[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 103 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 103

  To amend the Immigration and Nationality Act to provide additional 
            measures for the control of illegal immigration.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

  Mr. Kennedy introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Immigration and Nationality Act to provide additional 
            measures for the control of illegal immigration.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; AMENDMENTS TO INA; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``United States 
Worker Protection and Illegal Immigrant Deterrence Act of 1997''.
    (b) Amendments to Immigration and Nationality Act.--Except as 
otherwise specifically provided whenever in this Act an amendment or 
repeal is expressed as the amendment or repeal of a section or other 
provision, the reference shall be considered to be made to that section 
or provision in the Immigration and Nationality Act.
    (c) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; amendments to INA; table of contents.
                          TITLE I--ENFORCEMENT

Sec. 101. Increased personnel levels for immigration-related workplace 
                            enforcement.
Sec. 102. Earmark of appropriations for INS workplace inspectors.
         TITLE II--EMPLOYER SANCTIONS PENALTIES AND AUTHORITIES

Sec. 201. Enhanced civil penalties if labor standards violations are 
                            present.
Sec. 202. Increased penalties for violations of immigration-related 
                            employment laws.
Sec. 203. Retention of employer sanctions fines for law enforcement 
                            purposes.
Sec. 204. Task force to improve public education regarding unlawful 
                            employment of aliens and unfair 
                            immigration-related employment practices.
Sec. 205. Subpoena authority for cases of unlawful employment of aliens 
                            or document fraud.
        TITLE III--PRESIDENTIAL PLAN FOR EMPLOYMENT VERIFICATION

Sec. 301. Definitions.
Sec. 302. Establishment of plan.
Sec. 303. Objectives.
Sec. 304. System requirements.
Sec. 305. Remedies and penalties for unlawful disclosure.
Sec. 306. Employer safeguards.
Sec. 307. Restriction on use of documents.
Sec. 308. Protection from liability for actions taken on the basis of 
                            information provided by the verification 
                            system.
Sec. 309. Application of the Federal Tort Claims Act.
Sec. 310. Statutory construction.
       TITLE IV--UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES

Sec. 401. Requiring certain remedies in unfair immigration-related 
                            discrimination orders.
Sec. 402. Treatment of certain documentary practices as lawful 
                            employment practices.
Sec. 403. Effective date.
              TITLE V--PROTECTIONS FOR BATTERED IMMIGRANTS

Sec. 501. Waiver of section 245(i).
Sec. 502. Exemption from summary exclusion.
Sec. 503. Attorney General waiver of continuous presence requirement.
Sec. 504. Continued eligibility for immigrant status where abuser is 
                            removed.
Sec. 505. Fraudulent document waiver for battered aliens.

                          TITLE I--ENFORCEMENT

SEC. 101. INCREASED PERSONNEL LEVELS FOR IMMIGRATION-RELATED WORKPLACE 
              ENFORCEMENT.

    (a) Investigators.--
            (1) In general.--Subject to paragraph (2), the Secretary of 
        Labor is authorized to hire in the Wage and Hour Division of 
        the Department of Labor during the period beginning October 1, 
        1997, and ending September 30, 1998, not more than 150 full-
        time active-duty investigators and staff to enforce laws 
        applying sanctions against employers who violate Federal wage 
        and hour laws.
            (2) Additional authority available.--The authority of 
        paragraph (1) to hire the personnel described in that paragraph 
        is in addition to the authority made available during fiscal 
        year 1997 to hire such personnel.
    (b) Assignment of Additional Personnel.--Individuals employed under 
subsection (a) shall be assigned to investigate violations of both wage 
and hour laws and those immigration-related laws that are administered 
by the Secretary of Labor in areas of the United States where the 
Attorney General has notified the Secretary of Labor that there are 
high concentrations of aliens present in violation of law.
    (c) Preference for Bilingual Wage and Hour Inspectors.--In hiring 
new wage and hour inspectors pursuant to this section, the Secretary of 
Labor shall give priority to the employment of multilingual candidates 
who are proficient in both English and such other language or languages 
as may be spoken in the region in which such inspectors are likely to 
be deployed.

SEC. 102. EARMARK OF APPROPRIATIONS FOR INS WORKPLACE INSPECTORS.

    Of the funds made available to the Immigration and Naturalization 
Service for fiscal years 1998 and 1999, not less than $36,076,000 shall 
be available only for each such fiscal year sufficient to pay the 
salaries and expenses of 300 full-time equivalent active-duty 
investigators, as authorized by section 131 of the Illegal Immigration 
Reform and Immigration Responsibility Act of 1996 (as contained in 
Public Law 104-208).

         TITLE II--EMPLOYER SANCTIONS PENALTIES AND AUTHORITIES

SEC. 201. ENHANCED CIVIL PENALTIES IF LABOR STANDARDS VIOLATIONS ARE 
              PRESENT.

    (a) In General.--Section 274A(e)(4) (8 U.S.C. 1324a(e)(4)) is 
amended--
            (1) by redesignating clauses (i), (ii), and (iii) of 
        subparagraph (A) as subclauses (I), (II), and (III), 
        respectively;
            (2) by redesignating clauses (i), (ii), and (iii) of 
        subparagraph (B) as subclauses (I), (II), and (III), 
        respectively;
            (3) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively;
            (4) by striking ``With'' and inserting ``(A) Except as 
        provided in subparagraph (B), with''; and
            (5) by adding at the end the following:
                    ``(B) Enforcement of certain labor laws.--
                            ``(i) Civil penalties.--The administrative 
                        law judge may require payment of a civil money 
                        penalty in an amount up to two times the amount 
                        of the penalty prescribed by this subsection in 
                        any case in which the Secretary of Labor or a 
                        court of competent jurisdiction determines that 
                        the employer has committed a willful violation 
                        or repeated violations of any of the following 
                        statutes:
                                    ``(I) The Fair Labor Standards Act 
                                (29 U.S.C. 201 et seq.).
                                    ``(II) The Migrant and Seasonal 
                                Agricultural Worker Protection Act (29 
                                U.S.C. 1801 et seq.).
                                    ``(III) The Family and Medical 
                                Leave Act (29 U.S.C. 2601 et seq.).
                            ``(ii) Administration.--The Secretary of 
                        Labor and the Attorney General shall consult 
                        regarding the administration of this 
                        paragraph.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to offenses occurring on or after the date of the 
enactment of this Act.

SEC. 202. INCREASED PENALTIES FOR VIOLATIONS OF IMMIGRATION-RELATED 
              EMPLOYMENT LAWS.

    (a) Increased Civil Money Penalties for Hiring, Recruiting, and 
Referral Violations.--Section 274A(e)(4)(A) (8 U.S.C. 1324a(e)(4)(A)) 
is amended--
            (1) in clause (i), by striking ``$250'' and ``$2,000'' and 
        inserting ``$1,000'' and ``$3,000'', respectively;
            (2) in clause (ii) by striking ``$2,000'' and $5,000'' and 
        inserting ``$3,000'' and ``$8,000'', respectively; and
            (3) in clause (iii), by striking ``$3,000'' and ``$10,000'' 
        and inserting ``$8,000'' and ``$25,000'', respectively.
    (b) Increased Civil Money Penalties for Paperwork Violations.--
Section 274A(e)(5) (8 U.S.C. 1324a(e)(5)) is amended by striking 
``$100'' and ``$1,000'' and inserting ``$200'' and ``$5,000'', 
respectively.
    (c) Increased Criminal Penalties for Pattern or Practice 
Violations.--Section 274A(f)(1) (8 U.S.C. 1324a(f)(1)) is amended by 
striking ``$3,000'' and ``six months'' and inserting ``$7,000'' and 
``two years'', respectively.
    (d) Increased Civil Penalties for Unfair Immigration-Related 
Employment Practices.--Section 274B(g)(2)(B) (8 U.S.C. 1324b(g)(2)(B)) 
is amended--
            (1) in clause (iv)(I), by striking ``$250'' and ``$2,000'' 
        and inserting ``$1,000'' and ``$3,000'', respectively;
            (2) in clause (iv)(II), by striking ``$2,000'' and 
        ``$5,000'' and inserting ``$3,000'' and ``$8,000'', 
        respectively;
            (3) in clause (iv)(III), by striking ``$3,000'' and 
        ``$10,000'' and inserting ``$8,000'' and ``$25,000'', 
        respectively; and
            (4) in clause (iv)(IV), by striking ``$100'' and ``$1,000'' 
        and inserting ``$200'' and ``$5,000'', respectively.

SEC. 203. RETENTION OF EMPLOYER SANCTIONS FINES FOR LAW ENFORCEMENT 
              PURPOSES.

    Section 286(a) (8 U.S.C. 1356(a)) is amended--
            (1) by striking ``(a)'' and inserting ``(a)(1)''; and
            (2) by adding at the end the following:
    ``(2) All moneys received during each fiscal year in payment of 
penalties under section 274A of this Act in excess of $5,000,000 shall 
be credited to the Immigration and Naturalization Service Salaries and 
Expenses appropriations account that funds activities and related 
expenses associated with enforcement of that section and shall remain 
available until expended.''.

SEC. 204. TASK FORCE TO IMPROVE PUBLIC EDUCATION REGARDING UNLAWFUL 
              EMPLOYMENT OF ALIENS AND UNFAIR IMMIGRATION-RELATED 
              EMPLOYMENT PRACTICES.

    (a) Establishment.--The Attorney General shall establish a task 
force within the Department of Justice charged with the responsibility 
of--
            (1) providing advice and guidance to employers and 
        employees relating to unlawful employment of aliens under 
        section 274A of the Immigration and Nationality Act and unfair 
        immigration-related employment practices under 274B of such 
        Act; and
            (2) assisting employers in complying with those laws.
    (b) Composition.--The members of the task force shall be designated 
by the Attorney General from among officers or employees of the 
Immigration and Naturalization Service or other components of the 
Department of Justice.
    (c) Annual Report.--The task force shall report annually to the 
Attorney General on its operations.

SEC. 205. SUBPOENA AUTHORITY FOR CASES OF UNLAWFUL EMPLOYMENT OF ALIENS 
              OR DOCUMENT FRAUD.

    (a) Secretary of Labor Subpoena Authority.--
            (1) In general.--Chapter 9 of title II of the Immigration 
        and Nationality Act is amended by adding at the end the 
        following new section:

                ``secretary of labor subpoena authority

    ``Sec. 296. The Secretary of Labor may issue subpoenas requiring 
the attendance 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 Act. In such hearing, the Secretary of 
Labor may administer oaths, examine witnesses, and receive evidence. 
For the purpose of any such hearing or investigation, the authority 
contained in sections 9 and 10 of the Federal Trade Commission Act (15 
U.S.C. 49, 50), relating to the attendance of witnesses and the 
production of books, papers, and documents, shall be available to the 
Secretary of Labor.''.
            (2) Conforming amendment.--The table of contents of the 
        Immigration and Nationality Act is amended by inserting after 
        the item relating to section 295 the following new item:

``Sec. 296. Secretary of Labor subpoena authority.''.

        TITLE III--PRESIDENTIAL PLAN FOR EMPLOYMENT VERIFICATION

SEC. 301. DEFINITIONS.

    As used in this title:
            (1) Federal public benefit.--The term ``Federal public 
        benefit'' has the meaning given the term in section 401(c) of 
        the Personal Responsibility and Work Opportunity Reconciliation 
        Act of 1996.
            (2) State or local public benefit.--The term ``State or 
        local public benefit'' has the meaning given the term in 
        section 411(c) of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996.
            (3) System.--The term ``system'' means the system for 
        confirmation of eligibility for employment and benefits that is 
        described in this title.

SEC. 302. ESTABLISHMENT OF PLAN.

    (a) Development of Plan; Report to Congress.--Not later than 90 
days after the end of the third year in which the pilot programs 
required by subtitle A of title IV of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (as contained in Public Law 
104-208) are in effect, the President shall--
            (1) develop and recommend to the Congress a plan for the 
        establishment of a data system or alternative system (in this 
        part referred to as the ``system''), subject to sections 302 
        and 303, to confirm eligibility for employment in the United 
        States, and immigration status in the United States for 
        purposes of eligibility for any Federal public benefit;
            (2) submit to the Congress a report setting forth--
                    (A) a description of such recommended plan;
                    (B) data on and analyses of the alternatives 
                considered in developing the plan described in 
                paragraph (1), including analyses of data from any 
                demonstration project conducted, including the pilot 
                programs conducted under subtitle A of title IV of the 
                IIRIRA of 1996; and
                    (C) data on and analysis of the system described in 
                paragraph (1), including estimates of--
                            (i) the proposed use of the system, on an 
                        industry-sector by industry-sector basis;
                            (ii) the public assistance programs and 
                        government benefits for which use of the system 
is cost-effective and otherwise appropriate;
                            (iii) the cost of the system;
                            (iv) the financial and administrative cost 
                        to employers;
                            (v) the reduction of undocumented workers 
                        in the United States labor force resulting from 
                        the system;
                            (vi) any unlawful discrimination caused by 
                        or facilitated by use of the system;
                            (vii) any privacy intrusions caused by 
                        misuse or abuse of system;
                            (viii) the accuracy rate of the system;
                            (ix) the overall costs and benefits that 
                        would result from implementation of the system; 
                        and
                            (x) evidence, including the results of 
                        pilot programs or demonstration projects, that 
                        the plan meets the requirements of section 303.
    (b) Effective Date.--The plan described in subsection (a) shall 
take effect on the date of enactment of a bill or joint resolution 
approving the plan.

SEC. 303. OBJECTIVES.

    The plan described in section 301(a) shall have the following 
objectives:
            (1) To substantially reduce illegal immigration and 
        unauthorized employment of aliens.
            (2) To increase employer compliance, especially in industry 
        sectors known to employ undocumented workers, with laws 
        governing employment of aliens.
            (3) To protect individuals from national origin or 
        citizenship-based unlawful discrimination and from loss of 
        privacy caused by use, misuse, or abuse of personal 
        information.
            (4) To minimize the burden on business of verification of 
        eligibility for employment in the United States, including the 
        cost of the system to employers.
            (5) To ensure that those who are ineligible for public 
        assistance or other government benefits are denied or 
        terminated, and that those eligible for public assistance or 
        other government benefits shall--
                    (A) be provided a reasonable opportunity to submit 
                evidence indicating a satisfactory immigration status; 
                and
                    (B) not have eligibility for public assistance or 
                other government benefits denied, reduced, terminated, 
                or unreasonably delayed on the basis of the 
                individual's immigration status until such a reasonable 
                opportunity has been provided.

SEC. 304. SYSTEM REQUIREMENTS.

    (a) In General.--A confirmation system may not be implemented under 
this title unless the system meets the following requirements:
            (1) Reliable determinations.--The system must be capable of 
        reliably determining with respect to an individual whether--
                    (A) the person with the identity claimed by the 
                individual is authorized to work in the United States 
                or has the immigration status being claimed; and
                    (B) the individual is claiming the identity of 
                another person.
            (2) Restrictions on use of information.--Any information 
        obtained in connection with use of the system must not be made 
        available to Government agencies, employers, or other persons 
        except to the extent necessary--
                    (A) to confirm, by an individual who is authorized 
                to conduct the employment verification process, that an 
                employee is not an unauthorized alien (as defined in 
                section 274A(h)(3) of the Immigration and Nationality 
                Act (8 U.S.C. 1324a(h)(3));
                    (B) to enforce the Immigration and Nationality Act 
                or section 371, 911, 982, 1001, 1015, 1028, 1542, 1546, 
                or 1621 of, or chapter 96 of, title 18, United States 
                Code; or
                    (C) to confirm the individual's immigration status 
                for purposes of determining eligibility for Federal 
                public benefits.
            (3) Form and examination of documents.--Any document (other 
        than a document used under section 274A of the Immigration and 
        Nationality Act) required by the system must be presented to or 
        examined by either an employer or an administrator of public 
        assistance or other government benefits, as the case may be, 
        and--
                    (A) must be in a form that is resistant to 
                counterfeiting and to tampering; and
                    (B) must not be required by any Government entity 
                or agency as a national identification card or to be 
                carried or presented except--
                            (i) to carry out the purposes of paragraph 
                        (2); or
                            (ii) if the document was designed for 
                        another purpose (such as a certificate of alien 
                        registration, an alien registration receipt 
                        card, a license to drive a motor vehicle, a 
                        certificate of birth, or a social security 
                        account number card issued by the Social 
                        Security Administration), as required under law 
                        for such other purpose.
            (4) Complete, accurate, confirmable, and timely.--The 
        system must ensure that information is complete, accurate, 
        confirmable, and timely. Corrections or additions to the system 
        records of an individual provided by the individual, the Social 
        Security Administration, or the Immigration and Naturalization 
        Service, or other relevant Federal agency, must be checked for 
        accuracy, processed, and entered into the system within 10 
        business days after the agency's acquisition of the correction 
        or additional information.
            (5) Speed of confirmation.--The system must be capable of 
        accurately confirming electronically within 5 business days, 
        whether a person has the required immigration status in the 
        United States and is legally authorized for employment in the 
        United States in a substantial percentage of cases (with the 
        objective of not less than 99 percent).
            (6) Administrative, technical, and physical safeguards.--In 
        order to ensure the integrity, confidentiality, and security of 
        system information, the system and those who use the system 
        must maintain appropriate administrative, technical, and 
        physical safeguards, such as--
                    (A) safeguards to prevent unauthorized disclosure 
                of personal information, including passwords, 
                cryptography, and other technologies;
                    (B) audit trails to monitor system use; or
                    (C) procedures giving an individual the right to 
                request records containing personal information about 
                the individual held by agencies and used in the system, 
                for the purpose of examination, copying, correction, or 
                amendment, and a method that ensures notice to 
                individuals of these procedures.
            (7) Safeguards against discrimination.--There must be 
        reasonable safeguards against the system's resulting in 
        unlawful discriminatory practices based on national origin or 
        citizenship status, including--
                    (A) the selective or unauthorized use of the system 
                to confirm eligibility;
                    (B) the use of the system prior to an offer of 
                employment;
                    (C) the exclusion of certain individuals from 
                consideration for employment as a result of a perceived 
                likelihood that additional confirmation will be 
                required, beyond what is required for most job 
                applicants; or
                    (D) denial reduction, termination, or unreasonable 
                delay of public assistance to an individual as a result 
                of the perceived likelihood that such additional 
                confirmation will be required.
    (b) Definition.--As used in this section, the term ``business day'' 
means any day other than Saturday, Sunday, or any day on which the 
appropriate Federal agency is closed.

SEC. 305. REMEDIES AND PENALTIES FOR UNLAWFUL DISCLOSURE.

    (a) Civil Remedies.--
            (1) Right of informational privacy.--The Congress declares 
        that any person who provides to an employer the information 
        required by this section or section 274A of the Immigration and 
        Nationality Act (8 U.S.C. 1324a) has a privacy expectation that 
        the information will only be used for compliance with this Act 
        or other applicable Federal, State, or local law.
            (2) Civil actions.--An employer, or other person or entity, 
        who knowingly and willfully discloses the information that an 
        employee is required to provide by this title or section 274A 
        of the Immigration and Nationality Act (8 U.S.C. 1324a) for any 
        purpose not authorized by this Act or other applicable Federal, 
        State, or local law shall be liable to the employee for actual 
        damages. Jurisdiction and venue over actions brought under this 
        paragraph shall be as provided by title 28 of the United States 
        Code.
    (b) Criminal Penalties.--Any employer, or other person or entity, 
who willfully and knowingly obtains, uses, or discloses information 
required pursuant to this title or section 274A of the Immigration and 
Nationality Act (8 U.S.C. 1324a) for any purpose not authorized by this 
Act or other applicable Federal, State, or local law shall be fined not 
more than $5,000, notwithstanding the provisions of any Federal law 
relating to fine levels, imprisoned for not more than 6 months, or 
both.
    (c) Privacy Act.--
            (1) In general.--Any person who is a United States citizen, 
        United States national, lawful permanent resident, or other 
        employment-authorized alien, and who is subject to confirmation 
        of work authorization or lawful presence in the United States 
        for purposes of benefits eligibility under this title, shall be 
        considered an individual under section 552(a)(2) of title 5, 
        United States Code, with respect to records covered by this 
        title.
            (2) Definition.--For purposes of this subsection, the term 
        ``record'' means an item, collection, or grouping of 
        information about an individual which--
                    (A) is created, maintained, or used by a Federal 
                agency for the purpose of determining--
                            (i) the individual's authorization to work; 
                        or
                            (ii) immigration status in the United 
                        States for purposes of eligibility to receive 
                        Federal, State or local benefits in the United 
                        States; and
                    (B) contains the individuals's name or identifying 
                number, symbol, or any other identifier assigned to the 
                individual.

SEC. 306. BENEFIT OF REBUTTABLE PRESUMPTION.

    A person or other entity has established a rebuttable presumption 
that the person or entity has not violated section 274A(a)(1)(A) of the 
Immigration and Nationality Act with respect to the hiring (or 
recruitment or referral) of an individual for employment in the United 
States if the person or entity--
            (1) obtains confirmation of identity and employment 
        eligibility in compliance with the applicable terms and 
        conditions of the system with respect to the hiring (or 
        recruitment or referral) of the individual; and
            (2) has complied with all procedures required by the 
        system.

SEC. 307. RESTRICTION ON USE OF DOCUMENTS.

    If the Attorney General determines that any document described in 
section 274A(b)(1) of the Immigration and Nationality Act as 
establishing employment authorization or identity does not reliably 
establish such authorization or identity or, to an unacceptable degree, 
is being used fraudulently or is being requested for purposes not 
authorized by this Act, the Attorney General may, by regulation, 
prohibit or place conditions on the use of the document for purposes of 
the system or the verification system established in section 274A(b) of 
the Immigration and Nationality Act.

SEC. 308. PROTECTION FROM LIABILITY FOR ACTIONS TAKEN ON THE BASIS OF 
              INFORMATION PROVIDED BY THE CONFIRMATION SYSTEM.

    No person shall be civilly or criminally liable under section 274A 
of the Immigration and Nationality Act for any action adverse to an 
individual if such action was taken in good faith reliance on 
information relating to such individual provided through the system.

SEC. 309. APPLICATION OF THE FEDERAL TORT CLAIMS ACT.

    Any individual claiming dismissal from employment or denial of 
employment by reason of an error in the operation of the confirmation 
system may seek settlement of the claim by the appropriate Federal 
agency or may institute a legal action against the Federal Government 
under chapter 271 of title 28, United States Code, for money damages in 
accordance with the procedures set forth under that chapter.

SEC. 310. STATUTORY CONSTRUCTION.

    The provisions of this title supersede the provisions of section 
274A of the Immigration and Nationality Act to the extent of any 
inconsistency therewith.

       TITLE IV--UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES

SEC. 401.  REQUIRING  CERTAIN  REMEDIES  IN  UNFAIR IMMIGRATION-RELATED 
              DISCRIMINATION ORDERS.

    Section 274B(g)(2) (8 U.S.C. 1324b(g)(2)) is amended--
            (1) in subparagraph (B)--
                    (A) by striking ``Contents of order'' and inserting 
                ``Discretionary contents of order'';
                    (B) by striking clauses (ii) and (vi); and
                    (C) by redesignating clauses (iii), (iv), (v), 
                (vii), and (viii) as clauses (ii), (iii), (iv), (v), 
                and (vi), respectively;
            (2) in subparagraph (C), by striking ``subparagraph 
        (B)(iii)'' and inserting ``subparagraph (C)(ii)'';
            (3) by redesignating subparagraphs (B) through (D) as 
        subparagraphs (C) through (E), respectively; and
            (4) by inserting after subparagraph (A) the following new 
        subparagraph:
                    ``(B) Mandatory contents of order.--Such an order 
                shall require the person or entity--
                            ``(i) to retain for the period referred to 
                        in clause (i) and only for purposes consistent 
                        with section 274A(b)(5), the name and address 
                        of each individual who applies, in person or in 
                        writing, for hiring for an existing position, 
                        or for recruiting or referring for a fee, for 
                        employment in the United States; and
                            ``(ii) to educate all personnel involved in 
                        hiring and complying with this section or 
                        section 274A about the requirements of this 
                        section or such section and to certify the fact 
                        of such education.''.

SEC. 402. TREATMENT OF CERTAIN DOCUMENTARY PRACTICES AS LAWFUL 
              EMPLOYMENT PRACTICES.

    Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) is amended--
            (1) by striking ``Practices.--For purposes of paragraph 
        (1), a'' and inserting ``Practices.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), a'';
            (2) by striking ``if made for the purpose or with the 
        intent of discriminating against an individual in violation of 
        paragraph (1)'' and inserting ``relating to the hiring of 
        individuals''; and
            (3) by adding at the end the following new subparagraph:
                    ``(B) Exception.--A person or other entity--
                            ``(i) may request a document proving a 
                        renewal of employment authorization when an 
                        individual has previously submitted a time-
                        limited document to satisfy the requirements of 
                        section 274A(b)(1); or
                            ``(ii) having reason to believe that an 
                        individual presenting a document that 
                        reasonably appears on its face to be genuine is 
                        nonetheless an unauthorized alien (I) may 
                        inform the individual of the question about the 
                        document's validity and of such person or other 
                        entity's intention to verify the validity of 
                        such document, and (II) may, upon receiving 
                        confirmation that the individual is 
                        unauthorized to work, dismiss the individual.
                    ``(C) Statutory construction.--Nothing in 
                subparagraph (B) prohibits an individual from offering 
                alternative documents that satisfy the requirements of 
                section 274A(b)(1).''.

SEC. 403. EFFECTIVE DATE.

    The amendments made by section 401 shall apply to orders issued on 
or after the first day of the first month beginning at least 90 days 
after the date of the enactment of this Act.

              TITLE V--PROTECTIONS FOR BATTERED IMMIGRANTS

SEC. 501. WAIVER OF SECTION 245(i).

    Section 245(i) (8 U.S.C. 1255(i)) is amended--
            (1) in the second sentence of paragraph (1), by striking 
        ``The'' and inserting ``Except as provided in paragraphs (4) 
        and (5), the''; and
            (2) by adding at the end the following new paragraph:
    ``(4)(A) The Attorney General may waive the fee specified in this 
subsection with respect to an alien--
            ``(i) if the alien or the alien's child--
                    ``(I) has been battered or subjected to extreme 
                cruelty by a spouse, parent, or member of the spouse or 
                parent's family residing in the same household as the 
                alien; and
                    ``(II) the spouse or parent consented to or 
                acquiesced to such battery or cruelty; and
            ``(ii) if the Attorney General determines that such waiver 
        would enhance the safety of the alien or the alien's child.
    ``(B) An alien for whom the Attorney General waived the fee 
specified in this subsection shall not be considered a public charge 
under section 212(a)(4) or 237(a)(5) solely because of such waiver.
    ``(5)(A) In lieu of a waiver under paragraph (4), the Attorney 
General may permit an alien described in paragraph (4)(A)(i) to pay the 
fee specified in this subsection at the time of the alien's interview 
or in installments--
            ``(i) if the Attorney General determines that the alien's 
        finances are sufficient; and
            ``(ii) if the Attorney General determines that such delayed 
        payment would enhance the safety of the alien or the alien's 
        child.
    ``(B) An alien for whom the Attorney General delayed payment of the 
fee specified in this subsection shall not be considered a public 
charge under section 212(a)(4) solely because of such waiver.''.

SEC. 502. EXEMPTION FROM SUMMARY EXCLUSION.

    Section 235(b)(1) (8 U.S.C. 1225(b)(1)) is amended by adding at the 
end the following new subparagraph:
                    ``(G) Exception for battered aliens.--Subparagraph 
                (A) shall not apply to any alien who has been battered 
                or subjected to extreme cruelty, or whose child has 
                been battered or subjected to extreme cruelty, and who 
                is eligible to file a petition under subparagraph (A) 
                (iii) and (iv) or (B) (ii) and (iii) of section 
                204(a)(1) or under paragraph (2) of section 240A(b) 
                based on the requirements of paragraph (2) of that 
                section.''.

SEC. 503. ATTORNEY GENERAL WAIVER OF CONTINUOUS PRESENCE REQUIREMENT.

    Section 240A(d)(2) is amended by inserting before the period at the 
end the following: ``, except that the Attorney General may extend the 
time periods described in this paragraph in the case of aliens who are 
otherwise eligible for relief under subsection (b)(2).''.

SEC. 504. CONTINUED ELIGIBILITY FOR IMMIGRANT STATUS WHERE ABUSER IS 
              REMOVED.

    Section 204(a)(1)(B) (8 U.S.C. 1154(a)(1)(B)) is amended by adding 
at the end the following new clause:
            ``(iv) An alien who has resided in the United States with 
        the alien's permanent resident spouse or parent who has 
        committed a crime described in section 237(a)(2)(E) or violated 
        a protection order described in that section may file a 
        petition with the Attorney General under this subparagraph for 
        classification of the alien under such section notwithstanding 
        that the alien who committed the crime or violated the 
        protection order has been removed, or is subject to removal, 
        from the United States under section 237(a), if the alien 
        filing the petition is--
                    ``(I) the victim of the crime committed or is the 
                individual protected by the protection order;
                    ``(II) a person of good moral character; and
                    ``(III) eligible for classification under section 
                203(a)(2)(A).''.

SEC. 505. FRAUDULENT DOCUMENT WAIVER FOR BATTERED ALIENS.

    Section 212(i)(1) (8 U.S.C. 1182(i)(1)) is amended by inserting 
before the period at the end the following: ``, or if the alien is 
eligible to file a petition under subparagraph (A) (iii) and (iv) or 
(B) (ii) and (iii) of section 204(a)(1) or under paragraph (2) of 
section 240A(b) based on the requirements of paragraph (2) of that 
section''.
                                 <all>