Thread: Illegal Immigration Reform and Immigrant Responsibility Act

http://www.uscis.gov/graphics/publicaff ... ts/948.htm

Overview

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (the 96 Act) Pub L. 104-208, was enacted on September 30, 1996. It includes increases in criminal penalties for immigration-related offenses, authorization for increases in enforcement personnel, and enhanced enforcement authority. There are a number of measures designed to enhance Immigration and Naturalization Service (INS) presence and enforcement at the border. The 96 Act undertakes a comprehensive reorganization of the process of removal for inadmissible and deportable aliens, including a provision for the expedited removal of inadmissible aliens arriving at ports of entry. The 96 Act requires the conducting of three types of employment authorization verification pilot programs. It includes restrictions on the eligibility of aliens for public benefits and imposes new requirements on sponsors of alien relatives for immigration. A brief description of the Act's principal provisions follows.

Changes in Exclusion and Deportation Processes

Expedited Removal.

The 1996 Act amends section 235(b)(1) of the INA, effective April 1, 1997, to provide that, if an examining immigration officer determines that an arriving alien is inadmissible for having engaged in fraud or misrepresentation or because the alien lacks valid documents, the officer shall order the alien removed without further hearing or review, unless the alien states a fear of persecution or an intention to apply for asylum

An alien subject to expedited removal who states a fear of persecution or an intention to apply for asylum shall be referred for interview by an asylum officer. If the officer finds that the alien has a credible fear of persecution, the alien shall be detained for further consideration of the application for asylum under normal non-expedited removal proceedings. If the asylum officer determines that the alien does not have a credible fear of persecution, the asylum officer will order the alien removed from the United States. The alien may request that an immigration judge review the asylum officer's credible fear determination. If the immigration judge also finds that the alien does not have a credible fear of persecution, the alien will be removed from the United States pursuant to the asylum officer's order. If the immigration judge determines that the alien does have a credible fear, the underlying order shall be vacated. The Service may then place the alien in normal, non-expedited removal proceedings. Throughout the process of administrative review, INS shall detain the alien.

Removal Proceedings.

The 1996 Act undertakes a comprehensive revision of the procedures for removal of aliens. It consolidates exclusion and deportation proceedings into one removal proceeding. These new provisions become effective on April 1, 1997 for proceedings commenced on or after that date. The INA now provides that an alien who enters without inspection (EWI) will be subject to a determination of admissibility.

Aliens may seek cancellation of removal through two new provisions intended to replace the waiver under former INA section 212(c) and suspension of deportation under former INA section 244. These new forms of relief are available to both inadmissible and deportable aliens. Under section 240A(a), aliens lawfully admitted for permanent residence for not less than five years who have resided continuously in the United States for seven years after having been admitted in any status may request cancellation of removal provided they have not been convicted of an aggravated felony. Under section 240A(b), an alien who has been physically present in the United States for a continuous period of at least 10 years, who has been a person of good moral character, and who has not been convicted of a criminal offense that could result in the alien's removal from the United States may seek cancellation of removal and adjustment of status, provided the alien has a spouse, parent or child who is a U.S. citizen or lawful permanent resident. Cancellation under section 240A(b) may only be granted if aliens demonstrate that their removal from the United States would result in exceptional and extremely unusual hardship to a spouse, parent or child who is a lawful permanent resident or U.S. citizen. The Attorney General may not adjust the status of more than 4,000 aliens under section 240A(b) in any fiscal year.

Judicial Review.

There is no judicial review of: (1) any judgment whether to grant relief under section 212(h) or (i), 240A, 240B, or 245; (2) any decision or action of the Attorney General which is specified to be in the discretion of the Attorney General (except a discretionary judgment whether to grant asylum); or (3) any decision in the case of an alien who is removable on the basis of most criminal convictions, except an alien deportable for having committed a single crime involving moral turpitude.

Criminal Aliens.

The Act amends the definition of "aggravated felony" by: adding crimes of rape and sexual abuse of a minor; lowering the fine threshold for crimes relating to money laundering and certain illegal monetary transactions from $100,000 to $10,000; lowering the imprisonment threshold for crimes of theft, violence, racketeering and document fraud from five years to one year; and lowering the loss threshold for crimes of tax evasion and fraud and deceit from $200,000 to $10,000. This section also adds new offenses to the definition relating to gambling, bribery, perjury, revealing the identity of undercover agents, and transporting prostitutes. It deletes the requirement that a crime of alien smuggling be for commercial advantage in order to be considered an aggravated felony, but exempts a first offense involving the alien's spouse, child or parent. The amendment provides that the amended definition of "aggravated felony" applies to offenses that occurred before, on, or after the date of enactment of the 96 Act.

Enhanced Enforcement and Penalties for Alien Smuggling and Document Fraud

Title II of the 1996 Act increases criminal penalties for alien smuggling and allows wiretap authority to investigate alien smuggling, document fraud, citizenship fraud and passport fraud. It eliminates the requirement that a smuggling offense have been "committed for financial gain" in order to be considered a RICO-predicate crime. Title II increases criminal penalties for document fraud and permits criminal asset forfeiture for passport and visa-related offenses. It establishes criminal penalties for false claims to U.S. citizenship and illegal voting by aliens in federal elections. There are new provisions that broaden the definition of document fraud for purposes of section 274C of the Act and criminal penalties for failure to disclose one's role as a preparer of a false application for immigration benefits.

Worksite Enforcement and Verification

Title IV of the Act requires the establishment, within one year of enactment, of three distinct pilot programs, each of which will last for four years. The pilots include: 1) a basic pilot program, 2) a citizen attestation program, and 3) a machine-readable document program. Participation in the pilot programs will be voluntary on the part of employers, except with regard to the executive and legislative branches of the federal government and certain employers who have been found to be in violation of certain sections of the INA. Volunteer employers may have their elections apply to all hiring in all state(s) in which a pilot program is operating, or to their hiring in only one or more pilot program states or places of hiring within any such states.

Employers participating in any of the pilot programs are shielded from civil or criminal liability for actions taken in good faith reliance on information provided through the confirmation system.

Restrictions on Benefits for Aliens

Title V contains amendments to the welfare bill, the Social Security Act, and the INA which are directed at limiting aliens' access to public benefits. Proof of citizenship is required to receive public benefits and verification of immigration status is required for Social Security and higher-educational assistance. A transition period (until April 1, 1997) is established for aliens who are currently receiving food stamps.

The requirements for an affidavit of support for sponsored immigrants are tightened and that document is defined as an enforceable contract. The deeming requirements for attribution of a sponsor's income and resources are narrowed (at least 125 percent of the Federal Poverty Line). States are authorized to deem income of the sponsor for the purposes of benefits under means-tested programs, to limit assistance to aliens, and to distinguish among classes of aliens in providing general cash public assistance. Several verification and eligibility requirements are established for receipt of housing assistance or other financial assistance related to housing.

Title V provides for reimbursement to states or local governments for costs related to emergency medical treatment of illegal aliens where those entities can not obtain reimbursement from other sources.

Refugees, Parole, and Asylum

Title VI makes several changes to the asylum process which codified many existing INS regulations. In addition, Title VI amends the definition of refugee at section 101(a)(42) to provide that a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion. Additionally, a person who has a well-founded fear of being compelled to undergo such a procedure or being subject to such persecution shall be deemed to have a well-founded fear of persecution on account of political opinion. Section 207(a) of the INA is amended to provide that not more than 1,000 refugees shall be admitted or granted asylum on the basis of persecution under coercive population-control policies.

INA section 212(d)(5) is amended to provide that the Attorney General's parole authority may be exercised only on a case-by-case basis for urgent humanitarian reasons or significant public benefit. This section also requires that not later than 90 days after the end of the fiscal year, the Attorney General shall report to the Committees on the Judiciary of the House of Representatives and the Senate describing the number and categories of aliens paroled into the United States under section 212(d)(5), along with other specified information.

Section 208 of the INA is amended to provide that an alien who is physically present in, or who arrives in, the United States may apply for asylum in accordance with section 208 or, where applicable, section 235(b)(1). However, an alien may not apply for asylum if the Attorney General determines that the alien can be returned to a safe third country pursuant to a bilateral agreement, unless the Attorney General finds it in the public interest for the alien to receive asylum in the United States. An applicant for asylum must demonstrate by clear and convincing evidence that the application has been filed within one year of arriving in the United States (unless the alien can demonstrate to the satisfaction of the Attorney General that extraordinary circumstances caused the delay in filing an application prior to the deadline), and an alien is not eligible to apply for asylum if the alien has previously applied for and been denied asylum. These bars do not apply if the alien demonstrates the existence of changed circumstances which materially affect the applicant's eligibility for asylum.

A provision is included that provides for the conditional repeal of the Cuban Adjustment Act upon the establishment of democracy in Cuba.

Authorization of Appropriations, Report Requirements and Miscellaneous Provisions

In the event of a mass influx of aliens off the coast of the United States or at a land border, the Attorney General may authorize a state or local law enforcement officer, with the consent of the officer's superiors, to perform duties of immigration officers under the INA. An amendment to section 103 of the INA clarifies the authority of the Attorney General to use appropriated funds for the care and security of individuals detained by the Service through agreements with state and local governments. This provision also grants authority for the Attorney General to contract with state and local authorities for construction, renovation and acquisition of equipment in support of the detention of aliens held by the INS in state and local facilities. The bill provides for an increase in Border Patrol agents up to 1,000 per year beginning in FY 97. However, the bill also requires that these new officers, to the maximum extent practicable, be among INS sectors along the border in proportion to the level of illegal crossings of those borders measured in the preceding fiscal year.

Section 245(i) of the INA is amended to provide that an alien applying for adjustment of status under this provision shall pay a fee of $1,000, not less than $800 of which shall be paid into an Immigration Detention Account. This section also amends INA section 286 to provide for creation and operation of the Immigration Detention Account.

The Act limits claims under the legalization provisions of the Immigration Reform and Control Act of 1986, to aliens who, in fact, filed an application for legalization under that section within the prescribed time limits, or attempted to do so but their application was refused by an immigration officer.
http://www.uscis.gov/graphics/shared/ab ... act142.htm

142. Illegal Immigration Reform and Immigrant Responsibility Act of September 30, 1996 (110 Statutes-at-Large 3009)

Provisions:

Established measures to control U.S. borders, protect legal workers through worksite enforcement, and remove criminal and other deportable aliens:


Increased border personnel, equipment, and technology as well as enforcement personnel at land and air ports of entry;
Authorized improvements in barriers along the Southwest border;
Increased anti-smuggling authority and penalties for alien smuggling;
Increased penalties for illegal entry, passport and visa fraud, and failure to depart;
Increased INS investigators for worksite enforcement, alien smuggling, and visa overstayers;
Established three voluntary pilot programs to confirm the employment eligibility of workers and reduced the number and types of documents that may be presented to employers for identity and eligibility to work;
Broadly reformed exclusion and deportation procedures, including consolidation into a single removal process as well as the institution of expedited removal to speed deportation and alien exclusion through more stringent grounds of admissibility;
Increased detention space for criminal and other deportable aliens;
Instituted 3- and 10-year bars to admissibility for aliens seeking to reenter after having been unlawfully present in the United States;
Barred re-entry of individuals who renounced their U.S. citizenship in order to avoid U.S. tax obligations.


Placed added restrictions on benefits for aliens:


Provided for a pilot program on limiting issuance of driver's licenses to illegal aliens;
Declared aliens not lawfully present ineligible for Social Security benefits;
Established procedures for requiring proof of citizenship for Federal public benefits;
Established limitations on eligibility for preferential treatment of aliens not lawfully present on the basis of residence for higher education benefits;
Provided for verification of immigration status for purposes of Social Security and higher educational assistance;
Tightened the requirement for an affidavit of support for sponsored immigrants, making the affidavit a legally binding contract to provide financial support;
Provided authority of States and political subdivisions of States to limit assistance to aliens in providing general cash public assistance;
Increased maximum criminal penalties for forging or counterfeiting the seal of a Federal department or agency to facilitate benefit fraud by an unlawful alien.


Miscellaneous provisions:


Recodified existing INS regulations regarding asylum;
Provided that the Attorney General's parole authority may be exercised only on a case-by-case basis for urgent humanitarian reasons or significant public health.
Created new limits on the ability of F-1 students to attend public schools without reimbursing those institutions;
Established new mandates for educational institutions to collect information on foreign students' status and nationality and provide it to INS;
Tightened restrictions regarding foreign physicians' ability to work in the United States;
Added new consular processing provisions and revised the visa waiver program.
http://www.washtimes.com/national/20060 ... -6002r.htm
Families of illegals face faster removal
By Jerry Seper
THE WASHINGTON TIMES
May 17, 2006


U.S. Immigration and Customs Enforcement (ICE) has expanded the process known as "expedited removal" to cover illegal alien families apprehended in areas along the nation's borders.
The Department of Homeland Security opened a 500-bed facility in Williamson County, Texas, this week to house the families and meet their needs.
"By expanding expedited removal to cover illegal alien families, DHS is closing down a loophole that has been exploited by human smugglers and helping stop future illegal immigration," said Homeland Security Assistant Secretary Julie L. Myers, who heads ICE. "This new facility enables us to have deterrence with dignity by allowing families to remain together, while sending the clear message that families entering the United States illegally will be returned home."
The expedited-removal program gives Homeland Security the authority to return applicable illegal aliens to their country of origin as soon as circumstances will allow. The authority was established by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and applied initially at the nation's ports of entry.
Since September, Homeland Security has implemented the program between the ports of entry at all nine U.S. Customs and Border Protection Border Patrol sectors on the Southwest border. In January, Homeland Security expanded it along the U.S.-Canada border and all U.S. coastal areas.
Because of limited bed space, families caught at the border often were released with "notices to appear" at an immigration hearing.
Alien smugglers, aware of the practice, often exploited the loophole to create the image of a family unit by encouraging children to be brought on these dangerous journeys. In cases where families were detained, the families, including children, were detained separately.
Under the new policy, Mrs. Myers said, illegal alien families caught at the border are subject to the expedited-removal program. The new policy is part of Homeland Security's "secure border initiative," which among other things is designed to eliminate the practice of "catch and release."
Illegal alien family units who have spent no more than 14 days in the United States, are apprehended within 100 miles of the Mexico or Canada border or arrive by sea and are apprehended within 100 miles of a coastal border area are subject to the new policy.
Mrs. Myers said expedited removal disrupts human-smuggling cycles that occur along the border by substantially reducing the time from arrest to removal and by reducing opportunities for illegal aliens to reconnect with their smugglers and guides.
Assuming that officials can process families as efficiently as they do single adults, she said, the department indicated that ICE could remove 1,000 illegal aliens a month through the Williamson County facility.

The minimum fine against an employer who is caught hiring an illegal immigrant worker is only $100.00 upon first conviction. This is according to the official INS government web-site. What Congressional bills have both parties passed yet to vastly increase this amount say for example to $25,000 upon first conviction and then continuously double the amount upon each additional conviction against the employer? A third conviction would be for a third person or the same person being rehired a third time. This would help put these single day of employment temp agencies out of business quickly. Neither the Democrat Party nor the Republican Party has done this yet.

A third conviction against any employer would be equal to $100,000 a fourth conviction would be equal to $200,000 a fifth conviction would be equal to $400,000 etc.

GOV1
I would prefer "3 strikes and you're out."

Wal-Mart, a company with $285 billion in sales, gets fined a mere $11 million.
Corporations can easily beat most court systems. And the laws passed by the Congress will not take on big business, because the lobbyists make sure of that.

Additionally, there are not enough federal or state prosecutors to take on these cases and not enough $ to fight them and not enough will to hire the law enforcement and crack prosecution teams we need to do this right.

Fines arn't going to do it, these corporate honchos belong in jail.


http://www.theorator.com/bills109/hr98.html

109th CONGRESS
1st Session



H. R. 98


To amend the Immigration and Nationality Act to enforce restrictions on employment in the United States of unauthorized aliens through the use of improved Social Security cards and an Employment Eligibility Database, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

January 4, 2005
Mr. DREIER (for himself, Mr. BRADLEY of New Hampshire, Mr. SMITH of Texas, Mr. ISSA, Mr. TANCREDO, and Mr. REYES) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on the Judiciary, Homeland Security, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned



--------------------------------------------------------------------------------


A BILL
To amend the Immigration and Nationality Act to enforce restrictions on employment in the United States of unauthorized aliens through the use of improved Social Security cards and an Employment Eligibility Database, and for other purposes.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Illegal Immigration Enforcement and Social Security Protection Act of 2005'.

SEC. 2. FINDINGS.

The Congress finds the following:

(1) The Bonner Plan, as reflected in the terms of this Act, is an appropriate response to the need to improve procedures to preclude unauthorized employment of aliens and prevent the entry of terrorists into the United States.

(2) The economic disparity between the United States and other countries is a prime factor in the desire of foreign nationals to enter the United States illegally.

(3) Federal law prohibits the employment of such illegal immigrants in the United States.

(4) Nonetheless, illegal immigrants routinely find employment within the United States.

(5) Such employment of illegal immigrants undermines our system of lawful immigration and has a negative impact on job opportunities for American workers.

(6) Employers in the United States currently have difficulty establishing the veracity of the identity documents of prospective employees in order to verify their work eligibility.

(7) Pilot programs undertaken by the Federal Government demonstrate that a nationwide employment verification system is feasible.

( Social Security cards are routinely required to be presented to employers by new employees.

(9) Social Security cards remain vulnerable to counterfeiting and fraud.

(10) Social Security cards with improved defenses against fraudulent use would serve as the best vehicle by which to determine employment eligibility.

(11) The Social Security card should not become a national identification card.

SEC. 3. AMENDMENTS TO THE SOCIAL SECURITY ACT RELATING TO IDENTIFICATION OF INDIVIDUALS.

(a) Antifraud Measures for Social Security Cards- Section 205(c)(2)(G) of the Social Security Act (42 U.S.C. 405(c)(2)(G)) is amended--

(1) by inserting `(i)' after `(G)';

(2) by striking `banknote paper' and inserting `durable plastic or similar material'; and

(3) by adding at the end the following new clauses:

`(ii) Each Social Security card issued under this subparagraph shall include an encrypted machine-readable electronic identification strip which shall be unique to the individual to whom the card is issued. The Commissioner shall develop such electronic identification strip in consultation with the Secretary of Homeland Security, so as to enable employers to use such strip in accordance with section 274A(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)(1)(B)) to obtain access to the Employment Eligibility Database established by such Secretary pursuant to section 4 of such Act with respect to the individual to whom the card is issued.

`(iii) Each Social Security card issued under this subparagraph shall contain--

`(I) physical security features designed to prevent tampering, counterfeiting, or duplication of the card for fraudulent purposes; and

`(II) a disclaimer stating the following: `This card shall not be used for the purpose of identification.'.

`(iv) The Commissioner shall provide for the issuance (or reissuance) to each individual who--

`(I) has been assigned a Social Security account number under subparagraph (B),

`(II) has attained the minimum age applicable, in the jurisdiction in which such individual engages in employment, for legally engaging in such employment, and

`(III) files application for such card under this clause in such form and manner as shall be prescribed by the Commissioner,

a Social Security card which meets the preceding requirements of this subparagraph and which includes a recent digitized photograph of the individual to whom the card is issued.

`(v) The Commissioner shall maintain an ongoing effort to develop measures in relation to the Social Security card and the issuance thereof to preclude fraudulent use thereof.'.

(b) Sharing of Information With the Secretary of Homeland Security- Section 205(c)(2) of such Act is amended by adding at the end the following new subparagraph:

`(I) Upon the issuance of a Social Security account number under subparagraph (B) to any individual or the issuance of a Social Security card under subparagraph (G) to any individual, the Commissioner of Social Security shall transmit to the Secretary of Homeland Security such information received by the Commissioner in the individual's application for such number or such card as such Secretary determines necessary and appropriate for administration of the Illegal Immigration Enforcement and Social Security Protection Act of 2005. Such information shall be used solely for inclusion in the Employment Eligibility Database established pursuant to section 4 of such Act.'.

(c) Effective Dates- The amendment made by subsection (a) shall apply with respect to Social Security cards issued after 2 years after the date of the enactment of this Act. The amendment made by subsection (b) shall apply with respect to the issuance of Social Security account numbers and Social Security cards after 2 years after the date of the enactment of this Act.

SEC. 4. EMPLOYMENT ELIGIBILITY DATABASE.

(a) In General- The Secretary of Homeland Security shall establish and maintain an Employment Eligibility Database. The Database shall include data comprised of the citizenship status of individuals and the work and residency eligibility information (including expiration dates) with respect to individuals who are not citizens or nationals of the United States but are authorized to work in the United States. Such data shall include all such data maintained by the Department of Homeland Security as of the date of the establishment of such database and information obtained from the Commissioner of Social Security pursuant to section 205(c)(2)(I) of the Social Security Act. The Secretary shall maintain ongoing consultations with the Commissioner to ensure efficient and effective operation of the Database.

(b) Incorporation of Ongoing Pilot Programs- To the extent that the Secretary determines appropriate in furthering the purposes of subsection (a), the Secretary may incorporate the information, processes, and procedures employed in connection with the Citizen Attestation Verification Pilot Program and the Basic Pilot Program into the operation and maintenance of the Database under subsection (a).

(c) Confidentiality-

(1) IN GENERAL- No officer or employee of the Department of Homeland Security shall have access to any information contained in the Database for any purpose other than--

(A) the establishment of a system of records necessary for the effective administration of this Act; or

(B) any other purpose the Secretary of Homeland Security deems to be in the national security interests of the United States.

(2) RESTRICTION- The Secretary shall restrict access to such information to officers and employees of the United States whose duties or responsibilities require access for the purposes described in paragraph (1).

(3) OTHER SAFEGUARDS- The Secretary shall provide such other safeguards as the Secretary determines to be necessary or appropriate to protect the confidentiality of information contained in the Database.

(d) Deadline for Meeting Requirements- The Secretary shall complete the establishment of the Database and provide for the efficient and effective operation of the Database in accordance with this section not later than 2 years after the date of the enactment of this Act.

SEC. 5. REQUIREMENTS RELATING TO INDIVIDUALS COMMENCING WORK IN THE UNITED STATES.

(a) Requirements for Employers and Employees- Section 274A(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)(1)) is amended to read as follows:

`(1) IN GENERAL-

`(A) REQUIREMENTS FOR EMPLOYEES- No individual may commence employment with an employer in the United States unless such individual has--

`(i) obtained a Social Security card issued by the Commissioner of Social Security meeting the requirements of section 205(c)(2)(G)(iii) of the Social Security Act; and

`(ii) displayed such card to the employer pursuant to the employer's request for purposes of the verification required under subparagraph (B).

`(B) REQUIREMENTS FOR EMPLOYERS-

`(i) IN GENERAL- No employer may hire for employment an individual in the United States in any capacity unless such employer verifies under this subparagraph that such individual has in his or her possession a Social Security card issued to such individual pursuant to section 205(c)(2)(G) of the Social Security Act which bears a photograph of such individual and that such individual is authorized to work in the United States in such capacity. Such verification shall be made in accordance with procedures prescribed by the Secretary of Homeland Security for the purposes of ensuring against fraudulent use of the card and accurate and prompt verification of the authorization of such individual to work in the United States in such capacity.

`(ii) VERIFICATION PROCEDURES- Such procedures shall include use of--

`(I) a phone verification system which shall be established by the Secretary; or

`(II) a card-reader verification system employing a device approved by the Secretary as capable of reading the electronic identification strip borne by the card so as to verify the identity of the card holder and the card holder's authorization to work, and which is made available at minimal cost to the employer.

`(iii) SECURITY AND EFFECTIVENESS- The Secretary shall ensure that the phone verification system described in subparagraph (I) of clause (ii) is as secure and effective as the card-reader verification system described in subparagraph (II) of such clause.

`(iv) ACCESS TO DATABASE- The Secretary shall ensure that, by means of such procedures, the employer will have such access to the Employment Eligibility Database established and operated by the Secretary pursuant to section 4 of the Illegal Immigration Enforcement and Social Security Protection Act of 2005 as to enable the employer to obtain information, relating to the citizenship, residency, and work eligibility of the individual seeking employment by the employer in any capacity, which is necessary to inform the employer as to whether the individual is authorized to work for the employer in the United States in such capacity.

`(v) DEFENSE- An employer who establishes that the employer complied in good faith with the requirements of this subparagraph shall not be liable for hiring an unauthorized alien, if--

`(I) such hiring occurred due to an error in the phone verification system, the card-reader verification system, or the Employment Eligibility Database which was unknown to the employer at the time of such hiring; and

`(II) the employer terminates that employment of the alien upon being informed of the error.'.

(b) Conforming Amendments- Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended--

(1) in subsection (a), by striking paragraphs (3), (5), and (6) and redesignating paragraphs (4) and (7) as paragraphs (3) and (4), respectively;

(2) in subsection (b)--

(A) by striking `Attorney General' each place such term appears and inserting `Secretary of Homeland Security';

(B) by amending the matter preceding paragraph (2) to read as follows:

`(b) Employment Verification Forms-

`(1) EMPLOYER ATTESTATION OF COMPLIANCE- The verification procedures prescribed under subsection (a)(1)(B) shall include an attestation, made under penalty of perjury and on a form designated or established by the Secretary of Homeland Security by regulation, that the employer has complied with such procedures.'; and

(C) by striking paragraph (6);

(3) by striking subsection (d); and

(4) by amending subsection (h)(3) to read as follows:

`(3) DEFINITIONS- For purposed of this section:

`(A) The term `authorized to work in the United States', when applied to an individual, means that the individual is not an unauthorized alien.

`(B) The term `employer' means--

`(i) any person or entity who hires an individual; or

`(ii) any individual earning self-employment income (as defined in section 211(b) of the Social Security Act (42 U.S.C. 411(b))).

`(C) The term `employee' shall have the meaning given such term in section 210(j) of the Social Security Act (42 U.S.C. 410(j)).

`(D) The term `hire' means to hire an individual, or to recruit or refer for a fee an individual, for employment in the United States.

`(E) 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--

`(i) an alien lawfully admitted for permanent residence; or

`(ii) authorized to be so employed by this Act or by the Secretary of Homeland Security.'.

(c) Effective Date- The amendments made by this section shall take effect 2 years after the date of the enactment of this Act and shall apply to employment of any individual in any capacity commencing on or after such effective date.

SEC. 6. COMPLIANCE.

(a) In General- Section 274A(e) of the Immigration and Nationality Act (8 U.S.C. 1324a(e)) is amended to read as follows:

`(e) Compliance-

`(1) CIVIL PENALTY-

`(A) IN GENERAL- The Secretary of Homeland Security may assess a penalty, payable to the Secretary, against any employer who--

`(i) hires an individual for employment in the United States in any capacity who is known by the employer not to be authorized to work in the United States in such capacity; or

`(ii) fails to comply with the procedures prescribed by the Secretary pursuant to this section in connection with the employment of any individual.

`(B) AMOUNT- Such penalty shall not exceed $50,000 for each occurrence of a violation described in subparagraph (A) with respect to the individual, plus, in the event of the removal of such individual from the United States based on findings developed in connection with the assessment or collection of such penalty, the costs incurred by the Federal Government, cooperating State and local governments, and State and local law enforcement agencies, in connection with such removal.

`(2) ACTIONS BY SECRETARY- If any person is assessed under paragraph (1) and fails to pay the assessment when due, or any person otherwise fails to meet any requirement of this section, the Secretary may bring a civil action in any district court of the United States within the jurisdiction of which such person's assets are located or in which such person resides or is found for the recovery of the amount of the assessment or for appropriate equitable relief to redress the violation or enforce the provisions of this section, and process may be served in any other district. The district courts of the United States shall have jurisdiction over actions brought under this section by the Secretary without regard to the amount in controversy.

`(3) CRIMINAL PENALTY- Any person who--

`(A) hires for employment any individual in the United States in any capacity who such person knows not to be authorized to work in the United States in such capacity; or

`(B) hires for employment any individual in the United States and fails to comply with the procedures prescribed by the Secretary pursuant to section 5(b) in connection with the hiring of such individual;

shall upon conviction be fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both.'.

(b) Conforming Amendments- Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended--

(1) in subsection (g)(2), by striking `hearing under subsection (e),' and inserting `hearing,';

(2) by striking subsection (f); and

(3) by redesignating subsections (e), (g), and (h) as subsections (d), (e), and (f), respectively.

(c) Effective Date- The amendments made by this section shall take effect 2 years after the date of the enactment of this Act and shall apply to employment of any individual in any capacity commencing on or after such effective date.

SEC. 7. GRANTS FOR TECHNOLOGIES TO COMBAT ILLEGAL BORDER CROSSINGS.

(a) In General- The Secretary of Homeland Security is authorized to make grants for the purpose of improving and developing new technologies to combat illegal border crossings into the United States.

(b) Authorization of Appropriations- There are authorized to be appropriated to carry out subsection (a) $10,000,000 for each of fiscal years 2006 through 2010.

SEC. 8. INCREASE IN PERSONNEL ENSURING COMPLIANCE WITH PROHIBITIONS ON UNLAWFUL EMPLOYMENT OF ALIENS .

Beginning in fiscal year 2005, the Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase by not less than 10,000 the number of positions within the Department of Homeland Security for full-time personnel charged with carrying out section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as amended by section 6 of this Act, above the number of such positions for which funds were made available for fiscal year 2004.

SEC. 9. INTEGRATION OF FINGERPRINTING DATABASES.

The Secretary of Homeland Security and the Attorney General of the United States shall jointly undertake to integrate the fingerprint database maintained by the Department of Homeland Security with the fingerprint database maintained by the Federal Bureau of Investigation. The integration of databases pursuant to this section shall be completed not later than 2 years after the date of the enactment of this Act.

SEC. 10. AUTHORIZATIONS OF APPROPRIATIONS.

(a) Department of Homeland Security- Except as otherwise provided in this Act, there are authorized to be appropriated to the Department of Homeland Security for each fiscal year beginning on or after October 1, 2005, such sums as may be necessary to carry out this Act and the amendments made by this Act, of which not less than $100,000,000 shall be for the purpose of carrying out section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as amended by section 6 of this Act.

(b) Social Security Administration- There are authorized to be appropriated to the Social Security Administration for each fiscal year beginning on or after October 1, 2005, such sums as are necessary to carry out the amendments made by section 3.

SEC. 11. RULES OF CONSTRUCTION.

(a) In General- Nothing in this Act shall be construed--

(1) to require the presentation of a Social Security card for any purpose other than--

(A) for the administration and enforcement of the Social Security laws of the United States; or

(B) for the purpose of implementing and enforcing this Act and the amendments made by this Act; or

(2) to require the Social Security card to be carried by an individual.

(b) No National Identification Card- It is the policy of the United States that the Social Security card shall not be used as a national identification card.