I 112th CONGRESS 1st Session H. R. 2670 IN THE HOUSE OF REPRESENTATIVES July 27, 2011 Mr. Brooks (for himself, Mr. Burton of Indiana, Mr. Carter, Mr. Palazzo, and Mr. Woodall) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide that States and local governments may pass laws that identify illegal aliens, deter illegal aliens from entering the United States, apprehend illegal aliens, or encourage or otherwise cause illegal aliens to leave the United States, and for other purposes.

1.

Short title

This Act may be cited as the Jobs for Americans Act of 2011.

2.

Findings

The Congress finds as follows: (1)The security of the United States and its citizens is dependent on the ability of the United States to regulate the immigration of aliens into the United States. (2)The economic disparity between the United States and other countries is a prime factor in the desire of aliens to enter the United States illegally. (3)Federal law prohibits the employment of illegal aliens in the United States. Nonetheless, illegal aliens routinely find employment within the United States. (4)Employment of illegal aliens in the United States undermines our system of lawful immigration, undermines job opportunities for American workers, undermines the wages for many American workers, and increases the number of Americans who are dependent on Federal and State programs for monetary assistance. (5)The laws, regulations, policies, and efforts of the United States concerning illegal aliens have been insufficient to stop or adequately stem the flow of illegal aliens into the United States. (6)The United States welcomes the assistance of State, county, and municipal governments in the effort to identify illegal aliens, deter illegal aliens from entering the United States, apprehend illegal aliens, and encourage or otherwise cause illegal aliens to leave the United States. (7)States, counties, and municipal governments have inherent authority to investigate, identify, apprehend, arrest, detain, or transfer illegal aliens to the United States and to assist the United States in the enforcement of the immigration laws of the United States. This State, county, and municipal authority has never been displaced or preempted by Congress. (8)The Attorney General should not use taxpayer funds to sue States, counties, or municipal governments that enact their own illegal immigration legislation because of the failure of the United States to adequately act on this issue. (9)State, county, and municipal governments should be supported for taking actions to discourage illegal immigration.

3.

Empowering State and local governments to help the Federal Government stop illegal aliens

(a)

Limited preemption of State and local laws

(1)

In general

States, and political subdivisions of States, are authorized to enact and enforce laws that help identify illegal aliens, deter illegal aliens from entering the United States, apprehend illegal aliens, or encourage or otherwise cause illegal aliens to leave the United States. States, and political subdivisions of States, may not enact or enforce laws that are inconsistent with Federal statutes that define the lawful status of persons who are in the United States. (2)

Construction

This subsection shall be broadly construed to permit and empower State and political subdivisions of States to address illegal alien issues within their jurisdictions. (3)

Definition

For purposes of this subsection, the term illegal alien means an alien unlawfully present in the United States, as defined by Federal law. (b)

Nonpreemption of State and local laws on aiding and abetting illegal aliens

Neither the provisions of this section, nor any other law, preempt any State or local law imposing civil or criminal sanctions upon persons who knowingly aid or abet, in any way, the presence of an illegal alien within the borders of the United States. (c)

Unlawful employment of aliens

Section 274A(h)(2) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(2)) is amended to read as follows: (2)

Nonpreemption

Neither the provisions of this section, nor any other law, preempt any State or local law imposing civil or criminal sanctions upon persons who knowingly employ, recruit, or refer for a fee for employment, an unauthorized alien. . (d)

Immunity

No person or entity shall be civilly or criminally liable for taking an action, or failing to take an action, if such action or inaction was undertaken in good faith to comply with a law described in subsection (a)(1) or (b).