One of the key implications of SB4529 is its potential to solidify the E-Verify system as a critical tool in the fight against unauthorized employment in the U.S. By mandating its use, the bill aims to reduce the incidents of identity theft associated with employment eligibility and ensure that employers do not inadvertently or deliberately hire individuals who are unauthorized to work. Furthermore, the bill introduces enhanced penalties for violations and frames a structure for civil and criminal enforcement, which may significantly change the landscape of employment practices across various industries.
Summary
SB4529, also known as the Mandatory E-Verify Act of 2024, seeks to establish the E-Verify employment eligibility verification system as a permanent requirement for all employers in the United States. The bill mandates that any entity engaged in hiring, recruiting, or referring individuals for employment must utilize the E-Verify system to verify the employment eligibility of their hires. The legislation outlines a timeline for implementation based on the size of the employer, with larger employers required to comply sooner than smaller ones. The provisions of this bill aim to enforce stricter guidelines in ensuring that workers are legally authorized to work in the U.S.
Contention
The bill has raised notable points of contention among lawmakers and advocacy groups. Supporters argue that mandatory use of E-Verify can help prevent illegal immigration and protect American jobs, while critics express concerns regarding privacy issues and the risk of discrimination against potential employees, particularly vulnerable populations. Additionally, some local governments fear that the federal mandate could undermine state and local regulations that might offer more nuanced approaches to employment verification. The bill stipulates that it preempts any conflicting state or local laws regarding employment verification, escalating the debates surrounding federal versus local control in immigration matters.
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
Secure the Border Act of 2023 This bill addresses issues regarding immigration and border security, including by imposing limits to asylum eligibility. For example, the bill requires the Department of Homeland Security (DHS) to resume activities to construct a wall along the U.S.-Mexico border; provides statutory authorization for Operation Stonegarden, which provides grants to law enforcement agencies for certain border security operations; prohibits DHS from processing the entry of non-U.S. nationals (aliens under federal law) arriving between ports of entry; limits asylum eligibility to non-U.S. nationals who arrive in the United States at a port of entry; authorizes the removal of a non-U.S. national to a country other than that individual's country of nationality or last lawful habitual residence, whereas currently this type of removal may only be to a country that has an agreement with the United States for such removal; expands the types of crimes that may make an individual ineligible for asylum, such as a conviction for driving while intoxicated causing another person's serious bodily injury or death; authorizes DHS to suspend the introduction of certain non-U.S. nationals at an international border if DHS determines that the suspension is necessary to achieve operational control of that border; prohibits states from imposing licensing requirements on immigration detention facilities used to detain minors; authorizes immigration officers to permit an unaccompanied alien child to withdraw their application for admission into the United States even if the child is unable to make an independent decision to withdraw the application; imposes additional penalties for overstaying a visa; and requires DHS to create an electronic employment eligibility confirmation system modeled after the E-Verify system and requires all employers to use the system.