Sec. 805. Preemption and States’ rights
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/bill/118/hr/2/pcs/section-805A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 274A(h)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(2) ) is amended to read as follows: The provisions of this section preempt any State or local law, ordinance, policy, or rule, including any criminal or civil fine or penalty structure, insofar as they may now or hereafter relate to the hiring, continued employment, or status verification for employment eligibility purposes, of unauthorized aliens. A State, locality, municipality, or political subdivision may exercise its authority over business licensing and similar laws as a penalty for failure to use the verification system described in subsection
(d)to verify employment eligibility when and as required under subsection (b). A State, at its own cost, may enforce the provisions of this section, but only insofar as such State follows the Federal regulations implementing this section, applies the Federal penalty structure set out in this section, and complies with all Federal rules and guidance concerning implementation of this section. Such State may collect any fines assessed under this section. An employer may not be subject to enforcement, including audit and investigation, by both a Federal agency and a State for the same violation under this section. Whichever entity, the Federal agency or the State, is first to initiate the enforcement action, has the right of first refusal to proceed with the enforcement action. The Secretary must provide copies of all guidance, training, and field instructions provided to Federal officials implementing the provisions of this section to each State. .
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Sec. 805
Preemption and States’ rights
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