Previously published in In The News, USCIS New Policies/Procedures
House Judiciary Committee Chairman Lamar Smith's (R-Texas) controversial "Legal Workforce Act" bill (H.R. 2885) is winding its way through the legislative process. On Thursday, September 15, the bill was submitted to the full House Judiciary Committee for markup, which will continue on Wednesday, September 21.
The act would require employers nationwide to use the USCIS electronic "E-Verify" system instead of paper I-9s to verify that job applicants are legally authorized to work in the United States. The E-Verify system is currently voluntary for most businesses and is used by only 4% of employers nationwide, although some companies are required by state or federal regulation to use the system. Public and private employers in Alabama, Arizona and Mississippi are now required to use E-Verify, as well as employers with federal contracts or subcontracts that contain the Federal Acquisition E-Verify clause. Several other states, including Georgia and Florida, require state agencies and contractors to utilize the system. In May of this year the U.S. Supreme Court in a 5 to 3 decision in Chamber of Commerce of the United States v. Whiting ruled that Arizona's law requiring employers to use E-Verify was not preempted by the federal Immigration Reform and Control Act.
While the bill has the support of the U.S. Chamber of Commerce and the National Restaurant Association, among others, it has generated substantial protest from critics (including AILA and the ACLU) who maintain that the current E-Verify software is ill-equipped to handle large-scale nationwide use and could result in mismatches barring legal workers from employment. Government figures suggest that errors in a mandatory E-Verify system could cause almost 800,000 American workers to lose their jobs incorrectly, and that another 3.6 million will have to correct mistaken "illegal immigrant" matches.
Other critics contend that it will impose substantial costs on small businesses in complying with the system with few benefits. Preliminary indications are that the White House will oppose the bill on the basis that any E-Verify requirement should be part of a larger immigration reform plan.
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