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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10415 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10415
To amend the Immigration and Nationality Act to provide that employment
authorization is only available to aliens who are lawfully present in
the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 16, 2024
Mr. Arrington introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on Energy
and Commerce, Ways and Means, Education and the Workforce,
Transportation and Infrastructure, and Oversight and Accountability,
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 amend the Immigration and Nationality Act to provide that employment
authorization is only available to aliens who are lawfully present in
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 ``Tough Love Act''.
SEC. 2. RESERVING EMPLOYMENT AUTHORIZATION FOR LAWFULLY PRESENT ALIENS.
(a) In General.--Title I of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended by adding at the end the following:
``SEC. 107. RESERVING EMPLOYMENT AUTHORIZATION FOR LAWFULLY PRESENT
ALIENS.
``(a) In General.--The Secretary of Homeland Security shall only
authorize any `employment authorized' endorsement or other appropriate
work permit for any alien who--
``(1) has been admitted to the United States and has lawful
immigration status in the United States;
``(2) entered the United States at a port of entry; and
``(3) has not been issued an order of removal from an
immigration judge or been otherwise ordered removed from the
United States by any other Federal official.
``(b) No Waiver Authority.--The Secretary of Homeland Security
shall not have the authority to waive the limitations established by
subsection (a).''.
(b) Limitation on Employment Authorization Authority.--Section
241(a)(7) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(7))
is amended to read as follows:
``(7) In general.--The Secretary of Homeland Security shall
not authorize any `employment authorized' endorsement or other
appropriate work permit for any alien who--
``(A) does not have lawful immigration status in
the United States;
``(B) has been issued a removal order from an
immigration judge or been otherwise ordered removed
from the United States by any other Federal official;
``(C) has not been granted asylum by an immigration
judge; or
``(D) has had his or her asylum application denied
by an immigration judge.
The Secretary of Homeland Security shall not have the authority
to waive the limitations established under this paragraph.''.
(c) No Employment Authorization Documentation for Travel.--
Regardless of immigration status of an alien, no `employment
authorized' endorsement or other appropriate work permit shall be
accepted by the Federal Aviation Administration or Transportation
Security Administration for the purposes of identification or travel.
(d) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act is amended by inserting after the item related to
section 107 the following:
``107. Reserving employment authorization for lawfully present
aliens.''.
SEC. 3. MANDATORY DETENTION FOR ALIENS ORDERED REMOVED.
Section 241(a) of the Immigration and Nationality Act (8 U.S.C.
1231(a)) is amended--
(1) in paragraph (1)(C), by striking ``the alien may remain
in detention'' and inserting ``the alien shall remain in
detention''; and
(2) by repealing paragraph (3).
SEC. 4. RESTRICTION ON PROVIDING MEDICAL CARE TO ALIENS WITHOUT LAWFUL
IMMIGRATION STATUS.
(a) In General.--Beginning in the first fiscal year that begins
after the date of enactment of this Act, in order to be eligible for
Medicare or Medicaid funding, or other health care related Federal
funding (or any Federal grant), a State shall--
(1) not provide non-emergency or chronic condition medical
treatment to an alien without lawful immigration status in the
United States; and
(2) report to Congress, on an annual basis, the cost of
providing emergency medical care to aliens without lawful
immigration status in that State.
(b) Impact on Federal Funding.--If a State cannot demonstrate its
compliance with subsection (a) before the date that is 6 months after
the date of enactment of this Act, the President shall instruct all
agency heads to, within 30 days of the notification by the President,
cease the disbursal of all Federal funding to that State.
(c) Statement Regarding Medical Treatment for Aliens Not Lawfully
Present.--Nothing in this section shall be construed to prohibit or
discourage any type of medical treatment of any alien who is not
lawfully present in the United States, except that such treatment shall
be fully funded by the State that provides such treatment, and no
Medicare, Medicaid, or other health care related Federal funding, or
any Federal grant, may be used for such treatment.
SEC. 5. RESTRICTION ON PROVIDING EDUCATION TO ALIENS WITHOUT LAWFUL
IMMIGRATION STATUS.
(a) Elementary and Secondary Education.--Beginning in the first
fiscal year that begins after the date of enactment of this Act, in
order to be eligible for any Federal grant that provides any funding
for elementary or secondary education, a State or local education
agency or school district shall be required to demonstrate that it does
not offer or provide any educational services to any alien who does not
have lawful immigration status in the United States.
(b) State Undergraduate and Graduate Education.--Beginning in the
first fiscal year that begins after the date of enactment of this Act,
in order to be eligible for any Federal grant that provides any funding
for undergraduate or graduate education or Federal loan or scholarship
support for attending students, a State college or university shall be
required to demonstrate that it does not offer or provide any
educational services to any alien who does not have lawful immigration
status in the United States.
(c) Private Undergraduate and Graduate Education.--Beginning in the
first fiscal year that begins after the date of enactment of this Act,
in order to be eligible for any Federal grant that provides any funding
for undergraduate or graduate education or Federal loan or scholarship
support for attending students, a private college or university shall
be required to demonstrate that it does not offer or provide any
educational services to any alien who does not have lawful immigration
status in the United States.
(d) Regulations.--The Secretary of Education, in consultation with
other Federal agencies as needed, shall prescribe such regulations as
may be necessary to carry out this section, except such regulatory
authority shall be limited to enhancing and improving the Federal
Government's ability to implement this section, and may not create any
limitations on, or waive any of the requirements of, this section.
(e) Repeal of Obsolete Language.--Section 505(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1623(a)) is repealed.
SEC. 6. LAWFUL STATUS REQUIRED FOR ISSUANCE OF DRIVER'S LICENSE.
(a) In General.--If a State issues any type of driver's license to
any alien who does not have lawful immigration status in the United
States, the President shall instruct all Federal agency heads to,
within 30 days of the notification by the President, cease the
disbursal of all Federal transportation funding to that State.
(b) Regulations.--The Secretary of Homeland Security, in
consultation with other Federal agencies as needed, shall prescribe
such regulations as may be necessary to carry out this section, except
such regulatory authority shall be limited to enhancing and improving
the Federal Government's ability to implement this section, and may not
create any limitations on, or waive any of the requirements of, this
section.
(c) Effective Date.--The effective date of this section will be 180
days after the effective date of this Act.
SEC. 7. AUTHORIZATION AND FUNDING FOR E-VERIFY.
(a) In General.--There is authorized to be appropriated
$120,000,000 for each of fiscal years 2024 through 2028 to carry out
the E-Verify employment authorization program established under section
403 of the Illegal Immigration Reform and Immigration Responsibility
Act of 1996 (8 U.S.C. 1324a) (E-Verify).
(b) Prerequisite for Federal and State Grant Funding.--No
individual or entity shall be eligible for any Federal or State grant
funding unless they are both registered for E-Verify and using E-Verify
in an effective and non-evasive manner.
(c) Effective Date.--The effective date of this section will be
October 1 of the first fiscal year to commence after the effective date
of this Act.
SEC. 8. VISA OVERSTAY BONDS AND PENALTIES.
(a) Nonimmigrant Bond Requirement.--
(1) In general.--An alien seeking lawful presence in the
United States as a nonimmigrant who is not a national of a Visa
Waiver Program participant country shall be required to pay a
bond or cash payment of no less than $10,000 and no more than
$25,000 to ensure the alien complies with the duration of stay
authorized by his or her visa.
(2) Automatic and non-appealable forfeiture.--The bond or
cash payment required by this subsection shall be forfeited
without the possibility of appeal or review if the alien fails
to leave by the first day after authorized stay by midnight.
(3) Offsetting account.--The forfeited bond or cash payment
required by this subsection shall be deposited in an offsetting
account under the jurisdiction of the Secretary of Homeland
Security and called the ``Immigration Detention and Enforcement
Account'', and the funds deposited in the account shall be used
solely for the purposes of funding alien detention facilities
and international transportation for aliens being removed from
the United States.
(b) Immigration Penalty.--A nonimmigrant alien who remains in the
United States after midnight Eastern time on the first day after the
authorized duration of stay permitted by the nonimmigrant alien's visa
and has his or her bond or cash payment forfeited as described in
subsection (a) shall, upon such forfeiture, be forthwith removed from
the United States, and subsequently ineligible for any lawful
immigration status or adjustment of status for 5 years subsequent to
his or her failure to comply with the duration of stay authorized by
his or her visa.
(c) Regulations.--
(1) Secretary of homeland security.--The Secretary of
Homeland Security shall only be authorized to engage in
rulemaking to develop procedures for collection and retention
of bonds and cash payments and notification to the Attorney
General regarding an alien's failure to comply with the
duration of stay authorized by his or her visa, and shall not
be authorized to engage in rulemaking to waive or nullify any
of the requirements of this section.
(2) Attorney general.--The Attorney General shall only be
authorized to engage in rulemaking to develop appropriate
procedures for enforcing the civil and criminal penalties
against aliens who violate the requirements of this section,
and shall not be authorized to engage in rulemaking to waive or
nullify any of the requirements of this section.
(d) Effective Date.--The effective date of this section shall be 30
days after the date of enactment of this Act.
SEC. 9. SUPPORT OF SOVEREIGN STATES' AUTHORITY AND DISCRETION TO ENSURE
CITIZEN BENEFIT FROM FEDERAL SPENDING.
(a) In General.--Each State shall have the discretion to ensure
that any Federal funding provided to the State shall be provided only
to United States citizens and aliens who are lawfully present in the
United States, and shall be withheld from aliens who are unlawfully
present in the United States in any manner approved by the State.
(b) Effective Date.--This section shall take effect immediately
upon the enactment of this Act.
SEC. 10. CLARIFICATION.
For the purposes of this Act, an alien who has been paroled into
the United States pursuant to section 212(d) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)) is not lawfully present in the
United States, and does not have lawful immigration status in the
United States.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, Education and the Workforce, Transportation and Infrastructure, and Oversight and Accountability, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, Education and the Workforce, Transportation and Infrastructure, and Oversight and Accountability, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, Education and the Workforce, Transportation and Infrastructure, and Oversight and Accountability, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, Education and the Workforce, Transportation and Infrastructure, and Oversight and Accountability, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, Education and the Workforce, Transportation and Infrastructure, and Oversight and Accountability, 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.
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Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, Education and the Workforce, Transportation and Infrastructure, and Oversight and Accountability, 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.