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LEGISLATIVE REPORT
By Larry Bourgerie
Legislative Director
March 7, 2008
Legislative Report Archive
IMPORTANT - Federal Legislative Alert!
YOUR SUPPORT IS NEEDED!
Last week, Representative Sam
Johnson (R-TX), introduced H.R. 5515, the "New Employee
Verification Act" (NEVA). The SHRM-led HR Initiative for a
Legal Workforce strongly supports NEVA, as it would replace the
current ineffective federal government's employer verification
process with a new electronic verification system. Please
contact your Representatives now and urge them to cosponsor
H.R. 5515, the New Employee Verification Act!
Background
HR professionals are responsible for verifying employment
eligibility for all new hires within their organization.
Existing work-site verification systems call for complex
documentation and record maintenance, requiring employers to
determine the authenticity of more than 25 different types of
documents. Considerable resources are devoted to paperwork
completion, auditing records and verifying employment
eligibility.
Employers may also elect to participate in an employment
eligibility verification system, known as E-Verify.
Participants in the program electronically verify employment
authorization of new hires through Social Security
Administration (SSA) and Department of Homeland Security (DHS)
databases. Currently, only 52,000 out of 7
million U.S. employers participate in E-Verify, which is set to
expire in November 2008.
SHRM recognizes the critical need to improve the federal
employment verification system, and endorses the creation of a
secure, efficient and reliable electronic system that will help
prevent unauthorized employment. However, the current
verification system is an inherently subjective and ultimately
insecure process, as fraudulent documents are easily acquired,
allowing an unauthorized worker to obtain employment.
Finally, E-Verify relies on paper documentation. The
program's accuracy is therefore undermined by fraudulent
ID's, as itcannot verify the authenticity of the identity
documents, only that a given name matches information in the
SSA and DHS databases.
Legislation
Under H.R. 5515, the New Employee Verification Act, employers
would use the state "new hire" reporting process, which is
currently used for child support enforcement, to access the
Electronic Employment Verification System. This would allow
employers to confirm the work eligibility of U.S. citizens
through the SSA database and that of non-citizens through the
DHS database.
In addition, the bill also would create a voluntary biometrics
option that employers could choose to use in the verification
process. This system would include a standard background check
and the collection of a "biometric" characteristic - such as a
thumbprint - to secure an employee's identity and prevent the
illegal use of a Social Security number, stolen or
fraudulently-obtained drivers' license, or altered
identification documents. Other key aspects include:
- Electronic Attestation - Allows the entire attestation
requirements to be done electronically and eliminates the
current Form I-9.
- New Hires - Applies only to employers' newly hired
employees and would not require employers to re-verify all
existing employees as is required by other bills.
- Post Offer and Acceptance, Pre-Start - Allows employers to
check the employee's work eligibility through the
electronic system beginning on the date of hire and ending
on the third day after the employee has reported to work.
- Federal Law Preemption - Provides that federal immigration
law preempts any state law with regard to employer fines
for immigration-related issues or in requiring employers to
verify identity or work authorization of employees.
- Employer Responsibility - Requires employers to be
responsible only for the hiring decisions of their own
employees, not those of their subcontractors.
SHRM's Position
To ensure effective enforcement of immigration laws, SHRM
believes the federal government must provide U.S. employers
with a fast and reliable method to confirm whether new hires
are legally authorized to work in the United States.
The current I-9 verification system and E-Verify are unreliable
and susceptible to identity fraud. As a result, SHRM supports
passage of H.R. 5515. SHRM believes NEVA will create an
electronic verification process for an employer that is far
more efficient and accurate than E-Verify. The legislation also
will prevent identity fraud, a major problem in the employment
verification process.
Joining SHRM in supporting NEVA are the: American Council on
International Personnel, College and University Professional
Association for Human Resources, the Food Marketing Institute,
HR Policy Association, International Public Management
Association for Human Resources, the National Association of
Home Builders, the National Franchisee Association, and the
National Association of Manufacturers.
Action Needed
Write or call your elected officials in Washington today! Your
U.S. Representatives needs to know your views on this important
matter before the private rights of employees are changed. To
write your elected official using HRVoice, follow these steps:
- Log onto SHRM Online by clicking here.
- Sign in using your member number and last name.
- Click on "Governmental Affairs," then go to "HRVoice" on
the left side of your screen.
- Choose "Write your elected officials".
- Click on "Urge Your Representative to Cosponsor H.R.
5515, the New Employee Verification Act"
under the heading "Take Immediate Action on these Hot Issues".
Legislative Update Archive
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