Educational information about immigration rights and responsibilities for small business concerns

(a)

In general

The Small Business Act (15 U.S.C. 631 et seq.) is amended— (1)by redesignating section 49 as section 50; and (2)by inserting after section 48 the following new section:

49.

Educational information about immigration rights and responsibilities for small business concerns

(a)

In general

The Administrator shall— (1)establish and maintain educational resources and modules for small business concerns that contain the information on the rights and responsibilities of individuals during or after an attempted or anticipated immigration enforcement action described in subsection (b)(1); (2)create and disseminate a card (in electronic and printed form) with the information described in subsection (b)(2) for owners and employees of small business concerns; and (3)establish and maintain compliance and planning materials (in electronic and printed form) for owners and employees of small business concerns to prepare for a potential immigration enforcement action. (b)

Required contents

(1)

Educational resources and modules

The educational resources and modules described in subsection (a)(1) shall include the following: (A)Information on how to respond to an attempted or anticipated immigration enforcement action on the premises of a small business concern, including— (i)directions to remain calm; (ii)information on the constitutional right of owners and employees of the concern to remain silent, refuse to answer questions, and refuse to sign documents; (iii)information on the constitutional right of such owners and employees to see a signed judicial search warrant for searches of any private areas of the premises; and (iv)how to respond to unconstitutional or unlawful searches and seizures of persons, or of property of such owners or employees, by any Federal law enforcement agent engaged in the enforcement of the immigration laws (as such term is defined in section 101(a) of the Immigration and Nationality Act), during and after such actions. (B)Information on how to respond to the arrest or detention of an owner or employee of a small business concern, including— (i)information on the constitutional right of such owners and employees to speak to a lawyer immediately; (ii)information on the constitutional right of such owners and employees to remain silent, refuse to answer questions, and refuse to sign documents; and (iii)information on the ability of such owners and employees to contact the offices of the Members of Congress that represent such owners and employees to seek casework assistance and help with connections to legal representation. (C)Best practices for owners of small business concerns in planning for responses to encounters with such enforcement agents on the premises of a small business concern, including— (i)ensuring at least one trusted individual off the premises has a copy of such response plans; (ii)practicing response plans with employees; and (iii)clearly marking private areas, such as back rooms, break rooms, storerooms, offices, and kitchens, with appropriate signage. (D)The responsibilities of owners of small business concerns to comply with applicable immigration and work authorization regulations when vetting candidates for employment, including best practices for owners of small business concerns in remaining updated on, and complying with, such regulations. (E)Information on how to prepare for, and respond to, I–9 audits, notices of immigration enforcement inspection, and immigration enforcement employer sanctions, including information on the constitutional right of owners of small business concerns to acquire a lawyer when accused of employing individuals without work authorization. (2)

Card

The card described in subsection (a)(2) shall include the information described in subparagraphs (A) and (B) of paragraph (1). (3)

Compliance and planning materials

The compliance and planning materials described in subsection (a)(3) shall include the information described in subparagraphs (C), (D), and (E) of paragraph (1). (4)

Disclaimer

The educational resources and modules, card, and compliance and planning materials described in subsection (a) shall each include a disclaimer stating such item is for general informational purposes only, and not legal advice, and directing individuals in need of legal advice to contact an attorney. (c)

Dissemination

The Administrator shall— (1)make the educational resources and modules described in subsection (a)(1) publicly available on an existing online learning platform of the Administration; (2)make the electronic version of the card described in subsection (a)(2) and the compliance and planning materials described in subsection (a)(3) publicly available on the website of each regional and district office of the Administration and authorize such offices to distribute a physical version of such card and such materials. (d)

Prohibited contents

The educational resources and modules, card, and compliance and planning materials described in subsection (a) shall not include any statement— (1)blaming owners or employees of small business concerns for any errors made in efforts to comply with immigration laws; (2)disagreeing with the information required by subsection (b); (3)making normative judgements about the legality of the presence of a person in the United States; (4)discouraging the use by a small business concern of services and resources provided by the Administration based on the perceived immigration status of any of its owners or employees; or (5)disagreeing with the requirements or intent of this section. (e)

Accuracy and maintenance

(1)

In general

To the extent practicable, the Administrator shall ensure that the information contained in the educational resources and modules, card, and compliance and planning materials described in subsection (a) is factually accurate and current, including by consulting with— (A)the Secretary of the Department of Homeland Security; (B)the Director of the Executive Office for Immigration Review of the Department of Justice; (C)other Federal departments and agencies as appropriate; and (D)relevant policy or legal experts from— (i)resource partners; (ii)organizations with demonstrated expertise in civil rights and liberties; and (iii)organizations with demonstrated expertise in immigration law or policy. (2)

Incorporation of information in educational resources and modules

In establishing and maintaining such educational resources and modules, card, and compliance and planning materials, the Administrator— (A)shall consider relevant, existing information developed by— (i)resource partners; (ii)the Chair or the Ranking Member of the Committee on Small Business of the United States House of Representatives; and (iii)the Chair or the Ranking Member of the Committee on Small Business and Entrepreneurship of the United States Senate; (B)may consider relevant, existing information developed by private and nonprofit entities; and (C)may incorporate information described in subparagraphs (A) and (B) into such educational resources and modules. (3)

Updates

In maintaining such educational resources and modules, card, and compliance and planning materials, the Administrator shall make updates to such educational resources and modules, card, and materials in response to relevant changes to immigration laws. (f)

Resource partner involvement

(1)

In general

The Administrator shall coordinate with resource partners to disseminate information to raise the awareness of small business concerns about availability of the educational resources and modules, card, and compliance and planning materials described in subsection (a), including by distributing physical copies of such card and materials to resource partners. (2)

State and local information

In disseminating the information developed under subsection (a), resource partners may incorporate information on immigration protections and resources provided by State and local governments, and provide related webinars and in-person training. (g)

Translated materials

The Administrator shall ensure that the information in the educational resources and modules, card, and compliance and planning materials described in subsection (a) is available in the 15 most commonly spoken languages in the United States other than English, including Spanish and Chinese, as well as American Sign Language.

(b)

Deadline

The Administrator of the Small Business Administration shall establish the educational resources and modules, card, and planning materials required by section 49 of the Small Business Act (15 U.S.C. 631 et seq.), as added by this Act, not later than 180 days after the date of the enactment of this Act.