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Proposed legislation in Pennsylvania and New Jersey would impose stricter work authorization verification requirements on employers.

Pennsylvania

House Bill 1502 would require all contractors and subcontractors on public works projects to verify the employment eligibility of new employees through E-Verify, the federal electronic employment verification system, and to verify existing employees’ Social Security numbers. In June 2010, this bill was referred to the House State Government Committee.

House Bill 1503 would require all construction industry employers to verify the employment eligibility of new employees through E-Verify and to verify existing employees’ Social Security numbers. This bill was passed by the House in June 2010 and is currently in the Senate Labor and Industry Committee.

Employers that in good faith rely on federal programs (E-Verify and the Social Security Number Verification Service) to verify new employees’ legal work status and existing employees’ Social Security numbers will be immune from sanctions. However, employers face debarment from public work contracts (HB 1502) or license forfeiture (HB 1503) for noncompliance. Additionally, employers could face civil liability for retaliating against employees who complain about alleged violations or participate in investigations, hearing or inquiries concerning alleged violations.

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Employers using E-Verify to authenticate employees’ work authorization status are subject to the Three-Day Rule, which requires an employer to create an E-Verify case no later than three business days after an employee first works for pay (commonly referred to as the Hire Date). Confusion sometimes arises, however, because the Hire Date differs depending on whether the E-Verify case is created before or after the first day an employee works for pay. To clarify the matter, United States Citizenship and Immigration Services (USCIS) created a webpage explaining how to determine the Hire Date, and how to calculate the compliance deadline.

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According to the Salt Lake Tribune, since the July 1, 2010, effective date of a Utah law requiring businesses with 15 or more employees to verify new hires’ work status through E-Verify, less than one-third have done so. The figure did not surprise Utah Governor Gary Herbert, who stated that even the law’s sponsor did not expect universal compliance. Some suggest that employers either do not know about the new requirement to use the federal electronic employment verification system, or are not hiring due to poor economic conditions, which could explain the low enrollment numbers.

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The Department of Homeland Security (DHS) will be implementing additional requirements for employers who register for the E-Verify electronic employment verification system, in order to provide additional protection for employees’ personal information. Previously, registering employers provided E-Verify with their business name, business address, mailing address, phone number and other information, which was then compared to information already in E-Verify’s system in order to prevent duplicate registrations. Now, according to the DHS’s June 2010 Privacy Impact Assessment Update (pdf), employers wishing to register for E-Verify will be required to provide the following additional information:

• the employer’s “doing business as” (DBA) name (if applicable);
• the employer’s DUNS number (the Dun and Bradstreet identifier) (if applicable);
• the name of the employer’s administrator; and
• the name of the employer’s parent organization (if applicable).

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United States Citizenship and Immigration Services (USCIS) has announced the June 13 launch of a newly-designed E-Verify website. Highlights of the redesign include:

• icons accompanying case statuses to make it easier to identify cases requiring attention;
• the ability of businesses to view their Memorandum of Understanding (MOU) electronically; and
• simplified terms to better guide users through the process.

Existing users’ IDs and passwords remain valid, and all open cases will be accessible via the new platform. When users log on to the new E-Verify website, they will be required to take a short tutorial about the changes.

E-Verify is an electronic employment verification system, operated by the U.S. government, allowing employers to verify that individuals are legally permitted to live and work in the United States.

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With many in the nation watching, Arizona Governor Jan Brewer signed the "Support Our Law Enforcement and Safe Neighborhoods Act" ("SB 1070") into law. The legislation represents Arizona's latest effort to combat illegal immigration and is now the centerpiece of a national political firestorm, including criticism from President Obama and numerous public interest groups. In addition, SB 1070 already is the subject of two federal lawsuits challenging its constitutionality. Lost among this debate, however, are those provisions of the law directed toward Arizona employers. To learn more about the law and its implications for employers, please continue reading Littler's ASAP What Arizona's Controversial Immigration Law Means for Employers by Neil M. Alexander and Michael J. Lehet.

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The city council of Santa Maria, California approved a measure to use E-Verify when it hires new employees, reports the Santa Maria Times. The city will commence a six-month trial of the federal electronic employee verification system on May 8, 2010. It is uncertain, however, how often the city will use E-Verify because it is currently furloughing employees to save money.

Some officials and residents supported mandating E-Verify for private businesses as well. However, full council support was lacking, and many community organizers and residents spoke against the proposal.

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Coastal Steel and Acoustics became the first company in South Carolina to sign an IMAGE agreement (Immigration and Customs Enforcement Mutual Agreement between Government and Employers), the agency announced. By signing the agreement, the company:

• will receive agency-provided training and education on fraudulent document detection, as well as on proper hiring and anti-discrimination procedures;
• can use E-Verify, the federal electronic employee verification system, and the Social Security Number Verification Service; and
• can become “IMAGE certified” by following the Department of Homeland Security’s Best Employment Practices.

IMAGE was initiated in 2007 to combat unlawful employment and reduce vulnerabilities that help illegal immigrants gain employment in the United States.

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On Wednesday, the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) and the Department of Justice’s Civil Rights Division (CRT) announced that the two agencies have collaborated on a series of initiatives to “strengthen the efficiency and accuracy of the E-Verify system.” The first component of this effort is a Memorandum of Agreement (MOA) (pdf) that establishes the relationship and process for case referrals between the two agencies with respect to allegations of discrimination arising out of employer use of E-Verify, and information regarding the misuse, abuse, or fraudulent use of E-Verify. The MOA details the agencies’ respective responsibilities, authority, and points of contact, and outlines how future exchange and disclosure of information should occur. According to a fact sheet, on the MOA, the CRT’s Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) will receive referrals of potential discrimination that come to USCIS; in turn, USCIS will receive from OSC referrals of potential employer misuse of E-Verify that does not fall within DOJ’s enforcement arena. Moreover, according to the fact sheet, the MOA provides USCIS with a more efficient process to assist the DOJ in pending E-Verify-related investigations.

In addition to the MOA, the agencies have created two training videos that explain E-Verify procedures, policies, employee rights and employer responsibilities in English and Spanish. These videos

“are designed to help employers understand their responsibilities under E-Verify and to inform employees of their rights when working for employers enrolled in E-Verify.”

Finally, the agencies have established an E-Verify employee hotline for employee inquiries, issues and complaints.

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According to the Wall Street Journal, an independent report commissioned by the Department of Homeland Security (DHS) found that E-Verify, the federal electronic employment verification system, may be failing to detect 54% of unauthorized workers processed. According to the 338-page report (pdf), E-Verify experienced difficulty confirming that workers’ identities were their own. The purported reason: identity theft.

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Rep. Kenny Marchant (R-TX) introduced the Mortgage E-Verify Act (H.R. 4586), which requires that mortgagors’ legal immigration status be confirmed by E-Verify as a condition for modification of home mortgage loans issued by Freddie Mac and Fannie Mae, or insured by the Federal Housing Administration. The bill aims to curb mortgage fraud, particularly by illegal immigrants. Mortgage fraud increased 1,411% from 1997 to 2005, according to the U.S. Treasury Department’s Financial Crimes Enforcement division.

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As reported by The Washington Times, the Social Security Administration (SSA) failed to run electronic employment verification (E-Verify) checks on 19% of the employees it hired in 2008 and 2009. The SSA, along with U.S. Citizenship and Immigration Services, administers the E-Verify program.

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Businesses in the southern California city of Lancaster will be required to use E-Verify to confirm new hires’ eligibility to legally work in the United States, according to the Los Angeles Times. Companies that fail to comply with the requirement could face revocation of their business license. At least 11,000 California business are already enrolled in the E-Verify program, which processed over 8.5 million queries in fiscal year 2009.

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Congressman Luis V. Gutierrez (D-IL) has unveiled comprehensive immigration reform legislation that would, among other provisions:

• strengthen border security;
• create a streamlined employment verification system;
• amend the visa program to promote the reunification of families;
• establish a commission to recommend changes to the current system of H-1B and H-2B visas for skilled workers;
• impose tougher penalties for employers who hire illegal workers; and
• legalize undocumented immigrants who register with the federal government, pay a $500 fine, learn English, pass background checks, and meet other requirements. Individuals who meet these requirements would then be eligible for a six-year visa and, finally, a green card.

In unveiling the bill, titled The Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR ASAP), Gutierrez was joined by a coalition of lawmakers, including the Congressional Hispanic Caucus, Black Caucus, Asian Pacific American Caucus and Progressive Caucus.
 

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As reported previously on this blog, U.S. Citizenship & Immigration Services (USCIS) officially announced the opening of a new Verification Operations Center in Buffalo, NY. This center will employ approximately 135 people with the sole objective of performing immigration status verification for the Systematic Alien Verification for Entitlements (SAVE) and E-Verify systems. Specifically, the new center will run verification checks of employee work authorization status for companies enrolled in E-Verify, and it will confirm immigration status inquiries for government entities using SAVE. This is the first USCIS field office dedicated to monitoring compliance and ensuring the correct use of the SAVE and E-Verify programs. The Buffalo Verification Operations Center will spearhead USCIS's initiative to stop employers and third-party "investigation" companies from using E-Verify improperly. This development is the government's attempt to improve the integrity of both SAVE and E-Verify. These efforts may also facilitate the reduction of potential discriminatory effect in the application of E-Verify procedures and safeguard privacy interests.

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At a symposium in Washington, D.C., US Citizenship and Immigration Services (USCIS) announced that today (November 19, 2009), an additional 1,000 Notices of Inspection (NOI) will be issued. This is a significant move and reveals the administration's intent to increase enforcement actions against employers that engage in the unlawful hiring of undocumented workers. This year alone, Immigration Customs and Enforcement has issued 1,044 NOIs, which is three times as many NOIs than were issued in 2008. Adding another 1,000 NOIs drastically increases this statistic. To further illustrate the administration's aggressive pursuit of employers, Notices of Fines totaling $24 million have been issued in 2009, compared with $2.4 million in 2008. Also, during 2009, 100 companies and individuals have been barred from doing business with the federal government, whereas only one company was barred last year.

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On Tuesday the Senate approved by a vote of 79-19 the conference report for the Department of Homeland Security Appropriations bill (H.R. 2892) that includes provisions extending the E-Verify employment verification system and other visa programs. The House approved the conference report on October 15.  Continue reading about this development on Littler's Washington D.C. Employment Law Update blog.
 

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USCIS has released a “Supplemental Guide for Federal Contractors” (PDF) regarding the E-Verify program. The guide contains information concerning:

• applicable regulations;
• instructions on verifying new and existing employees via Form I-9;
• E-Verify enrollment and participation as a federal contractor;
• exemptions and exceptions for qualifying contractors; subcontractors, independent contractors and affiliates;
• enrollment instructions for organizations that qualify for exceptions;
• enrollment instructions for contractors not yet enrolled in E-Verify; and
• instructions for contractors already enrolled in E-Verify.

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With the rejection of an 11th–hour appeal, a Maryland district court judge has permitted the new E-verify requirements for federal contractors to become effective September 8, 2009. Federal agencies are now permitted to require federal contractors to use E-Verify to confirm the work eligibility status of their employees. 

For more information, see Littler's ASAP: Federal Contractors: Be Aware of New E-Verify Requirements in Contracts by Jorge R. Lopez, Joshua Roffman, Aimee Clark Todd and Russell C. Ford. 

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As reported by Daily Journal of Commerce, business groups have appealed the August 25 decision by a federal district court in Maryland upholding the E-Verify Federal Contractor Rule. As previously discussed, the rule is set to take effect on September 8, 2009. If government officials do not voluntarily postpone the effective date, lawyers for the business groups have indicated that they will ask the courts to do so.

Criticisms about E-Verify include:

• the system’s inability to support a large influx of users;
• the complicated nature of the system; and 
• a requirement that contractors who sign up for the system provide the government with access to their books at any time.

Others, however, contend that:

• the system is simple to use;
• an influx of government spending has improved the system; and
• the odds of being audited are probably minimal.

The E-Verify Federal Contractor Rule was created via an executive order by George W. Bush in June 2008 but the effective date was postponed until a new administration was sworn in. The Rule requires contractors receiving federal funds to verify that their employees can legally work in the United States.

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Legislation introduced in both the House and Senate aimed at reducing illegal immigration would expand the E-Verify employment verification system, and require its use by all employers. The Secure America through Verification and Enforcement Act (SAVE Act) (H.R. 3308, S. 1505) was originally introduced in 2007, but died in committee. The current bills introduced by Rep. Heath Shuler (D-NC) and Sen. Mark Pryor (D-Ark.) remain substantially similar to the earlier versions. Essentially, both bills contain three components to curb illegal immigration, the second of which would impact employers. Both bills would mandate the use of E-Verify, although the Senate bill provides for a slightly longer timeframe in which all employers must be in compliance with the Act. Continue reading about this development on Littler's Washington D.C. Employment Law Update blog.

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A recent USCIS study reports that American businesses authenticate 1 in 4 new hires’ work status using E-Verify. According to a Homeland Security Insight & Analysis article, in 2009 there have been about 6 million E-Verify queries, a considerable increase from previous years. E-Verify boasts a 96.9% accuracy rate, and the program is frequently analyzed and updated. Substantial improvements are scheduled to occur in August 2009.

Although E-Verify has been praised by many in the business community, caution over mandating usage among all employers, particularly smaller employers, has been expressed. Others, however, believe that the system represents an efficient and effective way to curb illegal immigration, and are hoping that Congress increases funding and expands the program.

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Yesterday, the Senate approved by voice vote an amendment (S. AMDT. 1371) to the Department of Homeland Security (DHS) appropriations bill (H.R. 2892) that would make the E-Verify program permanent. Currently a voluntary initiative, E-Verify is an Internet based system operated by DHS in partnership with the Social Security Administration (SSA) that allows employers to electronically verify the employment eligibility of potential and current employees. The amendment – introduced by Sen. Jeff Sessions (R-Ala.) – requires that all government contractors who do work for the federal government use E-Verify to screen their potential hires. Following introduction of the amendment, Sen. Charles Schumer (D-NY) criticized the E-Verify program, saying that it is a flawed system that “creates havoc for both employers and employees.” Continue reading about this development on Littler's Washington D.C. Employment Law Update blog.

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Department of Homeland Security (DHS) Secretary Janet Napolitano has announced that the Obama administration will fully implement the federal contractor rule that extends use of the E-Verify system to covered federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds. Starting on September 8, 2009, the rule will apply to federal solicitations and contract awards government-wide. At the same time, Napolitano announced that DHS intends to rescind the Social Security No-Match Rule.

In making the announcement, Napolitano commented: “E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce. . . . As Senator Schumer and others have recognized, we need to continue to work to improve E-Verify, and we will.” Initiatives now underway with respect to E-Verify are designed to:

• further improve federal database accuracy;
• add new tools to prevent fraud, misuse, and discrimination;
• strengthen training, monitoring, and compliance; and
• enhance privacy protections.

As reported by The New York Times, support for the E-Verify system is by no means universal. Immigrant advocacy groups continue to criticize E-Verify, and the system is being challenged in federal court by the US Chamber of Commerce and other business groups, who contend that the databases it relies upon is full of errors.

Regarding the 2007 No-Match Rule, which was blocked by court order shortly after issuance and has never taken effect, DHS will propose a new regulation that will rescind the rule. With respect to rescission of the No-Match Rule, the DHS announcement noted that the E-Verify system addresses data inaccuracies more quickly and “provides a more robust tool for identifying unauthorized individuals and combating illegal employment.”

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Senator Charles Schumer (D-NY), chairman of the Senate Judiciary subcommittee on immigration, has strongly criticized the E-Verify system and proposes replacing it with a biometric-based federal employment verification system. As reported by Workforce Management, Schumer has called E-Verify “unfair” because it singles out individuals with Hispanic surnames and “ineffective” because unauthorized workers can slip through the system by using stolen Social Security numbers and fake IDs.

However, it is far from certain that Schumer’s plan to scrap E-Verify will succeed. The House recently approved a homeland security appropriations bill that includes a two-year reauthorization of E-Verify, and it also has approved redirecting $50 million of the DHS budget to the U.S. Customs and Immigration Services for E-Verify enhancements.

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A bill introduced by Rep. Gabrielle Giffords (D-AZ) would extend the E-Verify program through September 2014. The Employee Verification Amendment Act of 2009 (H.R. 2679) would also order a General Accounting Office (GAO) study to determine the cause of errors made by this employment verification system, and its effects on small businesses.  Continue reading about this development on Littler's Washington D.C. Employment Law Update blog.

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The federal government has told a Maryland judge that it plans to delay for the fourth time the effective date of a rule requiring certain federal contractors and subcontractors to use the E-Verify program.  Continue reading about this development on Littler's Washington DC Employment Law Update blog.

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As reported in The Los Angeles Times, the E-Verify program recently received a few boosts, with the Obama administration announcing that it wants Congress to allocate an additional $12 million to the program in the next fiscal year (bringing its budget to $112 million) and Department of Homeland Security Secretary Janet Napolitano stating in a congressional hearing that E-Verify was "a cornerstone of workplace enforcement across the country." Almost 125,000 businesses are signed up for the E-Verify program. Some argue, though, that E-Verify will not solve the issue of illegal immigration and that expansion of the program would only push more undocumented workers underground. Others generally support E-Verify but criticize the program’s accuracy rate. The government reports that E-Verify has a 96% accuracy rate, and Napolitano has stated that the government plans to improve the accuracy of the databases.

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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.

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E-Verify is an Internet-based system operated by the Department of Homeland Security's U.S. Citizenship and Immigration Services (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to verify electronically the identity and employment eligibility of their newly hired employees, regardless of citizenship. Specifically, the SSA will verify that the name, Social Security number, and date of birth are correct, and the DHS will verify that the employee is in an employment-authorized immigration status.  Continue reading the April 2009 Littler "Insight" publication "A Basic Guide to E-Verify and Related Immigration Compliance: Everything Federal Contractors and Others Need to Know to Comply with E-Verify Requirements," written by Jorge R. Lopez, Joshua S. Roffman, Aimee Clark Todd, Shin-I Lowe and Lisa A. Cottle.
 

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On April 16, 2009, the U.S. Department of Defense announced that the effective date of the Federal Contractor E-Verify Rule will be delayed until June 30, 2009. To that end, the federal government will include the new E-Verify clause in affected contracts on or after June 30, 2009. The government will also take steps to reach out to affected contractors to bi-laterally modify existing affected contracts on or after that date.

On June 6, 2008, President George W. Bush issued Executive Order 13465, entitled “Economy and Efficiency in Government Procurement through Compliance with Certain Immigration and Nationality Act Provisions and the Use of an Electronic Employment Eligibility Verification System.” Three days later, the Secretary of Homeland Security designated the E-Verify system as the system to be used by federal contractors to satisfy the Executive Order’s mandate. The final rule requiring certain federal government contractors to use the E-Verify system to confirm their employees’ eligibility to work in the United States was first published by the Department of Defense (DOD), General Services Administration (GSA) and National Aeronautics and Space Administration (NASA) in the Federal Register on November 14, 2008. It was scheduled to go into effect on May 21, 2009.

Notice of the delay until June 30, 2009 is expected to be published in the April 17, 2009 edition of the Federal Register.

This entry was authored by Lisa Cottle.
 

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As reported at the DailyRecord.com, Department of Homeland Security Secretary, Janet Napolitano, has stated that she supports the E-Verify program and would like to see it extended beyond its current expiration date of September 30, 2009. Napolitano also remarked that the Obama administration has not yet taken a position on whether to require all U.S. employers to use E-Verify.

During her interview with Gannett Washington Bureau, Napolitano referred to her experience with E-Verify while she was governor of Arizona. Napolitano stated:

Some of the arguments that are made about how [E-Verify] works or does not work don’t carry much water with me. I’ve already used it for several years. It works.
 

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On March 12, 2009, a federal district court in Illinois ruled that a state law prohibiting employers from enrolling in the federal E-Verify program violates the Supremacy Clause of the United States Constitution. United States v Illinois, CDIll, No 07-3261 (Mar. 12, 2009). The Illinois Right to Privacy in the Workplace Act (Ill. P.A. 95-137), scheduled to take effect on January 1, 2008, amended the Illinois Right to Privacy Act by prohibiting employers in the state from enrolling in the E-Verify program until the Social Security Administration and the Department of Homeland Security (DHS) were able to achieve a 99% accuracy rating with regard to making a determination on tentative nonconfirmation notices within three days of issuance.

The DHS sued the State of Illinois to repeal the law saying that it interfered with an employer’s right to participate in the voluntary federal program to verify whether a potential employee has valid U.S. work authorization. The federal district court in Illinois sided with DHS, holding that the law is preempted by the Supremacy Clause. Even though the E-Verify program is not mandatory, the court reasoned that the state law frustrates Congress’ intent to make the program available to all employers. The district court enjoined the State of Illinois from enforcing the law.

This article was written by Jorge R. Lopez, a shareholder in Littler's Miami office.

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As a result of anxiety over workplace raids and uncertainty over the future of illegal immigrants in the United States, the E-Verify system is soaring in popularity across the country, growing by 1,000 companies a week, The Boston Globe reported. The number of businesses in the E-Verify system has increased 10-fold since 2006. Leading the trend are Arizona and Mississippi, which have made the system mandatory for all employers, as well as 10 other states that require E-Verify for state agencies and contractors. But use of the system is also growing in states where it is optional, such as California, Texas and Massachusetts.

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In a late session yesterday, the Senate voted to approve the $410 billion omnibus appropriations bill (H.R. 1105). The House had approved this measure – which extends the E-Verify and EB-5 investor visa programs until September 30, 2009 – on February 25.  Continue reading about this development on Littler's Washington DC Employment Law Update blog.

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On February 26, President Obama unveiled his proposed $3 trillion budget.  As expected, the budget includes increased funding for various agencies tasked with oversight of employers. One highlight of this proposal is funding of $110 million to continue expansion of the E-Verify program. Continue reading about this development on Littler's Washington DC Employment Law Update blog.

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Embedded in the massive House Appropriations bill (H.R. 1105) that was approved on Wednesday by a vote of 245-178 are provisions extending the E-Verify and EB-5 investor visa programs until September 30, 2009. Both programs are set to expire on March 6, 2009.  Continue reading about this development on Littler's Washington DC Employment Law Update blog.

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As reported at Workforce.com, Rep. Ken Calvert, R-California, who authored the bill that established E-Verify, was unhappy that a provision requiring companies receiving stimulus funding to sign up for E-Verify did not survive in the $787 billion stimulus package. Representative Calvert stated that “there is no assurance that the jobs created will go to American workers,” and asserted that E-Verify was “stripped out of the bill without discussion or debate.” A separate provision, which would have reauthorized E-Verify, also was excluded from the final stimulus package.

Even though E-Verify did not make it into the stimulus package, Congress is likely to find a way to maintain the program (due to expire on March 6, 2009) until it can be addressed as part of a comprehensive immigration bill.
 

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Immigration-related bills are being introduced at a rapid pace. While many of these bills are destined to languish in committee, the sheer volume of immigration legislation introduced by both parties barely two months into the new Congress increases the chance that at least one bill will eventually receive real consideration. The latest bill – Electronic Employment Eligibility Verification and Illegal Immigration Control Act (H.R. 1096) – would amend the Immigration and Nationality Act to create an electronic employment eligibility verification system and a detailed employment verification process, expand the verification system to apply to previously hired individuals, and increase employer penalties for violations, among other things. Continue reading about this bill on Littler's Washington DC Employment Law Update blog

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The American Recovery and Reinvestment Act of 2009, signed by President Obama on February 17, imposes limits on the availability of H-1B visas, but the E-Verify amendment proposed in an earlier version of the bill was eliminated from the final version. Continue reading Littler's ASAP, "Besides COBRA: What Does the Stimulus Package Have for Employers," by Ellen N. Sueda, GJ Stillson MacDonnell, Patricia A. Haim, and Chadwick M. Graham.

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The nation’s economic troubles have inspired a number of new employment-related bills. One immigration bill seeks to promote hiring Americans by limiting the incentives for illegal aliens to move to the United States to live and work, while another bill would facilitate the hiring of foreign workers under the H-2B guest worker program. Continue reading about these bills on Littler's Washington DC Employment Law Update blog.

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USA Today reports that the federal E-Verify system is becoming increasingly popular with states, despite the pitfalls and controversies that surround its use. The problems, identified in a report commissioned by the Homeland Security Department, include the following:

• false preliminary rejections that may result in increased discrimination against foreign-born employees
• improper use of E-Verify to check the status of job applicants
• lack of measures to prevent the use of fraudulent IDs

Janet Napolitano, new head of the Department of Homeland Security and a strong supporter of E-Verify, has ordered a review of the program, due February 20, 2009.

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Senate Bill 23, the "Fair and Legal Employment for Coloradans Act," was killed in the Senate Committee on State, Veterans & Military Affairs. The bill, sponsored by Senator David Schultheis (R- Colorado Springs), would have required employers to participate in the federal E-Verify program. On his website, Sen. Schultheis had the following to say about the bill's defeat :

This bill was killed in State Affairs committee on 2/8 by Democrats on a party-line vote."
 

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The effective date of the E-Verify federal contractor regulation has been pushed back yet again – it has now been delayed until May 21, 2009. (See our previous blog post for more information about the original compliance deadline). The E-Verify federal contractor rule requires certain federal contractors to use E-Verify to check the work authorization of employees assigned to federal contracts, as well as new hires. Continue reading Littler's ASAP, Effective Date of Federal Contractor E-Verify Regulation Pushed Back to May 2009, by Jorge Lopez, Joshua Roffman and Lisa Cottle.

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The federal government has agreed to delay the effective date of the E-Verify federal contractor regulation announced in November until February 20, 2009. The delay raises the question of whether President-elect Obama will add the regulation to his rescission list once he takes office.
 

For more information on this development, see Littler ASAP: Effective Date of E-Verify Federal Contractor Regulation Postponed Until February 20, 2009 by Jorge R. Lopez, Lisa A. Cottle and Joshua S. Roffman.

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The Arkansas Democrat Gazette reports that Arkansas state representative Bill Sample plans to introduce a bill requiring, in part, verification of Social Security numbers prior to the issuance of employee identification cards. Rep. Sample made the following comments about the bill:

It will establish proper guidelines for the issuance of identification cards and documents. ... We're trying to define who can give out identification cards and what those ID cards would state. We don't want those phony ID cards to go out. ... If you give them an ID card, you're responsible to do a little due diligence and make sure that person is in the state legally.

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Wyoming lawmakers are considering immigration legislation that would eventually require all Wyoming employers to participate in E-Verify. Under H.B. 0103, all employers would be required to participate in E-Verify not more than three years after the effective date of the act. 

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Senator Brad Ashford has introduced L.B. 34, the "Nebraska Fair and Legal Employment Act." The bill would, among other things, require all employers to participate in E-Verify by 2011.

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According to an Associated Press pre-session survey, a majority of participating Nebraska state legislators support tough policies on illegal immigration. Measures favored by the lawmakers include requiring employers to use the federal employment verification system, E-Verify. See the complete story in the Columbus Telegram.

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Given the current economic crisis and other pressing issues facing the new president, sweeping immigration legislation is unlikely. Immigration policy in general is a contentious topic, so expect more piecemeal legislation as opposed to radical, across-the-board reform, as even in this economy there are areas where the shortages are not meeting our demographic needs, such as healthcare recruitment. Continue reading entry on Littler's Washington DC Employment Law update blog.

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