I
105TH CONGRESS
1ST SESSION
H. R. 470
To curtail illegal immigration through increased enforcement of the employer
sanctions provisions in the Immigration and Nationality Act and related
laws.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 21, 1997
Mr. FILNER introduced the following bill; which was referred to the Commit-
tee on the Judiciary, and in addition to the Committee on Education and
the Workforce, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned
A BILL
To curtail illegal immigration through increased enforcement
of the employer sanctions provisions in the Immigration
and Nationality Act and related 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
‘‘Eliminate the Magnet for Illegal Immigration Act of
1997’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Increase in INS investigators to enforce employer sanctions.
Sec. 3. Increase in Department of Labor investigators to enforce labor stand-
ards.
Sec. 4. Increase in investigators in Office of Special Counsel for Immigration-
Related Unfair Employment Practices to enforce antidiscrimi-
nation provisions.
Sec. 5. Subpoena and related authority.
Sec. 6. Reducing the number of employment verification documents.
Sec. 7. Increasing penalties for document fraud.
Sec. 8. Joint targeted efforts by the INS and the Department of Labor to in-
vestigate employer sanctions and labor standards.
Sec. 9. Employer education.
Sec. 10. Increasing civil money penalties for hiring, recruiting, and referral vio-
lations.
Sec. 11. Increasing penalties for repeated or willful violations of labor stand-
ards.
Sec. 12. Increasing civil money penalties for unfair immigration-related employ-
ment practices.
Sec. 13. Immigration-related discrimination.
Sec. 14. Definitions.
SEC. 2. INCREASE IN INS INVESTIGATORS TO ENFORCE EM-
PLOYER SANCTIONS.
(a) IN GENERAL.—In addition to such amounts as
are otherwise authorized to be appropriated, there are au-
thorized to be appropriated for each of the fiscal years
1998 and 1999 for hiring, training, salaries and expenses
of personnel of the Immigration and Naturalization Serv-
ice such amounts as may be necessary—
(1) to provide for an increase each year in the
number of investigators of such Service by 365 full-
time equivalent investigator positions above the
number of such positions authorized as of October 1,
1996; and
(2) to provide such personnel and resources as
are necessary to assist the additional investigators in
the enforcement of employer sanctions (as defined in
section 14(1)).
(b) DUTIES.—The additional investigators provided
for in subsection (a) shall be assigned to investigate viola-
tions of employer sanctions with priority given to areas
where there are high concentrations of unauthorized aliens
(as defined in section 14(4)) who are employed.
SEC. 3. INCREASE IN DEPARTMENT OF LABOR INVESTIGA-
TORS TO ENFORCE LABOR STANDARDS.
(a) IN GENERAL.—In addition to such amounts as
are otherwise authorized to be appropriated, there are au-
thorized to be appropriated for each of the fiscal years
1998 and 1999 for hiring, training, salaries, and expenses
of personnel of the Employment Standards Administration
of the Department of Labor such amounts as may be nec-
essary—
(1) to provide for an increase each year in the
number of investigators of such Administration by
300 full-time equivalent investigator positions above
the number of such positions authorized as of Octo-
ber 1, 1996; and
(2) to provide such support personnel and re-
sources as are necessary to assist the additional in-
vestigators in the enforcement of labor standards (as
defined in section 14(3)).
(b) DUTIES.—The additional investigators provided
for in subsection (a) shall be assigned to investigate viola-
tions of labor standards with priority given to areas where
there are high concentrations of unauthorized aliens who
are employed.
SEC. 4. INCREASE IN INVESTIGATORS IN OFFICE OF SPE-
CIAL COUNSEL FOR IMMIGRATION-RELATED
UNFAIR EMPLOYMENT PRACTICES TO EN-
FORCE ANTIDISCRIMINATION PROVISIONS.
(a) IN GENERAL.—In addition to such amounts as
are otherwise authorized to be appropriated, there are au-
thorized to be appropriated for each of the fiscal years
1998 and 1999 for hiring, training, salaries, and expenses
of personnel of the Office of Special Counsel for Immigra-
tion-Related Unfair Employment Practices in the Depart-
ment of Justice such amounts as may be necessary—
(1) to provide for an increase in the number of
investigators of such Office by 50 full-time equiva-
lent investigator positions above the number of such
positions authorized as of October 1, 1996; and
(2) to provide such support personnel and re-
sources as are necessary to assist the additional in-
vestigators in the enforcement of immigration-relat-
ed antidiscrimination provisions (as defined in sec-
tion 12(2)).
(b) DUTIES.—The additional investigators provided
for in subsection (a) shall be assigned to investigate and
prosecute violations of immigration-related antidiscrimina-
tion provisions.
SEC. 5. SUBPOENA AND RELATED AUTHORITY.
(a) SUBPOENA AUTHORITY FOR DESIGNATED IMMI-
GRATION
OFFICERS.—Sections 
274A(e)(2) 
and
274C(d)(1) of the Immigration and Nationality Act (8
U.S.C. 1324a(e)(2), 1324c(d)(1)) are each amended—
(1) in subparagraph (A), by striking ‘‘and’’ at
the end;
(2) in subparagraph (B), by striking the period
and inserting ‘‘, and’’; and
(3) by inserting after subparagraph (B) the fol-
lowing new subparagraph:
‘‘(C) immigration officers designated by
the Commissioner may compel by subpoena the
attendance of witnesses and the production of
evidence at any designated place prior to the
date notice of an intention to impose an order
under this subsection is provided.’’.
(b) SECRETARY OF LABOR AUTHORITY.—
(1) IN GENERAL.—Title II of the Immigration
and Nationality Act is amended by adding at the
end the following new section:
‘‘SECRETARY OF LABOR AUTHORITY
‘‘SEC. 294. (a) SUBPOENA AUTHORITY.—The Sec-
retary of Labor may issue subpoenas requiring the attend-
ance and testimony of witnesses or the production of any
records, books, papers, or documents in connection with
any investigation or hearing conducted in the enforcement
of any immigration program for which the Secretary of
Labor has been delegated enforcement authority under
this title.
‘‘(b) AUTHORITY IN HEARINGS.—In such a hearing,
the Secretary of Labor may administer oaths, examine
witnesses, and receive evidence.
‘‘(c) ENFORCEMENT FOR SUBPOENAS.—In case of
contumacy or refusal to obey a subpoena lawfully issued
under this section and upon application of the Secretary
of Labor, an appropriate district court of the United
States may issue an order requiring compliance with such
subpoena and any failure to obey such order may be pun-
ished by such court as a contempt thereof.’’.
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended by inserting after the
item relating to section 293 the following:
‘‘Sec. 294. Secretary of Labor authority.’’.
years’’ and by adding at the end the following new
provision:
‘‘Notwithstanding any other provision of this title, the
maximum term of imprisonment that may be imposed for
an offense under this section—
‘‘(1) if committed to facilitate a drug traffick-
ing crime (as defined in section 929(a)) is 15 years;
and
‘‘(2) if committed to facilitate an act of inter-
national terrorism (as defined in section 2331) is 20
years.’’.
(2) CHANGES TO THE SENTENCING LEVELS.—
Pursuant to section 994 of title 28, United States
Code, and section 21 of the Sentencing Act of 1987,
the United States Sentencing Commission shall
promptly promulgate guidelines, or amend existing
guidelines, to make appropriate increases in the base
offense levels for offenses under section 1028(a) of
title 18, United States Code.
(b) CIVIL PENALTIES.—
(1) ACTIVITIES PROHIBITED.—Section 274C(a)
of the Immigration and Nationality Act (8 U.S.C.
1324c(a)) is amended—
(A) in paragraph (3), by striking ‘‘or’’ at
the end;
(B) in paragraph (4), by striking the pe-
riod and inserting ‘‘, or’’; and
(C) by adding at the end the following:
‘‘(5) to present before boarding a common car-
rier for the purpose of coming to the United States
a document that relates to the alien’s eligibility to
enter the United States and to fail to present such
document to an immigration officer upon arrival at
a United States port of entry, or
‘‘(6) in reckless disregard of the fact that the
information is false or does not relate to the appli-
cant, to prepare, to file, or to assist another in pre-
paring or filing, documents which are falsely made
for the purpose of satisfying a requirement of this
Act.
The Attorney General may waive the penalties of this sec-
tion with respect to an alien who knowingly violates para-
graph (5) if the alien is subsequently granted asylum
under section 208 or withholding of deportation under sec-
tion 243(h). For the purposes of this section, a document
relating to an individual shall be considered to be ‘falsely’
made if the document was prepared with knowledge or in
reckless disregard of the fact that the document contains
false, fictitious, or fraudulent information or material mis-
representation, or fails to include a material fact pertain-
ing to the individual.’’.
(2) 
CONFORMING
AMENDMENTS.—Section
274C(d)(3) of such Act (8 U.S.C. 1324c(d)(3)) is
amended by striking ‘‘each document used, accepted,
or created and each instance of use, acceptance, or
recreation’’ each place it appears in subparagraphs
(A) and (B) and inserting ‘‘each document that is
the subject of a violation under subsection (a)’’.
(c) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall apply with respect to viola-
tions that occur on or after the end of the 6-month period
beginning on the date of the enactment of this Act.
SEC. 8. JOINT TARGETED EFFORTS BY THE INS AND THE
DEPARTMENT OF LABOR TO INVESTIGATE
EMPLOYER SANCTIONS AND LABOR STAND-
ARDS.
(a) IN GENERAL.—The Secretary of Labor shall es-
tablish, in consultation with the Commissioner of Immi-
gration and Naturalization and not later than 3 months
after the date of the enactment of this Act, programs for
the Immigration and Naturalization Service and Depart-
ment of Labor to jointly investigate violations of employer
sanctions and labor standards and target areas where
there are high concentrations of unauthorized aliens who
are employed.
(b) PERFORMANCE
REVIEW.—Not later than 6
months after the date the Secretary of Labor and the
Commissioner of Immigration and Naturalization have es-
tablished the programs referred to in subsection (a), the
National Performance Review in the Office of the Vice-
President shall assess the programs and identify the best
strategies for targeting industries likely to violate both em-
ployer sanctions and labor standards.
SEC. 9. EMPLOYER EDUCATION.
The Attorney General, in consultation with the Sec-
retary of Labor, the Small Business Administrator, and
the Commissioner of Internal Revenue, shall conduct a na-
tionwide program to inform employers about their respon-
sibilities concerning employer sanctions, labor standards,
and immigration-related antidiscrimination provisions.
SEC. 10. INCREASING CIVIL MONEY PENALTIES FOR HIR-
ING, RECRUITING, AND REFERRAL VIOLA-
TIONS.
(a) IN GENERAL.—Subparagraph (A) of section
274A(e)(4) of the Immigration and Nationality Act (8
U.S.C. 1324a(e)(4)) is amended—
(1) in clause (i), by striking ‘‘$250 and not
more than $2,000’’ and inserting ‘‘$1,000 and not
more than $3,000’’;
(2) in clause (ii), by striking ‘‘$2,000 and not
more than $5,000’’ and inserting ‘‘$3,000 and not
more than $8,000’’; and
(3) in clause (iii), by striking ‘‘3,000 and not
more than $10,000’’ and inserting ‘‘$10,000 and not
more than $25,000’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply with respect to violations that
occur on or after the end of the 6-month period beginning
on the date of the enactment of this Act.
SEC. 11. INCREASING PENALTIES FOR REPEATED OR WILL-
FUL VIOLATIONS OF LABOR STANDARDS.
(a) IN GENERAL.—Section 274A(h) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324a(h)) is amended
by adding at the end the following new paragraph:
‘‘(4) INCREASED PENALTIES.—In the case of a
person or entity that has been found through a final
administrative determination or determination by a
court (which finding has not been reversed) to have
willfully or repeatedly violated one or more labor
standards with respect to an unauthorized alien who
is employed, each dollar amount specified in sub-
sections (e)(4), (e)(5), and (g)(2) shall be twice the
dollar amount otherwise specified for violation occur-
ring during the 10-year period beginning on the date
of such determination.’’.
(b) CONFORMING AMENDMENTS.—Section 274A of
such Act (8 U.S.C. 1324a) is amended—
(1) in paragraphs (4)(A) and (5) of subsection
(e), by inserting ‘‘(subject to subsection (h)(4))’’
after ‘‘in an amount’’; and
(2) in subsection (g)(2), by striking ‘‘of
$1,000’’ and inserting ‘‘in an amount (subject to
subsection (h)(4)) equal to $1,000’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to violations of em-
ployer sanctions that occur on or after the end of the 6-
month period beginning on the date of the enactment of
this Act, but shall not apply to violations of labor stand-
ards occurring before the date of the enactment of this
Act.
SEC. 12. INCREASING CIVIL MONEY PENALTIES FOR UN-
FAIR IMMIGRATION-RELATED EMPLOYMENT
PRACTICES.
(a) 
IN
GENERAL.—Clause 
(iv) 
of 
section
274B(g)(2)(B) of the Immigration and Nationality Act (8
U.S.C. 1324b(g)(2)(B)) is amended—
(1) in subclause (I), by striking ‘‘$250 and not
more than $2,000’’ and inserting ‘‘$1,000 and not
more than $3,000’’;
(2) in subclause (II), by striking ‘‘$2,000 and
not more than $5,000’’ and inserting ‘‘$3,000 and
not more than $8,000’’;
(3) in subclause (III), by striking ‘‘3,000 and
not more than $10,000’’ and inserting ‘‘$10,000 and
not more than $25,000’’; and
(4) in subclause (IV), by striking ‘‘100 and not
more than $1,000’’ and inserting ‘‘$200 and not
more than $5,000’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply with respect to violations that
occur on or after the end of the 6-month period beginning
on the date of the enactment of this Act.
SEC. 13. IMMIGRATION-RELATED DISCRIMINATION.
(a) STUDY.—The Attorney General shall provide for
a study on the effect increased enforcement of employer
sanctions has on discrimination in the workplace based on
national origin or citizenship since 1989.
(b) REPORT.—Not later than 2 years after the date
of the enactment of this Act, the Attorney General shall
submit to Congress a report on the study under subsection
(a). Such report shall include recommendations regarding
how such discrimination may be prevented.
SEC. 14. DEFINITIONS.
For purposes of this Act:
(1) EMPLOYER
SANCTIONS.—The term ‘‘em-
ployer sanctions’’ means the requirements of section
274A of the Immigration and Nationality Act (8
U.S.C. 1324a).
(2) IMMIGRATION-RELATED
ANTIDISCRIMINA-
TION PROVISIONS.—The term ‘‘immigration-related
antidiscrimination provisions’’ means the provisions
of section 274B of the Immigration and Nationality
Act (8 U.S.C. 1324b).
(3) LABOR
STANDARDS.—The term ‘‘labor
standards’’ includes requirements of the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.), the
Migrant and Seasonal Agricultural Worker Protec-
tion Act (29 U.S.C. 1801 et seq.), and the Family
and Medical Leave Act of 1993 (29 U.S.C. 2601 et.
seq.).
(4) UNAUTHORIZED ALIEN.—The term ‘‘unau-
thorized alien’’ has the meaning given such term in
section 274A(h)(3) of the Immigration and Nation-
ality Act (8 U.S.C. 1324a(h)(3)).
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