[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2640 Reported in House (RH)]

<DOC>





                                                  Union Calendar No. 31
118th CONGRESS
  1st Session
                                H. R. 2640

                      [Report No. 118-47, Part I]

   To provide for reform of the asylum system and protection of the 
                                border.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 17, 2023

  Mr. McClintock (for himself and Mr. Biggs) introduced the following 
  bill; which was referred to the Committee on the Judiciary, and in 
    addition to the Committees on Ways and Means, Education and the 
   Workforce, and Homeland Security, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

                              May 5, 2023

                     Additional sponsor: Mrs. Lesko

                              May 5, 2023

     Reported from the Committee on the Judiciary with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                              May 5, 2023

     Committees on Ways and Means, Education and the Workforce, and 
 Homeland Security discharged; committed to the Committee of the Whole 
       House on the State of the Union and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on April 
                               17, 2023]


_______________________________________________________________________

                                 A BILL


 
   To provide for reform of the asylum system and protection of the 
                                border.


 


    Be it enacted by the Senate and House of Representatives 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 ``Border Security 
and Enforcement Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

              TITLE I--ASYLUM REFORM AND BORDER PROTECTION

Sec. 101. Short title.
Sec. 102. Safe third country.
Sec. 103. Credible fear interviews.
Sec. 104. Clarification of asylum eligibility.
Sec. 105. Exceptions.
Sec. 106. Employment authorization.
Sec. 107. Asylum fees.
Sec. 108. Rules for determining asylum eligibility.
Sec. 109. Firm resettlement.
Sec. 110. Notice concerning frivolous asylum applications.
Sec. 111. Technical amendments.
Sec. 112. Requirement for procedures relating to certain asylum 
                            applications.

             TITLE II--BORDER SAFETY AND MIGRANT PROTECTION

Sec. 201. Short title.
Sec. 202. Inspection of applicants for admission.
Sec. 203. Operational detention facilities.

           TITLE III--ENSURING UNITED FAMILIES AT THE BORDER

Sec. 301. Short title.
Sec. 302. Clarification of standards for family detention.

                    TITLE IV--PROTECTION OF CHILDREN

Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Repatriation of unaccompanied alien children.
Sec. 404. Special immigrant juvenile status for immigrants unable to 
                            reunite with either parent.
Sec. 405. Rule of construction.

                   TITLE V--VISA OVERSTAYS PENALTIES

Sec. 501. Short title.
Sec. 502. Expanded penalties for illegal entry or presence.

                  TITLE VI--IMMIGRATION PAROLE REFORM

Sec. 601. Short title.
Sec. 602. Immigration parole reform.
Sec. 603. Implementation.
Sec. 604. Cause of action.
Sec. 605. Severability.

                       TITLE VII--LEGAL WORKFORCE

Sec. 701. Short title.
Sec. 702. Employment eligibility verification process.
Sec. 703. Employment eligibility verification system.
Sec. 704. Recruitment, referral, and continuation of employment.
Sec. 705. Good faith defense.
Sec. 706. Preemption and States' rights.
Sec. 707. Repeal.
Sec. 708. Penalties.
Sec. 709. Fraud and misuse of documents.
Sec. 710. Protection of Social Security Administration programs.
Sec. 711. Fraud prevention.
Sec. 712. Use of employment eligibility verification photo tool.
Sec. 713. Identity authentication employment eligibility verification 
                            pilot programs.
Sec. 714. Inspector General audits.
Sec. 715. Agriculture Workforce Study.
Sec. 716. Repealing regulations.

              TITLE I--ASYLUM REFORM AND BORDER PROTECTION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Asylum Reform and Border 
Protection Act of 2023''.

SEC. 102. SAFE THIRD COUNTRY.

    Section 208(a)(2)(A) of the Immigration and Nationality Act (8 
U.S.C. 1158(a)(2)(A)) is amended--
            (1) by striking ``if the Attorney General determines'' and 
        inserting ``if the Attorney General or the Secretary of 
        Homeland Security determines--'';
            (2) by striking ``that the alien may be removed'' and 
        inserting the following:
                            ``(i) that the alien may be removed'';
            (3) by striking ``, pursuant to a bilateral or multilateral 
        agreement, to'' and inserting ``to'';
            (4) by inserting ``or the Secretary, on a case by case 
        basis,'' before ``finds that'';
            (5) by striking the period at the end and inserting ``; 
        or''; and
            (6) by adding at the end the following:
            ``(ii) that the alien entered, attempted to enter, or 
        arrived in the United States after transiting through at least 
        one country outside the alien's country of citizenship, 
        nationality, or last lawful habitual residence en route to the 
        United States, unless--
                    ``(I) the alien demonstrates that he or she applied 
                for protection from persecution or torture in at least 
                one country outside the alien's country of citizenship, 
                nationality, or last lawful habitual residence through 
                which the alien transited en route to the United 
                States, and the alien received a final judgment denying 
                the alien protection in each country;
                    ``(II) the alien demonstrates that he or she was a 
                victim of a severe form of trafficking in which a 
                commercial sex act was induced by force, fraud, or 
                coercion, or in which the person induced to perform 
                such act was under the age of 18 years; or in which the 
                trafficking included the recruitment, harboring, 
                transportation, provision, or obtaining of a person for 
                labor or services through the use of force, fraud, or 
                coercion for the purpose of subjection to involuntary 
                servitude, peonage, debt bondage, or slavery, and was 
                unable to apply for protection from persecution in each 
                country through which the alien transited en route to 
                the United States as a result of such severe form of 
                trafficking; or
                    ``(III) the only countries through which the alien 
                transited en route to the United States were, at the 
                time of the transit, not parties to the 1951 United 
                Nations Convention relating to the Status of Refugees, 
                the 1967 Protocol Relating to the Status of Refugees, 
                or the United Nations Convention against Torture and 
                Other Cruel, Inhuman or Degrading Treatment or 
                Punishment.''.

SEC. 103. CREDIBLE FEAR INTERVIEWS.

    Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(B)(v)) is amended by striking ``there is a 
significant possibility'' and all that follows, and inserting ``, 
taking into account the credibility of the statements made by the alien 
in support of the alien's claim, as determined pursuant to section 
208(b)(1)(B)(iii), and such other facts as are known to the officer, 
the alien more likely than not could establish eligibility for asylum 
under section 208, and it is more likely than not that the statements 
made by, and on behalf of, the alien in support of the alien's claim 
are true.''.

SEC. 104. CLARIFICATION OF ASYLUM ELIGIBILITY.

    (a) In General.--Section 208(b)(1)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1158(b)(1)(A)) is amended by inserting after 
``section 101(a)(42)(A)'' the following: ``(in accordance with the 
rules set forth in this section), and is eligible to apply for asylum 
under subsection (a)''.
    (b) Place of Arrival.--Section 208(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1158(a)(1)) is amended--
            (1) by striking ``or who arrives in the United States 
        (whether or not at a designated port of arrival and including 
        an alien who is brought to the United States after having been 
        interdicted in international or United States waters),''; and
            (2) by inserting after ``United States'' the following: 
        ``and has arrived in the United States at a port of entry 
        (including an alien who is brought to the United States after 
        having been interdicted in international or United States 
        waters),''.

SEC. 105. EXCEPTIONS.

    Paragraph (2) of section 208(b) of the Immigration and Nationality 
Act (8 U.S.C. 1158(b)(2)) is amended to read as follows:
            ``(2) Exceptions.--
                    ``(A) In general.--Paragraph (1) shall not apply to 
                an alien if the Secretary of Homeland Security or the 
                Attorney General determines that--
                            ``(i) the alien ordered, incited, assisted, 
                        or otherwise participated in the persecution of 
                        any person on account of race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion;
                            ``(ii) the alien has been convicted of any 
                        felony under Federal, State, tribal, or local 
                        law;
                            ``(iii) the alien has been convicted of any 
                        misdemeanor offense under Federal, State, 
                        tribal, or local law involving--
                                    ``(I) the unlawful possession or 
                                use of an identification document, 
                                authentication feature, or false 
                                identification document (as those terms 
                                and phrases are defined in the 
                                jurisdiction where the conviction 
                                occurred), unless the alien can 
                                establish that the conviction resulted 
                                from circumstances showing that--
                                            ``(aa) the document or 
                                        feature was presented before 
                                        boarding a common carrier;
                                            ``(bb) the document or 
                                        feature related to the alien's 
                                        eligibility to enter the United 
                                        States;
                                            ``(cc) the alien used the 
                                        document or feature to depart a 
                                        country wherein the alien has 
                                        claimed a fear of persecution; 
                                        and
                                            ``(dd) the alien claimed a 
                                        fear of persecution without 
                                        delay upon presenting himself 
                                        or herself to an immigration 
                                        officer upon arrival at a 
                                        United States port of entry;
                                    ``(II) the unlawful receipt of a 
                                Federal public benefit (as defined in 
                                section 401(c) of the Personal 
                                Responsibility and Work Opportunity 
                                Reconciliation Act of 1996 (8 U.S.C. 
                                1611(c))), from a Federal entity, or 
                                the unlawful receipt of similar public 
                                benefits from a State, tribal, or local 
                                entity; or
                                    ``(III) possession or trafficking 
                                of a controlled substance or controlled 
                                substance paraphernalia, as those 
                                phrases are defined under the law of 
                                the jurisdiction where the conviction 
                                occurred, other than a single offense 
                                involving possession for one's own use 
                                of 30 grams or less of marijuana (as 
                                marijuana is defined under the law of 
                                the jurisdiction where the conviction 
                                occurred);
                            ``(iv) the alien has been convicted of an 
                        offense arising under paragraph (1)(A) or (2) 
                        of section 274(a), or under section 276;
                            ``(v) the alien has been convicted of a 
                        Federal, State, tribal, or local crime that the 
                        Attorney General or Secretary of Homeland 
                        Security knows, or has reason to believe, was 
                        committed in support, promotion, or furtherance 
                        of the activity of a criminal street gang (as 
                        defined under the law of the jurisdiction where 
                        the conviction occurred or in section 521(a) of 
                        title 18, United States Code);
                            ``(vi) the alien has been convicted of an 
                        offense for driving while intoxicated or 
                        impaired, as those terms are defined under the 
                        law of the jurisdiction where the conviction 
                        occurred (including a conviction for driving 
                        while under the influence of or impaired by 
                        alcohol or drugs), without regard to whether 
                        the conviction is classified as a misdemeanor 
                        or felony under Federal, State, tribal, or 
                        local law, in which such intoxicated or 
                        impaired driving was a cause of serious bodily 
                        injury or death of another person;
                            ``(vii) the alien has been convicted of 
                        more than one offense for driving while 
                        intoxicated or impaired, as those terms are 
                        defined under the law of the jurisdiction where 
                        the conviction occurred (including a conviction 
                        for driving while under the influence of or 
                        impaired by alcohol or drugs), without regard 
                        to whether the conviction is classified as a 
                        misdemeanor or felony under Federal, State, 
                        tribal, or local law;
                            ``(viii) the alien has been convicted of a 
                        crime--
                                    ``(I) that involves conduct 
                                amounting to a crime of stalking;
                                    ``(II) of child abuse, child 
                                neglect, or child abandonment; or
                                    ``(III) that involves conduct 
                                amounting to a domestic assault or 
                                battery offense, including--
                                            ``(aa) a misdemeanor crime 
                                        of domestic violence, as 
                                        described in section 921(a)(33) 
                                        of title 18, United States 
                                        Code;
                                            ``(bb) a crime of domestic 
                                        violence, as described in 
                                        section 40002(a)(12) of the 
                                        Violence Against Women Act of 
                                        1994 (34 U.S.C. 12291(a)(12)); 
                                        or
                                            ``(cc) any crime based on 
                                        conduct in which the alien 
                                        harassed, coerced, intimidated, 
                                        voluntarily or recklessly used 
                                        (or threatened to use) force or 
                                        violence against, or inflicted 
                                        physical injury or physical 
                                        pain, however slight, upon a 
                                        person--

                                                    ``(AA) who is a 
                                                current or former 
                                                spouse of the alien;

                                                    ``(BB) with whom 
                                                the alien shares a 
                                                child;

                                                    ``(CC) who is 
                                                cohabitating with, or 
                                                who has cohabitated 
                                                with, the alien as a 
                                                spouse;

                                                    ``(DD) who is 
                                                similarly situated to a 
                                                spouse of the alien 
                                                under the domestic or 
                                                family violence laws of 
                                                the jurisdiction where 
                                                the offense occurred; 
                                                or

                                                    ``(EE) who is 
                                                protected from that 
                                                alien's acts under the 
                                                domestic or family 
                                                violence laws of the 
                                                United States or of any 
                                                State, tribal 
                                                government, or unit of 
                                                local government;

                            ``(ix) the alien has engaged in acts of 
                        battery or extreme cruelty upon a person and 
                        the person--
                                    ``(I) is a current or former spouse 
                                of the alien;
                                    ``(II) shares a child with the 
                                alien;
                                    ``(III) cohabitates or has 
                                cohabitated with the alien as a spouse;
                                    ``(IV) is similarly situated to a 
                                spouse of the alien under the domestic 
                                or family violence laws of the 
                                jurisdiction where the offense 
                                occurred; or
                                    ``(V) is protected from that 
                                alien's acts under the domestic or 
                                family violence laws of the United 
                                States or of any State, tribal 
                                government, or unit of local 
                                government;
                            ``(x) the alien, having been convicted by a 
                        final judgment of a particularly serious crime, 
                        constitutes a danger to the community of the 
                        United States;
                            ``(xi) there are serious reasons for 
                        believing that the alien has committed a 
                        serious nonpolitical crime outside the United 
                        States prior to the arrival of the alien in the 
                        United States;
                            ``(xii) there are reasonable grounds for 
                        regarding the alien as a danger to the security 
                        of the United States;
                            ``(xiii) the alien is described in 
                        subclause (I), (II), (III), (IV), or (VI) of 
                        section 212(a)(3)(B)(i) or section 237(a)(4)(B) 
                        (relating to terrorist activity), unless, in 
                        the case only of an alien inadmissible under 
                        subclause (IV) of section 212(a)(3)(B)(i), the 
                        Secretary of Homeland Security or the Attorney 
                        General determines, in the Secretary's or the 
                        Attorney General's discretion, that there are 
                        not reasonable grounds for regarding the alien 
                        as a danger to the security of the United 
                        States;
                            ``(xiv) the alien was firmly resettled in 
                        another country prior to arriving in the United 
                        States; or
                            ``(xv) there are reasonable grounds for 
                        concluding the alien could avoid persecution by 
                        relocating to another part of the alien's 
                        country of nationality or, in the case of an 
                        alien having no nationality, another part of 
                        the alien's country of last habitual residence.
                    ``(B) Special rules.--
                            ``(i) Particularly serious crime; serious 
                        nonpolitical crime outside the united states.--
                                    ``(I) In general.--For purposes of 
                                subparagraph (A)(x), the Attorney 
                                General or Secretary of Homeland 
                                Security, in their discretion, may 
                                determine that a conviction constitutes 
                                a particularly serious crime based on--
                                            ``(aa) the nature of the 
                                        conviction;
                                            ``(bb) the type of sentence 
                                        imposed; or
                                            ``(cc) the circumstances 
                                        and underlying facts of the 
                                        conviction.
                                    ``(II) Determination.--In making a 
                                determination under subclause (I), the 
                                Attorney General or Secretary of 
                                Homeland Security may consider all 
                                reliable information and is not limited 
                                to facts found by the criminal court or 
                                provided in the underlying record of 
                                conviction.
                                    ``(III) Treatment of felonies.--In 
                                making a determination under subclause 
                                (I), an alien who has been convicted of 
                                a felony (as defined under this 
                                section) or an aggravated felony (as 
                                defined under section 101(a)(43)), 
                                shall be considered to have been 
                                convicted of a particularly serious 
                                crime.
                                    ``(IV) Interpol red notice.--In 
                                making a determination under 
                                subparagraph (A)(xi), an Interpol Red 
                                Notice may constitute reliable evidence 
                                that the alien has committed a serious 
                                nonpolitical crime outside the United 
                                States.
                            ``(ii) Crimes and exceptions.--
                                    ``(I) Driving while intoxicated or 
                                impaired.--A finding under subparagraph 
                                (A)(vi) does not require the Attorney 
                                General or Secretary of Homeland 
                                Security to find the first conviction 
                                for driving while intoxicated or 
                                impaired (including a conviction for 
                                driving while under the influence of or 
                                impaired by alcohol or drugs) as a 
                                predicate offense. The Attorney General 
                                or Secretary of Homeland Security need 
                                only make a factual determination that 
                                the alien previously was convicted for 
                                driving while intoxicated or impaired 
                                as those terms are defined under the 
                                jurisdiction where the conviction 
                                occurred (including a conviction for 
                                driving while under the influence of or 
                                impaired by alcohol or drugs).
                                    ``(II) Stalking and other crimes.--
                                In making a determination under 
                                subparagraph (A)(viii), including 
                                determining the existence of a domestic 
                                relationship between the alien and the 
                                victim, the underlying conduct of the 
                                crime may be considered, and the 
                                Attorney General or Secretary of 
                                Homeland Security is not limited to 
                                facts found by the criminal court or 
                                provided in the underlying record of 
                                conviction.
                                    ``(III) Battery or extreme 
                                cruelty.--In making a determination 
                                under subparagraph (A)(ix), the phrase 
                                `battery or extreme cruelty' includes--
                                            ``(aa) any act or 
                                        threatened act of violence, 
                                        including any forceful 
                                        detention, which results or 
                                        threatens to result in physical 
                                        or mental injury;
                                            ``(bb) psychological or 
                                        sexual abuse or exploitation, 
                                        including rape, molestation, 
                                        incest, or forced prostitution, 
                                        shall be considered acts of 
                                        violence; and
                                            ``(cc) other abusive acts, 
                                        including acts that, in and of 
                                        themselves, may not initially 
                                        appear violent, but that are a 
                                        part of an overall pattern of 
                                        violence.
                                    ``(IV) Exception for victims of 
                                domestic violence.--An alien who was 
                                convicted of an offense described in 
                                clause (viii) or (ix) of subparagraph 
                                (A) is not ineligible for asylum on 
                                that basis if the alien satisfies the 
                                criteria under section 237(a)(7)(A).
                    ``(C) Specific circumstances.--Paragraph (1) shall 
                not apply to an alien whose claim is based on--
                            ``(i) personal animus or retribution, 
                        including personal animus in which the alleged 
                        persecutor has not targeted, or manifested an 
                        animus against, other members of an alleged 
                        particular social group in addition to the 
                        member who has raised the claim at issue;
                            ``(ii) the applicant's generalized 
                        disapproval of, disagreement with, or 
                        opposition to criminal, terrorist, gang, 
                        guerilla, or other non-state organizations 
                        absent expressive behavior in furtherance of a 
                        discrete cause against such organizations 
                        related to control of a State or expressive 
                        behavior that is antithetical to the State or a 
                        legal unit of the State;
                            ``(iii) the applicant's resistance to 
                        recruitment or coercion by guerrilla, criminal, 
                        gang, terrorist, or other non-state 
                        organizations;
                            ``(iv) the targeting of the applicant for 
                        criminal activity for financial gain based on 
                        wealth or affluence or perceptions of wealth or 
                        affluence;
                            ``(v) the applicant's criminal activity; or
                            ``(vi) the applicant's perceived, past or 
                        present, gang affiliation.
                    ``(D) Definitions and clarifications.--
                            ``(i) Definitions.--For purposes of this 
                        paragraph:
                                    ``(I) Felony.--The term `felony' 
                                means--
                                            ``(aa) any crime defined as 
                                        a felony by the relevant 
                                        jurisdiction (Federal, State, 
                                        tribal, or local) of 
                                        conviction; or
                                            ``(bb) any crime punishable 
                                        by more than one year of 
                                        imprisonment.
                                    ``(II) Misdemeanor.--The term 
                                `misdemeanor' means--
                                            ``(aa) any crime defined as 
                                        a misdemeanor by the relevant 
                                        jurisdiction (Federal, State, 
                                        tribal, or local) of 
                                        conviction; or
                                            ``(bb) any crime not 
                                        punishable by more than one 
                                        year of imprisonment.
                            ``(ii) Clarifications.--
                                    ``(I) Construction.--For purposes 
                                of this paragraph, whether any activity 
                                or conviction also may constitute a 
                                basis for removal is immaterial to a 
                                determination of asylum eligibility.
                                    ``(II) Attempt, conspiracy, or 
                                solicitation.--For purposes of this 
                                paragraph, all references to a criminal 
                                offense or criminal conviction shall be 
                                deemed to include any attempt, 
                                conspiracy, or solicitation to commit 
                                the offense or any other inchoate form 
                                of the offense.
                                    ``(III) Effect of certain orders.--
                                            ``(aa) In general.--No 
                                        order vacating a conviction, 
                                        modifying a sentence, 
                                        clarifying a sentence, or 
                                        otherwise altering a conviction 
                                        or sentence shall have any 
                                        effect under this paragraph 
                                        unless the Attorney General or 
                                        Secretary of Homeland Security 
                                        determines that--

                                                    ``(AA) the court 
                                                issuing the order had 
                                                jurisdiction and 
                                                authority to do so; and

                                                    ``(BB) the order 
                                                was not entered for 
                                                rehabilitative purposes 
                                                or for purposes of 
                                                ameliorating the 
                                                immigration 
                                                consequences of the 
                                                conviction or sentence.

                                            ``(bb) Ameliorating 
                                        immigration consequences.--For 
                                        purposes of item (aa)(BB), the 
                                        order shall be presumed to be 
                                        for the purpose of ameliorating 
                                        immigration consequences if--

                                                    ``(AA) the order 
                                                was entered after the 
                                                initiation of any 
                                                proceeding to remove 
                                                the alien from the 
                                                United States; or

                                                    ``(BB) the alien 
                                                moved for the order 
                                                more than one year 
                                                after the date of the 
                                                original order of 
                                                conviction or 
                                                sentencing, whichever 
                                                is later.

                                            ``(cc) Authority of 
                                        immigration judge.--An 
                                        immigration judge is not 
                                        limited to consideration only 
                                        of material included in any 
                                        order vacating a conviction, 
                                        modifying a sentence, or 
                                        clarifying a sentence to 
                                        determine whether such order 
                                        should be given any effect 
                                        under this paragraph, but may 
                                        consider such additional 
                                        information as the immigration 
                                        judge determines appropriate.
                    ``(E) Additional limitations.--The Secretary of 
                Homeland Security or the Attorney General may by 
                regulation establish additional limitations and 
                conditions, consistent with this section, under which 
                an alien shall be ineligible for asylum under paragraph 
                (1).
                    ``(F) No judicial review.--There shall be no 
                judicial review of a determination of the Secretary of 
                Homeland Security or the Attorney General under 
                subparagraph (A)(xiii).''.

SEC. 106. EMPLOYMENT AUTHORIZATION.

    Paragraph (2) of section 208(d) of the Immigration and Nationality 
Act (8 U.S.C. 1158(d)) is amended to read as follows:
            ``(2) Employment authorization.--
                    ``(A) Authorization permitted.--An applicant for 
                asylum is not entitled to employment authorization, but 
                such authorization may be provided under regulation by 
                the Secretary of Homeland Security. An applicant who is 
                not otherwise eligible for employment authorization 
                shall not be granted such authorization prior to the 
                date that is 180 days after the date of filing of the 
                application for asylum.
                    ``(B) Termination.--Each grant of employment 
                authorization under subparagraph (A), and any renewal 
                or extension thereof, shall be valid for a period of 6 
                months, except that such authorization, renewal, or 
                extension shall terminate prior to the end of such 6 
                month period as follows:
                            ``(i) Immediately following the denial of 
                        an asylum application by an asylum officer, 
                        unless the case is referred to an immigration 
                        judge.
                            ``(ii) 30 days after the date on which an 
                        immigration judge denies an asylum application, 
                        unless the alien timely appeals to the Board of 
                        Immigration Appeals.
                            ``(iii) Immediately following the denial by 
                        the Board of Immigration Appeals of an appeal 
                        of a denial of an asylum application.
                    ``(C) Renewal.--The Secretary of Homeland Security 
                may not grant, renew, or extend employment 
                authorization to an alien if the alien was previously 
                granted employment authorization under subparagraph 
                (A), and the employment authorization was terminated 
                pursuant to a circumstance described in subparagraph 
                (B)(i), (ii), or (iii), unless a Federal court of 
                appeals remands the alien's case to the Board of 
                Immigration Appeals.
                    ``(D) Ineligibility.--The Secretary of Homeland 
                Security may not grant employment authorization to an 
                alien under this paragraph if the alien--
                            ``(i) is ineligible for asylum under 
                        subsection (b)(2)(A); or
                            ``(ii) entered or attempted to enter the 
                        United States at a place and time other than 
                        lawfully through a United States port of 
                        entry.''.

SEC. 107. ASYLUM FEES.

    Paragraph (3) of section 208(d) of the Immigration and Nationality 
Act (8 U.S.C. 1158(d)) is amended to read as follows:
            ``(3) Fees.--
                    ``(A) Application fee.--A fee of not less than $50 
                for each application for asylum shall be imposed. Such 
                fee shall not exceed the cost of adjudicating the 
                application. Such fee shall not apply to an 
                unaccompanied alien child who files an asylum 
                application in proceedings under section 240.
                    ``(B) Employment authorization.--A fee may also be 
                imposed for the consideration of an application for 
                employment authorization under this section and for 
                adjustment of status under section 209(b). Such a fee 
                shall not exceed the cost of adjudicating the 
                application.
                    ``(C) Payment.--Fees under this paragraph may be 
                assessed and paid over a period of time or by 
                installments.
                    ``(D) Rule of construction.--Nothing in this 
                paragraph shall be construed to limit the authority of 
                the Attorney General or Secretary of Homeland Security 
                to set adjudication and naturalization fees in 
                accordance with section 286(m).''.

SEC. 108. RULES FOR DETERMINING ASYLUM ELIGIBILITY.

    Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) 
is amended by adding at the end the following:
    ``(f) Rules for Determining Asylum Eligibility.--In making a 
determination under subsection (b)(1)(A) with respect to whether an 
alien is a refugee within the meaning of section 101(a)(42)(A), the 
following shall apply:
            ``(1) Particular social group.--The Secretary of Homeland 
        Security or the Attorney General shall not determine that an 
        alien is a member of a particular social group unless the alien 
        articulates on the record, or provides a basis on the record 
        for determining, the definition and boundaries of the alleged 
        particular social group, establishes that the particular social 
        group exists independently from the alleged persecution, and 
        establishes that the alien's claim of membership in a 
        particular social group does not involve--
                    ``(A) past or present criminal activity or 
                association (including gang membership);
                    ``(B) presence in a country with generalized 
                violence or a high crime rate;
                    ``(C) being the subject of a recruitment effort by 
                criminal, terrorist, or persecutory groups;
                    ``(D) the targeting of the applicant for criminal 
                activity for financial gain based on perceptions of 
                wealth or affluence;
                    ``(E) interpersonal disputes of which governmental 
                authorities in the relevant society or region were 
                unaware or uninvolved;
                    ``(F) private criminal acts of which governmental 
                authorities in the relevant society or region were 
                unaware or uninvolved;
                    ``(G) past or present terrorist activity or 
                association;
                    ``(H) past or present persecutory activity or 
                association; or
                    ``(I) status as an alien returning from the United 
                States.
            ``(2) Political opinion.--The Secretary of Homeland 
        Security or the Attorney General may not determine that an 
        alien holds a political opinion with respect to which the alien 
        is subject to persecution if the political opinion is 
        constituted solely by generalized disapproval of, disagreement 
        with, or opposition to criminal, terrorist, gang, guerilla, or 
        other non-state organizations and does not include expressive 
        behavior in furtherance of a cause against such organizations 
        related to efforts by the State to control such organizations 
        or behavior that is antithetical to or otherwise opposes the 
        ruling legal entity of the State or a unit thereof.
            ``(3) Persecution.--The Secretary of Homeland Security or 
        the Attorney General may not determine that an alien has been 
        subject to persecution or has a well-founded fear of 
        persecution based only on--
                    ``(A) the existence of laws or government policies 
                that are unenforced or infrequently enforced, unless 
                there is credible evidence that such a law or policy 
                has been or would be applied to the applicant 
                personally; or
                    ``(B) the conduct of rogue foreign government 
                officials acting outside the scope of their official 
                capacity.
            ``(4) Discretionary determination.--
                    ``(A) Adverse discretionary factors.--The Secretary 
                of Homeland Security or the Attorney General may only 
                grant asylum to an alien if the alien establishes that 
                he or she warrants a favorable exercise of discretion. 
                In making such a determination, the Attorney General or 
                Secretary of Homeland Security shall consider, if 
                applicable, an alien's use of fraudulent documents to 
                enter the United States, unless the alien arrived in 
                the United States by air, sea, or land directly from 
                the applicant's home country without transiting through 
                any other country.
                    ``(B) Favorable exercise of discretion not 
                permitted.--Except as provided in subparagraph (C), the 
                Attorney General or Secretary of Homeland Security 
                shall not favorably exercise discretion under this 
                section for any alien who--
                            ``(i) has accrued more than one year of 
                        unlawful presence in the United States, as 
                        defined in sections 212(a)(9)(B)(ii) and (iii), 
                        prior to filing an application for asylum;
                            ``(ii) at the time the asylum application 
                        is filed with the immigration court or is 
                        referred from the Department of Homeland 
                        Security, has--
                                    ``(I) failed to timely file (or 
                                timely file a request for an extension 
                                of time to file) any required Federal, 
                                State, or local income tax returns;
                                    ``(II) failed to satisfy any 
                                outstanding Federal, State, or local 
                                tax obligations; or
                                    ``(III) income that would result in 
                                tax liability under section 1 of the 
                                Internal Revenue Code of 1986 and that 
                                was not reported to the Internal 
                                Revenue Service;
                            ``(iii) has had two or more prior asylum 
                        applications denied for any reason;
                            ``(iv) has withdrawn a prior asylum 
                        application with prejudice or been found to 
                        have abandoned a prior asylum application;
                            ``(v) failed to attend an interview 
                        regarding his or her asylum application with 
                        the Department of Homeland Security, unless the 
                        alien shows by a preponderance of the evidence 
                        that--
                                    ``(I) exceptional circumstances 
                                prevented the alien from attending the 
                                interview; or
                                    ``(II) the interview notice was not 
                                mailed to the last address provided by 
                                the alien or the alien's representative 
                                and neither the alien nor the alien's 
                                representative received notice of the 
                                interview; or
                            ``(vi) was subject to a final order of 
                        removal, deportation, or exclusion and did not 
                        file a motion to reopen to seek asylum based on 
                        changed country conditions within one year of 
                        the change in country conditions.
                    ``(C) Exceptions.--If one or more of the adverse 
                discretionary factors set forth in subparagraph (B) are 
                present, the Attorney General or the Secretary, may, 
                notwithstanding such subparagraph (B), favorably 
                exercise discretion under section 208--
                            ``(i) in extraordinary circumstances, such 
                        as those involving national security or foreign 
                        policy considerations; or
                            ``(ii) if the alien, by clear and 
                        convincing evidence, demonstrates that the 
                        denial of the application for asylum would 
                        result in exceptional and extremely unusual 
                        hardship to the alien.
            ``(5) Limitation.--If the Secretary or the Attorney General 
        determines that an alien fails to satisfy the requirement under 
        paragraph (1), the alien may not be granted asylum based on 
        membership in a particular social group, and may not appeal the 
        determination of the Secretary or Attorney General, as 
        applicable. A determination under this paragraph shall not 
        serve as the basis for any motion to reopen or reconsider an 
        application for asylum or withholding of removal for any 
        reason, including a claim of ineffective assistance of counsel, 
        unless the alien complies with the procedural requirements for 
        such a motion and demonstrates that counsel's failure to 
        define, or provide a basis for defining, a formulation of a 
        particular social group was both not a strategic choice and 
        constituted egregious conduct.
            ``(6) Stereotypes.--Evidence offered in support of an 
        application for asylum that promotes cultural stereotypes about 
        a country, its inhabitants, or an alleged persecutor, including 
        stereotypes based on race, religion, nationality, or gender, 
        shall not be admissible in adjudicating that application, 
        except that evidence that an alleged persecutor holds 
        stereotypical views of the applicant shall be admissible.
            ``(7) Definitions.--In this section:
                    ``(A) The term `membership in a particular social 
                group' means membership in a group that is--
                            ``(i) composed of members who share a 
                        common immutable characteristic;
                            ``(ii) defined with particularity; and
                            ``(iii) socially distinct within the 
                        society in question.
                    ``(B) The term `political opinion' means an ideal 
                or conviction in support of the furtherance of a 
                discrete cause related to political control of a state 
                or a unit thereof.
                    ``(C) The term `persecution' means the infliction 
                of a severe level of harm constituting an exigent 
                threat by the government of a country or by persons or 
                an organization that the government was unable or 
                unwilling to control. Such term does not include--
                            ``(i) generalized harm or violence that 
                        arises out of civil, criminal, or military 
                        strife in a country;
                            ``(ii) all treatment that the United States 
                        regards as unfair, offensive, unjust, unlawful, 
                        or unconstitutional;
                            ``(iii) intermittent harassment, including 
                        brief detentions;
                            ``(iv) threats with no actual effort to 
                        carry out the threats, except that 
                        particularized threats of severe harm of an 
                        immediate and menacing nature made by an 
                        identified entity may constitute persecution; 
                        or
                            ``(v) non-severe economic harm or property 
                        damage.''.

SEC. 109. FIRM RESETTLEMENT.

    Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158), 
as amended by this Act, is further amended by adding at the end the 
following:
    ``(g) Firm Resettlement.--In determining whether an alien was 
firmly resettled in another country prior to arriving in the United 
States under subsection (b)(2)(A)(xiv), the following shall apply:
            ``(1) In general.--An alien shall be considered to have 
        firmly resettled in another country if, after the events giving 
        rise to the alien's asylum claim--
                    ``(A) the alien resided in a country through which 
                the alien transited prior to arriving in or entering 
                the United States and--
                            ``(i) received or was eligible for any 
                        permanent legal immigration status in that 
                        country;
                            ``(ii) resided in such a country with any 
                        non-permanent but indefinitely renewable legal 
                        immigration status (including asylee, refugee, 
                        or similar status, but excluding status of a 
                        tourist); or
                            ``(iii) resided in such a country and could 
                        have applied for and obtained an immigration 
                        status described in clause (ii);
                    ``(B) the alien physically resided voluntarily, and 
                without continuing to suffer persecution or torture, in 
                any one country for one year or more after departing 
                his country of nationality or last habitual residence 
                and prior to arrival in or entry into the United 
                States, except for any time spent in Mexico by an alien 
                who is not a native or citizen of Mexico solely as a 
                direct result of being returned to Mexico pursuant to 
                section 235(b)(3) or of being subject to metering; or
                    ``(C) the alien is a citizen of a country other 
                than the country in which the alien alleges a fear of 
                persecution, or was a citizen of such a country in the 
                case of an alien who renounces such citizenship, and 
                the alien was present in that country after departing 
                his country of nationality or last habitual residence 
                and prior to arrival in or entry into the United 
                States;
            ``(2) Burden of proof.--If an immigration judge determines 
        that an alien has firmly resettled in another country under 
        paragraph (1), the alien shall bear the burden of proving the 
        bar does not apply.
            ``(3) Firm resettlement of parent.--An alien shall be 
        presumed to have been firmly resettled in another country if 
        the alien's parent was firmly resettled in another country, the 
        parent's resettlement occurred before the alien turned 18 years 
        of age, and the alien resided with such parent at the time of 
        the firm resettlement, unless the alien establishes that he or 
        she could not have derived any permanent legal immigration 
        status or any non-permanent but indefinitely renewable legal 
        immigration status (including asylum, refugee, or similar 
        status, but excluding status of a tourist) from the alien's 
        parent.''.

SEC. 110. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.

    (a) In General.--Section 208(d)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``the Secretary of Homeland Security or'' before ``the Attorney 
        General'';
            (2) in subparagraph (A), by striking ``and of the 
        consequences, under paragraph (6), of knowingly filing a 
        frivolous application for asylum; and'' and inserting a 
        semicolon;
            (3) in subparagraph (B), by striking the period and 
        inserting ``; and''; and
            (4) by adding at the end the following:
                    ``(C) ensure that a written warning appears on the 
                asylum application advising the alien of the 
                consequences of filing a frivolous application and 
                serving as notice to the alien of the consequence of 
                filing a frivolous application.''.
    (b) Conforming Amendment.--Section 208(d)(6) of the Immigration and 
Nationality Act (8 U.S.C. 1158(d)(6)) is amended by striking ``If the'' 
and all that follows and inserting:
                    ``(A) In general.--If the Secretary of Homeland 
                Security or the Attorney General determines that an 
                alien has knowingly made a frivolous application for 
                asylum and the alien has received the notice under 
                paragraph (4)(C), the alien shall be permanently 
                ineligible for any benefits under this chapter, 
                effective as the date of the final determination of 
                such an application.
                    ``(B) Criteria.--An application is frivolous if the 
                Secretary of Homeland Security or the Attorney General 
                determines, consistent with subparagraph (C), that--
                            ``(i) it is so insufficient in substance 
                        that it is clear that the applicant knowingly 
                        filed the application solely or in part to 
                        delay removal from the United States, to seek 
                        employment authorization as an applicant for 
                        asylum pursuant to regulations issued pursuant 
                        to paragraph (2), or to seek issuance of a 
                        Notice to Appear in order to pursue 
                        Cancellation of Removal under section 240A(b); 
                        or
                            ``(ii) any of the material elements are 
                        knowingly fabricated.
                    ``(C) Sufficient opportunity to clarify.--In 
                determining that an application is frivolous, the 
                Secretary or the Attorney General, must be satisfied 
                that the applicant, during the course of the 
                proceedings, has had sufficient opportunity to clarify 
                any discrepancies or implausible aspects of the claim.
                    ``(D) Withholding of removal not precluded.--For 
                purposes of this section, a finding that an alien filed 
                a frivolous asylum application shall not preclude the 
                alien from seeking withholding of removal under section 
                241(b)(3) or protection pursuant to the Convention 
                Against Torture.''.

SEC. 111. TECHNICAL AMENDMENTS.

    Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)(D), by inserting ``Secretary 
                of Homeland Security or the'' before ``Attorney 
                General''; and
                    (B) in paragraph (3), by inserting ``Secretary of 
                Homeland Security or the'' before ``Attorney General'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``Attorney 
                General'' each place such term appears and inserting 
                ``Secretary of Homeland Security'';
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by inserting ``Secretary of Homeland 
                Security or the'' before ``Attorney General''; and
                    (C) in paragraph (3), by inserting ``Secretary of 
                Homeland Security or the'' before ``Attorney General''; 
                and
            (3) in subsection (d)--
                    (A) in paragraph (1), by inserting ``Secretary of 
                Homeland Security or the'' before ``Attorney General'' 
                each place such term appears; and
                    (B) in paragraph (5)--
                            (i) in subparagraph (A), by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security''; and
                            (ii) in subparagraph (B), by inserting 
                        ``Secretary of Homeland Security or the'' 
                        before ``Attorney General''.

SEC. 112. REQUIREMENT FOR PROCEDURES RELATING TO CERTAIN ASYLUM 
              APPLICATIONS.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Attorney General shall establish procedures 
to expedite the adjudication of asylum applications for aliens--
            (1) who are subject to removal proceedings under section 
        240 of the Immigration and Nationality Act (8 U.S.C. 1229a); 
        and
            (2) who are nationals of a Western Hemisphere country 
        sanctioned by the United States, as described in subsection 
        (b), as of January 1, 2023.
    (b) Western Hemisphere Country Sanctioned by the United States 
Described.--Subsection (a) shall apply only to an asylum application 
filed by an alien who is a national of a Western Hemisphere country 
subject to sanctions pursuant to--
            (1) the Cuban Liberty and Democratic Solidarity (LIBERTAD) 
        Act of 1996 (22 U.S.C. 6021 note);
            (2) the Reinforcing Nicaragua's Adherence to Conditions for 
        Electoral Reform Act of 2021 or the RENACER Act (50 U.S.C. 1701 
        note); or
            (3) Executive Order 13692 (80 Fed. Reg. 12747; declaring a 
        national emergency with respect to the situation in Venezuela).
    (c) Applicability.--This section shall only apply to an alien who 
files an application for asylum after the date of the enactment of this 
Act.

             TITLE II--BORDER SAFETY AND MIGRANT PROTECTION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Border Security and Enforcement 
Act of 2023''.

SEC. 202. INSPECTION OF APPLICANTS FOR ADMISSION.

    Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) 
is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) in clauses (i) and (ii), by 
                                striking ``section 212(a)(6)(C)'' 
                                inserting ``subparagraph (A) or (C) of 
                                section 212(a)(6)''; and
                                    (II) by adding at the end the 
                                following:
                            ``(iv) Ineligibility for parole.--An alien 
                        described in clause (i) or (ii) shall not be 
                        eligible for parole except as expressly 
                        authorized pursuant to section 212(d)(5), or 
                        for parole or release pursuant to section 
                        236(a).''; and
                            (ii) in subparagraph (B)--
                                    (I) in clause (ii), by striking 
                                ``asylum.'' and inserting ``asylum and 
                                shall not be released (including 
                                pursuant to parole or release pursuant 
                                to section 236(a) but excluding as 
                                expressly authorized pursuant to 
                                section 212(d)(5)) other than to be 
                                removed or returned to a country as 
                                described in paragraph (3).''; and
                                    (II) in clause (iii)(IV)--
                                            (aa) in the header by 
                                        striking ``detention'' and 
                                        inserting ``detention, return, 
                                        or removal''; and
                                            (bb) by adding at the end 
                                        the following: ``The alien 
                                        shall not be released 
                                        (including pursuant to parole 
                                        or release pursuant to section 
                                        236(a) but excluding as 
                                        expressly authorized pursuant 
                                        to section 212(d)(5)) other 
                                        than to be removed or returned 
                                        to a country as described in 
                                        paragraph (3).'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``Subject to 
                                subparagraphs (B) and (C),'' and 
                                inserting ``Subject to subparagraph (B) 
                                and paragraph (3),''; and
                                    (II) by adding at the end the 
                                following: ``The alien shall not be 
                                released (including pursuant to parole 
                                or release pursuant to section 236(a) 
                                but excluding as expressly authorized 
                                pursuant to section 212(d)(5)) other 
                                than to be removed or returned to a 
                                country as described in paragraph 
                                (3).''; and
                            (ii) by striking subparagraph (C);
                    (C) by redesignating paragraph (3) as paragraph 
                (5); and
                    (D) by inserting after paragraph (2) the following:
            ``(3) Return to foreign territory contiguous to the united 
        states.--
                    ``(A) In general.--The Secretary of Homeland 
                Security may return to a foreign territory contiguous 
                to the United States any alien arriving on land from 
                that territory (whether or not at a designated port of 
                entry) pending a proceeding under section 240 or review 
                of a determination under subsection 
                (b)(1)(B)(iii)(III).
                    ``(B) Mandatory return.--If at any time the 
                Secretary of Homeland Security cannot--
                            ``(i) comply with its obligations to detain 
                        an alien as required under clause (ii) and 
                        (iii)(IV) of subsection (b)(1)(B) and 
                        subsection (b)(2)(A); or
                            ``(ii) remove an alien to a country 
                        described in section 208(a)(2)(A),
                the Secretary of Homeland Security shall, without 
                exception, including pursuant to parole or release 
                pursuant to section 236(a) but excluding as expressly 
                authorized pursuant to section 212(d)(5), return to a 
                foreign territory contiguous to the United States any 
                alien arriving on land from that territory (whether or 
                not at a designated port of entry) pending a proceeding 
                under section 240 or review of a determination under 
                subsection (b)(1)(B)(iii)(III).
            ``(4) Enforcement by state attorneys general.--The attorney 
        general of a State, or other authorized State officer, alleging 
        a violation of the detention, return, or removal requirements 
        under paragraph (1), (2), or (3) that affects such State or its 
        residents, may bring an action against the Secretary of 
        Homeland Security on behalf of the residents of the State in an 
        appropriate United States district court to obtain appropriate 
        injunctive relief.''; and
            (2) by adding at the end the following:
    ``(e) Authority to Prohibit Introduction of Certain Aliens.--If the 
Secretary of Homeland Security determines, in his discretion, that the 
prohibition of the introduction of aliens who are inadmissible under 
subparagraph (A) or (C) of section 212(a)(6) or under section 212(a)(7) 
at an international land or maritime border of the United States is 
necessary to achieve operational control (as defined in section 2 of 
the Secure Fence Act of 2006 (8 U.S.C. 1701 note)) of such border, the 
Secretary may prohibit, in whole or in part, the introduction of such 
aliens at such border for such period of time as the Secretary 
determines is necessary for such purpose.''.

SEC. 203. OPERATIONAL DETENTION FACILITIES.

    (a) In General.--Not later than September 30, 2023, the Secretary 
of Homeland Security shall take all necessary actions to reopen or 
restore all U.S. Immigration and Customs Enforcement detention 
facilities that were in operation on January 20, 2021, that 
subsequently closed or with respect to which the use was altered, 
reduced, or discontinued after January 20, 2021. In carrying out the 
requirement under this subsection, the Secretary may use the authority 
under section 103(a)(11) of the Immigration and Nationality Act (8 
U.S.C. 1103(a)(11)).
    (b) Specific Facilities.--The requirement under subsection (a) 
shall include at a minimum, reopening, or restoring, the following 
facilities:
            (1) Irwin County Detention Center in Georgia.
            (2) C. Carlos Carreiro Immigration Detention Center in 
        Bristol County, Massachusetts.
            (3) Etowah County Detention Center in Gadsden, Alabama.
            (4) Glades County Detention Center in Moore Haven, Florida.
            (5) South Texas Family Residential Center.
    (c) Exception.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), the Secretary of Homeland Security is authorized to obtain 
        equivalent capacity for detention facilities at locations other 
        than those listed in subsection (b).
            (2) Limitation.--The Secretary may not take action under 
        paragraph (1) unless the capacity obtained would result in a 
        reduction of time and cost relative to the cost and time 
        otherwise required to obtain such capacity.
            (3) South texas family residential center.--The exception 
        under paragraph (1) shall not apply to the South Texas Family 
        Residential Center. The Secretary shall take all necessary 
        steps to modify and operate the South Texas Family Residential 
        Center in the same manner and capability it was operating on 
        January 20, 2021.
    (d) Periodic Report.--Not later than 90 days after the date of 
enactment of this Act, and every 90 days thereafter until September 30, 
2027, the Secretary of Homeland Security shall submit to the 
appropriate congressional committees a detailed plan for and a status 
report on--
            (1) compliance with the deadline under subsection (a);
            (2) the increase in detention capabilities required by this 
        section--
                    (A) for the 90 day period immediately preceding the 
                date such report is submitted; and
                    (B) for the period beginning on the first day of 
                the fiscal year during which the report is submitted, 
                and ending on the date such report is submitted;
            (3) the number of detention beds that were used and the 
        number of available detention beds that were not used during--
                    (A) the 90 day period immediately preceding the 
                date such report is submitted; and
                    (B) the period beginning on the first day of the 
                fiscal year during which the report is submitted, and 
                ending on the date such report is submitted;
            (4) the number of aliens released due to a lack of 
        available detention beds; and
            (5) the resources the Department of Homeland Security needs 
        in order to comply with the requirements under this section.
    (e) Notification.--The Secretary of Homeland Security shall notify 
Congress, and include with such notification a detailed description of 
the resources the Department of Homeland Security needs in order to 
detain all aliens whose detention is mandatory or nondiscretionary 
under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)--
            (1) not later than 5 days after all U.S. Immigration and 
        Customs Enforcement detention facilities reach 90 percent of 
        capacity;
            (2) not later than 5 days after all U.S. Immigration and 
        Customs Enforcement detention facilities reach 95 percent of 
        capacity; and
            (3) not later than 5 days after all U.S. Immigration and 
        Customs Enforcement detention facilities reach full capacity.
    (f) Appropriate Congressional Committees.--The term ``appropriate 
congressional committees'' means--
            (1) the Committee on the Judiciary of the House of 
        Representatives;
            (2) the Committee on Appropriations of the House of 
        Representatives;
            (3) the Committee on the Judiciary of the Senate; and
            (4) the Committee on Appropriations of the Senate.

           TITLE III--ENSURING UNITED FAMILIES AT THE BORDER

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Ensuring United Families at the 
Border Act''.

SEC. 302. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.

    (a) In General.--Section 235 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is 
amended by adding at the end the following:
    ``(j) Construction.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, judicial determination, consent decree, or settlement 
        agreement, the detention of any alien child who is not an 
        unaccompanied alien child shall be governed by sections 217, 
        235, 236, and 241 of the Immigration and Nationality Act (8 
        U.S.C. 1187, 1225, 1226, and 1231). There is no presumption 
        that an alien child who is not an unaccompanied alien child 
        should not be detained.
            ``(2) Family detention.--The Secretary of Homeland Security 
        shall--
                    ``(A) maintain the care and custody of an alien, 
                during the period during which the charges described in 
                clause (i) are pending, who--
                            ``(i) is charged only with a misdemeanor 
                        offense under section 275(a) of the Immigration 
                        and Nationality Act (8 U.S.C. 1325(a)); and
                            ``(ii) entered the United States with the 
                        alien's child who has not attained 18 years of 
                        age; and
                    ``(B) detain the alien with the alien's child.''.
    (b) Sense of Congress.--It is the sense of Congress that the 
amendments in this section to section 235 of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232) are intended to satisfy the requirements of the Settlement 
Agreement in Flores v. Meese, No. 85-4544 (C.D. Cal), as approved by 
the court on January 28, 1997, with respect to its interpretation in 
Flores v. Johnson, 212 F. Supp. 3d 864 (C.D. Cal. 2015), that the 
agreement applies to accompanied minors.
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
all actions that occur before, on, or after the date of the enactment 
of this Act.
    (d) Preemption of State Licensing Requirements.--Notwithstanding 
any other provision of law, judicial determination, consent decree, or 
settlement agreement, no State may require that an immigration 
detention facility used to detain children who have not attained 18 
years of age, or families consisting of one or more of such children 
and the parents or legal guardians of such children, that is located in 
that State, be licensed by the State or any political subdivision 
thereof.

                    TITLE IV--PROTECTION OF CHILDREN

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Protection of Children Act of 
2023''.

SEC. 402. FINDINGS.

    Congress makes the following findings:
            (1) Implementation of the provisions of the Trafficking 
        Victims Protection Reauthorization Act of 2008 that govern 
        unaccompanied alien children has incentivized multiple surges 
        of unaccompanied alien children arriving at the southwest 
        border in the years since the bill's enactment.
            (2) The provisions of the Trafficking Victims Protection 
        Reauthorization Act of 2008 that govern unaccompanied alien 
        children treat unaccompanied alien children from countries that 
        are contiguous to the United States disparately by swiftly 
        returning them to their home country absent indications of 
        trafficking or a credible fear of return, but allowing for the 
        release of unaccompanied alien children from noncontiguous 
        countries into the interior of the United States, often to 
        those individuals who paid to smuggle them into the country in 
        the first place.
            (3) The provisions of the Trafficking Victims Protection 
        Reauthorization Act of 2008 governing unaccompanied alien 
        children have enriched the cartels, who profit hundreds of 
        millions of dollars each year by smuggling unaccompanied alien 
        children to the southwest border, exploiting and sexually 
        abusing many such unaccompanied alien children on the perilous 
        journey.
            (4) Prior to 2008, the number of unaccompanied alien 
        children encountered at the southwest border never exceeded 
        1,000 in a single year.
            (5) The United States is currently in the midst of the 
        worst crisis of unaccompanied alien children in our nation's 
        history, with over 350,000 such unaccompanied alien children 
        encountered at the southwest border since Joe Biden became 
        President.
            (6) In 2022, during the Biden Administration, 152,057 
        unaccompanied alien children were encountered, the most ever in 
        a single year and an over 400 percent increase compared to the 
        last full fiscal year of the Trump Administration in which 
        33,239 unaccompanied alien children were encountered.
            (7) The Biden Administration has lost contact with at least 
        85,000 unaccompanied alien children who entered the United 
        States since Joe Biden took office.
            (8) The Biden Administration dismantled effective 
        safeguards put in place by the Trump Administration that 
        protected unaccompanied alien children from being abused by 
        criminals or exploited for illegal and dangerous child labor.
            (9) A recent New York Times investigation found that 
        unaccompanied alien children are being exploited in the labor 
        market and ``are ending up in some of the most punishing jobs 
        in the country.''
            (10) The Times investigation found unaccompanied alien 
        children, ``under intense pressure to earn money'' in order to 
        ``send cash back to their families while often being in debt to 
        their sponsors for smuggling fees, rent, and living expenses,'' 
        feared ``that they had become trapped in circumstances they 
        never could have imagined.''
            (11) The Biden Administration's Department of Health and 
        Human Services Secretary Xavier Becerra compared placing 
        unaccompanied alien children with sponsors, to widgets in an 
        assembly line, stating that, ``If Henry Ford had seen this in 
        his plant, he would have never become famous and rich. This is 
        not the way you do an assembly line.''
            (12) Department of Health and Human Services employees 
        working under Secretary Xavier Becerra's leadership penned a 
        July 2021 memorandum expressing serious concern that ``labor 
        trafficking was increasing'' and that the agency had become 
        ``one that rewards individuals for making quick releases, and 
        not one that rewards individuals for preventing unsafe 
        releases.''
            (13) Despite this, Secretary Xavier Becerra pressured then-
        Director of the Office of Refugee Resettlement Cindy Huang to 
        prioritize releases of unaccompanied alien children over 
        ensuring their safety, telling her ``if she could not increase 
        the number of discharges he would find someone who could'' and 
        then-Director Huang resigned one month later.
            (14) In June 2014, the Obama-Biden Administration requested 
        legal authority to exercise discretion in returning and 
        removing unaccompanied alien children from non-contiguous 
        countries back to their home countries.
            (15) In August 2014, the House of Representatives passed 
        H.R. 5320, which included the Protection of Children Act.
            (16) The Protection of Children Act of 2023 ends the 
        disparate policies of the Trafficking Victims Protection 
        Reauthorization Act of 2008 by ensuring the swift return of all 
        unaccompanied alien children to their country of origin if they 
        are not victims of trafficking and do not have a fear of 
        return.

SEC. 403. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

    (a) In General.--Section 235 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) by amending the heading to read as 
                        follows: ``Rules for unaccompanied alien 
                        children.--'';
                            (ii) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``who is a national or 
                                habitual resident of a country that is 
                                contiguous with the United States'';
                                    (II) in clause (i), by inserting 
                                ``and'' at the end;
                                    (III) in clause (ii), by striking 
                                ``; and'' and inserting a period; and
                                    (IV) by striking clause (iii); and
                            (iii) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``(8 U.S.C. 1101 et 
                                seq.) may--'' and inserting ``(8 U.S.C. 
                                1101 et seq.)--'';
                                    (II) in clause (i), by inserting 
                                before ``permit such child to 
                                withdraw'' the following: ``may''; and
                                    (III) in clause (ii), by inserting 
                                before ``return such child'' the 
                                following: ``shall''; and
                    (B) in paragraph (5)(D)--
                            (i) in the matter preceding clause (i), by 
                        striking ``, except for an unaccompanied alien 
                        child from a contiguous country subject to 
                        exceptions under subsection (a)(2),'' and 
                        inserting ``who does not meet the criteria 
                        listed in paragraph (2)(A)''; and
                            (ii) in clause (i), by inserting before the 
                        semicolon at the end the following: ``, which 
                        shall include a hearing before an immigration 
                        judge not later than 14 days after being 
                        screened under paragraph (4)'';
            (2) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by inserting 
                        before the semicolon the following: ``believed 
                        not to meet the criteria listed in subsection 
                        (a)(2)(A)''; and
                            (ii) in subparagraph (B), by inserting 
                        before the period the following: ``and does not 
                        meet the criteria listed in subsection 
                        (a)(2)(A)''; and
                    (B) in paragraph (3), by striking ``an 
                unaccompanied alien child in custody shall'' and all 
                that follows, and inserting the following: ``an 
                unaccompanied alien child in custody--
                    ``(A) in the case of a child who does not meet the 
                criteria listed in subsection (a)(2)(A), shall transfer 
                the custody of such child to the Secretary of Health 
                and Human Services not later than 30 days after 
                determining that such child is an unaccompanied alien 
                child who does not meet such criteria; or
                    ``(B) in the case of a child who meets the criteria 
                listed in subsection (a)(2)(A), may transfer the 
                custody of such child to the Secretary of Health and 
                Human Services after determining that such child is an 
                unaccompanied alien child who meets such criteria.''; 
                and
            (3) in subsection (c)--
                    (A) in paragraph (3), by inserting at the end the 
                following:
                    ``(D) Information about individuals with whom 
                children are placed.--
                            ``(i) Information to be provided to 
                        homeland security.--Before placing a child with 
                        an individual, the Secretary of Health and 
                        Human Services shall provide to the Secretary 
                        of Homeland Security, regarding the individual 
                        with whom the child will be placed, information 
                        on--
                                    ``(I) the name of the individual;
                                    ``(II) the social security number 
                                of the individual;
                                    ``(III) the date of birth of the 
                                individual;
                                    ``(IV) the location of the 
                                individual's residence where the child 
                                will be placed;
                                    ``(V) the immigration status of the 
                                individual, if known; and
                                    ``(VI) contact information for the 
                                individual.
                            ``(ii) Activities of the secretary of 
                        homeland security.--Not later than 30 days 
                        after receiving the information listed in 
                        clause (i), the Secretary of Homeland Security, 
                        upon determining that an individual with whom a 
                        child is placed is unlawfully present in the 
                        United States and not in removal proceedings 
                        pursuant to chapter 4 of title II of the 
                        Immigration and Nationality Act (8 U.S.C. 1221 
                        et seq.), shall initiate such removal 
                        proceedings.''; and
                    (B) in paragraph (5)--
                            (i) by inserting after ``to the greatest 
                        extent practicable'' the following: ``(at no 
                        expense to the Government)''; and
                            (ii) by striking ``have counsel to 
                        represent them'' and inserting ``have access to 
                        counsel to represent them''.
    (b) Effective Date.--The amendments made by this section shall 
apply to any unaccompanied alien child apprehended on or after the date 
that is 30 days after the date of enactment of this Act.

SEC. 404. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS UNABLE TO 
              REUNITE WITH EITHER PARENT.

    Section 101(a)(27)(J) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(27)(J)) is amended--
            (1) in clause (i), by striking ``, and whose reunification 
        with 1 or both of the immigrant's parents is not viable due to 
        abuse, neglect, abandonment, or a similar basis found under 
        State law''; and
            (2) in clause (iii)--
                    (A) in subclause (I), by striking ``and'' at the 
                end;
                    (B) in subclause (II), by inserting ``and'' after 
                the semicolon; and
                    (C) by adding at the end the following:
                                    ``(III) an alien may not be granted 
                                special immigrant status under this 
                                subparagraph if the alien's 
                                reunification with any one parent or 
                                legal guardian is not precluded by 
                                abuse, neglect, abandonment, or any 
                                similar cause under State law;''.

SEC. 405. RULE OF CONSTRUCTION.

    Nothing in this title shall be construed to limit the following 
procedures or practices relating to an unaccompanied alien child (as 
defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 
U.S.C. 279(g)(2))):
            (1) Screening of such a child for a credible fear of return 
        to his or her country of origin.
            (2) Screening of such a child to determine whether he or 
        she was a victim of trafficking.
            (3) Department of Health and Human Services policy in 
        effect on the date of the enactment of this Act requiring a 
        home study for such a child if he or she is under 12 years of 
        age.

                   TITLE V--VISA OVERSTAYS PENALTIES

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Visa Overstays Penalties Act''.

SEC. 502. EXPANDED PENALTIES FOR ILLEGAL ENTRY OR PRESENCE.

    Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) 
is amended--
            (1) in subsection (a) by inserting after ``for a subsequent 
        commission of any such offense'' the following: ``or if the 
        alien was previously convicted of an offense under subsection 
        (e)(2)(A)'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``at least $50 
                and not more than $250'' and inserting ``not less than 
                $500 and not more than $1,000''; and
                    (B) in paragraph (2), by inserting after ``in the 
                case of an alien who has been previously subject to a 
                civil penalty under this subsection'' the following: 
                ``or subsection (e)(2)(B)''; and
            (3) by adding at the end the following:
    ``(e) Visa Overstays.--
            ``(1) In general.--An alien who was admitted as a 
        nonimmigrant has violated this paragraph if the alien, for an 
        aggregate of 10 days or more, has failed--
                    ``(A) to maintain the nonimmigrant status in which 
                the alien was admitted, or to which it was changed 
                under section 248, including complying with the period 
                of stay authorized by the Secretary of Homeland 
                Security in connection with such status; or
                    ``(B) to comply otherwise with the conditions of 
                such nonimmigrant status.
            ``(2) Penalties.--An alien who has violated paragraph (1)--
                    ``(A) shall--
                            ``(i) for the first commission of such a 
                        violation, be fined under title 18, United 
                        States Code, or imprisoned not more than 6 
                        months, or both; and
                            ``(ii) for a subsequent commission of such 
                        a violation, or if the alien was previously 
                        convicted of an offense under subsection (a), 
                        be fined under such title 18, or imprisoned not 
                        more than 2 years, or both; and
                    ``(B) in addition to, and not in lieu of, any 
                penalty under subparagraph (A) and any other criminal 
                or civil penalties that may be imposed, shall be 
                subject to a civil penalty of--
                            ``(i) not less than $500 and not more than 
                        $1,000 for each violation; or
                            ``(ii) twice the amount specified in clause 
                        (i), in the case of an alien who has been 
                        previously subject to a civil penalty under 
                        this subparagraph or subsection (b).''.

                  TITLE VI--IMMIGRATION PAROLE REFORM

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Immigration Parole Reform Act of 
2023''.

SEC. 602. IMMIGRATION PAROLE REFORM.

    Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 
1182(d)(5)) is amended to read as follows:
    ``(5)(A) Except as provided in subparagraphs (B) and (C) and 
section 214(f), the Secretary of Homeland Security, in the discretion 
of the Secretary, may temporarily parole into the United States any 
alien applying for admission to the United States who is not present in 
the United States, under such conditions as the Secretary may 
prescribe, on a case-by-case basis, and not according to eligibility 
criteria describing an entire class of potential parole recipients, for 
urgent humanitarian reasons or significant public benefit. Parole 
granted under this subparagraph may not be regarded as an admission of 
the alien. When the purposes of such parole have been served in the 
opinion of the Secretary, the alien shall immediately return or be 
returned to the custody from which the alien was paroled. After such 
return, the case of the alien shall be dealt with in the same manner as 
the case of any other applicant for admission to the United States.
    ``(B) The Secretary of Homeland Security may grant parole to any 
alien who--
            ``(i) is present in the United States without lawful 
        immigration status;
            ``(ii) is the beneficiary of an approved petition under 
        section 203(a);
            ``(iii) is not otherwise inadmissible or removable; and
            ``(iv) is the spouse or child of a member of the Armed 
        Forces serving on active duty.
    ``(C) The Secretary of Homeland Security may grant parole to any 
alien--
            ``(i) who is a national of the Republic of Cuba and is 
        living in the Republic of Cuba;
            ``(ii) who is the beneficiary of an approved petition under 
        section 203(a);
            ``(iii) for whom an immigrant visa is not immediately 
        available;
            ``(iv) who meets all eligibility requirements for an 
        immigrant visa;
            ``(v) who is not otherwise inadmissible; and
            ``(vi) who is receiving a grant of parole in furtherance of 
        the commitment of the United States to the minimum level of 
        annual legal migration of Cuban nationals to the United States 
        specified in the U.S.-Cuba Joint Communique on Migration, done 
        at New York September 9, 1994, and reaffirmed in the Cuba-
        United States: Joint Statement on Normalization of Migration, 
        Building on the Agreement of September 9, 1994, done at New 
        York May 2, 1995.
    ``(D) The Secretary of Homeland Security may grant parole to an 
alien who is returned to a contiguous country under section 235(b)(3) 
to allow the alien to attend the alien's immigration hearing. The grant 
of parole shall not exceed the time required for the alien to be 
escorted to, and attend, the alien's immigration hearing scheduled on 
the same calendar day as the grant, and to immediately thereafter be 
escorted back to the contiguous country. A grant of parole under this 
subparagraph shall not be considered for purposes of determining 
whether the alien is inadmissible under this Act.
    ``(E) For purposes of determining an alien's eligibility for parole 
under subparagraph (A), an urgent humanitarian reason shall be limited 
to circumstances in which the alien establishes that--
            ``(i)(I) the alien has a medical emergency; and
            ``(II)(aa) the alien cannot obtain necessary treatment in 
        the foreign state in which the alien is residing; or
            ``(bb) the medical emergency is life-threatening and there 
        is insufficient time for the alien to be admitted to the United 
        States through the normal visa process;
            ``(ii) the alien is the parent or legal guardian of an 
        alien described in clause (i) and the alien described in clause 
        (i) is a minor;
            ``(iii) the alien is needed in the United States in order 
        to donate an organ or other tissue for transplant and there is 
        insufficient time for the alien to be admitted to the United 
        States through the normal visa process;
            ``(iv) the alien has a close family member in the United 
        States whose death is imminent and the alien could not arrive 
        in the United States in time to see such family member alive if 
        the alien were to be admitted to the United States through the 
        normal visa process;
            ``(v) the alien is seeking to attend the funeral of a close 
        family member and the alien could not arrive in the United 
        States in time to attend such funeral if the alien were to be 
        admitted to the United States through the normal visa process;
            ``(vi) the alien is an adopted child with an urgent medical 
        condition who is in the legal custody of the petitioner for a 
        final adoption-related visa and whose medical treatment is 
        required before the expected award of a final adoption-related 
        visa; or
            ``(vii) the alien is a lawful applicant for adjustment of 
        status under section 245 and is returning to the United States 
        after temporary travel abroad.
    ``(F) For purposes of determining an alien's eligibility for parole 
under subparagraph (A), a significant public benefit may be determined 
to result from the parole of an alien only if--
            ``(i) the alien has assisted (or will assist, whether 
        knowingly or not) the United States Government in a law 
        enforcement matter;
            ``(ii) the alien's presence is required by the Government 
        in furtherance of such law enforcement matter; and
            ``(iii) the alien is inadmissible, does not satisfy the 
        eligibility requirements for admission as a nonimmigrant, or 
        there is insufficient time for the alien to be admitted to the 
        United States through the normal visa process.
    ``(G) For purposes of determining an alien's eligibility for parole 
under subparagraph (A), the term `case-by-case basis' means that the 
facts in each individual case are considered and parole is not granted 
based on membership in a defined class of aliens to be granted parole. 
The fact that aliens are considered for or granted parole one-by-one 
and not as a group is not sufficient to establish that the parole 
decision is made on a `case-by-case basis'.
    ``(H) The Secretary of Homeland Security may not use the parole 
authority under this paragraph to parole an alien into the United 
States for any reason or purpose other than those described in 
subparagraphs (B), (C), (D), (E), and (F).
    ``(I) An alien granted parole may not accept employment, except 
that an alien granted parole pursuant to subparagraph (B) or (C) is 
authorized to accept employment for the duration of the parole, as 
evidenced by an employment authorization document issued by the 
Secretary of Homeland Security.
    ``(J) Parole granted after a departure from the United States shall 
not be regarded as an admission of the alien. An alien granted parole, 
whether as an initial grant of parole or parole upon reentry into the 
United States, is not eligible to adjust status to lawful permanent 
residence or for any other immigration benefit if the immigration 
status the alien had at the time of departure did not authorize the 
alien to adjust status or to be eligible for such benefit.
    ``(K)(i) Except as provided in clauses (ii) and (iii), parole shall 
be granted to an alien under this paragraph for the shorter of--
            ``(I) a period of sufficient length to accomplish the 
        activity described in subparagraph (D), (E), or (F) for which 
        the alien was granted parole; or
            ``(II) 1 year.
    ``(ii) Grants of parole pursuant to subparagraph (A) may be 
extended once, in the discretion of the Secretary, for an additional 
period that is the shorter of--
            ``(I) the period that is necessary to accomplish the 
        activity described in subparagraph (E) or (F) for which the 
        alien was granted parole; or
            ``(II) 1 year.
    ``(iii) Aliens who have a pending application to adjust status to 
permanent residence under section 245 may request extensions of parole 
under this paragraph, in 1-year increments, until the application for 
adjustment has been adjudicated. Such parole shall terminate 
immediately upon the denial of such adjustment application.
    ``(L) Not later than 90 days after the last day of each fiscal 
year, the Secretary of Homeland Security shall submit to the Committee 
on the Judiciary of the Senate and the Committee on the Judiciary of 
the House of Representatives and make available to the public, a 
report--
            ``(i) identifying the total number of aliens paroled into 
        the United States under this paragraph during the previous 
        fiscal year; and
            ``(ii) containing information and data regarding all aliens 
        paroled during such fiscal year, including--
                    ``(I) the duration of parole;
                    ``(II) the type of parole; and
                    ``(III) the current status of the aliens so 
                paroled.''.

SEC. 603. IMPLEMENTATION.

    (a) In General.--Except as provided in subsection (b), this Act and 
the amendments made by this Act shall take effect on the date that is 
30 days after the date of the enactment of this Act.
    (b) Exceptions.--Notwithstanding subsection (a), each of the 
following exceptions apply:
            (1) Any application for parole or advance parole filed by 
        an alien before the date of the enactment of this Act shall be 
        adjudicated under the law that was in effect on the date on 
        which the application was properly filed and any approved 
        advance parole shall remain valid under the law that was in 
        effect on the date on which the advance parole was approved.
            (2) Section 212(d)(5)(J) of the Immigration and Nationality 
        Act, as added by section 2, shall take effect on the date of 
        the enactment of this Act.
            (3) Aliens who were paroled into the United States pursuant 
        to section 212(d)(5)(A) of the Immigration and Nationality Act 
        (8 U.S.C. 1182(d)(5)(A)) before January 1, 2023, shall continue 
        to be subject to the terms of parole that were in effect on the 
        date on which their respective parole was approved.

SEC. 604. CAUSE OF ACTION.

    Any person, State, or local government that experiences financial 
harm in excess of $1,000 due to a failure of the Federal Government to 
lawfully apply the provisions of this Act or the amendments made by 
this Act shall have standing to bring a civil action against the 
Federal Government in an appropriate district court of the United 
States for appropriate relief.

SEC. 605. SEVERABILITY.

    If any provision of this Act or any amendment by this Act, or the 
application of such provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of this Act 
and the application of such provision or amendment to any other person 
or circumstance shall not be affected.

                       TITLE VII--LEGAL WORKFORCE

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Legal Workforce Act''.

SEC. 702. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.

    (a) In General.--Section 274A(b) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(b)) is amended to read as follows:
    ``(b) Employment Eligibility Verification Process.--
            ``(1) New hires, recruitment, and referral.--The 
        requirements referred to in paragraphs (1)(B) and (3) of 
        subsection (a) are, in the case of a person or other entity 
        hiring, recruiting, or referring an individual for employment 
        in the United States, the following:
                    ``(A) Attestation after examination of 
                documentation.--
                            ``(i) Attestation.--During the verification 
                        period (as defined in subparagraph (E)), the 
                        person or entity shall attest, under penalty of 
                        perjury and on a form, including electronic 
                        format, designated or established by the 
                        Secretary by regulation not later than 6 months 
                        after the date of the enactment of the Legal 
                        Workforce Act, that it has verified that the 
                        individual is not an unauthorized alien by--
                                    ``(I) obtaining from the individual 
                                the individual's social security 
                                account number or United States 
                                passport number and recording the 
                                number on the form (if the individual 
                                claims to have been issued such a 
                                number), and, if the individual does 
                                not attest to United States nationality 
                                under subparagraph (B), obtaining such 
                                identification or authorization number 
                                established by the Department of 
                                Homeland Security for the alien as the 
                                Secretary of Homeland Security may 
                                specify, and recording such number on 
                                the form; and
                                    ``(II) examining--
                                            ``(aa) a document relating 
                                        to the individual presenting it 
                                        described in clause (ii); or
                                            ``(bb) a document relating 
                                        to the individual presenting it 
                                        described in clause (iii) and a 
                                        document relating to the 
                                        individual presenting it 
                                        described in clause (iv).
                            ``(ii) Documents evidencing employment 
                        authorization and establishing identity.--A 
                        document described in this subparagraph is an 
                        individual's--
                                    ``(I) unexpired United States 
                                passport or passport card;
                                    ``(II) unexpired permanent resident 
                                card that contains a photograph;
                                    ``(III) unexpired employment 
                                authorization card that contains a 
                                photograph;
                                    ``(IV) in the case of a 
                                nonimmigrant alien authorized to work 
                                for a specific employer incident to 
                                status, a foreign passport with Form I-
                                94 or Form I-94A, or other 
                                documentation as designated by the 
                                Secretary specifying the alien's 
                                nonimmigrant status as long as the 
                                period of status has not yet expired 
                                and the proposed employment is not in 
                                conflict with any restrictions or 
                                limitations identified in the 
                                documentation;
                                    ``(V) passport from the Federated 
                                States of Micronesia (FSM) or the 
                                Republic of the Marshall Islands (RMI) 
                                with Form I-94 or Form I-94A, or other 
                                documentation as designated by the 
                                Secretary, indicating nonimmigrant 
                                admission under the Compact of Free 
                                Association Between the United States 
                                and the FSM or RMI; or
                                    ``(VI) other document designated by 
                                the Secretary of Homeland Security, if 
                                the document--
                                            ``(aa) contains a 
                                        photograph of the individual 
                                        and biometric identification 
                                        data from the individual and 
                                        such other personal identifying 
                                        information relating to the 
                                        individual as the Secretary of 
                                        Homeland Security finds, by 
                                        regulation, sufficient for 
                                        purposes of this clause;
                                            ``(bb) is evidence of 
                                        authorization of employment in 
                                        the United States; and
                                            ``(cc) contains security 
                                        features to make it resistant 
                                        to tampering, counterfeiting, 
                                        and fraudulent use.
                            ``(iii) Documents evidencing employment 
                        authorization.--A document described in this 
                        subparagraph is an individual's social security 
                        account number card (other than such a card 
                        which specifies on the face that the issuance 
                        of the card does not authorize employment in 
                        the United States).
                            ``(iv) Documents establishing identity of 
                        individual.--A document described in this 
                        subparagraph is--
                                    ``(I) an individual's unexpired 
                                State issued driver's license or 
                                identification card if it contains a 
                                photograph and information such as 
                                name, date of birth, gender, height, 
                                eye color, and address;
                                    ``(II) an individual's unexpired 
                                U.S. military identification card;
                                    ``(III) an individual's unexpired 
                                Native American tribal identification 
                                document issued by a tribal entity 
                                recognized by the Bureau of Indian 
                                Affairs; or
                                    ``(IV) in the case of an individual 
                                under 18 years of age, a parent or 
                                legal guardian's attestation under 
                                penalty of law as to the identity and 
                                age of the individual.
                            ``(v) Authority to prohibit use of certain 
                        documents.--If the Secretary of Homeland 
                        Security finds, by regulation, that any 
                        document described in clause (i), (ii), or 
                        (iii) as establishing employment authorization 
                        or identity does not reliably establish such 
                        authorization or identity or is being used 
                        fraudulently to an unacceptable degree, the 
                        Secretary may prohibit or place conditions on 
                        its use for purposes of this paragraph.
                            ``(vi) Signature.--Such attestation may be 
                        manifested by either a handwritten or 
                        electronic signature.
                    ``(B) Individual attestation of employment 
                authorization.--During the verification period (as 
                defined in subparagraph (E)), the individual shall 
                attest, under penalty of perjury on the form designated 
                or established for purposes of subparagraph (A), that 
                the individual is a citizen or national of the United 
                States, an alien lawfully admitted for permanent 
                residence, or an alien who is authorized under this Act 
                or by the Secretary of Homeland Security to be hired, 
                recruited, or referred for such employment. Such 
                attestation may be manifested by either a handwritten 
                or electronic signature. The individual shall also 
                provide that individual's social security account 
                number or United States passport number (if the 
                individual claims to have been issued such a number), 
                and, if the individual does not attest to United States 
                nationality under this subparagraph, such 
                identification or authorization number established by 
                the Department of Homeland Security for the alien as 
                the Secretary may specify.
                    ``(C) Retention of verification form and 
                verification.--
                            ``(i) In general.--After completion of such 
                        form in accordance with subparagraphs (A) and 
                        (B), the person or entity shall--
                                    ``(I) retain a paper or electronic 
                                version of the form and make it 
                                available for inspection by officers of 
                                the Department of Homeland Security, 
                                the Department of Justice, or the 
                                Department of Labor during a period 
                                beginning on the date of the recruiting 
                                or referral of the individual, or, in 
                                the case of the hiring of an 
                                individual, the date on which the 
                                verification is completed, and ending--
                                            ``(aa) in the case of the 
                                        recruiting or referral of an 
                                        individual, 3 years after the 
                                        date of the recruiting or 
                                        referral; and
                                            ``(bb) in the case of the 
                                        hiring of an individual, the 
                                        later of 3 years after the date 
                                        the verification is completed 
                                        or one year after the date the 
                                        individual's employment is 
                                        terminated; and
                                    ``(II) during the verification 
                                period (as defined in subparagraph 
                                (E)), make an inquiry, as provided in 
                                subsection (d), using the verification 
                                system to seek verification of the 
                                identity and employment eligibility of 
                                an individual.
                            ``(ii) Confirmation.--
                                    ``(I) Confirmation received.--If 
                                the person or other entity receives an 
                                appropriate confirmation of an 
                                individual's identity and work 
                                eligibility under the verification 
                                system within the time period 
                                specified, the person or entity shall 
                                record on the form an appropriate code 
                                that is provided under the system and 
                                that indicates a final confirmation of 
                                such identity and work eligibility of 
                                the individual.
                                    ``(II) Tentative nonconfirmation 
                                received.--If the person or other 
                                entity receives a tentative 
                                nonconfirmation of an individual's 
                                identity or work eligibility under the 
                                verification system within the time 
                                period specified, the person or entity 
                                shall so inform the individual for whom 
                                the verification is sought. If the 
                                individual does not contest the 
                                nonconfirmation within the time period 
                                specified, the nonconfirmation shall be 
                                considered final. The person or entity 
                                shall then record on the form an 
                                appropriate code which has been 
                                provided under the system to indicate a 
                                final nonconfirmation. If the 
                                individual does contest the 
                                nonconfirmation, the individual shall 
                                utilize the process for secondary 
                                verification provided under subsection 
                                (d). The nonconfirmation will remain 
                                tentative until a final confirmation or 
                                nonconfirmation is provided by the 
                                verification system within the time 
                                period specified. In no case shall an 
                                employer terminate employment of an 
                                individual because of a failure of the 
                                individual to have identity and work 
                                eligibility confirmed under this 
                                section until a nonconfirmation becomes 
                                final. Nothing in this clause shall 
                                apply to a termination of employment 
                                for any reason other than because of 
                                such a failure. In no case shall an 
                                employer rescind the offer of 
                                employment to an individual because of 
                                a failure of the individual to have 
                                identity and work eligibility confirmed 
                                under this subsection until a 
                                nonconfirmation becomes final. Nothing 
                                in this subclause shall apply to a 
                                recission of the offer of employment 
                                for any reason other than because of 
                                such a failure.
                                    ``(III) Final confirmation or 
                                nonconfirmation received.--If a final 
                                confirmation or nonconfirmation is 
                                provided by the verification system 
                                regarding an individual, the person or 
                                entity shall record on the form an 
                                appropriate code that is provided under 
                                the system and that indicates a 
                                confirmation or nonconfirmation of 
                                identity and work eligibility of the 
                                individual.
                                    ``(IV) Extension of time.--If the 
                                person or other entity in good faith 
                                attempts to make an inquiry during the 
                                time period specified and the 
                                verification system has registered that 
                                not all inquiries were received during 
                                such time, the person or entity may 
                                make an inquiry in the first subsequent 
                                working day in which the verification 
                                system registers that it has received 
                                all inquiries. If the verification 
                                system cannot receive inquiries at all 
                                times during a day, the person or 
                                entity merely has to assert that the 
                                entity attempted to make the inquiry on 
                                that day for the previous sentence to 
                                apply to such an inquiry, and does not 
                                have to provide any additional proof 
                                concerning such inquiry.
                                    ``(V) Consequences of 
                                nonconfirmation.--
                                            ``(aa) Termination or 
                                        notification of continued 
                                        employment.--If the person or 
                                        other entity has received a 
                                        final nonconfirmation regarding 
                                        an individual, the person or 
                                        entity may terminate employment 
                                        of the individual (or decline 
                                        to recruit or refer the 
                                        individual). If the person or 
                                        entity does not terminate 
                                        employment of the individual or 
                                        proceeds to recruit or refer 
                                        the individual, the person or 
                                        entity shall notify the 
                                        Secretary of Homeland Security 
                                        of such fact through the 
                                        verification system or in such 
                                        other manner as the Secretary 
                                        may specify.
                                            ``(bb) Failure to notify.--
                                        If the person or entity fails 
                                        to provide notice with respect 
                                        to an individual as required 
                                        under item (aa), the failure is 
                                        deemed to constitute a 
                                        violation of subsection 
                                        (a)(1)(A) with respect to that 
                                        individual.
                                    ``(VI) Continued employment after 
                                final nonconfirmation.--If the person 
                                or other entity continues to employ (or 
                                to recruit or refer) an individual 
                                after receiving final nonconfirmation, 
                                a rebuttable presumption is created 
                                that the person or entity has violated 
                                subsection (a)(1)(A).
                    ``(D) Effective dates of new procedures.--
                            ``(i) Hiring.--Except as provided in clause 
                        (iii), the provisions of this paragraph shall 
                        apply to a person or other entity hiring an 
                        individual for employment in the United States 
                        as follows:
                                    ``(I) With respect to employers 
                                having 10,000 or more employees in the 
                                United States on the date of the 
                                enactment of the Legal Workforce Act, 
                                on the date that is 6 months after the 
                                date of the enactment of such Act.
                                    ``(II) With respect to employers 
                                having 500 or more employees in the 
                                United States, but less than 10,000 
                                employees in the United States, on the 
                                date of the enactment of the Legal 
                                Workforce Act, on the date that is 12 
                                months after the date of the enactment 
                                of such Act.
                                    ``(III) With respect to employers 
                                having 20 or more employees in the 
                                United States, but less than 500 
                                employees in the United States, on the 
                                date of the enactment of the Legal 
                                Workforce Act, on the date that is 18 
                                months after the date of the enactment 
                                of such Act.
                                    ``(IV) With respect to employers 
                                having one or more employees in the 
                                United States, but less than 20 
                                employees in the United States, on the 
                                date of the enactment of the Legal 
                                Workforce Act, on the date that is 24 
                                months after the date of the enactment 
                                of such Act.
                            ``(ii) Recruiting and referring.--Except as 
                        provided in clause (iii), the provisions of 
                        this paragraph shall apply to a person or other 
                        entity recruiting or referring an individual 
                        for employment in the United States on the date 
                        that is 12 months after the date of the 
                        enactment of the Legal Workforce Act.
                            ``(iii) Agricultural labor or services.--
                        With respect to an employee performing 
                        agricultural labor or services, this paragraph 
                        shall not apply with respect to the 
                        verification of the employee until the date 
                        that is 36 months after the date of the 
                        enactment of the Legal Workforce Act. For 
                        purposes of the preceding sentence, the term 
                        `agricultural labor or services' has the 
                        meaning given such term by the Secretary of 
                        Agriculture in regulations and includes 
                        agricultural labor as defined in section 
                        3121(g) of the Internal Revenue Code of 1986, 
                        agriculture as defined in section 3(f) of the 
                        Fair Labor Standards Act of 1938 (29 U.S.C. 
                        203(f)), the handling, planting, drying, 
                        packing, packaging, processing, freezing, or 
                        grading prior to delivery for storage of any 
                        agricultural or horticultural commodity in its 
                        unmanufactured state, all activities required 
                        for the preparation, processing or 
                        manufacturing of a product of agriculture (as 
                        such term is defined in such section 3(f)) for 
                        further distribution, and activities similar to 
                        all the foregoing as they relate to fish or 
                        shellfish facilities. An employee described in 
                        this clause shall not be counted for purposes 
                        of clause (i).
                            ``(iv) Extensions.--
                                    ``(I) On request.--Upon request by 
                                an employer having 50 or fewer 
                                employees, the Secretary shall allow a 
                                one-time 6-month extension of the 
                                effective date set out in this 
                                subparagraph applicable to such 
                                employer. Such request shall be made to 
                                the Secretary and shall be made prior 
                                to such effective date.
                                    ``(II) Following report.--If the 
                                study under section 715 of the Legal 
                                Workforce Act has been submitted in 
                                accordance with such section, the 
                                Secretary of Homeland Security may 
                                extend the effective date set out in 
                                clause (iii) on a one-time basis for 12 
                                months.
                            ``(v) Transition rule.--Subject to 
                        paragraph (4), the following shall apply to a 
                        person or other entity hiring, recruiting, or 
                        referring an individual for employment in the 
                        United States until the effective date or dates 
                        applicable under clauses (i) through (iii):
                                    ``(I) This subsection, as in effect 
                                before the enactment of the Legal 
                                Workforce Act.
                                    ``(II) Subtitle A of title IV of 
                                the Illegal Immigration Reform and 
                                Immigrant Responsibility Act of 1996 (8 
                                U.S.C. 1324a note), as in effect before 
                                the effective date in section 707(c) of 
                                the Legal Workforce Act.
                                    ``(III) Any other provision of 
                                Federal law requiring the person or 
                                entity to participate in the E-Verify 
                                Program described in section 403(a) of 
                                the Illegal Immigration Reform and 
                                Immigrant Responsibility Act of 1996 (8 
                                U.S.C. 1324a note), as in effect before 
                                the effective date in section 707(c) of 
                                the Legal Workforce Act, including 
                                Executive Order 13465 (8 U.S.C. 1324a 
                                note; relating to Government 
                                procurement).
                    ``(E) Verification period defined.--
                            ``(i) In general.--For purposes of this 
                        paragraph:
                                    ``(I) In the case of recruitment or 
                                referral, the term `verification 
                                period' means the period ending on the 
                                date recruiting or referring commences.
                                    ``(II) In the case of hiring, the 
                                term `verification period' means the 
                                period beginning on the date on which 
                                an offer of employment is extended and 
                                ending on the date that is three 
                                business days after the date of hire, 
                                except as provided in clause (iii). The 
                                offer of employment may be conditioned 
                                in accordance with clause (ii).
                            ``(ii) Job offer may be conditional.--A 
                        person or other entity may offer a prospective 
                        employee an employment position that is 
                        conditioned on final verification of the 
                        identity and employment eligibility of the 
                        employee using the procedures established under 
                        this paragraph.
                            ``(iii) Special rule.--Notwithstanding 
                        clause (i)(II), in the case of an alien who is 
                        authorized for employment and who provides 
                        evidence from the Social Security 
                        Administration that the alien has applied for a 
                        social security account number, the 
                        verification period ends three business days 
                        after the alien receives the social security 
                        account number.
            ``(2) Reverification for individuals with limited work 
        authorization.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a person or entity shall make an 
                inquiry, as provided in subsection (d), using the 
                verification system to seek reverification of the 
                identity and employment eligibility of all individuals 
                with a limited period of work authorization employed by 
                the person or entity during the three business days 
                after the date on which the employee's work 
                authorization expires as follows:
                            ``(i) With respect to employers having 
                        10,000 or more employees in the United States 
                        on the date of the enactment of the Legal 
                        Workforce Act, beginning on the date that is 6 
                        months after the date of the enactment of such 
                        Act.
                            ``(ii) With respect to employers having 500 
                        or more employees in the United States, but 
                        less than 10,000 employees in the United 
                        States, on the date of the enactment of the 
                        Legal Workforce Act, beginning on the date that 
                        is 12 months after the date of the enactment of 
                        such Act.
                            ``(iii) With respect to employers having 20 
                        or more employees in the United States, but 
                        less than 500 employees in the United States, 
                        on the date of the enactment of the Legal 
                        Workforce Act, beginning on the date that is 18 
                        months after the date of the enactment of such 
                        Act.
                            ``(iv) With respect to employers having one 
                        or more employees in the United States, but 
                        less than 20 employees in the United States, on 
                        the date of the enactment of the Legal 
                        Workforce Act, beginning on the date that is 24 
                        months after the date of the enactment of such 
                        Act.
                    ``(B) Agricultural labor or services.--With respect 
                to an employee performing agricultural labor or 
                services, or an employee recruited or referred by a 
                farm labor contractor (as defined in section 3 of the 
                Migrant and Seasonal Agricultural Worker Protection Act 
                (29 U.S.C. 1801)), subparagraph (A) shall not apply 
                with respect to the reverification of the employee 
                until the date that is 36 months after the date of the 
                enactment of the Legal Workforce Act. For purposes of 
                the preceding sentence, the term `agricultural labor or 
                services' has the meaning given such term by the 
                Secretary of Agriculture in regulations and includes 
                agricultural labor as defined in section 3121(g) of the 
                Internal Revenue Code of 1986, agriculture as defined 
                in section 3(f) of the Fair Labor Standards Act of 1938 
                (29 U.S.C. 203(f)), the handling, planting, drying, 
                packing, packaging, processing, freezing, or grading 
                prior to delivery for storage of any agricultural or 
                horticultural commodity in its unmanufactured state, 
                all activities required for the preparation, 
                processing, or manufacturing of a product of 
                agriculture (as such term is defined in such section 
                3(f)) for further distribution, and activities similar 
                to all the foregoing as they relate to fish or 
                shellfish facilities. An employee described in this 
                subparagraph shall not be counted for purposes of 
                subparagraph (A).
                    ``(C) Reverification.--Paragraph (1)(C)(ii) shall 
                apply to reverifications pursuant to this paragraph on 
                the same basis as it applies to verifications pursuant 
                to paragraph (1), except that employers shall--
                            ``(i) use a form designated or established 
                        by the Secretary by regulation for purposes of 
                        this paragraph; and
                            ``(ii) retain a paper or electronic version 
                        of the form and make it available for 
                        inspection by officers of the Department of 
                        Homeland Security, the Department of Justice, 
                        or the Department of Labor during the period 
                        beginning on the date the reverification 
                        commences and ending on the date that is the 
                        later of 3 years after the date of such 
                        reverification or 1 year after the date the 
                        individual's employment is terminated.
            ``(3) Previously hired individuals.--
                    ``(A) On a mandatory basis for certain employees.--
                            ``(i) In general.--Not later than the date 
                        that is 6 months after the date of the 
                        enactment of the Legal Workforce Act, an 
                        employer shall make an inquiry, as provided in 
                        subsection (d), using the verification system 
                        to seek verification of the identity and 
                        employment eligibility of any individual 
                        described in clause (ii) employed by the 
                        employer whose employment eligibility has not 
                        been verified under the E-Verify Program 
                        described in section 403(a) of the Illegal 
                        Immigration Reform and Immigrant Responsibility 
                        Act of 1996 (8 U.S.C. 1324a note).
                            ``(ii) Individuals described.--An 
                        individual described in this clause is any of 
                        the following:
                                    ``(I) An employee of any unit of a 
                                Federal, State, or local government.
                                    ``(II) An employee who requires a 
                                Federal security clearance working in a 
                                Federal, State, or local government 
                                building, a military base, a nuclear 
                                energy site, a weapons site, or an 
                                airport or other facility that requires 
                                workers to carry a Transportation 
                                Worker Identification Credential 
                                (TWIC).
                                    ``(III) An employee assigned to 
                                perform work in the United States under 
                                a Federal contract, except that this 
                                subclause--
                                            ``(aa) is not applicable to 
                                        individuals who have a 
                                        clearance under Homeland 
                                        Security Presidential Directive 
                                        12 (HSPD 12 clearance), are 
                                        administrative or overhead 
                                        personnel, or are working 
                                        solely on contracts that 
                                        provide Commercial Off The 
                                        Shelf goods or services as set 
                                        forth by the Federal 
                                        Acquisition Regulatory Council, 
                                        unless they are subject to 
                                        verification under subclause 
                                        (II); and
                                            ``(bb) only applies to 
                                        contracts over the simple 
                                        acquisition threshold as 
                                        defined in section 2.101 of 
                                        title 48, Code of Federal 
                                        Regulations.
                    ``(B) On a mandatory basis for multiple users of 
                same social security account number.--In the case of an 
                employer who is required by this subsection to use the 
                verification system described in subsection (d), or has 
                elected voluntarily to use such system, the employer 
                shall make inquiries to the system in accordance with 
                the following:
                            ``(i) The Commissioner of Social Security 
                        shall notify annually employees (at the 
                        employee address listed on the Wage and Tax 
                        Statement) who submit a social security account 
                        number to which more than one employer reports 
                        income and for which there is a pattern of 
                        unusual multiple use. The notification letter 
                        shall identify the number of employers to which 
                        income is being reported as well as sufficient 
                        information notifying the employee of the 
                        process to contact the Social Security 
                        Administration Fraud Hotline if the employee 
                        believes the employee's identity may have been 
                        stolen. The notice shall not share information 
                        protected as private, in order to avoid any 
                        recipient of the notice from being in the 
                        position to further commit or begin committing 
                        identity theft.
                            ``(ii) If the person to whom the social 
                        security account number was issued by the 
                        Social Security Administration has been 
                        identified and confirmed by the Commissioner, 
                        and indicates that the social security account 
                        number was used without their knowledge, the 
                        Secretary and the Commissioner shall lock the 
                        social security account number for employment 
                        eligibility verification purposes and shall 
                        notify the employers of the individuals who 
                        wrongfully submitted the social security 
                        account number that the employee may not be 
                        work eligible.
                            ``(iii) Each employer receiving such 
                        notification of an incorrect social security 
                        account number under clause (ii) shall use the 
                        verification system described in subsection (d) 
                        to check the work eligibility status of the 
                        applicable employee within 10 business days of 
                        receipt of the notification.
                    ``(C) On a voluntary basis.--Subject to paragraph 
                (2), and subparagraphs (A) through (C) of this 
                paragraph, beginning on the date that is 30 days after 
                the date of the enactment of the Legal Workforce Act, 
                an employer may make an inquiry, as provided in 
                subsection (d), using the verification system to seek 
                verification of the identity and employment eligibility 
                of any individual employed by the employer. If an 
                employer chooses voluntarily to seek verification of 
                any individual employed by the employer, the employer 
                shall seek verification of all individuals employed at 
                the same geographic location or, at the option of the 
                employer, all individuals employed within the same job 
                category, as the employee with respect to whom the 
                employer seeks voluntarily to use the verification 
                system. An employer's decision about whether or not 
                voluntarily to seek verification of its current 
                workforce under this subparagraph may not be considered 
                by any government agency in any proceeding, 
                investigation, or review provided for in this Act.
                    ``(D) Verification.--Paragraph (1)(C)(ii) shall 
                apply to verifications pursuant to this paragraph on 
                the same basis as it applies to verifications pursuant 
                to paragraph (1), except that employers shall--
                            ``(i) use a form designated or established 
                        by the Secretary by regulation for purposes of 
                        this paragraph; and
                            ``(ii) retain a paper or electronic version 
                        of the form and make it available for 
                        inspection by officers of the Department of 
                        Homeland Security, the Department of Justice, 
                        or the Department of Labor during the period 
                        beginning on the date the verification 
                        commences and ending on the date that is the 
                        later of 3 years after the date of such 
                        verification or 1 year after the date the 
                        individual's employment is terminated.
            ``(4) Early compliance.--
                    ``(A) Former e-verify required users, including 
                federal contractors.--Notwithstanding the deadlines in 
                paragraphs (1) and (2), beginning on the date of the 
                enactment of the Legal Workforce Act, the Secretary is 
                authorized to commence requiring employers required to 
                participate in the E-Verify Program described in 
                section 403(a) of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
                note), including employers required to participate in 
                such program by reason of Federal acquisition laws (and 
                regulations promulgated under those laws, including the 
                Federal Acquisition Regulation), to commence compliance 
                with the requirements of this subsection (and any 
                additional requirements of such Federal acquisition 
                laws and regulation) in lieu of any requirement to 
                participate in the E-Verify Program.
                    ``(B) Former e-verify voluntary users and others 
                desiring early compliance.--Notwithstanding the 
                deadlines in paragraphs (1) and (2), beginning on the 
                date of the enactment of the Legal Workforce Act, the 
                Secretary shall provide for the voluntary compliance 
                with the requirements of this subsection by employers 
                voluntarily electing to participate in the E-Verify 
                Program described in section 403(a) of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (8 U.S.C. 1324a note) before such date, as well as 
                by other employers seeking voluntary early compliance.
            ``(5) Copying of documentation permitted.--Notwithstanding 
        any other provision of law, the person or entity may copy a 
        document presented by an individual pursuant to this subsection 
        and may retain the copy, but only (except as otherwise 
        permitted under law) for the purpose of complying with the 
        requirements of this subsection.
            ``(6) Limitation on use of forms.--A form designated or 
        established by the Secretary of Homeland Security under this 
        subsection and any information contained in or appended to such 
        form, may not be used for purposes other than for enforcement 
        of this Act and any other provision of Federal criminal law.
            ``(7) Good faith compliance.--
                    ``(A) In general.--Except as otherwise provided in 
                this subsection, a person or entity is considered to 
                have complied with a requirement of this subsection 
                notwithstanding a technical or procedural failure to 
                meet such requirement if there was a good faith attempt 
                to comply with the requirement.
                    ``(B) Exception if failure to correct after 
                notice.--Subparagraph (A) shall not apply if--
                            ``(i) the failure is not de minimus;
                            ``(ii) the Secretary of Homeland Security 
                        has explained to the person or entity the basis 
                        for the failure and why it is not de minimus;
                            ``(iii) the person or entity has been 
                        provided a period of not less than 30 calendar 
                        days (beginning after the date of the 
                        explanation) within which to correct the 
                        failure; and
                            ``(iv) the person or entity has not 
                        corrected the failure voluntarily within such 
                        period.
                    ``(C) Exception for pattern or practice 
                violators.--Subparagraph (A) shall not apply to a 
                person or entity that has engaged or is engaging in a 
                pattern or practice of violations of subsection 
                (a)(1)(A) or (a)(2).
            ``(8) Single extension of deadlines upon certification.--In 
        a case in which the Secretary of Homeland Security has 
        certified to the Congress that the employment eligibility 
        verification system required under subsection (d) will not be 
        fully operational by the date that is 6 months after the date 
        of the enactment of the Legal Workforce Act, each deadline 
        established under this section for an employer to make an 
        inquiry using such system shall be extended by 6 months. No 
        other extension of such a deadline shall be made except as 
        authorized under paragraph (1)(D)(iv).''.
    (b) Date of Hire.--Section 274A(h) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end the 
following:
            ``(4) Definition of date of hire.--As used in this section, 
        the term `date of hire' means the date of actual commencement 
        of employment for wages or other remuneration, unless otherwise 
        specified.''.

SEC. 703. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

    Section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 
1324a(d)) is amended to read as follows:
    ``(d) Employment Eligibility Verification System.--
            ``(1) In general.--Patterned on the employment eligibility 
        confirmation system established under section 404 of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1324a note), the Secretary of Homeland Security 
        shall establish and administer a verification system through 
        which the Secretary (or a designee of the Secretary, which may 
        be a nongovernmental entity)--
                    ``(A) responds to inquiries made by persons at any 
                time through a toll-free electronic media concerning an 
                individual's identity and whether the individual is 
                authorized to be employed; and
                    ``(B) maintains records of the inquiries that were 
                made, of verifications provided (or not provided), and 
                of the codes provided to inquirers as evidence of their 
                compliance with their obligations under this section.
            ``(2) Initial response.--The verification system shall 
        provide confirmation or a tentative nonconfirmation of an 
        individual's identity and employment eligibility within 3 
        working days of the initial inquiry. If providing confirmation 
        or tentative nonconfirmation, the verification system shall 
        provide an appropriate code indicating such confirmation or 
        such nonconfirmation.
            ``(3) Secondary confirmation process in case of tentative 
        nonconfirmation.--In cases of tentative nonconfirmation, the 
        Secretary shall specify, in consultation with the Commissioner 
        of Social Security, an available secondary verification process 
        to confirm the validity of information provided and to provide 
        a final confirmation or nonconfirmation not later than 10 
        working days after the date on which the notice of the 
        tentative nonconfirmation is received by the employee. The 
        Secretary, in consultation with the Commissioner, may extend 
        this deadline once on a case-by-case basis for a period of 10 
        working days, and if the time is extended, shall document such 
        extension within the verification system. The Secretary, in 
        consultation with the Commissioner, shall notify the employee 
        and employer of such extension. The Secretary, in consultation 
        with the Commissioner, shall create a standard process of such 
        extension and notification and shall make a description of such 
        process available to the public. When final confirmation or 
        nonconfirmation is provided, the verification system shall 
        provide an appropriate code indicating such confirmation or 
        nonconfirmation.
            ``(4) Design and operation of system.--The verification 
        system shall be designed and operated--
                    ``(A) to maximize its reliability and ease of use 
                by persons and other entities consistent with 
                insulating and protecting the privacy and security of 
                the underlying information;
                    ``(B) to respond to all inquiries made by such 
                persons and entities on whether individuals are 
                authorized to be employed and to register all times 
                when such inquiries are not received;
                    ``(C) with appropriate administrative, technical, 
                and physical safeguards to prevent unauthorized 
                disclosure of personal information;
                    ``(D) to have reasonable safeguards against the 
                system's resulting in unlawful discriminatory practices 
                based on national origin or citizenship status, 
                including--
                            ``(i) the selective or unauthorized use of 
                        the system to verify eligibility; or
                            ``(ii) the exclusion of certain individuals 
                        from consideration for employment as a result 
                        of a perceived likelihood that additional 
                        verification will be required, beyond what is 
                        required for most job applicants;
                    ``(E) to maximize the prevention of identity theft 
                use in the system; and
                    ``(F) to limit the subjects of verification to the 
                following individuals:
                            ``(i) Individuals hired, referred, or 
                        recruited, in accordance with paragraph (1) or 
                        (4) of subsection (b).
                            ``(ii) Employees and prospective employees, 
                        in accordance with paragraph (1), (2), (3), or 
                        (4) of subsection (b).
                            ``(iii) Individuals seeking to confirm 
                        their own employment eligibility on a voluntary 
                        basis.
            ``(5) Responsibilities of commissioner of social 
        security.--As part of the verification system, the Commissioner 
        of Social Security, in consultation with the Secretary of 
        Homeland Security (and any designee of the Secretary selected 
        to establish and administer the verification system), shall 
        establish a reliable, secure method, which, within the time 
        periods specified under paragraphs (2) and (3), compares the 
        name and social security account number provided in an inquiry 
        against such information maintained by the Commissioner in 
        order to validate (or not validate) the information provided 
        regarding an individual whose identity and employment 
        eligibility must be confirmed, the correspondence of the name 
        and number, and whether the individual has presented a social 
        security account number that is not valid for employment. The 
        Commissioner shall not disclose or release social security 
        information (other than such confirmation or nonconfirmation) 
        under the verification system except as provided for in this 
        section or section 205(c)(2)(I) of the Social Security Act.
            ``(6) Responsibilities of secretary of homeland security.--
        As part of the verification system, the Secretary of Homeland 
        Security (in consultation with any designee of the Secretary 
        selected to establish and administer the verification system), 
        shall establish a reliable, secure method, which, within the 
        time periods specified under paragraphs (2) and (3), compares 
        the name and alien identification or authorization number (or 
        any other information as determined relevant by the Secretary) 
        which are provided in an inquiry against such information 
        maintained or accessed by the Secretary in order to validate 
        (or not validate) the information provided, the correspondence 
        of the name and number, whether the alien is authorized to be 
        employed in the United States, or to the extent that the 
        Secretary determines to be feasible and appropriate, whether 
        the records available to the Secretary verify the identity or 
        status of a national of the United States.
            ``(7) Updating information.--The Commissioner of Social 
        Security and the Secretary of Homeland Security shall update 
        their information in a manner that promotes the maximum 
        accuracy and shall provide a process for the prompt correction 
        of erroneous information, including instances in which it is 
        brought to their attention in the secondary verification 
        process described in paragraph (3).
            ``(8) Limitation on use of the verification system and any 
        related systems.--
                    ``(A) No national identification card.--Nothing in 
                this section shall be construed to authorize, directly 
                or indirectly, the issuance or use of national 
                identification cards or the establishment of a national 
                identification card.
                    ``(B) Critical infrastructure.--The Secretary may 
                authorize or direct any person or entity responsible 
                for granting access to, protecting, securing, 
                operating, administering, or regulating part of the 
                critical infrastructure (as defined in section 1016(e) 
                of the Critical Infrastructure Protection Act of 2001 
                (42 U.S.C. 5195c(e))) to use the verification system to 
                the extent the Secretary determines that such use will 
                assist in the protection of the critical 
                infrastructure.
            ``(9) Remedies.--If an individual alleges that the 
        individual would not have been dismissed from a job or would 
        have been hired for a job but for an error of the verification 
        mechanism, the individual may seek compensation only through 
        the mechanism of the Federal Tort Claims Act, and injunctive 
        relief to correct such error. No class action may be brought 
        under this paragraph.''.

SEC. 704. RECRUITMENT, REFERRAL, AND CONTINUATION OF EMPLOYMENT.

    (a) Additional Changes to Rules for Recruitment, Referral, and 
Continuation of Employment.--Section 274A(a) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(a)) is amended--
            (1) in paragraph (1)(A), by striking ``for a fee'';
            (2) in paragraph (1), by amending subparagraph (B) to read 
        as follows:
                    ``(B) to hire, continue to employ, or to recruit or 
                refer for employment in the United States an individual 
                without complying with the requirements of subsection 
                (b).''; and
            (3) in paragraph (2), by striking ``after hiring an alien 
        for employment in accordance with paragraph (1),'' and 
        inserting ``after complying with paragraph (1),''.
    (b) Definition.--Section 274A(h) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(h)), as amended by section 2(b) of this Act, is 
further amended by adding at the end the following:
            ``(5) Definition of recruit or refer.--As used in this 
        section, the term `refer' means the act of sending or directing 
        a person who is in the United States or transmitting 
        documentation or information to another, directly or 
        indirectly, with the intent of obtaining employment in the 
        United States for such person. Only persons or entities 
        referring for remuneration (whether on a retainer or 
        contingency basis) are included in the definition, except that 
        union hiring halls that refer union members or nonunion 
        individuals who pay union membership dues are included in the 
        definition whether or not they receive remuneration, as are 
        labor service entities or labor service agencies, whether 
        public, private, for-profit, or nonprofit, that refer, 
        dispatch, or otherwise facilitate the hiring of laborers for 
        any period of time by a third party. As used in this section, 
        the term `recruit' means the act of soliciting a person who is 
        in the United States, directly or indirectly, and referring the 
        person to another with the intent of obtaining employment for 
        that person. Only persons or entities referring for 
        remuneration (whether on a retainer or contingency basis) are 
        included in the definition, except that union hiring halls that 
        refer union members or nonunion individuals who pay union 
        membership dues are included in this definition whether or not 
        they receive remuneration, as are labor service entities or 
        labor service agencies, whether public, private, for-profit, or 
        nonprofit that recruit, dispatch, or otherwise facilitate the 
        hiring of laborers for any period of time by a third party.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 1 year after the date of the enactment of 
this Act, except that the amendments made by subsection (a) shall take 
effect 6 months after the date of the enactment of this Act insofar as 
such amendments relate to continuation of employment.

SEC. 705. GOOD FAITH DEFENSE.

    Section 274A(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
1324a(a)(3)) is amended to read as follows:
            ``(3) Good faith defense.--
                    ``(A) Defense.--An employer (or person or entity 
                that hires, employs, recruits, or refers (as defined in 
                subsection (h)(5)), or is otherwise obligated to comply 
                with this section) who establishes that it has complied 
                in good faith with the requirements of subsection (b)--
                            ``(i) shall not be liable to a job 
                        applicant, an employee, the Federal Government, 
                        or a State or local government, under Federal, 
                        State, or local criminal or civil law for any 
                        employment-related action taken with respect to 
                        a job applicant or employee in good-faith 
                        reliance on information provided through the 
                        system established under subsection (d); and
                            ``(ii) has established compliance with its 
                        obligations under subparagraphs (A) and (B) of 
                        paragraph (1) and subsection (b) absent a 
                        showing by the Secretary of Homeland Security, 
                        by clear and convincing evidence, that the 
                        employer had knowledge that an employee is an 
                        unauthorized alien.
                    ``(B) Mitigation element.--For purposes of 
                subparagraph (A)(i), if an employer proves by a 
                preponderance of the evidence that the employer uses a 
                reasonable, secure, and established technology to 
                authenticate the identity of the new employee, that 
                fact shall be taken into account for purposes of 
                determining good faith use of the system established 
                under subsection (d).
                    ``(C) Failure to seek and obtain verification.--
                Subject to the effective dates and other deadlines 
                applicable under subsection (b), in the case of a 
                person or entity in the United States that hires, or 
                continues to employ, an individual, or recruits or 
                refers an individual for employment, the following 
                requirements apply:
                            ``(i) Failure to seek verification.--
                                    ``(I) In general.--If the person or 
                                entity has not made an inquiry, under 
                                the mechanism established under 
                                subsection (d) and in accordance with 
                                the timeframes established under 
                                subsection (b), seeking verification of 
                                the identity and work eligibility of 
                                the individual, the defense under 
                                subparagraph (A) shall not be 
                                considered to apply with respect to any 
                                employment, except as provided in 
                                subclause (II).
                                    ``(II) Special rule for failure of 
                                verification mechanism.--If such a 
                                person or entity in good faith attempts 
                                to make an inquiry in order to qualify 
                                for the defense under subparagraph (A) 
                                and the verification mechanism has 
                                registered that not all inquiries were 
                                responded to during the relevant time, 
                                the person or entity can make an 
                                inquiry until the end of the first 
                                subsequent working day in which the 
                                verification mechanism registers no 
                                nonresponses and qualify for such 
                                defense.
                            ``(ii) Failure to obtain verification.--If 
                        the person or entity has made the inquiry 
                        described in clause (i)(I) but has not received 
                        an appropriate verification of such identity 
                        and work eligibility under such mechanism 
                        within the time period specified under 
                        subsection (d)(2) after the time the 
                        verification inquiry was received, the defense 
                        under subparagraph (A) shall not be considered 
                        to apply with respect to any employment after 
                        the end of such time period.''.

SEC. 706. PREEMPTION AND STATES' RIGHTS.

    Section 274A(h)(2) of the Immigration and Nationality Act (8 U.S.C. 
1324a(h)(2)) is amended to read as follows:
            ``(2) Preemption.--
                    ``(A) Single, national policy.--The provisions of 
                this section preempt any State or local law, ordinance, 
                policy, or rule, including any criminal or civil fine 
                or penalty structure, insofar as they may now or 
                hereafter relate to the hiring, continued employment, 
                or status verification for employment eligibility 
                purposes, of unauthorized aliens.
                    ``(B) State enforcement of federal law.--
                            ``(i) Business licensing.--A State, 
                        locality, municipality, or political 
                        subdivision may exercise its authority over 
                        business licensing and similar laws as a 
                        penalty for failure to use the verification 
                        system described in subsection (d) to verify 
                        employment eligibility when and as required 
                        under subsection (b).
                            ``(ii) General rules.--A State, at its own 
                        cost, may enforce the provisions of this 
                        section, but only insofar as such State follows 
                        the Federal regulations implementing this 
                        section, applies the Federal penalty structure 
                        set out in this section, and complies with all 
                        Federal rules and guidance concerning 
                        implementation of this section. Such State may 
                        collect any fines assessed under this section. 
                        An employer may not be subject to enforcement, 
                        including audit and investigation, by both a 
                        Federal agency and a State for the same 
                        violation under this section. Whichever entity, 
                        the Federal agency or the State, is first to 
                        initiate the enforcement action, has the right 
                        of first refusal to proceed with the 
                        enforcement action. The Secretary must provide 
                        copies of all guidance, training, and field 
                        instructions provided to Federal officials 
                        implementing the provisions of this section to 
                        each State.''.

SEC. 707. REPEAL.

    (a) In General.--Subtitle A of title IV of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
is repealed.
    (b) References.--Any reference in any Federal law, Executive order, 
rule, regulation, or delegation of authority, or any document of, or 
pertaining to, the Department of Homeland Security, Department of 
Justice, or the Social Security Administration, to the employment 
eligibility confirmation system established under section 404 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1324a note) is deemed to refer to the employment eligibility 
confirmation system established under section 274A(d) of the 
Immigration and Nationality Act, as amended by section 3 of this Act.
    (c) Effective Date.--This section shall take effect on the date 
that is 30 months after the date of the enactment of this Act.
    (d) Clerical Amendment.--The table of sections, in section 1(d) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 
1996, is amended by striking the items relating to subtitle A of title 
IV.

SEC. 708. PENALTIES.

    Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended--
            (1) in subsection (e)(1)--
                    (A) by striking ``Attorney General'' each place 
                such term appears and inserting ``Secretary of Homeland 
                Security''; and
                    (B) in subparagraph (D), by striking ``Service'' 
                and inserting ``Department of Homeland Security'';
            (2) in subsection (e)(4)--
                    (A) in subparagraph (A), in the matter before 
                clause (i), by inserting ``, subject to paragraph 
                (10),'' after ``in an amount'';
                    (B) in subparagraph (A)(i), by striking ``not less 
                than $250 and not more than $2,000'' and inserting 
                ``not less than $2,500 and not more than $5,000'';
                    (C) in subparagraph (A)(ii), by striking ``not less 
                than $2,000 and not more than $5,000'' and inserting 
                ``not less than $5,000 and not more than $10,000'';
                    (D) in subparagraph (A)(iii), by striking ``not 
                less than $3,000 and not more than $10,000'' and 
                inserting ``not less than $10,000 and not more than 
                $25,000''; and
                    (E) by moving the margin of the continuation text 
                following subparagraph (B) two ems to the left and by 
                amending subparagraph (B) to read as follows:
                    ``(B) may require the person or entity to take such 
                other remedial action as is appropriate.'';
            (3) in subsection (e)(5)--
                    (A) in the paragraph heading, strike ``paperwork'';
                    (B) by inserting ``, subject to paragraphs (10) 
                through (12),'' after ``in an amount'';
                    (C) by striking ``$100'' and inserting ``$1,000'';
                    (D) by striking ``$1,000'' and inserting 
                ``$25,000''; and
                    (E) by adding at the end the following: ``Failure 
                by a person or entity to utilize the employment 
                eligibility verification system as required by law, or 
                providing information to the system that the person or 
                entity knows or reasonably believes to be false, shall 
                be treated as a violation of subsection (a)(1)(A).'';
            (4) by adding at the end of subsection (e) the following:
            ``(10) Exemption from penalty for good faith violation.--In 
        the case of imposition of a civil penalty under paragraph 
        (4)(A) with respect to a violation of subsection (a)(1)(A) or 
        (a)(2) for hiring or continuation of employment or recruitment 
        or referral by person or entity and in the case of imposition 
        of a civil penalty under paragraph (5) for a violation of 
        subsection (a)(1)(B) for hiring or recruitment or referral by a 
        person or entity, the penalty otherwise imposed may be waived 
        or reduced if the violator establishes that the violator acted 
        in good faith.
            ``(11) Mitigation element.--For purposes of paragraph (4), 
        the size of the business shall be taken into account when 
        assessing the level of civil money penalty.
            ``(12) Authority to debar employers for certain 
        violations.--
                    ``(A) In general.--If a person or entity is 
                determined by the Secretary of Homeland Security to be 
                a repeat violator of paragraph (1)(A) or (2) of 
                subsection (a), or is convicted of a crime under this 
                section, such person or entity may be considered for 
                debarment from the receipt of Federal contracts, 
                grants, or cooperative agreements in accordance with 
                the debarment standards and pursuant to the debarment 
                procedures set forth in the Federal Acquisition 
                Regulation.
                    ``(B) Does not have contract, grant, agreement.--If 
                the Secretary of Homeland Security or the Attorney 
                General wishes to have a person or entity considered 
                for debarment in accordance with this paragraph, and 
                such a person or entity does not hold a Federal 
                contract, grant, or cooperative agreement, the 
                Secretary or Attorney General shall refer the matter to 
                the Administrator of General Services to determine 
                whether to list the person or entity on the List of 
                Parties Excluded from Federal Procurement, and if so, 
                for what duration and under what scope.
                    ``(C) Has contract, grant, agreement.--If the 
                Secretary of Homeland Security or the Attorney General 
                wishes to have a person or entity considered for 
                debarment in accordance with this paragraph, and such 
                person or entity holds a Federal contract, grant, or 
                cooperative agreement, the Secretary or Attorney 
                General shall advise all agencies or departments 
                holding a contract, grant, or cooperative agreement 
                with the person or entity of the Government's interest 
                in having the person or entity considered for 
                debarment, and after soliciting and considering the 
                views of all such agencies and departments, the 
                Secretary or Attorney General may refer the matter to 
                any appropriate lead agency to determine whether to 
                list the person or entity on the List of Parties 
                Excluded from Federal Procurement, and if so, for what 
                duration and under what scope.
                    ``(D) Review.--Any decision to debar a person or 
                entity in accordance with this paragraph shall be 
                reviewable pursuant to part 9.4 of the Federal 
                Acquisition Regulation.
            ``(13) Office for state and local government complaints.--
        The Secretary of Homeland Security shall establish an office--
                    ``(A) to which State and local government agencies 
                may submit information indicating potential violations 
                of subsection (a), (b), or (g)(1) that were generated 
                in the normal course of law enforcement or the normal 
                course of other official activities in the State or 
                locality;
                    ``(B) that is required to indicate to the 
                complaining State or local agency within five business 
                days of the filing of such a complaint by identifying 
                whether the Secretary will further investigate the 
                information provided;
                    ``(C) that is required to investigate those 
                complaints filed by State or local government agencies 
                that, on their face, have a substantial probability of 
                validity;
                    ``(D) that is required to notify the complaining 
                State or local agency of the results of any such 
                investigation conducted; and
                    ``(E) that is required to report to the Congress 
                annually the number of complaints received under this 
                paragraph, the States and localities that filed such 
                complaints, and the resolution of the complaints 
                investigated by the Secretary.''; and
            (5) by amending paragraph (1) of subsection (f) to read as 
        follows:
            ``(1) Criminal penalty.--Any person or entity which engages 
        in a pattern or practice of violations of subsection (a) (1) or 
        (2) shall be fined not more than $5,000 for each unauthorized 
        alien with respect to which such a violation occurs, imprisoned 
        for not more than 18 months, or both, notwithstanding the 
        provisions of any other Federal law relating to fine levels.''.

SEC. 709. FRAUD AND MISUSE OF DOCUMENTS.

    Section 1546(b) of title 18, United States Code, is amended--
            (1) in paragraph (1), by striking ``identification 
        document,'' and inserting ``identification document or document 
        meant to establish work authorization (including the documents 
        described in section 274A(b) of the Immigration and Nationality 
        Act),''; and
            (2) in paragraph (2), by striking ``identification 
        document'' and inserting ``identification document or document 
        meant to establish work authorization (including the documents 
        described in section 274A(b) of the Immigration and Nationality 
        Act),''.

SEC. 710. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS.

    (a) Funding Under Agreement.--Effective for fiscal years beginning 
on or after October 1, 2023, the Commissioner of Social Security and 
the Secretary of Homeland Security shall enter into and maintain an 
agreement which shall--
            (1) provide funds to the Commissioner for the full costs of 
        the responsibilities of the Commissioner under section 274A(d) 
        of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as 
        amended by section 3 of this Act, including (but not limited 
        to)--
                    (A) acquiring, installing, and maintaining 
                technological equipment and systems necessary for the 
                fulfillment of the responsibilities of the Commissioner 
                under such section 274A(d), but only that portion of 
                such costs that are attributable exclusively to such 
                responsibilities; and
                    (B) responding to individuals who contest a 
                tentative nonconfirmation provided by the employment 
                eligibility verification system established under such 
                section;
            (2) provide such funds annually in advance of the 
        applicable quarter based on estimating methodology agreed to by 
        the Commissioner and the Secretary (except in such instances 
        where the delayed enactment of an annual appropriation may 
        preclude such quarterly payments); and
            (3) require an annual accounting and reconciliation of the 
        actual costs incurred and the funds provided under the 
        agreement, which shall be reviewed by the Inspectors General of 
        the Social Security Administration and the Department of 
        Homeland Security.
    (b) Continuation of Employment Verification in Absence of Timely 
Agreement.--In any case in which the agreement required under 
subsection (a) for any fiscal year beginning on or after October 1, 
2023, has not been reached as of October 1 of such fiscal year, the 
latest agreement between the Commissioner and the Secretary of Homeland 
Security providing for funding to cover the costs of the 
responsibilities of the Commissioner under section 274A(d) of the 
Immigration and Nationality Act (8 U.S.C. 1324a(d)) shall be deemed in 
effect on an interim basis for such fiscal year until such time as an 
agreement required under subsection (a) is subsequently reached, except 
that the terms of such interim agreement shall be modified by the 
Director of the Office of Management and Budget to adjust for inflation 
and any increase or decrease in the volume of requests under the 
employment eligibility verification system. In any case in which an 
interim agreement applies for any fiscal year under this subsection, 
the Commissioner and the Secretary shall, not later than October 1 of 
such fiscal year, notify the Committee on Ways and Means, the Committee 
on the Judiciary, and the Committee on Appropriations of the House of 
Representatives and the Committee on Finance, the Committee on the 
Judiciary, and the Committee on Appropriations of the Senate of the 
failure to reach the agreement required under subsection (a) for such 
fiscal year. Until such time as the agreement required under subsection 
(a) has been reached for such fiscal year, the Commissioner and the 
Secretary shall, not later than the end of each 90-day period after 
October 1 of such fiscal year, notify such Committees of the status of 
negotiations between the Commissioner and the Secretary in order to 
reach such an agreement.

SEC. 711. FRAUD PREVENTION.

    (a) Blocking Misused Social Security Account Numbers.--The 
Secretary of Homeland Security, in consultation with the Commissioner 
of Social Security, shall establish a program in which social security 
account numbers that have been identified to be subject to unusual 
multiple use in the employment eligibility verification system 
established under section 274A(d) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(d)), as amended by section 3 of this Act, or that 
are otherwise suspected or determined to have been compromised by 
identity fraud or other misuse, shall be blocked from use for such 
system purposes unless the individual using such number is able to 
establish, through secure and fair additional security procedures, that 
the individual is the legitimate holder of the number.
    (b) Allowing Suspension of Use of Certain Social Security Account 
Numbers.--The Secretary of Homeland Security, in consultation with the 
Commissioner of Social Security, shall establish a program which shall 
provide a reliable, secure method by which victims of identity fraud 
and other individuals may suspend or limit the use of their social 
security account number or other identifying information for purposes 
of the employment eligibility verification system established under 
section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 
1324a(d)), as amended by section 3 of this Act. The Secretary may 
implement the program on a limited pilot program basis before making it 
fully available to all individuals.
    (c) Allowing Parents To Prevent Theft of Their Child's Identity.--
The Secretary of Homeland Security, in consultation with the 
Commissioner of Social Security, shall establish a program which shall 
provide a reliable, secure method by which parents or legal guardians 
may suspend or limit the use of the social security account number or 
other identifying information of a minor under their care for the 
purposes of the employment eligibility verification system established 
under 274A(d) of the Immigration and Nationality Act (8 U.S.C. 
1324a(d)), as amended by section 3 of this Act. The Secretary may 
implement the program on a limited pilot program basis before making it 
fully available to all individuals.

SEC. 712. USE OF EMPLOYMENT ELIGIBILITY VERIFICATION PHOTO TOOL.

    An employer who uses the photo matching tool used as part of the E-
Verify System shall match the photo tool photograph to both the 
photograph on the identity or employment eligibility document provided 
by the employee and to the face of the employee submitting the document 
for employment verification purposes.

SEC. 713. IDENTITY AUTHENTICATION EMPLOYMENT ELIGIBILITY VERIFICATION 
              PILOT PROGRAMS.

    Not later than 24 months after the date of the enactment of this 
Act, the Secretary of Homeland Security, after consultation with the 
Commissioner of Social Security and the Director of the National 
Institute of Standards and Technology, shall establish by regulation 
not less than 2 Identity Authentication Employment Eligibility 
Verification pilot programs, each using a separate and distinct 
technology (the ``Authentication Pilots''). The purpose of the 
Authentication Pilots shall be to provide for identity authentication 
and employment eligibility verification with respect to enrolled new 
employees which shall be available to any employer that elects to 
participate in either of the Authentication Pilots. Any participating 
employer may cancel the employer's participation in the Authentication 
Pilot after one year after electing to participate without prejudice to 
future participation. The Secretary shall report to the Committee on 
the Judiciary of the House of Representatives and the Committee on the 
Judiciary of the Senate the Secretary's findings on the Authentication 
Pilots, including the authentication technologies chosen, not later 
than 12 months after commencement of the Authentication Pilots.

SEC. 714. INSPECTOR GENERAL AUDITS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Inspector General of the Social Security 
Administration shall complete audits of the following categories in 
order to uncover evidence of individuals who are not authorized to work 
in the United States:
            (1) Workers who dispute wages reported on their social 
        security account number when they believe someone else has used 
        such number and name to report wages.
            (2) Children's social security account numbers used for 
        work purposes.
            (3) Employers whose workers present significant numbers of 
        mismatched social security account numbers or names for wage 
        reporting.
    (b) Submission.--The Inspector General of the Social Security 
Administration shall submit the audits completed under subsection (a) 
to the Committee on Ways and Means of the House of Representatives and 
the Committee on Finance of the Senate for review of the evidence of 
individuals who are not authorized to work in the United States. The 
Chairmen of those Committees shall then determine information to be 
shared with the Secretary of Homeland Security so that such Secretary 
can investigate the unauthorized employment demonstrated by such 
evidence.

SEC. 715. AGRICULTURE WORKFORCE STUDY.

    Not later than 36 months after the date of enactment, the Secretary 
of the Department of Homeland Security, in consultation with the 
Secretary of the Department of Agriculture, shall submit to the 
Committee on the Judiciary of the House of Representatives and the 
Committee on the Judiciary of the Senate, a report that includes the 
following:
            (1) The number of individuals in the agricultural 
        workforce.
            (2) The number of U.S. citizens in the agricultural 
        workforce.
            (3) The number of aliens in the agricultural workforce who 
        are authorized to work in the United States.
            (4) The number of aliens in the agricultural workforce who 
        are not authorized to work in the United States.
            (5) Wage growth in each of the previous ten years, 
        disaggregated by agricultural sector.
            (6) The percentage of total agricultural industry costs 
        represented by agricultural labor during each of the last ten 
        years.
            (7) The percentage of agricultural costs invested in 
        mechanization during each of the last ten years.
            (8) Recommendations, other than a path to legal status for 
        aliens not authorized to work in the United States, for 
        ensuring U.S. agricultural employers have a workforce 
        sufficient to cover industry needs, including recommendations 
        to--
                    (A) increase investments in mechanization;
                    (B) increase the domestic workforce; and
                    (C) reform the H-2A program.

SEC. 716. REPEALING REGULATIONS.

    The rules relating to ``Temporary Agricultural Employment of H-2A 
Nonimmigrants in the United States'' (87 Fed. Reg. 61660 (Oct. 12, 
2022)) and to ``Adverse Effect Wage Rate Methodology for the Temporary 
Employment of H-2A Nonimmigrants in Non-Range Occupations in the United 
States'' (88 Fed. Reg. 12760 (Feb. 28, 2023)) shall have no force or 
effect, may not be reissued in substantially the same form, and any new 
rules that are substantially the same as such rules may not be issued.
                                                  Union Calendar No. 31

118th CONGRESS

  1st Session

                               H. R. 2640

                      [Report No. 118-47, Part I]

_______________________________________________________________________

                                 A BILL

   To provide for reform of the asylum system and protection of the 
                                border.

_______________________________________________________________________

                              May 5, 2023

     Reported from the Committee on the Judiciary with an amendment

                              May 5, 2023

     Committees on Ways and Means, Education and the Workforce, and 
 Homeland Security discharged; committed to the Committee of the Whole 
       House on the State of the Union and ordered to be printed