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For historical purposes, this is the original text of the law, without any subsequent amendments. For the current texts of the laws we enforce, as amended, see Laws Enforced by the EEOC.

An Act to amend the Immigration and Nationality Act to revise and reform the immigration laws, 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; REFERENCES IN ACT.

(a) SHORT TITLE. -- This Act may be cited as the "Immigration Reform and Control Act of 1986". "8 USC 1101 note"

(b) AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT. -- Except as otherwise specifically provided in this Act, whenever in this Act an amendment or repeal is expressed as an amendment to, or repeal of, a provision, the reference shall be deemed tobe made to the Immigration and Nationality Act.

TABLE OF CONTENTS

Sec. 1. Short title; references in Act.

TITLE I -- CONTROL OF ILLEGAL IMMIGRATION

PART A -- EMPLOYMENT

Sec. 101. Control of unlawful employment of aliens.

Sec. 102. Unfair immigration-related employment practices.

Sec. 103. Fraud and misuse of certain immigration-related documents.

PART B -- IMPROVEMENT OF ENFORCEMENT AND SERVICES

Sec. 111. Authorization of appropriations for enforcement and service activities of the Immigration and Naturalization Service.

Sec. 112. Unlawful transportation of aliens to the United States.

Sec. 113. Immigration emergency fund.

Sec. 114. Liability of owners and operators of international bridges and toll roads to prevent the unauthorized landing of aliens.

Sec. 115. Enforcement of the immigration laws of the United States.

Sec. 116. Restricting warrantless entry in the case of outdoor agricultural operations.

Sec. 117. Restrictions on adjustment of status.

PART C -- VERIFICATION OF STATUS UNDER CERTAIN PROGRAMS

Sec. 121. Verification of immigration status of aliens applying for benefits under certain programs.

TITLE II -- LEGALIZATION

Sec. 201. Legalization of status.

Sec. 202. Cuban-Haitian adjustment.

Sec. 203. Updating registry date to January 1, 1972.

Sec. 204. State legalization impact-assistance grants.

TITLE III -- REFORM OF LEGAL IMMIGRATION

PART A -- TEMPORARY AGRICULTURAL WORKERS

Sec. 301. H-2A agricultural workers.

Sec. 302. Permanent residence for certain special agricultural workers.

Sec. 303. Determinations of agricultural labor shortages and admission of additional special agricultural workers.

Sec. 304. Commission on Agricultural Workers.

Sec. 305. Eligibility of H-2 agricultural workers for certain legal assistance.

PART B -- OTHER CHANGES IN THE IMMIGRATION LAW

Sec. 311. Change in colonial quota.

Sec. 312. G-IV special immigrants.

Sec. 313. Visa waiver pilot program for certain visitors.

Sec. 314. Making visas available for nonpreference immigrants.

Sec. 315. Miscellaneous provisions.

TITLE IV -- REPORTS TO CONGRESS

Sec. 401. Triennial comprehensive report on immigration.

Sec. 402. Reports on unauthorized alien employment.

Sec. 403. Reports on H-2A program.

Sec. 404. Reports on legalization program.

Sec. 405. Report on visa waiver pilot program.

Sec. 406. Report on Immigration and Naturalization Service.

Sec. 407. Sense of the Congress.

TITLE V -- STATE ASSISTANCE FOR INCARCERATION COSTS OF ILLEGAL ALIENS AND

CERTAIN CUBAN NATIONALS

Sec. 501. Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban nationals.

TITLE VI -- COMMISSION FOR THE STUDY OF INTERNATIONAL MIGRATION AND COOPERATIVE

ECONOMIC DEVELOPMENT

Sec. 601. Commission for the Study of International Migration and Cooperative Economic Development.

TITLE VII -- FEDERAL RESPONSIBILITY FOR DEPORTABLE AND EXCLUDABLE ALIENS

CONVICTED OF CRIMES

Sec. 701. Expeditious deportation of convicted aliens.

Sec. 702. Identification of facilities to incarcerate deportable or excludable aliens.

TITLE I -- CONTROL OF ILLEGAL IMMIGRATION

PART A -- EMPLOYMENT

SEC. 101. CONTROL OF UNLAWFUL EMPLOYMENT OF ALIENS.

(a) IN GENERAL --

(1) NEW PROVISION. -- Chapter 8 of title II is amended by inserting after section 274 (8 U.S.C. 1324) the following new section:

"UNLAWFUL EMPLOYMENT OF ALIENS

"SEC. 274A. (a) "8 USC 1324a" MAKING EMPLOYMENT OF UNAUTHORIZED ALIENS UNLAWFUL. --

"(1) IN GENERAL. -- It is unlawful for a person or other entity to hire, or to recruit or refer for a fee, for employment in the United States --

"(A) an alien knowing the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to such employment, or

"(B) an individual without complying with the requirements of subsection (b).

"(2) CONTINUING EMPLOYMENT. -- It is unlawful for a person or other entity, after hiring an alien for employment in accordance with paragraph (1), to continue to employ the alien in the United States knowing the alien is (or has become) anunauthorized alien with respect to such employment.

"(3) DEFENSE. -- A person or entity that establishes that it has complied in good faith with the requirements of subsection (b) with respect to the hiring, recruiting, or referral for employment of an alien in the United States has established anaffirmative defense that the person or entity has not violated paragraph (1)(A) with respect to such hiring, recruiting, or referral.

"(4) USE OF LABOR THROUGH CONTRACT. -- For purposes of this section, a person or other entity who uses a contract, subcontract, or exchange, entered into, renegotiated, or extended after the date of the enactment of this section, to obtain thelabor of an alien in the United States knowing that the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to performing such labor, shall be considered to have hired the alien for employment in the United States inviolation of paragraph (1)(A).

"(5) USE OF STATE EMPLOYMENT AGENCY DOCUMENTATION. -- For purposes of paragraphs (1)(B) and (3), a person or entity shall be deemed to have complied with the requirements of subsection (b) with respect to the hiring of an individual who wasreferred for such employment by a State employment agency (as defined by the Attorney General), if the person or entity has and retains (for the period and in the manner described in subsection (b)(3)) appropriate documentation of such referral bythat agency, which documentation certifies that the agency has complied with the procedures specified in subsection (b) with respect to the individual's referral.

"(b) EMPLOYMENT VERIFICATION SYSTEM. -- The requirements referred to in paragraphs (1)(B) and (3) of subsection (a) are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States,the requirements specified in the following three paragraphs:

"(1) ATTESTATION AFTER EXAMINATION OF DOCUMENTATION. --

"(A) IN GENERAL. -- The person or entity must attest, under penalty of perjury and on a form designated or established by the Attorney General by regulation, that it has verified that the individual is not an unauthorized alien by examining--

"(i) a document described in subparagraph (B), or

"(ii) a document described in subparagraph (C) and a document described in subparagraph (D).

A person or entity has complied with the requirement of this paragraph with respect to examination of a document if the document reasonably appears on its face to be genuine. If an individual provides a document or combination of documents thatreasonably appears on its face to be genuine and that is sufficient to meet the requirements of such sentence, nothing in this paragraph shall be construed as requiring the person or entity to solicit the production of any other document or asrequiring the individual to produce such a document.

"(B) DOCUMENTS ESTABLISHING BOTH EMPLOYMENT AUTHORIZATION AND IDENTITY. -- A document described in this subparagraph is an individual's --

"(i) United States passport;

"(ii) certificate of United States citizenship;

"(iii) certificate of naturalization;

"(iv) unexpired foreign passport, if the passport has an appropriate, unexpired endorsement of the Attorney General authorizing the individual's employment in the United States; or

"(v) resident alien card or other alien registration card, if the card --

"(I) contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this subsection, and

"(II) is evidence of authorization of employment in the United States.

"(C) DOCUMENTS EVIDENCING EMPLOYMENT AUTHORIZATION. -- A document described in this subparagraph is an individual's --

"(i) social security account number card (other than such a card which specifies on the fact that the issuance of the card does not authorize employment in the United States);

"(ii) certificate of birth in the United States or establishing United States nationality at birth, which certificate the Attorney General finds, by regulation, to be acceptable for purposes of this section; or

"(iii) other documentation evidencing authorization of employment in the United States which the Attorney General finds, by regulation, to be acceptable for purposes of this section.

"(D) DOCUMENTS ESTABLISHING IDENTITY OF INDIVIDUAL. -- A document described in this subparagraph is an individual's --

"(i) driver's license or similar document issued for the purpose of identification by a State, if it contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds,by regulation, sufficient for purposes of this section; or

"(ii) in the case of individuals under 16 years of age or in a State which does not provide for issuance of an identification document (other than a driver's license) referred to in clause (ii), documentation of personal identity of such othertype as the Attorney General finds, by regulation, provides a reliable means of identification.

"(2) INDIVIDUAL ATTESTATION OF EMPLOYMENT AUTHORIZATION. -- The individual must attest, under penalty of perjury on the form designated or established for purposes of paragraph (1), that the individual is a citizen or national of the UnitedStates, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Attorney General to be hired, recruited, or referred for such employment.

"(3) RETENTION OF VERIFICATION FORM. -- After completion of such form in accordance with paragraphs (1) and (2), the person or entity must retain the form and make it available for inspection by officers of the Service or the Department of Laborduring a period beginning on the date of the hiring, recruiting, or referral of the individual and ending --

"(A) 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

"(B) in the case of the hiring of an individual --

"(i) three years after the date of such hiring, or

See the original post here:
Immigration Reform and Control Act of 1986