National Immigration Forum

Practical Solutions for Immigrants and for America

Legislation

Mandatory Verification Legislation in the 112th Congress

The Issue


An electronic work authorization verification system has been proposed as a means to reduce the population of unauthorized immigrants in the U.S. While such technology may make sense if included in a comprehensive package to reform our immigration system, if it is layered on top of our current dysfunctional system, it is likely to impose serious economic consequences. A large percentage of America's current workforce does not have legal status-five percent overall and substantially more in some industries. Given that reality, the imposition of a mandatory electronic work authorization system absent immigration reform would likely lead to businesses finding ways around the system or, in the alternative, going out of business or moving operations to other countries.

The Legislation

  • The Legal Workforce Act
    H.R. 2164, introduced by Representative Lamar Smith (R-TX) and 13 co-sponsors. The legislation would require the use of an electronic employment verification system for new hires. Mandatory use of the system would be phased in for different categories of employers over a period of three years. Certain categories of current employees would also have to be screened. Employers who comply would be protected from liability. The system established by this legislation would pre-empt local laws (except in the case of business licensing). The legislation would establish a pilot program for adding a biometric identifier to the system. Reintroduced as:

    H.R. 2885 on September 12, 2011. (List of co-sponsors.)

    S. 1196, introduced in the Senate by Senator Charles Grassley (R-IA) and nine co-sponsors.  This bill goes beyond H.R. 2161 by requiring full implementation within one year (verses a three-year phase in).  It also requires employers to check all employees currently employed within three years. (List of co-sponsors.)



Status

Both the House and Senate legislation were introduced on June 14, 2011. A hearing was held on the House bill on June 15. H.R. 2885 was marked up in the House Judiciary Committee on September 15th and voted out of the Committee, as amended, by a vote of 22-13 on September 22nd.

Information and Resources on the Legislation

Information on E-Verify

 

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