I 
110TH CONGRESS 
1ST SESSION H. R. 2413 
To amend the Immigration and Nationality Act to provide for an increase 
in border patrol agents and other immigration enforcement activities, 
for a temporary agricultural worker program, and for a program to 
adjust the status of certain qualified long-term residents. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 21, 2007 
Mr. DANIEL E. LUNGREN of California introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
Committees on Homeland Security and Education and Labor, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend the Immigration and Nationality Act to provide 
for an increase in border patrol agents and other immi-
gration enforcement activities, for a temporary agricul-
tural worker program, and for a program to adjust the 
status of certain qualified long-term residents. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Border Security and Immigration Reform Act of 2007’’. 
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(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Increase in immigration enforcement activities. 
Sec. 3. Employment eligibility verification. 
Sec. 4. Expedited removal. 
Sec. 5. Nonimmigrant seasonal agricultural program. 
Sec. 6. Lawful status for certain long-term resident aliens. 
SEC. 2. INCREASE IN IMMIGRATION ENFORCEMENT ACTIVI-
TIES. 
(a) INCREASE IN FULL-TIME, ACTIVE-DUTY BOR-
DER PATROL AGENTS.—In each of the fiscal years 2008 
and 2009, the Secretary of Homeland Security shall, sub-
ject to the availability of appropriations for such purpose, 
increase by not less than 3,000 the number of positions 
for full-time, active-duty Border Patrol agents within the 
Department of Homeland Security above the number of 
such positions for which funds were allotted for the pre-
ceding fiscal year. 
(b) INCREASE IN PERSONNEL FOR WORKPLACE EN-
FORCEMENT.—In each of the fiscal years 2008 and 2009, 
the Secretary of Homeland Security shall, subject to the 
availability of appropriations for such purpose, increase by 
not less than 500 the number of positions for full-time 
personnel within the Department of Homeland Security 
whose duties directly relate to enforcement of the immi-
gration laws in the workplace above the number of such 
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positions for which funds were allotted for the preceding 
fiscal year. 
(c) SEMI-ANNUAL REPORTS ON USE OF ENFORCE-
MENT AUTHORITY.—The Secretary of Homeland Security 
shall submit to the Judiciary Committees of the House 
of Representatives and of the Senate a report every 6 
months on the Secretary’s use of authority to enforce the 
prohibitions against unlawful employment, including the 
number of cases in which fines or other penalties are 
sought under section 274A of the Immigration and Na-
tionality Act (8 U.S.C. 1324a) and the number of such 
cases in which any such fine or other penalty was ob-
tained. 
SEC. 3. EMPLOYMENT ELIGIBILITY VERIFICATION. 
(a) EMPLOYMENT ELIGIBILITY VERIFICATION SYS-
TEM.— 
(1) IN
GENERAL.—Subsection (b) of section 
274A of the Immigration and Nationality Act (8 
U.S.C. 1324a) is amended by adding at the end the 
following: 
‘‘(7) EMPLOYMENT ELIGIBILITY VERIFICATION 
SYSTEM.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security shall establish and admin-
ister a verification system through which the 
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Secretary (or a designee of the Secretary, which 
may be a nongovernmental entity)— 
‘‘(i) responds to inquiries made by 
persons at any time through a toll-free 
electronic media concerning an individual’s 
identity and whether the individual is au-
thorized to be employed; and 
‘‘(ii) maintains records of the inquir-
ies that were made, of verifications pro-
vided (or not provided), and of the codes 
provided to inquirers as evidence of their 
compliance with their obligations under 
this section. 
‘‘(B) INITIAL RESPONSE.—The verification 
system shall provide verification or a tentative 
nonverification of an individual’s identity and 
employment eligibility within 3 working days of 
the initial inquiry. If providing verification or 
tentative nonverification, the verification system 
shall provide an appropriate code indicating 
such verification or such nonverification. 
‘‘(C) SECONDARY VERIFICATION PROCESS 
IN CASE OF TENTATIVE NONVERIFICATION.—In 
cases of tentative nonverification, the Secretary 
shall specify, in consultation with the Commis-
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sioner of Social Security, an available secondary 
verification process to confirm the validity of in-
formation provided and to provide a final 
verification or nonverification within 10 working 
days 
after 
the 
date 
of 
the 
tentative 
nonverification. When final verification or 
nonverification is provided, the verification sys-
tem shall provide an appropriate code indicating 
such verification or nonverification. 
‘‘(D) DESIGN
AND
OPERATION
OF
SYS-
TEM.—The verification system shall be designed 
and operated— 
‘‘(i) 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; 
‘‘(ii) to respond to all inquiries made 
by such persons and entities on whether 
individuals are authorized to be employed 
and to register all times when such inquir-
ies are not received; 
‘‘(iii) with appropriate administrative, 
technical, and physical safeguards to pre-
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vent unauthorized disclosure of personal 
information; and 
‘‘(iv) to have reasonable safeguards 
against the system’s resulting in unlawful 
discriminatory practices based on national 
origin or citizenship status, including— 
‘‘(I) the selective or unauthorized 
use of the system to verify eligibility; 
‘‘(II) the use of the system prior 
to an offer of employment; or 
‘‘(III) the exclusion of certain in-
dividuals from consideration for em-
ployment as a result of a perceived 
likelihood that additional verification 
will be required, beyond what is re-
quired for most job applicants. 
‘‘(E) RESPONSIBILITIES OF THE COMMIS-
SIONER OF SOCIAL SECURITY.—As part of the 
verification system, the Commissioner of Social 
Security, in consultation with the Secretary of 
Homeland Security (and any designee of the 
Secretary selected to establish and administer 
the verification system), shall establish a reli-
able, secure method, which, within the time pe-
riods specified under subparagraphs (B) and 
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(C), compares the name and social security ac-
count number provided in an inquiry against 
such information maintained by the Commis-
sioner in order to validate (or not validate) the 
information provided regarding an individual 
whose identity and employment eligibility 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 infor-
mation 
(other 
than 
such 
verification 
or 
nonverification) except as provided for in this 
section or section 205(c)(2)(I) of the Social Se-
curity Act. 
‘‘(F) RESPONSIBILITIES
OF
THE
SEC-
RETARY OF HOMELAND SECURITY.—(i) As part 
of the verification system, the Secretary of 
Homeland Security (in consultation 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 subpara-
graphs (B) and (C), compares the name and 
alien identification or authorization number 
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which are provided in an inquiry against such 
information maintained by the Secretary in 
order to validate (or not validate) the informa-
tion provided, the correspondence of the name 
and number, and whether the alien is author-
ized to be employed in the United States. 
‘‘(ii) When a single employer has sub-
mitted to the verification system pursuant to 
subparagraph (A) the identical social security 
account number in more than one instance, or 
when multiple employers have submitted to the 
verification system pursuant to such paragraph 
the identical social security account number, in 
a manner which indicates the possible fraudu-
lent use of that number, the Secretary of 
Homeland Security shall conduct an investiga-
tion, within the time periods specified in sub-
paragraphs (B) and (C), in order to ensure that 
no fraudulent use of a social security account 
number has taken place. If the Secretary has 
selected a designee to establish and administer 
the verification system, the designee shall notify 
the Secretary when a single employer has sub-
mitted to the verification system pursuant to 
subparagraph (A) the identical social security 
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account number in more than one instance, or 
when multiple employers have submitted to the 
verification system pursuant to such paragraph 
the identical social security account number, in 
a manner which indicates the possible fraudu-
lent use of that number. The designee shall also 
provide the Secretary with all pertinent infor-
mation, including the name and address of the 
employer or employers who submitted the rel-
evant social security account number, the rel-
evant social security account number submitted 
by the employer or employers, and the relevant 
name and date of birth of the employee sub-
mitted by the employer or employers. 
‘‘(G) 
UPDATING
INFORMATION.—The 
Commissioner of Social Security and the Sec-
retary of Homeland Security shall update their 
information in a manner that promotes the 
maximum accuracy and shall provide a process 
for the prompt correction of erroneous informa-
tion, including instances in which it is brought 
to their attention in the secondary verification 
process described in subparagraph (C). 
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‘‘(H) 
LIMITATION
ON
USE
OF
THE 
VERIFICATION SYSTEM AND ANY RELATED SYS-
TEMS.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
any other provision of law, nothing in this 
paragraph shall be construed to permit or 
allow any department, bureau, or other 
agency of the United States Government to 
utilize any information, database, or other 
records assembled under this paragraph 
for any other purpose other than as pro-
vided for. 
‘‘(ii) NO
NATIONAL
IDENTIFICATION 
CARD.—Nothing in this paragraph shall be 
construed to authorize, directly or indi-
rectly, the issuance or use of national iden-
tification cards or the establishment of a 
national identification card. 
‘‘(I) FEDERAL TORT CLAIMS ACT.—If an 
individual alleges that the individual would not 
have been dismissed from a job but for an error 
of the verification mechanism, the individual 
may seek compensation only through the mech-
anism of the Federal Tort Claims Act, and in-
junctive relief to correct such error. No class 
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action may be brought under this subpara-
graph. 
‘‘(J) PROTECTION
FROM
LIABILITY
FOR 
ACTIONS TAKEN ON THE BASIS OF INFORMA-
TION.—No person or entity shall be civilly or 
criminally liable for any action taken in good 
faith reliance on information provided through 
the employment eligibility verification mecha-
nism established under this paragraph.’’. 
(2) REPEAL OF PROVISION RELATING TO EVAL-
UATIONS
AND
CHANGES
IN
EMPLOYMENT 
VERIFICATION.—Subsection (d) of such section is re-
pealed. 
(b) EMPLOYMENT ELIGIBILITY VERIFICATION PROC-
ESS.—Such section is further amended— 
(1) in subsection (a)(3), by designating the sen-
tence beginning with ‘‘A person’’ as a subparagraph 
(A) with the heading ‘‘IN GENERAL.—’’, and by add-
ing at the end the following: 
‘‘(B) FAILURE
TO
SEEK
AND
OBTAIN 
VERIFICATION.—In the case of a person or enti-
ty in the United States that hires, or continues 
to employ, an individual, or recruits or refers 
an individual for employment, the following re-
quirements apply: 
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‘‘(i) 
FAILURE
TO
SEEK 
VERIFICATION.— 
‘‘(I) IN GENERAL.—If the person 
or entity has not made an inquiry, 
under 
the 
mechanism 
established 
under 
subsection 
(b)(7), 
seeking 
verification of the identity and work 
eligibility of the individual, by not 
later than the end of 3 working days 
(as specified by the Secretary of 
Homeland Security) after the date of 
the hiring, the date specified in sub-
section (b)(8)(B) for previously hired 
individuals, or before the recruiting or 
referring 
commences, 
the 
defense 
under subparagraph (A) shall not be 
considered to apply with respect 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 
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