Bill Summary
This legislation, titled the "Legal Immigration for the U.S. Act," includes changes and reforms to the legal immigration system, such as the elimination of the Diversity Immigrant Program, changes to the admission of refugees and asylees, and the introduction of a merit-based system for employment-based immigrant visas. It also establishes a bond requirement for certain nonimmigrant aliens and makes English the official language of the United States. The bill also includes provisions related to the denial or revocation of passports for individuals affiliated with foreign terrorist organizations, and modifications to the E-Verify Program. These changes would go into effect on October 1, 2020.
Possible Impacts
1. Under this legislation, individuals seeking legal immigration to the United States may face new restrictions, such as the requirement to post a bond or the elimination of certain immigration programs. These changes could affect their ability to enter the country and reunite with family members or obtain employment opportunities.
2. The E-Verify Program, which is being modified and made permanent under this legislation, will have an impact on both employers and employees. Employers will face stricter requirements for hiring and recruitment, while employees may face challenges in obtaining employment if they are unable to participate in the program.
3. The establishment of English as the official language of the United States under this legislation could have a significant impact on non-English speaking individuals and communities. They may face barriers in accessing government services and participating in official functions, potentially leading to limited opportunities and exclusion from certain aspects of society.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8838 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8838
To overhaul the legal immigration system, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 2, 2020
Mr. King of Iowa introduced the following bill; which was referred to
the Committee on the Judiciary, and in addition to the Committees on
Ways and Means, Foreign Affairs, and Education and Labor, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To overhaul the legal immigration system, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Legal Immigration for the U.S.
Act''.
TITLE I--LEGAL IMMIGRATION
SEC. 101. WORLDWIDE LEVELS OF FAMILY-SPONSORED AND EMPLOYMENT-BASED
IMMIGRANTS.
(a) Family-Sponsored Immigrants.--Section 201(c) of the Immigration
and Nationality Act (8 U.S.C. 1151(c)) is amended to read as follows:
``(c) Worldwide Level of Family-Sponsored Immigrants.--The
worldwide level of family-sponsored immigrants is capped at 195,000 for
each fiscal year.''.
(b) Employment-Based Immigrants.--Section 201(d) of the Immigration
and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows:
``(c) Worldwide Level of Employment-Based Immigrants.--The
worldwide level of employment-based immigrants is capped at 480,000 for
each fiscal year.''.
SEC. 102. PARENTS OF CITIZENS.
Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)) is amended in the first sentence by striking
the period at the end and inserting ``and shall demonstrate that the
parent has a financial or physical need to reside in the household of
the citizen.''.
SEC. 103. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM.
(a) Worldwide Level of Diversity Immigrants.--Section 201 of the
Immigration and Nationality Act (8 U.S.C. 1151) is amended--
(1) in subsection (a)--
(A) by inserting ``and'' at the end of paragraph
(1);
(B) by striking ``; and'' at the end of paragraph
(2) and inserting a period; and
(C) by striking paragraph (3); and
(2) by striking subsection (e).
(b) Allocation of Diversity Immigrant Visas.--Section 203 of such
Act (8 U.S.C. 1153) is amended--
(1) by striking subsection (c);
(2) in subsection (d), by striking ``(a), (b), or (c),''
and inserting ``(a) or (b),'';
(3) in subsection (e), by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2);
(4) in subsection (f), by striking ``(a), (b), or (c)'' and
inserting ``(a) or (b)''; and
(5) in subsection (g), by striking ``(a), (b), and (c)''
and inserting ``(a) and (b)''.
(c) Procedure for Granting Immigrant Status.--Section 204 of such
Act (8 U.S.C. 1154) is amended--
(1) by striking subsection (a)(1)(I); and
(2) in subsection (e), by striking ``(a), (b), or (c)'' and
inserting ``(a) or (b)''.
SEC. 104. ANNUAL ADMISSION OF REFUGEES AND ASYLEES.
Section 207(a) of the Immigration and Nationality Act (8 U.S.C.
1157(a)) is amended by adding at the end the following:
``(5) The number of refugees who may be admitted under this
section, and the number of aliens granted asylum whose status may be
adjusted under section 209, may not exceed a total of 50,000 in any
fiscal year after fiscal year 2020.''.
SEC. 105. ELIMINATION OF ADJUSTMENT OF STATUS EXCEPTION.
Section 245(c) of the Immigration and Nationality Act (8 U.S.C.
1255(c)) is amended by striking ``(other than an immediate relative as
defined in section 201(b) or a special immigrant described in section
101(a)(27)(H), (I), (J), or (K))''.
SEC. 106. MERIT-BASED ALLOCATION OF EMPLOYMENT-BASED IMMIGRANT VISAS.
Section 203(b) of the Immigration and Nationality Act (8 U.S.C.
1153(b)) is amended by striking paragraph (1) and all that follows
through the end and inserting the following:
``(1) In general.--Visas made available under this
subsection shall be awarded based on a 5-factor, 100-point
assessment. Applicants who score 67 and higher may qualify.
Those who score lower than 67 do not qualify, but can work on
the requisite qualifications and try again.
``(2) Awarding of points.--Points are awarded as follows:
``(A) English language skills (reading, writing,
listening and speaking) (maximum 28 points)--completed
through an approved test administered by the Department
of State. A maximum of 7 points each is allocated for
each skill area.
``(B) Education (maximum of 20 points).
``(C) Work experience (maximum of 20 points) for
demonstrating substantive experience in a critical
needs occupation in the economy of the United States,
as determined by the Secretary of Labor under paragraph
(3).
``(D) Arranged employment in the United States
(maximum of 10 points) for demonstrating a job offer of
at least 1 year from an employer in the United States
in a critical needs occupation.
``(E) Adaptability (maximum of 10 points) for
demonstrating, through use of the English language,
past or present ties with the United States (such as a
spouse, family, studies, work, arranged employment)
that would enable an individual to assimilate well into
life and work in the United States.
``(F) Age-based points are assessed for age on the
date that the petition for classification under section
204 is received, as follows:
``(i) Zero points for aliens under 18 years
of age and over 46 years of age.
``(ii) Twelve points for aliens 18 to 35
years of age.
``(iii) Eleven points for aliens 36 years
of age.
``(iv) Ten points for aliens 37 years of
age.
``(v) Nine points for aliens 38 years of
age.
``(vi) Eight points for aliens 39 years of
age.
``(vii) Seven points for aliens 40 years of
age.
``(viii) Six points for aliens 41 years of
age.
``(ix) Five points for aliens 42 years of
age.
``(x) Four points for aliens 43 years of
age.
``(xi) Three points for aliens 44 years of
age.
``(xii) Two points for aliens 45 years of
age.
``(xiii) One point for aliens 46 years of
age.
``(3) Determination of critical needs.--The Secretary of
Labor shall determine critical needs occupations by examining
job openings, hires, and total separations by industry during
each month in which an alien's qualifications may be
assessed.''.
SEC. 107. EFFECTIVE DATE.
The amendments made by this title shall take effect on October 1,
2020.
TITLE II--NATURALIZATION REFORM
SEC. 201. GOOD MORAL CHARACTER.
Section 101(f)(7) of the Immigration and Nationality Act (8 U.S.C.
1101(f)(7)) is amended to read as follows:
``(7) one who at any time is convicted of a crime for which
the term of imprisonment is in excess of 180 days;''.
SEC. 202. ENGLISH AND CIVICS EXAMS.
Section 312(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1423(a)(2)) is amended by striking ``United States.'' and inserting
``United States by means of successful completion of an examination
administered only in English.''.
SEC. 203. INVESTIGATION OF APPLICANTS.
Section 335(a) of the Immigration and Nationality Act (8 U.S.C.
1446(a)) is amended by adding at the end the following: ``Each
applicant for naturalization shall have a background check interview
conducted in English.''.
SEC. 204. MARRIED PERSONS.
Section 319(a) of the Immigration and Nationality Act (8 U.S.C.
1430(a)) is amended by striking ``for at least three'' and inserting
``for at least five''.
TITLE III--BIRTHRIGHT CITIZENSHIP ACT
SEC. 301. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS BORN IN THE UNITED
STATES.
(a) In General.--Section 301 of the Immigration and Nationality Act
(8 U.S.C. 1401) is amended--
(1) by inserting ``(a) In General.--'' before ``The
following'';
(2) by redesignating subsections (a) through (h) as
paragraphs (1) through (8), respectively; and
(3) by adding at the end the following:
``(b) Definition.--Acknowledging the right of birthright
citizenship established by section 1 of the 14th amendment to the
Constitution, a person born in the United States shall be considered
`subject to the jurisdiction' of the United States for purposes of
subsection (a)(1) if the person is born in the United States of
parents, one of whom is--
``(1) a citizen or national of the United States;
``(2) an alien lawfully admitted for permanent residence in
the United States whose residence is in the United States; or
``(3) an alien performing active service in the armed
forces (as defined in section 101 of title 10, United States
Code).''.
(b) Applicability.--The amendment made by subsection (a)(3) shall
not be construed to affect the citizenship or nationality status of any
person born before the date of the enactment of this Act.
TITLE IV--RELIGIOUS WORKER VISA RECIPROCITY ACT
SEC. 401. REQUIRING RECIPROCAL IMMIGRATION TREATMENT.
Section 204(a)(1)(G) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)(G)) is amended by adding at the end the following:
``(iii) Beginning on October 1, 2019, no petition may be approved
for classification of an alien as a special immigrant under section
101(a)(27)(C) if the Secretary of Homeland Security has determined that
the country of the alien's nationality--
``(I) is identified as a `Country of Particular Concern' or
a country where religious freedom is of significant interest in
the 2013 International Religious Freedom Report; or
``(II) does not extend reciprocal immigration treatment to
nationals of the United States who are seeking resident status
in order to work in a religious vocation or occupation.''.
TITLE V--TERMINATE THE EB-5 PROGRAM
SEC. 501. TERMINATION OF EB-5 PROGRAM.
(a) Repeal of Provisions.--Effective on the date of the enactment
of this Act, the following provisions are repealed:
(1) Section 203(b)(5) of the Immigration and Nationality
Act (8 U.S.C. 1153(b)(5)).
(2) Section 204(a)(1)(H) of the Immigration and Nationality
Act (8 U.S.C. 1154(a)(1)(H)).
(3) Section 216A of the Immigration and Nationality Act (8
U.S.C. 1186b).
(4) Section 610 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 1993 (8 U.S.C. 1153 note).
(b) Applicability.--Beginning on the date of the enactment of this
Act, the Secretary of Homeland Security--
(1) shall cease to accept petitions and applications under
any authority repealed under subsection (a); and
(2) shall dismiss all pending petitions and applications
described in paragraph (1).
TITLE VI--THE E-BONDING FOR IMMIGRATION INTEGRITY ACT
SEC. 601. REQUIREMENT OF BOND.
(a) Bond Required.--Prior to arriving at a port of entry of the
United States, an alien seeking admission to the United States shall
post a bond, in accordance with subsection (d), in an amount determined
by the Secretary if such alien seeks admission to the United States as
a nonimmigrant in a category--
(1) described under subparagraph (B), (F), (H)(ii)(b),
(H)(ii)(b), or (K) of section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)); or
(2) identified by the Secretary, in accordance with section
502, to have a visa overstay rate that is more than 1.5
percent.
(b) Amount of Bond.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall, by rule, establish the
amount of the bond required by subsection (a) for each visa category
under subsection (a)(1) and each visa category identified by the
Secretary under section 502, which amount shall--
(1) be not less than $2,500 and not more than $10,000; and
(2) be determined based on the Secretary's assessment of
the level of risk of visa overstays for that category.
(c) Adjustment of Amount of Bond.--On an annual basis, the
Secretary shall review, and, as appropriate, adjust the amounts of the
bonds described in subsection (b).
(d) Payment of Bond.--An alien required to post the bond under
subsection (a) shall post such bond--
(1) in electronic form; and
(2) with a bonding agent designated by the Secretary as
qualified to hold such bond.
(e) Release of Bond.--The Secretary shall authorize a bonding agent
to release a bond--
(1) to an alien required to post such bond--
(A) after receiving a notification from the United
States embassy or consulate in the alien's country of
origin that such alien departed the United States and
returned to such country of origin; or
(B) if such alien changed or adjusted their status
to an immigration status not required to post a bond
under this section.
(2) to the E-bond Enforcement Fund under section 503 upon a
determination by the Secretary that an alien--
(A) overstayed their visa; or
(B) did not return to their country of origin
following the termination of their visa.
(f) Change of Status.--An alien who has been admitted to the United
States and who is required to post a bond under subsection (a) may be
required to post an additional bond if such alien changes their status
to that of a nonimmigrant in a category required to pay a higher bond
under this section.
(g) Collection of Records Relating to Bonds.--The United States
Embassy or United States consular office in the alien's country of
origin shall collect any records necessary to carry out this section.
(h) Effective Date.--This section shall take effect on the date
that is 120 calendar days after the enactment of this Act.
SEC. 602. VISA OVERSTAY RATE CATEGORIES.
The Secretary shall identify--
(1) the visa overstay rate for each category of
nonimmigrant aliens described under section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) in the
previous year; and
(2) each category of nonimmigrant aliens described under
such section that had a visa overstay rate in the previous year
that was more than 1.5 percent.
SEC. 603. E-BOND ENFORCEMENT FUND.
(a) In General.--There is established in the general fund of the
Treasury a separate account, which shall be known as the ``E-bond
Enforcement Fund'' (in this subsection referred to as the ``Fund'').
(b) Deposits.--There shall be deposited as offsetting receipts into
the Fund all amounts released under section 501(e)(2) of this title.
(c) Use of Amounts.--Amounts deposited into the Fund shall remain
available until expended and shall be refunded out of the Fund by the
Secretary of the Treasury, to the Secretary of Homeland Security to--
(1) ensure compliance with this title; and
(2) administer enforcement programs.
SEC. 604. REPORT.
Not later than 120 days after the date of the enactment of this
Act, and each year thereafter, the Secretary shall submit to the
committees of appropriate jurisdiction a report that includes--
(1) the visa overstay rate for each category of
nonimmigrant alien described under section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) in the
previous year;
(2) the categories that had a visa overstay rate in the
previous year that was more than 1.5 percent, as determined by
the Secretary in accordance with section 502;
(3) the amounts of the bonds, as determined by the
Secretary in accordance with section 501;
(4) information relating to the Fund under section 503; and
(5) any other information determined appropriate by the
Secretary.
SEC. 605. DEFINITIONS.
In this title:
(1) Committees of appropriate jurisdiction.--The term
``committees of appropriate jurisdiction'' means--
(A) the Committee on the Judiciary of the House of
Representatives;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Homeland Security of the House
of Representatives; and
(D) the Committee on Homeland Security and
Governmental Affairs of the Senate.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security, unless otherwise provided.
(3) Visa overstay rate.--The term ``visa overstay rate''
means the ratio of, for each category of nonimmigrant aliens
described in section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101 (a)(15))--
(A) the number of aliens admitted to the United
States for each such category whose period of
authorized stays ended during a fiscal year but who
remained unlawfully in the United States beyond such
period; to
(B) the total number of aliens admitted to the
United States for each such category during that fiscal
year.
TITLE VII--ENGLISH LANGUAGE UNITY ACT
SEC. 701. FINDINGS.
The Congress finds and declares the following:
(1) The United States is comprised of individuals from
diverse ethnic, cultural, and linguistic backgrounds, and
continues to benefit from this rich diversity.
(2) Throughout the history of the United States, the common
thread binding individuals of differing backgrounds has been
the English language.
(3) Among the powers reserved to the States respectively is
the power to establish the English language as the official
language of the respective States, and otherwise to promote the
English language within the respective States, subject to the
prohibitions enumerated in the Constitution of the United
States and in laws of the respective States.
SEC. 702. ENGLISH AS OFFICIAL LANGUAGE OF THE UNITED STATES.
(a) In General.--Title 4, United States Code, is amended by adding
at the end the following new chapter:
``CHAPTER 6--OFFICIAL LANGUAGE
``Sec. 161. Official language of the United States
``The official language of the United States is English.
``Sec. 162. Preserving and enhancing the role of the official language
``Representatives of the Federal Government shall have an
affirmative obligation to preserve and enhance the role of English as
the official language of the Federal Government. Such obligation shall
include encouraging greater opportunities for individuals to learn the
English language.
``Sec. 163. Official functions of Government to be conducted in English
``(a) Official Functions.--The official functions of the Government
of the United States shall be conducted in English.
``(b) Scope.--For the purposes of this section, the term `United
States' means the several States and the District of Columbia, and the
term `official' refers to any function that (i) binds the Government,
(ii) is required by law, or (iii) is otherwise subject to scrutiny by
either the press or the public.
``(c) Practical Effect.--This section shall apply to all laws,
public proceedings, regulations, publications, orders, actions,
programs, and policies, but does not apply to--
``(1) teaching of languages;
``(2) requirements under the Individuals with Disabilities
Education Act;
``(3) actions, documents, or policies necessary for
national security, international relations, trade, tourism, or
commerce;
``(4) actions or documents that protect the public health
and safety;
``(5) actions or documents that facilitate the activities
of the Bureau of the Census in compiling any census of
population;
``(6) actions that protect the rights of victims of crimes
or criminal defendants; or
``(7) using terms of art or phrases from languages other
than English.
``Sec. 164. Uniform English language rule for naturalization
``(a) Uniform Language Testing Standard.--All citizens should be
able to read and understand generally the English language text of the
Declaration of Independence, the Constitution, and the laws of the
United States made in pursuance of the Constitution.
``(b) Ceremonies.--All naturalization ceremonies shall be conducted
in English.
``Sec. 165. Rules of construction
``Nothing in this chapter shall be construed--
``(1) to prohibit a Member of Congress or any officer or
agent of the Federal Government, while performing official
functions, from communicating unofficially through any medium
with another person in a language other than English (as long
as official functions are performed in English);
``(2) to limit the preservation or use of Native Alaskan or
Native American languages (as defined in the Native American
Languages Act);
``(3) to disparage any language or to discourage any person
from learning or using a language; or
``(4) to be inconsistent with the Constitution of the
United States.
``Sec. 166. Standing
``A person injured by a violation of this chapter may in a civil
action (including an action under chapter 151 of title 28) obtain
appropriate relief.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
title 4, United States Code, is amended by inserting after the item
relating to chapter 5 the following new item:
``Chapter 6. Official Language''.
SEC. 703. GENERAL RULES OF CONSTRUCTION FOR ENGLISH LANGUAGE TEXTS OF
THE LAWS OF THE UNITED STATES.
(a) In General.--Chapter 1 of title 1, United States Code, is
amended by adding at the end the following new section:
``Sec. 9. General rules of construction for laws of the United States
``(a) English language requirements and workplace policies, whether
in the public or private sector, shall be presumptively consistent with
the laws of the United States.
``(b) Any ambiguity in the English language text of the laws of the
United States shall be resolved, in accordance with the last two
articles of the Bill of Rights, not to deny or disparage rights
retained by the people, and to reserve powers to the States
respectively, or to the people.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 1 of title 1, is amended by inserting after the item relating
to section 8 the following new item:
``9. General rules of construction for laws of the United States.''.
SEC. 704. IMPLEMENTING REGULATIONS.
The Secretary of Homeland Security shall, within 180 days after the
date of enactment of this Act, issue for public notice and comment a
proposed rule for uniform testing English language ability of
candidates for naturalization, based upon the principles that--
(1) all citizens should be able to read and understand
generally the English language text of the Declaration of
Independence, the Constitution, and the laws of the United
States which are made in pursuance thereof; and
(2) any exceptions to this standard should be limited to
extraordinary circumstances, such as asylum.
SEC. 705. EFFECTIVE DATE.
The amendments made by sections 702 and 703 shall take effect on
the date that is 180 days after the date of the enactment of this Act.
TITLE VIII--EXPATRIATE TERRORIST ACT
SEC. 801. LOSS OF NATIONALITY DUE TO SUPPORT OF TERRORISM.
Section 349(a) of the Immigration and Nationality Act (8 U.S.C.
1481(a)) is amended to read as follows:
``(a) In General.--A person who is a national of the United States
whether by birth or naturalization, shall lose his or her nationality
by voluntarily performing any of the following acts with the intention
of relinquishing United States nationality:
``(1) Obtaining naturalization in a foreign state upon his
or her own application or upon an application filed by a duly
authorized agent, after having attained 18 years of age.
``(2) Taking an oath or making an affirmation or other
formal declaration of allegiance to a foreign state, a
political subdivision thereof, or a foreign terrorist
organization designated under section 219, after having
attained 18 years of age.
``(3) Entering, or serving in, the armed forces of a
foreign state or a foreign terrorist organization designated
under section 219 if--
``(A) such armed forces are engaged in hostilities
against the United States; or
``(B) such persons serve as a commissioned or
noncommissioned officer.
``(4) Becoming a member of, or providing training or
material assistance to, any foreign terrorist organization
designated under section 219.
``(5) Accepting, serving in, or performing the duties of
any office, post, or employment under the government of a
foreign state, a political subdivision thereof, or a foreign
terrorist organization designated under section 219 if--
``(A) the person knowingly has or acquires the
nationality of such foreign state; or
``(B) an oath, affirmation, or declaration of
allegiance to the foreign state, political subdivision,
or designated foreign terrorist organization is
required for such office, post, or employment.
``(6) Making a formal renunciation of United States
nationality before a diplomatic or consular officer of the
United States in a foreign state, in such form as may be
prescribed by the Secretary of State.
``(7) Making in the United States a formal written
renunciation of nationality in such form as may be prescribed
by, and before such officer as may be designated by, the
Attorney General, whenever the United States shall be in a
state of war and the Attorney General shall approve such
renunciation as not contrary to the interests of national
defense.
``(8)(A) Committing any act of treason against, or
attempting by force to overthrow, or bearing arms against, the
United States;
``(B) violating or conspiring to violate any of the
provisions of section 2383 of title 18, United States Code;
``(C) willfully performing any act in violation of section
2385 of title 18, United States Code; or
``(D) violating section 2384 of such title by engaging in a
conspiracy to overthrow, put down, or to destroy by force the
Government of the United States, or to levy war against them,
if and when such person is convicted thereof by a court martial
or by a court of competent jurisdiction.''.
SEC. 802. REVOCATION OR DENIAL OF PASSPORTS AND PASSPORT CARDS TO
INDIVIDUALS WHO ARE MEMBERS OF FOREIGN TERRORIST
ORGANIZATIONS.
The Act entitled ``An Act to regulate the issue and validity of
passports, and for other purposes'', approved July 3, 1926 (22 U.S.C.
211a et seq.), which is commonly known as the ``Passport Act of 1926'',
is amended by adding at the end the following:
``SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT AND PASSPORT CARD.
``(a) Ineligibility.--
``(1) Issuance.--The Secretary of State shall not issue a
passport or passport card to any individual whom the Secretary
has determined is a member, or is attempting to become a
member, of an organization the Secretary has designated as a
foreign terrorist organization pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
``(2) Revocation.--The Secretary of State shall revoke a
passport or passport card previously issued to any individual
described in paragraph (1).
``(b) Right of Review.--Any person who, in accordance with this
section, is denied issuance of a passport or passport card by the
Secretary of State, or whose passport or passport card is revoked or
otherwise restricted by the Secretary of State, may request a due
process hearing not later than 60 days after receiving such notice of
the nonissuance, revocation, or restriction.''.
TITLE IX--NO DEDUCTION OF WAGES PAID TO UNAUTHORIZED ALIENS
SEC. 901. CLARIFICATION THAT WAGES PAID TO UNAUTHORIZED ALIENS MAY NOT
BE DEDUCTED FROM GROSS INCOME.
(a) In General.--Subsection (c) of section 162 of the Internal
Revenue Code of 1986 (relating to illegal bribes, kickbacks, and other
payments) is amended by adding at the end the following new paragraph:
``(4) Wages paid to or on behalf of unauthorized aliens.--
``(A) In general.--No deduction shall be allowed
under subsection (a) for any wage paid to or on behalf
of an unauthorized alien, as defined under section
274A(h)(3) of the Immigration and Nationality Act (8
U.S.C. 1324a(h)(3)).
``(B) Wages.--For the purposes of this paragraph,
the term `wages' means all remuneration for employment,
including the cash value of all remuneration (including
benefits) paid in any medium other than cash.
``(C) Safe harbor.--If a person or other entity is
participating 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) and obtains confirmation of identity and
employment eligibility in compliance with the terms and
conditions of the program with respect to the hiring
(or recruitment or referral) of an employee,
subparagraph (A) shall not apply with respect to wages
paid to such employee.
``(D) Burden of proof.--In the case of any
examination of a return in connection with a deduction
under this section by reason of this paragraph, the
Secretary shall bear the burden of proving that wages
were paid to or on behalf of an unauthorized alien.
``(E) Limitation on taxpayer audit.--The Secretary
may not commence an audit or other investigation of a
taxpayer solely on the basis of a deduction taken under
this section by reason of this paragraph.''.
(b) Six-Year Limitation on Assessment and Collection.--Subsection
(c) of section 6501 of the Internal Revenue Code of 1986 (relating to
exceptions) is amended by adding at the end the following new
paragraph:
``(12) Deduction claimed for wages paid to unauthorized
aliens.--In the case of a return of tax on which a deduction is
shown in violation of section 162(c)(4), any tax under chapter
1 may be assessed, or a proceeding in court for the collection
of such tax may be begun without assessment, at any time within
6 years after the return was filed.''.
(c) Use of Documentation for Enforcement Purposes.--Section 274A of
the Immigration and Nationality Act (8 U.S.C. 1324a) is amended--
(1) in subparagraph (b)(5), by inserting ``, section
162(c)(4) of the Internal Revenue Code of 1986,'' after
``enforcement of this Act'';
(2) in subparagraph (d)(2)(F), by inserting ``, section
162(c)(4) of the Internal Revenue Code of 1986,'' after
``enforcement of this Act''; and
(3) in subparagraph (d)(2)(G), by inserting ``section
162(c)(4) of the Internal Revenue Code of 1986 or'' after ``or
enforcement of''.
(d) Availability of Information.--
(1) In general.--The Commissioner of Social Security, the
Secretary of the Department of Homeland Security, and the
Secretary of the Treasury, shall jointly establish a program to
share information among such agencies that may or could lead to
the identification of unauthorized aliens (as defined under
section 274A(h)(3) of the Immigration and Nationality Act),
including any no-match letter, any information in the earnings
suspense file, and any information in the investigation and
enforcement of section 162(c)(4) of the Internal Revenue Code
of 1986.
(2) Disclosure by secretary of the treasury.--
(A) In general.--Subsection (i) of section 6103 of
the Internal Revenue Code of 1986 is amended by adding
at the end the following new paragraph:
``(9) Payment of wages to unauthorized aliens.--Upon
request from the Commissioner of the Social Security
Administration or the Secretary of the Department of Homeland
Security, the Secretary shall disclose to officers and
employees of such Administration or Department--
``(A) taxpayer identity information of employers
who paid wages with respect to which a deduction was
not allowed by reason of section 162(c)(4), and
``(B) taxpayer identity information of individuals
to whom such wages were paid,
for purposes of carrying out any enforcement activities of such
Administration or Department with respect to such employers or
individuals.''.
(B) Recordkeeping.--Paragraph (4) of section
6103(p) of such Code is amended--
(i) by striking ``(5), or (7)'' in the
matter preceding subparagraph (A) and inserting
``(5), (7), or (9)''; and
(ii) by striking ``(5) or (7)'' in
subparagraph (F)(ii) and inserting ``(5), (7),
or (9)''.
(e) Effective Date.--
(1) Except as provided in paragraph (2), this Act and the
amendments made by this Act shall take effect on the date of
the enactment of this Act.
(2) The amendments made by subsections (a) and (b) shall
apply to taxable years beginning after December 31, 2020.
SEC. 902. MODIFICATION OF E-VERIFY PROGRAM.
(a) Making Permanent.--Subsection (b) of section 401 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note) is amended by striking the last sentence.
(b) Application to Current Employees.--
(1) Voluntary election.--The first sentence of section
402(a) of such Act is amended to read as follows: ``Any person
or other entity that conducts any hiring (or recruitment or
referral) in a State or employs any individuals in a State may
elect to participate in the E-Verify Program.''.
(2) Benefit of rebuttable presumption.--Paragraph (1) of
section 402(b) of such Act is amended by adding at the end the
following: ``If a person or other entity is participating in
the E-Verify Program and obtains confirmation of identity and
employment eligibility in compliance with the terms and
conditions of the program with respect to individuals employed
by the person or entity, the person or entity has established a
rebuttable presumption that the person or entity has not
violated section 274A(a)(2) with respect to such
individuals.''.
(3) Scope of election.--Subparagraph (A) of section
402(c)(2) of such Act is amended to read as follows:
``(A) In general.--Any electing person or other
entity may provide that the election under subsection
(a) shall apply (during the period in which the
election is in effect)--
``(i) to all its hiring (and all
recruitment or referral);
``(ii) to all its hiring (and all
recruitment or referral and all individuals
employed by the person or entity);
``(iii) to all its hiring (and all
recruitment or referral) in one or more States
or one or more places of hiring (or recruitment
or referral, as the case may be); or
``(iv) to all its hiring (and all
recruitment or referral and all individuals
employed by the person or entity) in one or
more States or one or more place of hiring (or
recruitment or referral or employment, as the
case may be).''.
(4) Procedures for participants in e-verify program.--
Subsection (a) of section 403 of such Act is amended--
(A) in the matter preceding paragraph (1), by
inserting ``or continued employment in the United
States'' after ``United States''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking all
that follows ``(as specified by the Secretary
of Homeland Security)'' and inserting ``after
the date of the hiring, or recruitment or
referral, in the case of inquiries made
pursuant to a hiring, recruitment or referral
(and not of previously hired individuals).'';
and
(ii) in subparagraph (B), by striking
``such 3 working days'' and inserting ``the
specified period''.
(c) Application to Job Applicants.--Section 402(c)(2) of such Act
is amended by adding at the end the following:
``(C) Job offer may be made conditional on final
confirmation by e-verify.--A person or other entity
that elects to participate in the E-Verify Program may
offer a prospective employee an employment position
conditioned on final verification of the identity and
employment eligibility of the employee using the
employment eligibility confirmation system established
under section 404.''.
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