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Posted on: September 15, 2022 at 13:07:43 CT

Sec. 274A. [8 U.S.C. 1324a]
(a) Making Employment of Unauthorized Aliens Unlawful.-
(1) In general.-It is unlawful for a person or other entity-
(A) to hire, or to recruit or refer for a fee, for employment in the United States an alien
knowing the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to such
employment, or
(B) (i) to hire for employment in the United States an individual without complying with the
requirements of subsection (b) or (ii) if the person or entity is an agricultural association,
agricultural employer, or farm labor contractor (as defined in section 3 of the Migrant and
Seasonal Agricultural Worker Protection Act), to hire, or to recruit or refer for a fee, for
employment in the United States 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) an unauthorized 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 an affirmative 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 the labor 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 in
violation of paragra ph (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 was referred 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 by that agency, which documentation certifies that the agency has complied with
the procedures specified in subsection (b) with respect to the individual's referral.
(6) 1/ Treatment of documentation for certain employees.-

(A) In general. - For purposes of this section, if-
(i) an individual is a member of a collective-bargaining unit and is employed, under a
collective bargaining agreement entered into between one or more employee organizations and
an association of two or more employers, by an employer that is a member of such association,
and
(ii) within the period specified in subparagraph (B), another employer that is a member
of the association (or an agent of such association on behalf of the employer) has complied with
the requirements of subsection (b) with respect to the employment of the individual, the
subsequent employer shall be deemed to have complied with the requirements of subsection (b)
with respect to the hiring of the employee and shall not be liable for civil penalties described in
subsection (e)(5).