8 U.S. Code § 1324a - Unlawful employment of aliens

an individual is a member of a collective-bargaining unit and is employed, under a collective bargaining agreement entered into between one or more employee organizations and an association of two or more employers, by an employer that is a member of such association, and

within the period specified in subparagraph (B), another employer that is a member of the association (or an agent of such association on behalf of the employer) has complied with the requirements of subsection (b) with respect to the employment of the individual,

the subsequent employer shall be deemed to have complied with the requirements of subsection (b) with respect to the hiring of the employee and shall not be liable for civil penalties described in subsection (e)(5).

The period described in this subparagraph is 3 years, or, if less, the period of time that the individual is authorized to be employed in the (C) Liability

If any employer that is a member of an association hires for employment in the (ii) Rebuttal of presumption

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

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

contains a photograph of the individual and such other personal identifying information relating to the individual as the (II)

(C) 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 (ii)

in the case of individuals under 16 years of age or in a (E) Authority to prohibit use of certain documents

in the case of the recruiting or referral for a fee (without hiring) of an individual, three years after the date of the recruiting or referral, and

Notwithstanding any other provision of law, the person or (5) Limitation on use of attestation form

A form designated or established by the (6) Good faith compliance

Nothing in this section shall be construed to authorize, directly or indirectly, the issuance or use of (d) Evaluation and changes in employment verification system

The President shall provide for the monitoring and evaluation of the degree to which the employment verification system established under subsection (b) provides a secure system to determine employment eligibility in the (B) Improvements to establish secure system

If the system requires that a document be presented to or examined by an employer, the document must be in a form which is resistant to counterfeiting and tampering.

Any personal information utilized by the system may not be made available to Government agencies, employers, and other persons except to the extent necessary to verify that an individual is not an (D) Privacy of information

The system must protect the privacy and security of personal information and identifiers utilized in the system.

A verification that an employee or prospective employee is eligible to be employed in the (F) Limited use for law enforcement purposes

The system may not be used for law enforcement purposes, other than for enforcement of this chapter or sections 1001, 1028, 1546, and 1621 of title 18.

If the system requires individuals to present a new card or other document (designed specifically for use for this purpose) at the time of hiring, recruitment, or referral, then such document may not be required to be presented for any purpose other than under this chapter (or enforcement of sections 1001, 1028, 1546, and 1621 of title 18) nor to be carried on one’s person.

before the date of implementation of the change, the President has prepared and transmitted to the Committee on the Judiciary of the House of Representatives and to the Committee on the Judiciary of the Senate a written report setting forth the proposed change. If the President proposes to make any change regarding social security account number cards, the President shall transmit to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate a written report setting forth the proposed change. The President promptly shall cause to have printed in the Federal Register the substance of any major change (described in subparagraph (D)) proposed and reported to Congress .

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

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

No major change may be implemented unless the Congress specifically provides, in an appropriations or other Act, for funds for implementation of the change.

(D) Major changes defined As used in this paragraph, the term “major change” means a change which would—

require an individual to present a new card or other document (designed specifically for use for this purpose) at the time of hiring, recruitment, or referral,

provide for a telephone verification system under which an employer, recruiter, or referrer must transmit to a Federal official information concerning the immigration status of prospective employees and the official transmits to the person, and the person must record, a verification code, or

require any change in any card used for accounting purposes under the Social Security Act [42 U.S.C. 301 et seq.], including any change requiring that the only social security account number cards which may be presented in order to comply with subsection (b)(1)(C)(i) are such cards as are in a counterfeit-resistant form consistent with the second sentence of section 205(c)(2)(D) of the Social Security Act [42 U.S.C. 405(c)(2)(D)].

Any costs incurred in developing and implementing any change described in subparagraph (D)(iii) for purposes of this subsection shall not be paid for out of any trust fund established under the Social Security Act [42 U.S.C. 301 et seq.].

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

The President shall report to the Congress on the results of demonstration projects conducted under this paragraph.

for individuals and entities to file written, signed complaints respecting potential violations of subsection (a) or (g)(1),

for the investigation of those complaints which, on their face, have a substantial probability of validity,

for the designation in the Service of a unit which has, as its primary duty, the prosecution of cases of violations of subsection (a) or (g)(1) under this subsection.

immigration officers and administrative law judges shall have reasonable access to examine evidence of any person or (B)

administrative law judges, may, if necessary, compel by subpoena the attendance of witnesses and the production of evidence at any designated place or hearing, and

Before imposing an order described in paragraph (4), (5), or (6) against a person or Attorney General) of the date of the notice, a hearing respecting the violation.

Any hearing so requested shall be conducted before an administrative law judge. The hearing shall be conducted in accordance with the requirements of section 554 of title 5. The hearing shall be held at the nearest practicable place to the place where the person or Attorney General’s imposition of the order shall constitute a final and unappealable order.

If the administrative law judge determines, upon the preponderance of the evidence received, that a person or state his findings of fact and issue and cause to be served on such person or (4) Cease and desist order with civil money penalty for hiring, recruiting, and referral violations With respect to a violation of subsection (a)(1)(A) or (a)(2), the order under this subsection—

not less than $3,000 and not more than $10,000 for each such alien in the case of a person or (B) may require the person or (i)

to comply with the requirements of subsection (b) (or subsection (d) if applicable) with respect to individuals hired (or recruited or referred for employment for a fee) during a period of up to three years, and

In applying this subsection in the case of a person or (5) Order for civil money penalty for paperwork violations

With respect to a violation of subsection (a)(1)(B), the order under this subsection shall require the person or (6) Order for prohibited indemnity bonds

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

The decision and order of an administrative law judge shall become the final agency decision and order of the (8) Judicial review

Whenever the permanent or temporary injunction, restraining order, or other order against the person or (g) Prohibition of indemnity bonds

It is unlawful for a person or other (2) Civil penalty

In providing documentation or endorsement of authorization of lawfully admitted for permanent residence) authorized to be employed in the (2) Preemption

The provisions of this section preempt any unauthorized aliens.

As used in this section, the term “ lawfully admitted for permanent residence, or (B) authorized to be so employed by this chapter or by the Attorney General.

This chapter, referred to in subsecs. (b)(2), (5), (d)(2)(F), (G), and (h)(3), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

The Social Security Act, referred to in subsec. (d)(3)(D)(iii), (E), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

2004—Subsec. (b)(1)(A). Pub. L. 108–390, § 1(a)(1), inserted “Such attestation may be manifested by either a hand-written or an electronic signature.” before “A person orPub. L. 108–390, § 1(a)(2), inserted at end “Such attestation may be manifested by either a hand-written or an electronic signature.”

Subsec. (b)(3). Pub. L. 108–390, § 1(a)(3), inserted “a paper, microfiche, microfilm, or electronic version of” after “must retain” in introductory provisions.

Subsec. (b)(1)(B). Pub. L. 104–208, § 412(a)(1)(A), (B), redesignated cl. (v) as (ii), substituted “,Pub. L. 104–208, § 412(a)(1)(C), in subcl. (I), substituted “and” for “or” before “such other personal” and struck out “and” at end, in subcl. (II), substituted “, and” for the period at end, and added subcl. (III).

Subsec. (b)(1)(C). Pub. L. 104–208, § 412(a)(2), inserted “or” at end of cl. (i), redesignated cl. (iii) as (ii), and struck out former cl. (ii) which read as follows: “certificate of birth in thePub. L. 104–208, § 412(a)(3), added subpar. (E).

Subsec. (e)(7). Pub. L. 104–208, § 379(a)(2), substituted “the final agency decision and order under this subsection” for “a final order under this subsection”.

Pub. L. 104–208, § 379(a)(1), substituted “unless either (A) within 30 days, an official delegated by regulation to exercise review authority over the decision and order modifies or vacates the decision and order, or (B) within 30 days of the date of such a modification or vacation (or within 60 days of the date of decision and order of an administrative law judge if not so modified or vacated) the decision and order is referred to theSubsecs. (i) to (n). Pub. L. 104–208, § 412(c), struck out subsec. (i) which provided effective dates for implementation of this section, subsec. (j) which required General Accounting Office reports on implementation of this section, subsec. (k) which established a taskforce to review reports, subsec. (l) which provided a termination date for employer sanctions under this section upon finding of widespread discrimination in implementing this section, and subsecs. (m) and (n) which provided for expedited procedures in House of Representatives and Senate for considering resolutions to approve findings in the reports.

1994—Subsec. (b)(3). Pub. L. 103–416, § 219(z)(4), made technical correction to Pub. L. 102–232, § 306(b)(2). See 1991 Amendment note below.

Subsec. (d)(4)(A). Pub. L. 103–416, § 213, substituted “five” for “three” in second sentence.

1991—Subsec. (b)(1)(D)(ii). Pub. L. 102–232, § 309(b)(11), substituted “clause (i)” for “clause (ii)”.

Subsec. (b)(3). Pub. L. 102–232, § 306(b)(2), as amended by Pub. L. 103–416, § 219(z)(4), made technical correction to Pub. L. 101–649, § 538(a). See 1990 Amendment note below.

1990—Subsec. (a)(1). Pub. L. 101–649, § 521(a), struck out “to hire, or to recruit or refer for a fee, for employment in thesection 1802 of title 29), to hire, or to recruit or refer for a fee, for employment in thePub. L. 101–649, § 538(a), as amended by Pub. L. 102–232, § 306(b)(2), as amended by Pub. L. 103–416, § 219(z)(4), inserted “, the Special Counsel for Immigration-Related Unfair Employment Practices,” after “officers of thePub. L. 100–525, § 2(a)(1)(A), substituted “the first sentence of this paragraph” for “such sentence” and “such another document” for “such a document”.

Subsec. (d)(3)(D). Pub. L. 100–525, § 2(a)(1)(B), in heading substituted “defined” for “requiring two years notice and congressional review”.

Subsec. (e)(1). Pub. L. 100–525, § 2(a)(1)(C)(i), inserted reference to subsec. (g)(1) in three places.

Subsec. (e)(3). Pub. L. 100–525, § 2(a)(1)(C)(i), (ii), inserted reference to subsec. (g)(1) in two places and reference to par. (6) in two places.

Subsec. (e)(4)(A)(ii), (iii). Pub. L. 100–525, § 2(a)(1)(D), substituted “paragraph” for “subparagraph”.

Subsec. (e)(6) to (9). Pub. L. 100–525, § 2(a)(1)(C)(iii), (iv), added par. (6) and redesignated former pars. (6) to (8) as (7) to (9), respectively.

Subsec. (g)(2). Pub. L. 100–525, § 2(a)(1)(E), inserted reference to subsec. (e) of this section.

Subsec. (i)(3)(B)(iii). Pub. L. 100–525, § 2(a)(1)(F), substituted “an order” for “a order” and “subsection (a)(1)(A) of this section” for “paragraph (1)(A)”.

Subsec. (j)(1). Pub. L. 100–525, § 2(a)(1)(G), made technical amendment to provision of original act which was translated as “ November 6, 1986 ,” and struck out “of thePub. L. 100–525, § 2(a)(1)(H), substituted “this section” for “that section”.