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SECTION 1. (a) This Act may be cited as the "Immigration Reform and Con-

trol Act of 1982".

(b) Except as otherwise specifically provided, whenever in this Act an amend-

ment or repeal is expressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be made to a section or
other provision of the Immigration and Nationality Act.

TABLE OF CONTENTS

Sec. 1. Short title; references in Act.

TITLE I-CONTROL OF ILLEGAL IMMIGRATION

PART A-EMPLOYMENT

Sec. 125. Effective dates and transition.

Sec. 126. Technical and conforming changes.

[blocks in formation]

"SEC. 274A. (a) (1) It is unlawful for a person or other entity after the date

of the enactment of this section to hire, or to recruit or refer for a fee, for

employment in the United States-

“(A) an alien knowing the alien is an unauthorized alien (as defined in

paragraph (4)) with respect to such employment, or

“(B) an individual without complying with the requirements of subsec-

tion (b).

Subparagraph (B) shall not apply to a person or entity which employs three

or fewer employees.

"(2) It is unlawful for a person or other entity, after hiring an alien for em-

ployment subsequent to the date of the enactment of this section and in accord-

ance with paragraph (1), to continue to employ the alien in the United States

knowing the alien is (or has become) an unauthorized alien with respect to such

employment.

"(3) A person or entity that establishes that it has complied in good faith

with the requirements of subsection (b) with respect to the hiring, recruiting,

or referral for employment of an alien in the United States has established an

affirmative defense that the person or entity has not violated paragraph (1) (A)

with respect to such hiring, recruiting, or referral.

"(4) As used in this section, the term 'unauthorized alien' means, with respect

to the employment of an alien at a particular time, that the alien is not at that

time either (A) an alien lawfully admitted for permanent residence, or (B) au-

thorized to be so employed by this Act or by the Attorney General.

"(b) Except as provided in subsection (c), 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, that-

"(1) the person or entity must attest, under penalty of perjury and on

a form designated or established by the Attorney General by regulation,

that it has vertified that the individual is eligible to be employed (or

recruited or referred for employment) in the United States by examining

the individual's-

"(A) United States passport, or

"(B) (i) social security account number card or certificate of birth in the United States or establishing United States nationality at birth, and

"(ii) (I) alien documentation, identification, and telecommunication card, or similar fraud-resistant card issued by the Attorney General to aliens and designated for use for this purpose,

"(II) driver's license or similar document issued for the purpose of identification by a State, if it contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this section, or

"(III) in the case of individuals under 16 years of age or in a State which does not provide for issuance of an identification document (other than a driver's license) referred to in subclause (II), documentation of personal identity of such other type as the Attorney General finds, by regulation, provides, a reliable means of identification; "(2) the individual must attest, under penalty of perjury and on the form designated or established for purposes of paragraph (1), 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 Attorney General to be hired, recruited, or referred for such employment; and

"(3) after completion of such form in accordance with paragraphs (1) and (2), the person or entity must retain the form and make it available for inspection by officers of the Service or of the Department of Labor during a period beginning on the date of the hiring, recruiting, or referral of the individual and ending—

"(A) in the case of the recruiting or referral (without hiring) of an individual, three years after the date of such recruiting or referral, and

"(B) in the case of the hiring of an individual

"(i) three years after the date of such hiring, or

"(ii) one year after the date the individual's employment is terminated,

whichever is later.

person or entity has complied with paragraph (1) with respect to examination a document if the document reasonably appears on its face to be genuine. twithstanding any other provision of law, the person or entity may copy a cument presented by an individual pursuant to this subsection and may retain copy, but only (except as otherwise permitted under law) for the purpose of nplying with the requirements of this subsection.

"(c) (1) (A) Within three years after the date of the enactment of this section, › President shall implement such changes in or additions to the requirements of section (b) as conform to the requirements of paragraph (2) of this subsecn and as may be necessary to establish a secure system to determine employnt eligibility in the United States. In considering possible changes or additions, › President shall consider use of a telephone verification system. '(B) Nothing in this subsection shall be construed to authorize, directly or irectly, the issuance or use of national identification cards.

'(2) Such changes or additions shall be designed in a manner so that—

"(A) personal information utilized by the system is available only to employers, recruiters, and referrers for employment and to Government agencies and only to the extent necessary for the purpose of verifying that an individual is not an unauthorized alien,

"(B) if the changes or additions provide a verification method to determine an individual's eligibility to be employed in the United States

"(i) the verification may not be withheld for any reason other than that the individual is an unauthorized alien, and

"(ii) the verification method may not be used for law enforcement purposes (other than for enforcement of this section or section 1546 of title 18, United States Code), and

"(C) if the system requires individuals to present a card or other document designed specifically for use for this purpose at the time of hiring, recruitment, or referral, then such document may not be required (i) to be presented for any purpose other than under this section (or enforcement of

section 1546 of title 18, United States Code) or (ii) to be carried on one's person.

“(d) (1) (A) In the case of a person or entity which has not previously been cited under this subparagraph, if the Attorney General, based on evidence or information he deems persuasive, reasonably concludes that the person or entity has violated paragraph (1)(A) or (2) of subsection (a) with respect to the hiring, or recruiting or referring for a fee, for employment of an alien, the Attorney General may serve a citation on the person or entity containing a notification that the alien's employment is not authorized and a warning of the penalties and injunctive remedy set forth in this subsection.

"(B) In the case of a person or entity which has previously been cited under subparagraph (A), which is determined to have violated paragraph (1)(A) or (2) of subsection (a), and which

"(i) has not previously been subject to a civil penalty under this subparagraph, the person or entity shall be subject to a civil penalty of $1,000 for each unauthorized alien with respect to which the violation occurred; "(ii) has previously been subject to a civil penalty under this subparagraph, the person or entity shall be subject to a civil penalty of $2,000 for each unauthorized alien with respect to which the violation occurred; and "(iii) has previously been subject to a civil penalty under this subparagraph in more than one instance, the person or entity shall be fined not more than $3,000, imprisoned not more than one year, or both, for each unauthorized alien with respect to which the violation occurred.

"(2) Whenever the Attorney General has reasonable cause to believe that a person or entity is engaged in a pattern or practice of employment, recruitment, or referral in violation of paragraph (1)(A) or (2) of subsection (a), the Attorney General may bring a civil action in the United States district court for the district in which the person or entity resides or in which the violation occurred requesting such relief, including a permanent or temporary injunction, restraining order, or other order against the person or entity, as the Attorney General deems necessary.

"(3) (A) In the case of a person or entity which has not previously been cited under this subparagraph, if the Attorney General, based on evidence or information he deems persuasive, reasonably concludes that the person or entity has violated subsection (a)(1) (B) with respect to the hiring, or recruiting or referring for a fee, for employment of an individual, the Attorney General may serve a citation on the person or entity containing a notification of the requirements of subsection (a)(1)(B) and a warning of the penalty set forth in subparagraph (B).

"(B) A person or entity which has previously been cited under subparagraph (A) and which is determined to have violated subsection (a) (1) (B) shall be subject to a civil penalty of $500 for each individual with respect to which such violation occurred.

“(4)(A)(i) Before issuing a citation on, or imposing a civil penalty against, a person or entity under this subsection for a violation of subsection (a), the Attorney General shall provide the person or entity with notice and, upon request made within a reasonable time (of not less than 30 days, as established by the Attorney General) of the date of the notice, a hearing respecting the violation.

"(ii) Any hearing so requested shall be conducted before an administrative law judge. The hearing shall be conducted in accordance with the requirements of section 554 of title 5, United States Code and rules of the United States Immigration Board established under section 107. The hearing shall be held within 200 miles of the place where the person or entity resides or of the place where the alleged violation occurred. If no hearing is so requested, the assessment shall constitute a final and unappealable order.

"(iii) A person or entity (including the Attorney General) adversely affected by a final order respecting an assessment may, within 60 days after the date the final order is issued, file a petition in the Court of Appeals for the appropriate circuit for review of the order.

“(B)(i) If the person or entity against whom a civil penalty is assessed fails to pay the penalty within the time prescribed in such order, the Attorney General shall file a suit to collect the amount in the United States district court for the district in which the person or entity resides or in which the violation (with respect to which the penalty was assessed) occurred.

"(ii) In any suit described in clause (i) based on an assessment

"(I) made after a hearing before an administrative law judge, the suit shall be determined solely upon the administrative record upon which the

civil penalty was assessed and the administrative law judge's findings of fact, if supported by a substantial evidence on the record considered as a whole, shall be conclusive, or

"(II) for which a timely request for a hearing was not made, the validity and appropriateness of the final order imposing the assessment shall not be subject to review.

“(5) (A) In determining the level of sanction that is applicable under paragraph (1) for violations of paragraph (1)(A) or (2) of subsection (a) and that is applicable under paragraph (3) for violations of subsection (a) (1) (B), determinations of more than one violation in the course of a single proceeding or adjudication shall be counted as a single determination.

"(B) In applying this subsection in the case of a person or entity composed of distinct, physically separate subdivisions each of which provides separately for the hiring, recruiting, or referral for employment without reference to the practices of, or under the control of, or common control with, another subdivision, each such subdivision shall be considered a separate person or entity.

"(e) In providing documentation or endorsement of authorization of aliens (other than aliens lawfully admitted for permanent residence) to be employed in the United States, the Attorney General shall provide that any limitations with respect to the period or type of employment or employer shall be conspicuously stated on the documentation or endorsement.

"(f) The provisions of this section preempt any State or local law imposing civil or criminal sanctions upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens.

"(g) (1) The President shall monitor, and shall consult with the Congress every six months concerning, the implementation of this section (including the effectiveness of the verification and record-keeping system described in subsection (b) and the status of the changes and additions described in subsection (c)) and the impact of this section on the economy of the United States and on employment (including discrimination in employment) of citizens and aliens into the United States, on the illegal entry of aliens into the United States, and on the failure of aliens who have legally entered the United States to remain in legal status. For the purpose of conducting such monitoring and beginning development of the changes and additions described in subsection (c), there are authorized to be appropriated $10,000,000 for fiscal year 1983.

"(2) (A) The Civil Rights Commission shall monitor the implementation and enforcement of the provisions of this section and shall investigate allegations that the enforcement or implementation of this section has been conducted in a manner that results in unlawful discrimination by race or nationality against citizens of the United States or aliens who are not unauthorized aliens (as defined in subsection (a) (4)).

"(B) The Civil Rights Commission, not later than 18 months after the month in which this section is enacted, shall prepare and transmit to the Committees on the Judiciary of the House of Representatives and of the Senate a report describing the implementation and enforcement of the provisions of this section during the preceding period, for the purpose of determining if a pattern of such unlawful discrimination has resulted. Two more such reports shall be prepared and transmitted 36 and 54 months after the month in which this section is enacted.

"(3) The Attorney General, jointly with the Secretary of Labor and the Chairman of the Equal Employment Opportunity Commission, shall establish a taskforce to monitor the implementation of this section and to review and investigate complaints registered of employment discrimination which may be attributable to the operation of this section.".

(2) (A) No citation, civil or criminal penalty, or injunction may be issued under section 274A of the Immigration and Nationality Act for the hiring, or recruiting or referring for a fee, for employment of individuals occurring before the first day of the seventh month beginning after the date of the enactment of this Act.

(B) During the one-year period beginning on the date of the enactment of this Act, the Attorney General, in cooperation with the Secretaries of Agriculture, Commerce, Health and Human Services, Labor, and the Treasury and the Administrator of the Small Business Administration, shall disseminate forms and information to employers, employment agencies, and organizations representing employees and provide for public education respecting the requirements of section 274A of the Immigration and Nationality Act. For the purpose of carrying out this

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