Jobs for Americans Act of 2011 - Authorizes states and their political subdivisions to enact and enforce laws that help identify illegal aliens, deter illegal aliens from entering the United States, apprehend illegal aliens, or encourage or cause illegal aliens to leave the United States.
Prohibits states and their political subdivisions from enacting or enforcing laws that are inconsistent with federal statutes that define the lawful status of persons who are in the United States.
Prohibits any law from preempting any state or local law imposing civil or criminal sanctions upon persons who knowingly aid or abet, in any way, the presence of an illegal alien within the borders of the United States.
Exempts from civil and criminal liability any person or entity for taking an action or failing to take an action that was undertaken in good faith to comply with the law.
Amends the Immigration and Nationality Act regarding the unlawful employment of aliens to prohibit any law from preempting any state or local law imposing civil or criminal sanctions upon persons who knowingly employ, recruit, or refer for a fee an unauthorized alien.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2670 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2670
To provide that States and local governments may pass laws that
identify illegal aliens, deter illegal aliens from entering the United
States, apprehend illegal aliens, or encourage or otherwise cause
illegal aliens to leave the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2011
Mr. Brooks (for himself, Mr. Burton of Indiana, Mr. Carter, Mr.
Palazzo, and Mr. Woodall) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide that States and local governments may pass laws that
identify illegal aliens, deter illegal aliens from entering the United
States, apprehend illegal aliens, or encourage or otherwise cause
illegal aliens to leave the United States, 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 ``Jobs for Americans Act of 2011''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The security of the United States and its citizens is
dependent on the ability of the United States to regulate the
immigration of aliens into the United States.
(2) The economic disparity between the United States and
other countries is a prime factor in the desire of aliens to
enter the United States illegally.
(3) Federal law prohibits the employment of illegal aliens
in the United States. Nonetheless, illegal aliens routinely
find employment within the United States.
(4) Employment of illegal aliens in the United States
undermines our system of lawful immigration, undermines job
opportunities for American workers, undermines the wages for
many American workers, and increases the number of Americans
who are dependent on Federal and State programs for monetary
assistance.
(5) The laws, regulations, policies, and efforts of the
United States concerning illegal aliens have been insufficient
to stop or adequately stem the flow of illegal aliens into the
United States.
(6) The United States welcomes the assistance of State,
county, and municipal governments in the effort to identify
illegal aliens, deter illegal aliens from entering the United
States, apprehend illegal aliens, and encourage or otherwise
cause illegal aliens to leave the United States.
(7) States, counties, and municipal governments have
inherent authority to investigate, identify, apprehend, arrest,
detain, or transfer illegal aliens to the United States and to
assist the United States in the enforcement of the immigration
laws of the United States. This State, county, and municipal
authority has never been displaced or preempted by Congress.
(8) The Attorney General should not use taxpayer funds to
sue States, counties, or municipal governments that enact their
own illegal immigration legislation because of the failure of
the United States to adequately act on this issue.
(9) State, county, and municipal governments should be
supported for taking actions to discourage illegal immigration.
SEC. 3. EMPOWERING STATE AND LOCAL GOVERNMENTS TO HELP THE FEDERAL
GOVERNMENT STOP ILLEGAL ALIENS.
(a) Limited Preemption of State and Local Laws.--
(1) In general.--States, and political subdivisions of
States, are authorized to enact and enforce laws that help
identify illegal aliens, deter illegal aliens from entering the
United States, apprehend illegal aliens, or encourage or
otherwise cause illegal aliens to leave the United States.
States, and political subdivisions of States, may not enact or
enforce laws that are inconsistent with Federal statutes that
define the lawful status of persons who are in the United
States.
(2) Construction.--This subsection shall be broadly
construed to permit and empower State and political
subdivisions of States to address illegal alien issues within
their jurisdictions.
(3) Definition.--For purposes of this subsection, the term
``illegal alien'' means an alien unlawfully present in the
United States, as defined by Federal law.
(b) Nonpreemption of State and Local Laws on Aiding and Abetting
Illegal Aliens.--Neither the provisions of this section, nor any other
law, preempt any State or local law imposing civil or criminal
sanctions upon persons who knowingly aid or abet, in any way, the
presence of an illegal alien within the borders of the United States.
(c) Unlawful Employment of Aliens.--Section 274A(h)(2) of the
Immigration and Nationality Act (8 U.S.C. 1324a(h)(2)) is amended to
read as follows:
``(2) Nonpreemption.--Neither the provisions of this
section, nor any other law, preempt any State or local law
imposing civil or criminal sanctions upon persons who knowingly
employ, recruit, or refer for a fee for employment, an
unauthorized alien.''.
(d) Immunity.--No person or entity shall be civilly or criminally
liable for taking an action, or failing to take an action, if such
action or inaction was undertaken in good faith to comply with a law
described in subsection (a)(1) or (b).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration Policy and Enforcement.
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