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Thread: Legal Workforce Act Would Require E-Verify Use by All U.S. Employers

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  1. #1
    Senior Member JohnDoe2's Avatar
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    Legal Workforce Act Would Require E-Verify Use by All U.S. Employers

    Legal Workforce Act Would Require E-Verify Use by All U.S. Employers

    September 13, 2017 Thomas Ahearn

    Written By ESR News Blog Editor Thomas Ahearn

    On September 8, 2017, U.S. Congressman Lamar Smith (R-Texas) – whose 1996 bill created the pilot for the E-Verify system – introduced to Congress “The Legal Workforce Act” (H.R. 3711) which would require all U.S. employers to use E-Verify to check the work eligibility of new hires, according to a press release on Congressman Smith’s website.
    Operated by the U.S. Citizenship and Immigration Services (USCIS), E-Verify checks the social security numbers of newly hired employees against Social Security Administration (SSA) and Department of Homeland Security (DHS) records to help ensure that they are genuinely eligible to work in the U.S.E-Verify confirms 99.8 percent of work-eligible employees and takes less than two minutes to use.
    Over 740,000 American employers currently use E-Verify, and a 2016 survey by the Society for Human Resource Management (SHRM) found 83 percent of U.S. employers support a mandatory electronic verification system.Confidence in the E-Verify program remains consistently high with E-Verify again earning a score of 85 on the 2016 Customer Satisfaction Index. The House of Representatives Judiciary Committee provides the following summary of key components of “The Legal Workforce Act”:
    • Repeals I-9 System: The Legal Workforce Act 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. However, if an employer chooses to keep using the paper-based I-9 system they may do so.
    • 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. Allows a one-time six month extension of the initial phase-in. It also requires that employees performing “agricultural labor or services” are subject to an E-Verify check within 30 months of the date of enactment.
    • Voluntary Use: In addition to new hires, the bill allows employers to use E-Verify to check the work eligibility of their current employees as long as they do so in a nondiscriminatory manner and of all employees who are in the same geographic location or in the same job category.
    • States as Partners: Preempts duplicative state laws mandating E-Verify use but gives states prominent roles in enforcing the law. Specifically, it retains the ability of states and localities to condition business licenses on the requirement that the employer use E-Verify in good faith under 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 a pattern of unusual multiple use, DHS is required to lock the SSN and alert the owner that their personal information may have been compromised.
    • Safe Harbor: Grants employers safe harbor from prosecution if they use the E-Verify program in good faith, and through no fault of their own, receive an incorrect eligibility confirmation.
    • Strengthened Penalties: The bill raises penalties on employers who knowingly hire illegal immigrants in violation of the requirements of the bill. The bill also creates a penalty for individuals (employees or employers) who knowingly submit false information to the E-Verify system.
    • Identity Authentication Pilot Programs: The bill requires DHS to conduct at least two pilot programs aimed at using technology within the E-Verify system to help further prevent identity theft in the system.


    “The Legal Workforce Act puts legal workers first and enjoys broad support from the American people. It is free, quick, easy-to-use and effective,” Congressman Smith stated in the press release. “By expanding the E-Verify system to all U.S. employers, this bill will ensure that jobs only go to legal workers.”
    Congressman Smith was joined in introducing the bill by coauthors House Judiciary Committee Chairman Bob Goodlatte (R-Virginia) and Congressman Ken Calvert (R-California).

    The text of “The Legal Workforce Act” is available at: https://judiciary.house.gov/wp-conte...-Bill-Text.pdf.

    As reported by ESR News in May 2017, the White House Fiscal Year (FY) 2018 Budget that requested $44.1 billion for the DHS also called for “expanding worksite enforcement strategies by mandating nationwide use of the E-Verify system” to reduce illegal employment, according to the DHS FY 2018 Budget in Brief.The DHS FY 2018 Budget in Brief requested: $131.5 million for E-Verify operations and upgrades for U.S. Citizenship and Immigration Services (USCIS), including new investments to expand the E-Verify program. The purpose of expanding E-Verify is to support mandatory use of E-Verify nationwide within three years.In January 2017, ESR News reported that Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) reintroduced legislation called the “Accountability Through Electronic Verification Act” that would permanently authorize and require employers to use the E-Verify program.E-Verify is voluntary except for employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause requiring the use of E-Verify to determine the employment eligibility of employees performing work under those contracts and all new hires for those employers.

    States that have laws regarding E-Verify use include Alabama, Arizona, California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Louisiana, Minnesota, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, and Virginia.

    http://www.esrcheck.com/wordpress/20...u-s-employers/
    Last edited by JohnDoe2; 09-14-2017 at 09:49 PM.
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  2. #2
    Senior Member Beezer's Avatar
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    Expand it for use in our healthcare system, school system, Motor Vehicles departments, welfare, food stamps, banks, housing and voting.

    Cut off the freebies now!
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    Senior Member lorrie's Avatar
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    Never happen... they been saying this for years.
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    Quote Originally Posted by lorrie View Post
    Never happen... they been saying this for years.
    It may happen since it's efficacy is very limited.

    What we won't get is a system that verifies the SS# legally belongs to the person presenting it or hat no one else is using that same number.

    And since many of our lawmakers have been up there for a very long time and have done nothing to fix the problem, anything they suggest is very suspect.

    Use fingerprint and facial identification for welfare. This would help cut out those who are abusing the system. They need to determine the recipients aren't using children other than their own to draw welfare.

    Compare 1099's to filed returns - something the government once actually said they didn't have the means to do that. I'm sure a whole host of people believed that lie.

    Arrest and impound the vehicle of people caught with fake DL or no DL

    Surely using fake ID comes under the patriot act - unless it is in fact only put in place to control American citizens - something that seems more likely every day.

    Actually, punish employers who hire illegals. Don't spend months investigating a tortilla factory that hires 10. There are companies with hundreds of illegals working.

    Don't wait until racing season ie past before arresting 12, when hundreds could have been caught.

    This government is not trying to fix the problem, they are working very hard to convince you they are - but they are not.

    If they want e-verify, it's so there will be a cover for employers - not to stop the employment.

    We have to see that.

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    Senior Member JohnDoe2's Avatar
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    "Over 740,000 American employers currently use E-Verify"
    NO AMNESTY

    DON'T REWARD THE CRIMINAL ACTIONS OF MILLIONS OF ILLEGAL ALIENS

    BY GIVING THEM CITIZENSHIP


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  6. #6
    Senior Member Judy's Avatar
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    There are over 18 million employers in the USA.

    http://dmdatabases.com/databases/bus...any-businesses
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    Senior Member JohnDoe2's Avatar
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    "Nationally, 57 percent of jobs are now screened with E-Verify, up from half in 2015 and about 30 percent in 2010."

    Federal E-Verify law would mean major changes for U.S. employers

    NO AMNESTY

    DON'T REWARD THE CRIMINAL ACTIONS OF MILLIONS OF ILLEGAL ALIENS

    BY GIVING THEM CITIZENSHIP


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  8. #8
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    Quote Originally Posted by JohnDoe2 View Post
    "Nationally, 57 percent of jobs are now screened with E-Verify, up from half in 2015 and about 30 percent in 2010."

    Federal E-Verify law would mean major changes for U.S. employers


    So, from those statistics, we have to admit it doesn't work very well.

  9. #9
    Senior Member Judy's Avatar
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    Quote Originally Posted by nntrixie View Post
    So, from those statistics, we have to admit it doesn't work very well.
    No, it's not mandatory yet. The bigger companies are using it, that's why such a small percentage of companies are using it to screen their large hirings. The small companies aren't bothering with it yet.
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    Quote Originally Posted by Judy View Post
    No, it's not mandatory yet. The bigger companies are using it, that's why such a small percentage of companies are using it to screen their large hirings. The small companies aren't bothering with it yet.
    If it doesn't weed out stolen SS#, it does nothing. I just believe without teeth, it allows employers to say 'we used e-verify', so you can't prosecute us.'

    Put some teeth in it so it proves the SS# belongs to the person in possession of it, make employers at least notify INS and FBI when they find someone has a stolen or fake ID.

    Otherwise, I see this is a sop for the employers and it will be worse than nothing.

    It would seem to make it impossible for the government to prosecute the employers when caught. They have a built in excuse, and won't pay the price for their criminal activity.

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