New Employee Verification Act Introduced; Proposes Alternative to E-Verify
Representatives Gabrielle Giffords (D-AZ) and Sam Johnson (R-TX) have introduced a bill that would establish a mandatory electronic verification system to take the place of E-Verify. As reported at Workforce.com, Giffords and Johnson hope their bill, the New Employee Verification Act, will either be the foundation for employment verification in a broader immigration bill or move through Congress on its own.
The proposed legislation would:
- Require all employers to use either the Electronic Employment Verification System (based on the new-hire system used to enforce child support payments) or the Secure Electronic Employment Verification System (which would authenticate an employee’s identity using biometric information). Data for recently hired employees would be checked against Social Security and Department of Homeland Security databases to determine work eligibility.
- Eliminate the I-9 immigration form.
- Establish civil and criminal penalties for employers that knowingly hire illegal immigrants.
- Establish federal preemption of state laws on employment verification.
- Require that the Social Security database, which has a 4.1% error rate, be cleaned up before the new system takes effect.
Giffords and Johnson have collaborated on the legislation with The HR Initiative for a Legal Workforce, which is led by the Society for Human Resource Management.
