164 
‘‘(7) EFFECT OF REVOCATION.—The revocation 
of a designation under paragraph (5) or (6) shall 
not affect any action or proceeding based on conduct 
committed prior to the effective date of such revoca-
tion. 
‘‘(8) USE OF DESIGNATION IN HEARING.—If a 
designation under this subsection has become effec-
tive under paragraph (2)(B) an alien in a removal 
proceeding shall not be permitted to raise any ques-
tion concerning the validity of the issuance of such 
designation as a defense or an objection at any hear-
ing. 
‘‘(b) JUDICIAL REVIEW OF DESIGNATION.— 
‘‘(1) IN
GENERAL.—Not later than 30 days 
after publication of the designation in the Federal 
Register, a group or association designated as a 
criminal street gang may seek judicial review of the 
designation in the United States Court of Appeals 
for the District of Columbia Circuit. 
‘‘(2) BASIS
OF
REVIEW.—Review under this 
subsection shall be based solely upon the administra-
tive record. 
‘‘(3) SCOPE OF REVIEW.—The Court shall hold 
unlawful and set aside a designation the court finds 
to be— 
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‘‘(A) arbitrary, capricious, an abuse of dis-
cretion, or otherwise not in accordance with 
law; 
‘‘(B) contrary to constitutional right, 
power, privilege, or immunity; 
‘‘(C) in excess of statutory jurisdiction, au-
thority, or limitation, or short of statutory 
right; 
‘‘(D) lacking substantial support in the ad-
ministrative record taken as a whole; or 
‘‘(E) not in accord with the procedures re-
quired by law. 
‘‘(4) JUDICIAL REVIEW INVOKED.—The pend-
ency of an action for judicial review of a designation 
shall not affect the application of this section, unless 
the court issues a final order setting aside the des-
ignation. 
‘‘(c) RELEVANT COMMITTEE DEFINED.—As used in 
this section, the term ‘relevant committees’ means the 
Committees on the Judiciary of the House of Representa-
tives and of the Senate.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act (8 U.S.C. 1101 et seq.) is amend-
ed by inserting after the item relating to section 219 
the following: 
‘‘Sec. 219A. Designation of criminal street gangs.’’. 
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(d) MANDATORY DETENTION OF CRIMINAL STREET 
GANG MEMBERS.— 
(1) IN GENERAL.—Section 236(c)(1)(D) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1226(c)(1)(D)) is amended— 
(A) by inserting ‘‘or 212(a)(2)(M)’’ after 
‘‘212(a)(3)(B)’’; and 
(B) by inserting ‘‘237(a)(2)(F) or’’ before 
‘‘237(a)(4)(B)’’. 
(2) ANNUAL REPORT.—Not later than March 1 
of each year (beginning 1 year after the date of the 
enactment of this Act), the Secretary of Homeland 
Security, after consultation with the appropriate 
Federal agencies, shall submit a report to the Com-
mittees on the Judiciary of the House of Represent-
atives and of the Senate on the number of aliens de-
tained under the amendments made by paragraph 
(1). 
(3) EFFECTIVE DATE.—This subsection and the 
amendments made by this subsection are effective as 
of the date of enactment of this Act and shall apply 
to aliens detained on or after such date. 
(e) INELIGIBILITY OF ALIEN STREET GANG MEM-
BERS FROM PROTECTION FROM REMOVAL
AND ASY-
LUM.— 
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(1) INAPPLICABILITY OF RESTRICTION ON RE-
MOVAL
TO
CERTAIN
COUNTRIES.—Section 
241(b)(3)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 
matter preceding clause (i), by inserting ‘‘who is de-
scribed 
in 
section 
212(a)(2)(M)(i) 
or 
section 
237(a)(2)(F)(i) or who is’’ after ‘‘to an alien’’. 
(2) 
INELIGIBILITY
FOR
ASYLUM.—Section 
208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 
is amended— 
(A) in clause (v), by striking ‘‘or’’ at the 
end; 
(B) by redesignating clause (vi) as clause 
(vii); and 
(C) by inserting after clause (v) the fol-
lowing: 
‘‘(vi) the alien is described in section 
212(a)(2)(M)(i) or section 237(a)(2)(F)(i) 
(relating to participation in criminal street 
gangs); or’’. 
(3) DENIAL OF REVIEW OF DETERMINATION OF 
INELIGIBILITY
FOR
TEMPORARY
PROTECTED
STA-
TUS.—Section 244(c)(2) of such Act (8 U.S.C. 
1254(c)(2)) is amended by adding at the end the fol-
lowing: 
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‘‘(C) LIMITATION ON JUDICIAL REVIEW.— 
There shall be no judicial review of any finding 
under subparagraph (B) that an alien is in de-
scribed in section 208(b)(2)(A)(vi).’’. 
(4) EFFECTIVE DATE.—The amendments made 
by this subsection are effective on the date of enact-
ment of this Act and shall apply to all applications 
pending on or after such date. 
(f) EFFECTIVE DATE.—Except as otherwise pro-
vided, the amendments made by this section are effective 
as of the date of enactment and shall apply to all pending 
cases in which no final administrative action has been en-
tered. 
SEC. 609. NATURALIZATION REFORM. 
(a) BARRING
TERRORISTS
FROM
NATURALIZA-
TION.—Section 316 of the Immigration and Nationality 
Act (8 U.S.C. 1427) is amended by adding at the end the 
following new subsection: 
‘‘(g) No person shall be naturalized who the Sec-
retary of Homeland Security determines, in the Sec-
retary’s discretion, to have been at any time an alien de-
scribed in section 212(a)(3) or 237(a)(4). Such determina-
tion may be based upon any relevant information or evi-
dence, including classified, sensitive, or national security 
information, and shall be binding upon, and unreviewable 
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if there is any administrative or judicial proceeding 
(whether civil or criminal) pending against the petitioner 
that could (whether directly or indirectly) result in the pe-
titioner’s denaturalization or the loss of the petitioner’s 
lawful permanent resident status.’’. 
(d) CONDITIONAL PERMANENT RESIDENTS.—Sec-
tion 216(e) and section 216A(e) of such Act (8 U.S.C. 
1186a(e), 1186b(e)) are each amended by inserting before 
the period at the end the following: ‘‘, if the alien has had 
the conditional basis removed under this section’’. 
(e) DISTRICT COURT JURISDICTION.—Section 336(b) 
of such Act (8 U.S.C. 1447(b)) is amended to read as 
follows: 
‘‘(b) If there is a failure to render a final administra-
tive decision under section 335 before the end of the 180- 
day period after the date on which the Secretary of Home-
land Security completes all examinations and interviews 
conducted under such section, as such terms are defined 
by the Secretary pursuant to regulations, the applicant 
may apply to the district court for the district in which 
the applicant resides for a hearing on the matter. Such 
court shall only have jurisdiction to review the basis for 
delay and remand the matter to the Secretary for the Sec-
retary’s determination on the application.’’. 
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171 
(f) CONFORMING AMENDMENTS.—Section 310(c) of 
such Act (8 U.S.C. 1421(c)) is amended— 
(1) by inserting ‘‘, no later than the date that 
is 120 days after the Secretary’s final determina-
tion’’ before ‘‘seek’’; and 
(2) by striking the second sentence and insert-
ing the following: ‘‘The burden shall be upon the pe-
titioner to show that the Secretary’s denial of the 
application was not supported by facially legitimate 
and bona fide reasons. Except in a proceeding under 
section 340, notwithstanding any other provision of 
law (statutory or nonstatutory), including section 
2241 of title 28, United States Code, or any other 
habeas corpus provision, and sections 1361 and 
1651 of such title, no court shall have jurisdiction 
to determine, or to review a determination of the 
Secretary made at any time regarding, for purposes 
of an application for naturalization, whether an alien 
is a person of good moral character, whether an 
alien understands and is attached to the principles 
of the Constitution of the United States, or whether 
an alien is well disposed to the good order and hap-
piness of the United States.’’. 
(g) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
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172 
of this Act, shall apply to any act that occurred before, 
on, or after such date, and shall apply to any application 
for naturalization or any other case or matter under the 
immigration laws pending on, or filed on or after, such 
date. 
SEC. 610. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE 
ON CRIMINAL OR SECURITY GROUNDS. 
(a) IN GENERAL.—Section 238(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1228(b)) is amended– 
(1) in paragraph (1)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary of Homeland Security in the 
exercise of discretion’’; and 
(B) by striking ‘‘set forth in this sub-
section or’’ and inserting ‘‘set forth in this sub-
section, in lieu of removal proceedings under’’; 
(2) in paragraph (3), by striking ‘‘paragraph 
(1) until 14 calendar days’’ and inserting ‘‘para-
graph (1) or (3) until 7 calendar days’’; 
(3) by striking ‘‘Attorney General’’ each place 
it appears in paragraphs (3) and (4) and inserting 
‘‘Secretary of Homeland Security’’; 
(4) in paragraph (5)— 
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173 
(A) by striking ‘‘described in this section’’ 
and inserting ‘‘described in paragraph (1) or 
(2)’’; and 
(B) by striking ‘‘the Attorney General may 
grant in the Attorney General’s discretion’’ and 
inserting ‘‘the Secretary of Homeland Security 
or the Attorney General may grant, in the dis-
cretion of the Secretary or Attorney General, in 
any proceeding’’; 
(5) by redesignating paragraphs (3), (4), and 
(5) as paragraphs (4), (5), and (6), respectively; and 
(6) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) The Secretary of Homeland Security in 
the exercise of discretion may determine inadmis-
sibility under section 212(a)(2) (relating to criminal 
offenses) and issue an order of removal pursuant to 
the procedures set forth in this subsection, in lieu of 
removal proceedings under section 240, with respect 
to an alien who— 
‘‘(A) has not been admitted or paroled; 
‘‘(B) has not been found to have a credible 
fear of persecution pursuant to the procedures 
set forth in section 235(b)(1)(B); and 
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‘‘(C) is not eligible for a waiver of inadmis-
sibility or relief from removal.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act but shall not apply to aliens who are 
in removal proceedings under section 240 of the Immigra-
tion and Nationality Act as of such date. 
SEC. 611. TECHNICAL CORRECTION FOR EFFECTIVE DATE 
IN CHANGE IN INADMISSIBILITY FOR TER-
RORISTS UNDER REAL ID ACT. 
Effective as if included in the enactment of Public 
Law 109–13, sections 103(d)(1) and 105(a)(2)(A) of the 
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), 
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175 
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 
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 
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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)’’. 
(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: 
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‘‘(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 modi-
fication to a conviction, sentence, or conviction 
record that was granted to ameliorate the con-
sequences of the conviction, sentence, or convic-
tion record, or was granted for rehabilitative 
purposes, or for failure to advise the alien of 
the immigration consequences of a guilty plea 
or a determination of guilt, shall have no effect 
on the immigration consequences 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 failure to advise 
the alien of the immigration consequences of a 
guilty plea or a determination of guilt.’’. 
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(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: 
‘‘(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 
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179 
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 
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-
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180 
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); 
(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 
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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 
2009 through 2014, such sums as may be necessary to 
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’’; 
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(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.— 
(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. 
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‘‘(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’’. 
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),’’. 
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TITLE VII—EMPLOYMENT 
ELIGIBILITY VERIFICATION 
Subtitle A—Employment Eligibility 
Verification System 
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 
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 
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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-
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. 
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‘‘(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-
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 
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‘‘(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 
(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 
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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 
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 
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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 
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-
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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). 
‘‘(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. 
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192 
‘‘(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 
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. 
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193 
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.— 
‘‘(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 
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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 
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 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 
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time period specified under subsection 
(b)(7)(B) 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.’’; 
(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 
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 
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196 
‘‘(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-
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)— 
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197 
(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 
(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— 
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198 
‘‘(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— 
‘‘(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— 
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199 
‘‘(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 
‘‘(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-
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200 
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 
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). 
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205 
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 Enforcement, Employ-
ment Verification, and Illegal Immigration Con-
trol Actand until the date specified in subpara-
graph (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 indi-
vidual 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-
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 
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206 
the date three years after the date of en-
actment of the Border Enforcement, Em-
ployment Verification, and Illegal Immigra-
tion Control Act. 
‘‘(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 
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 
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207 
or entity by the date six years after the 
date of enactment of the Border Enforce-
ment, Employment Verification, and Illegal 
Immigration Control Act.’’. 
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 Enforcement, Employment Verification, and 
Illegal Immigration Control Act’’. 
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-
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-
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208 
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— 
(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’’; 
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209 
(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’’; 
(B) by striking ‘‘$100’’ and inserting 
‘‘$1,000’’; 
(C) by striking ‘‘$1,000’’ and inserting 
‘‘$25,000’’; 
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222 
verification system established under section 315, the per-
son or entity shall notify the individual in writing within 
1 business day of such receipt. In such notice, the person 
or entity shall advise the individual that the burden is on 
the individual to resolve any error in the verification mech-
anism not later than 30 days after the date on which the 
notice is issued. Such notice shall also state that the per-
son or entity shall be required to verify once again the 
individual’s 
employment 
authorization 
and 
identity 
through the verification system established under section 
315, and to terminate any employment in the United 
States, and any recruitment, hiring, or referral for em-
ployment in the United States, of the individual, if a final 
nonverification is received. 
(b) ADDITIONAL VERIFICATION.—A person or entity 
that has issued a notice under subsection (a) shall, within 
33 business days of such issuance, verify once again the 
individual’s 
employment 
authorization 
and 
identity 
through the verification system established under section 
314. Sections 316 and 317 shall apply to such final 
verification in the same manner as such sections applied 
to the initial verification. 
SEC. 729. FINAL VERIFICATION. 
(a) Within 7 days of receiving final nonverification 
for an individual, the person or entity issued a notice 
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