I 
118TH CONGRESS 
2D SESSION H. R. 10415 
To amend the Immigration and Nationality Act to provide that employment 
authorization is only available to aliens who are lawfully present in 
the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 16, 2024 
Mr. ARRINGTON introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Energy 
and Commerce, Ways and Means, Education and the Workforce, Trans-
portation and Infrastructure, and Oversight and Accountability, 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 
that employment authorization is only available to aliens 
who are lawfully present in the United States, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Tough Love Act’’. 
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SEC. 2. RESERVING EMPLOYMENT AUTHORIZATION FOR 
LAWFULLY PRESENT ALIENS. 
(a) IN GENERAL.—Title I of the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.) is amended by 
adding at the end the following: 
‘‘SEC. 107. RESERVING EMPLOYMENT AUTHORIZATION FOR 
LAWFULLY PRESENT ALIENS. 
‘‘(a) IN GENERAL.—The Secretary of Homeland Se-
curity shall only authorize any ‘employment authorized’ 
endorsement or other appropriate work permit for any 
alien who— 
‘‘(1) has been admitted to the United States 
and has lawful immigration status in the United 
States; 
‘‘(2) entered the United States at a port of 
entry; and 
‘‘(3) has not been issued an order of removal 
from an immigration judge or been otherwise or-
dered removed from the United States by any other 
Federal official. 
‘‘(b) NO WAIVER AUTHORITY.—The Secretary of 
Homeland Security shall not have the authority to waive 
the limitations established by subsection (a).’’. 
(b) LIMITATION ON EMPLOYMENT AUTHORIZATION 
AUTHORITY.—Section 241(a)(7) of the Immigration and 
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Nationality Act (8 U.S.C. 1231(a)(7)) is amended to read 
as follows: 
‘‘(7) IN GENERAL.—The Secretary of Homeland 
Security shall not authorize any ‘employment au-
thorized’ endorsement or other appropriate work 
permit for any alien who— 
‘‘(A) does not have lawful immigration sta-
tus in the United States; 
‘‘(B) has been issued a removal order from 
an immigration judge or been otherwise ordered 
removed from the United States by any other 
Federal official; 
‘‘(C) has not been granted asylum by an 
immigration judge; or 
‘‘(D) has had his or her asylum application 
denied by an immigration judge. 
The Secretary of Homeland Security shall not have 
the authority to waive the limitations established 
under this paragraph.’’. 
(c) NO EMPLOYMENT AUTHORIZATION DOCUMENTA-
TION FOR TRAVEL.—Regardless of immigration status of 
an alien, no ‘employment authorized’ endorsement or 
other appropriate work permit shall be accepted by the 
Federal Aviation Administration or Transportation Secu-
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rity Administration for the purposes of identification or 
travel. 
(d) CLERICAL AMENDMENT.—The table of contents 
of the Immigration and Nationality Act is amended by in-
serting after the item related to section 107 the following: 
‘‘107. Reserving employment authorization for lawfully present aliens.’’. 
SEC. 3. MANDATORY DETENTION FOR ALIENS ORDERED 
REMOVED. 
Section 241(a) of the Immigration and Nationality 
Act (8 U.S.C. 1231(a)) is amended— 
(1) in paragraph (1)(C), by striking ‘‘the alien 
may remain in detention’’ and inserting ‘‘the alien 
shall remain in detention’’; and 
(2) by repealing paragraph (3). 
SEC. 4. RESTRICTION ON PROVIDING MEDICAL CARE TO 
ALIENS 
WITHOUT 
LAWFUL 
IMMIGRATION 
STATUS. 
(a) IN GENERAL.—Beginning in the first fiscal year 
that begins after the date of enactment of this Act, in 
order to be eligible for Medicare or Medicaid funding, or 
other health care related Federal funding (or any Federal 
grant), a State shall— 
(1) not provide non-emergency or chronic condi-
tion medical treatment to an alien without lawful 
immigration status in the United States; and 
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(2) report to Congress, on an annual basis, the 
cost of providing emergency medical care to aliens 
without lawful immigration status in that State. 
(b) IMPACT ON FEDERAL FUNDING.—If a State can-
not demonstrate its compliance with subsection (a) before 
the date that is 6 months after the date of enactment of 
this Act, the President shall instruct all agency heads to, 
within 30 days of the notification by the President, cease 
the disbursal of all Federal funding to that State. 
(c) STATEMENT REGARDING MEDICAL TREATMENT 
FOR ALIENS NOT LAWFULLY PRESENT.—Nothing in this 
section shall be construed to prohibit or discourage any 
type of medical treatment of any alien who is not lawfully 
present in the United States, except that such treatment 
shall be fully funded by the State that provides such treat-
ment, and no Medicare, Medicaid, or other health care re-
lated Federal funding, or any Federal grant, may be used 
for such treatment. 
SEC. 5. RESTRICTION ON PROVIDING EDUCATION TO 
ALIENS 
WITHOUT 
LAWFUL 
IMMIGRATION 
STATUS. 
(a) ELEMENTARY AND SECONDARY EDUCATION.— 
Beginning in the first fiscal year that begins after the date 
of enactment of this Act, in order to be eligible for any 
Federal grant that provides any funding for elementary 
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or secondary education, a State or local education agency 
or school district shall be required to demonstrate that it 
does not offer or provide any educational services to any 
alien who does not have lawful immigration status in the 
United States. 
(b) STATE UNDERGRADUATE AND GRADUATE EDU-
CATION.—Beginning in the first fiscal year that begins 
after the date of enactment of this Act, in order to be 
eligible for any Federal grant that provides any funding 
for undergraduate or graduate education or Federal loan 
or scholarship support for attending students, a State col-
lege or university shall be required to demonstrate that 
it does not offer or provide any educational services to any 
alien who does not have lawful immigration status in the 
United States. 
(c) PRIVATE
UNDERGRADUATE
AND
GRADUATE 
EDUCATION.—Beginning in the first fiscal year that be-
gins after the date of enactment of this Act, in order to 
be eligible for any Federal grant that provides any funding 
for undergraduate or graduate education or Federal loan 
or scholarship support for attending students, a private 
college or university shall be required to demonstrate that 
it does not offer or provide any educational services to any 
alien who does not have lawful immigration status in the 
United States. 
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and may not create any limitations on, or waive any of 
the requirements of, this section. 
(c) EFFECTIVE DATE.—The effective date of this sec-
tion will be 180 days after the effective date of this Act. 
SEC. 7. AUTHORIZATION AND FUNDING FOR E-VERIFY. 
(a) IN GENERAL.—There is authorized to be appro-
priated $120,000,000 for each of fiscal years 2024 
through 2028 to carry out the E–Verify employment au-
thorization program established under section 403 of the 
Illegal Immigration Reform and Immigration Responsi-
bility Act of 1996 (8 U.S.C. 1324a) (E–Verify). 
(b) PREREQUISITE
FOR
FEDERAL
AND
STATE 
GRANT FUNDING.—No individual or entity shall be eligi-
ble for any Federal or State grant funding unless they 
are both registered for E–Verify and using E–Verify in 
an effective and non-evasive manner. 
(c) EFFECTIVE DATE.—The effective date of this sec-
tion will be October 1 of the first fiscal year to commence 
after the effective date of this Act. 
SEC. 8. VISA OVERSTAY BONDS AND PENALTIES. 
(a) NONIMMIGRANT BOND REQUIREMENT.— 
(1) IN GENERAL.—An alien seeking lawful pres-
ence in the United States as a nonimmigrant who is 
not a national of a Visa Waiver Program participant 
country shall be required to pay a bond or cash pay-
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ment of no less than $10,000 and no more than 
$25,000 to ensure the alien complies with the dura-
tion of stay authorized by his or her visa. 
(2) AUTOMATIC
AND
NON-APPEALABLE
FOR-
FEITURE.—The bond or cash payment required by 
this subsection shall be forfeited without the possi-
bility of appeal or review if the alien fails to leave 
by the first day after authorized stay by midnight. 
(3) OFFSETTING ACCOUNT.—The forfeited bond 
or cash payment required by this subsection shall be 
deposited in an offsetting account under the jurisdic-
tion of the Secretary of Homeland Security and 
called the ‘‘Immigration Detention and Enforcement 
Account’’, and the funds deposited in the account 
shall be used solely for the purposes of funding alien 
detention facilities and international transportation 
for aliens being removed from the United States. 
(b) IMMIGRATION PENALTY.—A nonimmigrant alien 
who remains in the United States after midnight Eastern 
time on the first day after the authorized duration of stay 
permitted by the nonimmigrant alien’s visa and has his 
or her bond or cash payment forfeited as described in sub-
section (a) shall, upon such forfeiture, be forthwith re-
moved from the United States, and subsequently ineligible 
for any lawful immigration status or adjustment of status 
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for 5 years subsequent to his or her failure to comply with 
the duration of stay authorized by his or her visa. 
(c) REGULATIONS.— 
(1) SECRETARY
OF
HOMELAND
SECURITY.— 
The Secretary of Homeland Security shall only be 
authorized to engage in rulemaking to develop proce-
dures for collection and retention of bonds and cash 
payments and notification to the Attorney General 
regarding an alien’s failure to comply with the dura-
tion of stay authorized by his or her visa, and shall 
not be authorized to engage in rulemaking to waive 
or nullify any of the requirements of this section. 
(2) ATTORNEY GENERAL.—The Attorney Gen-
eral shall only be authorized to engage in rule-
making to develop appropriate procedures for enforc-
ing the civil and criminal penalties against aliens 
who violate the requirements of this section, and 
shall not be authorized to engage in rulemaking to 
waive or nullify any of the requirements of this sec-
tion. 
(d) EFFECTIVE DATE.—The effective date of this 
section shall be 30 days after the date of enactment of 
this Act. 
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SEC. 9. SUPPORT OF SOVEREIGN STATES’ AUTHORITY AND 
DISCRETION TO ENSURE CITIZEN BENEFIT 
FROM FEDERAL SPENDING. 
(a) IN GENERAL.—Each State shall have the discre-
tion to ensure that any Federal funding provided to the 
State shall be provided only to United States citizens and 
aliens who are lawfully present in the United States, and 
shall be withheld from aliens who are unlawfully present 
in the United States in any manner approved by the State. 
(b) EFFECTIVE DATE.—This section shall take effect 
immediately upon the enactment of this Act. 
SEC. 10. CLARIFICATION. 
For the purposes of this Act, an alien who has been 
paroled into the United States pursuant to section 212(d) 
of the Immigration and Nationality Act (8 U.S.C. 
1182(d)) is not lawfully present in the United States, and 
does not have lawful immigration status in the United 
States. 
Æ 
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