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H.R. 3534 (108th): BE REAL Act of 2003

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

11/19/2003--Introduced. Border Enforcement and Revolving Employment to Assist Laborers Act of 2003 or the BE REAL Act of 2003 - Amends the Posse Comitatus Act to authorize the use of the U.S. military for border enforcement.

Suspends the visa waiver program until such time as the Secretary of Homeland Security certifies full implementation of an automated entry-exit system and the use of biometric machine readers and passports.

Amends the Immigration and Nationality Act (INA) to establish criminal penalties for unlawful presence. Enhances civil and criminal penalties for document fraud and false statements of citizenship.

Amends Federal law concerning passports to require fingerprinting and background checks of applicants for U.S. passports.

Establishes a visa term compliance bond.

Requires the development and use of more secure Social Security cards and birth certificates.

Amends the INA to permit employers who seek work eligibility verification for new hires within three days after the date of hire to claim an affirmative defense to employer sanctions. Requires the Secretary of Homeland Security to create an electronic employment verification system. Exempts from liability those who rely on the verification system in good faith.

Establishes a new guest worker program that replaces the current H nonimmigrant visa category with a single H visa covering all aliens coming to the United States temporarily to perform skilled or unskilled work, where U.S. workers are not available. Requires that the Secretary of Homeland Security and the Administrator of the Environmental Protection Agency make specified certifications to Congress as a prerequisite to implementation of the program.