I 
115TH CONGRESS 
2D SESSION 
H. R. 6318 
To amend section 275(a) of the Immigration and Nationality Act to change 
the first commission of one of the criminal offenses described in that 
section from a misdemeanor to a felony, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 10, 2018 
Mrs. BLACK introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Education 
and the Workforce, Ways and Means, and Appropriations, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To amend section 275(a) of the Immigration and Nationality 
Act to change the first commission of one of the criminal 
offenses described in that section from a misdemeanor 
to a felony, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
TITLE I—GENERAL PROVISIONS 
SECTION 101. SHORT TITLE. 
This title may be cited as the ‘‘Zero Tolerance for 
Illegal Entry Act’’. 
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SEC. 102. CHANGE IN CRIMINAL PENALTIES. 
Section 275 of the Immigration and Nationality Act 
(8 U.S.C. 1325) is amended— 
(1) by striking ‘‘not more than 6 months,’’ and 
inserting ‘‘not less than 1 year and 1 day,’’; and 
(2) by adding at the end the following: 
‘‘(e) Nothing in this section shall be construed as lim-
iting the authority of the Secretary of Homeland Security, 
in the Secretary’s sole unreviewable discretion, to deter-
mine whether an alien described in clause (ii) of section 
235(b)(1)(B) shall be detained or released after a finding 
of a credible fear of persecution (as defined in clause (v) 
of such section).’’. 
SEC. 103. REDIRECTING FUNDS FROM SANCTUARY JURIS-
DICTIONS. 
(a) IN GENERAL.—Amounts appropriated for each 
sanctuary jurisdiction for fiscal year 2018 and each subse-
quent fiscal year under title II of the Public Works and 
Economic Development Act of 1965 (42 U.S.C. 3141 et 
seq.) and title I of the Housing and Community Develop-
ment Act of 1974 (42 U.S.C. 5301et seq.) shall be with-
held and transferred to the Secretary of Homeland Secu-
rity for use by U.S. Immigration and Customs Enforce-
ment to enforce the Federal laws governing border control, 
immigration, customs, and trade in order to ensure home-
land security and public safety. 
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(b) SANCTUARY JURISDICTION DEFINED.— 
(1) IN GENERAL.—Except as provided under 
paragraph (2), for purposes of subsection (a), the 
term ‘‘sanctuary jurisdiction’’ means any State or 
political subdivision of a State that has in effect a 
statute, ordinance, policy, or practice that prohibits 
or restricts any government entity or official from— 
(A) sending, receiving, maintaining, or ex-
changing with any Federal, State, or local gov-
ernment entity information regarding the citi-
zenship or immigration status (lawful or unlaw-
ful) of any individual; or 
(B) complying with a request lawfully 
made by the Department of Homeland Security 
under section 236 or 287 of the Immigration 
and Nationality Act (8 U.S.C. 1226 and 1357) 
to comply with a detainer for, or notify about 
the release of, an individual. 
(2) EXCEPTION.—A State or political subdivi-
sion of a State shall not be deemed a sanctuary ju-
risdiction based solely on its having a policy whereby 
its officials will not share information regarding, or 
comply with a request made by the Department of 
Homeland Security under section 236 or 287 of the 
Immigration and Nationality Act (8 U.S.C. 1226 
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and 1357) to comply with a detainer regarding, an 
individual who comes forward as a victim or a wit-
ness to a criminal offense. 
TITLE 
II—ACCOUNTABILITY 
THROUGH 
ELECTRONIC 
VERIFICATION ACT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Accountability 
Through Electronic Verification Act’’. 
SEC. 202. PERMANENT REAUTHORIZATION. 
Section 401(b) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Pub-
lic Law 104–208; 8 U.S.C. 1324a note) is amended by 
striking ‘‘Unless the Congress otherwise provides, the Sec-
retary of Homeland Security shall terminate a pilot pro-
gram on September 30, 2015.’’. 
SEC. 203. MANDATORY USE OF E-VERIFY. 
(a) FEDERAL GOVERNMENT.—Section 402(e)(1) of 
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1324a note) is amended— 
(1) by amending subparagraph (A) to read as 
follows: 
‘‘(A) 
EXECUTIVE
DEPARTMENTS
AND 
AGENCIES.—Each department and agency of 
the Federal Government shall participate in E- 
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Verify by complying with the terms and condi-
tions set forth in this section.’’; and 
(2) in subparagraph (B), by striking ‘‘, that 
conducts hiring in a State’’ and all that follows and 
inserting ‘‘shall participate in E-Verify by complying 
with the terms and conditions set forth in this sec-
tion.’’. 
(b) FEDERAL CONTRACTORS; CRITICAL EMPLOY-
ERS.—Section 402(e) of such Act, as amended by sub-
section (a), is further amended— 
(1) by redesignating paragraphs (2) and (3) as 
paragraphs (4) and (5), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) UNITED STATES CONTRACTORS.—Any per-
son, employer, or other entity that enters into a con-
tract with the Federal Government shall participate 
in E-Verify by complying with the terms and condi-
tions set forth in this section. 
‘‘(3) DESIGNATION OF CRITICAL EMPLOYERS.— 
Not later than 7 days after the date of the enact-
ment of this paragraph, the Secretary of Homeland 
Security shall— 
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‘‘(A) conduct an assessment of employers 
that are critical to the homeland security or na-
tional security needs of the United States; 
‘‘(B) designate and publish a list of em-
ployers and classes of employers that are 
deemed to be critical pursuant to the assess-
ment conducted under subparagraph (A); and 
‘‘(C) require that critical employers des-
ignated pursuant to subparagraph (B) partici-
pate in E-Verify by complying with the terms 
and conditions set forth in this section not later 
than 30 days after the Secretary makes such 
designation.’’. 
(c) ALL EMPLOYERS.—Section 402 of such Act, as 
amended by this section, is further amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) MANDATORY PARTICIPATION IN E-VERIFY.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), all employers in the United States shall 
participate in E-Verify, with respect to all employees 
recruited, referred, or hired by such employer on or 
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after the date that is 1 year after the date of the 
enactment of this subsection. 
‘‘(2) USE OF CONTRACT LABOR.—Any employer 
who uses a contract, subcontract, or exchange to ob-
tain the labor of an individual in the United States 
shall certify in such contract, subcontract, or ex-
change that the employer uses E-Verify. If such cer-
tification is not included in a contract, subcontract, 
or exchange, the employer shall be deemed to have 
violated paragraph (1). 
‘‘(3) INTERIM MANDATORY PARTICIPATION.— 
‘‘(A) IN GENERAL.—Before the date set 
forth in paragraph (1), the Secretary of Home-
land Security shall require any employer or 
class of employers to participate in E-Verify, 
with respect to all employees recruited, referred, 
or hired by such employer if the Secretary has 
reasonable cause to believe that the employer is 
or has been engaged in a material violation of 
section 274A of the Immigration and Nation-
ality Act (8 U.S.C. 1324a). 
‘‘(B) NOTIFICATION.—Not later than 14 
days before an employer or class of employers 
is required to begin participating in E-Verify 
pursuant to subparagraph (A), the Secretary 
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shall provide such employer or class of employ-
ers with— 
‘‘(i) written notification of such re-
quirement; and 
‘‘(ii) appropriate training materials to 
facilitate compliance with such require-
ment.’’. 
SEC. 204. CONSEQUENCES OF FAILURE TO PARTICIPATE. 
(a) IN GENERAL.—Section 402(e)(5) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1324a note), as redesignated by section 
203(b)(1), is amended to read as follows: 
‘‘(5) CONSEQUENCES OF FAILURE TO PARTICI-
PATE.—If a person or other entity that is required 
to participate in E-Verify fails to comply with the 
requirements under this title with respect to an indi-
vidual— 
‘‘(A) such failure shall be treated as a vio-
lation of section 274A(a)(1)(B) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324a) with 
respect to such individual; and 
‘‘(B) a rebuttable presumption is created 
that the person or entity has violated section 
274A(a)(1)(A) of such Act.’’. 
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(b) PENALTIES.—Section 274A of the Immigration 
and Nationality Act (8 U.S.C. 1324a) is amended— 
(1) in subsection (e)— 
(A) in paragraph (4)— 
(i) in subparagraph (A)— 
(I) in the matter preceding clause 
(i), by inserting ‘‘, subject to para-
graph (10),’’ after ‘‘in an amount’’; 
(II) in clause (i), by striking ‘‘not 
less than $250 and not more than 
$2,000’’ and inserting ‘‘not less than 
$2,500 and not more than $5,000’’; 
(III) in clause (ii), by striking 
‘‘not less than $2,000 and not more 
than $5,000’’ and inserting ‘‘not less 
than $5,000 and not more than 
$10,000’’; and 
(IV) in clause (iii), by striking 
‘‘not less than $3,000 and not more 
than $10,000’’ and inserting ‘‘not less 
than $10,000 and not more than 
$25,000’’; and 
(ii) by amending subparagraph (B) to 
read as follows: 
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‘‘(B) may require the person or entity to 
take such other remedial action as is appro-
priate.’’; 
(B) in paragraph (5)— 
(i) by inserting ‘‘, subject to para-
graphs (10) through (12),’’ after ‘‘in an 
amount’’; 
(ii) by striking ‘‘$100 and not more 
than $1,000’’ and inserting ‘‘$1,000 and 
not more than $25,000’’; 
(iii) by striking ‘‘the size of the busi-
ness of the employer being charged, the 
good faith of the employer’’ and inserting 
‘‘the good faith of the employer being 
charged’’; and 
(iv) by adding at the end the fol-
lowing: ‘‘Failure by a person or entity to 
utilize 
the 
employment 
eligibility 
verification system as required by law, or 
providing information to the system that 
the person or entity knows or reasonably 
believes to be false, shall be treated as a 
violation of subsection (a)(1)(A).’’; and 
(C) by adding at the end the following: 
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‘‘(10) EXEMPTION
FROM
PENALTY.—In the 
case of the imposition of a civil penalty under para-
graph (4)(A) with respect to a violation of para-
graph (1)(A) or (2) of subsection (a) for hiring, con-
tinuation of employment, recruitment, or referral by 
a person or entity and, in the case of the imposition 
of a civil penalty under paragraph (5) for a violation 
of subsection (a)(1)(B) for hiring, recruitment, or 
referral by a person or entity, the penalty otherwise 
imposed may be waived or reduced if the violator es-
tablishes that the violator acted in good faith. 
‘‘(11) AUTHORITY TO DEBAR EMPLOYERS FOR 
CERTAIN VIOLATIONS.— 
‘‘(A) IN GENERAL.—If a person or entity 
is determined by the Secretary of Homeland Se-
curity to be a repeat violator of paragraph 
(1)(A) or (2) of subsection (a), or is convicted 
of a crime under this section, such person or 
entity may be considered for debarment from 
the receipt of Federal contracts, grants, or co-
operative agreements in accordance with the de-
barment standards and pursuant to the debar-
ment procedures set forth in the Federal Acqui-
sition Regulation. 
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‘‘(B) DOES NOT HAVE CONTRACT, GRANT, 
AGREEMENT.—If the Secretary of Homeland 
Security or the Attorney General wishes to have 
a person or entity considered for debarment in 
accordance with this paragraph, and such a 
person or entity does not hold a Federal con-
tract, grant or cooperative agreement, the Sec-
retary or the Attorney General shall refer the 
matter to the Administrator of General Services 
to determine whether to list the person or entity 
on the List of Parties Excluded from Federal 
Procurement, and if so, for what duration and 
under what scope. 
‘‘(C) HAS
CONTRACT, 
GRANT, 
AGREE-
MENT.—If the Secretary of Homeland Security 
or the Attorney General wishes to have a per-
son or entity considered for debarment in ac-
cordance with this paragraph, and such person 
or entity holds a Federal contract, grant or co-
operative agreement, the Secretary or the At-
torney General shall advise all agencies or de-
partments holding a contract, grant, or cooper-
ative agreement with the person or entity of the 
Government’s interest in having the person or 
entity considered for debarment, and after solic-
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iting and considering the views of all such agen-
cies and departments, the Secretary or the At-
torney General may waive the operation of this 
paragraph or refer the matter to any appro-
priate lead agency to determine whether to list 
the person or entity on the List of Parties Ex-
cluded from Federal Procurement, and if so, for 
what duration and under what scope. 
‘‘(D) REVIEW.—Any decision to debar a 
person or entity under in accordance with this 
paragraph shall be reviewable pursuant to part 
9.4 of the Federal Acquisition Regulation.’’; 
and 
(2) in subsection (f)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) CRIMINAL PENALTY.—Any person or enti-
ty which engages in a pattern or practice of viola-
tions of subsection (a)(1) or (2) shall be fined not 
more than $15,000 for each unauthorized alien with 
respect to which such a violation occurs, imprisoned 
for not less than 1 year and not more than 10 years, 
or both, notwithstanding the provisions of any other 
Federal law relating to fine levels.’’; and 
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(B) in paragraph (2), by striking ‘‘Attor-
ney General’’ each place it appears and insert-
ing ‘‘Secretary of Homeland Security’’. 
SEC. 205. PREEMPTION; LIABILITY. 
Section 402 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note), as amended by this title, is further amended by add-
ing at the end the following: 
‘‘(h) LIMITATION ON STATE AUTHORITY.— 
‘‘(1) PREEMPTION.—A State or local govern-
ment may not prohibit a person or other entity from 
verifying the employment authorization of new hires 
or current employees through E-Verify. 
‘‘(2) LIABILITY.—A person or other entity that 
participates in E-Verify may not be held liable under 
any Federal, State, or local law for any employment- 
related action taken with respect to the wrongful 
termination of an individual in good faith reliance on 
information provided through E-Verify.’’. 
SEC. 206. EXPANDED USE OF E-VERIFY. 
Section 403(a)(3)(A) of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note) is amended to read as follows: 
‘‘(A) IN GENERAL.— 
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‘‘(i) BEFORE HIRING.—The person or 
other entity may verify the employment eli-
gibility of an individual through E-Verify 
before the individual is hired, recruited, or 
referred if the individual consents to such 
verification. If an employer receives a ten-
tative nonconfirmation for an individual, 
the employer shall comply with procedures 
prescribed by the Secretary of Homeland 
Security, including— 
‘‘(I) providing the individual em-
ployees with private, written notifica-
tion of the finding and written refer-
ral instructions; 
‘‘(II) allowing the individual to 
contest the finding; and 
‘‘(III) not taking adverse action 
against the individual if the individual 
chooses to contest the finding. 
‘‘(ii) AFTER EMPLOYMENT OFFER.— 
The person or other entity shall verify the 
employment eligibility of an individual 
through E-Verify not later than 3 days 
after the date of the hiring, recruitment, or 
referral, as the case may be. 
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‘‘(iii) 
EXISTING
EMPLOYEES.—Not 
later than 3 years after the date of the en-
actment of the Accountability Through 
Electronic Verification Act, the Secretary 
shall require all employers to use E-Verify 
to verify the identity and employment eligi-
bility of any individual who has not been 
previously verified by the employer through 
E-Verify.’’. 
SEC. 207. REVERIFICATION. 
Section 403(a) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note), as amended by section 206, is further amended by 
adding at the end the following: 
‘‘(5) REVERIFICATION.—Each person or other 
entity participating in E-Verify shall use the E- 
Verify confirmation system to reverify the work au-
thorization of any individual not later than 3 days 
after the date on which such individual’s employ-
ment authorization is scheduled to expire (as indi-
cated by the Secretary or the documents provided to 
the employer pursuant to section 274A(b) of the Im-
migration and Nationality Act (8 U.S.C. 1324a(b))), 
in accordance with the procedures set forth in this 
subsection and section 402.’’. 
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SEC. 208. HOLDING EMPLOYERS ACCOUNTABLE. 
(a) CONSEQUENCES
OF NONCONFIRMATION.—Sec-
tion 403(a)(4)(C) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note) is amended to read as follows: 
‘‘(C) CONSEQUENCES
OF
NONCONFIRMA-
TION.— 
‘‘(i) TERMINATION
AND
NOTIFICA-
TION.—If the person or other entity re-
ceives a final nonconfirmation regarding an 
individual, 
the 
employer 
shall 
imme-
diately— 
‘‘(I) terminate the employment, 
recruitment, or referral of the indi-
vidual; and 
‘‘(II) submit to the Secretary any 
information relating to the individual 
that the Secretary determines would 
assist the Secretary in enforcing or 
administering United States immigra-
tion laws. 
‘‘(ii) CONSEQUENCE
OF
CONTINUED 
EMPLOYMENT.—If the person or other en-
tity continues to employ, recruit, or refer 
the individual after receiving final noncon-
firmation, a rebuttable presumption is cre-
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ated that the employer has violated section 
274A of the Immigration and Nationality 
Act (8 U.S.C. 1324a).’’. 
(b) INTERAGENCY NONCONFIRMATION REPORT.— 
Section 405 of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
is amended by adding at the end the following: 
‘‘(c) INTERAGENCY NONCONFIRMATION REPORT.— 
‘‘(1) IN GENERAL.—The Director of U.S. Citi-
zenship and Immigration Services shall submit a 
weekly report to the Assistant Secretary of Immigra-
tion and Customs Enforcement that includes, for 
each individual who receives final nonconfirmation 
through E-Verify— 
‘‘(A) the name of such individual; 
‘‘(B) his or her Social Security number or 
alien file number; 
‘‘(C) the name and contact information for 
his or her current employer; and 
‘‘(D) any other critical information that 
the Assistant Secretary determines to be appro-
priate. 
‘‘(2) USE OF WEEKLY REPORT.—The Secretary 
of Homeland Security shall use information provided 
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under paragraph (1) to enforce compliance of the 
United States immigration laws.’’. 
SEC. 209. INFORMATION SHARING. 
The Commissioner of Social Security, the Secretary 
of Homeland Security, and the Secretary of the Treasury 
shall jointly establish a program to share information 
among such agencies that may or could lead to the identi-
fication of unauthorized aliens (as defined under section 
274A(h)(3) of the Immigration and Nationality Act (8 
U.S.C. 1324a(h)(3)), including no-match letters and any 
information in the earnings suspense file. Nothing in the 
preceding sentence shall be construed to permit or allow 
any department, bureau, or other agency of the United 
States Government to utilize any information, data base, 
or other records assembled under the preceding sentence 
for any purpose other than as provided for under the pre-
ceding sentence. 
SEC. 210. FORM I–9 PROCESS. 
Not later than 9 months after date of the enactment 
of this Act, the Secretary of Homeland Security shall sub-
mit a report to Congress that contains recommendations 
for— 
(1) modifying and simplifying the process by 
which employers are required to complete and retain 
a Form I–9 for each employee pursuant to section 
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274A of the Immigration and Nationality Act (8 
U.S.C. 1324a); and 
(2) eliminating the process described in para-
graph (1). 
SEC. 211. ALGORITHM. 
Section 404(d) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note) is amended to read as follows: 
‘‘(d) DESIGN
AND OPERATION
OF SYSTEM.—E- 
Verify shall be designed and operated— 
‘‘(1) to maximize its reliability and ease of use 
by employers; 
‘‘(2) to insulate and protect the privacy and se-
curity of the underlying information; 
‘‘(3) to maintain appropriate administrative, 
technical, and physical safeguards to prevent unau-
thorized disclosure of personal information; 
‘‘(4) to respond accurately to all inquiries made 
by employers on whether individuals are authorized 
to be employed; 
‘‘(5) to register any time when E-Verify is un-
able to receive inquiries; 
‘‘(6) to allow for auditing use of the system to 
detect fraud and identify theft; 
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‘‘(7) to preserve the security of the information 
in all of the system by— 
‘‘(A) developing and using algorithms to 
detect potential identity theft, such as multiple 
uses of the same identifying information or doc-
uments; 
‘‘(B) developing and using algorithms to 
detect misuse of the system by employers and 
employees; 
‘‘(C) developing capabilities to detect 
anomalies in the use of the system that may in-
dicate potential fraud or misuse of the system; 
and 
‘‘(D) auditing documents and information 
submitted by potential employees to employers, 
including authority to conduct interviews with 
employers and employees; 
‘‘(8) to confirm identity and work authorization 
through verification of records maintained by the 
Secretary, other Federal departments, States, the 
Commonwealth of the Northern Mariana Islands, or 
an outlying possession of the United States, as de-
termined necessary by the Secretary, including— 
‘‘(A) records maintained by the Social Se-
curity Administration; 
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‘‘(B) birth and death records maintained 
by vital statistics agencies of any State or other 
jurisdiction in the United States; 
‘‘(C) passport and visa records (including 
photographs) maintained by the Department of 
State; and 
‘‘(D) State driver’s license or identity card 
information (including photographs) maintained 
by State department of motor vehicles; 
‘‘(9) to electronically confirm the issuance of 
the employment authorization or identity document; 
and 
‘‘(10) to display the digital photograph that the 
issuer placed on the document so that the employer 
can compare the photograph displayed to the photo-
graph on the document presented by the employee 
or, in exceptional cases, if a photograph is not avail-
able from the issuer, to provide for a temporary al-
ternative procedure, specified by the Secretary, for 
confirming the authenticity of the document.’’. 
SEC. 212. IDENTITY THEFT. 
Section 1028 of title 18, United States Code, is 
amended— 
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(1) in subsection (a)(7), by striking ‘‘of another 
person’’ and inserting ‘‘that is not his or her own’’; 
and 
(2) in subsection (b)(3)— 
(A) in subparagraph (B), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (C), by adding ‘‘or’’ 
at the end; and 
(C) by adding at the end the following: 
‘‘(D) to facilitate or assist in harboring or 
hiring unauthorized workers in violation of sec-
tion 274, 274A, or 274C of the Immigration 
and Nationality Act (8 U.S.C. 1324, 1324a, 
and 1324c).’’. 
Æ 
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