§ 1324a.
(a)
Making employment of unauthorized aliens unlawful
(1)
In general
It is unlawful for a person or other entity—
(A)
to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to such employment, or
(B)
(i)
to hire for employment in the United States an individual without complying with the requirements of subsection (b) or (ii) if the person or entity is an agricultural association, agricultural employer, or farm labor contractor (as defined in
section 1802 of title 29), to hire, or to recruit or refer for a fee, for employment in the United States an individual without complying with the requirements of subsection (b).
(2)
Continuing employment
(4)
Use of labor through contract
(5)
Use of State employment agency documentation
(6)
Treatment of documentation for certain employees
(A)
In general
For purposes of this section, if—
(i)
an individual is a member of a collective-bargaining unit and is employed, under a collective bargaining agreement entered into between one or more employee organizations and an association of two or more employers, by an employer that is a member of such association, and
(ii)
within the period specified in subparagraph (B), another employer that is a member of the association (or an agent of such association on behalf of the employer) has complied with the requirements of subsection (b) with respect to the employment of the individual,
the subsequent employer shall be deemed to have complied with the requirements of subsection (b) with respect to the hiring of the employee and shall not be liable for civil penalties described in subsection (e)(5).
(C)
Liability
(ii)
Rebuttal of presumption
(7)
Application to Federal Government
(b)
Employment verification system
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 requirements specified in the following three paragraphs:
(1)
Attestation after examination of documentation
(A)
In general
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 verified that the individual is not an unauthorized alien by examining—
(i)
a document described in subparagraph (B), or
(ii)
a document described in subparagraph (C) and a document described in subparagraph (D).
Such attestation may be manifested by either a hand-written or an electronic signature. A person or entity has complied with the requirement of this paragraph with respect to examination of a document if the document reasonably appears on its face to be genuine. If an individual provides a document or combination of documents that reasonably appears on its face to be genuine and that is sufficient to meet the requirements of the first sentence of this paragraph, nothing in this paragraph shall be construed as requiring the person or entity to solicit the production of any other document or as requiring the individual to produce such another document.
(B)
Documents establishing both employment authorization and identity
A document described in this subparagraph is an individual’s—
(i)
United States passport;
1
So in original. Probably should be followed by “or”.
(ii)
resident alien card, alien registration card, or other document designated by the Attorney General, if the document—
(I)
contains a photograph of the individual and such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this subsection,
(II)
is evidence of authorization of employment in the United States, and
(III)
contains security features to make it resistant to tampering, counterfeiting, and fraudulent use.
(C)
Documents evidencing employment authorization
A document described in this subparagraph is an individual’s—
(i)
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); or
(ii)
other documentation evidencing authorization of employment in the United States which the Attorney General finds, by regulation, to be acceptable for purposes of this section.
(D)
Documents establishing identity of individual
A document described in this subparagraph is an individual’s—
(i)
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
(ii)
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 clause (i), documentation of personal identity of such other type as the Attorney General finds, by regulation, provides a reliable means of identification.
(E)
Authority to prohibit use of certain documents
(2)
Individual attestation of employment authorization
(3)
Retention of verification form
After completion of such form in accordance with paragraphs (1) and (2), the person or entity must retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspection by officers of the Service, the Special Counsel for Immigration-Related Unfair Employment Practices, or 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 for a fee (without hiring) of an individual, three years after the date of the 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,
(4)
Copying of documentation permitted
(5)
Limitation on use of attestation form
(6)
Good faith compliance
(B)
Exception if failure to correct after notice
Subparagraph (A) shall not apply if—
(i)
the Service (or another enforcement agency) has explained to the person or entity the basis for the failure,
(ii)
the person or entity has been provided a period of not less than 10 business days (beginning after the date of the explanation) within which to correct the failure, and
(iii)
the person or entity has not corrected the failure voluntarily within such period.
(C)
Exception for pattern or practice violators
(d)
Evaluation and changes in employment verification system
(1)
Presidential monitoring and improvements in system
(B)
Improvements to establish secure system
(2)
Restrictions on changes in system
Any change the President proposes to implement under paragraph (1) in the verification system must be designed in a manner so the verification system, as so changed, meets the following requirements:
(A)
Reliable determination of identity
The system must be capable of reliably determining whether—
(i)
a person with the identity claimed by an employee or prospective employee is eligible to work, and
(ii)
the employee or prospective employee is claiming the identity of another individual.
(B)
Using of counterfeit-resistant documents
(C)
Limited use of system
(D)
Privacy of information
(E)
Limited denial of verification
(F)
Limited use for law enforcement purposes
(G)
Restriction on use of new documents
(3)
Notice to Congress before implementing changes
(A)
In general
The President may not implement any change under paragraph (1) unless at least—
(ii)
one year, in the case of a major change described in subparagraph (D)(iii), or
(iii)
two years, in the case of a major change described in clause (i) or (ii) of subparagraph (D),
before the date of implementation of the change, the President has prepared and transmitted to the Committee on the Judiciary of the House of Representatives and to the Committee on the Judiciary of the Senate a written report setting forth the proposed change. If the President proposes to make any change regarding social security account number cards, the President shall transmit to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate a written report setting forth the proposed change. The President promptly shall cause to have printed in the Federal Register the substance of any major change (described in subparagraph (D)) proposed and reported to Congress.
(C)
Congressional review of major changes
(ii)
Congressional action
(D)
Major changes defined
As used in this paragraph, the term “major change” means a change which would—
(i)
require an individual to present a new card or other document (designed specifically for use for this purpose) at the time of hiring, recruitment, or referral,
(ii)
provide for a telephone verification system under which an employer, recruiter, or referrer must transmit to a Federal official information concerning the immigration status of prospective employees and the official transmits to the person, and the person must record, a verification code, or
(iii)
require any change in any card used for accounting purposes under the Social Security Act [
42 U.S.C. 301 et seq.], including any change requiring that the only social security account number cards which may be presented in order to comply with subsection (b)(1)(C)(i) are such cards as are in a counterfeit-resistant form consistent with the second sentence of section 205(c)(2)(D) of the Social Security Act [
42 U.S.C. 405(c)(2)(D)].
(E)
General revenue funding of social security card changes
(4)
Demonstration projects
(e)
Compliance
(1)
Complaints and investigations
The Attorney General shall establish procedures—
(A)
for individuals and entities to file written, signed complaints respecting potential violations of subsection (a) or (g)(1),
(B)
for the investigation of those complaints which, on their face, have a substantial probability of validity,
(C)
for the investigation of such other violations of subsection (a) or (g)(1) as the Attorney General determines to be appropriate, and
(D)
for the designation in the Service of a unit which has, as its primary duty, the prosecution of cases of violations of subsection (a) or (g)(1) under this subsection.
(2)
Authority in investigations
In conducting investigations and hearings under this subsection—
(A)
immigration officers and administrative law judges shall have reasonable access to examine evidence of any person or entity being investigated,
(B)
administrative law judges, may, if necessary, compel by subpoena the attendance of witnesses and the production of evidence at any designated place or hearing, and
(C)
immigration officers designated by the Commissioner may compel by subpoena the attendance of witnesses and the production of evidence at any designated place prior to the filing of a complaint in a case under paragraph (2).
In case of contumacy or refusal to obey a subpoena lawfully issued under this paragraph and upon application of the Attorney General, an appropriate district court of the United States may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as a contempt thereof.
(4)
Cease and desist order with civil money penalty for hiring, recruiting, and referral violations
With respect to a violation of subsection (a)(1)(A) or (a)(2), the order under this subsection—
(A)
shall require the person or entity to cease and desist from such violations and to pay a civil penalty in an amount of—
(i)
not less than $250 and not more than $2,000 for each unauthorized alien with respect to whom a violation of either such subsection occurred,
(ii)
not less than $2,000 and not more than $5,000 for each such alien in the case of a person or entity previously subject to one order under this paragraph, or
(iii)
not less than $3,000 and not more than $10,000 for each such alien in the case of a person or entity previously subject to more than one order under this paragraph; and
(B)
may require the person or entity—
(i)
to comply with the requirements of subsection (b) (or subsection (d) if applicable) with respect to individuals hired (or recruited or referred for employment for a fee) during a period of up to three years, and
(ii)
to take such other remedial action as is appropriate.
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 referring for employment, without reference to the practices of, and not under the control of or common control with, another subdivision, each such subdivision shall be considered a separate person or entity.
(5)
Order for civil money penalty for paperwork violations
(6)
Order for prohibited indemnity bonds
(7)
Administrative appellate review
(9)
Enforcement of orders
([June 27, 1952, ch. 477], title II, ch. 8, § 274A, as added [Pub. L. 99–603, title I, § 101(a)(1)], Nov. 6, 1986, [100 Stat. 3360]; amended [Pub. L. 100–525, § 2(a)(1)], Oct. 24, 1988, [102 Stat. 2609]; [Pub. L. 101–649, title V], §§ 521(a), 538(a), Nov. 29, 1990, [104 Stat. 5053], 5056; [Pub. L. 102–232, title III], §§ 306(b)(2), 309(b)(11), Dec. 12, 1991, [105 Stat. 1752], 1759; [Pub. L. 103–416, title II], §§ 213, 219(z)(4), Oct. 25, 1994, [108 Stat. 4314], 4318; [Pub. L. 104–208, div. C, title III, § 379(a)], title IV, §§ 411(a), 412(a)–(d), 416, Sept. 30, 1996, [110 Stat. 3009–649], 3009–666 to 3009–669; [Pub. L. 108–390, § 1(a)], Oct. 30, 2004, [118 Stat. 2242].)