Mandatory Use of Employment Eligibility Verification Passes First House Committee

On February 27, the House Commerce Committee passed (15-8) HB 1265 (Byrd). The bill was amended to require that all public and private employers use either the Department of Homeland Security E-Verify system or the documents required by Form I-9 to determine work eligibility for all new employees. Businesses that choose not to use E-Verify will be precluded from certain state incentives.

While employers must already obtain I-9 documents, the FCCB must oppose the proposed employment eligibility requirement. Mandated employment verification is only appropriate as part of federal, comprehensive immigration reform that also addresses: (1) complementary labor and employment protections to ensure that employment verification processes do not become a tool to undermine workplace rights or take advantage of workers' vulnerabilities; (2) expansion of legal avenues for low wage workers to enter the U.S. lawfully and work in humane conditions; (3) employer efforts to misuse employment verification programs; and (4) improvement of the inaccuracies of the E-Verify system.

The Senate companion, SB 664 (Lee), is on the agenda for the Rules Committee on March 2. Amendments of some kind are likely to be filed.