Use of commercial driver’s licenses by illegal aliens in interstate commerce

(a) In general Chapter 2 of title 18, United States Code, is amended by inserting after section 40A the following: 40B. Use of commercial driver’s licenses by illegal aliens in interstate commerce (a) Definitions In this section— (1) the terms commercial driver’s license and commercial vehicle have the meanings given such terms in section 31301 of title 49; and (2) the term covered alien means an alien (as defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) who— (A) is described under— (i) section 237(a)(1)(C)(i) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(C)(i)); (ii) section 212(a)(6)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(A)(i)); or (iii) section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)); or (B) has been paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)). (b) Prohibition It shall be unlawful for a covered alien to present or use a commercial driver’s license in interstate or foreign commerce. (c) Criminal penalties (1) In general Subject to paragraph (2)(C), a covered alien who violates subsection (b) shall be fined under this title, imprisoned for not more than 5 years, or both. (2) Mandatory minimum sentence Except to the extent that a greater minimum sentence is otherwise provided by any other provision of law— (A) a covered alien who, while violating subsection (b), causes a motor vehicle accident while operating a commercial vehicle shall be imprisoned for not less than 1 year; (B) a covered alien who, while violating subsection (b), causes a motor vehicle accident while operating a commercial vehicle which results in bodily injury shall be imprisoned for not less than 2 years; and (C) a covered alien who, while violating subsection (b), causes a motor vehicle accident while operating a commercial vehicle which results in death shall be punished by death or by imprisonment for life. (d) State officials (1) In general It shall be unlawful for any officer, employee, or contractor of a State or local government, acting under color of law, to intentionally direct or implement the issuance of a commercial driver’s license unless, before such issuance, the officer, employee, or contractor confirms the immigration status of the applicant through the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note; Public Law 104–208) or an analogous State verification program. (2) Penalty An officer, employee, or contractor of a State or local government who violates paragraph (1) shall be fined under this title, imprisoned for not more than 1 year, or both. (e) Civil penalties Any business, corporation, organization, or entity that knowingly provides substantial assistance to a covered alien to violate subsection (b), or conspires with a covered alien to violate subsection (b), shall be subject to a civil penalty in an amount of $50,000 per violation. (f) Individual civil remedies (1) Action and jurisdiction Any person injured in his or her person or property in a motor vehicle accident caused by a covered alien presenting or using a commercial driver’s license in interstate or foreign commerce, or his or her estate, survivors, or heirs, may bring a civil action in any appropriate district court of the United States and shall recover threefold the damages he or she sustains and the cost of the action, including attorney's fees. (2) Liability In any civil action under paragraph (1) for an injury arising from a motor vehicle accident caused by a covered alien presenting or using a commercial driver’s license, liability may be asserted against any person, including any business, corporation, organization, or other entity, who aids and abets by knowingly providing substantial assistance for the covered alien to obtain, or who conspires with the covered alien to obtain, the commercial driver’s license. (g) Report Not later than 180 days after the date of enactment of this section, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a written report that includes— (1) for the period beginning on such date of enactment and ending on the date of the report— (A) the total number of covered aliens arrested for violating subsection (b); (B) a State-by-State breakdown of— (i) the number of commercial driver’s licenses issued to covered aliens; and (ii) the number of accidents involving covered aliens arrested for violating subsection (b); and (C) the number of arrests and prosecutions for violations of subsection (b); and (2) a plan for steps the United States Government will take to stop violations of subsection (b).. (b) Technical and conforming amendment The table of sections for chapter 2 of title 18, United States Code, is amended by inserting after the item relating to section 40A the following: 40B. Use of commercial driver’s licenses by illegal aliens in interstate commerce..