S 3215

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IN THE SENATE OF THE UNITED STATES

November 19, 2025

Mr. Banks (for himself, Mr. Cassidy, Mr. Tuberville, Mr. Budd, and Mr. Moreno) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To amend the National Labor Relations Act to make it an unfair labor practice to employ or represent an unauthorized alien, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Putting American Workers First Act”.

SEC. 2. UNFAIR LABOR PRACTICE TO EMPLOY OR REPRESENT AN UNAUTHORIZED ALIEN.

Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended—

(1) in subsection (a)—

(A) in paragraph (5), by striking the period and inserting “; and”; and

(B) by adding at the end the following:

“(6) except as provided in subsection (h)(1), to employ (including to recruit or hire) as an employee any individual who is an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))).”;

(2) in subsection (b)—

(A) in paragraph (6), by striking “; and” and inserting a semicolon;

(B) in paragraph (7), in the flush text after subparagraph (C), by striking the period and inserting “; and”; and

(C) by adding at the end the following:

“(8) except as provided in subsection (h)(2), to represent for purposes of collective bargaining any individual who is an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))).”; and

(3) by adding at the end the following:

“(h)(1) It shall not be an unfair labor practice under subsection

(a)(6) for an employer to employ (including to recruit or hire) as an employee any individual who is an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))) if the employer has made a good-faith effort to verify that the individual is not an unauthorized alien (as so defined). An employer makes such a good-faith effort when it uses an employment verification system described in section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) to verify that an alien is not an unauthorized alien (as so defined).

“(2) It shall not be an unfair labor practice under subsection

(b)(8) for a labor organization or its agents to represent for purposes of collective bargaining any individual who is an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))) if the labor organization has made a good- faith effort to verify that the individual is not an unauthorized alien (as so defined). A labor organization makes such a good-faith effort when it uses an employment verification system described in section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) to verify that an alien is not an unauthorized alien (as so defined).

“(i) With respect to a claim of an unfair labor practice under paragraph (1) or (3) of subsection (a), the discharge of an employee who is an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))) by an employer shall not be evidence of animus of the employer with respect to any right of the employee under section 7 or with respect to any labor organization.”. <all>