E-Verify Data Privacy and Wrongful Unemployment Act of 2023
Impact
If enacted, HB4430 would significantly alter the operational framework of the employment verification system utilized under current immigration laws. Employers would be granted the ability to hire individuals temporarily, for up to 180 days, if they believe there has been a wrongful failure to verify an employee. This feature aims to safeguard workers who might be wrongfully impacted by verification errors, thus addressing the potential for unjust unemployment and enabling employers to make good faith employment decisions while awaiting resolution on verification issues.
Summary
House Bill 4430, titled the ‘E-Verify Data Privacy and Wrongful Unemployment Act of 2023,’ was introduced to amend the Immigration and Nationality Act with a focus on enhancing data privacy within the employment verification system. The bill seeks to ensure that any information collected through this system is kept secure and personal identifiers protected. Furthermore, it prohibits the inclusion of sensitive data such as race, religious beliefs, genetic information, and health-related data in the verification processes.
Contention
The bill introduces points of contention primarily around the balancing act between enhancing privacy protections and maintaining effective verification of employment eligibility. Critics may argue that while the bill addresses privacy concerns, it could lead to potential loopholes that might be exploited by employers or create uncertainties regarding the verification process. Supporters, however, laud the step towards ensuring that individual privacy is not compromised in the name of enforcement, highlighting the need for protections against wrongful unemployment caused by bureaucratic errors in the verification system.
Legal Workforce Act This bill directs the Department of Homeland Security (DHS) to create an electronic employment eligibility confirmation system modeled after and to replace the E-Verify system, which allows employers and recruiters to verify the immigration status of individuals. The bill also mandates the use of such a system, where currently only some employers, such as those with federal contracts, are required to use E-Verify. The bill specifies documents that can establish an individual's identity and employment authorization. During the period starting when a job offer is made until three business days after hiring, the individual must attest to his or her employment authorization, and the employer or recruiter must attest that it has examined the individual's required documents. Employers shall reverify certain types of employees who were not previously verified using E-verify. The Social Security Administration shall notify employees if their Social Security number has been used multiple times in an unusual manner. DHS shall establish programs for blocking and suspending misused numbers. Employers that are required to use the verification system shall not be liable for any employment-related action based on a good-faith reliance on the information from the system. The bill establishes a phased-in participation deadline for different categories of employers, including agricultural employers. The bill increases civil penalties related to hiring individuals without work authorization. It also preempts state laws relating to hiring and employment eligibility verification, but states may use their authority of business licensing to penalize employers for failing to comply with the bill's provisions.
Border Security and Enforcement Act of 2023 Legal Workforce Act Immigration Parole Reform Act of 2023 Visa Overstays Penalties Act Protection of Children Act of 2023 Ensuring United Families at the Border Act Border Safety and Migrant Protection Act of 2023 Asylum Reform and Border Protection Act of 2023