Putting American Workers First Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3215 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 3215

 To amend the National Labor Relations Act to make it an unfair labor 
 practice to employ or represent an unauthorized alien, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 19, 2025

Mr. Banks (for himself, Mr. Cassidy, Mr. Tuberville, Mr. Budd, and Mr. 
    Moreno) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the National Labor Relations Act to make it an unfair labor 
 practice to employ or represent an unauthorized alien, 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 ``Putting American Workers First 
Act''.

SEC. 2. UNFAIR LABOR PRACTICE TO EMPLOY OR REPRESENT AN UNAUTHORIZED 
              ALIEN.

    Section 8 of the National Labor Relations Act (29 U.S.C. 158) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (5), by striking the period and 
                inserting ``; and''; and
                    (B) by adding at the end the following:
            ``(6) except as provided in subsection (h)(1), to employ 
        (including to recruit or hire) as an employee any individual 
        who is an unauthorized alien (as defined in section 274A(h)(3) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1324a(h)(3))).'';
            (2) in subsection (b)--
                    (A) in paragraph (6), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (7), in the flush text after 
                subparagraph (C), by striking the period and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
            ``(8) except as provided in subsection (h)(2), to represent 
        for purposes of collective bargaining any individual who is an 
        unauthorized alien (as defined in section 274A(h)(3) of the 
        Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))).''; and
            (3) by adding at the end the following:
    ``(h)(1) It shall not be an unfair labor practice under subsection 
(a)(6) for an employer to employ (including to recruit or hire) as an 
employee any individual who is an unauthorized alien (as defined in 
section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 
1324a(h)(3))) if the employer has made a good-faith effort to verify 
that the individual is not an unauthorized alien (as so defined). An 
employer makes such a good-faith effort when it uses an employment 
verification system described in section 274A of the Immigration and 
Nationality Act (8 U.S.C. 1324a) to verify that an alien is not an 
unauthorized alien (as so defined).
    ``(2) It shall not be an unfair labor practice under subsection 
(b)(8) for a labor organization or its agents to represent for purposes 
of collective bargaining any individual who is an unauthorized alien 
(as defined in section 274A(h)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(h)(3))) if the labor organization has made a good-
faith effort to verify that the individual is not an unauthorized alien 
(as so defined). A labor organization makes such a good-faith effort 
when it uses an employment verification system described in section 
274A of the Immigration and Nationality Act (8 U.S.C. 1324a) to verify 
that an alien is not an unauthorized alien (as so defined).
    ``(i) With respect to a claim of an unfair labor practice under 
paragraph (1) or (3) of subsection (a), the discharge of an employee 
who is an unauthorized alien (as defined in section 274A(h)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))) by an employer 
shall not be evidence of animus of the employer with respect to any 
right of the employee under section 7 or with respect to any labor 
organization.''.
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