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(h) JUDICIAL REVIEW.—(1) Except as provided in paragraph (2) of this
subsection, a person adversely affected by a final order imposing a civil pen-
alty under this section may file a petition for review of the order in the
court of appeals for the appropriate circuit within 45 days after the date
the final order is issued.
(2) An order of the Attorney General issued without a hearing as pro-
vided in subsection (c)(2) of this section is not appealable.
(i) ENFORCEMENT OF ORDERS.—If a person does not comply with a final
order issued under this section, the Attorney General shall bring a civil ac-
tion in an appropriate district court of the United States to seek compliance
with the order. The validity and appropriateness of the order may not be
reviewed in the action.
§ 11106. Criminal penalties and civil actions for pattern or
practice violations
(a) CRIMINAL PENALTY.—A person engaging in a pattern or practice of
violations of section 11102(a)(1)(A) or (2) of this title shall be fined not
more than $3,000 for each unauthorized alien involved in a violation (not-
withstanding the provisions of title 18 on the amount of fines), imprisoned
for not more than 6 months for the entire pattern or practice, or both.
(b) CIVIL ACTIONS.—If the Attorney General has reason to believe that
a person is engaged in a pattern or practice of employment, recruitment,
or referral in violation of section 11102(a)(1)(A) or (2) of this title, the At-
torney General may bring a civil action in the appropriate district court of
the United States for relief the Attorney General considers necessary.
§ 11107. Indemnity prohibition
(a) GENERAL.—A person hiring, recruiting, or referring an individual for
employment may not require the individual to post a bond or security, to
pay or agree to pay an amount, or to give another financial guarantee or
indemnity, against potential liability arising under this chapter related to
the hiring, recruiting, or referral.
(b) CIVIL PENALTY.—After notice and an opportunity for a hearing
under section 11105 of this title, a person found to have violated subsection
(a) of this section—
(1) is liable to the United States Government for a civil penalty of
$1,000; and
(2) may be ordered administratively to return any amount received
in violation of subsection (a) of this section to the individual or, if the
individual cannot be located, to pay that amount to the general fund
of the Treasury.
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§ 11108. Conspicuous statement requirement
In providing for the documentation or endorsement of authorization for
employment in the United States for an alien (except an alien lawfully ad-
mitted for permanent residence), the Attorney General shall provide that a
limitation on the period or type of employment or employer be stated con-
spicuously on the documentation or endorsement.
§ 11109. Preemption of State and local law
This chapter preempts State and local law imposing a civil or criminal
penalty (except through licensing and similar laws) on a person employing,
or recruiting or referring for a fee for employment, an unauthorized alien.
CHAPTER 113—IMMIGRATION-RELATED UNFAIR
EMPLOYMENT PRACTICES
Sec.
11301.
Definitions.
11302.
Immigration-related unfair employment practices.
11303.
Special Counsel for Immigration-Related Unfair Employment Practices.
11304.
Filing charges of unfair practices.
11305.
Investigating charges and filing complaints.
11306.
Hearings on complaints.
11307.
Authority in conducting investigations and hearings.
11308.
Orders of administrative law judges.
11309.
Judicial review of final orders.
11310.
Judicial enforcement of administrative orders.
11311.
Attorney fees.
11312.
Certain agency authority not affected.
§ 11301. Definitions
In this chapter—
(1) ‘‘protected individual’’—
(A) means an individual who is—
(i) a national of the United States; or
(ii) an alien lawfully admitted for permanent residence,
lawfully admitted for temporary residence under section 9302
of this title or section 210(a) or 210A(a) of the Immigration
and Nationality Act (ch. 477, 66 Stat. 163), admitted as a
refugee under section 5105 of this title, or granted asylum
under section 5106 of this title; but
(B) does not include an alien who—
(i) did not apply for naturalization within 6 months after
first becoming eligible (because of a period of lawful perma-
nent residence) to apply, or, if later, before May 7, 1987; or
(ii) timely applied but was not naturalized within 2 years
after applying (excluding time taken by the Immigration and
Naturalization Service in processing the application), unless
the alien establishes that the alien is actively pursuing natu-
ralization.