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White House Draft Proposal for Worksite Enforcement

White House Draft Proposal for Worksite Enforcement

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Published by Bjustb Loewe

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Published by: Bjustb Loewe on Feb 19, 2013
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02/19/2013

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For Discussion Purposes Only – Do Not Distribute112345678910111213141516171819202122232425
 Table of Contents
2627
SUBTITLE X EMPLOYMENT VERIFICATION SYSTEM
WORKSITE ENFORCEMENT
28
SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS.
29(a) Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is30amended to read as follows:31
 
For Discussion Purposes Only – Do Not Distribute2“(a) MAKING EMPLOYMENT OF UNAUTHORIZED ALIENS1UNLAWFUL.—2“(1) IN GENERAL.—It is unlawful for an employer—3“(A) to hire an alien for employment in the United States4knowing that the alien is an unauthorized alien (as defined in5subsection (b)(1)) with respect to such employment; or6“(B) to hire for employment in the United States an7individual without complying with the requirements of subsections8(c) and (d).9“(2) CONTINUING EMPLOYMENT.—It is unlawful for an10employer, after hiring an alien for employment, to continue to employ the11alien in the United States knowing that the alien is (or has become) an12unauthorized alien with respect to such employment. Nothing in this13section shall prohibit employment of an authorized employee who was14previously unauthorized or permit an employer to refuse to employ an15authorized employee based solely on the employees previous16unauthorized status.17“(3) USE OF LABOR THROUGH CONTRACT.—For purposes18of this section, any employer who uses a contract, subcontract, or19exchange to obtain the labor of an alien in the United States knowing that20the alien is an unauthorized alien (as defined in subsection (b)(1)) with21respect to performing such labor, shall be considered to have hired the22alien for employment in the United States in violation of subparagraph23(a)(1)(A).24“(A) For purposes of ensuring compliance with the25immigration laws, the Secretary may require by regulation that a26person or entity include in a written contract or subcontract an27effective and enforceable requirement that the contractor or28
 
For Discussion Purposes Only – Do Not Distribute3subcontractor adhere to the immigration laws, including the use of 1the System2“(B) The Secretary may establish procedures by which a3person or entity may obtain confirmation from the Secretary that4the contractor or subcontractor has registered with the System and5is utilizing the System to verify its employees.6“(C) The Secretary may establish such other requirements7for persons or entities using contractors or subcontractors,8including procedures adapted to different employment sectors, as9the Secretary deems necessary to prevent violations of this10paragraph.11“(4) USE OF STATE EMPLOYMENT AGENCY12DOCUMENTATION.For purposes of paragraphs (1)(B) and (5), an13employer shall be deemed to have complied with the requirements of 14subsection (c) of this section with respect to the hiring of an individual15who was referred for such employment by a State employment agency (as16defined by the Secretary) if the employer has and retains (for the period17and in the manner described in subsection (c)(3) of this section)18appropriate documentation of such referral by that agency, which19documentation certifies that the agency has complied with the procedures20specified in subsection (c), with respect to the individuals referral. An21employer that relies on a State agency’s verification of compliance with22subsection (c) under this paragraph may also utilize and retain the State23agency’s certification of compliance with the procedures described in24subsection (d) of this section, if any, in the manner provided by this25paragraph.26“(5) DEFENSE.—An employer that establishes that it has27complied in good faith with the requirements of subsections (c)(1) through28(c)(4), pertaining to document verification requirements, and subsection29

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