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Code · STATUTE-COMPILATIONS · Immigration Reform and Control Act of 1986 · Sec. 101

Sec. 101. CONTROL OF UNLAWFUL EMPLOYMENT OF ALIENS

963 words·~4 min read·/statute-compilations/comps-10559/sec-101

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## SEC. 101 CONTROL OF UNLAWFUL EMPLOYMENT OF ALIENS ###
(a)In General ####
(1)New provision **[**Omitted; inserted section 274A; technical corrections made to this section by §2(a)(1) of the Immigration Technical Corrections Amendments of 1988 (Pub. L. 100–525, 102 Stat. 2609).**]** ####
(2)Interim regulations The Attorney General shall, not later than the first day of the seventh month beginning after the date of the enactment of this Act, first issue, on an interim or other basis, such regulations as may be necessary in order to implement this section. ####
(3)Grandfather for current employees #####
(A)Section 274A(a)(1) of the Immigration and Nationality Act shall not apply to the hiring, or recruiting or referring of an individual for employment which has occurred before the date of the enactment of this Act. #####
(B)Section 274A(a)(2) of the Immigration and Nationality Act shall not apply to continuing employment of an alien who was hired before the date of the enactment of this Act. ###
(b)Conforming Amendments to Migrant and Seasonal Agricultural Worker Protection Act ####
(1)**[**Omitted; miscellaneous amendments to Migrant and Seasonal Agriculture Worker Protection Act (Pub. L. 97–470); see Appendix VII.C.**]** ####
(2)The amendments made by paragraph
(1)shall apply to the employment, recruitment, referral, or utilization of the services of an individual occurring on or after the first day of the seventh month beginning after the date of the enactment of this Act; except that if the provisions of section 274A of the Immigration and Nationality Act are terminated as of a date under subsection
(l)of that section, then such amendments shall no longer apply as of such date. ###
(c)Conforming Amendment to Table of Contents **[**Omitted**]** ###
(d)Study on the Use of a Telephone Verification System for Determining Employment Eligibility of Aliens ####
(1)The Attorney General, in consultation with the Secretary of Labor and the Secretary of Health and Human Services, shall conduct a study for use by the Department of Justice in determining employment eligibility of aliens in the United States. Such study shall concentrate on those data bases that are currently available to the Federal Government which through the use of a telephone and computation capability could be used to verify instantly the employment eligibility status of job applicants who are aliens. ####
(2)Such study shall be conducted in conjunction with any existing Federal program which is designed for the purpose of providing information on the resident or employment status of aliens for employers. The study shall include an analysis of costs and benefits which shows the differences in costs and efficiency of having the Federal Government or a contractor perform this service. Such comparisons should include reference to such technical capabilities as processing techniques and time, verification techniques and time, back up safeguards, and audit trail performance. ####
(3)Such study shall also concentrate on methods of phone verification which demonstrate the best safety and service standards, the least burden for the employer, the best capability for effective enforcement, and procedures which are within the boundaries of the Privacy Act of 1974. ####
(4)Such study shall be conducted within twelve months of the date of enactment of this Act. ####
(5)The Attorney General shall prepare and transmit to the Congress a report— #####
(A)not later than six months after the date of enactment of this Act, describing the status of such study; and #####
(B)not later than twelve months after such date, setting forth the findings of such study. ###
(e)Feasibility Study of Social Security Number Validation System The Secretary of Health and Human Services, acting through the Social Security Administration and in cooperation with the Attorney General and the Secretary of Labor, shall conduct a study of the feasibility and costs of establishing a social security number validation system to assist in carrying out the purposes of section 274A of the Immigration and Nationality Act, and of the privacy concerns that would be raised by the establishment of such a system. The Secretary shall submit to the Committees on Ways and Means and Judiciary of the House of Representatives and to the Committees on Finance and Judiciary of the Senate, within 2 years after the date of the enactment of this Act, a full and complete report on the results of the study together with such recommendations as may be appropriate. ###
(f)Counterfeiting of Social Security Account Number Cards ####
(1)The Comptroller General of the United States, upon consultation with the Attorney General and the Secretary of Health and Human Services as well as private sector representatives (including representatives of the financial, banking, and manufacturing industries), shall inquire into technological alternatives for producing and issuing social security account number cards that are more resistant to counterfeiting than social security account number cards being issued on the date of enactment of this Act by the Social Security Administration, including the use of encoded magnetic, optical, or active electronic media such as magnetic stripes, holograms, and integrated circuit chips. Such inquiry should focus on technologies that will help ensure the authenticity of the card, rather than the identity of the bearer. ####
(2)The Comptroller General of the United States shall explore additional actions that could be taken to reduce the potential for fraudulently obtaining and using social security account number cards. ####
(3)Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall prepare and transmit to the Committee on the Judiciary and the Committee on Ways and Means of the House of Representatives and the Committee on the Judiciary and the Committee on Finance of the Senate a report setting forth his findings and recommendations under this subsection.
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3 references not yet in our index
  • Pub. L. 100-525
  • 102 Stat. 2609
  • Pub. L. 97-470
Citation graph
cites case law
Sec. 101
CONTROL OF UNLAWFUL EMPLOYMENT OF ALIENS
Pub. L.Pub. L. 100-525
Stat.102 Stat. 2609
Pub. L.Pub. L. 97-470
Cites 3Cited by 0 across 0 sources
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