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(a) In general
The Secretary of Homeland Security shall take such actions as may be necessary (including the removal of obstacles to detection of illegal entrants) to design, test, construct, install, deploy, integrate, and operate physical barriers, tactical infrastructure, and technology in the vicinity of the United States border to achieve situational awareness and operational advantage of the border and deter, impede, and detect illegal activity in high traffic areas.
(B) Physical barriers and tactical infrastructure
The Secretary, in carrying out this section, shall deploy along the United States border the most practical and effective physical barriers and tactical infrastructure available for achieving situational awareness and operational advantage of the border.
(i) In general
In carrying out this section, the Secretary shall consult with appropriate Federal agency partners, appropriate representatives of Federal, State, Tribal, and local governments, and appropriate private property owners in the United States to minimize the impact on the environment, culture, commerce, and quality of life for the communities and residents located near the sites at which such physical barriers are to be constructed.
(II) delay the transfer to the United States of the possession of property or affect the validity of any property acquisition by the United States by purchase or eminent domain, or to otherwise affect the eminent domain laws of the United States or of any State; or
(III) create any right or liability for any party.
(3) Agent safety
In carrying out this section, the Secretary of Homeland Security, when designing, constructing, and deploying physical barriers, tactical infrastructure, or technology, shall incorporate such safety features into such design, construction, or deployment of such physical barriers, tactical infrastructure, or technology, as the case may be, that the Secretary determines are necessary to maximize the safety and effectiveness of officers or agents of the Department of Homeland Security or of any other Federal agency deployed in the vicinity of such physical barriers, tactical infrastructure, or technology.
(1) In general
Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all legal requirements the Secretary determines necessary to ensure the expeditious design, testing, construction, installation, deployment, and integration of the physical barriers, tactical infrastructure, and technology under this section. Such waiver authority shall also apply with respect to any maintenance carried out on such physical barriers, tactical infrastructure, or technology. Any such decision by the Secretary shall be effective upon publication in the Federal Register.
(2) Notification
Not later than 7 days after the date on which the Secretary of Homeland Security exercises the waiver authority under paragraph (1), the Secretary shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate of such waiver.
(e) Technology
The Secretary of Homeland Security, in carrying out this section, shall deploy along the United States border the most practical and effective technology available for achieving situational awareness and operational advantage of the border.(f) Prioritization
The Secretary of Homeland Security, in carrying out this section, should prioritize deploying technology along the United States border.(g) Definitions
In this section:(1) Advanced unattended surveillance sensors
The term advanced unattended surveillance sensors means sensors that utilize an onboard computer to analyze detections in an effort to discern between vehicles, humans, and animals, and ultimately filter false positives prior to transmission.(2) High traffic areas
The term high traffic areas means areas in the vicinity of the United States border that—(A) are within the responsibility of U.S. Customs and Border Protection; and(B) have significant unlawful cross-border activity, as determined by the Secretary of Homeland Security.(3) Operational advantage
The term operational advantage has the meaning given such term in the 2022–2026 U.S. Border Patrol Strategy (CBP Publication No. 1678–0222).(4) Physical barriers
The term physical barriers includes reinforced fencing, border barrier system, and levees.(5) Situational awareness
The term situational awareness has the meaning given such term in section 1092(a)(7) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 6 U.S.C. 223(a)(7)).(6) Tactical infrastructure
The term tactical infrastructure includes boat ramps, access gates, checkpoints, lighting, and roads.(7) Technology
The term technology includes border surveillance and detection technology, including the following:(A) Tower-based surveillance technology, including autonomous technologies.(B) Deployable, lighter-than-air ground surveillance equipment.(C) Vehicle and Dismount Exploitation Radars (VADER).(D) 3-dimensional, seismic acoustic detection and ranging border tunneling detection technology.(E) Advanced unattended surveillance sensors.(F) Mobile vehicle-mounted and man-portable surveillance capabilities.(G) Unmanned aircraft systems.(H) Other border detection, communication, and surveillance technology.(8) Unmanned aircraft system
The term unmanned aircraft system has the meaning given such term in section 44801 of title 49, United States Code.
(l) Training and continuing education
(1) Mandatory training
The Commissioner shall ensure that every agent and officer of U.S. Customs and Border Protection receives a minimum of 21 weeks of training that are directly related to the mission of the U.S. Border Patrol, Air and Marine, and the Office of Field Operations before the initial assignment of such agents and officers.(2) FLETC
The Commissioner shall work in consultation with the Director of the Federal Law Enforcement Training Centers to establish guidelines and curriculum for the training of agents and officers of U.S. Customs and Border Protection under subsection (a).(3) Continuing education
The Commissioner shall annually require all agents and officers of U.S. Customs and Border Protection who are required to undergo training under subsection (a) to participate in not fewer than eight hours of continuing education annually to maintain and update understanding of Federal legal rulings, court decisions, and Department policies, procedures, and guidelines related to relevant subject matters.(4) Leadership training
Not later than one year after the date of the enactment of this subsection, the Commissioner shall develop and require training courses geared towards the development of leadership skills for mid- and senior-level career employees not later than one year after such employees assume duties in supervisory roles.
(1) Except as otherwise provided, an officer or an agent of the U.S. Immigration and Customs Enforcement or the U.S. Customs and Border Protection may not take an immigration enforcement action in or near a protected area.(2) Paragraph (1) does not apply—(A) whenever prior approval has been obtained; or(B) under exigent circumstances (including, but not limited to, an immigration enforcement action that involves a national security threat, the hot pursuit of an individual who poses a public safety threat, or the hot pursuit of an individual who was observed crossing the border; that involves the imminent risk of death, violence, or physical harm to a person or the imminent risk that evidence material to a criminal case will be destroyed; or where a safe alternative location does not exist).(3) When taking an immigration enforcement action in or near a protected area, an officer or an agent of U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection shall, to the fullest extent possible—(A) take the immigration enforcement action in a non-public area or in a manner that minimizes the effect on another person who is accessing the protected area;(B) limit the time spent in or near the protected area; and(C) limit the immigration enforcement action to the person who is the subject of such enforcement action.(4) If an immigration enforcement action is taken due to exigent circumstances, the officer or agent shall inform the Director of U.S. Immigration and Customs Enforcement (or the Director’s designee) or the Commissioner of U.S. Customs and Border Protection (or the Commissioner’s designee) as the case may be, as soon as practical thereafter.(5) In this subsection:(A) The term immigration enforcement action means an arrest, search, service of a subpoena or a notice to appear in immigration court, or other immigration enforcement action.(B) The term prior approval means—(i) in the case of an immigration enforcement action that an officer or an agent of U.S. Immigration and Customs Enforcement will take, prior written approval from the Director (or the Director’s designee); and(ii) in the case of an immigration enforcement action that an officer or an agent of U.S. Customs and Border Protection will take, prior written approval from the Commissioner (or the Commissioner’s designee).(C) The term protected area includes a structure or a place that provides essential services or at which a person would engage in an essential activity, including—(i) any school;(ii) any hospital, medical facility, mental health facility, or other health care facility;(iii) any place of worship or religious study, whether in a structure dedicated to activities of faith or a temporary facility or location where such activities are taking place;(iv) any structure or place, the purpose of which is for children to gather;(v) any structure or place, the purpose of which is to provide social services;(vi) any structure or place, the purpose of which is to provide disaster or emergency assistance or emergency relief;(vii) a place where a funeral, graveside ceremony, rosary, wedding, or other religious or civil ceremonies or observances occur;(viii) a place where there is an ongoing parade, demonstration, or rally; or(ix) any courthouse.(6) For the purposes of this subsection, the Secretary of Homeland Security shall promulgate guidance, in the exercise of their discretion, on the physical distance that constitutes in or near a protected area.(i)
9512. Immigration infrastructure and debt reduction fund
(a) Creation of trust fund
There is hereby established in the Treasury of the United States a trust fund to be known as the Immigration Infrastructure and Debt Reduction Fund, consisting of such amounts as may be appropriated or credited to such Fund as provided in this section or section 9602(b).(b) Transfer to trust fund of amounts equivalent to certain taxes
There are hereby appropriated to the Immigration Infrastructure and Debt Reduction Fund amounts equivalent to the taxes received in the Treasury under section 2304 of division B of the Dignity for Immigrants while Guarding our Nation to Ignite and Deliver the American Dream Act paid or incurred by taxpayers who are aliens and participants in the Dignity Program under title III of division B of the Dignity for Immigrants while Guarding our Nation to Ignite and Deliver the American Dream Act.(c) Expenditures from trust fund
Amounts in the Immigration Infrastructure and Debt Reduction Fund shall be available to carry out the Dignity for Immigrants while Guarding our Nation to Ignite and Deliver the American Dream Act and the amendments made by such Act.(d) Additional expenditures from trust fund
After such expenditures in this Act are completed, the remaining amounts from the Immigration Infrastructure and Debt Reduction fund shall be returned to the Treasury to pay down the national debt.(e) Premium processing fee deposits
Fifty percent of the Premium Processing fee collected under section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)), as amended by section 3201 of the DIGNIDAD Act of 2025, shall be deposited into the Immigration Examinations Fee Account (IEFA) of the Treasury to fund the costs of processing immigration benefit requests.(f) Premium processing fee contributions
An employer or private entity may contribute a partial or full amount of the Premium Processing fee collected under section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)), as amended by section 3201 of the DIGNIDAD Act of 2025.
(f) Any person who knowingly transmits, by any means, to another person the location, movement, or activities of any officer or agent of a Federal, State, local, or tribal law enforcement agency with the intent to aid and abet a criminal offense under the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act), the Controlled Substances Act, or the Controlled Substances Import and Export Act, or that relates to agriculture or monetary instruments shall be fined under this title or imprisoned not more than 10 years, or both.
(5) 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 that person, at the time of the offense, used or carried a firearm or who, in furtherance of any such crime, possessed a firearm.
276. Reentry of removed alien
(a) Reentry after removal
(1) In general
Any alien who has been denied admission, excluded, deported, or removed, or who has departed the United States while an order of exclusion, deportation, or removal is outstanding, and subsequently enters, crosses the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both.(2) Exception
If an alien sought and received the express consent of the Secretary to reapply for admission into the United States, or, with respect to an alien previously denied admission and removed, the alien was not required to obtain such advance consent under the Immigration and Nationality Act or any prior Act, the alien shall not be subject to the fine and imprisonment provided for in paragraph (1).(b) Reentry of criminal offenders
Notwithstanding the penalty provided in subsection (a), if an alien described in that subsection was convicted before such removal or departure—(1) for 3 or more misdemeanors or for a felony, the alien shall be fined under title 18, United States Code, imprisoned not more than 15 years, or both;(2) for a felony for which the alien was sentenced to a term of imprisonment of not less than 30 months, the alien shall be fined under such title, imprisoned not more than 20 years, or both;(3) for a felony for which the alien was sentenced to a term of imprisonment of not less than 60 months, the alien shall be fined under such title, imprisoned not more than 25 years, or both; or(4) for murder, rape, kidnapping, or a felony offense described in chapter 77 (relating to peonage and slavery) or 113B (relating to terrorism) of such title, or for 3 or more felonies of any kind, the alien shall be fined under such title, imprisoned not more than 30 years, or both.(c) Reentry after repeated removal
Any alien who has been denied admission, excluded, deported, or removed 3 or more times and thereafter enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, imprisoned not more than 20 years, or both.(d) Proof of prior convictions
The prior convictions described in subsection (b) are elements of the crimes described, and the penalties in that subsection shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are—(1) alleged in the indictment or information; and(2) proven beyond a reasonable doubt at trial or admitted by the defendant.(e) Reentry of alien removed prior to completion of term of imprisonment
Any alien removed pursuant to section 241(a)(4) who enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in, the United States shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release unless the alien affirmatively demonstrates that the Secretary of Homeland Security has expressly consented to the alien’s reentry. Such alien shall be subject to such other penalties relating to the reentry of removed aliens as may be available under this section or any other provision of law.(f) Definitions
For purposes of this section and section 275, the following definitions shall apply:(1) Crosses the border to the united states
The term crosses the border refers to the physical act of crossing the border free from official restraint.(2) Official restraint
The term official restraint means any restraint known to the alien that serves to deprive the alien of liberty and prevents the alien from going at large into the United States. Surveillance unbeknownst to the alien shall not constitute official restraint.(3) Felony
The term felony means any criminal offense punishable by a term of imprisonment of more than 1 year under the laws of the United States, any State, or a foreign government.(4) Misdemeanor
The term misdemeanor means any criminal offense punishable by a term of imprisonment of not more than 1 year under the applicable laws of the United States, any State, or a foreign government.(5) Removal
The term removal includes any denial of admission, exclusion, deportation, or removal, or any agreement by which an alien stipulates or agrees to exclusion, deportation, or removal.(6) State
The term State means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(b) Employment eligibility verification process
(1) New hires, recruitment, and referral
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 following:(A) Attestation after examination of documentation
(i) Attestation
During the verification period (as defined in subparagraph (E)), the person or entity shall attest, under penalty of perjury and on a form, including electronic and telephonic formats, designated or established by the Secretary by regulation not later than 6 months after the date of the enactment of the Legal Workforce Act, that it has verified that the individual is not an unauthorized alien by—(I) obtaining from the individual the individual’s social security account number or United States passport number and recording the number on the form (if the individual claims to have been issued such a number), and, if the individual does not attest to United States nationality under subparagraph (B), obtaining such identification or authorization number established by the Department of Homeland Security for the alien as the Secretary of Homeland Security may specify, and recording such number on the form; and(II) examining—(aa) a document relating to the individual presenting it described in clause (ii); or(bb) a document relating to the individual presenting it described in clause (iii) and a document relating to the individual presenting it described in clause (iv).(ii) Documents evidencing employment authorization and establishing identity
A document described in this subparagraph is an individual’s—(I) unexpired United States passport or passport card;(II) unexpired permanent resident card that contains a photograph;(III) unexpired employment authorization card that contains a photograph;(IV) in the case of a nonimmigrant alien authorized to work for a specific employer incident to status, a foreign passport with Form I–94 or Form I–94A, or other documentation as designated by the Secretary specifying the alien’s nonimmigrant status as long as the period of status has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified in the documentation;(V) passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I–94 or Form I–94A, or other documentation as designated by the Secretary, indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI; or(VI) other document designated by the Secretary of Homeland Security, if the document—(aa) contains a photograph of the individual and biometric identification data from the individual and such other personal identifying information relating to the individual as the Secretary of Homeland Security finds, by regulation, sufficient for purposes of this clause;(bb) is evidence of authorization of employment in the United States; and(cc) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use.(iii) Documents evidencing employment authorization
A document described in this subparagraph is an individual's 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).(iv) Documents establishing identity of individual
A document described in this subparagraph is—(I) an individual's unexpired State-issued driver’s license or identification card if it contains a photograph and information such as name, date of birth, gender, height, eye color, and address;(II) an individual's unexpired U.S. military identification card;(III) an individual's unexpired Native American tribal identification document issued by a tribal entity recognized by the Bureau of Indian Affairs; or(IV) in the case of an individual under 18 years of age, a parent or legal guardian’s attestation under penalty of law as to the identity and age of the individual.(v) Authority to prohibit use of certain documents
If the Secretary of Homeland Security finds, by regulation, that any document described in clause (i), (ii), or (iii) as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree, the Secretary may prohibit or place conditions on its use for purposes of this paragraph.(vi) Signature
Such attestation may be manifested by either a handwritten or electronic signature.(B) Individual attestation of employment authorization
During the verification period (as defined in subparagraph (E)), the individual shall attest, under penalty of perjury on the form designated or established for purposes of subparagraph (A), 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 Secretary of Homeland Security to be hired, recruited, or referred for such employment. Such attestation may be manifested by either a handwritten or electronic signature. The individual shall also provide that individual’s social security account number or United States passport number (if the individual claims to have been issued such a number), and, if the individual does not attest to United States nationality under this subparagraph, such identification or authorization number established by the Department of Homeland Security for the alien as the Secretary may specify.(C) Retention of verification form and verification
(i) In general
After completion of such form in accordance with subparagraphs (A) and (B), the person or entity shall—(I) retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspection by officers of the Department of Homeland Security, the Department of Justice, or the Department of Labor during a period beginning on the date of the recruiting or referral of the individual, or, in the case of the hiring of an individual, the date on which the verification is completed, and ending—(aa) in the case of the recruiting or referral of an individual, 3 years after the date of the recruiting or referral; and(bb) in the case of the hiring of an individual, the later of 3 years after the date the verification is completed or one year after the date the individual’s employment is terminated; and(II) during the verification period (as defined in subparagraph (E)), make an inquiry, as provided in subsection (d), using the verification system to seek verification of the identity and employment eligibility of an individual.(ii) Confirmation
(I) Confirmation received
If the person or other entity receives an appropriate confirmation of an individual’s identity and work eligibility under the verification system within the time period specified, the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a final confirmation of such identity and work eligibility of the individual.(II) Tentative nonconfirmation received
If the person or other entity receives a tentative nonconfirmation of an individual’s identity or work eligibility under the verification system within the time period specified, the person or entity shall so inform the individual for whom the verification is sought. If the individual does not contest the nonconfirmation within the time period specified, the nonconfirmation shall be considered final. The person or entity shall then record on the form an appropriate code which has been provided under the system to indicate a final nonconfirmation. If the individual does contest the nonconfirmation, the individual shall utilize the process for secondary verification provided under subsection (d). The nonconfirmation will remain tentative until a final confirmation or nonconfirmation is provided by the verification system within the time period specified. In no case shall an employer terminate employment of an individual because of a failure of the individual to have identity and work eligibility confirmed under this section until a nonconfirmation becomes final. Nothing in this clause shall apply to a termination of employment for any reason other than because of such a failure. In no case shall an employer rescind the offer of employment to an individual because of a failure of the individual to have identity and work eligibility confirmed under this subsection until a nonconfirmation becomes final. Nothing in this subclause shall apply to a recission of the offer of employment for any reason other than because of such a failure.(III) Final confirmation or nonconfirmation received
If a final confirmation or nonconfirmation is provided by the verification system regarding an individual, the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a confirmation or nonconfirmation of identity and work eligibility of the individual.(IV) Extension of time
If the person or other entity in good faith attempts to make an inquiry during the time period specified and the verification system has registered that not all inquiries were received during such time, the person or entity may make an inquiry in the first subsequent working day in which the verification system registers that it has received all inquiries. If the verification system cannot receive inquiries at all times during a day, the person or entity merely has to assert that the entity attempted to make the inquiry on that day for the previous sentence to apply to such an inquiry, and does not have to provide any additional proof concerning such inquiry.(V) Consequences of nonconfirmation
(aa) Termination or notification of continued employment
If the person or other entity has received a final nonconfirmation regarding an individual, the person or entity may terminate employment of the individual (or decline to recruit or refer the individual). If the person or entity does not terminate employment of the individual or proceeds to recruit or refer the individual, the person or entity shall notify the Secretary of Homeland Security of such fact through the verification system or in such other manner as the Secretary may specify.(bb) Failure to notify
If the person or entity fails to provide notice with respect to an individual as required under item (aa), the failure is deemed to constitute a violation of subsection (a)(1)(A) with respect to that individual.(VI) Continued employment after final nonconfirmation
If the person or other entity continues to employ (or to recruit or refer) an individual after receiving final nonconfirmation, a rebuttable presumption is created that the person or entity has violated subsection (a)(1)(A).(D) Effective dates of new procedures
(i) Hiring
Except as provided in clause (iii), the provisions of this paragraph shall apply to a person or other entity hiring an individual for employment in the United States as follows:(I) With respect to employers having 10,000 or more employees in the United States on the date of the enactment of the Legal Workforce Act, on the date that is 6 months after the date of the enactment of such Act.(II) With respect to employers having 500 or more employees in the United States, but less than 10,000 employees in the United States, on the date of the enactment of the Legal Workforce Act, on the date that is 12 months after the date of the enactment of such Act.(III) With respect to employers having 20 or more employees in the United States, but less than 500 employees in the United States, on the date of the enactment of the Legal Workforce Act, on the date that is 18 months after the date of the enactment of such Act.(IV) With respect to employers having one or more employees in the United States, but less than 20 employees in the United States, on the date of the enactment of the Legal Workforce Act, on the date that is 24 months after the date of the enactment of such Act.(ii) Recruiting and referring
Except as provided in clause (iii), the provisions of this paragraph shall apply to a person or other entity recruiting or referring an individual for employment in the United States on the date that is 12 months after the date of the enactment of the Legal Workforce Act.(iii) Agricultural labor or services
With respect to an employee performing agricultural labor or services, this paragraph shall not apply with respect to the verification of the employee until the date that is 30 months after the date of the enactment of the Legal Workforce Act. For purposes of the preceding sentence, the term agricultural labor or services has the meaning given such term by the Secretary of Agriculture in regulations and includes agricultural labor as defined in section 3121(g) of the Internal Revenue Code of 1986, agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state, all activities required for the preparation, processing or manufacturing of a product of agriculture (as such term is defined in such section 3(f)) for further distribution, and activities similar to all the foregoing as they relate to fish or shellfish facilities. An employee described in this clause shall not be counted for purposes of clause (i).(iv) Extensions
Upon request by an employer having 50 or fewer employees, the Secretary shall allow a one-time 6-month extension of the effective date set out in this subparagraph applicable to such employer. Such request shall be made to the Secretary and shall be made prior to such effective date.(v) Transition rule
Subject to paragraph (4), the following shall apply to a person or other entity hiring, recruiting, or referring an individual for employment in the United States until the effective date or dates applicable under clauses (i) through (iii):(I) This subsection, as in effect before the enactment of the Legal Workforce Act.(II) Subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as in effect before the effective date in section 6107(c) of the Legal Workforce Act.(III) Any other provision of Federal law requiring the person or entity to participate in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as in effect before the effective date in section 6107(c) of the Legal Workforce Act, including Executive Order 13465 (8 U.S.C. 1324a note; relating to Government procurement).(E) Verification period defined
(i) In general
For purposes of this paragraph:(I) In the case of recruitment or referral, the term verification period means the period ending on the date recruiting or referring commences.(II) In the case of hiring, the term verification period means the period beginning on the date on which an offer of employment is extended and ending on the date that is three business days after the date of hire, except as provided in clause (iii). The offer of employment may be conditioned in accordance with clause (ii).(ii) Job offer may be conditional
A person or other entity may offer a prospective employee an employment position that is conditioned on final verification of the identity and employment eligibility of the employee using the procedures established under this paragraph.(iii) Special rule
Notwithstanding clause (i)(II), in the case of an alien who is authorized for employment and who provides evidence from the Social Security Administration that the alien has applied for a social security account number, the verification period ends three business days after the alien receives the social security account number.(2) Reverification for individuals with limited work authorization
(A) In general
Except as provided in subparagraph (B), a person or entity shall make an inquiry, as provided in subsection (d), using the verification system to seek reverification of the identity and employment eligibility of all individuals with a limited period of work authorization employed by the person or entity during the three business days after the date on which the employee's work authorization expires as follows:(i) With respect to employers having 10,000 or more employees in the United States on the date of the enactment of the Legal Workforce Act, beginning on the date that is 6 months after the date of the enactment of such Act.(ii) With respect to employers having 500 or more employees in the United States, but less than 10,000 employees in the United States, on the date of the enactment of the Legal Workforce Act, beginning on the date that is 12 months after the date of the enactment of such Act.(iii) With respect to employers having 20 or more employees in the United States, but less than 500 employees in the United States, on the date of the enactment of the Legal Workforce Act, beginning on the date that is 18 months after the date of the enactment of such Act.(iv) With respect to employers having one or more employees in the United States, but less than 20 employees in the United States, on the date of the enactment of the Legal Workforce Act, beginning on the date that is 24 months after the date of the enactment of such Act.(B) Agricultural labor or services
With respect to an employee performing agricultural labor or services, or an employee recruited or referred by a farm labor contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801)), subparagraph (A) shall not apply with respect to the reverification of the employee until the date that is 30 months after the date of the enactment of the Legal Workforce Act. For purposes of the preceding sentence, the term agricultural labor or services has the meaning given such term by the Secretary of Agriculture in regulations and includes agricultural labor as defined in section 3121(g) of the Internal Revenue Code of 1986, agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state, all activities required for the preparation, processing, or manufacturing of a product of agriculture (as such term is defined in such section 3(f)) for further distribution, and activities similar to all the foregoing as they relate to fish or shellfish facilities. An employee described in this subparagraph shall not be counted for purposes of subparagraph (A).(C) Reverification
Paragraph (1)(C)(ii) shall apply to reverifications pursuant to this paragraph on the same basis as it applies to verifications pursuant to paragraph (1), except that employers shall—(i) use a form designated or established by the Secretary by regulation for purposes of this paragraph; and(ii) retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspection by officers of the Department of Homeland Security, the Department of Justice, or the Department of Labor during the period beginning on the date the reverification commences and ending on the date that is the later of 3 years after the date of such reverification or 1 year after the date the individual’s employment is terminated.(3) Previously hired individuals
(A) On a mandatory basis for certain employees
(i) In general
Not later than the date that is 6 months after the date of the enactment of the Legal Workforce Act, an employer shall make an inquiry, as provided in subsection (d), using the verification system to seek verification of the identity and employment eligibility of any individual described in clause (ii) employed by the employer whose employment eligibility has not been verified under the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).(ii) Individuals described
An individual described in this clause is any of the following:(I) An employee of any unit of a Federal, State, or local government.(II) An employee who requires a Federal security clearance working in a Federal, State, or local government building, a military base, a nuclear energy site, a weapons site, or an airport or other facility that requires workers to carry a Transportation Worker Identification Credential (TWIC).(III) An employee assigned to perform work in the United States under a Federal contract, except that this subclause—(aa) is not applicable to individuals who have a clearance under Homeland Security Presidential Directive 12 (HSPD 12 clearance), are administrative or overhead personnel, or are working solely on contracts that provide Commercial Off The Shelf goods or services as set forth by the Federal Acquisition Regulatory Council, unless they are subject to verification under subclause (II); and(bb) only applies to contracts over the simple acquisition threshold as defined in section 2.101 of title 48, Code of Federal Regulations.(B) On a mandatory basis for multiple users of same social security account number
In the case of an employer who is required by this subsection to use the verification system described in subsection (d), or has elected voluntarily to use such system, the employer shall make inquiries to the system in accordance with the following:(i) The Commissioner of Social Security shall notify annually employees (at the employee address listed on the Wage and Tax Statement) who submit a social security account number to which more than one employer reports income and for which there is a pattern of unusual multiple use. The notification letter shall identify the number of employers to which income is being reported as well as sufficient information notifying the employee of the process to contact the Social Security Administration Fraud Hotline if the employee believes the employee’s identity may have been stolen. The notice shall not share information protected as private, in order to avoid any recipient of the notice from being in the position to further commit or begin committing identity theft.(ii) If the person to whom the social security account number was issued by the Social Security Administration has been identified and confirmed by the Commissioner, and indicates that the social security account number was used without their knowledge, the Secretary and the Commissioner shall lock the social security account number for employment eligibility verification purposes and shall notify the employers of the individuals who wrongfully submitted the social security account number that the employee may not be work-eligible.(iii) Each employer receiving such notification of an incorrect social security account number under clause (ii) shall use the verification system described in subsection (d) to check the work eligibility status of the applicable employee within 10 business days of receipt of the notification.(C) On a voluntary basis
Subject to paragraph (2), and subparagraphs (A) through (C) of this paragraph, beginning on the date that is 30 days after the date of the enactment of the Legal Workforce Act, an employer may make an inquiry, as provided in subsection (d), using the verification system to seek verification of the identity and employment eligibility of any individual employed by the employer. If an employer chooses voluntarily to seek verification of any individual employed by the employer, the employer shall seek verification of all individuals employed at the same geographic location or, at the option of the employer, all individuals employed within the same job category, as the employee with respect to whom the employer seeks voluntarily to use the verification system. An employer’s decision about whether or not voluntarily to seek verification of its current workforce under this subparagraph may not be considered by any government agency in any proceeding, investigation, or review provided for in this Act.(D) Verification
Paragraph (1)(C)(ii) shall apply to verifications pursuant to this paragraph on the same basis as it applies to verifications pursuant to paragraph (1), except that employers shall—(i) use a form designated or established by the Secretary by regulation for purposes of this paragraph; and(ii) retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspection by officers of the Department of Homeland Security, the Department of Justice, or the Department of Labor during the period beginning on the date the verification commences and ending on the date that is the later of 3 years after the date of such verification or 1 year after the date the individual’s employment is terminated.(4) Early compliance
(A) Former E-Verify required users, including Federal contractors
Notwithstanding the deadlines in paragraphs (1) and (2), beginning on the date of the enactment of the Legal Workforce Act, the Secretary is authorized to commence requiring employers required to participate in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), including employers required to participate in such program by reason of Federal acquisition laws (and regulations promulgated under those laws, including the Federal Acquisition Regulation), to commence compliance with the requirements of this subsection (and any additional requirements of such Federal acquisition laws and regulation) in lieu of any requirement to participate in the E-Verify Program.(B) Former E-Verify voluntary users and others desiring early compliance
Notwithstanding the deadlines in paragraphs (1) and (2), beginning on the date of the enactment of the Legal Workforce Act, the Secretary shall provide for the voluntary compliance with the requirements of this subsection by employers voluntarily electing to participate in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) before such date, as well as by other employers seeking voluntary early compliance.(5) 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.(6) Limitation on use of forms
A form designated or established by the Secretary of Homeland Security 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 any other provision of Federal criminal law.(7) Good faith compliance
(A) In general
Except as otherwise provided in this subsection, 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 failure is not de minimis;(ii) the Secretary of Homeland Security has explained to the person or entity the basis for the failure and why it is not de minimis;(iii) the person or entity has been provided a period of not less than 30 calendar days (beginning after the date of the explanation) within which to correct the failure; and(iv) 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).(8) Single extension of deadlines upon certification
In a case in which the Secretary of Homeland Security has certified to the Congress that the employment eligibility verification system required under subsection (d) will not be fully operational by the date that is 6 months after the date of the enactment of the Legal Workforce Act, each deadline established under this section for an employer to make an inquiry using such system shall be extended by 6 months. No other extension of such a deadline shall be made except as authorized under paragraph (1)(D)(iv).
(4) Definition of date of hire
As used in this section, the term date of hire means the date of actual commencement of employment for wages or other remuneration, unless otherwise specified.
(d) Employment eligibility verification system
(1) In general
Patterned on the employment eligibility confirmation system established under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), the Secretary of Homeland Security shall establish and administer a verification system through which the Secretary (or a designee of the Secretary, which may be a nongovernmental entity)—(A) responds to inquiries made by persons at any time through a toll-free telephone line and other toll-free electronic media concerning an individual’s identity and whether the individual is authorized to be employed; and(B) maintains records of the inquiries that were made, of verifications provided (or not provided), and of the codes provided to inquirers as evidence of their compliance with their obligations under this section.(2) Initial response
The verification system shall provide confirmation or a tentative nonconfirmation of an individual’s identity and employment eligibility within 3 working days of the initial inquiry. If providing confirmation or tentative nonconfirmation, the verification system shall provide an appropriate code indicating such confirmation or such nonconfirmation.(3) Secondary confirmation process in case of tentative nonconfirmation
In cases of tentative nonconfirmation, the Secretary shall specify, in consultation with the Commissioner of Social Security, an available secondary verification process to confirm the validity of information provided and to provide a final confirmation or nonconfirmation not later than 10 working days after the date on which the notice of the tentative nonconfirmation is received by the employee. The Secretary, in consultation with the Commissioner, may extend this deadline once on a case-by-case basis for a period of 10 working days, and if the time is extended, shall document such extension within the verification system. The Secretary, in consultation with the Commissioner, shall notify the employee and employer of such extension. The Secretary, in consultation with the Commissioner, shall create a standard process of such extension and notification and shall make a description of such process available to the public. When final confirmation or nonconfirmation is provided, the verification system shall provide an appropriate code indicating such confirmation or nonconfirmation.(4) Design and operation of system
The verification system shall be designed and operated—(A) to maximize its reliability and ease of use by persons and other entities consistent with insulating and protecting the privacy and security of the underlying information;(B) to respond to all inquiries made by such persons and entities on whether individuals are authorized to be employed and to register all times when such inquiries are not received;(C) with appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information;(D) to have reasonable safeguards against the system’s resulting in unlawful discriminatory practices based on national origin or citizenship status, including—(i) the selective or unauthorized use of the system to verify eligibility; or(ii) the exclusion of certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will be required, beyond what is required for most job applicants;(E) to maximize the prevention of identity theft use in the system; and(F) to limit the subjects of verification to the following individuals:(i) Individuals hired, referred, or recruited, in accordance with paragraph (1) or (4) of subsection (b).(ii) Employees and prospective employees, in accordance with paragraph (1), (2), (3), or (4) of subsection (b).(iii) Individuals seeking to confirm their own employment eligibility on a voluntary basis.(5) Responsibilities of Commissioner of Social Security
As part of the verification system, the Commissioner of Social Security, in consultation with the Secretary of Homeland Security (and any designee of the Secretary selected to establish and administer the verification system), shall establish a reliable, secure method, which, within the time periods specified under paragraphs (2) and (3), compares the name and social security account number provided in an inquiry against such information maintained by the Commissioner in order to validate (or not validate) the information provided regarding an individual whose identity and employment eligibility must be confirmed, the correspondence of the name and number, and whether the individual has presented a social security account number that is not valid for employment. The Commissioner shall not disclose or release social security information (other than such confirmation or nonconfirmation) under the verification system except as provided for in this section or section 205(c)(2)(I) of the Social Security Act.(6) Responsibilities of Secretary of Homeland Security
As part of the verification system, the Secretary of Homeland Security (in consultation with any designee of the Secretary selected to establish and administer the verification system), shall establish a reliable, secure method, which, within the time periods specified under paragraphs (2) and (3), compares the name and alien identification or authorization number (or any other information as determined relevant by the Secretary) which are provided in an inquiry against such information maintained or accessed by the Secretary in order to validate (or not validate) the information provided, the correspondence of the name and number, whether the alien is authorized to be employed in the United States, or to the extent that the Secretary determines to be feasible and appropriate, whether the records available to the Secretary verify the identity or status of a national of the United States.(7) Updating information
The Commissioner of Social Security and the Secretary of Homeland Security shall update their information in a manner that promotes the maximum accuracy and shall provide a process for the prompt correction of erroneous information, including instances in which it is brought to their attention in the secondary verification process described in paragraph (3).(8) Limitation on use of the verification system and any related systems
(A) No national identification card
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.(B) Critical infrastructure
The Secretary may authorize or direct any person or entity responsible for granting access to, protecting, securing, operating, administering, or regulating part of the critical infrastructure (as defined in section 1016(e) of the Critical Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e))) to use the verification system to the extent the Secretary determines that such use will assist in the protection of the critical infrastructure.(9) Remedies
If an individual alleges that the individual would not have been dismissed from a job but for an error of the verification mechanism, the individual may seek compensation only through the mechanism of the Federal Tort Claims Act, and injunctive relief to correct such error. No class action may be brought under this paragraph.
(B) to hire, continue to employ, or to recruit or refer for employment in the United States an individual without complying with the requirements of subsection (b).
(5) Definition of recruit or refer
As used in this section, the term refer means the act of sending or directing a person who is in the United States or transmitting documentation or information to another, directly or indirectly, with the intent of obtaining employment in the United States for such person. Only persons or entities referring for remuneration (whether on a retainer or contingency basis) are included in the definition, except that union hiring halls that refer union members or nonunion individuals who pay union membership dues are included in the definition whether or not they receive remuneration, as are labor service entities or labor service agencies, whether public, private, for-profit, or nonprofit, that refer, dispatch, or otherwise facilitate the hiring of laborers for any period of time by a third party. As used in this section, the term recruit means the act of soliciting a person who is in the United States, directly or indirectly, and referring the person to another with the intent of obtaining employment for that person. Only persons or entities referring for remuneration (whether on a retainer or contingency basis) are included in the definition, except that union hiring halls that refer union members or nonunion individuals who pay union membership dues are included in this definition whether or not they receive remuneration, as are labor service entities or labor service agencies, whether public, private, for-profit, or nonprofit that recruit, dispatch, or otherwise facilitate the hiring of laborers for any period of time by a third party.
(3) Good faith defense
(A) Defense
An employer (or person or entity that hires, employs, recruits, or refers (as defined in subsection (h)(5)), or is otherwise obligated to comply with this section) who establishes that it has complied in good faith with the requirements of subsection (b)—(i) shall not be liable to a job applicant, an employee, the Federal Government, or a State or local government, under Federal, State, or local criminal or civil law for any employment-related action taken with respect to a job applicant or employee in good-faith reliance on information provided through the system established under subsection (d); and(ii) has established compliance with its obligations under subparagraphs (A) and (B) of paragraph (1) and subsection (b) absent a showing by the Secretary of Homeland Security, by clear and convincing evidence, that the employer had knowledge that an employee is an unauthorized alien.(B) Mitigation element
For purposes of subparagraph (A)(i), if an employer proves by a preponderance of the evidence that the employer uses a reasonable, secure, and established technology to authenticate the identity of the new employee, that fact shall be taken into account for purposes of determining good faith use of the system established under subsection (d).(C) Failure to seek and obtain verification
Subject to the effective dates and other deadlines applicable under subsection (b), in the case of a person or entity in the United States that hires, or continues to employ, an individual, or recruits or refers an individual for employment, the following requirements apply:(i) Failure to seek verification
(I) In general
If the person or entity has not made an inquiry, under the mechanism established under subsection (d) and in accordance with the timeframes established under subsection (b), seeking verification of the identity and work eligibility of the individual, the defense under subparagraph (A) shall not be considered to apply with respect to any employment, except as provided in subclause (II).(II) Special rule for failure of verification mechanism
If such a person or entity in good faith attempts to make an inquiry in order to qualify for the defense under subparagraph (A) and the verification mechanism has registered that not all inquiries were responded to during the relevant time, the person or entity can make an inquiry until the end of the first subsequent working day in which the verification mechanism registers no nonresponses and qualify for such defense.(ii) Failure to obtain verification
If the person or entity has made the inquiry described in clause (i)(I) but has not received an appropriate verification of such identity and work eligibility under such mechanism within the time period specified under subsection (d)(2) after the time the verification inquiry was received, the defense under subparagraph (A) shall not be considered to apply with respect to any employment after the end of such time period.
(2) Preemption
(A) Single, national policy
The provisions of this section preempt any State or local law, ordinance, policy, or rule, including any criminal or civil fine or penalty structure, insofar as they may now or hereafter relate to the hiring, continued employment, or status verification for employment eligibility purposes, of unauthorized aliens.(B) State enforcement of Federal law
(i) Business licensing
A State, locality, municipality, or political subdivision may exercise its authority over business licensing and similar laws as a penalty for failure to use the verification system described in subsection (d) to verify employment eligibility when and as required under subsection (b).(ii) General rules
A State, at its own cost, may enforce the provisions of this section, but only insofar as such State follows the Federal regulations implementing this section, applies the Federal penalty structure set out in this section, and complies with all Federal rules and guidance concerning implementation of this section. Such State may collect any fines assessed under this section. An employer may not be subject to enforcement, including audit and investigation, by both a Federal agency and a State for the same violation under this section. Whichever entity, the Federal agency or the State, is first to initiate the enforcement action, has the right of first refusal to proceed with the enforcement action. The Secretary must provide copies of all guidance, training, and field instructions provided to Federal officials implementing the provisions of this section to each State.
(B) may require the person or entity to take such other remedial action as is appropriate.
(10) Exemption from penalty for good faith violation
In the case of imposition of a civil penalty under paragraph (4)(A) with respect to a violation of subsection (a)(1)(A) or (a)(2) for hiring or continuation of employment or recruitment or referral by person or entity and in the case of imposition of a civil penalty under paragraph (5) for a violation of subsection (a)(1)(B) for hiring or recruitment or referral by a person or entity, the penalty otherwise imposed may be waived or reduced if the violator establishes that the violator acted in good faith.(11) Mitigation element
For purposes of paragraph (4), the size of the business shall be taken into account when assessing the level of civil money penalty.(12) Authority to debar employers for certain violations
(A) In general
If a person or entity is determined by the Secretary of Homeland Security to be a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, such person or entity may be considered for debarment from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation.(B) Does not have contract, grant, agreement
If the Secretary of Homeland Security or the Attorney General wishes to have a person or entity considered for debarment in accordance with this paragraph, and such a person or entity does not hold a Federal contract, grant, or cooperative agreement, the Secretary or Attorney General shall refer the matter to the Administrator of General Services to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement, and if so, for what duration and under what scope.(C) Has contract, grant, agreement
If the Secretary of Homeland Security or the Attorney General wishes to have a person or entity considered for debarment in accordance with this paragraph, and such person or entity holds a Federal contract, grant, or cooperative agreement, the Secretary or Attorney General shall advise all agencies or departments holding a contract, grant, or cooperative agreement with the person or entity of the Government’s interest in having the person or entity considered for debarment, and after soliciting and considering the views of all such agencies and departments, the Secretary or Attorney General may refer the matter to any appropriate lead agency to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement, and if so, for what duration and under what scope.(D) Review
Any decision to debar a person or entity in accordance with this paragraph shall be reviewable pursuant to part 9.4 of the Federal Acquisition Regulation.(13) Office for State and local government complaints
The Secretary of Homeland Security shall establish an office—(A) to which State and local government agencies may submit information indicating potential violations of subsection (a), (b), or (g)(1) that were generated in the normal course of law enforcement or the normal course of other official activities in the State or locality;(B) that is required to indicate to the complaining State or local agency within five business days of the filing of such a complaint by identifying whether the Secretary will further investigate the information provided;(C) that is required to investigate those complaints filed by State or local government agencies that, on their face, have a substantial probability of validity;(D) that is required to notify the complaining State or local agency of the results of any such investigation conducted; and(E) that is required to report to the Congress annually the number of complaints received under this paragraph, the States and localities that filed such complaints, and the resolution of the complaints investigated by the Secretary.
(1) Criminal penalty
Any person or entity which engages in a pattern or practice of violations of subsection (a) (1) or (2) shall be fined not more than $5,000 for each unauthorized alien with respect to which such a violation occurs, imprisoned for not more than 18 months, or both, notwithstanding the provisions of any other Federal law relating to fine levels.
437. Humanitarian campuses
(a) In general
Not later than 12 months after the effective date of this section, the Secretary shall establish not fewer than 3 humanitarian campuses located in high traffic sectors of U.S. Border Patrol, as determined by the Secretary, along the southern border land border of the United States (referred to in this section as a “humanitarian campus”).(b) Purpose
(1) Processing and management
The humanitarian campuses shall carry out processing and management activities for asylum seekers apprehended at the border, including—(A) criminal history checks;(B) identity verification;(C) biometrics collection and analysis;(D) medical screenings;(E) asylum interviews and credible fear determinations under section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) and reasonable fear determinations under section 241(b)(3)(B) of that Act (8 U.S.C. 1231(b)(3)(B));(F) facilitating coordination and communication between Federal entities and nongovernmental organizations that are directly involved in providing assistance to aliens;(G) legal orientation programming and communication between aliens and outside legal counsel;(H) issuance of legal documents relating to immigration court proceedings of aliens; and(I) any other activity the Secretary considers appropriate.(2) Consideration of eligibility for additional forms of relief
In conducting asylum interviews and credible fear determinations under section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) and reasonable fear determinations under section 241(b)(3)(B) of that Act (8 U.S.C. 1231(b)(3)(B)), the officer shall consider, in addition to whether the alien has a credible fear of persecution, whether the alien may be prima facie eligible for any other form of relief from removal, including—(A) withholding of removal under section 241(b)(3) or any cause or claim under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment;(B) status under subparagraph (T) or (U) of section 101(a)(15);(C) special immigrant juvenile status;(D) family reunification pursuant to an approved I–130 petition; and(E) any other basis for relief from removal under the immigration laws.(c) Personnel and living conditions
The humanitarian campuses shall include—(1) personnel assigned from—(A) U.S. Customs and Border Protection;(B) U.S. Immigration and Customs Enforcement;(C) the Federal Emergency Management Agency;(D) U.S. Citizenship and Immigration Services; and(E) the Office of Refugee Resettlement;(2) upon agreement with an applicable Federal agency, personnel from such Federal agency who are assigned to the humanitarian campus;(3) sufficient medical staff, including physicians specializing in pediatric or family medicine, nurse practitioners, and physician assistants;(4) licensed social workers;(5) mental health professionals;(6) child advocates appointed by the Secretary of Health and Human Services under section 235(c)(6)(B) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(6)(B));(7) sufficient space to carry out the processing, management, and legal orientation activities described in subsection (b);(8) sufficient consumables, including toothbrushes, toothpaste, feminine hygiene products, other personal hygiene supplies, clothing, and baby products;(9) sufficient recreational space for children and families;(10) access to legal resources, including law books, that would permit an individual without legal counsel to prepare for an asylum hearing; and(11) sufficient visitation space for non-legal visits, as well as access to secure and confidential telephone and video teleconferencing facilities, for which they may not be charged a price higher than cost to operate.(d) Criminal history checks
Each criminal history check carried out under subsection (b)(1) shall be conducted using a set of fingerprints or other biometric identifier obtained from—(1) the Federal Bureau of Investigation;(2) the criminal history repositories of all States that the individual listed as a current or former residence; and(3) any other appropriate Federal or State database resource or repository, as determined by the Secretary.(e) Exceptions for additional purposes
Subject to operational and spatial availability, in the event of a major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or any homeland security crisis requiring the establishment of a departmental Joint Task Force under section 708(b), the Secretary may temporarily utilize a humanitarian campus to carry out operations relating to such declaration or crisis.(f) Donations
The Department may accept donations from private entities, nongovernmental organizations, and other groups independent of the Federal Government for the care of children and family units at a humanitarian campus, including—(1) medical goods and services;(2) school supplies;(3) toys;(4) clothing; and(5) any other item intended to promote the well-being of such children and family units.(g) Access to facilities for private entities and nongovernmental organizations
(1) In general
Private entities and nongovernmental organizations that are directly involved in providing humanitarian or legal assistance to families and individuals encountered by the Department along the southwest border of the United States, or organizations that provide assistance to individuals, shall have access to humanitarian campuses for purposes of—(A) legal orientation programming;(B) providing case management services or establishing case management services;(C) coordination with the Department with respect to the care of families and individuals held in humanitarian campuses, including the care of families and individuals who are released or scheduled to be released;(D) communication between aliens and outside legal counsel;(E) the provision of humanitarian assistance; and(F) any other purpose the Secretary considers appropriate.(2) Access plan
Not later than 60 days after the date of the enactment of this section, the Secretary shall publish in the Federal Register procedures relating to access to humanitarian campuses under paragraph (1) that ensure—(A) the safety of personnel of, and aliens in, humanitarian campuses; and(B) the orderly management and operation of humanitarian campuses.(h) Legal counsel
Aliens in a humanitarian campus shall have access to legal counsel in accordance with section 292 of the Immigration and Nationality Act (8 U.S.C. 1362), including the opportunity to consult with counsel before any legally determinative aspect of the asylum process occurs.(i) Procedures To facilitate communication with counsel
The Secretary shall develop written procedures to permit aliens in a humanitarian campus to visit with, and make free confidential telephone calls to, legal representatives and legal services providers and to receive incoming calls from legal representatives and legal services providers, in a private and confidential space while in custody, for the purposes of retaining or consulting with counsel or obtaining legal advice from legal services providers.(j) Legal orientation
An alien in a humanitarian campus shall be provided the opportunity to receive a complete legal orientation presentation administered by a nongovernmental organization in cooperation with the Executive Office for Immigration Review.(k) Management of humanitarian campuses
(1) Operation
The Commissioner of U.S. Customs and Border Protection, in consultation with the interagency coordinating council established under paragraph (2), shall operate the humanitarian campuses.(2) Interagency coordinating committee
(A) Establishment
There is established an interagency coordinating committee for the purpose of coordinating operations and management of the humanitarian campuses.(B) Membership
The interagency coordinating committee shall be chaired by the Commissioner of U.S. Customs and Border Protection, or his or her designee, and shall include representatives designated by the heads of the following agencies:(i) U.S. Immigration and Customs Enforcement.(ii) The Federal Emergency Management Agency.(iii) U.S. Citizenship and Immigration Services.(iv) The Office of Refugee Resettlement.(v) Any other agency that supplies personnel to the humanitarian campuses, upon agreement between the Commissioner of U.S. Customs and Border Protection and the head of such other agency.(C) Oversight
The Department of Homeland Security Office of Inspector General shall—(i) conduct unannounced inspections of the humanitarian campuses at least twice per year; and(ii) on an annual basis, prepare and submit a report detailing compliance with subsection (g) that shall be posted on a public website.(l) Screening timeline
Absent exceptional circumstances, aliens shall undergo a complete full screening under this section not later than 15 days after being processed at the campus, including screening for gang, cartel, or criminal affiliation, legal orientation, and initial credible fear interview.
208A. Procedures for Expedited Asylum Determinations
(a) In general
In the case of any alien who enters the United States without lawful status after the date of enactment of this Act, the procedures described in this section shall apply.(b) Arrival rest period
On arrival to a humanitarian campus an alien shall be provided a mandatory rest period for 72 hours after initial processing of the alien occurs.(c) Initial screening
The Secretary of Homeland Security shall ensure that an alien who is subject to this section shall undergo an initial screening within 15 days after arrival at a humanitarian campus, including ensuring that each asylum seeker is able to make contact with legal counsel within the first week of arrival, prior to sitting for a credible fear interview.(d) Secondary screening
In the case of aliens who successfully pass a credible fear interview, an asylum officer may triage cases and make final decisions on asylum cases within 45 days after an initial screening is completed under subsection (c). A secondary screening shall consist of the following:(1) In general
(A) A positive credible fear interview shall be treated as an application for asylum, withholding of removal, and protection under the Convention Against Torture.(B) A positive reasonable fear interview shall be treated as an application for withholding of removal or protection under the Convention against Torture, whichever is relevant to the asylum officer’s basis for finding a reasonable fear.(2) Purpose of secondary screening
A two-person asylum officer panel conducting a secondary screening shall—(A) deny or approve the application for asylum; and(B) refer complex or uncertain asylum, withholding of removal, Convention Against Torture, or other cases in which an alien has been determined to be prima facie eligible for other forms of relief pursuant to section 437(b)(2) of this Act, to an immigration judge for a hearing under section 1229a of title 8, United States Code.(3) Secondary Screening Process
(A) Conduct by asylum officers
A secondary screening shall be conducted by a panel of two asylum officers at a humanitarian campus.(B) Secondary screening decision procedure
After conducting a secondary screening, the asylum officers shall each independently vote to approve the application, refer the application to an immigration judge as complex or uncertain, or deny the application.(i) If both asylum officers vote to approve the application, it shall be approved.(ii) If both asylum officers vote to deny the application, it shall be denied.(iii) If there is disagreement, or both asylum officers vote to refer the application to an immigration judge, the application shall be referred to an immigration judge for a hearing under section 1229a of title 8, United States Code.(C) Record of secondary screening
The officers shall prepare a written record of a secondary screening under subparagraph (B). Such record shall include a summary of the material facts, as stated by the applicant, such additional facts (if any) relied upon by the officers, and each officer’s analysis of why the alien has or has not established eligibility for asylum. A copy of each officer’s screening notes shall be attached to the written summary.(D) Alien’s rights in secondary screening
In secondary screenings under this subsection, under regulations of the Secretary of Homeland Security—(i) the alien shall have the privilege of being represented, at no expense to the Federal Government, by counsel of the alien’s choosing; and(ii) the alien shall have a reasonable opportunity to examine the evidence against the alien and to present evidence on the alien’s own behalf.(4) Expedited appeal
Any application for asylum of an alien that is denied under paragraph (3) shall be subject to expedited review upon request of the alien, not later than 7 days after such denial, by a two-asylum officer panel consisting of asylum officers other than the asylum officers who denied such application.(A) Secondary screening expedited appeal procedure
After reviewing the record of the secondary screening and any additional submission by the alien or the alien’s representative, the asylum officers shall each independently vote whether to uphold the appeal or deny the appeal. If both asylum officers vote to uphold the appeal, the alien’s application shall be approved. If both asylum officers vote to deny the application, the appeal shall be denied. If there is disagreement, the application shall be referred to an immigration judge for a hearing under section 1229a of title 8, United States Code.(B) Alien’s rights in appeal procedure
In any expedited appeal, the alien shall—(i) have the privilege of being represented, at no expense to the Federal Government, by counsel of the alien’s choosing; and(ii) have a reasonable opportunity to submit evidence and make arguments as to why the decision made under paragraph (3) was incorrect.(5) Limited reviewability
Any decision to deny or approve an application under this section may not be subject to judicial review, except as provided in paragraphs (4) and (5).(6) Additional review
In any circumstance in which new evidence or law related to the applicant arises during consideration, or a fundamental change in country conditions arises during consideration, an additional review may be conducted by an asylum officer within 7 days after such new evidence or law arises, or country conditions change.(7) Vulnerable populations
(A) In general
An alien that is a member of a vulnerable population may request additional review.(B) Description
A member of a vulnerable population includes any individual who is—(i) a pregnant woman or a nursing mother;(ii) a woman at disproportionate risk of sexual or gender-based violence, exploitation, or abuse;(iii) a person at risk of violence due to their sexual orientation;(iv) a person with a disability;(v) an elderly person;(vi) a person with urgent medical needs;(vii) a stateless person; and(viii) a person holding a valid humanitarian visa.(8) Additional review determinations
An additional review conducted with respect to an alien meeting the requirements of paragraph (3) or (4) may uphold the previous determination or be referred to an immigration judge for a final decision.(9) Effect of denial
Any alien who is denied asylum status under this subsection shall be subject to expedited removal under section 235.(e) Immigration judge referral
If referred to an immigration judge, the following shall apply:(1) Court referral and Case management
In the case that an asylum officer refers a case to an immigration judge after a secondary or additional review, each alien subject to such referral shall receive a Notice to Appear and be permitted to leave the humanitarian campus. Each such alien shall be placed in a case management program.(2) Monitoring
Each alien in case management shall check in regularly with case officers and be consistently monitored in a manner which ensures the Department of Homeland Security’s ability to electronically verify each person’s location.(3) Adult confirmation of location
Any alien placed in case management who is an adult, parent, or legal guardian shall check in on a weekly basis using automated telephone technology that confirms the caller’s identity and location.(4) Failure to comply
Absent extraordinary circumstances, any alien who fails to comply with the case management requirements under this subsection shall be denied asylum and subject to expedited removal under section 235.(f) Humanitarian campus
In this section, the term humanitarian campus means the campus described in section 472 of the Homeland Security Act of 2002.
(4) Renunciation of status pursuant to return to home country
(A) In general
Except as provided in subparagraphs (B) and (C), any alien who is granted asylum status under this Act, who, within 5 years after being granted such status, absent changed country conditions, subsequently returns to the country of such alien’s nationality or, in the case of an alien having no nationality, returns to any country in which such alien last habitually resided, and who applied for such status because of persecution or a well-founded fear of persecution in that country on account of race, religion, nationality, membership in a particular social group, or political opinion, shall have his or her status terminated.(B) Waiver
The Secretary has discretion to waive subparagraph (A) if it is established to the satisfaction of the Secretary that the alien had a compelling reason for the return. The waiver may be sought prior to departure from the United States or upon return.(C) Lawful permanent residents
Subparagraph (A) shall not apply to lawful permanent residents.
(C) ensure that a written warning appears on the asylum application advising the alien of the consequences of filing a frivolous application and serving as notice to the alien of the consequence of filing a frivolous application.
(A) If the Attorney General determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph (4)(C), the alien shall be permanently ineligible for any benefits under this chapter, effective as the date of the final determination of such an application.(B) An application is frivolous if the Secretary of Homeland Security or the Attorney General determines, consistent with subparagraph (C), that any of the material elements are knowingly fabricated.(C) In determining that an application is frivolous, the Secretary or the Attorney General, must be satisfied that the applicant, during the course of the proceedings, has had sufficient opportunity to clarify any discrepancies or implausible aspects of the claim.(D) For purposes of this section, a finding that an alien filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal under section 241(b)(3) or protection pursuant to the Convention Against Torture.
(d) Whoever, in any matter before the Secretary of Homeland Security or the Attorney General pertaining to asylum under section 208 of the Immigration and Nationality Act or withholding of removal under section 241(b)(3) of such Act, knowingly and willfully—(1) makes any materially false, fictitious, or fraudulent statement or representation; or(2) makes or uses any false writings or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry,shall be fined under this title or imprisoned not more than 10 years, or both.
(F) standard operating procedures regarding the detection, interdiction, inspection, processing, or transferring of alien children that officers and agents of U.S. Customs and Border Protection shall employ in the execution of their duties.
(B) Criminal background checks
(i) In general
Before placing an unaccompanied alien child with an individual, the Secretary of Health and Human Services shall—(I) conduct a criminal history background check on the individual and each adult member of the individual’s household; and(II) collect biometric samples in connection with any such background check.(ii) Scope
(I) In general
Each biometric criminal history background check required under clause (i) shall be conducted through—(aa) the Federal Bureau of Investigation;(bb) criminal history repositories of each State the individual lists as a current or former residence; and(cc) any other Federal or State database or repository the Secretary of Health and Human Services considers appropriate.(II) Use of rapid DNA instruments
DNA analysis of a DNA sample collected under subclause (I) may be carried out with Rapid DNA instruments (as defined in section 3(c) of the DNA Analysis Backlog Elimination Act of 2000 (34 U.S.C. 40702(c))).(III) Limitation on use of biometric samples
The Secretary of Health and Human Services may not release a fingerprint or DNA sample collected, or disclose the results of a fingerprint or DNA analysis conducted under this subparagraph, or any other information obtained pursuant to this section, to the Department of Homeland Security for any immigration enforcement purpose.(IV) Access to information through the Department of Homeland Security
Not later than 14 days after receiving a request from the Secretary of Health and Human Services, the Secretary of Homeland Security shall provide information necessary to conduct suitability assessments from appropriate Federal, State, and local law enforcement and immigration databases.(iii) Prohibition on placement with individuals convicted of certain offenses
The Secretary of Health and Human Services may not place an unaccompanied alien child in the custody or household of an individual who has been convicted of, or is currently being tried for—(I) a sex offense (as defined in section 111 of the Sex Offender Registration and Notification Act (34 U.S.C. 20911));(II) a crime involving severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102));(III) a crime of domestic violence (as defined in section 40002(a) of the Violence Against Women Act (34 U.S.C. 12291(a)));(IV) a crime of child abuse and neglect (as defined in section 3 of the Child Abuse Prevention and Treatment Act (Public Law 93–247; 42 U.S.C. 5101 note));(V) murder, manslaughter, or an attempt to commit murder or manslaughter (within the meanings of such terms in sections 1111, 1112, and 1113 of title 18, United States Code); or(VI) a crime involving receipt, distribution, or possession of a visual depiction of a minor engaging in sexually explicit conduct (within the meanings of such terms in section 2252 of title 18, United States Code).
(E) Well-being follow-up calls
Not later than 30 days after the date on which an unaccompanied alien child is released from the custody of the Secretary of Health and Human Services, and every 60 days thereafter until the date on which a final decision has been issued in the removal proceedings of the child or such proceedings are terminated, or the unaccompanied alien child turns 18 years of age, the Secretary shall conduct a follow-up telephone call with the unaccompanied alien child and the child’s custodian or the primary point of contact for any other entity with which the child was placed.(F) Change of address
The Secretary of Health and Human Services shall—(i) require each custodian with whom an unaccompanied alien child is placed under this subsection to notify the Secretary with respect to any change in the unaccompanied alien child’s physical or mailing address, including any situation in which the unaccompanied alien child permanently departs the custodian’s residence, not later than 7 days after the date on which such change or departure occurs; and(ii) develop and implement a system that permits custodians to submit notifications electronically with respect to a change of address.
, including—(i) the average length of time from apprehension to the child’s master calendar hearing, organized by the fiscal year in which the children were apprehended by U.S. Customs and Border Protection;(ii) the number of children identified under clause (i) who did and did not appear at master calendar hearings, including the percentage of children in each category who were represented by counsel;(iii) the average length of time from apprehension to the child’s merits hearing, organized by the fiscal year in which the children were apprehended by U.S. Customs and Border Protection;(iv) the number of children identified under clause (i) who did and did not appear at merits hearings, including the percentage of children in each category who are represented by counsel; and(v) the total number of well-being follow-up calls conducted under section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)(E)) at each time interval following placement with a custodian or other entity, and the number of children that the Secretary of Health and Human Services is unable to contact at each interval, organized by the fiscal year in which the children were apprehended by U.S. Customs and Border Protection; and
1041. Fraud in connection with the transfer of custody of unaccompanied alien children
(a) In general
It shall be unlawful for a person to obtain custody of an unaccompanied alien child (as defined in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)))—(1) by making any materially false, fictitious, or fraudulent statement or representation; or(2) by making or using any false writing or document with the knowledge that such writing or document contains any materially false, fictitious, or fraudulent statement or entry.(b) Penalties
(1) In general
Any person who violates, or attempts or conspires to violate, subsection (a) shall be fined under this title and imprisoned for not less than 1 year.(2) Enhanced penalty for trafficking
If the primary purpose of a violation, attempted violation, or conspiracy to violate this section was to subject the child to sexually explicit activity or any other form of exploitation, the offender shall be fined under this title and imprisoned for not less than 15 years.
1041. Fraud in connection with the transfer of custody of unaccompanied alien children.
(W) an alien who is prima facie eligible for asylum based on overwhelming evidence during an asylum prescreening at a facility in the Western hemisphere, except that the number of aliens admitted under this status, or otherwise provided such status, may not exceed the number of refugees authorized to enter during a fiscal year.
(f) Entry at an unauthorized location
(1) Logging unlawful entry
Any alien who fails to enter the United States at a designated port of entry shall be logged by an agent biometrically and informed by such agent that applications for asylum may only be made at a designated port of entry.(2) Subsequent entry
Any alien who fails to enter the United States at a designated port of entry after being logged under paragraph (1) shall be subject to the expedited removal process under section 235.
438. Loan forgiveness for legal service providers at humanitarian campuses
(a) Program authorized
(1) Loan forgiveness authorized
The Secretary, in coordination with the Secretary of Education, shall forgive, in accordance with this section, the qualified loan amount described in subsection (b) of the eligible student loan obligation of a borrower who—(A) has attended an accredited law school at an institution of higher education (as defined in section 102 of the Higher Education Act of 1965) and obtained a Juris Doctor degree;(B) has completed not less than four years of full-time employment as an attorney providing legal services at a humanitarian campus established under section 437(a); and(C) is not in default on a loan for which the borrower seeks forgiveness.(2) Method of loan forgiveness
To provide loan forgiveness under paragraph (1), the Secretary, in coordination with the Secretary of Education, is authorized to carry out a program—(A) through the holder of the loan, to assume the obligation to repay a qualified loan amount for a loan made, insured, or guaranteed under part B of the Higher Education Act of 1965 (other than an excepted PLUS loan or an excepted consolidation loan (as such terms are defined in section 493C(a) of such Act of 1965)); and(B) to cancel a qualified loan amount for a loan made under part D or E of such Act of 1965 (other than an excepted PLUS loan or an excepted consolidation loan (as such terms are defined in section 493C(a) of such Act of 1965)).(3) Regulations
The Secretary is authorized to issue such regulations as may be necessary to carry out this section.(b) Qualified loans amount
(1) Amount of forgiveness
The Secretary shall forgive 75 percent of the eligible student loan obligation of a borrower described in subsection (a)(1) that is outstanding after the completion of the fourth year of employment described in such paragraph.(2) Eligible student loan obligation
The term eligible student loan obligation has the meaning given the term student loan in section 428L of the Higher Education Act of 1965, except that only the portion of such a student loan that is attributable to the borrower’s study of law and attainment of a Juris Doctor degree (and not to undergraduate study or other courses of study) shall be included when calculating the outstanding eligible student loan obligation of a borrower for purposes of paragraph (1).(c) Construction
Nothing in this section shall be construed to authorize any refunding of any repayment of a loan.
(D) An alien who is participating in the Dignity Program or holds the Dignity Status.
(2) Use of fees for work-based learning programs
90 percent of amounts deposited into the H–1B Nonimmigrant Petitioner Account pursuant to the Dignity for Immigrants while Guarding our Nation to Ignite and Deliver the American Dream Act shall remain available to the Secretary of Labor until expended to carry out the Dignity for Immigrants while Guarding our Nation to Ignite and Deliver the American Dream Act.
(D) Judicial discretion
(i) In general
In the case of an alien who is the spouse or child of a citizen of the United States, the Attorney General may subject to clause (ii)—(I) terminate any removal proceedings against the alien;(II) decline to order the alien removed from the United States;(III) grant the alien permission to reapply for admission to the United States; or(IV) subject to clause (iii), waive the application of one or more grounds of inadmissibility or deportability in connection with any request for relief from removal.(ii) Limitation on discretion
(I) In general
The Attorney General may exercise the discretion described in clause (i) if the Attorney General determines that removal of the alien or the denial of a request for relief from removal would result in hardship to the alien’s United States citizen spouse, parent, or child. There shall be a presumption that family separation constitutes hardship.(II) Widow and surviving child of deceased united states citizen
In the case of the death of a citizen of the United States, the Attorney General may exercise discretion described in clause (i) with respect to an alien who was a child of such citizen, or was the spouse of such citizen and was not legally separated from such citizen on the date of the citizen’s death, if—(aa) the Attorney General determines that removal of the child or spouse or the denial of a requested benefit would result in hardship to the child or spouse; and(bb) the child or spouse seeks relief requiring such discretion not later than two years after the date of the citizen’s death or demonstrates to the satisfaction of the Attorney General the existence of extraordinary circumstances that prevented the spouse or child from seeking relief within such period.(iii) Exclusions
This subparagraph shall not apply to an alien whom the Attorney General determines—(I) is inadmissible under—(aa) paragraph (2) or (3) of section 212(a); or(bb) subparagraph (A), (C), or (D) of section 212(a)(10); or(II) is deportable under paragraph (2), (4), or (6) of section 237(a).
(u) Secretary’s discretion
(1) In general
In the case of an alien who is the spouse or child of a citizen of the United States, the Secretary of Homeland Security may, subject to paragraph (2)—(A) waive the application of one or more grounds of inadmissibility or deportability in connection with an application for an immigration benefit or request for relief from removal;(B) decline to issue a notice to appear or other charging document requiring such an alien to appear for removal proceedings;(C) decline to reinstate an order of removal under section 241(a)(5); or(D) grant such alien permission to reapply for admission to the United States or any other application for an immigration benefit.(2) Limitation on discretion
(A) In general
The Secretary of Homeland Security may exercise discretion described in paragraph (1) if the Secretary determines that removal of the alien or the denial of a requested benefit would result in hardship to the alien’s United States citizen spouse, parent, or child. There shall be a presumption that family separation constitutes hardship.(B) Widow and orphan of deceased united states citizen
In the case of the death of a citizen of the United States, the Secretary of Homeland Security may exercise discretion described in paragraph (1) with respect to an alien who was a child of such citizen, or was the spouse of such citizen and was not legally separated from such citizen on the date of the citizen’s death, if—(i) the Secretary determines that the denial of a requested benefit would result in hardship to the child or spouse; and(ii) the child or spouse seeks relief requiring such discretion not later than two years after the date of the citizen’s death or demonstrates to the satisfaction of the Secretary the existence of extraordinary circumstances that prevented the spouse or child from seeking relief within such period.(3) Exclusions
This subsection shall not apply to an alien whom the Secretary determines—(A) is inadmissible under—(i) paragraph (2) or (3) of subsections (a); or(ii) subparagraphs (A), (C), or (D) of subsection (a)(10); or(B) is deportable under paragraphs (2), (4), or (6) of section 237(a).
and who is visiting the United States temporarily for—(i) business;(ii) pleasure; or(iii) family purposes;
(s) Requirements applicable to family purpose visas
(1) Definitions
In this subsection and section 101(a)(15)(B)(iii):(A) Family purposes
The term family purposes means any visit by a relative for a social, occasional, or any other purpose.(B) Relative
The term relative means the spouse, child, son, daughter, grandchild, parent, grandparent, sibling, uncle, aunt, niece, and nephew of a citizen of the United States or an alien lawfully admitted for permanent residence.(2) Requirement
A relative seeking admission pursuant to a visa issued under section 101(a)(15)(B)(iii) is inadmissible unless—(A) the individual petitioning for such admission, or an additional sponsor, has submitted to the Secretary of Homeland Security an undertaking under section 213 in the form of a declaration of support (Form I–134); and(B) such relative has obtained, for the duration of his or her stay in the United States, a health insurance policy (such as an additional travel health insurance policy or an existing health insurance policy that includes travel health care costs) with minimum policy requirements, as determined by the Secretary.(3) Period of authorized admission
The period of authorized admission for a nonimmigrant described in section 101(a)(15)(B)(iii) shall not exceed 90 days.(4) Petitioner requirement
(A) In general
An individual may not petition for the admission of a relative as a nonimmigrant described in section 101(a)(15)(B)(iii) if the individual previously petitioned for the admission of such a relative who—(i) was admitted to the United States pursuant to a visa issued under that section as a result; and(ii) overstayed his or her period of authorized admission.(B) Previous petitioners
An individual petitioning for the admission of a relative as a nonimmigrant described in section 101(a)(15)(B)(iii) who has previously petitioned for such a relative shall submit to the Secretary of Homeland Security evidence demonstrating that the relative on behalf of whom the individual previously petitioned did not overstay his or her period of authorized admission.
(1) an alien classified as a nonimmigrant under subparagraph (B)(iii), (C), (D), (K), or (S) of section 101(a)(15),
Sec. 329. Naturalization through service in the Selected Reserve or in active-duty status.
(F) Aliens—(i) who are beneficiaries (including derivative beneficiaries) of an approved immigrant visa petition bearing a priority date that is more than 10 years before the alien submits an application for an immigrant visa or for adjustment of status; and(ii) who deposit a premium processing fee of $20,000 into the Immigration Infrastructure and Debt Reduction Fund established in section 9512 of title 26, United States Code.(G) Aliens who are beneficiaries (including derivative beneficiaries) of an approved immigrant visa petition bearing a priority date that is more than 10 years before the alien submits an application for an immigrant visa or for adjustment of status, subject to the following:(i) In each of the fiscal years 2026 through and including 2035, the Secretary shall allocate to aliens described in subparagraph (G) a number of immigrant visas in an amount that is sufficient to ensure that by the end of fiscal year 2035 there are no aliens described in subparagraph (G).
(H) Any alien who—(i) is not inadmissible under section 212(a) or deportable under section 237(a);(ii) was lawfully present in the United States as a dependent child of a nonimmigrant admitted to engage in employment in the United States (other than a nonimmigrant described in subparagraph (A), (G), (N), or (S) of section 101(a)(15)) for an aggregate period of not less than 8 years;(iii) on the date on which an application under section 204(a)(1)(M) is submitted, has been lawfully present in the United States for an aggregate period of not less than 10 years; and(iv) has graduated from an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a))) in the United States.
(M) Any alien entitled to classification under section 201(b)(1)(F) may file a petition with the Secretary of Homeland Security for such classification.
(6) Determination of child status
A determination as to whether an alien is a child shall be made as follows:(A) In general
For purposes of a petition under section 204 and any subsequent application for an immigrant visa or adjustment of status, such determination shall be made using the age of the alien on the earlier of—(i) the date on which the petition is filed with the Secretary of Homeland Security; or(ii) the date on which an application for a labor certification under section 212(a)(5)(A)(i) is filed with the Secretary of Labor.(B) Certain dependents of nonimmigrants
With respect to an alien who, for an aggregate period of 8 years before attaining the age of 21, was in the status of a dependent child of a nonimmigrant pursuant to a lawful admission as an alien eligible to be employed in the United States (other than a nonimmigrant described in subparagraph (A), (G), (N), or (S) of section 101(a)(15)), notwithstanding clause (i), the determination of the alien’s age shall be based on the date on which such initial nonimmigrant employment-based petition or application was filed by the alien’s nonimmigrant parent.(C) Failure to acquire status as alien lawfully admitted for permanent residence
With respect to an alien who has not sought to acquire status as an alien lawfully admitted for permanent residence during the 2 years beginning on the date on which an immigrant visa becomes available to such alien, the alien’s age shall be determined based on the alien’s biological age, unless the failure to seek to acquire such status was due to extraordinary circumstances.
(s) Derivative beneficiaries
(1) In general
Except as described in paragraph (2), the determination as to whether an alien who is the derivative beneficiary of a properly filed pending or approved immigrant petition under section 204 is eligible to be a dependent child shall be based on whether the alien is determined to be a child under section 101(b)(6).(2) Long-term dependents
If otherwise eligible, an alien who is determined to be a child pursuant to section 101(b)(6)(B) may change status to, or extend status as, a dependent child of a nonimmigrant with an approved employment-based petition under this section or an approved application under section 101(a)(15)(E), notwithstanding such alien’s marital status.(3) Employment authorization
An alien admitted to the United States as a dependent child of a nonimmigrant who is described in this section is authorized to engage in employment in the United States incident to status.
(1) In general
The priority date for an individual shall be the date on which a petition under section 204 is filed with the Secretary of Homeland Security or the Secretary of State, as applicable, unless such petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case the date on which the labor certification is filed shall be the priority date.(2) Applicability
The principal beneficiary and all derivative beneficiaries shall retain the priority date associated with the earliest of any approved petition or labor certification, and such priority date shall be applicable to any subsequently approved petition.
(I) Aliens described in section 203(d) if accompanying or following to join their spouse or parent who has been admitted for lawful permanent resident status under section 203(b).
(h) Dual intent
The fact that an alien is, or intends to be, the beneficiary of an application for a preference status filed under section 204, seeks a change or adjustment of status after completing a legitimate period of nonimmigrant stay, or has otherwise sought permanent residence in the United States shall not constitute evidence of intent to abandon a foreign residence that would preclude the alien from obtaining or maintaining—(1) a visa or admission as a nonimmigrant described in subparagraph (E), (F)(i), (F)(ii), (H)(i)(b), (H)(i)(c), (L), (O), (P), (R), or (V) of section 101(a)(15); or(2) the status of a nonimmigrant described in any such subparagraph.