by the criminal court or 
provided in the underlying record of 
conviction. 
‘‘(III) BATTERY
OR
EXTREME 
CRUELTY.—In making a determina-
tion under subparagraph (A)(ix), the 
phrase ‘battery or extreme cruelty’ in-
cludes— 
‘‘(aa) any act or threatened 
act of violence, including any 
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forceful detention, which results 
or threatens to result in physical 
or mental injury; 
‘‘(bb) psychological or sexual 
abuse or exploitation, including 
rape, 
molestation, 
incest, 
or 
forced prostitution, shall be con-
sidered acts of violence; and 
‘‘(cc) other abusive acts, in-
cluding acts that, in and of them-
selves, may not initially appear 
violent, but that are a part of an 
overall pattern of violence. 
‘‘(IV) EXCEPTION
FOR
VICTIMS 
OF
DOMESTIC
VIOLENCE.—An alien 
who was convicted of an offense de-
scribed in clause (viii) or (ix) of sub-
paragraph (A) is not ineligible for 
asylum on that basis if the alien satis-
fies 
the 
criteria 
under 
section 
237(a)(7)(A). 
‘‘(C) SPECIFIC
CIRCUMSTANCES.—Para-
graph (1) shall not apply to an alien whose 
claim is based on— 
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‘‘(i) personal animus or retribution, 
including personal animus in which the al-
leged persecutor has not targeted, or mani-
fested an animus against, other members 
of an alleged particular social group in ad-
dition to the member who has raised the 
claim at issue; 
‘‘(ii) the applicant’s generalized dis-
approval of, disagreement with, or opposi-
tion to criminal, terrorist, gang, guerilla, 
or other non-state organizations absent ex-
pressive behavior in furtherance of a dis-
crete cause against such organizations re-
lated to control of a State or expressive be-
havior that is antithetical to the State or 
a legal unit of the State; 
‘‘(iii) the applicant’s resistance to re-
cruitment or coercion by guerrilla, crimi-
nal, gang, terrorist, or other non-state or-
ganizations; 
‘‘(iv) the targeting of the applicant for 
criminal activity for financial gain based 
on wealth or affluence or perceptions of 
wealth or affluence; 
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‘‘(v) the applicant’s criminal activity; 
or 
‘‘(vi) the applicant’s perceived, past or 
present, gang affiliation. 
‘‘(D) 
DEFINITIONS
AND
CLARIFICA-
TIONS.— 
‘‘(i) DEFINITIONS.—For purposes of 
this paragraph: 
‘‘(I) FELONY.—The term ‘felony’ 
means— 
‘‘(aa) any crime defined as a 
felony by the relevant jurisdiction 
(Federal, State, tribal, or local) 
of conviction; or 
‘‘(bb) any crime punishable 
by more than one year of impris-
onment. 
‘‘(II) MISDEMEANOR.—The term 
‘misdemeanor’ means— 
‘‘(aa) any crime defined as a 
misdemeanor by the relevant ju-
risdiction (Federal, State, tribal, 
or local) of conviction; or 
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‘‘(bb) any crime not punish-
able by more than one year of 
imprisonment. 
‘‘(ii) CLARIFICATIONS.— 
‘‘(I) CONSTRUCTION.—For pur-
poses of this paragraph, whether any 
activity or conviction also may con-
stitute a basis for removal is immate-
rial to a determination of asylum eli-
gibility. 
‘‘(II) ATTEMPT, CONSPIRACY, OR 
SOLICITATION.—For purposes of this 
paragraph, all references to a criminal 
offense or criminal conviction shall be 
deemed to include any attempt, con-
spiracy, or solicitation to commit the 
offense or any other inchoate form of 
the offense. 
‘‘(III) EFFECT OF CERTAIN OR-
DERS.— 
‘‘(aa) 
IN
GENERAL.—No 
order 
vacating 
a 
conviction, 
modifying a sentence, clarifying a 
sentence, or otherwise altering a 
conviction or sentence shall have 
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any effect under this paragraph 
unless the Attorney General or 
Secretary of Homeland Security 
determines that— 
‘‘(AA) the court issuing 
the order had jurisdiction 
and authority to do so; and 
‘‘(BB) the order was 
not entered for rehabilitative 
purposes or for purposes of 
ameliorating the immigra-
tion consequences of the 
conviction or sentence. 
‘‘(bb) AMELIORATING IMMI-
GRATION
CONSEQUENCES.—For 
purposes of item (aa)(BB), the 
order shall be presumed to be for 
the purpose of ameliorating im-
migration consequences if— 
‘‘(AA) the order was 
entered after the initiation 
of any proceeding to remove 
the alien from the United 
States; or 
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‘‘(BB) the alien moved 
for the order more than one 
year after the date of the 
original order of conviction 
or sentencing, whichever is 
later. 
‘‘(cc) AUTHORITY OF IMMI-
GRATION
JUDGE.—An immigra-
tion judge is not limited to con-
sideration only of material in-
cluded in any order vacating a 
conviction, modifying a sentence, 
or clarifying a sentence to deter-
mine whether such order should 
be given any effect under this 
paragraph, but may consider 
such additional information as 
the immigration judge determines 
appropriate. 
‘‘(E) 
ADDITIONAL
LIMITATIONS.—The 
Secretary of Homeland Security or the Attorney 
General may by regulation establish additional 
limitations and conditions, consistent with this 
section, under which an alien shall be ineligible 
for asylum under paragraph (1). 
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‘‘(F) NO JUDICIAL REVIEW.—There shall 
be no judicial review of a determination of the 
Secretary of Homeland Security or the Attorney 
General under subparagraph (A)(xiii).’’. 
SEC. 105. EMPLOYMENT AUTHORIZATION. 
Paragraph (2) of section 208(d) of the Immigration 
and Nationality Act (8 U.S.C. 1158(d)) is amended to 
read as follows: 
‘‘(2) EMPLOYMENT AUTHORIZATION.— 
‘‘(A) AUTHORIZATION
PERMITTED.—An 
applicant for asylum is not entitled to employ-
ment authorization, but such authorization may 
be provided under regulation by the Secretary 
of Homeland Security. An applicant who is not 
otherwise eligible for employment authorization 
shall not be granted such authorization prior to 
the date that is 180 days after the date of filing 
of the application for asylum. 
‘‘(B) TERMINATION.—Each grant of em-
ployment authorization under subparagraph 
(A), and any renewal or extension thereof, shall 
be valid for a period of 6 months, except that 
such authorization, renewal, or extension shall 
terminate prior to the end of such 6 month pe-
riod as follows: 
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‘‘(i) Immediately following the denial 
of an asylum application by an asylum offi-
cer, unless the case is referred to an immi-
gration judge. 
‘‘(ii) 30 days after the date on which 
an immigration judge denies an asylum ap-
plication, unless the alien timely appeals to 
the Board of Immigration Appeals. 
‘‘(iii) Immediately following the denial 
by the Board of Immigration Appeals of an 
appeal of a denial of an asylum applica-
tion. 
‘‘(C) RENEWAL.—The Secretary of Home-
land Security may not grant, renew, or extend 
employment authorization to an alien if the 
alien was previously granted employment au-
thorization under subparagraph (A), and the 
employment authorization was terminated pur-
suant to a circumstance described in subpara-
graph (B)(i), (ii), or (iii), unless a Federal 
court of appeals remands the alien’s case to the 
Board of Immigration Appeals. 
‘‘(D) INELIGIBILITY.—The Secretary of 
Homeland Security may not grant employment 
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HR 2 PCS
authorization to an alien under this paragraph 
if the alien— 
‘‘(i) is ineligible for asylum under sub-
section (b)(2)(A); or 
‘‘(ii) entered or attempted to enter the 
United States at a place and time other 
than lawfully through a United States port 
of entry.’’. 
SEC. 106. ASYLUM FEES. 
Paragraph (3) of section 208(d) of the Immigration 
and Nationality Act (8 U.S.C. 1158(d)) is amended to 
read as follows: 
‘‘(3) FEES.— 
‘‘(A) APPLICATION FEE.—A fee of not less 
than $50 for each application for asylum shall 
be imposed. Such fee shall not exceed the cost 
of adjudicating the application. Such fee shall 
not apply to an unaccompanied alien child who 
files an asylum application in proceedings under 
section 240. 
‘‘(B) EMPLOYMENT
AUTHORIZATION.—A 
fee may also be imposed for the consideration 
of an application for employment authorization 
under this section and for adjustment of status 
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under section 209(b). Such a fee shall not ex-
ceed the cost of adjudicating the application. 
‘‘(C) PAYMENT.—Fees under this para-
graph may be assessed and paid over a period 
of time or by installments. 
‘‘(D) RULE OF CONSTRUCTION.—Nothing 
in this paragraph shall be construed to limit the 
authority of the Attorney General or Secretary 
of Homeland Security to set adjudication and 
naturalization fees in accordance with section 
286(m).’’. 
SEC. 107. RULES FOR DETERMINING ASYLUM ELIGIBILITY. 
Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158) is amended by adding at the end the fol-
lowing: 
‘‘(f) RULES
FOR DETERMINING ASYLUM ELIGI-
BILITY.—In making a determination under subsection 
(b)(1)(A) with respect to whether an alien is a refugee 
within the meaning of section 101(a)(42)(A), the following 
shall apply: 
‘‘(1) PARTICULAR
SOCIAL
GROUP.—The Sec-
retary of Homeland Security or the Attorney Gen-
eral shall not determine that an alien is a member 
of a particular social group unless the alien articu-
lates on the record, or provides a basis on the record 
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for determining, the definition and boundaries of the 
alleged particular social group, establishes that the 
particular social group exists independently from the 
alleged persecution, and establishes that the alien’s 
claim of membership in a particular social group 
does not involve— 
‘‘(A) past or present criminal activity or 
association (including gang membership); 
‘‘(B) presence in a country with general-
ized violence or a high crime rate; 
‘‘(C) being the subject of a recruitment ef-
fort by criminal, terrorist, or persecutory 
groups; 
‘‘(D) the targeting of the applicant for 
criminal activity for financial gain based on per-
ceptions of wealth or affluence; 
‘‘(E) interpersonal disputes of which gov-
ernmental authorities in the relevant society or 
region were unaware or uninvolved; 
‘‘(F) private criminal acts of which govern-
mental authorities in the relevant society or re-
gion were unaware or uninvolved; 
‘‘(G) past or present terrorist activity or 
association; 
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‘‘(H) past or present persecutory activity 
or association; or 
‘‘(I) status as an alien returning from the 
United States. 
‘‘(2) POLITICAL
OPINION.—The Secretary of 
Homeland Security or the Attorney General may not 
determine that an alien holds a political opinion with 
respect to which the alien is subject to persecution 
if the political opinion is constituted solely by gener-
alized disapproval of, disagreement with, or opposi-
tion to criminal, terrorist, gang, guerilla, or other 
non-state organizations and does not include expres-
sive behavior in furtherance of a cause against such 
organizations related to efforts by the State to con-
trol such organizations or behavior that is antithet-
ical to or otherwise opposes the ruling legal entity of 
the State or a unit thereof. 
‘‘(3) PERSECUTION.—The Secretary of Home-
land Security or the Attorney General may not de-
termine that an alien has been subject to persecution 
or has a well-founded fear of persecution based only 
on— 
‘‘(A) the existence of laws or government 
policies that are unenforced or infrequently en-
forced, unless there is credible evidence that 
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HR 2 PCS
such a law or policy has been or would be ap-
plied to the applicant personally; or 
‘‘(B) the conduct of rogue foreign govern-
ment officials acting outside the scope of their 
official capacity. 
‘‘(4) DISCRETIONARY DETERMINATION.— 
‘‘(A) 
ADVERSE
DISCRETIONARY
FAC-
TORS.—The Secretary of Homeland Security or 
the Attorney General may only grant asylum to 
an alien if the alien establishes that he or she 
warrants a favorable exercise of discretion. In 
making such a determination, the Attorney 
General or Secretary of Homeland Security 
shall consider, if applicable, an alien’s use of 
fraudulent documents to enter the United 
States, unless the alien arrived in the United 
States by air, sea, or land directly from the ap-
plicant’s home country without transiting 
through any other country. 
‘‘(B) FAVORABLE
EXERCISE
OF
DISCRE-
TION NOT PERMITTED.—Except as provided in 
subparagraph (C), the Attorney General or Sec-
retary of Homeland Security shall not favorably 
exercise discretion under this section for any 
alien who— 
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‘‘(i) has accrued more than one year 
of unlawful presence in the United States, 
as defined in sections 212(a)(9)(B)(ii) and 
(iii), prior to filing an application for asy-
lum; 
‘‘(ii) at the time the asylum applica-
tion is filed with the immigration court or 
is referred from the Department of Home-
land Security, has— 
‘‘(I) failed to timely file (or time-
ly file a request for an extension of 
time to file) any required Federal, 
State, or local income tax returns; 
‘‘(II) failed to satisfy any out-
standing Federal, State, or local tax 
obligations; or 
‘‘(III) income that would result 
in tax liability under section 1 of the 
Internal Revenue Code of 1986 and 
that was not reported to the Internal 
Revenue Service; 
‘‘(iii) has had two or more prior asy-
lum applications denied for any reason; 
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‘‘(iv) has withdrawn a prior asylum 
application with prejudice or been found to 
have abandoned a prior asylum application; 
‘‘(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 
removal, deportation, or exclusion and did 
not file a motion to reopen to seek asylum 
based on changed country conditions with-
in one year of the change in country condi-
tions. 
‘‘(C) EXCEPTIONS.—If one or more of the 
adverse discretionary factors set forth in sub-
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100 
HR 2 PCS
paragraph (B) are present, the Attorney Gen-
eral or the Secretary, may, notwithstanding 
such subparagraph (B), favorably exercise dis-
cretion 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 At-
torney General determines that an alien fails to sat-
isfy the requirement under paragraph (1), the alien 
may not be granted asylum based on membership in 
a particular social group, and may not appeal the 
determination of the Secretary or Attorney General, 
as applicable. A determination under this paragraph 
shall not serve as the basis for any motion to reopen 
or reconsider an application for asylum or with-
holding of removal for any reason, including a claim 
of ineffective assistance of counsel, unless the alien 
complies with the procedural requirements for such 
a motion and demonstrates that counsel’s failure to 
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101 
HR 2 PCS
define, or provide a basis for defining, a formulation 
of a particular 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 admis-
sible. 
‘‘(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. 
‘‘(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. 
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HR 2 PCS
‘‘(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 gov-
ernment 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 persecu-
tion; or 
‘‘(v) non-severe economic harm or 
property damage.’’. 
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SEC. 108. FIRM RESETTLEMENT. 
Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158), as amended by this title, is further 
amended by adding at the end the following: 
‘‘(g) FIRM RESETTLEMENT.—In determining wheth-
er 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 consid-
ered 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 ex-
cluding status of a tourist); or 
‘‘(iii) resided in such a country and 
could have applied for and obtained an im-
migration status described in clause (ii); 
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104 
HR 2 PCS
‘‘(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 
metering; or 
‘‘(C) the alien is a citizen of a country 
other than the country in which the alien al-
leges a fear of persecution, or was a citizen of 
such a country in the case of an alien who re-
nounces such citizenship, and the alien was 
present in that country 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 another country under paragraph (1), the alien 
shall bear the burden of proving the bar does not 
apply. 
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HR 2 PCS
‘‘(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 resettle-
ment 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 estab-
lishes that he or she could not have derived any per-
manent legal immigration status or any non-perma-
nent but indefinitely renewable legal immigration 
status (including asylum, refugee, or similar status, 
but excluding status of a tourist) from the alien’s 
parent.’’. 
SEC. 109. NOTICE CONCERNING FRIVOLOUS ASYLUM AP-
PLICATIONS. 
(a) IN GENERAL.—Section 208(d)(4) of the Immi-
gration and Nationality Act (8 U.S.C. 1158(d)(4)) is 
amended— 
(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 
filing a frivolous application for asylum; and’’ and 
inserting a semicolon; 
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HR 2 PCS
(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 ap-
pears on the asylum application advising the 
alien of the consequences of filing a frivolous 
application and serving as notice to the alien of 
the consequence of filing a frivolous applica-
tion.’’. 
(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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107 
HR 2 PCS
the Attorney General determines, consistent 
with subparagraph (C), that— 
‘‘(i) it is so insufficient in substance 
that it is clear that the applicant know-
ingly filed the application solely or in part 
to delay removal from the United States, 
to seek employment authorization as an 
applicant for asylum pursuant to regula-
tions issued pursuant to paragraph (2), or 
to seek issuance of a Notice to Appear in 
order to pursue Cancellation of Removal 
under section 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 implau-
sible aspects of the claim. 
‘‘(D) WITHHOLDING
OF
REMOVAL
NOT 
PRECLUDED.—For purposes of this section, a 
finding that an alien filed a frivolous asylum 
application shall not preclude the alien from 
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108 
HR 2 PCS
seeking withholding of removal under section 
241(b)(3) or protection pursuant to the Con-
vention Against Torture.’’. 
SEC. 110. 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 
‘‘Secretary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(B) in paragraph (3), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘Attor-
ney General’’ each place such term appears and 
inserting ‘‘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 
‘‘Attorney General’’; and 
(C) in paragraph (3), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(3) in subsection (d)— 
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109 
HR 2 PCS
(A) in paragraph (1), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’ each place such term ap-
pears; 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. 111. 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 Nation-
ality Act (8 U.S.C. 1229a); and 
(2) who are nationals of a Western Hemisphere 
country sanctioned by the United States, as de-
scribed in subsection (b), as of January 1, 2023. 
(b) WESTERN HEMISPHERE COUNTRY SANCTIONED 
BY THE UNITED STATES DESCRIBED.—Subsection (a) 
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110 
HR 2 PCS
shall apply only to an asylum application filed by an alien 
who is a national of a Western Hemisphere country sub-
ject 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. 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)— 
(i) in subparagraph (A)— 
(I) in clauses (i) and (ii), by 
striking ‘‘section 212(a)(6)(C)’’ in-
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HR 2 PCS
serting ‘‘subparagraph (A) or (C) of 
section 212(a)(6)’’; and 
(II) by adding at the end the fol-
lowing: 
‘‘(iv) INELIGIBILITY
FOR
PAROLE.— 
An alien described in clause (i) or (ii) shall 
not be eligible for parole except as ex-
pressly authorized pursuant to section 
212(d)(5), or for parole or release pursu-
ant to section 236(a).’’; and 
(ii) in subparagraph (B)— 
(I) in clause (ii), by striking 
‘‘asylum.’’ and inserting ‘‘asylum and 
shall not be released (including pursu-
ant to parole or release pursuant to 
section 236(a) but excluding as ex-
pressly authorized pursuant to section 
212(d)(5)) other than to be removed 
or returned to a country as described 
in paragraph (3).’’; and 
(II) in clause (iii)(IV)— 
(aa) in the header by strik-
ing ‘‘DETENTION’’ and inserting 
‘‘DETENTION, RETURN, OR
RE-
MOVAL’’; and 
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112 
HR 2 PCS
(bb) by adding at the end 
the following: ‘‘The alien shall 
not be released (including pursu-
ant to parole or release pursuant 
to section 236(a) but excluding 
as expressly authorized pursuant 
to section 212(d)(5)) other than 
to be removed or returned to a 
country as described in para-
graph (3).’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘Subject to sub-
paragraphs (B) and (C),’’ and insert-
ing ‘‘Subject to subparagraph (B) and 
paragraph (3),’’; and 
(II) by adding at the end the fol-
lowing: ‘‘The alien shall not be re-
leased (including pursuant to parole 
or release pursuant to section 236(a) 
but excluding as expressly authorized 
pursuant to section 212(d)(5)) other 
than to be removed or returned to a 
country as described in paragraph 
(3).’’; and 
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113 
HR 2 PCS
(ii) by striking subparagraph (C); 
(C) by redesignating paragraph (3) as 
paragraph (5); and 
(D) by inserting after paragraph (2) the 
following: 
‘‘(3) RETURN TO FOREIGN TERRITORY CONTIG-
UOUS TO THE UNITED STATES.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security may return to a foreign ter-
ritory contiguous 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 de-
termination under subsection (b)(1)(B)(iii)(III). 
‘‘(B) MANDATORY
RETURN.—If at any 
time the Secretary of Homeland Security can-
not— 
‘‘(i) comply with its obligations to de-
tain an alien as required under clauses (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), 
the Secretary of Homeland Security shall, with-
out exception, including pursuant to parole or 
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114 
HR 2 PCS
release pursuant to section 236(a) but exclud-
ing 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 
GENERAL.—The attorney general of a State, or 
other authorized State officer, alleging a violation of 
the detention, return, or removal requirements under 
paragraph (1), (2), or (3) that affects such State or 
its residents, may bring an action against the Sec-
retary of Homeland Security on behalf of the resi-
dents of the State in an appropriate United States 
district court to obtain appropriate injunctive re-
lief.’’; and 
(2) by adding at the end the following: 
‘‘(e) AUTHORITY TO PROHIBIT INTRODUCTION OF 
CERTAIN ALIENS.—If the Secretary of Homeland Security 
determines, in his discretion, that the prohibition of the 
introduction of aliens who are inadmissible under subpara-
graph (A) or (C) of section 212(a)(6) or under section 
212(a)(7) at an international land or maritime border of 
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115 
HR 2 PCS
the United States is necessary to achieve operational con-
trol (as defined 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 Sec-
retary determines is necessary for such purpose.’’. 
SEC. 202. 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. Immigra-
tion and Customs Enforcement detention facilities that 
were in operation on January 20, 2021, that subsequently 
closed or with respect to which the use was altered, re-
duced, or discontinued after January 20, 2021. In car-
rying out the requirement under this subsection, the Sec-
retary may use the authority 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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HR 2 PCS
(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 Se-
curity is authorized to obtain equivalent capacity for 
detention facilities at locations other than those list-
ed 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 
obtain 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 mod-
ify and operate the South Texas Family Residential 
Center in the same manner and capability it was op-
erating on January 20, 2021. 
(d) PERIODIC REPORT.—Not later than 90 days after 
the date of the enactment of this Act, and every 90 days 
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117 
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thereafter until September 30, 2027, the Secretary of 
Homeland Security shall submit to the appropriate con-
gressional committees a detailed plan for and a status re-
port 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 re-
port 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 
submitted, 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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118 
HR 2 PCS
(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 Se-
curity shall notify Congress, and include with such notifi-
cation a detailed description of the resources the Depart-
ment 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 facili-
ties reach 90 percent of capacity; 
(2) not later than 5 days after all U.S. Immi-
gration and Customs Enforcement detention facili-
ties reach 95 percent of capacity; and 
(3) not later than 5 days after all U.S. Immi-
gration and Customs Enforcement detention facili-
ties reach full capacity. 
(f) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
In this section, the term ‘‘appropriate congressional com-
mittees’’ means— 
(1) the Committee on the Judiciary of the 
House of Representatives; 
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119 
HR 2 PCS
(2) the Committee on Appropriations of the 
House of Representatives; 
(3) the Committee on the Judiciary of the Sen-
ate; and 
(4) the Committee on Appropriations of the 
Senate. 
TITLE III—PREVENTING UNCON-
TROLLED MIGRATION FLOWS 
IN 
THE 
WESTERN 
HEMI-
SPHERE 
SEC. 301. UNITED STATES POLICY REGARDING WESTERN 
HEMISPHERE COOPERATION ON IMMIGRA-
TION AND ASYLUM. 
It is the policy of the United States to enter into 
agreements, accords, and memoranda of understanding 
with countries in the Western Hemisphere, the purposes 
of which are to advance the interests of the United States 
by reducing costs associated with illegal immigration and 
to protect the human capital, societal traditions, and eco-
nomic growth of other countries in the Western Hemi-
sphere. It is further the policy of the United States to 
ensure that humanitarian and development assistance 
funding aimed at reducing illegal immigration is not ex-
pended on programs that have not proven to reduce illegal 
immigrant flows in the aggregate. 
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HR 2 PCS
SEC. 302. NEGOTIATIONS BY SECRETARY OF STATE. 
(a) AUTHORIZATION TO NEGOTIATE.—The Secretary 
of State shall seek to negotiate agreements, accords, and 
memoranda of understanding between the United States, 
Mexico, Honduras, El Salvador, Guatemala, and other 
countries in the Western Hemisphere with respect to co-
operation and burden sharing required for effective re-
gional immigration enforcement, expediting legal claims by 
aliens for asylum, and the processing, detention, and repa-
triation of foreign nationals seeking to enter the United 
States unlawfully. Such agreements shall be designed to 
facilitate a regional approach to immigration enforcement 
and shall, at a minimum, provide that— 
(1) the Government of Mexico authorize and ac-
cept the rapid entrance into Mexico of nationals of 
countries other than Mexico who seek asylum in 
Mexico, and process the asylum claims of such na-
tionals inside Mexico, in accordance with both do-
mestic law and international treaties and conven-
tions governing the processing of asylum claims; 
(2) the Government of Mexico authorize and ac-
cept both the rapid entrance into Mexico of all na-
tionals of countries other than Mexico who are ineli-
gible for asylum in Mexico and wish to apply for 
asylum in the United States, whether or not at a 
port of entry, and the continued presence of such 
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HR 2 PCS
nationals in Mexico while they wait for the adjudica-
tion of their asylum claims to conclude in the United 
States; 
(3) the Government of Mexico commit to pro-
vide the individuals described in paragraphs (1) and 
(2) with appropriate humanitarian protections; 
(4) the Government of Honduras, the Govern-
ment of El Salvador, and the Government of Guate-
mala each authorize and accept the entrance into 
the respective countries of nationals of other coun-
tries seeking asylum in the applicable such country 
and process such claims in accordance with applica-
ble domestic law and international treaties and con-
ventions governing the processing of asylum claims; 
(5) the Government of the United States com-
mit to work to accelerate the adjudication of asylum 
claims and to conclude removal proceedings in the 
wake of asylum adjudications as expeditiously as 
possible; 
(6) the Government of the United States com-
mit to continue to assist the governments of coun-
tries in the Western Hemisphere, such as the Gov-
ernment of Honduras, the Government of El Sal-
vador, and the Government of Guatemala, by sup-
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porting the enhancement of asylum capacity in those 
countries; and 
(7) the Government of the United States com-
mit to monitoring developments in hemispheric im-
migration trends and regional asylum capabilities to 
determine whether additional asylum cooperation 
agreements are warranted. 
(b) NOTIFICATION IN ACCORDANCE WITH CASE-ZA-
BLOCKI ACT.—The Secretary of State shall, in accordance 
with section 112b of title 1, United States Code, promptly 
inform the relevant congressional committees of each 
agreement entered into pursuant to subsection (a). Such 
notifications shall be submitted not later than 48 hours 
after such agreements are signed. 
(c) ALIEN DEFINED.—In this section, the term 
‘‘alien’’ has the meaning given such term in section 101 
of the Immigration and Nationality Act (8 U.S.C. 1101). 
SEC. 303. MANDATORY BRIEFINGS ON UNITED STATES EF-
FORTS TO ADDRESS THE BORDER CRISIS. 
(a) BRIEFING REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, and not less 
frequently than once every 90 days thereafter until the 
date described in subsection (b), the Secretary of State, 
or the designee of the Secretary of State, shall provide 
to the appropriate congressional committees an in-person 
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briefing on efforts undertaken pursuant to the negotiation 
authority provided by section 302 of this title to monitor, 
deter, and prevent illegal immigration to the United 
States, including by entering into agreements, accords, 
and memoranda of understanding with foreign countries 
and by using United States foreign assistance to stem the 
root causes of migration in the Western Hemisphere. 
(b) TERMINATION OF MANDATORY BRIEFING.—The 
date described in this subsection is the date on which the 
Secretary of State, in consultation with the heads of other 
relevant Federal departments and agencies, determines 
and certifies to the appropriate congressional committees 
that illegal immigration flows have subsided to a manage-
able rate. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the Committee on Foreign Af-
fairs of the House of Representatives and the Committee 
on Foreign Relations of the Senate. 
TITLE IV—ENSURING UNITED 
FAMILIES AT THE BORDER 
SEC. 401. CLARIFICATION OF STANDARDS FOR FAMILY DE-
TENTION. 
(a) IN GENERAL.—Section 235 of the William Wil-
berforce Trafficking Victims Protection Reauthorization 
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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 
presumption that an alien child who is not an unac-
companied alien child should not be detained. 
‘‘(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 
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HR 2 PCS
‘‘(B) detain the alien with the alien’s 
child.’’. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the amendments in this section to section 235 
of the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008 (8 U.S.C. 1232) are intended 
to satisfy the requirements of the Settlement Agreement 
in Flores v. Meese, No. 85–4544 (C.D. Cal), as approved 
by the court on January 28, 1997, with respect to its in-
terpretation in Flores v. Johnson, 212 F. Supp. 3d 864 
(C.D. Cal. 2015), that the agreement applies to accom-
panied minors. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to all actions that occur 
before, on, or after such date. 
(d) PREEMPTION OF STATE LICENSING REQUIRE-
MENTS.—Notwithstanding any other provision of law, ju-
dicial determination, consent decree, or settlement agree-
ment, no State may require that an immigration detention 
facility 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 chil-
dren, that is located in that State, be licensed by the State 
or any political subdivision thereof. 
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HR 2 PCS
TITLE V—PROTECTION OF 
CHILDREN 
SEC. 501. FINDINGS. 
Congress makes the following findings: 
(1) Implementation of the provisions of the 
Trafficking Victims Protection Reauthorization Act 
of 2008 that govern unaccompanied alien children 
has incentivized multiple surges of unaccompanied 
alien 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 
trafficking or a credible fear of return, but allowing 
for the release of unaccompanied alien children from 
noncontiguous 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 
unaccompanied alien children have enriched the car-
tels, who profit hundreds of millions of dollars each 
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HR 2 PCS
year by smuggling unaccompanied alien children to 
the southwest border, exploiting and sexually abus-
ing many such unaccompanied alien children on the 
perilous journey. 
(4) Prior to 2008, the number of unaccom-
panied alien children encountered at the southwest 
border never exceeded 1,000 in a single year. 
(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 un-
accompanied alien children encountered at the 
southwest 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 
unaccompanied 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 
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HR 2 PCS
from being abused by criminals or exploited for ille-
gal and dangerous child labor. 
(9) A recent New York Times investigation 
found that unaccompanied alien children are being 
exploited in the labor market and ‘‘are ending up in 
some of the most punishing jobs in the country.’’. 
(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 smuggling fees, rent, and living expenses,’’ 
feared ‘‘that they had become trapped in cir-
cumstances 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 Serv-
ices employees working under Secretary Xavier 
Becerra’s leadership penned a July 2021 memo-
randum expressing serious concern that ‘‘labor traf-
ficking was increasing’’ and that the agency had be-
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come ‘‘one that rewards individuals for making quick 
releases, and not one that rewards individuals for 
preventing unsafe releases.’’. 
(13) Despite this, Secretary Xavier Becerra 
pressured then-Director of the Office of Refugee Re-
settlement Cindy Huang to prioritize releases of un-
accompanied alien children over ensuring their safe-
ty, telling her ‘‘if she could not increase the number 
of discharges 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 discre-
tion in returning and removing unaccompanied alien 
children 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 Protec-
tion of Children Act. 
(16) This title ends the disparate policies of the 
Trafficking Victims Protection Reauthorization Act 
of 2008 by ensuring the swift return of all unaccom-
panied alien children to their country of origin if 
they are not victims of trafficking and do not have 
a fear of return. 
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SEC. 502. REPATRIATION OF UNACCOMPANIED ALIEN CHIL-
DREN. 
(a) IN GENERAL.—Section 235 of the William Wil-
berforce Trafficking Victims Protection Reauthorization 
Act of 2008 (8 U.S.C. 1232) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)— 
(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.)—’’; 
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(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— 
‘‘(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: 
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‘‘(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— 
‘‘(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 
listed in clause (i), the Secretary of Home-
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HR 2 PCS
land Security, upon determining that an 
individual with whom a child is placed is 
unlawfully 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 pro-
ceedings.’’; and 
(B) in paragraph (5)— 
(i) by inserting after ‘‘to the greatest 
extent practicable’’ the following: ‘‘(at no 
expense 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 
(as such term is defined in section 462(g) of the Home-
land Security Act of 2002 (6 U.S.C. 279(g))) apprehended 
on or after the date that is 30 days after the date of the 
enactment of this Act. 
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HR 2 PCS
SEC. 503. SPECIAL IMMIGRANT JUVENILE STATUS FOR IM-
MIGRANTS UNABLE TO REUNITE WITH EI-
THER PARENT. 
Section 101(a)(27)(J) of the Immigration and Na-
tionality 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: 
‘‘(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. 504. RULE OF CONSTRUCTION. 
Nothing in this title shall be construed to limit the 
following procedures or practices relating to an unaccom-
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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 
whether 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 VI—VISA OVERSTAYS 
PENALTIES 
SEC. 601. 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 
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(B) in paragraph (2), by inserting after 
‘‘in the case of an alien who has been previously 
subject 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 
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 
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‘‘(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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HR 2 PCS
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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141 
HR 2 PCS
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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HR 2 PCS
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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HR 2 PCS
‘‘(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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HR 2 PCS
‘‘(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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HR 2 PCS
‘‘(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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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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HR 2 PCS
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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HR 2 PCS
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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HR 2 PCS
‘‘(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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HR 2 PCS
‘‘(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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HR 2 PCS
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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HR 2 PCS
‘‘(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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154 
HR 2 PCS
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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HR 2 PCS
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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156 
HR 2 PCS
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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157 
HR 2 PCS
vided under the system to indicate a 
final nonconfirmation. If the indi-
vidual does contest the nonconfirma-
tion, the individual shall utilize the 
process for secondary verification pro-
vided under subsection (d). The non-
confirmation will remain tentative 
until a final confirmation or noncon-
firmation 
is 
provided 
by 
the 
verification system within the time pe-
riod specified. In no case shall an em-
ployer terminate employment of an in-
dividual because of a failure of the in-
dividual to have identity and work eli-
gibility confirmed under this section 
until a nonconfirmation becomes final. 
Nothing in this clause shall apply to a 
termination of employment for any 
reason other than because of such a 
failure. In no case shall an employer 
rescind the offer of employment to an 
individual because of a failure of the 
individual to have identity and work 
eligibility confirmed under this sub-
section until a nonconfirmation be-
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158 
HR 2 PCS
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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159 
HR 2 PCS
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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HR 2 PCS
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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161 
HR 2 PCS
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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162 
HR 2 PCS
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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HR 2 PCS
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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HR 2 PCS
‘‘(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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HR 2 PCS
‘‘(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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HR 2 PCS
‘‘(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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HR 2 PCS
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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HR 2 PCS
‘‘(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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HR 2 PCS
‘‘(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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HR 2 PCS
(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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HR 2 PCS
‘‘(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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HR 2 PCS
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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173 
HR 2 PCS
‘‘(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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174 
HR 2 PCS
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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175 
HR 2 PCS
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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HR 2 PCS
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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177 
HR 2 PCS
(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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178 
HR 2 PCS
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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179 
HR 2 PCS
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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HR 2 PCS
‘‘(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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HR 2 PCS
‘‘(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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HR 2 PCS
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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HR 2 PCS
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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184 
HR 2 PCS
‘‘(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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185 
HR 2 PCS
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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HR 2 PCS
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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HR 2 PCS
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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HR 2 PCS
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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HR 2 PCS
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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HR 2 PCS
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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HR 2 PCS
‘‘(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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HR 2 PCS
‘‘(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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193 
HR 2 PCS
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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HR 2 PCS
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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195 
HR 2 PCS
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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HR 2 PCS
(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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HR 2 PCS
(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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HR 2 PCS
(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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199 
HR 2 PCS
‘‘(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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HR 2 PCS
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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HR 2 PCS
‘‘(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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HR 2 PCS
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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HR 2 PCS
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. SENSE OF CONGRESS ON FURTHER IMPLEMENTA-
TION. 
It is the sense of Congress that in implementing the 
E-Verify Program, the Secretary of Homeland Security 
shall ensure any adverse impact on the Nation’s agricul-
tural workforce, operations, and food security are consid-
ered and addressed. 
SEC. 816. 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 
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that are substantially the same as such rules may not be 
issued. 
Passed the House of Representatives May 11, 2023. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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