Mandatory E-Verify Bills Introduced in House and Senate This Week

As expected, the House Judiciary Committee introduced a bill mandating the use of E-Verify for all employers this week.  The Legal Workforce Act sets mandatory phase-in participation to the E-Verify system for all new hires, some beginning as early as six months from enactment for employers, based on the size of the company.  Re-verification of an employer’s existing workforce is an option; however it would be required in certain situations.   Currently, the E-Verify program is voluntary unless one is a federal contractor. AGC has been in discussions with Committee staff on this legislation and the bill contains many of the priorities we feel are needed in a mandatory program.  There is no vicarious liability, penalties seem reasonable, the “knowing” standard remains as a liability standard, and there is federal preemption.  The federal preemption would allow states, localities and municipalities authority over business licensing.   The House Judiciary Committee held a hearing on the bill on June 15 and hopes to have a vote in Committee in the near future. On the Senate side, Senator Chuck Grassley (R-Iowa) introduced a bill Wednesday called the Accountability Through Electronic Verification Act.  This bill was put together without any input from business groups.  Instead of a phase-in based on size, all businesses would have to use the system within one year.  It also requires certification by the general contractor that a subcontractor is using the E-Verify system.  AGC remains a steering committee member of the Essential Worker Immigration Coalition (EWIC), which is dedicated to working on immigration issues with both the Administration and Congress. AGC is viewed by both those in the coalition and on Capitol Hill as a leader in the immigration debate and on how to work with employers on this sensitive issue. For more information, please contact Kelly Knott at (202) 547-4685 or knottk@agc.org.