Federal - HR 3711

A bill to amend the Immigration and Nationality Act to make mandatory and permanent requirements relating to use of an electronic employment eligibility verification system, and for other purposes.

Introduced

September 8, 2017

Description

A bill to amend the Immigration and Nationality Act to make mandatory and permanent requirements relating to use of an electronic employment eligibility verification system, and for other purposes.

Our Position

Support

Original Sponsor 1

Co-Sponsors 43

Latest Actions See More/Less

  • Nov. 15, 2017 — Additional cosponsor(s): 1

    Roe, (R-Tenn.)
  • Nov. 7, 2017 — Additional cosponsor(s): 2

    Cole, (R-Okla.)Smucker, (R-Pa.)
  • Oct. 31, 2017 — Additional cosponsor(s): 2

    Bucshon, (R-Ind.)Dunn, (R-Fla.)
  • Oct. 25, 2017 — Full committee consideration and markup held by the House Judiciary Committee.

    Oct. 25, 2017 — Committee Vote: Electronic Employment Eligibility Verification — Unfair Immigration-Related Employment Practice
    Conyers, D-Mich. —

    Amendment to the Smith, R-Texas, substitute amendment that would make it an unfair immigration-related employment practice for employers to:

    • violate requirements to notify applicants or employees that preliminary E-verify results indicate problems with their legal work status;
    • terminate or rescind a job offer before an employer receives a final confirmation that an applicant or worker is in the country illegally or using recertification of a worker's legal work status to retaliate against that worker;
    • require applicants to use self-verification procedures as a condition to be hired or for continued employment;
    • use the verification system prior to the verification period; or
    • voluntarily verify an individual without verifying all individuals employed at the same geographic location, or (at the option of the employer) all individuals employed within the same job category as the individual whom the employer seeks to verify the status.

    Amendment to the Smith, R-Texas, substitute amendment that would make it an unfair immigration-related employment practice for employers to:

    • violate requirements to notify applicants or employees that preliminary E-verify results indicate problems with their legal work status;
    • terminate or rescind a job offer before an employer receives a final confirmation that an applicant or worker is in the country illegally or using recertification of a worker's legal work status to retaliate against that worker;
    • require applicants to use self-verification procedures as a condition to be hired or for continued employment;
    • use the verification system prior to the verification period; or
    • voluntarily verify an individual without verifying all individuals employed at the same geographic location, or (at the option of the employer) all individuals employed within the same job category as the individual whom the employer seeks to verify the status.
    • Rejected 11-16.

      Oct. 25, 2017 — Committee Vote: Electronic Employment Eligibility Verification — Agricultural Labor Shortages
      Lofgren, D-Calif. —

      Amendment to the Smith, R-Texas, substitute amendment that would delay the effective date of the use of E-Verify certification of seasonal agricultural workers until the departments of Homeland Security and Agriculture determine that such verifications will not lead to a significant labor shortage for U.S. agricultural employers.

      Amendment to the Smith, R-Texas, substitute amendment that would delay the effective date of the use of E-Verify certification of seasonal agricultural workers until the departments of Homeland Security and Agriculture determine that such verifications will not lead to a significant labor shortage for U.S. agricultural employers.

      Rejected 10-18.

      Oct. 25, 2017 — Committee Vote: Electronic Employment Eligibility Verification — Administrative Appeals
      H. Johnson, D-Ga. —

      Amendment to the Smith, R-Texas, substitute amendment that would create an administrative appeals process with judicial review for job seekers or employees who receive an erroneous final confirmations that they are not in the country legally.

      It would give workers 15 days to file appeals. It would require those claiming to be U.S. citizens to file such administrative appeals with the Social Security Administration while those claiming to be legal immigrants would be required to file with the Department of Homeland Security. It would direct the Homeland Security secretary to compensate individuals who received an erroneous final confirmation for up to $75,000 in lost wages and up to $50,000 for attorney's fees.

      Amendment to the Smith, R-Texas, substitute amendment that would create an administrative appeals process with judicial review for job seekers or employees who receive an erroneous final confirmations that they are not in the country legally.

      It would give workers 15 days to file appeals. It would require those claiming to be U.S. citizens to file such administrative appeals with the Social Security Administration while those claiming to be legal immigrants would be required to file with the Department of Homeland Security. It would direct the Homeland Security secretary to compensate individuals who received an erroneous final confirmation for up to $75,000 in lost wages and up to $50,000 for attorney's fees.

      Rejected by voice vote.

      Oct. 25, 2017 — Committee Vote: Electronic Employment Eligibility Verification — Class Action Lawsuits
      Deutch, D-Fla. —

      Amendment to the Smith, R-Texas, substitute amendment that would strike language that would prohibit class action lawsuits for people who lose their jobs because of an erroneous E-Verify report that they are not in the country legally.

      Amendment to the Smith, R-Texas, substitute amendment that would strike language that would prohibit class action lawsuits for people who lose their jobs because of an erroneous E-Verify report that they are not in the country legally.

      Rejected 10-20.

      Oct. 25, 2017 — Committee Vote: Electronic Employment Eligibility Verification — E-Verify Exemptions
      Cicilline, D-R.I. —

      Amendment to the Smith, R-Texas, substitute amendment that would strike language that would require employers, who voluntarily seek to verify the identity and employment eligibility employed by the employer, to verify all individuals employed at the same geographic location or all individuals employed in the same job category as the individual the employer seeks to verify. It also would strike language that would bar government agencies to consider an employer's decision about whether or not to voluntarily verify the employment eligibility of its current workforce during any proceeding, investigation or review in accordance with the bill.

      It also would exempt union hiring halls and day labor centers from the requirement to use E-Verify to screen people they recruit or refer for jobs.

      Amendment to the Smith, R-Texas, substitute amendment that would strike language that would require employers, who voluntarily seek to verify the identity and employment eligibility employed by the employer, to verify all individuals employed at the same geographic location or all individuals employed in the same job category as the individual the employer seeks to verify. It also would strike language that would bar government agencies to consider an employer's decision about whether or not to voluntarily verify the employment eligibility of its current workforce during any proceeding, investigation or review in accordance with the bill.

      It also would exempt union hiring halls and day labor centers from the requirement to use E-Verify to screen people they recruit or refer for jobs.

      Rejected 10-19.

      Oct. 25, 2017 — Committee Vote: Electronic Employment Eligibility Verification — Immigration Discrimination Penalties
      Lofgren, D-Calif. —

      Amendment to the Smith, R-Texas, substitute amendment that would increase monetary penalties for companies or employers that use erroneous E-verify results to fire naturalized citizens, legal immigrants or other legal noncitizens or to engage in other forms of discrimination.

      Amendment to the Smith, R-Texas, substitute amendment that would increase monetary penalties for companies or employers that use erroneous E-verify results to fire naturalized citizens, legal immigrants or other legal noncitizens or to engage in other forms of discrimination.

      Rejected by voice vote.

      Oct. 25, 2017 — Committee Vote: Electronic Employment Eligibility Verification — Immigration Overhaul
      Gutierrez, D-Ill. —

      Amendment to the Smith, R-Texas, substitute amendment that would delay implementation of the mandate for employers to use E-Verify until the Department of Homeland Security certifies to Congress that there are sufficient procedures for undocumented workers, present in the U.S. on the date of the bill's enactment, to attain "lawful permanent resident" status.

      Amendment to the Smith, R-Texas, substitute amendment that would delay implementation of the mandate for employers to use E-Verify until the Department of Homeland Security certifies to Congress that there are sufficient procedures for undocumented workers, present in the U.S. on the date of the bill's enactment, to attain "lawful permanent resident" status.

      Rejected 10-20.

      Oct. 25, 2017 — Committee Vote: Electronic Employment Eligibility Verification — Substitute Amendment
      L. Smith, R-Texas —

      Substitute amendment that would add drivers licenses or identification card containing an individual's photo as well as the person's name, date of birth, height, gender,eye color and address issued by American Samoa to the list of acceptable identification documents.

      It also would clarify that an employer can use a photo-matching tool to match the photo on an employment or identity document or to the face of the individual submitting the document for employment verification.

      Substitute amendment that would add drivers licenses or identification card containing an individual's photo as well as the person's name, date of birth, height, gender,eye color and address issued by American Samoa to the list of acceptable identification documents.

      It also would clarify that an employer can use a photo-matching tool to match the photo on an employment or identity document or to the face of the individual submitting the document for employment verification.

      Adopted without objection.

      Oct. 25, 2017 — Committee Vote: Electronic Employment Eligibility Verification — Vote to Report

      Repeal the paper-based I-9 employment eligibility verification system and require U.S. employers to check the work eligibility of all future hires through the E-Verify system.

      It would phase-in the mandatory participation in the E-Verify system and would require businesses with more than 10,000 employees to use the system within six months of the bill's enactment. It would require businesses with 500-9,999 employees to begin using the system within one year of the bill's enactment; those with 20-499 employees within 18 months of the bill's enactment and businesses with 1-19 employees within two years of the bill's enactment. It also would subject employees who perform "agricultural labor or services" to E-Verify checks within 30 months of the bill's enactment.

      It would allow employers to use the E-Verify system to check the work eligibility of current employees, but would require employers to check all employees in the same geographic location or those who are in the same job category. As amended it would allow employers to use a photo-matching tool to match the photo on an employment or identity document or to the face of the individual submitting the document for employment verification.

      It would allow states and localities to condition business licenses on the use of the E-Verify system. It also would allow states to enforce the E-Verify mandate and would allow them to keep the money from fines recovered from employers who violate the law.

      It would exempt from prosecution, employers who use the E-Verify program in "good faith" and terminate employees due to incorrect eligibility confirmations.

      The bill also would increase penalties on employers who knowingly hire undocumented immigrants. It also would create a penalty for individuals who knowingly submit false information to the E-Verify system.

      Repeal the paper-based I-9 employment eligibility verification system and require U.S. employers to check the work eligibility of all future hires through the E-Verify system.

      It would phase-in the mandatory participation in the E-Verify system and would require businesses with more than 10,000 employees to use the system within six months of the bill's enactment. It would require businesses with 500-9,999 employees to begin using the system within one year of the bill's enactment; those with 20-499 employees within 18 months of the bill's enactment and businesses with 1-19 employees within two years of the bill's enactment. It also would subject employees who perform "agricultural labor or services" to E-Verify checks within 30 months of the bill's enactment.

      It would allow employers to use the E-Verify system to check the work eligibility of current employees, but would require employers to check all employees in the same geographic location or those who are in the same job category. As amended it would allow employers to use a photo-matching tool to match the photo on an employment or identity document or to the face of the individual submitting the document for employment verification.

      It would allow states and localities to condition business licenses on the use of the E-Verify system. It also would allow states to enforce the E-Verify mandate and would allow them to keep the money from fines recovered from employers who violate the law.

      It would exempt from prosecution, employers who use the E-Verify program in "good faith" and terminate employees due to incorrect eligibility confirmations.

      The bill also would increase penalties on employers who knowingly hire undocumented immigrants. It also would create a penalty for individuals who knowingly submit false information to the E-Verify system.

      Ordered reported favorably to the full House (as amended) 20-10.

  • Oct. 24, 2017 — Full committee consideration and markup held by the House Judiciary Committee.

  • Oct. 23, 2017 — Additional cosponsor(s): 1

    Meadows, (R-N.C.)
  • Oct. 12, 2017 — Additional cosponsor(s): 2

    Babin, (R-Texas)Banks, (R-Ind.)
  • Oct. 10, 2017 — Additional cosponsor(s): 1

    Ratcliffe, (R-Texas)
  • Oct. 4, 2017 — Full committee consideration and markup postponed by the House Judiciary Committee.

  • Oct. 4, 2017 — Additional cosponsor(s): 1

    Handel, (R-Ga.)
  • Oct. 3, 2017 — Additional cosponsor(s): 2

    Brooks, S. (R-Ind.)Norman, (R-S.C.)
  • Sept. 28, 2017 — Additional cosponsor(s): 1

    Bishop, M. (R-Mich.)
  • Sept. 26, 2017 — Additional cosponsor(s): 1

    Rokita, (R-Ind.)
  • Sept. 14, 2017 — Additional cosponsor(s): 10

    Barletta, (R-Pa.)Carter, J. (R-Texas)Lance, (R-N.J.)
    Bost, (R-Ill.)Davidson, (R-Ohio)Perry, (R-Pa.)
    Brat, (R-Va.)Gaetz, (R-Fla.)
    Burgess, (R-Texas)Harris, A. (R-Md.)
  • Sept. 8, 2017 — Original cosponsor(s): 19

    Brooks, M. (R-Ala.)Gowdy, (R-S.C.)Messer, (R-Ind.)
    Calvert, (R-Calif.)Hice, (R-Ga.)Pittenger, (R-N.C.)
    Chabot, (R-Ohio)Hunter, (R-Calif.)Rooney, F. (R-Fla.)
    Duncan, Jeff (R-S.C.)King, S. (R-Iowa)Sessions, (R-Texas)
    Duncan, John (R-Tenn.)Labrador, (R-Idaho)Webster, (R-Fla.)
    Franks, (R-Ariz.)Marchant, (R-Texas)
    Goodlatte, (R-Va.)McCaul, (R-Texas)
  • Sept. 8, 2017 — Read twice and referred to: House Education and the Workforce, House Judiciary, House Ways and Means.Congressional Record p. H7216