Smith Bill to Expand E-Verify Approved by Committee

By:  Lamar Smith
Date: June 26, 2013
Location: Washington, DC

The House Judiciary Committee today approved the Legal Workforce Act (H.R. 1772) in a vote of 22-9. Sponsored by Congressman Lamar Smith (R-Texas), the bipartisan bill discourages illegal immigration by ensuring jobs are only made available to those legally authorized to work in the U.S. Specifically, the bill requires employers to check the work eligibility of all future hires though the E-Verify system. The Legal Workforce Act is one of several bills the House Judiciary Committee has approved to help improve our immigration system.

Congressman Smith: "Twenty-two million Americans are unemployed or underemployed. Meanwhile, seven million people work in the U.S. illegally. These jobs should go to American citizens and legal workers.

"The Center for Immigration Studies reports that illegal immigration reduces the wages of American workers by $100 billion each year. The Legal Workforce Act protects wages and preserves scarce jobs for unemployed Americans by requiring employers to use E-Verify.

"The E-Verify system is quick and effective, confirming 99.7% of work-eligible employees. This bill reduces illegal immigration by shutting off the jobs magnet that draws millions of illegal workers to the U.S. The nationwide use of E-Verify will help address the flow of illegal immigration by ensuring that employers hire legal workers."

Created in 1996, E-Verify is a web-based program that checks the Social Security numbers or alien identification numbers of new hires against Social Security Administration and Department of Homeland Security records to eliminate fraudulent numbers and help ensure that new hires are genuinely eligible to work in the U.S. Today, over 450,000 American employers voluntarily use E-Verify. Outside evaluations have found that the vast majority of employers using E-Verify believe it to be an effective and reliable tool for checking the legal status of their employees.

Summary of the Legal Workforce Act:

· Repeals I-9 System: Repeals the current paper-based I-9 system and replaces it with a completely electronic work eligibility check, bringing the process into the 21st century.

· Gradual Phase-In: Phases-in mandatory E-Verify participation for new hires in six month increments beginning on the date of enactment. Within six months of enactment, businesses having more than 10,000 employees are required to use E-Verify. Within 12 months of enactment, businesses having 500 to 9,999 employees are required to use E-Verify. Eighteen months after enactment, businesses having 20 to 499 employees must use E-Verify. And 24 months after enactment, businesses having 1 to 19 employees must use E-Verify.

· Agriculture: Requires that employees performing "agricultural labor or services" are only subject to an E-Verify check within 24 months of the date of enactment.

· States as Partners: Preempts duplicative state laws mandating E-Verify use but retains the ability of states and localities to condition business licenses on the requirement that the employer use E-Verify in good faith under the federal law. In addition, the bill allows states to enforce the federal E-Verify requirement and incentivizes them to do so by letting them keep the fines they recover from employers who violate the law.

· Protects Against Identity Theft: The bill allows individuals to lock their Social Security number (SSN) so that it can't be used by another person to get a job. It also allows parents or legal guardians to lock the SSN of their minor child. And if a SSN shows unusual multiple use, the Department of Homeland Security is required to lock the SSN and alert the owner that their personal information may have been compromised.

· Safe Harbor: Grants employers a safe harbor from prosecution if they use the E-Verify program in good faith, and through no fault of theirs, receive an incorrect eligibility confirmation.

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