IMMIGRATION AND NATIONALITY ACT by VNZSl3

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									IMMIGRATION AND NATIONALITY ACT

INA: ACT 237 - GENERAL CLASSES OF DEPORTABLE ALIENS


Sec. 237 1/ [8 U.S.C. 1227]

(a) Classes of Deportable Aliens.-Any alien (including an alien crewman) in and admitted
to the United States shall, upon the order of the Attorney General, be removed if the
alien is within one or more of the following classes of deportable aliens:

(1) Inadmissible at time of entry or of adjustment of status or violates status.-

(A) Inadmissible aliens.-Any alien who at the time of entry or adjustment of status was
within one or more of the classes of aliens inadmissible by the law existing at such time
is deportable.


(B) 2/ Present in violation of law.-Any alien who is present in the United States in
violation of this Act or any other law of the 2b/ United States, or whose nonimmigrant
visa (or other documentation authorizing admission into the United States as a
nonimmigrant) has been revoked under section 221(i) , is deportable.

(C) Violated nonimmigrant status or condition of entry.-


(i) Nonimmigrant status violators.-Any alien who was admitted as a nonimmigrant and
who has failed to maintain the nonimmigrant status in which the alien was admitted or to
which it was changed under section 248 , or to comply with the conditions of any such
status, is deportable.

(ii) Violators of conditions of entry.-Any alien whom the Secretary of Health and Human
Services certifies has failed to comply with terms, conditions, and controls that were
imposed under section 212(g) is deportable.


(D) Termination of conditional permanent residence.-


(i) In general.-Any alien with permanent resident status on a conditional basis under
section 216 (relating to conditional permanent resident status for certain alien spouses
and sons and daughters) or under section 216A (relating to conditional permanent
resident status for certain alien entrepreneurs, spouses, and children) who has had such
status terminated under such respective section is deportable.


(ii) Exception.-Clause (i) shall not apply in the cases described in section 216(c)(4)
(relating to certain hardship waivers).
(E) Smuggling.-


(i) In general.-Any alien who (prior to the date of entry, at the time of any entry, or within
5 years of the date of any entry) knowingly has encouraged, induced, assisted, abetted,
or aided any other alien to enter or to try to enter the United States in violation of law is
deportable.

(ii) Special rule in the case of family reunification.-Clause (i) shall not apply in the case of
alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act
of 1990), was physically present in the United States on May 5, 1988, and is seeking
admission as an immediate relative or under section 203(a)(2) (including under section
112 of the Immigration Act of 1990) or benefits under section 301(a) of the Immigration
Act of 1990 if the alien, before May 5, 1988, has en couraged, induced, assisted,
abetted, or aided only the alien's spouse, parent, son, or daughter (and no other
individual) to enter the United States in violation of law.


(iii) Waiver authorized.-The Attorney General may, in his discretion for humanitarian
purposes, to assure family unity, or when it is otherwise in the public interest, waive
application of clause (i) in the case of any alien lawfully admitted for permanent
residence if the alien has encouraged, induced, assisted, abetted, or aided only an
individual who at the time of the offense was 3/ the alien's spouse, parent, son, or
daughter (and no other individual) to enter the United States in violation of law. 4/


(F) [repealed] 5/


(G) Marriage fraud.-An alien shall be considered to be deportable as having procured a
visa or other documentation by fraud (within the meaning of section 212(a)(6)(C)(i) ) and
to be in the United States in violation of this Act (within the meaning of subparagraph
(B)) if-

(i) the alien obtains any admission into the United States with an immigrant visa or other
documentation procured on the basis of a marriage entered into less than 2 years prior
to such entry of the alien and which, within 2 years subsequent to any admission of the
alien in the United States, shall be judicially annulled or terminated, unless the alien
establishes to the satisfaction of the Attorney General that such marriage was not
contracted for the purpose of evading any provisions of the imm igration laws, or


(ii) it appears to the satisfaction of the Attorney General that the alien has failed or
refused to fulfill the alien's marital agreement which in the opinion of the Attorney
General was made for the purpose of procuring the alien's admission as an immigrant.


(H) WAIVER AUTHORIZED FOR CERTAIN MISREPRESENTATIONS. -- The
provisions of this paragraph relating to the removal of aliens within the United States on
the ground that they were inadmissible at the time of admission as aliens described in
section 212(a)(6)(C)(i), whether willful or innocent, may, in the discretion of the Attorney
General, be waived for any alien (other than an alien described in paragraph (4)(D))
who-


(i) 5a/ (I) is the spouse, parent, son, or daughter of a citizen of the United States or of an
alien lawfully admitted to the United States for permanent residence; and


(II) 5a/ was in possession of an immigrant visa or equivalent document and was
otherwise admissible to the United States at the time of such admission except for those
grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section 212(a)
which were a direct result of that fraud or misrepresentation.



(ii) 5a/ 5aa/ is a VAWA self-petitioner.


A waiver of removal for fraud or misrepresentation granted under this subparagraph
shall also operate to waive removal based on the grounds of inadmissibility directly
resulting from such fraud or misrepresentation.



(2) Criminal offenses.-


(A) General crimes.-


(i) Crimes of moral turpitude.-Any alien who-


(I) is convicted of a crime involving moral turpitude committed within five years (or 10
years in the case of an alien provided lawful permanent resident status under section
245(j) ) after the date of admission, and


(II) is convicted of a crime for which a sentence of one year or longer may be imposed.


is deportable


(ii) Multiple criminal convictions.-Any alien who at any time after admission is convicted
of two or more crimes involving moral turpitude, not arising out of a single scheme of
criminal misconduct, regardless of whether confined therefor and regardless of whether
the convictions were in a single trial, is deportable.
(iii) Aggravated felony.-Any alien who is convicted of an aggravated felony at any time
after admission is deportable.


(iv) High Speed Flight.-Any alien who is convicted of a violation of section 758 of title 18,
United States Code, (relating to high speed flight from an immigration checkpoint) is
deportable.

(v) 5b/ FAILURE TO REGISTER AS A SEX OFFENDER- Any alien who is convicted
under section 2250 of title 18, United States Code, is deportable.


(vi) 5b/ Waiver authorized.-Clauses (i), (ii), (iii), and (iv) shall not apply in the case of an
alien with respect to a criminal conviction if the alien subsequent to the criminal
conviction has been granted a full and unconditional pardon by the President of the
United States or by the Governor of any of the several States.


(B) Controlled substances.-


(i) Conviction.-Any alien who at any time after admission has been convicted of a
violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the
United States, or a foreign country relating to a controlled substance (as defined in
section 102 of the Controlled Substances Act (21 U.S.C. 802)), other than a single
offense involving possession for one's own use of 30 grams or less of marijuana, is
deportable.


(ii) Drug abusers and addicts.-Any alien who is, or at any time after admission has been,
a drug abuser or addict is deportable.


(C) Certain firearm offenses.-Any alien who at any time after admission is convicted
under any law of purchasing, selling, offering for sale, exchanging, using, owning,
possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale,
exchange, use, own, possess, or carry, any weapon, part, or accessory which is a
firearm or destructive device (as defined in section 921(a) of title 18, United States
Code) in violation of any law is deportable.


(D) Miscellaneous crimes.-Any alien who at any time has been convicted (the judgment
on such conviction becoming final) of, or has been so convicted of a conspiracy or
attempt to violate-

(i) any offense under chapter 37 (relating to espionage), chapter 105 (relating to
sabotage), or chapter 115 (relating to treason and sedition) of title 18, United States
Code, for which a term of imprisonment of five or more years may be imposed;
(ii) any offense under section 871 or 960 of title 18, United States Code;


(iii) a violation of any provision of the Military Selective Service Act (50 U.S.C. App. 451
et seq.) or the Trading With the Enemy Act (50 U.S.C. App. 1 et seq.); or


(iv) a violation of section 215 or 278 of this Act, is deportable.


(E) 6/ Crimes of Domestic violence, stalking, or violation of protection order, crimes
against children and.-

(i) Domestic violence, stalking, and child abuse.-Any alien who at any time after
admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of
child abuse, child neglect, or child abandonment is deportable. For purposes of this
clause, the term "crime of domestic violence" means any crime of violence (as defined in
section 16 of title 18, United States Code) against a person committed by a current or
former spouse of the person, by an individual with whom the person shares a child in
common, by an individual who is cohabiting with or has cohabited with the person as a
spouse, by an individual similarly situated to a spouse of the person under the domestic
or family violence laws of the jurisdiction where the offense occurs, or by any other
individual against a person who is protected from that individual's acts under the
domestic or family violence laws of the United States or any State, Indian tribal
government, or unit of local government.


(ii) Violators of protection orders.-Any alien who at any time after entry is enjoined under
a protection order issued by a court and whom the court determines has engaged in
conduct that violates the portion of a protection order that involves protection against
credible threats of violence, repeated harassment, or bodily injury to the person or
persons for whom the protection order was issued is deportable. For purposes of this
clause, the term "protection order" means any injunction issued fo r the purpose of
preventing violent or threatening acts of domestic violence, including temporary or final
orders issued by civil or criminal courts (other than support or child custody orders or
provisions) whether obtained by filing an independent action or as a pendente lite order
in another proceeding.


(F) 13/ TRAFFICKING- Any alien described in section 212(a)(2)(H) is deportable.



(3) Failure to register and falsification of documents.-

(A) Change of address.-An alien who has failed to comply with the provisions of section
265 is deportable, unless the alien establishes to the satisfaction of the Attorney General
that such failure was reasonably excusable or was not willful.
(B) Failure to register or falsification of documents.- Any alien who at any time has been
convicted-


(i) under section 266(c) of this Act or under section 36(c) of the Alien Registration Act,
1940,


(ii) of a violation of, or an attempt or a conspiracy to violate, any provision of the Foreign
Agents Registration Act of 1938 (22 U.S.C. 611 et seq.), or


(iii) of a violation of, or an attempt or a conspiracy to violate, section 1546 of title 18,
United States Code (relating to fraud and misuse of visas, permits, and other entry
documents), is deportable.


(C) 7/ Document fraud.-


(i) In general.-An alien who is the subject of a final order for violation of section 274C is
deportable.


(ii) Waiver authorized.-The Attorney General may waive clause (i) in the case of an alien
lawfully admitted for permanent residence if no previous civil money penalty was
imposed against the alien under section 274C and the offense was incurred solely to
assist, aid, or support the alien's spouse or child (and not another individual). No court
shall have jurisdiction to review a decision of the Attorney General to grant or deny a
waiver under this clause.

(D) 8/ FALSELY CLAIMING CITIZENSHIP-


(i) IN GENERAL- Any alien who falsely represents, or has falsely represented, himself to
be a citizen of the United States for any purpose or benefit under this Act (including
section 274A ) or any Federal or State law is deportable.


(ii) EXCEPTION- In the case of an alien making a representation described in clause (i),
if each natural parent of the alien (or, in the case of an adopted alien, each adoptive
parent of the alien) is or was a citizen (whether by birth or naturalization), the alien
permanently resided in the United States prior to attaining the age of 16, and the alien
reasonably believed at the time of making such representation that he or she was a
citizen, the alien shall not be considered to be deportable under any prov ision of this
subsection based on such representation.


(4) Security and related grounds.-
(A) In general.-Any alien who has engaged, is engaged, or at any time after admission
engages in-


(i) any activity to violate any law of the United States relating to espionage or sabotage
or to violate or evade any law prohibiting the export from the United States of goods,
technology, or sensitive information,


(ii) any other criminal activity which endangers public safety or national security, or


(iii) any activity a purpose of which is the opposition to, or the control or overthrow of, the
Government of the United States by force, violence, or other unlawful means, is
deportable.


(B) 8a/ 11/ TERRORIST ACTIVITIES- Any alien who is described in subparagraph (B) or
(F) of section 212(a)(3) is deportable.


(C) Foreign policy.-


(i) In general.-An alien whose presence or activities in the United States the Secretary of
State has reasonable ground to believe would have potentially serious adverse foreign
policy consequences for the United States is deportable.


(ii) Exceptions.-The exceptions described in clauses (ii) and (iii) of section 212(a)(3)(C)
shall apply to deportability under clause (i) in the same manner as they apply to
inadmissibility under section 212(a)(3)(C)(i) .


(D) 8c/ PARTICIPATED IN NAZI PERSECUTION, GENOCIDE, OR THE COMMISSION
OF ANY ACT OF TORTURE OR EXTRAJUDICIAL KILLING.-Any alien described in 8c/
clause (i), (ii), or (iii) of section 212(a)(3)(E) is deportable.


(E) 8b/ Repealed

(E) 8d/ PARTICIPATED IN THE COMMISSION OF SEVERE VIOLATIONS OF
RELIGIOUS FREEDOM- Any alien described in section 212(a)(2)(G) is deportable.


(F) 8e/ RECRUITMENT OR USE OF CHILD SOLDIERS- Any alien who has engaged in
the recruitment or use of child soldiers in violation of section 2442 of title 18, United
States Code, is deportable.
(5) Public charge.-Any alien who, within five years after the date of entry; has become a
public charge from causes not affirmatively shown to have arisen since entry is
deportable.


(6) 9/ UNLAWFUL VOTERS-


(A) IN GENERAL- Any alien who has voted in violation of any Federal, State, or local
constitutional provision, statute, ordinance, or regulation is deportable.


(B) EXCEPTION- In the case of an alien who voted in a Federal, State, or local election
(including an initiative, recall, or referendum) in violation of a lawful restriction of voting to
citizens, if each natural parent of the alien (or, in the case of an adopted alien, each
adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the
alien permanently resided in the United States prior to attaining the age of 16, and the
alien reasonably believed at the time of such violation that he or she was a citizen, the
alien shall not be considered to be deportable under any provision of this subsection
based on such violation.


(7) 9a/ WAIVER FOR VICTIMS OF DOMESTIC VIOLENCE-


(A) IN GENERAL- The Attorney General is not limited by the criminal court record and
may waive the application of paragraph (2)(E)(i) (with respect to crimes of domestic
violence and crimes of stalking) and (ii) in the case of an alien who has been battered or
subjected to extreme cruelty and who is not and was not the primary perpetrator of
violence in the relationship--


(i) upon a determination that--


(I) the alien was acting is self-defense;


(II) the alien was found to have violated a protection order intended to protect the alien;
or


(III) the alien committed, was arrested for, was convicted of, or pled guilty to committing
a crime--


(aa) that did not result in serious bodily injury; and
(bb) where there was a connection between the crime and the alien's having been
battered or subjected to extreme cruelty.


(B) CREDIBLE EVIDENCE CONSIDERED- In acting on applications under this
paragraph, the Attorney General shall consider any credible evidence relevant to the
application. The determination of what evidence is credible and the weight to be given
that evidence shall be within the sole discretion of the Attorney General.


(b) An alien, admitted as an nonimmigrant under the provisions of either section
101(a)(15)(A)(i) or 101(a)(15)(G)(i) , and who fails to maintain a status under either of
those provisions, shall not be required to depart from the United States without the
approval of the Secretary of State, unless such alien is subject to deportation under
paragraph (4) of subsection (a).

(c) Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), and (3)(A) of subsection (a) (other than so
much of paragraph (1) as relates to a ground of inadmissibility described in paragraph
(2) or (3) of section 212(a)) shall not apply to a special immigrant described in section
101(a)(27)(J) based upon circumstances that existed before the date the alien was
provided such special immigrant status.
(d) (1) 10/ , 12/ If the Secretary of Homeland Security determines that an application for
nonimmigrant status under subparagraph (T) or (U) of section 101(a)(15) filed for an
alien in the United States sets forth a prima facie case for approval, the Secretary may
grant the alien an administrative stay of a final order of removal under section 241(c)(2)
until--
(A) the application for nonimmigrant status under such subparagraph (T) or (U) is
approved; or
(B) there is a final administrative denial of the application for such nonimmigrant status
after the exhaustion of administrative appeals.
(2) The denial of a request for an administrative stay of removal under this subsection
shall not preclude the alien from applying for a stay of removal, deferred action, or a
continuance or abeyance of removal proceedings under any other provision of the
immigration laws of the United States.
(3) During any period in which the administrative stay of removal is in effect, the alien
shall not be removed.
(4) Nothing in this subsection may be construed to limit the authority of the Secretary of
Homeland Security or the Attorney General to grant a stay of removal or deportation in
any case not described in this subsection.

INA: ACT 238 - EXPEDITED REMOVAL OF ALIENS CONVICTED OF
COMMITTING AGGRAVATED FELONIES


Sec. 238 1/ [8 U.S.C. 1228]

(a) Removal of Criminal Aliens.-

(1) In general.-The Attorney General shall provide for the availability of special removal
proceedings at certain Federal, State, and local correctional facilities for aliens convicted
of any criminal offense covered in section 241 2/ (a)(2)(A)(iii), (B), (C), or (D), or any
offense covered by section 241 3/ (a)(2)(A)(ii) for which both predicate offenses are,
without regard to the date of their commission, otherwise covered by section 241 4/
(a)(2)(A)(i). 5/ Such proceedings shall be conducted in conformity with section 240
(except as otherwise provided in this section), and in a manner which eliminates the
need for additional detention at any processing center of the Service and in a manner
which assures expeditious removal following the end of the alien's incarceration for the
underlying sentence. Nothing in this section shall be construed to create any substantive
or procedural right or benefit that is legally enforceable by any party against the U nited
States or its agencies or officers or any other person.

(2) Implementation.-With respect to an alien convicted of an 6/ any criminal offense
covered in section 241(a)(2) (A)(iii) , (B) , (C) , or (D) , or any offense covered by section
241(a)(2) (A)(ii) for which both predicate offenses are covered by section 241(a)(2) (A)(i)
who is taken into custody by the Attorney General pursuant to section 236(c) , the
Attorney General shall, to the maximum extent practicable, detain any such felon at a
facility at which other such aliens are detained. In the selection of such facility, the
Attorney General shall make reasonable efforts to ensure that the alien's access to
counsel and right to counsel under section 292 are not impaired.


(3) Expedited proceedings.-


(A) Notwithstanding any other provision of law, the Attorney General shall provide for the
initiation and, to the extent possible, the completion of removal proceedings, and any
administrative appeals thereof, in the case of any alien convicted of an aggravated
felony before the alien's release from incarceration for the underlying aggravated felony.


(B) Nothing in this section shall be construed as requiring the Attorney General to effect
the removal of any alien sentenced to actual incarceration, before release from the
penitentiary or correctional institution where such alien is confined.


(4) Review.-


(A) The Attorney General shall review and evaluate removal proceedings conducted
under this section.

(B) The Comptroller General shall monitor, review, and evaluate removal proceedings
conducted under this section. Within 18 months after the effective date of this section,
the Comptroller General shall submit a report to such Committees concerning the extent
to which removal proceedings conducted under this section may adversely affect the
ability of such aliens to contest removal effectively.

(b) Removal of Aliens Who Are Not Permanent Residents.-


(1) The Attorney General may, in the case of an alien described in paragraph (2),
determine the deportability of such alien under section 237(a)(2)(A)(iii) (relating to
conviction of an aggravated felony) and issue an order of removal pursuant to the
procedures set forth in this subsection or section 240 .


(2) An alien is described in this paragraph if the alien-


(A) was not lawfully admitted for permanent residence at the time at which proceedings
under this section commenced; or


(B) had permanent resident status on a conditional basis (as described in section 216) at
the time that proceedings under this section commenced.


(3) The Attorney General may not execute any order described in paragraph (1) until 14
calendar days have passed from the date that such order was issued, unless waived by
the alien, in order that the alien has an opportunity to apply for judicial review under
section 242.


(4) Proceedings before the Attorney General under this subsection shall be in
accordance with such regulations as the Attorney General shall prescribe. The Attorney
General shall provide that-

(A) the alien is given reasonable notice of the charges and of the opportunity described
in subparagraph (C);


(B) the alien shall have the privilege of being represented (at no expense to the
government) by such counsel, authorized to practice in such proceedings, as the alien
shall choose;


(C) the alien has a reasonable opportunity to inspect the evidence and rebut the
charges;


(D) 7/ a determination is made for the record that the individual upon whom the notice for
the proceeding under this section is served (either in person or by mail) is, in fact, the
alien named in such notice;


(E) a record is maintained for judicial review; and


(F) the final order of removal is not adjudicated by the same person who issues the
charges.
(5) No alien described in this section shall be eligible for any relief from removal that the
Attorney General may grant in the Attorney General's discretion.

(c) Presumption of Deportability.-An alien convicted of an aggravated felony shall be
conclusively presumed to be deportable from the United States.

(c) 8/ Judicial Removal.-

(1) Authority.-Notwithstanding any other provision of this Act, a United States district
court shall have jurisdiction to enter a judicial order of removal at the time of sentencing
against an alien who is deportable, 9/ if such an order has been requested by the United
States Attorney with the concurrence of the Commissioner and if the court chooses to
exercise such jurisdiction.


(2) Procedure.-


(A) The United States Attorney shall file with the United States district court, and serve
upon the defendant and the Service, prior to commencement of the trial or entry of a
guilty plea a notice of intent to request judicial removal.


(B) Notwithstanding section 242B , the United States Attorney, with the concurrence of
the Commissioner, shall file at least 30 days prior to the date set for sentencing a charge
containing factual allegations regarding the alienage of the defendant and identifying the
crime or crimes which make the defendant deportable under section 241(a)(2) (A).


(C) If the court determines that the defendant has presented substantial evidence to
establish prima facie eligibility for relief from removal under this Act, the Commissioner
shall provide the court with a recommendation and report regarding the alien's eligibility
for relief. The court shall either grant or deny the relief sought.


(D) (i) The alien shall have a reasonable opportunity to examine the evidence against
him or her, to present evidence on his or her own behalf, and to cross-examine
witnesses presented by the Government.

(ii) The court, for the purposes of determining whether to enter an order described in
paragraph (1), shall only consider evidence that would be admissible in proceedings
conducted pursuant to section 240.


(iii) Nothing in this subsection shall limit the information a court of the United States may
receive or consider for the purposes of imposing an appropriate sentence.


(iv) The court may order the alien deported if the Attorney General demonstrates that the
alien is deportable under this Act.
(3) Notice, Appeal, and Execution of Judicial Order of Removal.-


(A) (i) A judicial order of removal or denial of such order may be appealed by either party
to the court of appeals for the circuit in which the district court is located.


(ii) Except as provided in clause (iii), such appeal shall be considered consistent with the
requirements described in section 242 .


(iii) Upon execution by the defendant of a valid waiver of the right to appeal the
conviction on which the order of removal is based, the expiration of the period described
in section 242(b)(1), or the final dismissal of an appeal from such conviction, the order of
removal shall become final and shall be executed at the end of the prison term in
accordance with the terms of the order. If the conviction is reversed on direct appeal, the
order entered pursuant to this section shall be void.

(B) As soon as is practicable after entry of a judicial order of removal, the Commissioner
shall provide the defendant with written notice of the order of removal, which shall
designate the defendant's country of choice for removal and any alternate country
pursuant to section 243(a) .


(4) Denial of Judicial Order.-Denial 10/ of a request for a judicial order of removal shall
not preclude the Attorney General from initiating removal proceedings pursuant to
section 240 upon the same ground of deportability or upon any other ground of
deportability provided under section 241(a) .


(5) Stipulated judicial order of deportation.-The United States Attorney, with the
concurrence of the Commissioner, may, pursuant to Federal Rule of Criminal Procedure
11, enter into a plea agreement which calls for the alien, who is deportable under this
Act, to waive the right to notice and a hearing under this section, and stipulate to the
entry of a judicial order of deportation from the United States as a condition of the plea
agreement or as a condition of probation or supervised release, or b oth. The United
States district court, in both felony and misdemeanor cases, and a United States
magistrate judge in misdemeanor cases, may accept such a stipulation and shall have
jurisdiction to enter a judicial order of deportation pursuant to the terms of such
stipulation.


INA: ACT 239 - INITIATION OF REMOVAL PROCEEDINGS


Sec. 239. 1/ (a) Notice to Appear.-


(1) In general.-In removal proceedings under section 240 , written notice (in this section
referred to as a "notice to appear") shall be given in person to the alien (or, if personal
service is not practicable, through service by mail to the alien or to the alien's counsel of
record, if any) specifying the following:

(A) The nature of the proceedings against the alien.


(B) The legal authority under which the proceedings are conducted.


(C) The acts or conduct alleged to be in violation of law.


(D) The charges against the alien and the statutory provisions alleged to have been
violated.


(E) The alien may be represented by counsel and the alien will be provided (i) a period
of time to secure counsel under subsection (b)(1) and (ii) a current list of counsel
prepared under subsection (b)(2).


(F) (i) The requirement that the alien must immediately provide (or have provided) the
Attorney General with a written record of an address and telephone number (if any) at
which the alien may be contacted respecting proceedings under section 240 .


(ii) The requirement that the alien must provide the Attorney General immediately with a
written record of any change of the alien's address or telephone number.


(iii) The consequences under section 240(b)(5) of failure to provide address and
telephone information pursuant to this subparagraph.


(G) (i) The time and place at which the proceedings will be held.


(ii) The consequences under section 240(b)(5) of the failure, except under exceptional
circumstances, to appear at such proceedings.

(2) Notice of change in time or place of proceedings.-

(A) In general.-In removal proceedings under section 240, in the case of any change or
postponement in the time and place of such proceedings, subject to subparagraph (B) a
written notice shall be given in person to the alien (or, if personal service is not
practicable, through service by mail to the alien or to the alien's counsel of record, if any)
specifying-


(i) the new time or place of the proceedings, and
(ii) the consequences under section 240(b)(5) of failing, except under exceptional
circumstances, to attend such proceedings.


(B) Exception.-In the case of an alien not in detention, a written notice shall not be
required under this paragraph if the alien has failed to provide the address required
under paragraph (1)(F).


(3) Central address files.-The Attorney General shall create a system to record and
preserve on a timely basis notices of addresses and telephone numbers (and changes)
provided under paragraph (1)(F).


(b) Securing of Counsel.-


(1) In general.-In order that an alien be permitted the opportunity to secure counsel
before the first hearing date in proceedings under section 240, the hearing date shall not
be scheduled earlier than 10 days after the service of the notice to appear, unless the
alien requests in writing an earlier hearing date.


(2) Current lists of counsel.-The Attorney General shall provide for lists (updated not less
often than quarterly) of persons who have indicated their availability to represent pro
bono aliens in proceedings under section 240. Such lists shall be provided under
subsection (a)(1)(E) and otherwise made generally available.

(3) Rule of construction.-Nothing in this subsection may be construed to prevent the
Attorney General from proceeding against an alien pursuant to section 240 if the time
period described in paragraph (1) has elapsed and the alien has failed to secure
counsel.

(c) Service by Mail.-Service by mail under this section shall be sufficient if there is proof
of attempted delivery to the last address provided by the alien in accordance with
subsection (a)(1)(F).

(d) Prompt Initiation of Removal.-(1) In the case of an alien who is convicted of an
offense which makes the alien deportable, the Attorney General shall begin any removal
proceeding as expeditiously as possible after the date of the conviction.


(2) Nothing in this subsection shall be construed to create any substantive or procedural
right or benefit that is legally enforceable by any party against the United States or its
agencies or officers or any other person.


(e) 2/ Certification of Compliance With Restrictions on Disclosure-
(1) IN GENERAL- In cases where an enforcement action leading to a removal
proceeding was taken against an alien at any of the locations specified in paragraph (2),
the Notice to Appear shall include a statement that the provisions of section 384 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367)
have been complied with.

(2) LOCATIONS- The locations specified in this paragraph are as follows:


(A) At a domestic violence shelter, a rape crisis center, supervised visitation center,
family justice center, a victim services, or victim services provider, or a community-based
organization.


(B) At a courthouse (or in connection with that appearance of the alien at a courthouse)
if the alien is appearing in connection with a protection order case, child custody case, or
other civil or criminal case relating to domestic violence, sexual assault, trafficking, or
stalking in which the alien has been battered or subject to extreme cruelty or if the alien
is described in subparagraph (T) or (U) 3/ of section 101(a)(15) .



INA: ACT 240 - REMOVAL PROCEEDINGS


Sec. 240. 1/ (a) Proceeding.-


(1) In general.-An immigration judge shall conduct proceedings for deciding the
inadmissibility or deportability of an alien.


(2) Charges.-An alien placed in proceedings under this section may be charged with any
applicable ground of inadmissibility under section 212(a) or any applicable ground of
deportability under section 237(a) .

(3) Exclusive procedures.-Unless otherwise specified in this Act, a proceeding under this
section shall be the sole and exclusive procedure for determining whether an alien may
be admitted to the United States or, if the alien has been so admitted, removed from the
United States. Nothing in this section shall affect proceedings conducted pursuant to
section 238.

(b) Conduct of Proceeding.-


(1) Authority of immigration judge.-The immigration judge shall administer oaths, receive
evidence, and interrogate, examine, and cross-examine the alien and any witnesses.
The immigration judge may issue subpoenas for the attendance of witnesses and
presentation of evidence. The immigration judge shall have authority (under regulations
prescribed by the Attorney General) to sanction by civil money penalty any action (or
inaction) in contempt of the judge's proper exercise of authority under this Act.


(2) Form of proceeding.-

(A) In general.-The proceeding may take place-


(i) in person,


(ii) where agreed to by the parties, in the absence of the alien,


(iii) through video conference, or


(iv) subject to subparagraph (B), through telephone conference.


(B) Consent required in certain cases.-An evidentiary hearing on the merits may only be
conducted through a telephone conference with the consent of the alien involved after
the alien has been advised of the right to proceed in person or through video
conference.

(3) Presence of alien.-If it is impracticable by reason of an alien's mental incompetency
for the alien to be present at the proceeding, the Attorney General shall prescribe
safeguards to protect the rights and privileges of the alien.


(4) Aliens rights in proceeding.-In proceedings under this section, under regulations of
the Attorney General-


(A) the alien shall have the privilege of being represented, at no expense to the
Government, by counsel of the alien's choosing who is authorized to practice in such
proceedings,


(B) the alien shall have a reasonable opportunity to examine the evidence against the
alien, to present evidence on the alien's own behalf, and to cross-examine witnesses
presented by the Government but these rights shall not entitle the alien to examine such
national security information as the Government may proffer in opposition to the alien's
admission to the United States or to an application by the alien for discretionary relief
under this Act, and


(C) a complete record shall be kept of all testimony and evidence produced at the
proceeding.
(5) Consequences of failure to appear.-


(A) In general.-Any alien who, after written notice required under paragraph (1) or (2) of
section 239(a) has been provided to the alien or the alien's counsel of record, does not
attend a proceeding under this section, shall be ordered removed in absentia if the
Service establishes by clear, unequivocal, and convincing evidence that the written
notice was so provided and that the alien is removable (as defined in subsection (e)(2)).
The written notice by the Attorney General shall be considered sufficient for purposes of
this subparagraph if provided at the most recent address provided under sectio n
239(a)(1)(F) .

(B) No notice if failure to provide address information.- No written notice shall be
required under subparagraph (A) if the alien has failed to provide the address required
under section 239(a)(1)(F) .


(C) Rescission of order.-Such an order may be rescinded only-


(i) upon a motion to reopen filed within 180 days after the date of the order of removal if
the alien demonstrates that the failure to appear was because of exceptional
circumstances (as defined in subsection (e)(1)), or


(ii) upon a motion to reopen filed at any time if the alien demonstrates that the alien did
not receive notice in accordance with paragraph (1) or (2) of section 239(a) or the alien
demonstrates that the alien was in Federal or State custody and the failure to appear
was through no fault of the alien.


The filing of the motion to reopen described in clause (i) or (ii) shall stay the removal of
the alien pending disposition of the motion by the immigration judge.


(D) Effect on judicial review.-Any petition for review under section 242 of an order
entered in absentia under this paragraph shall (except in cases described in section
242(b)(5) ) be confined to (i) the validity of the notice provided to the alien, (ii) the
reasons for the alien's not attending the proceeding, and (iii) whether or not the alien is
removable.


(E) Additional application to certain aliens in contiguous territory.-The preceding
provisions of this paragraph shall apply to all aliens placed in proceedings under this
section, including any alien who remains in a contiguous foreign territory pursuant to
section 235(b)(2)(C).


(6) Treatment of frivolous behavior.-The Attorney General shall, by regulation-
(A) define in a proceeding before an immigration judge or before an appellate
administrative body under this title, frivolous behavior for which attorneys may be
sanctioned,


(B) specify the circumstances under which an administrative appeal of a decision or
ruling will be considered frivolous and will be summarily dismissed, and


(C) impose appropriate sanctions (which may include suspension and disbarment) in the
case of frivolous behavior.


Nothing in this paragraph shall be construed as limiting the authority of the Attorney
General to take actions with respect to inappropriate behavior.


(7) Limitation on discretionary relief for failure to appear.- Any alien against whom a final
order of removal is entered in absentia under this subsection and who, at the time of the
notice described in paragraph (1) or (2) of section 239(a) , was provided oral notice,
either in the alien's native language or in another language the alien understands, of the
time and place of the proceedings and of the consequences under this paragraph of
failing, other than because of exceptional circumstances (as defined in subsection (e)(1))
to attend a proceeding under this section, shall not be eligible for relief under section
240A , 240B , 245 , 248 , or 249 for a period of 10 years after the date of the entry of the
final order of removal.

(c) Decision and Burden of Proof.-

(1) Decision.-


(A) In general.-At the conclusion of the proceeding the immigration judge shall decide
whether an alien is removable from the United States. The determination of the
immigration judge shall be based only on the evidence produced at the hearing.


(B) Certain medical decisions.-If a medical officer or civil surgeon or board of medical
officers has certified under section 232(b) that an alien has a disease, illness, or
addiction which would make the alien inadmissible under paragraph (1) of section 212(a)
, the decision of the immigration judge shall be based solely upon such certification.


(2) Burden on alien.-In the proceeding the alien has the burden of establishing-


(A) if the alien is an applicant for admission, that the alien is clearly and beyond doubt
entitled to be admitted and is not inadmissible under section 212; or
(B) by clear and convincing evidence, that the alien is lawfully present in the United
States pursuant to a prior admission.


In meeting the burden of proof under subparagraph (B), the alien shall have access to
the alien's visa or other entry document, if any, and any other records and documents,
not considered by the Attorney General to be confidential, pertaining to the alien's
admission or presence in the United States.


(3) Burden on service in cases of deportable aliens.-


(A) In general.-In the proceeding the Service has the burden of establishing by clear and
convincing evidence that, in the case of an alien who has been admitted to the United
States, the alien is deportable. No decision on deportability shall be valid unless it is
based upon reasonable, substantial, and probative evidence.


(B) Proof of convictions.-In any proceeding under this Act, any of the following
documents or records (or a certified copy of such an official document or record) shall
constitute proof of a criminal conviction:


(i) An official record of judgment and conviction.


(ii) An official record of plea, verdict, and sentence.


(iii) A docket entry from court records that indicates the existence of the conviction.


(iv) Official minutes of a court proceeding or a transcript of a court hearing in which the
court takes notice of the existence of the conviction.


(v) An abstract of a record of conviction prepared by the court in which the conviction
was entered, or by a State official associated with the State's repository of criminal
justice records, that indicates the charge or section of law violated, the disposition of the
case, the existence and date of conviction, and the sentence.


(vi) Any document or record prepared by, or under the direction of, the court in which the
conviction was entered that indicates the existence of a conviction.


(vii) Any document or record attesting to the conviction that is maintained by an official of
a State or Federal penal institution, which is the basis for that institution's authority to
assume custody of the individual named in the record.
(C) Electronic records.-In any proceeding under this Act, any record of conviction or
abstract that has been submitted by electronic means to the Service from a State or
court shall be admissible as evidence to prove a criminal conviction if it is-


(i) certified by a State official associated with the State's repository of criminal justice
records as an official record from its repository or by a court official from the court in
which the conviction was entered as an official record from its repository, and


(ii) certified in writing by a Service official as having been received electronically from the
State's record repository or the court's record repository.


A certification under clause (i) may be by means of a computer-generated signature and
statement of authenticity.


(4) 3/ APPLICATIONS FOR RELIEF FROM REMOVAL-


(A) IN GENERAL- An alien applying for relief or protection from removal has the burden
of proof to establish that the alien--


(i) satisfies the applicable eligibility requirements; and


(ii) with respect to any form of relief that is granted in the exercise of discretion, that the
alien merits a favorable exercise of discretion.


(B) SUSTAINING BURDEN- The applicant must comply with the applicable
requirements to submit information or documentation in support of the applicant's
application for relief or protection as provided by law or by regulation or in the
instructions for the application form. In evaluating the testimony of the applicant or other
witness in support of the application, the immigration judge will determine whether or not
the testimony is credible, is persuasive, and refers to specific facts sufficient to
demonstra te that the applicant has satisfied the applicant's burden of proof. In
determining whether the applicant has met such burden, the immigration judge shall
weigh the credible testimony along with other evidence of record. Where the immigration
judge determines that the applicant should provide evidence which corroborates
otherwise credible testimony, such evidence must be provided unless the applicant
demonstrates that the applicant does not have the evidence and cannot reasonably
obtain the evidence.


(C) CREDIBILITY DETERMINATION- Considering the totality of the circumstances, and
all relevant factors, the immigration judge may base a credibility determination on the
demeanor, candor, or responsiveness of the applicant or witness, the inherent
plausibility of the applicant's or witness's account, the consistency between the
applicant's or witness's written and oral statements (whenever made and whether or not
under oath, and considering the circumstances under which the statements were made),
the intern al consistency of each such statement, the consistency of such statements
with other evidence of record (including the reports of the Department of State on
country conditions), and any inaccuracies or falsehoods in such statements, without
regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the
applicant's claim, or any other relevant factor. There is no presumption of credibility,
however, if no adverse credibility determination is explicitly made, the applicant or
witness sh all have a rebuttable presumption of credibility on appeal.


(5) 3/ Notice.-If the immigration judge decides that the alien is removable and orders the
alien to be removed, the judge shall inform the alien of the right to appeal that decision
and of the consequences for failure to depart under the order of removal, including civil
and criminal penalties.


(6) 3/ Motions to reconsider.-


(A) In general.-The alien may file one motion to reconsider a decision that the alien is
removable from the United States.


(B) Deadline.-The motion must be filed within 30 days of the date of entry of a final
administrative order of removal.


(C) Contents.-The motion shall specify the errors of law or fact in the previous order and
shall be supported by pertinent authority.

(7) 3/ Motions to reopen.-


(A) In general.-An alien may file one motion to reopen proceedings under this section ,
3a/ except that this limitation shall not apply so as to prevent the filing of one motion to
reopen described in subparagraph (C)(iv) .


(B) Contents.-The motion to reopen shall state the new facts that will be proven at a
hearing to be held if the motion is granted, and shall be supported by affidavits or other
evidentiary material.

(C) Deadline.-


(i) In general.-Except as provided in this subparagraph, the motion to reopen shall be
filed within 90 days of the date of entry of a final administrative order of removal.
(ii) Asylum.-There is no time limit on the filing of a motion to reopen if the basis of the
motion is to apply for relief under sections 208 or 241(b)(3) and is based on changed
country conditions arising in the country of nationality or the country to which removal
has been ordered, if such evidence is material and was not available and would not have
been discovered or presented at the previous proceeding.


(iii) Failure to appear.-The filing of a motion to reopen an order entered pursuant to
subsection (b)(5) is subject to the deadline specified in subparagraph (C) of such
subsection.


(iv) 2/ SPECIAL RULE FOR BATTERED 3a/ SPOUSES, CHILDREN, AND PARENTS -
3a/ Any limitation under this section on the deadlines for filing such motions shall not
apply' --


(I) if the basis for the motion is to apply for relief under clause (iii) or (iv) of section
204(a)(1)(A) , clause (ii) or (iii) of section 204(a)(1)(B), 3a/ , section 240A(b) , or section
244(a)(3) (as in effect on March 31, 1997) ;


(II) if the motion is accompanied by a cancellation of removal application to be filed with
the Attorney General or by a copy of the self-petition that has been or will be filed with
the Immigration and Naturalization Service upon the granting of the motion to reopen;
3a/


(III) if the motion to reopen is filed within 1 year of the entry of the final order of removal,
except that the Attorney General may, in the Attorney General's discretion, waive this
time limitation in the case of an alien who demonstrates extraordinary circumstances or
extreme hardship to the alien's child; and 3a/


(IV) 3a/ if the alien is physically present in the United States at the time of filing the
motion.


The filing of a motion to reopen under this clause shall only stay the removal of a
qualified alien (as defined in section 431(c)(1)(B) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B))) pending the final
disposition of the motion, including exhaustion of all appeals if the motion establishes
that the alien is a qualified alien.

INA: ACT 244 - TEMPORARY PROTECTED STATUS


Sec. 244. 1/ [8 U.S.C. 1254]

(a) Granting of Status.-
(1) In general.-In the case of an alien who is a national of a foreign state designated
under subsection (b) (or in the case of an alien having no nationality, is a person who
last habitually resided in such designated state) and who meets the requirements of
subsection (c), the Attorney General, in accordance with this section-


(A) may grant the alien temporary protected status in the United States and shall not
remove the alien from the United States during the period in which such status is in
effect, and


(B) shall authorize the alien to engage in employment in the United States and provide
the alien with an "employment authorized" endorsement or other appropriate work
permit.


(2) Duration of work authorization.-Work authorization provided under this section shall
be effective throughout the period the alien is in temporary protected status under this
section.


(3) Notice.-


(A) Upon the granting of temporary protected status under this section, the Attorney
General shall provide the alien with information concerning such status under this
section.


(B) If, at the time of initiation of a removal proceeding against an alien, the foreign state
(of which the alien is a national) is designated under subsection (b), the Attorney
General shall promptly notify the alien of the temporary protected status that may be
available under this section.


(C) If, at the time of designation of a foreign state under subsection (b), an alien (who is
a national of such state) is in a removal proceeding under this title, the Attorney General
shall promptly notify the alien of the temporary protected status that may be available
under this section.


(D) Notices under this paragraph shall be provided in a form and language that the alien
can understand.


(4) Temporary treatment for eligible aliens.-


(A) In the case of an alien who can establish a prima facie case of eligibility for benefits
under paragraph (1), but for the fact that the period of registration under subsection
(c)(1)(A)(iv) has not begun, until the alien has had a reasonable opportunity to register
during the first 30 days of such period, the Attorney General shall provide for the benefits
of paragraph (1).


(B) In the case of an alien who establishes a prima facie case of eligibility for benefits
under paragraph (1), until a final determination with respect to the alien's eligibility for
such benefits under paragraph (1) has been made, the alien shall be provided such
benefits.


(5) Clarification.-Nothing in this section shall be construed as authorizing the Attorney
General to deny temporary protected status to an alien based on the alien's immigration
status or to require any alien, as a condition of being granted such status, either to
relinquish nonimmigrant or other status the alien may have or to execute any waiver of
other rights under this Act. The granting of temporary protected status under this section
shall not be considered to be inconsistent with the granting of nonimmigrant status under
this Act.

(b) Designations.-

(1) In general.-The Attorney General, after consultation with appropriate agencies of the
Government, may designate any foreign state (or any part of such foreign state) under
this subsection only if-


(A) the Attorney General finds that there is an ongoing armed conflict within the state
and, due to such conflict, requiring the return of aliens who are nationals of that state to
that state (or to the part of the state) would pose a serious threat to their personal safety;


(B) the Attorney General finds that-


(i) there has been an earthquake, flood, drought, epidemic, or other environmental
disaster in the state resulting in a substantial, but temporary, disruption of living
conditions in the area affected,


(ii) the foreign state is unable, temporarily, to handle adequately the return to the state of
aliens who are nationals of the state, and


(iii) the foreign state officially has requested designation under this subparagraph; or


(C) the Attorney General finds that there exist extraordinary and temporary conditions in
the foreign state that prevent aliens who are nationals of the state from returning to the
state in safety, unless the Attorney General finds that permitting the aliens to remain
temporarily in the United States is contrary to the national interest of the United States.
A designation of a foreign state (or part of such foreign state) under this paragraph shall
not become effective unless notice of the designation (including a statement of the
findings under this paragraph and the effective date of the designation) is published in
the Federal Register. In such notice, the Attorney General shall also state an estimate of
the number of nationals of the foreign state designated who are (or within the effective
period of the designation are likely to become) eligible f or temporary protected status
under this section and their immigration status in the United States.


(2) Effective period of designation for foreign states.-The designation of a foreign state
(or part of such foreign state) under paragraph (1) shall-


(A) take effect upon the date of publication of the designation under such paragraph, or
such later date as the Attorney General may specify in the notice published under such
paragraph, and


(B) shall remain in effect until the effective date of the termination of the designation
under paragraph (3)(B). For purposes of this section, the initial period of designation of a
foreign state (or part thereof) under paragraph (1) is the period, specified by the Attorney
General, of not less than 6 months and not more than 18 months.


(3) Periodic review, terminations, and extensions of designations.-

(A) Periodic review.-At least 60 days before end of the initial period of designation, and
any extended period of designation, of a foreign state (or part thereof) under this section
the Attorney General, after consultation with appropriate agencies of the Government,
shall review the conditions in the foreign state (or part of such foreign state) for which a
designation is in effect under this subsection and shall determine whether the conditions
for such designation under this subsection continu e to be met. The Attorney General
shall provide on a timely basis for the publication of notice of each such determination
(including the basis for the determination, and, in the case of an affirmative
determination, the period of extension of designation under subparagraph (C)) in the
Federal Register.


(B) Termination of designation.-If the Attorney General determines under subparagraph
(A) that a foreign state (or part of such foreign state) no longer continues to meet the
conditions for designation under paragraph (1), the Attorney General shall terminate the
designation by publishing notice in the Federal Register of the determination under this
subparagraph (including the basis for the determination). Such termination is effective in
accordance with subsection (d)(3), but shall not be effect ive earlier than 60 days after
the date the notice is published or, if later, the expiration of the most recent previous
extension under subparagraph (C).


(C) Extension of designation.-If the Attorney General does not determine under
subparagraph (A) that a foreign state (or part of such foreign state) no longer meets the
conditions for designation under paragraph (1), the period of designation of the foreign
state is extended for an additional period of 6 months (or, in the discretion of the
Attorney General, a period of 12 or 18 months).

(4) Information concerning protected status at time of designations.-At the time of a
designation of a foreign state under this subsection, the Attorney General shall make
available information respecting the temporary protected status made available to aliens
who are nationals of such designated foreign state.


(5) Review.-


(A) Designations.-There is no judicial review of any determination of the Attorney
General with respect to the designation, or termination or extension of a designation, of
a foreign state under this subsection.


(B) Application to individuals.-The Attorney General shall establish an administrative
procedure for the review of the denial of benefits to aliens under this subsection. Such
procedure shall not prevent an alien from asserting protection under this section in
removal proceedings if the alien demonstrates that the alien is a national of a state
designated under paragraph (1).

(c) Aliens Eligible for Temporary Protected Status.-


(1) In general.-


(A) Nationals of designated foreign states.-Subject to paragraph (3), an alien, who is a
national of a state designated under subsection (b)(1) (or in the case of an alien having
no nationality, is a person who last habitually resided in such designated state), meets
the requirements of this paragraph only if-


(i) the alien has been continuously physically present in the United States since the
effective date of the most recent designation of that state;


(ii) the alien has continuously resided in the United States since such date as the
Attorney General may designate;

(iii) the alien is admissible as an immigrant, except as otherwise provided under
paragraph (2)(A), and is not ineligible for temporary protected status under paragraph
(2)(B); and


(iv) to the extent and in a manner which the Attorney General establishes, the alien
registers for the temporary protected status under this section during a registration
period of not less than 180 days.


(B) Registration fee.-The Attorney General may require payment of a reasonable fee as
a condition of registering an alien under subparagraph (A)(iv) (including providing an
alien with an "employment authorized" endorsement or other appropriate work permit
under this section). The amount of any such fee shall not exceed $50. In the case of
aliens registered pursuant to a designation under this section made after July 17, 1991,
the Attorney General may impose a separate, additional fee for providin g an alien with
documentation of work authorization. Notwithstanding section 3302 of title 31, United
States Code, all fees collected under this subparagraph shall be credited to the
appropriation to be used in carrying out this section.


(2) Eligibility standards.-


(A) Waiver of certain grounds for inadmissibility.-In the determination of an alien's
admissibility for purposes of subparagraph (A)(iii) of paragraph (1)-


(i) the provisions of paragraphs (5) and (7)(A) of section 212(a) shall not apply;


(ii) except as provided in clause (iii), the Attorney General may waive any other provision
of section 212(a) in the case of individual aliens for humanitarian purposes, to assure
family unity, or when it is otherwise in the public interest; but

(iii) the Attorney General may not waive-


(I) paragraphs (2)(A) and (2)(B) (relating to criminals) of such section,


(II) paragraph (2)(C) of such section (relating to drug offenses), except for so much of
such paragraph as relates to a single offense of simple possession of 30 grams or less
of marijuana, or


(III) paragraphs (3)(A), (3)(B), (3)(C), and (3)(E) of such section (relating to national
security and participation in the Nazi persecutions or those who have engaged in
genocide).


(B) Aliens ineligible.-An alien shall not be eligible for temporary protected status under
this section if the Attorney General finds that-


(i) the alien has been convicted of any felony or 2 or more misdemeanors committed in
the United States, or
(ii) the alien is described in section 208(b)(2)(A) .


(3) Withdrawal of temporary protected status.-The Attorney General shall withdraw
temporary protected status granted to an alien under this section if-


(A) the Attorney General finds that the alien was not in fact eligible for such status under
this section,


(B) except as provided in paragraph (4) and permitted in subsection (f)(3), the alien has
not remained continuously physically present in the United States from the date the alien
first was granted temporary protected status under this section, or

(C) the alien fails, without good cause, to register with the Attorney General annually, at
the end of each 12-month period after the granting of such status, in a form and manner
specified by the Attorney General.


(4) Treatment of brief, casual, and innocent departures and certain other absences.-


(A) For purposes of paragraphs (1)(A)(i) and (3)(B), an alien shall not be considered to
have failed to maintain continuous physical presence in the United States by virtue of
brief, casual, and innocent absences from the United States, without regard to whether
such absences were authorized by the Attorney General.


(B) For purposes of paragraph (1)(A)(ii), an alien shall not be considered to have failed
to maintain continuous residence in the United States by reason of a brief, casual, and
innocent absence described in subparagraph (A) or due merely to a brief temporary trip
abroad required by emergency or extenuating circumstances outside the control of the
alien.


(5) Construction.-Nothing in this section shall be construed as authorizing an alien to
apply for admission to, or to be admitted to, the United States in order to apply for
temporary protected status under this section.


(6) Confidentiality of information.-The Attorney General shall establish procedures to
protect the confidentiality of information provided by aliens under this section.

(d) Documentation.-


(1) Initial issuance.-Upon the granting of temporary protected status to an alien under
this section, the Attorney General shall provide for the issuance of such temporary
documentation and authorization as may be necessary to carry out the purposes of this
section.

(2) Period of validity.-Subject to paragraph (3), such documentation shall be valid during
the initial period of designation of the foreign state (or part thereof) involved and any
extension of such period. The Attorney General may stagger the periods of validity of the
documentation and authorization in order to provide for an orderly renewal of such
documentation and authorization and for an orderly transition (under paragraph (3))
upon the termination of a designation of a foreign state (or any part of such foreign
state).


(3) Effective date of terminations.-If the Attorney General terminates the designation of a
foreign state (or part of such foreign state) under subsection (b)(3)(B), such termination
shall only apply to documentation and authorization issued or renewed after the effective
date of the publication of notice of the determination under that subsection (or, at the
Attorney General's option, after such period after the effective date of the determination
as the Attorney General determines to be appropria te in order to provide for an orderly
transition).


(4) Detention of the alien.-An alien provided temporary protected status under this
section shall not be detained by the Attorney General on the basis of the alien's
immigration status in the United States.

(e) Relation of Period of Temporary Protected Status to cancellation of removal.-With
respect to an alien granted temporary protected status under this section, the period of
such status shall not be counted as a period of physical presence in the United States
for purposes of section 240A(a) 2/ , unless the Attorney General determines that
extreme hardship exists. Such period shall not cause a break in the continuity of
residence of the period before and after such period for purposes of such section.

(f) Benefits and Status During Period of Temporary Protected Status.-During a period in
which an alien is granted temporary protected status under this section-


(1) the alien shall not be considered to be permanently residing in the United States
under color of law;


(2) the alien may be deemed ineligible for public assistance by a State (as defined in
section 101(a)(36)) or any political subdivision thereof which furnishes such assistance;


(3) the alien may travel abroad with the prior consent of the Attorney General; and


(4) for purposes of adjustment of status under section 245 and change of status under
section 248, the alien shall be considered as being in, and maintaining, lawful status as
a nonimmigrant.
(g) Exclusive Remedy.-Except as otherwise specifically provided, this section shall
constitute the exclusive authority of the Attorney General under law to permit aliens who
are or may become otherwise deportable or have been paroled into the United States to
remain in the United States temporarily because of their particular nationality or region of
foreign state of nationality.

(h) Limitation on Consideration in the Senate of Legislation Adjusting Status.-


(1) In general.-Except as provided in paragraph (2), it shall not be in order in the Senate
to consider any bill, resolution, or amendment that-


(A) provides for adjustment to lawful temporary or permanent resident alien status for
any alien receiving temporary protected status under this section, or


(B) has the effect of amending this subsection or limiting the application of this
subsection.

(2) Supermajority required.-Paragraph (1) may be waived or suspended in the Senate
only by the affirmative vote of three-fifths of the Members duly chosen and sworn. An
affirmative vote of three-fifths of the Members of the Senate duly chosen and sworn shall
be required in the Senate to sustain an appeal of the ruling of the Chair on a point of
order raised under paragraph (1).


(3) Rules.-Paragraphs (1) and (2) are enacted-


(A) as an exercise of the rulemaking power of the Senate and as such they are deemed
a part of the rules of the Senate, but applicable only with respect to the matters
described in paragraph (1) and supersede other rules of the Senate only to the extent
that such paragraphs are inconsistent therewith; and


(B) with full recognition of the constitutional right of the Senate to change such rules at
any time, in the same manner as in the case of any other rule of the Senate.

(i) Annual Report and Review.-


(1) Annual report.-Not later than March 1 of each year (beginning with 1992), the
Attorney General, after consultation with the appropriate agencies of the Government,
shall submit a report to the Committees on the Judiciary of the House of Representatives
and of the Senate on the operation of this section during the previous year. Each report
shall include-


(A) a listing of the foreign states or parts thereof designated under this section,
(B) the number of nationals of each such state who have been granted temporary
protected status under this section and their immigration status before being granted
such status, and

(C) an explanation of the reasons why foreign states or parts thereof were designated
under subsection (b)(1) and, with respect to foreign states or parts thereof previously
designated, why the designation was terminated or extended under subsection (b)(3).


(2) Committee report.-No later than 180 days after the date of receipt of such a report,
the Committee on the Judiciary of each House of Congress shall report to its respective
House such oversight findings and legislation as it deems appropriate.



INA: ACT 273 - UNLAWFUL BRINGING OF ALIENS INTO UNITED STATES


Sec. 273. [8 U.S.C. 1323]

(a) (1) It shall be unlawful for any person, including any transportation company, or the
owner, master, commanding officer, agent, charterer, or consignee of any vessel or
aircraft, to bring to the United States from any place outside thereof (other than from
foreign contiguous territory) any alien who does not have a valid passport and an
unexpired visa, if a visa was required under this Act or regulations issued thereunder.

(2) 1/ It is unlawful for an owner, agent, master, commanding officer, person in charge,
purser, or consignee of a vessel or aircraft who is bringing an alien (except an alien
crewmember) to the United States to take any consideration to be kept or returned
contingent on whether an alien is admitted to, or ordered removed from, the United
States.

(b) If it appears to the satisfaction of the Attorney General that any alien has been so
brought, such person, or transportation company, or the master, commanding officer,
agent, owner, charterer, or consignee of any such vessel or aircraft, shall pay to the
Commissioner a fine of $3,000 for each alien so brought and, except in the case of any
such alien who is admitted, or permitted to land temporarily, in addition, an amount equal
to that paid by such alien for his transportation from the initial point of departure,
indicated in his ticket, to the port of arrival, such latter fine to be delivered by the
Commissioner to the alien on whose account the assessment is made. No vessel or
aircraft shall be granted clearance pending the determination of the liability to the
payment of such fine or while such fine remains 2/ unpaid, except that clearance may be
granted prior to the determination of such question upon the deposit of an amount
sufficient to cover such fine, or of a bond with sufficient surety to secure the payment
thereof approved by the Commissioner.

(c) Except as provided in subsection (e), such fine shall not be remitted or refunded,
unless it appears to the satisfaction of the Attorney General that such person, and the
owner, master, commanding officer, agent, charterer, and consignee of the vessel or
aircraft, prior to the departure of the vessel or aircraft from the last port outside the
United States, did not know, and could not have ascertained by the exercise of
reasonable diligence, that the individual transported was an alien and that a valid
passport or visa was required.

(d) [repealed] 3/

(e) A fine under this section may be reduced, refunded, or waived under such
regulations as the Attorney General shall prescribe in cases in which-


(1) the carrier demonstrates that it had screened all passengers on the vessel or aircraft
in accordance with procedures prescribed by the Attorney General, or


(2) circumstances exist that the Attorney General determines would justify such
reduction, refund, or waiver.


INA: ACT 274 - BRINGING IN AND HARBORING CERTAIN ALIENS


Sec. 274. [8 U.S.C. 1324]

(a) Criminal Penalties.-


(1) (A) Any person who-

(i) knowing that a person is an alien, brings to or attempts to bring to the United States in
any manner whatsoever such person at a place other than a designated port of entry or
place other than as designated by the Commissioner, regardless of whether such alien
has received prior official authorization to come to, enter, or reside in the United States
and regardless of any future official action which may be taken with respect to such
alien;


(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or
remains in the United States in violation of law, transports, or moves or attempts to
transport or move such alien within the United States by means of transportation or
otherwise, in furtherance of such violation of law;


(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or
remains in the United States in violation of law, conceals, harbors, or shields from
detection, or attempts to conceal, harbor, or shield from detection, such alien in any
place, including any building or any means of transportation;


(iv) encourages or induces an alien to come to, enter, or reside in the United States,
knowing or in reckless disregard of the fact that such coming to, entry, or residence is or
will be in violation of law, shall be punished as provided in subparagraph (B); or


(v) 1/ (I) engages in any conspiracy to commit any of the preceding acts, or


(II) aids or abets the commission of any of the preceding acts,

(B) A person who violates subparagraph (A) shall, for each alien in respect to whom
such a violation occurs-


(i) in the case of a violation of subparagraph (A)(i) or (v)(I) 2/ or in the case of a violation
of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of
commercial advantage or private financial gain, 3/ be fined under title 18, United States
Code, imprisoned not more than 10 years, or both;


(ii) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), 4/ be fined under
title 18, United States Code, imprisoned not more than 5 years, or both;


(iii) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) 5/ during and in
relation to which the person causes serious bodily injury (as defined in section 1365 of
title 18, United States Code) to, or places in jeopardy the life of, any person, be fined
under title 18, United States Code, imprisoned not more than 20 years, or both; and


(iv) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in the
death of any person, be punished by death or imprisoned for any term of years or for life,
fined under title 18, United States Code, or both.


1a/ (C) It is not a violation of clauses (ii) or (iii) of subparagraph (A), or of clause (iv) of
subparagraph (A) except where a person encourages or induces an alien to come to or
enter the United States, for a religious denomination having a bona fide nonprofit,
religious organization in the United States, or the agents or officers of such
denomination or organization, to encourage, invite, call, allow, or enable an alien who is
present in the United States to perform the vocation of a minister or missionary for the
denomination or organization in the United States as a volunteer who is not
compensated as an employee, notwithstanding the provision of room, board, travel,
medical assistance, and other basic living expenses, provided the minister or missionary
has been a member of the denomination for at least one year.


(2) Any person who, knowing or in reckless disregard of the fact that an alien has not
received prior official authorization to come to, enter, or reside in the United States,
brings to or attempts to bring to the United States in any manner whatsoever, such alien,
regardless of any official action which may later be taken with respect to such alien shall,
for each alien in respect to whom a violation of this paragraph occurs 6/ -
(A) be fined in accordance with title 18, United States Code, or imprisoned not more than
one year, or both; or


(B) in the case of-


(i) 7/ an offense committed with the intent or with reason to believe that the alien
unlawfully brought into the United States will commit an offense against the United
States or any State punishable by imprisonment for more than 1 year,


(ii) an offense done for the purpose of commercial advantage or private financial gain, or


(iii) 8/ an offense in which the alien is not upon arrival immediately brought and
presented to an appropriate immigration officer at a designated port of entry, be fined
under title 18, United States Code, and shall be imprisoned, in the case of a first or
second violation of subparagraph (B)(iii), not more than 10 years, in the case of a first or
second violation of subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10 years,
and for any other violation, not less than 5 nor more than 15 year s.

(3) (A) 9/ Any person who, during any 12-month period, knowingly hires for employment
at least 10 individuals with actual knowledge that the individuals are aliens described in
subparagraph (B) shall be fined under title 18, United States Code, or imprisoned for not
more than 5 years, or both.


(B) An alien described in this subparagraph is an alien who-


(i) is an unauthorized alien (as defined in section 274A(h)(3) ), and


(ii) has been brought into the United States in violation of this subsection.


(4) 11/ In the case of a person who has brought aliens into the United States in violation
of this subsection, the sentence otherwise provided for may be increased by up to 10
years if--

(A) the offense was part of an ongoing commercial organization or enterprise;

(B) aliens were transported in groups of 10 or more; and

(C) (i) aliens were transported in a manner that endangered their lives; or

(ii) the aliens presented a life-threatening health risk to people in the United States.
(b) 9a/ SEIZURE AND FORFEITURE-

(1) IN GENERAL- Any conveyance, including any vessel, vehicle, or aircraft, that has
been or is being used in the commission of a violation of subsection (a), the gross
proceeds of such violation, and any property traceable to such conveyance or proceeds,
shall be seized and subject to forfeiture.

(2) APPLICABLE PROCEDURES- Seizures and forfeitures under this subsection shall
be governed by the provisions of chapter 46 of title 18, United States Code, relating to
civil forfeitures, including section 981(d) of such title, except that such duties as are
imposed upon the Secretary of the Treasury under the customs laws described in that
section shall be performed by such officers, agents, and other persons as may be
designated for that purpose by the Attorney General.

(3) PRIMA FACIE EVIDENCE IN DETERMINATIONS OF VIOLATIONS- In determining
whether a violation of subsection (a) has occurred, any of the following shall be prima
facie evidence that an alien involved in the alleged violation had not received prior
official authorization to come to, enter, or reside in the United States or that such alien
had come to, entered, or remained in the United States in violation of law:

(A) Records of any judicial or administrative proceeding in which that alien's status was
an issue and in which it was determined that the alien had not received prior official
authorization to come to, enter, or reside in the United States or that such alien had
come to, entered, or remained in the United States in violation of law.

(B) Official records of the Service or of the Department of State showing that the alien
had not received prior official authorization to come to, enter, or reside in the United
States or that such alien had come to, entered, or remained in the United States in
violation of law.

(C) Testimony, by an immigration officer having personal knowledge of the facts
concerning that alien's status, that the alien had not received prior official authorization
to come to, enter, or reside in the United States or that such alien had come to, entered,
or remained in the United States in violation of law.

(c) No officer or person shall have authority to make any arrest for a violation of any
provision of this section except officers and employees of the Service designated by the
Attorney General, either individually or as a member of a class, and all other officers
whose duty it is to enforce criminal laws.


(d) 10/ Notwithstanding any provision of the Federal Rules of Evidence, the videotaped
(or otherwise audiovisually preserved) deposition of a witness to a violation of
subsection (a) who has been deported or otherwise expelled from the United States, or
is otherwise unable to testify, may be admitted into evidence in an action brought for that
violation if the witness was available for cross examination and the deposition otherwise
complies with the Federal Rules of Evidence.


(e) 12/ OUTREACH PROGRAM- The Secretary of Homeland Security, in consultation
with the Attorney General and the Secretary of State, as appropriate, shall develop and
implement an outreach program to educate the public in the United States and abroad
about the penalties for bringing in and harboring aliens in violation of this section.

INA: ACT 274A - UNLAWFUL EMPLOYMENT OF ALIENS


Sec. 274A. [8 U.S.C. 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 3 of the
Migrant and Seasonal Agricultural Worker Protection Act), 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.-It is unlawful for a person or other entity, after hiring an alien
for employment in accordance 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) Defense.-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) Use of labor through contract.-For purposes of this section, a person or other entity
who uses a contract, subcontract, or exchange, entered into, renegotiated, or extended
after the date of the enactment of this section, to obtain the labor of an alien in the
United States knowing that the alien is an unauthorized alien (as defined in subsection
(h)(3)) with respect to performing such labor, shall be considered to have hired the alien
for employment in the United States in violation of paragra ph (1)(A).

(5) Use of state employment agency documentation.-For purposes of paragraphs (1)(B)
and (3), a person or entity shall be deemed to have complied with the requirements of
subsection (b) with respect to the hiring of an individual who was referred for such
employment by a State employment agency (as defined by the Attorney General), if the
person or entity has and retains (for the period and in the manner described in
subsection (b)(3)) appropriate documentation of such referral by that agency, which
documentation certifies that the agency has complied with the procedures specified in
subsection (b) with respect to the individual's referral.

(6) 1/ 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).

(B) Period.-The period described in this subparagraph is 3 years, or, if less, the period of
time that the individual is authorized to be employed in the United States.

(C) Liability.-


(i) In general.-If any employer that is a member of an association hires for employment in
the United States an individual and relies upon the provisions of subparagraph (A) to
comply with the requirements of subsection (b) and the individual is an alien not
authorized to work in the United States, then for the purposes of paragraph (1)(A),
subject to clause (ii), the employer shall be presumed to have known at the time of hiring
or afterward that the individual was an alien not authorized to wor k in the United States.


(ii) Rebuttal of presumption.-The presumption established by clause (i) may be rebutted
by the employer only through the presentation of clear and convincing evidence that the
employer did not know (and could not reasonably have known) that the individual at the
time of hiring or afterward was an alien not authorized to work in the United States.


(iii) Exception.-Clause (i) shall not apply in any prosecution under subsection (f)(1).


(7) 2/ Application to Federal Government._ For purposes of this section, the term "entity"
includes an entity in any branch of the 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.
2a/ 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;


(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) 3/ 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) 4/ Authority to prohibit use of certain documents.- If the Attorney General finds, by
regulation, that any document described in subparagraph (B), (C), or (D) as establishing
employment authorization or identity does not reliably establish such authorization or
identity or is being used fraudulently to an unacceptable degree, the Attorney General
may prohibit or place conditions on its use for purposes of this subsection.


(2) Individual attestation of employment authorization.-The individual must attest, under
penalty of perjury 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. Such attestation may be
manifested by either a hand-written or an electronic signature . 2a/

(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 2a/ 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, whichever is later.


(4) 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.


(5) Limitation on use of attestation form.-A form designated or established by the
Attorney General 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
sections 1001, 1028, 1546, and 1621 of title 18, United States Code.


(6) 5/ Good faith compliance.-


(A) In general.-Except as provided in subparagraphs (B) and (C), 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 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.- Subparagraph (A) shall not apply to a
person or entity that has or is engaging in a pattern or practice of violations of subsection
(a)(1)(A) or (a)(2).

(c) No Authorization of National Identification Cards.-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.

(d) Evaluation and Changes in Employment Verification System.-


(1) Presidential monitoring and improvements in system.-


(A) Monitoring.-The President shall provide for the monitoring and evaluation of the
degree to which the employment verification system established under subsection (b)
provides a secure system to determine employment eligibility in the United States and
shall examine the suitability of existing Federal and State identification systems for use
for this purpose.

(B) Improvements to establish secure system.-To the extent that the system established
under subsection (b) is found not to be a secure system to determine employment
eligibility in the United States, the President shall, subject to paragraph (3) and taking
into account the results of any demonstration projects conducted under paragraph (4),
implement such changes in (including additions to) the requirements of subsection (b) as
may be necessary to establish a secure system to determine employment eligibility in
the United States. Such changes in the system may be implemented only if the changes
conform to the requirements of paragraph (2).


(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.-If the system requires that a document be
presented to or examined by an employer, the document must be in a form which is
resistant to counterfeiting and tampering.
(C) Limited use of system.-Any personal information utilized by the system may not be
made available to Government agencies, employers, and other persons except to the
extent necessary to verify that an individual is not an unauthorized alien.

(D) Privacy of information.-The system must protect the privacy and security of personal
information and identifiers utilized in the system.


(E) Limited denial of verification.-A verification that an employee or prospective
employee is eligible to be employed in the United States may not be withheld or revoked
under the system for any reason other than that the employee or prospective employee
is an unauthorized alien.


(F) Limited use for law enforcement purposes.-The system may not be used for law
enforcement purposes, other than for enforcement of this Act or sections 1001, 1028,
1546, and 1621 of title 18, United States Code.


(G) Restriction on use of new documents.-If the system requires individuals to present a
new 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 to be presented
for any purpose other than under this Act (or enforcement of sections 1001, 1028, 1546,
and 1621 of title 18, United States Code) nor to be carried on one's person.


(3) Notice to congress before implementing changes.-


(A) In general.-The President may not implement any change under paragraph (1)
unless at least-


(i) 60 days,


(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.
(B) Contents of report.-In any report under subparagraph (A) the President shall include
recommendations for the establishment of civil and criminal sanctions for unauthorized
use or disclosure of the information or identifiers contained in such system.


(C) Congressional review of major changes.-


(i) Hearings and review.-The Committees on the Judiciary of the House of
Representatives and of the Senate shall cause to have printed in the Congressional
Record the substance of any major change described in subparagraph (D), shall hold
hearings respecting the feasibility and desirability of implementing such a change, and,
within the two year period before implementation, shall report to their respective Houses
findings on whether or not such a change should be implemented.

(ii) Congressional action.-No major change may be implemented unless the Congress
specifically provides, in an appropriations or other Act, for funds for implementation of
the change.


(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, 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.


(E) General revenue funding of social security card changes.-Any costs incurred in
developing and implementing any change described in subparagraph (D)(iii) for
purposes of this subsection shall not be paid for out of any trust fund established under
the Social Security Act.


(4) Demonstration projects.-

(A) Authority.-The President may undertake demonstration projects (consistent with
paragraph (2)) of different changes in the requirements of subsection (b). No such
project may extend over a period of longer than five years.


(B) Reports on projects.-The President shall report to the Congress on the results of
demonstration projects conducted under this paragraph.

(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) 6/ 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.
(3) Hearing.-


(A) In general.-Before imposing an order described in paragraph (4), (5), or (6) against a
person or entity under this subsection for a violation of subsection (a) or (g)(1), 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.


(B) Conduct of hearing.-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. The hearing shall be held at
the nearest practicable place to the place where the person or entity resides or of the
place where the alleged violation occurred. If no hearing is so requested, the Attorney
General's imposition of the order shall constitute a final and unappealable ord er.

(C) Issuance of orders.-If the administrative law judge determines, upon the
preponderance of the evidence received, that a person or entity named in the complaint
has violated subsection (a) or (g)(1), the administrative law judge shall state his findings
of fact and issue and cause to be served on such person or entity an order described in
paragraph (4), (5), or (6).


(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.- With respect to a violation of
subsection (a)(1)(B), the order under this subsection shall require the person or entity to
pay a civil penalty in an amount of not less than $100 and not more than $1,000 for each
individual with respect to whom such violation occurred. In determining the amount of
the penalty, due consideration shall be given to the size of the business of the employer
being charged, the good faith of the employer, the seri ousness of the violation, whether
or not the individual was an unauthorized alien, and the history of previous violations.


(6) Order for prohibited indemnity bonds.-With respect to a violation of subsection (g)(1),
the order under this subsection may provide for the remedy described in subsection
(g)(2).


(7) Administrative appellate review.-The decision and order of an administrative law
judge shall become the final agency decision and order of the Attorney General unless
either (A) within 30 days, an official delegated by regulation to exercise review authority
over the decision and order modifies or vacates the decision and order, or (B) within 30
days of the date of such a modification or vacation (or within 60 days of the date of
decision and order of an administrative law judge if not so modif ied or vacated) the
decision and order is referred to the Attorney General pursuant to regulations, 7/ in
which case the decision and order of the Attorney General shall become the final agency
decision and order 8/ under this subsection. The Attorney General may not delegate the
Attorney General's authority under this paragraph to any entity which has review
authority over immigration-related matters.


(8) Judicial review.-A person or entity adversely affected by a final order respecting an
assessment may, within 45 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.


(9) Enforcement of orders.-If a person or entity fails to comply with a final order issued
under this subsection against the person or entity, the Attorney General shall file a suit to
seek compliance with the order in any appropriate district court of the United States. In
any such suit, the validity and appropriateness of the final order shall not be subject to
review.
(f) Criminal Penalties and Injunctions for Pattern or Practice Violations.-


(1) Criminal penalty.-Any person or entity which engages in a pattern or practice of
violations of subsection (a)(1)(A) or (a)(2) shall be fined not more than $3,000 for each
unauthorized alien with respect to whom such a violation occurs, imprisoned for not
more than six months for the entire pattern or practice, or both, notwithstanding the
provisions of any other Federal law relating to fine levels.


(2) Enjoining of pattern or practice violations.-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 appropriate district court of the
United States requesting such relief, including a permanent or temporary injunction,
restraining order, or other order against the person or entit y, as the Attorney General
deems necessary.

(g) Prohibition of Indemnity Bonds.-


(1) Prohibition.-It is unlawful for a person or other entity, in the hiring, recruiting, or
referring for employment of any individual, to require the individual to post a bond or
security, to pay or agree to pay an amount, or otherwise to provide a financial guarantee
or indemnity, against any potential liability arising under this section relating to such
hiring, recruiting, or referring of the individual.


(2) Civil penalty.-Any person or entity which is determined, after notice and opportunity
for an administrative hearing under subsection (e), to have violated paragraph (1) shall
be subject to a civil penalty of $1,000 for each violation and to an administrative order
requiring the return of any amounts received in violation of such paragraph to the
employee or, if the employee cannot be located, to the general fund of the Treasury.

(h) Miscellaneous Provisions.-

(1) Documentation.-In providing documentation or endorsement of authorization of aliens
(other than aliens lawfully admitted for permanent residence) authorized 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.


(2) Preemption.-The provisions of this section preempt any State or local law imposing
civil or criminal sanctions (other than through licensing and similar laws) upon those who
employ, or recruit or refer for a fee for employment, unauthorized aliens.


(3) Definition of unauthorized alien.-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)
authorized to be so employed by this Act or by the Attorney General.

INA: ACT 274B - UNFAIR IMMIGRATION-RELATED EMPLOYMENT
PRACTICES


Sec. 274B. [8 U.S.C. 1324b]

(a) Prohibition of Discrimination Based on National Origin or Citizenship Status.-


(1) General rule.-It is an unfair immigration-related employment practice for a person or
other entity to discriminate against any individual (other than an unauthorized alien, as
defined in section 274A(h)(3) ) with respect to the hiring, or recruitment or referral for a
fee, of the individual for employment or the discharging of the individual from
employment-


(A) because of such individual's national origin, or


(B) in the case of a protected individual (as defined in paragraph (3)), because of such
individual's citizenship status.


(2) Exceptions.-Paragraph (1) shall not apply to-


(A) a person or other entity that employs three or fewer employees,


(B) a person's or entity's discrimination because of an individual's national origin if the
discrimination with respect to that person or entity and that individual is covered under
section 703 of the Civil Rights Act of 1964, or


(C) discrimination because of citizenship status which is otherwise required in order to
comply with law, regulation, or executive order, or required by Federal, State, or local
government contract, or which the Attorney General determines to be essential for an
employer to do business with an agency or department of the Federal, State, or local
government.


(3) Definition of protected individual.-As used in paragraph (1), the term "protected
individual" means an individual who-


(A) is a citizen or national of the United States, or

(B) is an alien who is lawfully admitted for permanent residence, is granted the status of
an alien lawfully admitted for temporary residence under section 210(a) , or 245A(a)(1) ,
is admitted as a refugee under section 207 , or is granted asylum under section 208 ; but
does not include (i) an alien who fails to apply for naturalization within six months of the
date the alien first becomes eligible (by virtue of period of lawful permanent residence) to
apply for naturalization or, if later, within six months after the date of the enactment of
this section and (ii) an alien who has applied on a timely basis, but has not been
naturalized as a citizen within 2 years after the date of the application, unless the alien
can establish that the alien is actively pu rsuing naturalization, except that time
consumed in the Service's processing the application shall not be counted toward the 2-
year period.


(4) Additional exception providing right to prefer equally qualified citizens.-
Notwithstanding any other provision of this section, it is not an unfair immigration-related
employment practice for a person or other entity to prefer to hire, recruit, or refer an
individual who is a citizen or national of the United States over another individual who is
an alien if the two individuals are equally qualified.


(5) Prohibition of intimidation or retaliation.-It is also an unfair immigration-related
employment practice for a person or other entity to intimidate, threaten, coerce, or
retaliate against any individual for the purpose of interfering with any right or privilege
secured under this section or because the individual intends to file or has filed a charge
or a complaint, testified, assisted, or participated in any manner in an investigation,
proceeding, or hearing under this section. An individual s o intimidated, threatened,
coerced, or retaliated against shall be considered, for purposes of subsections (d) and
(g), to have been discriminated against.

(6) 1/ Treatment of certain documentary practices as employment practices.-A person's
or other entity's request, for purposes of satisfying the requirements of section 274A(b),
for more or different documents than are required under such section or refusing to
honor documents tendered that on their face reasonably appear to be genuine shall be
treated as an unfair immigration- related employment practice if made for the purpose or
with the intent of discriminating against an individual in violation of par agraph (1).

(b) Charges of Violations.-


(1) In general.-Except as provided in paragraph (2), any person alleging that the person
is adversely affected directly by an unfair immigration-related employment practice (or a
person on that person's behalf) or an officer of the Service alleging that an unfair
immigration-related employment practice has occurred or is occurring may file a charge
respecting such practice or violation with the Special Counsel (appointed under
subsection (c)). Charges shall be in writing under oath or affirmation a nd shall contain
such information as the Attorney General requires. The Special Counsel by certified mail
shall serve a notice of the charge (including the date, place, and circumstances of the
alleged unfair immigration-related employment practice) on the person or entity involved
within 10 days.


(2) No overlap with EEOC complaints.-No charge may be filed respecting an unfair
immigration-related employment practice described in subsection (a)(1)(A) if a charge
with respect to that practice based on the same set of facts has been filed with the Equal
Employment Opportunity Commission under title VII of the Civil Rights Act of 1964,
unless the charge is dismissed as being outside the scope of such title. No charge
respecting an employment practice may be filed with the Equal Employment Opport
unity Commission under such title if a charge with respect to such practice based on the
same set of facts has been filed under this subsection, unless the charge is dismissed
under this section as being outside the scope of this section.

(c) Special Counsel.-


(1) Appointment.-The President shall appoint, by and with the advice and consent of the
Senate, a Special Counsel for Immigration-Related Unfair Employment Practices
(hereinafter in this section referred to as the "Special Counsel") within the Department of
Justice to serve for a term of four years. In the case of a vacancy in the office of the
Special Counsel the President may designate the officer or employee who shall act as
Special Counsel during such vacancy.


(2) Duties.-The Special Counsel shall be responsible for investigation of charges and
issuance of complaints under this section and in respect of the prosecution of all such
complaints before administrative law judges and the exercise of certain functions under
subsection (j)(1).


(3) Compensation.-The Special Counsel is entitled to receive compensation at a rate not
to exceed the rate now or hereafter provided for grade GS-17 of the General Schedule,
under section 5332 of title 5, United States Code.


(4) Regional offices.-The Special Counsel, in accordance with regulations of the Attorney
General, shall establish such regional offices as may be necessary to carry out his
duties.


(d) Investigation of Charges.-


(1) By special counsel.-The Special Counsel shall investigate each charge received and,
within 120 days of the date of the receipt of the charge, determine whether or not there
is reasonable cause to believe that the charge is true and whether or not to bring a
complaint with respect to the charge before an administrative law judge. The Special
Counsel may, on his own initiative, conduct investigations respecting unfair immigration-
related employment practices and, based on such an investigation an d subject to
paragraph (3), file a complaint before such a judge.


(2) Private actions.-If the Special Counsel, after receiving such a charge respecting an
unfair immigration-related employment practice which alleges knowing and intentional
discriminatory activity or a pattern or practice of discriminatory activity, has not filed a
complaint before an administrative law judge with respect to such charge within such
120-day period, the Special Counsel shall notify the person making the charge of the
determination not to file such a complaint during such period and the person making the
charge may (subject to paragraph (3)) file a complaint directly before such a judge within
90 days after the date of receipt of the notice. The Special Counsel's failure to file such a
complaint within such 120-day period shall not affect the right of the Special Counsel to
investigate the charge or to bring a complaint before an administrative law judge during
such 90-day period.


(3) Time limitations on complaints.-No complaint may be filed respecting any unfair
immigration-related employment practice occurring more than 180 days prior to the date
of the filing of the charge with the Special Counsel. This subparagraph shall not prevent
the subsequent amending of a charge or complaint under subsection (e)(1).

(e) Hearings.-

(1) Notice.-Whenever a complaint is made that a person or entity has engaged in or is
engaging in any such unfair immigration-related employment practice, an administrative
law judge shall have power to issue and cause to be served upon such person or entity
a copy of the complaint and a notice of hearing before the judge at a place therein fixed,
not less than five days after the serving of the complaint. Any such complaint may be
amended by the judge conducting the hearing, upon the motion of the party filing the
complaint, in the judge's discretion at any time prior to the issuance of an order based
thereon. The person or entity so complained of shall have the right to file an answer to
the original or amended complaint and to appear in person or otherwise and give
testimony at the place and time fixed in the complaint.


(2) Judges hearing cases.-Hearings on complaints under this subsection shall be
considered before administrative law judges who are specially designated by the
Attorney General as having special training respecting employment discrimination and,
to the extent practicable, before such judges who only consider cases under this section.


(3) Complainant as party.-Any person filing a charge with the Special Counsel respecting
an unfair immigration-related employment practice shall be considered a party to any
complaint before an administrative law judge respecting such practice and any
subsequent appeal respecting that complaint. In the discretion of the judge conducting
the hearing, any other person may be allowed to intervene in the proceeding and to
present testimony.

(f) Testimony and Authority of Hearing Officers.-


(1) Testimony.-The testimony taken by the administrative law judge shall be reduced to
writing. Thereafter, the judge, in his discretion, upon notice may provide for the taking of
further testimony or hear argument.

(2) Authority of administrative law judges.-In conducting investigations and hearings
under this subsection and in accordance with regulations of the Attorney General, the
Special Counsel and administrative law judges shall have reasonable access to examine
evidence of any person or entity being investigated. The administrative law judges by
subpoena may compel the attendance of witnesses and the production of evidence at
any designated place or hearing. In case of contumacy or refusal to obey a su bpoena
lawfully issued under this paragraph and upon application of the administrative law
judge, 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.

(g) Determinations.-


(1) Order.-The administrative law judge shall issue and cause to be served on the
parties to the proceeding an order, which shall be final unless appealed as provided
under subsection (i).


(2) Orders finding violations.-


(A) In general.-If, upon the preponderance of the evidence, an administrative law judge
determines that any person or entity named in the complaint has engaged in or is
engaging in any such unfair immigration-related employment practice, then the judge
shall state his findings of fact and shall issue and cause to be served on such person or
entity an order which requires such person or entity to cease and desist from such unfair
immigration-related employment practice.


(B) Contents of order.-Such an order also may require the person or entity-


(i) to comply with the requirements of section 274A(b) with respect to individuals hired
(or recruited or referred for employment for a fee) during a period of up to three years;

(ii) to retain for the period referred to in clause (i) and only for purposes consistent with
section 274A(b)(5), the name and address of each individual who applies, in person or in
writing, for hiring for an existing position, or for recruiting or referring for a fee, for
employment in the United States;


(iii) to hire individuals directly and adversely affected, with or without back pay;


(iv)(I) except as provided in subclauses (II) through (IV), to pay a civil penalty of not less
than $250 and not more than $2,000 for each individual discriminated against,


(II) except as provided in subclauses (III) and (IV), in the case of a person or entity
previously subject to a single order under this paragraph, to pay a civil penalty of not
less than $2,000 and not more than $5,000 for each individual discriminated against,
(III) except as provided in subclause (IV), in the case of a person or entity previously
subject to more than one order under this paragraph, to pay a civil penalty of not less
than $3,000 and not more than $10,000 for each individual discriminated against, and


(IV) in the case of an unfair immigration-related employment practice described in
subsection (a)(6), to pay a civil penalty of not less than $100 and not more than $1,000
for each individual discriminated against;


(v) to post notices to employees about their rights under is section and employers'
obligations under section 274A ;

(vi) to educate all personnel involved in hiring and complying with this section or section
274A about the requirements of this section or such section;


(vii) to remove (in an appropriate case) a false performance review or false warning from
an employee's personnel file; and


(viii) to lift (in an appropriate case) any restrictions on an employee's assignments, work
shifts, or movements.


(C) Limitation on back pay remedy.-In providing a remedy under subparagraph (B)(iii),
back pay liability shall not accrue from a date more than two years prior to the date of
the filing of a charge with the Special Counsel. Interim earnings or amounts earnable
with reasonable diligence by the individual or individuals discriminated against shall
operate to reduce the back pay otherwise allowable under such subparagraph. No order
shall require the hiring of an individual as an employee or the payme nt to an individual
of any back pay, if the individual was refused employment for any reason other than
discrimination on account of national origin or citizenship status.


(D) Treatment of distinct entities.-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.


(3) Orders not finding violations.-If upon the preponderance of the evidence an
administrative law judge determines that the person or entity named in the complaint has
not engaged and is not engaging in any such unfair immigration-related employment
practice, then the judge shall state his findings of fact and shall issue an order
dismissing the complaint.

(h) Awarding of Attorney's Fees.-In any complaint respecting an unfair immigration-
related employment practice, an administrative law judge, in the judge's discretion, may
allow a prevailing party, other than the United States, a reasonable attorney's fee, if the
losing party's argument is without reasonable foundation in law and fact.

(i) Review of Final Orders.-


(1) In general.-Not later than 60 days after the entry of such final order, any person
aggrieved by such final order may seek a review of such order in the United States court
of appeals for the circuit in which the violation is alleged to have occurred or in which the
employer resides or transacts business.


(2) Further review.-Upon the filing of the record with the court, the jurisdiction of the court
shall be exclusive and its judgment shall be final, except that the same shall be subject
to review by the Supreme Court of the United States upon writ of certiorari or certification
as provided in section 1254 of title 28, United States Code.

(j) Court Enforcement of Administrative Orders.-


(1) In general.-If an order of the agency is not appealed under subsection (i)(1), the
Special Counsel (or, if the Special Counsel fails to act, the person filing the charge) may
petition the United States district court for the district in which a violation of the order is
alleged to have occurred, or in which the respondent resides or transacts business, for
the enforcement of the order of the administrative law judge, by filing in such court a
written petition praying that such order be enforced .


(2) Court enforcement order-Upon the filing of such petition, the court shall have
jurisdiction to make and enter a decree enforcing the order of the administrative law
judge. In such a proceeding, the order of the administrative law judge shall not be
subject to review.

(3) Enforcement decree in original review.-If, upon appeal of an order under subsection
(i)(1), the United States court of appeals does not reverse such order, such court shall
have the jurisdiction to make and enter a decree enforcing the order of the administrative
law judge.


(4) Awarding of attorney's fees.-In any judicial proceeding under subsection (i) or this
subsection, the court, in its discretion, may allow a prevailing party, other than the United
States, a reasonable attorney's fee as part of costs but only if the losing party's
argument is without reasonable foundation in law and fact.

(k) Termination Dates.-


(1) This section shall not apply to discrimination in hiring, recruiting, referring, or
discharging of individuals occurring after the date of any termination of the provisions of
section 274A, under subsection (l) of that section.
(2) The provisions of this section shall terminate 30 calendar days after receipt of the last
report required to be transmitted under section 274A(j) if-


(A) the Comptroller General determines, and so reports in such report that-


(i) no significant discrimination has resulted, against citizens or nationals of the United
States or against any eligible workers seeking employment, from the implementation of
section 274A, or


(ii) such section has created an unreasonable burden on employers hiring such workers;
and


(B) there has been enacted, within such period of 30 calendar days, a joint resolution
stating in substance that the Congress approves the findings of the Comptroller General
contained in such report.

The provisions of subsections (m) and (n) of section 274A shall apply to any joint
resolution under subparagraph (B) in the same manner as they apply to a joint resolution
under subsection (l) of such section.

(l) Dissemination of Information Concerning Anti-Discrimination Provisions.-


(1) Not later than 3 months after the date of the enactment of this subsection, the
Special Counsel, in cooperation with the chairman of the Equal Employment Opportunity
Commission, the Secretary of Labor, and the Administrator of the Small Business
Administration, shall conduct a campaign to disseminate information respecting the
rights and remedies prescribed under this section and under title VII of the Civil Rights
Act of 1964 in connection with unfair immigration-related employment practices. Such
campaign shall be aimed at increasing the knowledge of employers, employees, and the
general public concerning employer and employee rights, responsibilities, and remedies
under this section and such title.


(2) In order to carry out the campaign under this subsection, the Special Counsel-


(A) may, to the extent deemed appropriate and subject to the availability of
appropriations, contract with public and private organizations for outreach activities
under the campaign, and


(B) shall consult with the Secretary of Labor, the chairman of the Equal Employment
Opportunity Commission, and the heads of such other agencies as may be appropriate.
(3) There are authorized to be appropriated to carry out this subsection $10,000,000 for
each fiscal year (beginning with fiscal year 1991).

INA: ACT 274C - PENALTIES FOR DOCUMENT FRAUD


Sec. 274C. [8 U.S.C. 1324c]

(a) Activities Prohibited.-It is unlawful for any person or entity knowingly-


(1) to forge, counterfeit, alter, or falsely make any document for the purpose of satisfying
a requirement of this Act or to obtain a benefit under this Act,


(2) to use, attempt to use, possess, obtain, accept, or receive or to provide any forged,
counterfeit, altered, or falsely made document in order to satisfy any requirement of this
Act or to obtain a benefit under this Act,


(3) to use or attempt to use or to provide or attempt to provide any document lawfully
issued to or with respect to a person other than the possessor (including a deceased
individual) for the purpose of satisfying a requirement of this Act or obtaining a benefit
under this Act,


(4) to accept or receive or to provide any document lawfully issued to or with respect to a
person other than the possessor (including a deceased individual) for the purpose of
complying with section 274A(b) or obtaining a benefit under this Act , or


(5) 1/ to prepare, file, or assist another in preparing or filing, any application for benefits
under this Act, or any document required under this Act, or any document submitted in
connection with such application or document, with knowledge or in reckless disregard
of the fact that such application or document was falsely made or, in whole or in part,
does not relate to the person on whose behalf it was or is being submitted, or

(6) (A) to present before boarding a common carrier for the purpose of coming to the
United States a document which relates to the alien's eligibility to enter the United
States, and (B) to fail to present such document to an immigration officer upon arrival at
a United States port of entry.

(b) Exception.-This section does not prohibit any lawfully authorized investigative,
protective, or intelligence activity of a law enforcement agency of the United States, a
State, or a subdivision of a State, or of an intelligence agency of the United States, or
any activity authorized under chapter 224 of title 18, United States Code.

(c) Construction.-Nothing in this section shall be construed to diminish or qualify any of
the penalties available for activities prohibited by this section but proscribed as well in
title 18, United States Code.
(d) Enforcement.-


(1) 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) 2/ 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.


(2) Hearing.-


(A) In general.-Before imposing an order described in paragraph (3) 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.


(B) Conduct of hearing.-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. The hearing shall be held at
the nearest practicable place to the place where the person or entity resides or of the
place where the alleged violation occurred. If no hearing is so requested, the Attorney
General's imposition of the order shall constitute a final and unappealable ord er.


(C) Issuance of orders.-If the administrative law judge determines, upon the
preponderance of the evidence received, that a person or entity has violated subsection
(a), the administrative law judge shall state his findings of fact and issue and cause to be
served on such person or entity an order described in paragraph (3).


(3) Cease and desist order with civil money penalty.-With respect to a violation of
subsection (a), the order under this subsection shall require the person or entity to cease
and desist from such violations and to pay a civil penalty in an amount of-

(A) not less than $250 and not more than $2,000 for each document that is the subject of
a violation under subsection (a) 3/ , or


(B) in the case of a person or entity previously subject to an order under this paragraph,
not less than $2,000 and not more than $5,000 for each document that is the subject of
a violation under subsection (a).

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.


(4) Administrative appellate review.-The decision and order of an administrative law
judge shall become the final agency decision and order of the Attorney General unless
either (A) within 30 days, an official delegated by regulation to exercise review authority
over the decision and order modifies or vacates the decision and order, or (B) within 30
days of the date of such a modification or vacation (or within 60 days of the date of
decision and order of an administrative law judge if not so modif ied or vacated) the
decision and order is referred to the Attorney General pursuant to regulations 4/ , in
which case the decision and order of the Attorney General shall become the final agency
decision and order under this subsection.


(5) Judicial review.-A person or entity adversely affected by a final order under this
section may, within 45 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.

(6) Enforcement of orders.-If a person or entity fails to comply with a final order issued
under this section against the person or entity, the Attorney General shall file a suit to
seek compliance with the order in any appropriate district court of the United States. In
any such suit, the validity and appropriateness of the final order shall not be subject to
review


(7) 5/ Waiver by attorney general.-The Attorney General may waive the penalties
imposed by this section with respect to an alien who knowingly violates subsection (a)(6)
if the alien is granted asylum under section 208 or withholding of removal under section
241(b)(3) . 6/

(e) 7/ Criminal Penalties for Failure to Disclose Role as Document Preparer.-(1)
Whoever, in any matter within the jurisdiction of the Service, knowingly and willfully fails
to disclose, conceals, or covers up the fact that they have, on behalf of any person and
for a fee or other remuneration, prepared or assisted in preparing an application which
was falsely made (as defined in subsection (f)) for immigration benefits, shall be fined in
accordance with title 18, United States code, imprisoned for not mo re than 5 years, or
both, and prohibited from preparing or assisting in preparing, whether or not for a fee or
other remuneration, any other such application.


(2) Whoever, having been convicted of a violation of paragraph (1), knowingly and
willfully prepares or assists in preparing an application for immigration benefits pursuant
to this Act, or the regulations promulgated thereunder, whether or not for a fee or other
remuneration and regardless of whether in any matter within the jurisdiction of the
Service, shall be fined in accordance with title 18, United States Code, imprisoned for
not more than 15 years, or both, and prohibited from preparing or a ssisting in preparing
any other such application.

(f) 8/ Falsely Make.-For purposes of this section, the term "falsely make" means to
prepare or provide an application or document, with knowledge or in reckless disregard
of the fact that the application or document contains a false, fictitious, or fraudulent
statement or material representation, or has no basis in law or fact, or otherwise fails to
state a fact which is material to the purpose for which it was submitted.

								
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