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REAL ID Act of 2005 (division B of such Public Law) 
are each amended by inserting ‘‘, deportation, and exclu-
sion’’ after ‘‘removal’’. 
SEC. 612. BAR TO GOOD MORAL CHARACTER. 
(a) IN GENERAL.—Section 101(f) of the Immigration 
and Nationality Act (8 U.S.C. 1101(f)) is amended— 
(1) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) one who the Secretary of Homeland Secu-
rity or the Attorney General determines, in the 
unreviewable discretion of the Secretary or the At-
torney General, to have been at any time an alien 
described in section 212(a)(3) or section 237(a)(4), 
which determination may be based upon any rel-
evant information or evidence, including classified, 
sensitive, or national security information, and which 
shall be binding upon any court regardless of the ap-
plicable standard of review;’’; 
(2) in paragraph (8), by inserting ‘‘, regardless 
whether the crime was classified as an aggravated 
felony at the time of conviction’’ after ‘‘(as defined 
in subsection (a)(43))’’; and 
(3) by striking the sentence following paragraph 
(9) and inserting the following: ‘‘The fact that any 
person is not within any of the foregoing classes
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shall not preclude a discretionary finding for other 
reasons that such a person is or was not of good 
moral character. The Secretary and the Attorney 
General shall not be limited to the applicant’s con-
duct during the period for which good moral char-
acter is required, but may take into consideration as 
a basis for determination the applicant’s conduct 
and acts at any time.’’. 
(b) AGGRAVATED FELONY EFFECTIVE DATE.—Sec-
tion 509(b) of the Immigration Act of 1990 (Public Law 
101–649), as amended by section 306(a)(7) of the Mis-
cellaneous and Technical Immigration and Naturalization 
Amendments of 1991 (Public Law 102–232) is amended 
to read as follows: 
‘‘(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on November 29, 1990, 
and shall apply to convictions occurring before, on, or 
after such date.’’. 
(c) TECHNICAL CORRECTION TO THE INTELLIGENCE 
REFORM ACT.—Effective as if included in the enactment 
of the Intelligence Reform and Terrorism Prevention Act 
of 2004 (Public Law 108–458), section 5504(2) of such 
Act is amended by striking ‘‘adding at the end’’ and in-
serting ‘‘inserting immediately after paragraph (8)’’.
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(d) EFFECTIVE DATES.—The amendments made by 
subsections (a) and (b) shall take effect on the date of 
the enactment of this Act, shall apply to any act that oc-
curred before, on, or after such date, and shall apply to 
any application for naturalization or any other benefit or 
relief or any other case or matter under the immigration 
laws pending on, or filed on or after, such date. 
SEC. 613. STRENGTHENING DEFINITIONS OF ‘‘AGGRAVATED 
FELONY’’ AND ‘‘CONVICTION’’. 
(a) IN GENERAL.—Section 101(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)) is amended— 
(1) by amending subparagraph (A) of para-
graph (43) to read as follows: 
‘‘(A) murder, manslaughter, homicide, 
rape, or any sexual abuse of a minor, whether 
or not the minority of the victim is established 
by evidence contained in the record of convic-
tion or by evidence extrinsic to the record of 
conviction;’’; and 
(2) in paragraph (48)(A), by inserting after and 
below clause (ii) the following: 
‘‘Any reversal, vacatur, expungement, or modification to 
a conviction, sentence, or conviction record that was grant-
ed to ameliorate the consequences of the conviction, sen-
tence, or conviction record, or was granted for rehabilita-
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tive purposes, or for failure to advise the alien of the immi-
gration consequences of a guilty plea or a determination 
of guilt, shall have no effect on the immigration con-
sequences resulting from the original conviction. The alien 
shall have the burden of demonstrating that the reversal, 
vacatur, expungement, or modification was not granted to 
ameliorate the consequences of the conviction, sentence, 
or conviction record, for rehabilitative purposes, or for fail-
ure to advise the alien of the immigration consequences 
of a guilty plea or a determination of guilt.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to any act that occurred before, 
on, or after the date of the enactment of this Act and 
shall apply to any matter under the immigration laws 
pending on, or filed on or after, such date. 
SEC. 614. DEPORTABILITY FOR CRIMINAL OFFENSES. 
(a) IN GENERAL.—Section 237(a)(3)(B) of the Im-
migration and Nationality Act (8 U.S.C. 1227(a)(3)(B)) 
is amended— 
(1) in clause (ii), by striking ‘‘or’’ at the end; 
(2) in clause (iii), by inserting ‘‘or’’ at the end; 
and 
(3) by inserting after clause (iii) the following 
new clause:
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‘‘(iv) of a violation of, or an attempt 
or a conspiracy to violate, subsection (a) or 
(b) of section 1425 of title 18, United 
States Code,’’. 
(b) DEPORTABILITY; CRIMINAL OFFENSES.—Section 
237(a)(2) of such Act (8 U.S.C. 1227(a)(2)), as amended 
by section 608(b), is amended by adding at the end the 
following new subparagraph: 
‘‘(G) SOCIAL SECURITY AND IDENTIFICA-
TION FRAUD.—Any alien who at any time after 
admission is convicted of a violation of (or a 
conspiracy or attempt to violate) an offense de-
scribed in section 208 of the Social Security Act 
or section 1028 of title 18, United States Code 
is deportable.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to any act that occurred before, 
on, or after the date of the enactment of this Act, and 
to all aliens who are required to establish admissibility on 
or after such date and in all removal, deportation, or ex-
clusion proceedings that are filed, pending, or reopened, 
on or after such date. 
SEC. 615. DECLARATION OF CONGRESS. 
Congress condemns rapes by smugglers along the 
international land border of the United States and urges
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in the strongest possible terms the Government of Mexico 
to work in coordination with United States Customs and 
Border Protection of the Department of Homeland Secu-
rity take immediate action to prevent such rapes from oc-
curring. 
SEC. 616. REPORT ON CRIMINAL ALIEN PROSECUTION. 
Not later than one year after the date of the enact-
ment of this Act and annually thereafter, the Attorney 
General shall submit to the Committee on the Judiciary 
of the House of Representatives and the Committee on 
the Judiciary of the Senate a report on the status of crimi-
nal alien prosecutions, including prosecutions of human 
smugglers. 
SEC. 617. DETERMINATION OF IMMIGRATION STATUS OF 
INDIVIDUALS CHARGED WITH FEDERAL OF-
FENSES. 
(a) RESPONSIBILITY
OF UNITED STATES ATTOR-
NEYS.—Beginning 2 years after the date of the enactment 
of this Act, the office of the United States attorney that 
is prosecuting a criminal case in a Federal court— 
(1) shall determine, not later than 30 days 
after filing the initial pleadings in the case, whether 
each defendant in the case is lawfully present in the 
United States (subject to subsequent legal pro-
ceedings to determine otherwise);
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(2)(A) if the defendant is determined to be an 
alien lawfully present in the United States, shall no-
tify the court in writing of the determination and 
the current status of the alien under the Immigra-
tion and Nationality Act; and 
(B) if the defendant is determined not to be 
lawfully present in the United States, shall notify 
the court in writing of the determination, the de-
fendant’s alien status, and, to the extent possible, 
the country of origin or legal residence of the de-
fendant; and 
(3) ensure that the information described in 
paragraph (2) is included in the case file and the 
criminal records system of the office of the United 
States attorney. 
The determination under paragraph (1) shall be made in 
accordance with guidelines of the Executive Office for Im-
migration Review of the Department of Justice. 
(b) RESPONSIBILITIES OF FEDERAL COURTS.— 
(1) MODIFICATIONS
OF
RECORDS
AND
CASE 
MANAGEMENTS SYSTEMS.—Not later than 2 years 
after the date of the enactment of this Act, all Fed-
eral courts that hear criminal cases, or appeals of 
criminal cases, shall modify their criminal records 
and case management systems, in accordance with
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guidelines which the Director of the Administrative 
Office of the United States Courts shall establish, so 
as to enable accurate reporting of information de-
scribed in paragraph (2) of subsection (a). 
(2) DATA ENTRIES.—Beginning 2 years after 
the date of the enactment of this Act, each Federal 
court described in paragraph (1) shall enter into its 
electronic records the information contained in each 
notification to the court under subsection (a)(2). 
(c) ANNUAL REPORT TO CONGRESS.—The Director 
of the Administrative Office of the United States Courts 
shall include, in the annual report filed with the Congress 
under section 604 of title 28, United States Code— 
(1) statistical information on criminal trials of 
aliens in the courts and criminal convictions of 
aliens in the lower courts and upheld on appeal, in-
cluding the type of crime in each case and including 
information on the legal status of the aliens; and 
(2) recommendations on whether additional 
court resources are needed to accommodate the vol-
ume of criminal cases brought against aliens in the 
Federal courts. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated for each of fiscal years 
2007 through 2012, such sums as may be necessary to
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carry out this Act. Funds appropriated pursuant to this 
subsection in any fiscal year shall remain available until 
expended. 
SEC. 618. INCREASED CRIMINAL PENALTIES FOR DOCU-
MENT FRAUD AND CRIMES OF VIOLENCE. 
(a) DOCUMENT FRAUD.—Section 1546 of title 18, 
United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘not more than 25 years’’ 
and inserting ‘‘not less than 25 years’’ 
(B) by inserting ‘‘and if the terrorism of-
fense resulted in the death of any person, shall 
be punished by death or imprisoned for life,’’ 
after ‘‘section 2331 of this title)),’’; 
(C) by striking ‘‘20 years’’ and inserting 
‘‘imprisoned not more than 40 years’’; 
(D) by striking ‘‘10 years’’ and inserting 
‘‘imprisoned not more than 20 years’’; and 
(E) by striking ‘‘15 years’’ and inserting 
‘‘imprisoned not more than 25 years’’; and 
(2) in subsection (b), by striking ‘‘5 years’’ and 
inserting ‘‘10 years’’. 
(b) CRIMES OF VIOLENCE.—
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(1) IN
GENERAL.—Title 18, United States 
Code, is amended by inserting after chapter 51 the 
following: 
‘‘CHAPTER 52—ILLEGAL ALIENS 
‘‘Sec. 
‘‘1131. Enhanced penalties for certain crimes committed by illegal aliens. 
‘‘§ 1131. Enhanced penalties for certain crimes com-
mitted by illegal aliens 
‘‘(a) Any alien unlawfully present in the United 
States, who commits, or conspires or attempts to commit, 
a crime of violence or a drug trafficking offense (as de-
fined in section 924), shall be fined under this title and 
sentenced to not less than 5 years in prison. 
‘‘(b) If an alien who violates subsection (a) was pre-
viously ordered removed under the Immigration and Na-
tionality Act (8 U.S.C. 1101 et seq.) on the grounds of 
having committed a crime, the alien shall be sentenced to 
not less than 15 years in prison. 
‘‘(c) A sentence of imprisonment imposed under this 
section shall run consecutively to any other sentence of 
imprisonment imposed for any other crime.’’. 
(2) CLERICAL
AMENDMENT.—The table of 
chapters at the beginning of part I of title 18, 
United States Code, is amended by inserting after 
the item relating to chapter 51 the following: 
‘‘52. Illegal aliens ............................................................................... 1131’’.
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SEC. 619. LAUNDERING OF MONETARY INSTRUMENTS. 
Section 1956(c)(7)(D) of title 18, United States 
Code, is amended— 
(1) by inserting ‘‘section 1590 (relating to traf-
ficking with respect to peonage, slavery, involuntary 
serviture, or forced labor),’’ after ‘‘section 1363 (re-
lating to destruction of property within the special 
maritime and territorial jurisdiction),’’; and 
(2) by inserting ‘‘section 274(a) of the Immi-
gration and Nationality Act (8 U.S.C.1324(a)) (re-
lating to bringing in and harboring certain aliens),’’ 
after ‘‘section 590 of the Tariff Act of 1930 (19 
U.S.C. 1590) (relating to aviation smuggling),’’. 
TITLE VII—EMPLOYMENT 
ELIGIBILITY VERIFICATION 
SEC. 701. EMPLOYMENT ELIGIBILITY VERIFICATION SYS-
TEM. 
(a) IN GENERAL.—Section 274A(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324a(b)) 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 
telephone line and other toll-free electronic 
media concerning an individual’s identity 
and whether the individual is authorized 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
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shall specify, in consultation with the Commis-
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 
paragraph (3)(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 
paragraph (3)(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, data base, 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.’’. 
(b) REPEAL OF PROVISION RELATING TO EVALUA-
TIONS AND CHANGES IN EMPLOYMENT VERIFICATION.— 
Section 274A(d) (8 U.S.C. 1324a(d)) is repealed. 
SEC. 702. EMPLOYMENT ELIGIBILITY VERIFICATION PROC-
ESS. 
Section 274A of the Immigration and Nationality Act 
(8 U.S.C. 1324a) is amended— 
(1) in subsection (a)(3), by inserting ‘‘(A)’’ 
after ‘‘DEFENSE.—’’, and by adding at the end the 
following: 
‘‘(B) 
FAILURE
TO
SEEK
AND
OBTAIN 
VERIFICATION.—In the case of a person or entity in 
the United States that hires, or continues to employ, 
an individual, or recruits or refers an individual for 
employment, the following requirements apply: 
‘‘(i) FAILURE TO SEEK VERIFICATION.—
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‘‘(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 subsection (b)(8)(B) for 
previously hired individuals, or before the 
recruiting or referring commences, the de-
fense under subparagraph (A) shall not be 
considered to apply with respect to any 
employment, except as provided in sub-
clause (II). 
‘‘(II) SPECIAL RULE FOR FAILURE OF 
VERIFICATION MECHANISM.—If such a per-
son 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 the
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verification mechanism registers no non-
responses 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 eligibility under such 
mechanism within the time period specified 
under subsection (b)(7)(B) after the time the 
verification inquiry was received, the defense 
under subparagraph (A) shall not be considered 
to apply with respect to any employment after 
the end of such time period.’’; 
(2) by amending subparagraph (A) of sub-
section (b)(1) to read as follows: 
‘‘(A) IN GENERAL.—The person or entity 
must attest, under penalty of perjury and on a 
form designated or established by the Secretary 
by regulation, that it has verified that the indi-
vidual is not an unauthorized alien by— 
‘‘(i) obtaining from the individual the 
individual’s social security account number 
and recording the number on the form (if 
the individual claims to have been issued 
such a number), and, if the individual does
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not attest to United States citizenship 
under paragraph (2), obtaining such iden-
tification or authorization number estab-
lished by the Department of Homeland Se-
curity for the alien as the Secretary of 
Homeland Security may specify, and re-
cording such number on the form; and 
‘‘(ii)(I) examining a document de-
scribed in subparagraph (B); or (II) exam-
ining a document described in subpara-
graph (C) and a document described in 
subparagraph (D). 
A person or entity has complied with the re-
quirement of this paragraph with respect to ex-
amination of a document if the document rea-
sonably appears on its face to be genuine, rea-
sonably appears to pertain to the individual 
whose identity and work eligibility is being 
verified, and, if the document bears an expira-
tion date, that expiration date has not elapsed. 
If an individual provides a document (or com-
bination of documents) that reasonably appears 
on its face to be genuine, reasonably appears to 
pertain to the individual whose identity and 
work eligibility is being verified, and is suffi-
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cient to meet the first sentence of this para-
graph, nothing in this paragraph shall be con-
strued as requiring the person or entity to so-
licit the production of any other document or as 
requiring the individual to produce another doc-
ument.’’; 
(3) in subsection (b)(1)(D)— 
(A) in clause (i), by striking ‘‘or such other 
personal identification information relating to 
the individual as the Attorney General finds, by 
regulation, sufficient for purposes of this sec-
tion’’; and 
(B) in clause (ii), by inserting before the 
period ‘‘and that contains a photograph of the 
individual’’; 
(4) in subsection (b)(2), by adding at the end 
the following: ‘‘The individual must also provide that 
individual’s social security account number (if the 
individual claims to have been issued such a num-
ber), and, if the individual does not attest to United 
States citizenship under this paragraph, such identi-
fication or authorization number established by the 
Department of Homeland Security for the alien as 
the Secretary may specify.’’; and
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(5) by amending paragraph (3) of subsection 
(b) to read as follows: 
‘‘(3) RETENTION OF VERIFICATION FORM AND 
VERIFICATION.— 
‘‘(A) IN
GENERAL.—After completion of 
such form in accordance with paragraphs (1) 
and (2), the person or entity must— 
‘‘(i) retain a paper, microfiche, micro-
film, or electronic version of the form and 
make it available for inspection by officers 
of the Department of Homeland Security, 
the Special Counsel for Immigration-Re-
lated Unfair Employment Practices, or the 
Department of Labor during a period be-
ginning on the date of the hiring, recruit-
ing, or referral of the individual or the 
date of the completion of verification of a 
previously hired individual and ending— 
‘‘(I) in the case of the recruiting 
or referral of an individual, three 
years after the date of the recruiting 
or referral; 
‘‘(II) in the case of the hiring of 
an individual, the later of—
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‘‘(aa) three years after the 
date of such hiring; or 
‘‘(bb) one year after the 
date the individual’s employment 
is terminated; and 
‘‘(III) 
in 
the 
case 
of 
the 
verification of a previously hired indi-
vidual, the later of— 
‘‘(aa) three years after the 
date 
of 
the 
completion 
of 
verification; or 
‘‘(bb) one year after the 
date the individual’s employment 
is terminated; 
‘‘(ii) make an inquiry, as provided in 
paragraph (7), using the verification sys-
tem to seek verification of the identity and 
employment eligibility of an 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 or in 
the case of previously hired individuals, the 
date specified in subsection (b)(8)(B), or 
before the recruiting or referring com-
mences; and
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‘‘(iii) may not commence recruitment 
or referral of the individual until the per-
son or entity receives verification under 
subparagraph (B)(i) or (B)(iii). 
‘‘(B) VERIFICATION.— 
‘‘(i) VERIFICATION RECEIVED.—If the 
person or other entity receives an appro-
priate verification of an individual’s iden-
tity 
and 
work 
eligibility 
under 
the 
verification system 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 indi-
cates a final verification of such identity 
and work eligibility of the individual. 
‘‘(ii) TENTATIVE
NONVERIFICATION 
RECEIVED.—If the person or other entity 
receives a tentative nonverification of an 
individual’s identity or work eligibility 
under the verification system within the 
time period specified, the person or entity 
shall so inform the individual for whom the 
verification is sought. If the individual does 
not contest the nonverification within the 
time period specified, the nonverification
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shall be considered final. The person or en-
tity shall then record on the form an ap-
propriate code which has been provided 
under the system to indicate a tentative 
nonverification. If the individual does con-
test the nonverification, the individual shall 
utilize 
the 
process 
for 
secondary 
verification provided under paragraph (7). 
The nonverification will remain tentative 
until a final verification or nonverification 
is provided by the verification system with-
in the time period specified. In no case 
shall an employer terminate employment of 
an individual because of a failure of the in-
dividual to have identity and work eligi-
bility confirmed under this section until a 
nonverification becomes final. Nothing in 
this clause shall apply to a termination of 
employment for any reason other than be-
cause of such a failure. 
‘‘(iii) 
FINAL
VERIFICATION
OR 
NONVERIFICATION
RECEIVED.—If a final 
verification or nonverification is provided 
by the verification system regarding an in-
dividual, the person or entity shall record
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on the form an appropriate code that is 
provided under the system and that indi-
cates a verification or nonverification of 
identity and work eligibility of the indi-
vidual. 
‘‘(iv) EXTENSION
OF
TIME.—If the 
person or other entity in good faith at-
tempts 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 
subsequent working day in which the 
verification system registers that it has re-
ceived all inquiries. If the verification sys-
tem cannot receive inquiries 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 pre-
vious sentence to apply to such an inquiry, 
and does not have to provide any addi-
tional proof concerning such inquiry. 
‘‘(v) 
CONSEQUENCES
OF 
NONVERIFICATION.—
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‘‘(I) TERMINATION OR NOTIFICA-
TION OF CONTINUED EMPLOYMENT.— 
If the person or other entity has re-
ceived a final nonverification regard-
ing an individual, the person or entity 
may terminate employment of the in-
dividual (or decline to recruit or refer 
the individual). If the person or entity 
does not terminate employment of the 
individual or proceeds to recruit or 
refer the individual, the person or en-
tity shall notify the Secretary of 
Homeland Security of such fact 
through the verification system or in 
such other manner as the Secretary 
may specify. 
‘‘(II) FAILURE
TO
NOTIFY.—If 
the person or entity fails to provide 
notice with respect to an individual as 
required under subclause (I), the fail-
ure is deemed to constitute a violation 
of subsection (a)(1)(A) with respect to 
that individual. 
‘‘(vi) 
CONTINUED
EMPLOYMENT 
AFTER
FINAL
NONVERIFICATION.—If the
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person or other entity continues to employ 
(or to recruit or refer) an individual after 
receiving final nonverification, a rebuttable 
presumption is created that the person or 
entity has violated subsection (a)(1)(A).’’. 
SEC. 
703. 
EXPANSION 
OF 
EMPLOYMENT 
ELIGIBILITY 
VERIFICATION 
SYSTEM 
TO 
PREVIOUSLY 
HIRED INDIVIDUALS AND RECRUITING AND 
REFERRING. 
(a) APPLICATION
TO
RECRUITING
AND
REFER-
RING.—Section 274A of the Immigration and Nationality 
Act (8 U.S.C. 1324a) is amended— 
(1) in subsection (a)(1)(A), by striking ‘‘for a 
fee’’; 
(2) in subsection (a)(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).’’; 
(3) in subsection (a)(2) by striking ‘‘after hir-
ing an alien for employment in accordance with 
paragraph (1),’’ and inserting ‘‘after complying with 
paragraph (1),’’; and
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(4) in subsection (a)(3), as amended by section 
702, is further amended by striking ‘‘hiring,’’ and 
inserting ‘‘hiring, employing,’’ each place it appears. 
(b) EMPLOYMENT ELIGIBILITY VERIFICATION FOR 
PREVIOUSLY HIRED INDIVIDUALS.—Section 274A(b) of 
such Act (8 U.S.C. 1324a(b)), as amended by section 
701(a), is amended by adding at the end the following new 
paragraph: 
‘‘(8) 
USE
OF
EMPLOYMENT
ELIGIBILITY 
VERIFICATION SYSTEM FOR PREVIOUSLY HIRED IN-
DIVIDUALS.— 
‘‘(A) ON A VOLUNTARY BASIS.—Beginning 
on the date that is 2 years after the date of the 
enactment 
of 
the 
Border 
Protection, 
Antiterrorism, and Illegal Immigration Control 
Act of 2005 and until the date specified in sub-
paragraph (B)(iii), a person or entity may make 
an inquiry, as provided in paragraph (7), using 
the verification system to seek verification of 
the identity and employment eligibility of any 
individual employed by the person or entity, as 
long as it is done on a nondiscriminatory basis. 
‘‘(B) ON A MANDATORY BASIS.— 
‘‘(i) A person or entity described in 
clause (ii) must make an inquiry as pro-
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vided 
in 
paragraph 
(7), 
using 
the 
verification system to seek verification of 
the identity and employment eligibility of 
all individuals employed by the person or 
entity who have not been previously subject 
to an inquiry by the person or entity by 
the date three years after the date of en-
actment 
of 
the 
Border 
Protection, 
Antiterrorism, and Illegal Immigration 
Control Act of 2005. 
‘‘(ii) A person or entity is described in 
this clause if it is a Federal, State, or local 
governmental body (including the Armed 
Forces of the United States), or if it em-
ploys individuals working in a location that 
is a Federal, State, or local government 
building, a military base, a nuclear energy 
site, a weapon site, an airport, or that con-
tains critical infrastructure (as defined in 
section 1016(e) of the Critical Infrastruc-
ture Protection Act of 2001 (42 U.S.C. 
5195c(e))), but only to the extent of such 
individuals. 
‘‘(iii) All persons and entities other 
than those described in clause (ii) must
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make an inquiry, as provided in paragraph 
(7), using the verification system to seek 
verification of the identity and employment 
eligibility of all individuals employed by the 
person or entity who have not been pre-
viously subject to an inquiry by the person 
or entity by the date six years after the 
date of enactment of the Border Protec-
tion, Antiterrorism, and Illegal Immigra-
tion Control Act of 2005.’’. 
SEC. 704. BASIC PILOT PROGRAM. 
Section 401(b) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note) is amended by striking ‘‘at the end of the 11-year 
period beginning on the first day the pilot program is in 
effect’’ and inserting ‘‘two years after the enactment of 
the Border Protection, Antiterrorism, and Illegal Immi-
gration Control Act of 2005’’. 
SEC. 705. HIRING HALLS. 
Section 274A(h) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(h)) is amended by adding at the end 
the following new paragraph: 
‘‘(4) RECRUITMENT AND REFERRAL.—As used 
in this section, the term ‘refer’ means the act of 
sending or directing a person or transmitting docu-
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mentation or information to another, directly or in-
directly, with the intent of obtaining employment in 
the United States for such person. Generally, only 
persons or entities referring for remuneration 
(whether on a retainer or contingency basis) are in-
cluded in the definition. However, labor service agen-
cies, whether public, private, for-profit, or nonprofit, 
that refer, dispatch, or otherwise facilitate the hiring 
of workers for any period of time by a third party 
are included in the definition whether or not they re-
ceive remuneration. As used in this section the term 
‘recruit’ means the act of soliciting a person, directly 
or indirectly, and referring the person to another 
with the intent of obtaining employment for that 
person. Generally, only persons or entities recruiting 
for remunerations (whether on a retainer or contin-
gency basis) are included in the definition. However, 
labor service agencies, whether public, private, for- 
profit, or nonprofit that refer, dispatch, or otherwise 
facilitate the hiring of workers for any period of 
time by a third party are included in the definition 
whether or not they receive remuneration.’’. 
SEC. 706. PENALTIES. 
Section 274A of the Immigration and Nationality Act 
(8 U.S.C. 1324a) is amended—
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(1) in subsection (e)(4)— 
(A) in subparagraph (A), in the matter be-
fore clause (i), by inserting ‘‘, subject to para-
graphs (10) through (12),’’ 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 $5,000 
and not more than $7,500’’; 
(C) in subparagraph (A)(ii), by striking 
‘‘not less than $2,000 and not more than 
$5,000’’ and inserting ‘‘not less than $10,000 
and not more than $15,000’’; 
(D) in subparagraph (A)(iii), by striking 
‘‘not less than $3,000 and not more than 
$10,000’’ and inserting ‘‘not less than $25,000 
and not more than $40,000’’; and 
(E) 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.’’; 
(2) in subsection (e)(5)— 
(A) by inserting ‘‘, subject to paragraphs 
(10) through (12),’’ after ‘‘in an amount’’;
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(B) by striking ‘‘$100’’ and inserting 
‘‘$1,000’’; 
(C) by striking ‘‘$1,000’’ and inserting 
‘‘$25,000’’; 
(D) by striking ‘‘the size of the business of 
the employer being charged, the good faith of 
the employer’’ and inserting ‘‘the good faith of 
the employer being charged’’; and 
(E) by adding at the end the following sen-
tence: ‘‘Failure by a person or entity to utilize 
the employment eligibility verification system as 
required 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).’’; 
(3) by adding at the end of subsection (e) the 
following new paragraphs: 
‘‘(10) MITIGATION OF CIVIL MONEY PENALTIES 
FOR SMALLER EMPLOYERS.—In the case of imposi-
tion of a civil penalty under paragraph (4)(A) with 
respect to a violation of subsection (a)(1)(A) or 
(a)(2) for hiring or continuation of employment by 
an employer and in the case of imposition of a civil 
penalty under paragraph (5) for a violation of sub-
section (a)(1)(B) for hiring by an employer, the dol-