GOP Releases National Mandatory E-Verify Legislation

House Judiciary Committee Chairman Lamar Smith recently introduced legislation for a national mandatory E-Verify. Today the House Sub-Committee on Immigration and Enforcement met to discuss the legislation. We will have analysis of that tomorrow, today we will look at how the introduction is playing across the country.

Faith groups have come out strongly against the legislation, citing the cost of moving forward on the legislation, quoting a Bloomberg story which says that mandatory E-Verify would cost an estimated 2.7 billion dollars a year for small businesses. Gary Martin of The Houston Chronicle  noted that according to leading experts that number could actually be as high as 17.3 billion dollars.

The Los Angeles Times released an Editorial from Raul Reyes, a lawyer living in New York, pushing back on an Op-Ed written by Congressmen Smith and Elton Gallegly.  The editorial does a good job of pushing back on the notion that the E-Verify system is accurate, by citing a report that shows that E-Verify only catches 54% of undocumented immigrants.

Business is actually split on the legislation with the U.S. Chamber of Commerce endorsing the legislation, and the agriculture industry firmly against it.

Below is a summary of the major components of the legislation:

  • Repeals I-9 System:  Repeals the current paper-based I-9 system and replaces it with a completely electronic work eligibility check.
  • Gradual Phase-In:  Phases-in mandatory E-Verify participation for new hires in six month increments beginning on the date of enactment.  Within six months of enactment, businesses having more than 10,000 employees are required to use E-Verify.  Within 12 months after enactment, businesses having 500 to 9,999 employees are required to use E-Verify.  Within 18 months after enactment, businesses having 20 to 499 employees must use E-Verify.  And within 24 months after enactment, businesses having 1 to 19 employees must use E-Verify.
  • Agriculture:  Requires that employees performing “agricultural labor or services” are only subject to an E-Verify check within 36 months of the date of enactment.  Under the bill, an individual engaged in seasonal agricultural employment is not considered a new hire if the individual starts work with an employer for whom they have previously worked.
  • Federal Preemption:  Preempts state laws mandating E-Verify use for employment eligibility purposes but retains the ability of states and localities to condition business licenses on the requirement that the employer use E-Verify in good faith under the federal law. 
  • Safe Harbor:  Grants employers safe harbor from prosecution if they use the E-Verify program in good faith, and through no fault of theirs, receive an incorrect eligibility confirmation.   

A copy of the bill can be found HERE.

Senator Chuck Grassly also release a Senate version which can be read HERE.