Making the E–Verify Program Permanent

(a)

Permanence

Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1324a note) is amended— (1)in the subsection heading, by striking

; Termination

; and (2)by striking the second sentence and inserting the following: The programs provided for under this subtitle shall not have a termination date.. (b)

Pilot Program References

Section 401(d)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1324a note) is amended— (1)in the paragraph heading by striking

Pilot program

and inserting

Program

; and (2)by striking 3 pilot.

Verification of Current and Newly Hired Employees; Protection from Liability for Employers Verifying Employees; Informational Posters

Section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1324a note) is amended— (1)in subsection (a)(3)(A), by adding after the period the following: The person or other entity may wait for confirmation of the individual’s identity and work eligibility before beginning to pay or train the individual.; (2)in subsection (a)(3), by adding at the end the following new subparagraph:

(C)

Current Employees

Not later than 14 business days after beginning to participate in the program, a person or other entity may use the program to verify the employment authorization of an employee hired prior to the participation in the program only if the person or other entity verifies the employment authorization of every employee hired prior to the participation in the program.

;

(3)in subsection (a)(4)(B)(iii), by inserting after until a nonconfirmation becomes final the following: and the individual exhausts any administrative or judicial review if the individual initiates such review.; (4)in subsection (d), by striking through the confirmation system. and inserting the following:

through the confirmation system if—

(1)such action occurred due to an error in the program that was unknown to the employer at the time of such action; and (2)the person or other entity terminates the employment of the individual upon being informed of the error.

; and

(5)by adding at the end the following new subsections:

(e)

Use of Fraudulent Documentation and Sanctions

(1)

Fraudulent documentation

Each instance of a person or other entity participating in the program who employs an unauthorized individual after providing or accepting documentation the person or entity knows to be fraudulent shall— (A)be treated as a violation of section 274A(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324A(a)(1)(B)) with respect to each offense; and (B)create a rebuttable presumption that the employer has violated section 274A(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324A(a)(1)(A)). (2)

Sanctions

Notwithstanding the amounts specified in section 274A(e)(5) of the Immigration and Nationality Act (8 U.S.C. 1324A(e)(5)), the applicable civil monetary penalty for a violation under this subsection shall require the person or entity to pay a civil penalty in an amount of not less than $200 and not more than $2,000 for each individual with respect to whom such violation occurred. (f)

Informational Posters

In the case where the Secretary of Homeland Security requires under this subtitle a person or other entity to display an informational poster, such poster shall be written only in English. The Secretary shall allow a person or other entity with less than 25 employees to meet any informational poster requirement by giving its employees a pamphlet meeting the same requirements and containing the same information as the poster.