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H.R. 98 (109th): Illegal Immigration Enforcement and Social Security Protection Act of 2005

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

1/4/2005--Introduced. Illegal Immigration Enforcement and Social Security Protection Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require inclusion of encrypted machine-readable electronic identification strips on Social Security cards.

Requires the Commissioner of Social Security to: (1) develop the strip in a manner that enables employers to access the Employment Eligibility Database (EED) established by this Act; and (2) transmit to the Secretary of Homeland Security necessary information from an individual's application for a Social Security card or number (as determined by the Secretary) for inclusion in the EED.

Directs the Secretary to establish and maintain the EED. Requires the EED to include data on the citizenship status and work and residency eligibility of noncitizens authorized to work in the United States.

Restricts access to EED information.

Prohibits individuals from commencing employment with a U.S. employer absent a Social Security card that meets the requirements of this Act and presentation of such card to the employer.

Prohibits employers from hiring individuals absent verification of identity and work authorization.

Authorizes the Secretary to: (1) assess penalties against employers who knowingly hire unauthorized workers or fail to comply with verification procedures; and (2) bring civil actions against those who fail to pay assessments or otherwise violate this Act. Establishes criminal penalties for such violations.

Mandates integration of Border Patrol and Federal Bureau of Investigation fingerprint databases.

States that nothing in this Act shall be construed to establish a national identification card.