; and (II) consult with the governments of federally recognized Indian tribes. (ii) Required participation Not later than 5 years after regulations are published implementing this subsection, all employers owned by, or entities of, the government of a federally recognized Indian tribe shall participate in the System with respect to all newly hired employees and employees with expiring temporary employment authorization documents. (I) Immigration law violators (i) Orders finding violations An order finding any employer to have violated this section or section 274C may, in the Secretary's discretion, require the employer to participate in the System with respect to newly hired employees and employees with expiring temporary employment authorization documents, if such employer is not otherwise required to participate in the System under this section. The Secretary shall monitor such employer’s compliance with System procedures. (ii) Pattern or practice of violations The Secretary may require an employer that is required to participate in the System with respect to newly hired employees to participate in the System with respect to the employer's current employees if the employer is determined by the Secretary or other appropriate authority to have engaged in a pattern or practice of violations of the immigration laws of the United States. (J) Voluntary participation The Secretary may permit any employer that is not required to participate in the System under this section to do so on a voluntary basis. (3) Consequence of failure to participate (A) In general Except as provided in subparagraph (B), the failure, other than a de minimis or inadvertent failure, of an employer that is required to participate in the System to comply with the requirements of the System with respect to an individual— (i) shall be treated as a violation of subsection (a)(1)(B) with respect to that individual