I 
119TH CONGRESS 
1ST SESSION H. R. 4393 
To secure the border and reform the immigration laws. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 15, 2025 
Ms. SALAZAR (for herself, Ms. ESCOBAR, Mr. LAWLER, Mr. ESPAILLAT, Mr. 
VALADAO, Ms. SCHOLTEN, Mr. NEWHOUSE, Ms. LEE of Nevada, Mr. 
KELLY of Pennsylvania, Mr. GRAY, Mr. FITZPATRICK, Mr. CARBAJAL, 
Mr. EVANS of Colorado, Mr. LEVIN, Mr. STUTZMAN, Ms. BUDZINSKI, 
Mr. BACON, Ms. GILLEN, Mrs. KIM, Mr. AUCHINCLOSS, Mr. DIAZ- 
BALART, and Mrs. TRAHAN) introduced the following bill; which was re-
ferred to the Committee on the Judiciary, and in addition to the Commit-
tees on Homeland Security, Ways and Means, Transportation and Infra-
structure, Education and Workforce, Oversight and Government Reform, 
and Armed Services, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To secure the border and reform the immigration laws. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Dignity for Immigrants while Guarding our Nation to Ig-
nite and Deliver the American Dream Act of 2025’’ or 
as the ‘‘DIGNIDAD (Dignity) Act of 2025’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
DIVISION A—BORDER SECURITY FOR AMERICA 
TITLE I—BORDER SECURITY 
Sec. 1111. Strengthening the requirements for barriers along the southern bor-
der. 
Sec. 1112. Air and Marine Operations flight hours. 
Sec. 1113. Landowner and rancher security enhancement. 
Sec. 1114. Southern border threat analysis, Border Patrol strategic plan, and 
Northern Border Threat Analysis. 
Sec. 1115. Agent and officer technology use. 
Sec. 1116. Report on standards and guidelines for managing ports of entry 
under the control of the department of homeland security. 
Sec. 1117. Stakeholder and community engagement. 
Sec. 1118. Training for officers and agents of U.S. Customs and Border Pro-
tection. 
Sec. 1119. U.S. border patrol processing coordinator positions. 
Sec. 1120. Establishment of higher minimum rates of pay for United States 
border patrol agents. 
Sec. 1121. Body Worn Camera Pilot Program Authorization. 
Sec. 1122. Protecting sensitive locations. 
TITLE II—BORDER AND PORTS OF ENTRY INFRASTRUCTURE 
FUNDING 
Sec. 1201. Ports of entry infrastructure. 
Sec. 1202. Sense of Congress on cooperation between agencies. 
Sec. 1203. Authorization of appropriations. 
Sec. 1204. Funding matters. 
TITLE III—CRIMINAL ENFORCEMENT PROVISIONS 
Sec. 1301. Illicit spotting. 
Sec. 1302. Unlawfully hindering immigration, border, and customs controls. 
Sec. 1303. Report on smuggling. 
Sec. 1304. Illegal reentry. 
Sec. 1305. Mandatory minimum penalty for child sex trafficking. 
Sec. 1306. Visa ineligibility for spouses and children of drug traffickers. 
Sec. 1307. DNA testing and collection consistent with Federal law. 
Sec. 1308. Increased penalty for voting by aliens. 
TITLE IV—MANDATORY E-VERIFY 
Sec. 1401. Short title. 
Sec. 1402. Employment eligibility verification process. 
Sec. 1403. Employment eligibility verification system. 
Sec. 1404. Recruitment, referral, and continuation of employment. 
Sec. 1405. Good faith defense. 
Sec. 1406. Preemption and States’ Rights. 
Sec. 1407. Repeal. 
Sec. 1408. Penalties. 
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Sec. 1409. Fraud and misuse of documents. 
Sec. 1410. Protection of Social Security Administration programs. 
Sec. 1411. Fraud prevention. 
Sec. 1412. Use of Employment Eligibility Verification Photo Tool. 
Sec. 1413. Identity authentication employment eligibility verification pilot pro-
grams. 
Sec. 1414. Inspector General audits. 
TITLE V—ASYLUM REFORM 
Sec. 1501. Humanitarian campuses. 
Sec. 1502. Expedited Asylum Determinations. 
Sec. 1503. Screening and processing in Western hemisphere. 
Sec. 1504. Recording expedited removal and credible fear interviews. 
Sec. 1505. Renunciation of asylum status pursuant to return to home country. 
Sec. 1506. Notice concerning frivolous asylum applications. 
Sec. 1507. Anti-fraud investigative work product. 
Sec. 1508. Penalties for asylum fraud. 
Sec. 1509. Statute of limitations for asylum fraud. 
Sec. 1510. Standard operating procedures; facilities standards. 
Sec. 1511. Criminal background checks for sponsors of unaccompanied alien 
children. 
Sec. 1512. Fraud in connection with the transfer of custody of unaccompanied 
alien children. 
Sec. 1513. Hiring authority. 
Sec. 1514. Humanitarian status. 
Sec. 1515. Two strike policy. 
Sec. 1516. Loan forgiveness for legal service providers at humanitarian cam-
puses. 
DIVISION B—DIGNITY AND AMERICAN DREAM 
TITLE I—DREAM ACT 
Sec. 2101. Short title. 
Sec. 2102. Permanent resident status on a conditional basis for certain long- 
term residents who entered the United States as children. 
Sec. 2103. Terms of permanent resident status on a conditional basis. 
Sec. 2104. Removal of conditional basis of permanent resident status. 
TITLE II—GENERAL PROVISIONS 
Sec. 2201. Definitions. 
Sec. 2202. Submission of biometric and biographic data; background checks. 
Sec. 2203. Limitation on removal and other conditions on eligible individuals. 
Sec. 2204. Determination of continuous presence and residence. 
Sec. 2205. Exemption from numerical limitations. 
Sec. 2206. Availability of administrative and judicial review. 
Sec. 2207. Documentation requirements. 
Sec. 2208. Confidentiality of information. 
Sec. 2209. Provisions affecting eligibility for adjustment of status. 
TITLE III—DIGNITY PROGRAM 
Sec. 2301. Establishment. 
Sec. 2302. Eligibility. 
Sec. 2303. Registration; departure. 
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Sec. 2304. Program participation. 
Sec. 2305. Completion. 
TITLE IV—CONTRIBUTION TO AMERICAN WORKERS 
Sec. 2401. Purpose. 
Sec. 2402. Availability of funds. 
Sec. 2403. Conforming amendments. 
Sec. 2404. Definitions. 
Sec. 2405. Allotments to States. 
Sec. 2406. Grants to partnerships. 
Sec. 2407. Use of funds. 
Sec. 2408. Performance and accountability. 
Sec. 2409. Grants for access to high-demand careers. 
DIVISION C—AMERICAN PROSPERITY AND COMPETITIVENESS 
Sec. 3101. Short title. 
TITLE I—AMERICAN FAMILIES UNITED 
Sec. 3111. Rule of construction. 
Sec. 3112. Discretionary authority with respect to family members of United 
States citizens. 
Sec. 3113. Motions to reopen or reconsider. 
Sec. 3114. Temporary family visitation. 
Sec. 3115. Military Naturalization Modernization. 
TITLE II—FAIRNESS FOR LEGAL IMMIGRANTS 
Sec. 3201. Reduction of backlogs. 
Sec. 3202. Per-country caps raised. 
Sec. 3203. Protecting the status of children affected by delays in visa avail-
ability. 
TITLE III—EMPLOYMENT AND STUDENT VISAS 
Sec. 3301. Spouses and minor children of workers. 
Sec. 3302. Wages received by nonresident alien individuals during optional 
practical training subject to social security taxes. 
Sec. 3303. Individuals with doctoral degrees in STEM fields recognized as indi-
viduals having extraordinary ability. 
Sec. 3304. Modernizing Visas for Students. 
Sec. 3305. Resources for Visa Processing. 
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DIVISION A—BORDER SECURITY 
FOR AMERICA 
TITLE I—BORDER SECURITY 
SEC. 1111. STRENGTHENING THE REQUIREMENTS FOR BAR-
RIERS ALONG THE SOUTHERN BORDER. 
Section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Division C of Pub-
lic Law 104–208; 8 U.S.C. 1103 note) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) IN GENERAL.—The Secretary of Homeland Se-
curity shall take such actions as may be necessary (includ-
ing the removal of obstacles to detection of illegal en-
trants) to design, test, construct, install, deploy, integrate, 
and operate physical barriers, tactical infrastructure, and 
technology in the vicinity of the United States border to 
achieve situational awareness and operational advantage 
of the border and deter, impede, and detect illegal activity 
in high traffic areas.’’; 
(2) in subsection (b)— 
(A) in the subsection heading, by striking 
‘‘FENCING AND ROAD IMPROVEMENTS’’ and in-
serting ‘‘PHYSICAL BARRIERS’’; 
(B) in paragraph (1)— 
(i) in subparagraph (A)— 
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(I) by striking ‘‘subsection (a)’’ 
and inserting ‘‘this section’’; 
(II) by striking ‘‘roads, lighting, 
cameras, and sensors’’ and inserting 
‘‘tactical infrastructure, and tech-
nology’’; and 
(III) by striking ‘‘gain’’ and in-
serting ‘‘achieve situational awareness 
and’’; 
(ii) by amending subparagraph (B) to 
read as follows: 
‘‘(B) PHYSICAL BARRIERS AND TACTICAL 
INFRASTRUCTURE.—The Secretary, in carrying 
out this section, shall deploy along the United 
States border the most practical and effective 
physical barriers and tactical infrastructure 
available for achieving situational awareness 
and operational advantage of the border.’’; 
(iii) in subparagraph (C)— 
(I) by amending clause (i) to 
read as follows: 
‘‘(i) IN
GENERAL.—In carrying out 
this section, the Secretary shall consult 
with appropriate Federal agency partners, 
appropriate representatives of Federal, 
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State, Tribal, and local governments, and 
appropriate private property owners in the 
United States to minimize the impact on 
the environment, culture, commerce, and 
quality of life for the communities and 
residents located near the sites at which 
such physical barriers are to be con-
structed.’’; and 
(II) in clause (ii)— 
(aa) in subclause (I), by 
striking ‘‘or’’ after the semicolon 
at the end; 
(bb) by amending subclause 
(II) to read as follows: 
‘‘(II) delay the transfer to the 
United States of the possession of 
property or affect the validity of any 
property acquisition by the United 
States by purchase or eminent do-
main, or to otherwise affect the emi-
nent domain laws of the United States 
or of any State; or’’; and 
(cc) by adding at the end 
the following new subclause: 
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‘‘(III) create any right or liability 
for any party.’’; and 
(iv) by striking subparagraph (D); 
(C) in paragraph (2)— 
(i) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary of Homeland Se-
curity’’; 
(ii) by striking ‘‘this subsection’’ and 
inserting ‘‘this section’’; and 
(iii) by striking ‘‘construction of 
fences’’ and inserting ‘‘the construction of 
physical barriers’’; 
(D) by amending paragraph (3) to read as 
follows: 
‘‘(3) AGENT SAFETY.—In carrying out this sec-
tion, the Secretary of Homeland Security, when de-
signing, constructing, and deploying physical bar-
riers, tactical infrastructure, or technology, shall in-
corporate such safety features into such design, con-
struction, or deployment of such physical barriers, 
tactical infrastructure, or technology, as the case 
may be, that the Secretary determines are necessary 
to maximize the safety and effectiveness of officers 
or agents of the Department of Homeland Security 
or of any other Federal agency deployed in the vicin-
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ity of such physical barriers, tactical infrastructure, 
or technology.’’; and 
(E) in paragraph (4), by striking ‘‘this 
subsection’’ and inserting ‘‘this section’’; 
(3) in subsection (c)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary of Homeland Security 
shall have the authority to waive all legal require-
ments the Secretary determines necessary to ensure 
the expeditious design, testing, construction, instal-
lation, deployment, and integration of the physical 
barriers, tactical infrastructure, and technology 
under this section. Such waiver authority shall also 
apply with respect to any maintenance carried out 
on such physical barriers, tactical infrastructure, or 
technology. Any such decision by the Secretary shall 
be effective upon publication in the Federal Reg-
ister.’’; 
(B) by redesignating paragraph (2) as 
paragraph (3); and 
(C) by inserting after paragraph (1) the 
following new paragraph: 
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‘‘(2) NOTIFICATION.—Not later than 7 days 
after the date on which the Secretary of Homeland 
Security exercises the waiver authority under para-
graph (1), the Secretary shall notify the Committee 
on Homeland Security of the House of Representa-
tives and the Committee on Homeland Security and 
Governmental Affairs of the Senate of such waiver.’’; 
and 
(4) by adding at the end the following new sub-
sections: 
‘‘(e) TECHNOLOGY.—The Secretary of Homeland Se-
curity, in carrying out this section, shall deploy along the 
United States border the most practical and effective tech-
nology available for achieving situational awareness and 
operational advantage of the border. 
‘‘(f) PRIORITIZATION.—The Secretary of Homeland 
Security, in carrying out this section, should prioritize de-
ploying technology along the United States border. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) ADVANCED UNATTENDED SURVEILLANCE 
SENSORS.—The term ‘advanced unattended surveil-
lance sensors’ means sensors that utilize an onboard 
computer to analyze detections in an effort to dis-
cern between vehicles, humans, and animals, and ul-
timately filter false positives prior to transmission. 
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‘‘(2) HIGH TRAFFIC AREAS.—The term ‘high 
traffic areas’ means areas in the vicinity of the 
United States border that— 
‘‘(A) are within the responsibility of U.S. 
Customs and Border Protection; and 
‘‘(B) have significant unlawful cross-border 
activity, as determined by the Secretary of 
Homeland Security. 
‘‘(3) OPERATIONAL
ADVANTAGE.—The term 
‘operational advantage’ has the meaning given such 
term in the 2022–2026 U.S. Border Patrol Strategy 
(CBP Publication No. 1678–0222). 
‘‘(4) PHYSICAL BARRIERS.—The term ‘physical 
barriers’ includes reinforced fencing, border barrier 
system, and levees. 
‘‘(5) SITUATIONAL AWARENESS.—The term ‘sit-
uational awareness’ has the meaning given such 
term in section 1092(a)(7) of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 
114–328; 6 U.S.C. 223(a)(7)). 
‘‘(6) TACTICAL
INFRASTRUCTURE.—The term 
‘tactical infrastructure’ includes boat ramps, access 
gates, checkpoints, lighting, and roads. 
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‘‘(7) TECHNOLOGY.—The term ‘technology’ in-
cludes border surveillance and detection technology, 
including the following: 
‘‘(A) Tower-based surveillance technology, 
including autonomous technologies. 
‘‘(B) Deployable, lighter-than-air ground 
surveillance equipment. 
‘‘(C) Vehicle and Dismount Exploitation 
Radars (VADER). 
‘‘(D) 3-dimensional, seismic acoustic detec-
tion and ranging border tunneling detection 
technology. 
‘‘(E) Advanced unattended surveillance 
sensors. 
‘‘(F) Mobile vehicle-mounted and man- 
portable surveillance capabilities. 
‘‘(G) Unmanned aircraft systems. 
‘‘(H) Other border detection, communica-
tion, and surveillance technology. 
‘‘(8) UNMANNED AIRCRAFT SYSTEM.—The term 
‘unmanned aircraft system’ has the meaning given 
such term in section 44801 of title 49, United 
States Code.’’. 
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SEC. 1112. AIR AND MARINE OPERATIONS FLIGHT HOURS. 
(a) 
AIR
AND
MARINE
OPERATIONS
FLIGHT 
HOURS.—The Secretary shall ensure that not fewer than 
95,000 annual flight hours are carried out by Air and Ma-
rine Operations of CBP. 
(b) UNMANNED
AIRCRAFT
SYSTEMS.—The Sec-
retary, after coordination with the Administrator of the 
Federal Aviation Administration, shall ensure that Air and 
Marine Operations operate unmanned aircraft systems on 
the southern border of the United States for not less than 
24 hours per day for 7 days per week. 
(c) PRIMARY MISSIONS.—The Commissioner shall 
ensure that— 
(1) the primary missions for Air and Marine 
Operations are to directly support— 
(A) U.S. Border Patrol activities along the 
borders of the United States; and 
(B) Joint Interagency Task Force South 
operations in the transit zone; and 
(2) the Executive Assistant Commissioner of 
Air and Marine Operations assigns the greatest pri-
ority to support missions outlined under paragraph 
(1). 
(d) HIGH
DEMAND
FLIGHT
HOUR
REQUIRE-
MENTS.—The Commissioner shall ensure that U.S. Bor-
der Patrol Sector Chiefs— 
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(1) identify air support mission-critical hours; 
and 
(2) direct Air and Marine Operations to sup-
port requests from Sector Chiefs as their primary 
mission. 
(e) CONTRACT AIR SUPPORT AUTHORIZATIONS.— 
The Commissioner shall contract for the unfulfilled air 
support mission-critical hours, as identified pursuant to 
subsection (d). 
(f) SMALL UNMANNED AIRCRAFT SYSTEMS.— 
(1) IN GENERAL.—The Chief of the U.S. Bor-
der Patrol shall be the executive agent with respect 
to the use of small unmanned aircraft systems by 
CBP for the purpose of— 
(A) meeting the unmet flight hour oper-
ational requirements of the U.S. Border Patrol; 
and 
(B) achieving situational awareness and 
operational advantage. 
(2) COORDINATION.—In carrying out para-
graph (1), the Chief of the U.S. Border Patrol shall 
coordinate— 
(A) flight operations with the Adminis-
trator of the Federal Aviation Administration to 
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ensure the safe and efficient operation of the 
National Airspace System; and 
(B) with the Executive Assistant Commis-
sioner for Air and Marine Operations of CBP 
to— 
(i) ensure the safety of other CBP 
aircraft flying in the vicinity of small un-
manned aircraft systems operated by the 
U.S. Border Patrol; and 
(ii) establish a process to include data 
from flight hours in the calculation of got 
away statistics. 
(3) CONFORMING AMENDMENT.—Paragraph (3) 
of section 411(e) of the Homeland Security Act of 
2002 (6 U.S.C. 211(e)) is amended— 
(A) in subparagraph (B), by striking 
‘‘and’’ after the semicolon at the end; and 
(B) by redesignating subparagraph (C) as 
subparagraph (D). 
(g) SAVINGS CLAUSE.—Nothing in this section shall 
confer, transfer, or delegate to the Secretary, the Commis-
sioner, the Executive Assistant Commissioner for Air and 
Marine Operations of CBP, or the Chief of the U.S. Bor-
der Patrol any authority of the Secretary of Transpor-
tation or the Administrator of the Federal Aviation Ad-
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ministration relating to the use of airspace or aviation 
safety. 
(h) DEFINITIONS.—In this section: 
(1) GOT AWAY.—The term ‘‘got away’’ has the 
meaning given such term in section 1092(a)(3) of 
the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114–328; 6 U.S.C. 
223(a)(3)). 
(2) TRANSIT ZONE.—The term ‘‘transit zone’’ 
has the meaning given such term in section 
1092(a)(8) of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 6 
U.S.C. 223(a)(8)). 
SEC. 1113. LANDOWNER AND RANCHER SECURITY EN-
HANCEMENT. 
(a) ESTABLISHMENT OF NATIONAL BORDER SECU-
RITY ADVISORY COMMITTEE.—The Secretary shall estab-
lish a National Border Security Advisory Committee, 
which— 
(1) may advise, consult with, report to, and 
make recommendations to the Secretary on matters 
relating to border security matters, including— 
(A) verifying security claims and the bor-
der security metrics established by the Depart-
ment of Homeland Security under section 1092 
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of the National Defense Authorization Act for 
Fiscal Year 2017 (Public Law 114–328; 6 
U.S.C. 223); and 
(B) discussing ways to improve the secu-
rity of high traffic areas along the northern 
border and the southern border; and 
(2) may provide, through the Secretary, rec-
ommendations to Congress. 
(b) CONSIDERATION OF VIEWS.—The Secretary shall 
consider the information, advice, and recommendations of 
the National Border Security Advisory Committee in for-
mulating policy regarding matters affecting border secu-
rity. 
(c) MEMBERSHIP.—The National Border Security 
Advisory Committee shall consist of at least one member 
from each State who— 
(1) has at least five years practical experience 
in border security operations; or 
(2) lives and works in the United States within 
80 miles from the southern border or the northern 
border. 
(d) NONAPPLICABILITY
OF
FEDERAL
ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the National Border 
Security Advisory Committee. 
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SEC. 1114. SOUTHERN BORDER THREAT ANALYSIS, BORDER 
PATROL STRATEGIC PLAN, AND NORTHERN 
BORDER THREAT ANALYSIS. 
(a) SOUTHER BORDER THREAT ANALYSIS.— 
(1) REQUIREMENT.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary shall submit to the Committee on Homeland 
Security of the House of Representatives and the 
Committee on Homeland Security and Governmental 
Affairs of the Senate a Southern border threat anal-
ysis. 
(2) CONTENTS.—The analysis submitted under 
paragraph (1) shall include an assessment of— 
(A) current and potential terrorism and 
criminal threats posed by individuals and orga-
nized groups seeking— 
(i) to unlawfully enter the United 
States through the Southern border; or 
(ii) to exploit security vulnerabilities 
along the Southern border; 
(B) improvements needed at and between 
ports of entry along the Southern border to pre-
vent terrorists and instruments of terror from 
entering the United States; 
(C) gaps in law, policy, and coordination 
between State, local, or tribal law enforcement, 
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international agreements, or tribal agreements 
that hinder effective and efficient border secu-
rity, counterterrorism, and anti-human smug-
gling and trafficking efforts; 
(D) the current percentage of situational 
awareness achieved by the Department along 
the Southern border; 
(E) the current percentage of operational 
advantage achieved by the Department on the 
Southern border; and 
(F) traveler crossing times and any poten-
tial security vulnerability associated with pro-
longed wait times. 
(3) ANALYSIS
REQUIREMENTS.—In compiling 
the Southern border threat analysis required under 
this subsection, the Secretary shall consider and ex-
amine— 
(A) the technology needs and challenges, 
including such needs and challenges identified 
as a result of previous investments that have 
not fully realized the security and operational 
benefits that were sought; 
(B) the personnel needs and challenges, in-
cluding such needs and challenges associated 
with recruitment and hiring; 
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(C) the infrastructure needs and chal-
lenges; 
(D) the roles and authorities of State, 
local, and tribal law enforcement in general bor-
der security activities; 
(E) the status of coordination among Fed-
eral, State, local, tribal, and Mexican law en-
forcement entities relating to border security; 
(F) the terrain, population density, and cli-
mate along the Southern border; and 
(G) the international agreements between 
the United States and Mexico related to border 
security. 
(4) CLASSIFIED FORM.—To the extent possible, 
the Secretary shall submit the Southern border 
threat analysis required under this subsection in un-
classified form, but may submit a portion of the 
threat analysis in classified form if the Secretary de-
termines such action is appropriate. 
(b) IN GENERAL.—Not later than one year after the 
date of enactment of this section and every 2 years there-
after, the Secretary, acting through the Chief of the U.S. 
Border Patrol, shall issue a Border Patrol Strategic Plan 
(referred to in this section as the ‘‘plan’’) to enhance the 
security of the international borders of the United States. 
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(c) ELEMENTS.—The plan shall include the following: 
(1) A consideration of Border Patrol Capability 
Gap Analysis reporting, Border Security Improve-
ment Plans, and any other strategic document au-
thored by the U.S. Border Patrol to address security 
gaps with respect to ports of entry, including efforts 
to mitigate threats identified in such analyses, plans, 
and documents. 
(2) Information relating to the dissemination of 
information relating to border security or border 
threats with respect to the efforts of the Department 
and other appropriate Federal agencies. 
(3) Information relating to efforts by U.S. Bor-
der Patrol to— 
(A) increase situational awareness, includ-
ing— 
(i) surveillance capabilities, such as 
capabilities developed or utilized by the 
Department of Defense, and any appro-
priate technology determined to be excess 
by the Department of Defense; and 
(ii) the use of manned aircraft and 
unmanned aircraft systems; 
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(B) detect and prevent terrorists and in-
struments of terrorism from entering the 
United States; 
(C) detect, interdict, and disrupt human 
smuggling, human trafficking, drug trafficking 
and other illicit cross-border activity; 
(D) focus intelligence collection to disrupt 
transnational criminal organizations outside of 
the international and maritime borders of the 
United States; and 
(E) ensure that any new border security 
technology can be operationally integrated with 
existing technologies in use by the Department. 
(4) Information relating to initiatives of the De-
partment with respect to operational coordination, 
including any relevant task forces of the Depart-
ment. 
(5) Information gathered from the lessons 
learned by the deployments of the National Guard to 
the southern border of the United States. 
(6) A description of cooperative agreements re-
lating to information sharing with State, local, Trib-
al, territorial, and other Federal law enforcement 
agencies that have jurisdiction on the border. 
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(7) Information relating to border security in-
formation received from— 
(A) State, local, Tribal, territorial, and 
other Federal law enforcement agencies that 
have jurisdiction on the border or in the mari-
time environment; and 
(B) border community stakeholders, in-
cluding representatives from— 
(i) border agricultural and ranching 
organizations; and 
(ii) business and civic organizations. 
(8) Information relating to the staffing require-
ments with respect to border security for the De-
partment. 
(9) A prioritized list of Department research 
and development objectives to enhance the security 
of the southern border. 
(10) An assessment of training programs, in-
cluding such programs relating to— 
(A) identifying and detecting fraudulent 
documents; 
(B) understanding the scope of CBP en-
forcement authorities and appropriate use of 
force policies; and 
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(C) screening, identifying, and addressing 
vulnerable populations, such as children and 
victims of human trafficking. 
(d) NORTHERN BORDER THREAT ANALYSIS.—Not 
later than 180 days after the date of the enactment of 
this Act, the Secretary shall submit to the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate an update of the Northern Border 
Threat Analysis as required in the Northern Border Secu-
rity Review Act (Public Law 114–267). 
SEC. 1115. AGENT AND OFFICER TECHNOLOGY USE. 
In carrying out section 102 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (as 
amended by section 1111 of this division), the Secretary 
shall ensure that technology deployed to gain situational 
awareness and operational advantage of the border be pro-
vided to frontline officers and agents of the Department 
of Homeland Security. 
SEC. 1116. REPORT ON STANDARDS AND GUIDELINES FOR 
MANAGING PORTS OF ENTRY UNDER THE 
CONTROL OF THE DEPARTMENT OF HOME-
LAND SECURITY. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Home-
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land Security, in coordination with the Secretary of Com-
merce, shall submit to the Committee on Homeland Secu-
rity of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate a report that contains an assessment of the stand-
ards and guidelines for managing ports of entry under the 
control of the Department of Homeland Security. Such as-
sessment shall include information relating to the fol-
lowing: 
(1) Staffing levels and need for additional staff-
ing. 
(2) Rules governing the actions of Office of 
Field Operations officers. 
(3) Average delays for transit through air, land, 
and sea ports of entry. 
(4) Assessment of existing efforts and tech-
nologies used for border security, and the effect of 
the use of such efforts and technologies on facili-
tating trade at ports of entry and their impact on 
civil rights, private property rights, privacy rights, 
and civil liberties. 
(5) Economic impact of the policies and prac-
tices of CBP Agricultural Specialists and Office of 
Field Operations personnel. 
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(6) Physical infrastructure and technological 
needs at ports of entry. 
(7) Data reflecting the specific needs of geo-
graphically separate ports of entry within the same 
U.S. Border Patrol sector. 
(8) A plan for increasing the number of officers 
certified as emergency medical technicians and the 
number of medical professionals assigned to U.S. 
Customs and Border Protection Office of Field Op-
erations land ports of entry. 
(9) A plan to increase access to land ports of 
entry that factors in asylum seekers, victims of traf-
ficking, unaccompanied minors, and other vulnerable 
populations. 
(b) REPORT ON PORT RUNNERS.—Not later than 
180 days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall submit a report that 
contains an assessment of instances of ‘‘Port Running’’, 
or departing the United States before officers can con-
clude traveler inspections, which shall include rec-
ommendations for new security enhancements, including 
traffic barricades, to slow and deter individuals from leav-
ing the United States without authorization. 
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SEC. 1117. STAKEHOLDER AND COMMUNITY ENGAGEMENT. 
(a) DEPARTMENT OF HOMELAND SECURITY BORDER 
OVERSIGHT COMMISSION.— 
(1) ESTABLISHMENT.—There is established an 
independent commission, which shall be known as 
the ‘‘Department of Homeland Security Border 
Oversight Commission’’ (referred to in this Act as 
the ‘‘Commission’’). 
(2) ORGANIZATION.— 
(A) LEADERSHIP.—The Commission shall 
be led by a Chair and a Vice Chair. 
(B) MEMBERSHIP.— 
(i) IN
GENERAL.—The Commission 
shall be composed of 30 members, who— 
(I) shall be appointed by the 
Speaker and the minority leader of 
the House of Representatives and the 
majority and minority leaders of the 
Senate, in consultation with the Presi-
dent; and 
(II) shall have expertise in migra-
tion, local crime indices, civil and 
human rights, community relations, 
cross-border trade and commerce, 
quality of life indicators, or other per-
tinent experience. 
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(ii) REGIONAL REPRESENTATION.—Of 
the 30 members appointed pursuant to 
clause (i)(I)— 
(I) 13 members shall be from the 
northern border region and shall com-
prise 
the 
northern 
border 
sub-
committee; and 
(II) 17 members shall be from 
the southern border region and shall 
comprise the southern border sub-
committee. 
(iii) 
NORTHERN
BORDER
SUB-
COMMITTEE.—Of the 13 members from 
the northern border region— 
(I) 2 shall be elected local gov-
ernment officials; 
(II) 2 shall be local law enforce-
ment officials; 
(III) 2 shall be civil rights advo-
cates; 
(IV) 1 shall represent the busi-
ness community; 
(V) 1 shall represent institutions 
of higher education; 
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(VI) 1 shall represent a faith 
community; 
(VII) 2 shall be U.S. Border Pa-
trol officers or agents; and 
(VIII) 2 shall be tribal officials. 
(iv) 
SOUTHERN
BORDER
SUB-
COMMITTEE.—Of the 17 members from 
the southern border region— 
(I) 3 shall be elected local gov-
ernment officials; 
(II) 3 shall be local law enforce-
ment officials; 
(III) 3 shall be civil rights advo-
cates; 
(IV) 2 shall represent the busi-
ness community; 
(V) 1 shall represent institutions 
of higher education; 
(VI) 1 shall represent a faith 
community; 
(VII) 2 shall be U.S. Border Pa-
trol officers or agents; and 
(VIII) 2 shall be tribal officials. 
(v) CHAIR; VICE CHAIR.—The mem-
bers of the Commission shall elect a Chair 
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and a Vice Chair from among its members 
by a majority vote of at least 16 members. 
(vi) TERMS OF SERVICE.—The Chair 
and the Vice Chair of the Commission 
shall serve 4-year terms in such positions. 
Members of the Commission shall also 
serve 4-year terms. 
(vii) APPOINTMENT DEADLINE.—Con-
gress shall make the initial appointments 
to the Commission not later than 180 days 
after the date of the enactment of this Act. 
(3) MEETINGS.— 
(A) COMMISSION.—The Commission shall 
meet at least semiannually and may convene 
additional meetings as necessary. 
(B) SUBCOMMITTEES.—The northern bor-
der and southern border subcommittees shall 
meet at least quarterly, and may convene addi-
tional meetings, as necessary. 
(4) DUTIES.—The Commission, the northern 
border subcommittee, and the southern border sub-
committee shall— 
(A) develop recommendations for improve-
ments regarding border enforcement policies, 
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strategies, and programs that take into consid-
eration their impact on border communities; 
(B) evaluate policies, strategies, and pro-
grams of Federal agencies operating along the 
northern and southern United States borders— 
(i) to protect— 
(I) due process; 
(II) the civil and human rights of 
border residents and visitors; and 
(III) private property rights of 
land owners; 
(ii) to reduce the number of migrant 
deaths; and 
(iii) to improve the safety of agents 
and officers of U.S. Customs and Border 
Protection and U.S. Immigration and Cus-
toms Enforcement; 
(C) develop recommendations for improve-
ments regarding the safety of agents and offi-
cers of U.S. Customs and Border Protection 
and U.S. Immigration and Customs Enforce-
ment while such agents and officers are in the 
field; and 
(D) evaluate training and establish train-
ing courses related to— 
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(i) management and leadership skills 
for supervisors in each U.S. Border Patrol 
sector, at each port of entry on the north-
ern and southern United States borders, 
and at each U.S. Immigration and Cus-
toms Enforcement field office; and 
(ii) the extent to which supervisory 
and management personnel practices at 
U.S. Customs and Border Protection and 
U.S. Immigration and Customs Enforce-
ment— 
(I) encourage and facilitate work-
force development for agents and offi-
cers; and 
(II) promote agent and officer 
field safety and post-Federal Law En-
forcement Training Center (referred 
to in this Act as ‘‘FLETC’’) training 
of border enforcement personnel. 
(5) ADDITIONAL RESPONSIBILITIES.— 
(A) IN GENERAL.—In carrying out the du-
ties set forth in paragraph (4), the Commission 
shall take into consideration any recommenda-
tions and evaluations agreed upon by the north-
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ern border subcommittee and the southern bor-
der subcommittee. 
(B) 
SUBCOMMITTEE
REPORTS.—The 
northern border subcommittee and the southern 
border subcommittee shall each— 
(i) submit an annual report to the 
Chair and Vice Chair of the Commission 
that contains the recommendations and 
evaluations of the subcommittees referred 
to in paragraph (4); and 
(ii) make each such report available to 
the public. 
(6) PROHIBITION
ON
COMPENSATION.—Mem-
bers of the Commission may not receive pay, allow-
ances, or benefits from the Federal Government by 
reason of their service on the Commission or either 
of its subcommittees. 
(b) HEARINGS AND EVIDENCE.—The Commission or, 
on the authority of the Commission, any subcommittee or 
member of the Commission, may, for the purpose of car-
rying out this Act, hold such hearings, and sit and act 
at such times and places, take such testimony, receive 
such evidence, and administer such oaths as the Commis-
sion or such designated subcommittee or designated mem-
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ber determines necessary to carry out its duties under sub-
section (a)(4). 
(c) SAVINGS PROVISION.—Nothing in this Act may 
be construed as affecting the investigative and disciplinary 
procedures of U.S. Customs and Border Protection, U.S. 
Immigration and Customs Enforcement, or the Depart-
ment of Homeland Security with respect to agents and 
officers of U.S. Customs and Border Protection or U.S. 
Immigration and Customs Enforcement. 
(d) REPORTS.— 
(1) 
ANNUAL
REPORTS.—The 
Commission 
shall— 
(A) submit an annual report to the Sec-
retary of Homeland Security that contains in-
formation regarding the activities, findings, and 
recommendations of the Commission, including 
the northern border subcommittee and the 
southern border subcommittee, for the pre-
ceding year; and 
(B) make each such report available to the 
public. 
(2) CONGRESSIONAL NOTIFICATION.—The Sec-
retary of Homeland Security shall brief the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate, the Committee on the Judiciary 
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of the Senate, the Committee on Homeland Security 
of the House of Representatives, and the Committee 
on the Judiciary of the House of Representatives re-
garding each report received under paragraph (1). 
SEC. 1118. TRAINING FOR OFFICERS AND AGENTS OF U.S. 
CUSTOMS AND BORDER PROTECTION. 
(a) IN GENERAL.—Subsection (l) of section 411 of 
the Homeland Security Act of 2002 (6 U.S.C. 211) is 
amended to read as follows: 
‘‘(l) TRAINING AND CONTINUING EDUCATION.— 
‘‘(1) MANDATORY
TRAINING.—The Commis-
sioner shall ensure that every agent and officer of 
U.S. Customs and Border Protection receives a min-
imum of 21 weeks of training that are directly re-
lated to the mission of the U.S. Border Patrol, Air 
and Marine, and the Office of Field Operations be-
fore the initial assignment of such agents and offi-
cers. 
‘‘(2) FLETC.—The Commissioner shall work 
in consultation with the Director of the Federal Law 
Enforcement Training Centers to establish guide-
lines and curriculum for the training of agents and 
officers of U.S. Customs and Border Protection 
under subsection (a). 
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‘‘(3) CONTINUING EDUCATION.—The Commis-
sioner shall annually require all agents and officers 
of U.S. Customs and Border Protection who are re-
quired to undergo training under subsection (a) to 
participate in not fewer than eight hours of con-
tinuing education annually to maintain and update 
understanding of Federal legal rulings, court deci-
sions, and Department policies, procedures, and 
guidelines related to relevant subject matters. 
‘‘(4) LEADERSHIP TRAINING.—Not later than 
one year after the date of the enactment of this sub-
section, the Commissioner shall develop and require 
training courses geared towards the development of 
leadership skills for mid- and senior-level career em-
ployees not later than one year after such employees 
assume duties in supervisory roles.’’. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Commissioner shall sub-
mit to the Committee on Homeland Security and the Com-
mittee on Ways and Means of the House of Representa-
tives and the Committee on Homeland Security and Gov-
ernmental Affairs and the Committee on Finance of the 
Senate a report identifying the guidelines and curriculum 
established to carry out subsection (l) of section 411 of 
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the Homeland Security Act of 2002, as amended by sub-
section (a) of this section. 
(c) ASSESSMENT.—Not later than four years after 
the date of the enactment of this Act, the Comptroller 
General of the United States shall submit to the Com-
mittee on Homeland Security and the Committee on Ways 
and Means of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
and the Committee on Finance of the Senate a report that 
assesses the training and education, including continuing 
education, required under subsection (l) of section 411 of 
the Homeland Security Act of 2002, as amended by sub-
section (a) of this section. 
SEC. 1119. U.S. BORDER PATROL PROCESSING COORDI-
NATOR POSITIONS. 
(a) PROCESSING
COORDINATORS.—The Commis-
sioner of U.S. Customs and Border Protection is author-
ized to hire and train U.S. Border Patrol Processing Coor-
dinators to operate within the U.S. Border Patrol to— 
(1) perform administrative tasks related to the 
intake and processing of individuals apprehended by 
U.S. Border Patrol agents, where necessary; 
(2) transport individuals in U.S. Border Patrol 
custody, where necessary; and 
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(3) perform custodial watch duties of individ-
uals in such custody, including individuals who have 
been admitted to a hospital. 
(b) CLARIFIED AUTHORITIES.—A U.S. Border Pa-
trol Processing Coordinator hired under subsection (a) 
may not arrest or otherwise detain any person as described 
in section 235, 236, or 287(a), of the Immigration and 
Nationality Act (8 U.S.C. 1225, 1226, and 1357(a)), and 
such a Coordinator may not conduct any interview under 
section 235(b)(1)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1225(b)(1)(B)). 
(c) TRAINING.—The Commissioner of U.S. Customs 
and Border Protection, in coordination with the Chief of 
the U.S. Border Patrol and in consultation with the Direc-
tor of the Federal Law Enforcement Training Centers, 
shall develop tailored training for U.S. Border Patrol 
Processing Coordinators. 
(d) ASSOCIATED SUPPORT STAFF.—The Commis-
sioner of U.S. Customs and Border Protection is author-
ized to hire appropriate professional support staff to facili-
tate the hiring, training, and other support functions re-
quired by U.S. Border Patrol Processing Coordinators. 
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SEC. 1120. ESTABLISHMENT OF HIGHER MINIMUM RATES 
OF PAY FOR UNITED STATES BORDER PA-
TROL AGENTS. 
(a) HIGHER MINIMUM RATE OF PAY.—Not later 
than 180 days after the enactment of this Act, the Direc-
tor of the Office of Personnel Management— 
(1) shall, in accordance with section 5305 of 
title 5, United States Code— 
(A) increase the minimum rate of pay for 
United States Border Patrol agents at the 
grade GS–12 of the General Schedule by not 
less than 14 percent; and 
(B) increase other grades or levels, occupa-
tional groups, series, classes, or subdivisions 
thereof, as determined by the Secretary of 
Homeland Security; 
(2) take such actions as may be necessary to 
harmonize— 
(A) pay levels for U.S. Border Patrol 
agents and CBP officers at each pay scale in a 
manner so as to ensure greater or the same 
level of pay; and 
(B) such other pay incentives and overtime 
scales; and 
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(3) may make increases in all rates in the pay 
range for each such grade or level, in accordance 
with such section 5305. 
(b) INAPPLICABILITY.—The discretion granted to 
agency heads under section 5305(a)(2) of title 5, United 
States Code, shall not apply to increase in rates of pay 
authorized under subsection (a). 
SEC. 1121. BODY WORN CAMERA PILOT PROGRAM AUTHOR-
IZATION. 
The Body Worn Camera Pilot Program referred to 
in H. Rept. 116–458, Department of Homeland Security 
Appropriations Act, 2021, shall be authorized for 5 fiscal 
years after the date of enactment of this Act. 
SEC. 1122. PROTECTING SENSITIVE LOCATIONS. 
Section 287 of the Immigration and Nationality Act 
(8 U.S.C. 1357) is amended by adding at the end the fol-
lowing: 
‘‘(i)(1) Except as otherwise provided, an officer or an 
agent of the U.S. Immigration and Customs Enforcement 
or the U.S. Customs and Border Protection may not take 
an immigration enforcement action in or near a protected 
area. 
‘‘(2) Paragraph (1) does not apply— 
‘‘(A) whenever prior approval has been ob-
tained; or 
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‘‘(B) under exigent circumstances (including, 
but not limited to, an immigration enforcement ac-
tion that involves a national security threat, the hot 
pursuit of an individual who poses a public safety 
threat, or the hot pursuit of an individual who was 
observed crossing the border; that involves the immi-
nent risk of death, violence, or physical harm to a 
person or the imminent risk that evidence material 
to a criminal case will be destroyed; or where a safe 
alternative location does not exist). 
‘‘(3) When taking an immigration enforcement action 
in or near a protected area, an officer or an agent of U.S. 
Immigration and Customs Enforcement or U.S. Customs 
and Border Protection shall, to the fullest extent pos-
sible— 
‘‘(A) take the immigration enforcement action 
in a non-public area or in a manner that minimizes 
the effect on another person who is accessing the 
protected area; 
‘‘(B) limit the time spent in or near the pro-
tected area; and 
‘‘(C) limit the immigration enforcement action 
to the person who is the subject of such enforcement 
action. 
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in the exercise of their discretion, on the physical distance 
that constitutes in or near a protected area.’’. 
TITLE II—BORDER AND PORTS 
OF ENTRY INFRASTRUCTURE 
FUNDING 
SEC. 1201. PORTS OF ENTRY INFRASTRUCTURE. 
(a) ADDITIONAL PORTS OF ENTRY.— 
(1) AUTHORITY.—The Administrator of Gen-
eral Services may, subject to section 3307 of title 
40, United States Code, construct new ports of entry 
along the northern border and southern border at lo-
cations determined by the Secretary. 
(2) CONSULTATION.— 
(A) REQUIREMENT
TO
CONSULT.—The 
Secretary and the Administrator of General 
Services shall consult with the Secretary of 
State, the Secretary of the Interior, the Sec-
retary of Agriculture, the Secretary of Trans-
portation, and appropriate representatives of 
State and local governments, and Indian tribes, 
and property owners in the United States prior 
to determining a location for any new port of 
entry constructed pursuant to paragraph (1). 
(B) CONSIDERATIONS.—The purpose of 
the consultations required by subparagraph (A) 
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shall be to minimize any negative impacts of 
constructing a new port of entry on the environ-
ment, culture, commerce, and quality of life of 
the communities and residents located near 
such new port. 
(b) EXPANSION AND MODERNIZATION OF HIGH-PRI-
ORITY SOUTHERN BORDER PORTS OF ENTRY.—The Ad-
ministrator of General Services, subject to section 3307 
of title 40, United States Code, and in coordination with 
the Secretary, shall expand or modernize high-priority 
ports of entry on the southern border, as determined by 
the Secretary, for the purposes of reducing wait times and 
enhancing security. 
(c) PORT OF ENTRY PRIORITIZATION.—Prior to con-
structing any new ports of entry pursuant to subsection 
(a), the Administrator of General Services shall complete 
the expansion and modernization of ports of entry pursu-
ant to subsection (b) to the extent practicable. 
(d) SAVINGS PROVISION.—Nothing in this section 
may be construed to— 
(1) create or negate any right of action for a 
State, local government, or other person or entity af-
fected by this section; 
(2) delay the transfer of the possession of prop-
erty to the United States or affect the validity of 
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any property acquisitions by purchase or eminent 
domain, or to otherwise affect the eminent domain 
laws of the United States or of any State; or 
(3) create any right or liability for any party. 
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as providing the Secretary new au-
thority related to the construction, acquisition, or renova-
tion of real property. 
SEC. 1202. SENSE OF CONGRESS ON COOPERATION BE-
TWEEN AGENCIES. 
(a) FINDING.—Congress finds that personnel con-
straints exist at land ports of entry with regard to sanitary 
and phytosanitary inspections for exported goods. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that, in the best interest of cross-border trade and 
the agricultural community— 
(1) any lack of certified personnel for inspection 
purposes at ports of entry should be addressed by 
seeking cooperation between agencies and depart-
ments of the United States, whether in the form of 
a memorandum of understanding or through a cer-
tification process, whereby additional existing agents 
are authorized for additional hours to facilitate and 
expedite the flow of legitimate trade and commerce 
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of perishable goods in a manner consistent with 
rules of the Department of Agriculture; and 
(2) cross-designation should be available for 
personnel who will assist more than one agency or 
department of the United States at land ports of 
entry to facilitate and expedite the flow of increased 
legitimate trade and commerce. 
SEC. 1203. AUTHORIZATION OF APPROPRIATIONS. 
In addition to any amounts otherwise authorized to 
be appropriated for such purpose, there is appropriated 
$2,000,000,000 for each of fiscal years 2026 through 
2030 to carry out this subtitle. 
SEC. 1204. FUNDING MATTERS. 
Subchapter A of chapter 98 of the Internal Revenue 
Code of 1986 is amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 9512. IMMIGRATION INFRASTRUCTURE AND DEBT RE-
DUCTION FUND. 
‘‘(a) CREATION OF TRUST FUND.—There is hereby 
established in the Treasury of the United States a trust 
fund to be known as the Immigration Infrastructure and 
Debt Reduction Fund, consisting of such amounts as may 
be appropriated or credited to such Fund as provided in 
this section or section 9602(b). 
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‘‘(b) TRANSFER
TO TRUST FUND
OF AMOUNTS 
EQUIVALENT TO CERTAIN TAXES.—There are hereby ap-
propriated to the Immigration Infrastructure and Debt 
Reduction Fund amounts equivalent to the taxes received 
in the Treasury under section 2304 of division B of the 
Dignity for Immigrants while Guarding our Nation to Ig-
nite and Deliver the American Dream Act paid or incurred 
by taxpayers who are aliens and participants in the Dig-
nity Program under title III of division B of the Dignity 
for Immigrants while Guarding our Nation to Ignite and 
Deliver the American Dream Act. 
‘‘(c) EXPENDITURES FROM TRUST FUND.—Amounts 
in the Immigration Infrastructure and Debt Reduction 
Fund shall be available to carry out the Dignity for Immi-
grants while Guarding our Nation to Ignite and Deliver 
the American Dream Act and the amendments made by 
such Act. 
‘‘(d) ADDITIONAL
EXPENDITURES
FROM
TRUST 
FUND.—After such expenditures in this Act are com-
pleted, the remaining amounts from the Immigration In-
frastructure and Debt Reduction fund shall be returned 
to the Treasury to pay down the national debt. 
‘‘(e) PREMIUM PROCESSING FEE DEPOSITS.—Fifty 
percent of the Premium Processing fee collected under sec-
tion 201(b)(1) of the Immigration and Nationality Act (8 
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U.S.C. 1151(b)(1)), as amended by section 3201 of the 
DIGNIDAD Act of 2025, shall be deposited into the Im-
migration Examinations Fee Account (IEFA) of the 
Treasury to fund the costs of processing immigration ben-
efit requests. 
‘‘(f) PREMIUM PROCESSING FEE CONTRIBUTIONS.— 
An employer or private entity may contribute a partial or 
full amount of the Premium Processing fee collected under 
section 201(b)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1151(b)(1)), as amended by section 3201 of the 
DIGNIDAD Act of 2025.’’. 
TITLE III—CRIMINAL 
ENFORCEMENT PROVISIONS 
SEC. 1301. ILLICIT SPOTTING. 
Section 1510 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(f) Any person who knowingly transmits, by any 
means, to another person the location, movement, or ac-
tivities of any officer or agent of a Federal, State, local, 
or tribal law enforcement agency with the intent to aid 
and abet a criminal offense under the immigration laws 
(as such term is defined in section 101 of the Immigration 
and Nationality Act), the Controlled Substances Act, or 
the Controlled Substances Import and Export Act, or that 
relates to agriculture or monetary instruments shall be 
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fined under this title or imprisoned not more than 10 
years, or both.’’. 
SEC. 1302. UNLAWFULLY HINDERING IMMIGRATION, BOR-
DER, AND CUSTOMS CONTROLS. 
(a) BRINGING
IN
AND HARBORING
OF CERTAIN 
ALIENS.—Section 274(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1324(a)) is amended— 
(1) in paragraph (2), by striking ‘‘brings to or 
attempts to’’ and inserting the following: ‘‘brings to 
or knowingly attempts or conspires to’’; and 
(2) by adding at the end the following: 
‘‘(5) In the case of a person who has brought 
aliens into the United States in violation of this sub-
section, the sentence otherwise provided for may be 
increased by up to 10 years if that person, at the 
time of the offense, used or carried a firearm or 
who, in furtherance of any such crime, possessed a 
firearm.’’. 
(b) AIDING
OR ASSISTING CERTAIN ALIENS TO 
ENTER THE UNITED STATES.—Section 277 of the Immi-
gration and Nationality Act (8 U.S.C. 1327) is amend-
ed— 
(1) by inserting after ‘‘knowingly aids or as-
sists’’ the following: ‘‘or attempts to aid or assist’’; 
and 
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(2) by adding at the end the following: ‘‘In the 
case of a person convicted of an offense under this 
section, the sentence otherwise provided for may be 
increased by up to 10 years if that person, at the 
time of the offense, used or carried a firearm or 
who, in furtherance of any such crime, possessed a 
firearm.’’. 
SEC. 1303. REPORT ON SMUGGLING. 
The Secretary of Homeland Security, in coordination 
with the heads of appropriate Federal agencies, shall de-
velop a regularly updated intelligence driven analysis that 
includes— 
(1) migrant perceptions of United States law 
and policy at the border, including human smuggling 
organization messaging and propaganda; 
(2) tactics, techniques, and procedures used by 
human smuggling organizations to exploit border se-
curity vulnerabilities to facilitate such smuggling ac-
tivities across the border; 
(3) the methods and use of technology to orga-
nize and encourage irregular migration and under-
mine border security; and 
(4) any other information the Secretary deter-
mines appropriate. 
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SEC. 1304. ILLEGAL REENTRY. 
Section 276 of the Immigration and Nationality Act 
(8 U.S.C. 1326) is amended to read as follows: 
‘‘SEC. 276. REENTRY OF REMOVED ALIEN. 
‘‘(a) REENTRY AFTER REMOVAL.— 
‘‘(1) IN GENERAL.—Any alien who has been de-
nied admission, excluded, deported, or removed, or 
who has departed the United States while an order 
of exclusion, deportation, or removal is outstanding, 
and subsequently enters, crosses the border to, or is 
at any time found in the United States, shall be 
fined under title 18, United States Code, imprisoned 
not more than 10 years, or both. 
‘‘(2) EXCEPTION.—If an alien sought and re-
ceived the express consent of the Secretary to re-
apply for admission into the United States, or, with 
respect to an alien previously denied admission and 
removed, the alien was not required to obtain such 
advance consent under the Immigration and Nation-
ality Act or any prior Act, the alien shall not be sub-
ject to the fine and imprisonment provided for in 
paragraph (1). 
‘‘(b) REENTRY
OF CRIMINAL OFFENDERS.—Not-
withstanding the penalty provided in subsection (a), if an 
alien described in that subsection was convicted before 
such removal or departure— 
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‘‘(1) for 3 or more misdemeanors or for a fel-
ony, the alien shall be fined under title 18, United 
States Code, imprisoned not more than 15 years, or 
both; 
‘‘(2) for a felony for which the alien was sen-
tenced to a term of imprisonment of not less than 
30 months, the alien shall be fined under such title, 
imprisoned not more than 20 years, or both; 
‘‘(3) for a felony for which the alien was sen-
tenced to a term of imprisonment of not less than 
60 months, the alien shall be fined under such title, 
imprisoned not more than 25 years, or both; or 
‘‘(4) for murder, rape, kidnapping, or a felony 
offense described in chapter 77 (relating to peonage 
and slavery) or 113B (relating to terrorism) of such 
title, or for 3 or more felonies of any kind, the alien 
shall be fined under such title, imprisoned not more 
than 30 years, or both. 
‘‘(c) REENTRY AFTER REPEATED REMOVAL.—Any 
alien who has been denied admission, excluded, deported, 
or removed 3 or more times and thereafter enters, at-
tempts to enter, crosses the border to, attempts to cross 
the border to, or is at any time found in the United States, 
shall be fined under title 18, United States Code, impris-
oned not more than 20 years, or both. 
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‘‘(d) PROOF
OF PRIOR CONVICTIONS.—The prior 
convictions described in subsection (b) are elements of the 
crimes described, and the penalties in that subsection shall 
apply only in cases in which the conviction or convictions 
that form the basis for the additional penalty are— 
‘‘(1) alleged in the indictment or information; 
and 
‘‘(2) proven beyond a reasonable doubt at trial 
or admitted by the defendant. 
‘‘(e) REENTRY OF ALIEN REMOVED PRIOR TO COM-
PLETION OF TERM OF IMPRISONMENT.—Any alien re-
moved pursuant to section 241(a)(4) who enters, attempts 
to enter, crosses the border to, attempts to cross the bor-
der to, or is at any time found in, the United States shall 
be incarcerated for the remainder of the sentence of im-
prisonment which was pending at the time of deportation 
without any reduction for parole or supervised release un-
less the alien affirmatively demonstrates that the Sec-
retary of Homeland Security has expressly consented to 
the alien’s reentry. Such alien shall be subject to such 
other penalties relating to the reentry of removed aliens 
as may be available under this section or any other provi-
sion of law. 
‘‘(f) DEFINITIONS.—For purposes of this section and 
section 275, the following definitions shall apply: 
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‘‘(1) CROSSES THE BORDER TO THE UNITED 
STATES.—The term ‘crosses the border’ refers to the 
physical act of crossing the border free from official 
restraint. 
‘‘(2) OFFICIAL RESTRAINT.—The term ‘official 
restraint’ means any restraint known to the alien 
that serves to deprive the alien of liberty and pre-
vents the alien from going at large into the United 
States. Surveillance unbeknownst to the alien shall 
not constitute official restraint. 
‘‘(3) FELONY.—The term ‘felony’ means any 
criminal offense punishable by a term of imprison-
ment of more than 1 year under the laws of the 
United States, any State, or a foreign government. 
‘‘(4) MISDEMEANOR.—The term ‘misdemeanor’ 
means any criminal offense punishable by a term of 
imprisonment of not more than 1 year under the ap-
plicable laws of the United States, any State, or a 
foreign government. 
‘‘(5) REMOVAL.—The term ‘removal’ includes 
any denial of admission, exclusion, deportation, or 
removal, or any agreement by which an alien stipu-
lates or agrees to exclusion, deportation, or removal. 
‘‘(6) STATE.—The term ‘State’ means a State 
of the United States, the District of Columbia, and 
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any commonwealth, territory, or possession of the 
United States.’’. 
SEC. 1305. MANDATORY MINIMUM PENALTY FOR CHILD SEX 
TRAFFICKING. 
Section 1591(b) of title 18, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘15’’ and in-
serting ‘‘25’’; and 
(2) in paragraph (2), by striking ‘‘10 years’’ 
and inserting ‘‘25 years’’. 
SEC. 1306. VISA INELIGIBILITY FOR SPOUSES AND CHIL-
DREN OF DRUG TRAFFICKERS. 
Section 212(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(2)) is amended— 
(1) in subparagraph (C)(ii), by striking ‘‘is the 
spouse, son, or daughter’’ and inserting ‘‘is or has 
been the spouse, son, or daughter’’; and 
(2) in subparagraph (H)(ii), by striking ‘‘is the 
spouse, son, or daughter’’ and inserting ‘‘is or has 
been the spouse, son, or daughter’’. 
SEC. 1307. DNA TESTING AND COLLECTION CONSISTENT 
WITH FEDERAL LAW. 
(a) DNA TESTING FOR FAMILY RELATIONSHIP.— 
Section 222(b) of the Immigration and Nationality Act (8 
U.S.C. 1202(b)) is amended by inserting ‘‘Where consid-
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ered necessary, by the consular officer or immigration offi-
cial, to establish family relationships, the immigrant shall 
provide DNA evidence of such a relationship in accordance 
with procedures established for submitting such evidence. 
The Secretary and the Secretary of State may, in con-
sultation, issue regulations to require DNA evidence to es-
tablish family relationship, from applicants for certain visa 
classifications.’’ after ‘‘and a certified copy of all other 
records or documents concerning him or his case which 
may be required by the consular officer.’’. 
(b) DNA COLLECTION CONSISTENT WITH FEDERAL 
LAW.—Not later than 90 days after the date of the enact-
ment of this section, the Secretary shall ensure and certify 
to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate that CBP is fully 
compliant with the DNA Fingerprint Act of 2005 (Public 
Law 109–162; 119 Stat. 3084) at all border facilities that 
process adults, including as part of a family unit, in the 
custody of CBP at the border. 
SEC. 1308. INCREASED PENALTY FOR VOTING BY ALIENS. 
Section 611(b) of title 18, United States Code, is 
amended by striking ‘‘one year’’ and inserting ‘‘five 
years’’. 
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TITLE IV—MANDATORY E- 
VERIFY 
SEC. 1401. SHORT TITLE. 
This title may be cited as the ‘‘Legal Workforce Act’’. 
SEC. 
1402. 
EMPLOYMENT 
ELIGIBILITY 
VERIFICATION 
PROCESS. 
(a) IN GENERAL.—Section 274A(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324a(b)) is amended 
to read as follows: 
‘‘(b) 
EMPLOYMENT
ELIGIBILITY
VERIFICATION 
PROCESS.— 
‘‘(1) NEW HIRES, RECRUITMENT, AND REFER-
RAL.—The requirements referred to in paragraphs 
(1)(B) and (3) of subsection (a) are, in the case of 
a person or other entity hiring, recruiting, or refer-
ring an individual for employment in the United 
States, the following: 
‘‘(A) ATTESTATION
AFTER
EXAMINATION 
OF DOCUMENTATION.— 
‘‘(i) 
ATTESTATION.—During 
the 
verification period (as defined in subpara-
graph (E)), the person or entity shall at-
test, under penalty of perjury and on a 
form, including electronic and telephonic 
formats, designated or established by the 
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Secretary by regulation not later than 6 
months after the date of the enactment of 
the Legal Workforce Act, that it has 
verified that the individual is not an unau-
thorized alien by— 
‘‘(I) obtaining from the indi-
vidual the individual’s social security 
account number or United States 
passport number and recording the 
number on the form (if the individual 
claims to have been issued such a 
number), and, if the individual does 
not attest to United States nationality 
under subparagraph (B), obtaining 
such identification or authorization 
number established by the Depart-
ment of Homeland Security for the 
alien as the Secretary of Homeland 
Security may specify, and recording 
such number on the form; and 
‘‘(II) examining— 
‘‘(aa) a document relating to 
the individual presenting it de-
scribed in clause (ii); or 
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‘‘(bb) a document relating to 
the individual presenting it de-
scribed in clause (iii) and a docu-
ment relating to the individual 
presenting it described in clause 
(iv). 
‘‘(ii) DOCUMENTS
EVIDENCING
EM-
PLOYMENT
AUTHORIZATION
AND
ESTAB-
LISHING
IDENTITY.—A 
document 
de-
scribed in this subparagraph is an individ-
ual’s— 
‘‘(I) unexpired United States 
passport or passport card; 
‘‘(II) unexpired permanent resi-
dent card that contains a photograph; 
‘‘(III) unexpired employment au-
thorization card that contains a pho-
tograph; 
‘‘(IV) in the case of a non-
immigrant alien authorized to work 
for a specific employer incident to sta-
tus, a foreign passport with Form I– 
94 or Form I–94A, or other docu-
mentation as designated by the Sec-
retary specifying the alien’s non-
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immigrant status as long as the pe-
riod of status has not yet expired and 
the proposed employment is not in 
conflict with any restrictions or limita-
tions identified in the documentation; 
‘‘(V) passport from the Fed-
erated States of Micronesia (FSM) or 
the Republic of the Marshall Islands 
(RMI) with Form I–94 or Form I– 
94A, or other documentation as des-
ignated by the Secretary, indicating 
nonimmigrant admission under the 
Compact of Free Association Between 
the United States and the FSM or 
RMI; or 
‘‘(VI) other document designated 
by the Secretary of Homeland Secu-
rity, if the document— 
‘‘(aa) contains a photograph 
of the individual and biometric 
identification data from the indi-
vidual and such other personal 
identifying information relating 
to the individual as the Secretary 
of Homeland Security finds, by 
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regulation, sufficient for purposes 
of this clause; 
‘‘(bb) is evidence of author-
ization of employment in the 
United States; and 
‘‘(cc) contains security fea-
tures to make it resistant to tam-
pering, counterfeiting, and fraud-
ulent use. 
‘‘(iii) DOCUMENTS
EVIDENCING
EM-
PLOYMENT AUTHORIZATION.—A document 
described in this subparagraph is an indi-
vidual’s social security account number 
card (other than such a card which speci-
fies on the face that the issuance of the 
card does not authorize employment in the 
United States). 
‘‘(iv) 
DOCUMENTS
ESTABLISHING 
IDENTITY
OF
INDIVIDUAL.—A document 
described in this subparagraph is— 
‘‘(I) an individual’s unexpired 
State-issued driver’s license or identi-
fication card if it contains a photo-
graph and information such as name, 
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date of birth, gender, height, eye 
color, and address; 
‘‘(II) an individual’s unexpired 
U.S. military identification card; 
‘‘(III) an individual’s unexpired 
Native American tribal identification 
document issued by a tribal entity rec-
ognized by the Bureau of Indian Af-
fairs; or 
‘‘(IV) in the case of an individual 
under 18 years of age, a parent or 
legal guardian’s attestation under 
penalty of law as to the identity and 
age of the individual. 
‘‘(v) AUTHORITY TO PROHIBIT USE OF 
CERTAIN DOCUMENTS.—If the Secretary of 
Homeland Security finds, by regulation, 
that any document described in clause (i), 
(ii), or (iii) as establishing employment au-
thorization or identity does not reliably es-
tablish such authorization or identity or is 
being used fraudulently to an unacceptable 
degree, the Secretary may prohibit or place 
conditions on its use for purposes of this 
paragraph. 
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‘‘(vi) SIGNATURE.—Such attestation 
may be manifested by either a handwritten 
or electronic signature. 
‘‘(B) INDIVIDUAL
ATTESTATION
OF
EM-
PLOYMENT AUTHORIZATION.—During the veri-
fication period (as defined in subparagraph 
(E)), the individual shall attest, under penalty 
of perjury on the form designated or established 
for purposes of subparagraph (A), that the indi-
vidual is a citizen or national of the United 
States, an alien lawfully admitted for perma-
nent residence, or an alien who is authorized 
under this Act or by the Secretary of Homeland 
Security to be hired, recruited, or referred for 
such employment. Such attestation may be 
manifested by either a handwritten or electronic 
signature. The individual shall also provide that 
individual’s social security account number or 
United States passport number (if the indi-
vidual claims to have been issued such a num-
ber), and, if the individual does not attest to 
United States nationality under this subpara-
graph, such identification or authorization num-
ber established by the Department of Homeland 
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Security for the alien as the Secretary may 
specify. 
‘‘(C) RETENTION OF VERIFICATION FORM 
AND VERIFICATION.— 
‘‘(i) IN GENERAL.—After completion 
of such form in accordance with subpara-
graphs (A) and (B), the person or entity 
shall— 
‘‘(I) retain a paper, microfiche, 
microfilm, or electronic version of the 
form and make it available for inspec-
tion by officers of the Department of 
Homeland Security, the Department 
of Justice, or the Department of 
Labor during a period beginning on 
the date of the recruiting or referral 
of the individual, or, in the case of the 
hiring of an individual, the date on 
which the verification is completed, 
and ending— 
‘‘(aa) in the case of the re-
cruiting or referral of an indi-
vidual, 3 years after the date of 
the recruiting or referral; and 
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‘‘(bb) in the case of the hir-
ing of an individual, the later of 
3 years after the date the verifi-
cation is completed or one year 
after the date the individual’s 
employment is terminated; and 
‘‘(II) during the verification pe-
riod (as defined in subparagraph (E)), 
make an inquiry, as provided in sub-
section (d), using the verification sys-
tem to seek verification of the identity 
and employment eligibility of an indi-
vidual. 
‘‘(ii) CONFIRMATION.— 
‘‘(I) 
CONFIRMATION
RE-
CEIVED.—If the person or other entity 
receives an appropriate confirmation 
of an individual’s identity and work 
eligibility under the verification sys-
tem within the time period specified, 
the person or entity shall record on 
the form an appropriate code that is 
provided under the system and that 
indicates a final confirmation of such 
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identity and work eligibility of the in-
dividual. 
‘‘(II) TENTATIVE NONCONFIRMA-
TION
RECEIVED.—If the person or 
other entity receives a tentative non-
confirmation of an individual’s iden-
tity or work eligibility under the 
verification system within the time pe-
riod specified, the person or entity 
shall so inform the individual for 
whom the verification is sought. If the 
individual does not contest the non-
confirmation within the time period 
specified, the nonconfirmation shall be 
considered final. The person or entity 
shall then record on the form an ap-
propriate code which has been pro-
vided under the system to indicate a 
final nonconfirmation. If the indi-
vidual does contest the nonconfirma-
tion, the individual shall utilize the 
process for secondary verification pro-
vided under subsection (d). The non-
confirmation will remain tentative 
until a final confirmation or noncon-
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firmation is provided by the verifica-
tion system within the time period 
specified. In no case shall an employer 
terminate employment of an individual 
because of a failure of the individual 
to have identity and work eligibility 
confirmed under this section until a 
nonconfirmation becomes final. Noth-
ing in this clause shall apply to a ter-
mination of employment for any rea-
son other than because of such a fail-
ure. In no case shall an employer re-
scind the offer of employment to an 
individual because of a failure of the 
individual to have identity and work 
eligibility confirmed under this sub-
section until a nonconfirmation be-
comes final. Nothing in this subclause 
shall apply to a recission of the offer 
of employment for any reason other 
than because of such a failure. 
‘‘(III) FINAL CONFIRMATION OR 
NONCONFIRMATION
RECEIVED.—If a 
final confirmation or nonconfirmation 
is provided by the verification system 
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regarding an individual, the person or 
entity shall record on the form an ap-
propriate code that is provided under 
the system and that indicates a con-
firmation or nonconfirmation of iden-
tity and work eligibility of the indi-
vidual. 
‘‘(IV) EXTENSION OF TIME.—If 
the person or other entity in good 
faith attempts to make an inquiry 
during the time period specified and 
the verification system has registered 
that not all inquiries were received 
during such time, the person or entity 
may make an inquiry in the first sub-
sequent working day in which the 
verification system registers that it 
has received all inquiries. If the 
verification system cannot receive in-
quiries at all times during a day, the 
person or entity merely has to assert 
that the entity attempted to make the 
inquiry on that day for the previous 
sentence to apply to such an inquiry, 
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and does not have to provide any ad-
ditional proof concerning such inquiry. 
‘‘(V) CONSEQUENCES
OF
NON-
CONFIRMATION.— 
‘‘(aa) TERMINATION OR NO-
TIFICATION OF CONTINUED EM-
PLOYMENT.—If the person or 
other entity has received a final 
nonconfirmation regarding an in-
dividual, the person or entity 
may terminate employment of the 
individual (or decline to recruit 
or refer the individual). If the 
person or entity does not termi-
nate employment of the indi-
vidual or proceeds to recruit or 
refer the individual, the person or 
entity shall notify the Secretary 
of Homeland Security of such 
fact through the verification sys-
tem or in such other manner as 
the Secretary may specify. 
‘‘(bb) 
FAILURE
TO
NO-
TIFY.—If the person or entity 
fails to provide notice with re-
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spect to an individual as required 
under item (aa), the failure is 
deemed to constitute a violation 
of subsection (a)(1)(A) with re-
spect to that individual. 
‘‘(VI) CONTINUED EMPLOYMENT 
AFTER FINAL NONCONFIRMATION.—If 
the person or other entity continues to 
employ (or to recruit or refer) an indi-
vidual after receiving final noncon-
firmation, a rebuttable presumption is 
created that the person or entity has 
violated subsection (a)(1)(A). 
‘‘(D) EFFECTIVE DATES OF NEW PROCE-
DURES.— 
‘‘(i) HIRING.—Except as provided in 
clause (iii), the provisions of this para-
graph shall apply to a person or other enti-
ty hiring an individual for employment in 
the United States as follows: 
‘‘(I) With respect to employers 
having 10,000 or more employees in 
the United States on the date of the 
enactment of the Legal Workforce 
Act, on the date that is 6 months 
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after the date of the enactment of 
such Act. 
‘‘(II) With respect to employers 
having 500 or more employees in the 
United States, but less than 10,000 
employees in the United States, on 
the date of the enactment of the 
Legal Workforce Act, on the date that 
is 12 months after the date of the en-
actment of such Act. 
‘‘(III) With respect to employers 
having 20 or more employees in the 
United States, but less than 500 em-
ployees in the United States, on the 
date of the enactment of the Legal 
Workforce Act, on the date that is 18 
months after the date of the enact-
ment of such Act. 
‘‘(IV) With respect to employers 
having one or more employees in the 
United States, but less than 20 em-
ployees in the United States, on the 
date of the enactment of the Legal 
Workforce Act, on the date that is 24 
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months after the date of the enact-
ment of such Act. 
‘‘(ii) RECRUITING AND REFERRING.— 
Except as provided in clause (iii), the pro-
visions of this paragraph shall apply to a 
person or other entity recruiting or refer-
ring an individual for employment in the 
United States on the date that is 12 
months after the date of the enactment of 
the Legal Workforce Act. 
‘‘(iii) AGRICULTURAL LABOR OR SERV-
ICES.—With respect to an employee per-
forming agricultural labor or services, this 
paragraph shall not apply with respect to 
the verification of the employee until the 
date that is 30 months after the date of 
the enactment of the Legal Workforce Act. 
For purposes of the preceding sentence, 
the term ‘agricultural labor or services’ has 
the meaning given such term by the Sec-
retary of Agriculture in regulations and in-
cludes agricultural labor as defined in sec-
tion 3121(g) of the Internal Revenue Code 
of 1986, agriculture as defined in section 
3(f) of the Fair Labor Standards Act of 
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1938 (29 U.S.C. 203(f)), the handling, 
planting, drying, packing, packaging, proc-
essing, freezing, or grading prior to deliv-
ery for storage of any agricultural or horti-
cultural commodity in its unmanufactured 
state, all activities required for the prepa-
ration, processing or manufacturing of a 
product of agriculture (as such term is de-
fined in such section 3(f)) for further dis-
tribution, and activities similar to all the 
foregoing as they relate to fish or shellfish 
facilities. An employee described in this 
clause shall not be counted for purposes of 
clause (i). 
‘‘(iv) EXTENSIONS.—Upon request by 
an employer having 50 or fewer employees, 
the Secretary shall allow a one-time 6- 
month extension of the effective date set 
out in this subparagraph applicable to such 
employer. Such request shall be made to 
the Secretary and shall be made prior to 
such effective date. 
‘‘(v) TRANSITION
RULE.—Subject to 
paragraph (4), the following shall apply to 
a person or other entity hiring, recruiting, 
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or referring an individual for employment 
in the United States until the effective 
date or dates applicable under clauses (i) 
through (iii): 
‘‘(I) This subsection, as in effect 
before the enactment of the Legal 
Workforce Act. 
‘‘(II) Subtitle A of title IV of the 
Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (8 
U.S.C. 1324a note), as in effect be-
fore the effective date in section 
6107(c) of the Legal Workforce Act. 
‘‘(III) Any other provision of 
Federal law requiring the person or 
entity to participate in the E-Verify 
Program described in section 403(a) 
of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note), as in effect be-
fore the effective date in section 
6107(c) of the Legal Workforce Act, 
including Executive Order 13465 (8 
U.S.C. 1324a note; relating to Gov-
ernment procurement). 
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‘‘(E) VERIFICATION PERIOD DEFINED.— 
‘‘(i) IN
GENERAL.—For purposes of 
this paragraph: 
‘‘(I) In the case of recruitment or 
referral, the term ‘verification period’ 
means the period ending on the date 
recruiting or referring commences. 
‘‘(II) In the case of hiring, the 
term ‘verification period’ means the 
period beginning on the date on which 
an offer of employment is extended 
and ending on the date that is three 
business days after the date of hire, 
except as provided in clause (iii). The 
offer of employment may be condi-
tioned in accordance with clause (ii). 
‘‘(ii) JOB
OFFER
MAY
BE
CONDI-
TIONAL.—A person or other entity may 
offer a prospective employee an employ-
ment position that is conditioned on final 
verification of the identity and employment 
eligibility of the employee using the proce-
dures established under this paragraph. 
‘‘(iii) SPECIAL RULE.—Notwithstand-
ing clause (i)(II), in the case of an alien 
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who is authorized for employment and who 
provides evidence from the Social Security 
Administration that the alien has applied 
for a social security account number, the 
verification period ends three business days 
after the alien receives the social security 
account number. 
‘‘(2) REVERIFICATION FOR INDIVIDUALS WITH 
LIMITED WORK AUTHORIZATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a person or entity shall 
make an inquiry, as provided in subsection (d), 
using the verification system to seek reverifica-
tion of the identity and employment eligibility 
of all individuals with a limited period of work 
authorization employed by the person or entity 
during the three business days after the date on 
which the employee’s work authorization expires 
as follows: 
‘‘(i) With respect to employers having 
10,000 or more employees in the United 
States on the date of the enactment of the 
Legal Workforce Act, beginning on the 
date that is 6 months after the date of the 
enactment of such Act. 
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‘‘(ii) With respect to employers having 
500 or more employees in the United 
States, but less than 10,000 employees in 
the United States, on the date of the en-
actment of the Legal Workforce Act, be-
ginning on the date that is 12 months 
after the date of the enactment of such 
Act. 
‘‘(iii) With respect to employers hav-
ing 20 or more employees in the United 
States, but less than 500 employees in the 
United States, on the date of the enact-
ment of the Legal Workforce Act, begin-
ning on the date that is 18 months after 
the date of the enactment of such Act. 
‘‘(iv) With respect to employers hav-
ing one or more employees in the United 
States, but less than 20 employees in the 
United States, on the date of the enact-
ment of the Legal Workforce Act, begin-
ning on the date that is 24 months after 
the date of the enactment of such Act. 
‘‘(B) AGRICULTURAL
LABOR
OR
SERV-
ICES.—With respect to an employee performing 
agricultural labor or services, or an employee 
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recruited or referred by a farm labor contractor 
(as defined in section 3 of the Migrant and Sea-
sonal Agricultural Worker Protection Act (29 
U.S.C. 1801)), subparagraph (A) shall not 
apply with respect to the reverification of the 
employee until the date that is 30 months after 
the date of the enactment of the Legal Work-
force Act. For purposes of the preceding sen-
tence, the term ‘agricultural labor or services’ 
has the meaning given such term by the Sec-
retary of Agriculture in regulations and in-
cludes agricultural labor as defined in section 
3121(g) of the Internal Revenue Code of 1986, 
agriculture as defined in section 3(f) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 
203(f)), the handling, planting, drying, packing, 
packaging, processing, freezing, or grading 
prior to delivery for storage of any agricultural 
or horticultural commodity in its unmanufac-
tured state, all activities required for the prepa-
ration, processing, or manufacturing of a prod-
uct of agriculture (as such term is defined in 
such section 3(f)) for further distribution, and 
activities similar to all the foregoing as they re-
late to fish or shellfish facilities. An employee 
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described in this subparagraph shall not be 
counted for purposes of subparagraph (A). 
‘‘(C) 
REVERIFICATION.—Paragraph 
(1)(C)(ii) shall apply to reverifications pursuant 
to this paragraph on the same basis as it ap-
plies to verifications pursuant to paragraph (1), 
except that employers shall— 
‘‘(i) use a form designated or estab-
lished by the Secretary by regulation for 
purposes of this paragraph; and 
‘‘(ii) retain a paper, microfiche, micro-
film, or electronic version of the form and 
make it available for inspection by officers 
of the Department of Homeland Security, 
the Department of Justice, or the Depart-
ment of Labor during the period beginning 
on the date the reverification commences 
and ending on the date that is the later of 
3 years after the date of such reverification 
or 1 year after the date the individual’s 
employment is terminated. 
‘‘(3) PREVIOUSLY HIRED INDIVIDUALS.— 
‘‘(A) ON A MANDATORY BASIS FOR CER-
TAIN EMPLOYEES.— 
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‘‘(i) IN GENERAL.—Not later than the 
date that is 6 months after the date of the 
enactment of the Legal Workforce Act, an 
employer shall make an inquiry, as pro-
vided 
in 
subsection 
(d), 
using 
the 
verification system to seek verification of 
the identity and employment eligibility of 
any individual described in clause (ii) em-
ployed by the employer whose employment 
eligibility has not been verified under the 
E-Verify Program described in section 
403(a) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note). 
‘‘(ii) INDIVIDUALS
DESCRIBED.—An 
individual described in this clause is any of 
the following: 
‘‘(I) An employee of any unit of 
a Federal, State, or local government. 
‘‘(II) An employee who requires a 
Federal security clearance working in 
a Federal, State, or local government 
building, a military base, a nuclear 
energy site, a weapons site, or an air-
port or other facility that requires 
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workers to carry a Transportation 
Worker 
Identification 
Credential 
(TWIC). 
‘‘(III) An employee assigned to 
perform work in the United States 
under a Federal contract, except that 
this subclause— 
‘‘(aa) is not applicable to in-
dividuals who have a clearance 
under Homeland Security Presi-
dential Directive 12 (HSPD 12 
clearance), are administrative or 
overhead personnel, or are work-
ing solely on contracts that pro-
vide Commercial Off The Shelf 
goods or services as set forth by 
the Federal Acquisition Regu-
latory Council, unless they are 
subject to verification under sub-
clause (II); and 
‘‘(bb) only applies to con-
tracts over the simple acquisition 
threshold as defined in section 
2.101 of title 48, Code of Federal 
Regulations. 
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‘‘(B) ON A MANDATORY BASIS FOR MUL-
TIPLE USERS OF SAME SOCIAL SECURITY AC-
COUNT NUMBER.—In the case of an employer 
who is required by this subsection to use the 
verification system described in subsection (d), 
or has elected voluntarily to use such system, 
the employer shall make inquiries to the system 
in accordance with the following: 
‘‘(i) The Commissioner of Social Secu-
rity shall notify annually employees (at the 
employee address listed on the Wage and 
Tax Statement) who submit a social secu-
rity account number to which more than 
one employer reports income and for which 
there is a pattern of unusual multiple use. 
The notification letter shall identify the 
number of employers to which income is 
being reported as well as sufficient infor-
mation notifying the employee of the proc-
ess to contact the Social Security Adminis-
tration Fraud Hotline if the employee be-
lieves the employee’s identity may have 
been stolen. The notice shall not share in-
formation protected as private, in order to 
avoid any recipient of the notice from 
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being in the position to further commit or 
begin committing identity theft. 
‘‘(ii) If the person to whom the social 
security account number was issued by the 
Social Security Administration has been 
identified and confirmed by the Commis-
sioner, and indicates that the social secu-
rity account number was used without 
their knowledge, the Secretary and the 
Commissioner shall lock the social security 
account number for employment eligibility 
verification purposes and shall notify the 
employers of the individuals who wrong-
fully submitted the social security account 
number that the employee may not be 
work-eligible. 
‘‘(iii) Each employer receiving such 
notification of an incorrect social security 
account number under clause (ii) shall use 
the verification system described in sub-
section (d) to check the work eligibility sta-
tus of the applicable employee within 10 
business days of receipt of the notification. 
‘‘(C) ON A VOLUNTARY BASIS.—Subject to 
paragraph (2), and subparagraphs (A) through 
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(C) of this paragraph, beginning on the date 
that is 30 days after the date of the enactment 
of the Legal Workforce Act, an employer may 
make an inquiry, as provided in subsection (d), 
using the verification system to seek verification 
of the identity and employment eligibility of any 
individual employed by the employer. If an em-
ployer chooses voluntarily to seek verification of 
any individual employed by the employer, the 
employer shall seek verification of all individ-
uals employed at the same geographic location 
or, at the option of the employer, all individuals 
employed within the same job category, as the 
employee with respect to whom the employer 
seeks voluntarily to use the verification system. 
An employer’s decision about whether or not 
voluntarily to seek verification of its current 
workforce under this subparagraph may not be 
considered by any government agency in any 
proceeding, investigation, or review provided for 
in this Act. 
‘‘(D) 
VERIFICATION.—Paragraph 
(1)(C)(ii) shall apply to verifications pursuant 
to this paragraph on the same basis as it ap-
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plies to verifications pursuant to paragraph (1), 
except that employers shall— 
‘‘(i) use a form designated or estab-
lished by the Secretary by regulation for 
purposes of this paragraph; and 
‘‘(ii) retain a paper, microfiche, micro-
film, or electronic version of the form and 
make it available for inspection by officers 
of the Department of Homeland Security, 
the Department of Justice, or the Depart-
ment of Labor during the period beginning 
on the date the verification commences and 
ending on the date that is the later of 3 
years after the date of such verification or 
1 year after the date the individual’s em-
ployment is terminated. 
‘‘(4) EARLY COMPLIANCE.— 
‘‘(A) FORMER E-VERIFY REQUIRED USERS, 
INCLUDING FEDERAL CONTRACTORS.—Notwith-
standing the deadlines in paragraphs (1) and 
(2), beginning on the date of the enactment of 
the Legal Workforce Act, the Secretary is au-
thorized to commence requiring employers re-
quired to participate in the E-Verify Program 
described in section 403(a) of the Illegal Immi-
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gration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1324a note), including 
employers required to participate in such pro-
gram by reason of Federal acquisition laws 
(and regulations promulgated under those laws, 
including the Federal Acquisition Regulation), 
to commence compliance with the requirements 
of this subsection (and any additional require-
ments of such Federal acquisition laws and reg-
ulation) in lieu of any requirement to partici-
pate in the E-Verify Program. 
‘‘(B) 
FORMER
E-VERIFY
VOLUNTARY 
USERS AND OTHERS DESIRING EARLY COMPLI-
ANCE.—Notwithstanding the deadlines in para-
graphs (1) and (2), beginning on the date of 
the enactment of the Legal Workforce Act, the 
Secretary shall provide for the voluntary com-
pliance with the requirements of this subsection 
by employers voluntarily electing to participate 
in the E-Verify Program described in section 
403(a) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note) before such date, as well as by 
other employers seeking voluntary early compli-
ance. 
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‘‘(5) 
COPYING
OF
DOCUMENTATION
PER-
MITTED.—Notwithstanding any other provision of 
law, the person or entity may copy a document pre-
sented by an individual pursuant to this subsection 
and may retain the copy, but only (except as other-
wise permitted under law) for the purpose of com-
plying with the requirements of this subsection. 
‘‘(6) LIMITATION ON USE OF FORMS.—A form 
designated or established by the Secretary of Home-
land Security under this subsection and any infor-
mation contained in or appended to such form, may 
not be used for purposes other than for enforcement 
of this Act and any other provision of Federal crimi-
nal law. 
‘‘(7) GOOD FAITH COMPLIANCE.— 
‘‘(A) IN GENERAL.—Except as otherwise 
provided in this subsection, a person or entity 
is considered to have complied with a require-
ment of this subsection notwithstanding a tech-
nical or procedural failure to meet such require-
ment if there was a good faith attempt to com-
ply with the requirement. 
‘‘(B) EXCEPTION IF FAILURE TO CORRECT 
AFTER
NOTICE.—Subparagraph (A) shall not 
apply if— 
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‘‘(i) the failure is not de minimis; 
‘‘(ii) the Secretary of Homeland Secu-
rity has explained to the person or entity 
the basis for the failure and why it is not 
de minimis; 
‘‘(iii) the person or entity has been 
provided a period of not less than 30 cal-
endar days (beginning after the date of the 
explanation) within which to correct the 
failure; and 
‘‘(iv) the person or entity has not cor-
rected the failure voluntarily within such 
period. 
‘‘(C) EXCEPTION FOR PATTERN OR PRAC-
TICE VIOLATORS.—Subparagraph (A) shall not 
apply to a person or entity that has or is engag-
ing in a pattern or practice of violations of sub-
section (a)(1)(A) or (a)(2). 
‘‘(8) SINGLE EXTENSION OF DEADLINES UPON 
CERTIFICATION.—In a case in which the Secretary 
of Homeland Security has certified to the Congress 
that the employment eligibility verification system 
required under subsection (d) will not be fully oper-
ational by the date that is 6 months after the date 
of the enactment of the Legal Workforce Act, each 
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deadline established under this section for an em-
ployer to make an inquiry using such system shall 
be extended by 6 months. No other extension of such 
a deadline shall be made except as authorized under 
paragraph (1)(D)(iv).’’. 
(b) DATE OF HIRE.—Section 274A(h) of the Immi-
gration and Nationality Act (8 U.S.C. 1324a(h)) is 
amended by adding at the end the following: 
‘‘(4) DEFINITION OF DATE OF HIRE.—As used 
in this section, the term ‘date of hire’ means the 
date of actual commencement of employment for 
wages or other remuneration, unless otherwise speci-
fied.’’. 
SEC. 1403. EMPLOYMENT ELIGIBILITY VERIFICATION SYS-
TEM. 
Section 274A(d) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(d)) is amended to read as follows: 
‘‘(d) EMPLOYMENT ELIGIBILITY VERIFICATION SYS-
TEM.— 
‘‘(1) IN GENERAL.—Patterned on the employ-
ment eligibility confirmation system established 
under section 404 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note), the Secretary of Homeland Security 
shall establish and administer a verification system 
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