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House Judiciary Committee Approves National E-Verify Legislation

On Sept. 21, 2011, the House Judiciary Committee approved, by a 22-13 vote, H.R. 2885, the Legal Workforce Act, sponsored by Chairman Lamar Smith (R-Texas).  The legislation would require all U.S. employers to use E-Verify. Although E-Verify is not currently mandatory, federal contractors are required to use the system and many businesses voluntarily use the program.  Nearly 290,000 American employers use E-Verify and an average of 1,300 new businesses sign up each week. The bill aims to bring certainty to the verification process by preempting states and localities from enacting their own E-Verify laws. AGC has expressed support for the legislation because the bill has a clear, safe harbor for employers who act in good faith. The legislation also has support from a broad coalition of industry partners, including the U.S. Chamber of Commerce, National Association of Home Builders, National Restaurant Association, American Council on International Personnel, Society for Human Resource Management, Associated Builders and Contractors, National Council of Chain Restaurants, National Roofing Contractors Association, Tree Care Industry Association, International Franchise Association, American Hotel and Lodging Association, American Staffing Association, NumbersUSA, and Federation for American Immigration Reform.  It is not likely that the legislation will be considered by the House this year. The legislation  faces challenges from agricultural interests and states’ rights advocates. For more information, please contact Marco Giamberardino at (703) 837-5325 or giamberm@agc.org.