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.
The enactment of HB319 would lead to major implications for both employers and employees. Employers who fail to comply with the electronic verification system could face civil penalties, which the bill proposes to increase significantly. Moreover, the bill allows employers to reverify certain employees, thereby increasing the paperwork required for workforce management. Importantly, it preempts state laws concerning labor and hiring, allowing states to penalize non-compliant employers using their authority over business licensing. This centralization of employment verification authority could override existing state laws that provide alternative protections or processes for hiring.
House Bill 319, also known as the Legal Workforce Act, proposes significant amendments to the Immigration and Nationality Act. Its core objective is to establish a mandatory electronic employment eligibility verification system to replace the existing E-Verify system. The bill compels all employers to use this system to verify the work authorization status of employees, a requirement that previously applied only to certain employers, such as those with federal contracts. This change aims to streamline the verification process and enhance compliance with immigration laws by ensuring that all newly hired individuals present valid documentation confirming their employment eligibility.
Debates surrounding HB319 have highlighted notable points of contention among lawmakers and advocacy groups. Proponents argue that the bill is essential for preventing unauthorized employment and protecting American jobs. Critics, however, raise concerns regarding employee privacy and the potential for discrimination based on reliance on the electronic system, particularly given issues with accuracy in verification processes. There is also apprehension that the increased employer liabilities and stricter verification requirements could inadvertently discourage hiring or lead to adverse impacts on vulnerable worker populations.