HR Initiative Cites Arizona Ruling in Call for Congress to Preempt Growing Patchwork of State Employment Verification Mandates

Washington, D.C. – The Human Resource Initiative for a Legal Workforce cited this week’s ruling by the 9th U.S. Circuit Court of Appeals, which affirmed Arizona’s right to mandate employer participation in E-Verify, as evidence that Congress must act to prevent the further proliferation of discordant state and local employment verification laws.

On January 1, 2008, a new Arizona law went into effect requiring all employers in the state to participate in the voluntary federal employment verification system known as E-Verify. Arizona is one of nearly 20 states that have passed or are considering legislation regulating immigration enforcement at the worksite and imposing sanctions against employers for hiring unauthorized workers.  These various state laws impose inconsistent requirements on employers and create substantial confusion for those who conduct business in multiple jurisdictions.  In some cases, the states’ laws conflict with one-another and with federal law, making it impossible for employers to comply with all the laws at the same time.

“A patchwork of state and local laws mandating participation in E-Verify is not in the national interest, yet that is just what is happening today,” said Mike Aitken, Director of Governmental Affairs, Society for Human Resource Management (SHRM).  “The void left by Congressional inaction is creating confusion and unnecessary hardship for employers across the country.  We believe Congress must expressly preempt state and local governments from enacting laws on immigration enforcement and eligibility verification at the worksite.”

The HR Initiative supports the establishment of a secure and reliable national electronic employment verification system – yet has consistently pointed out that E-Verify is not the answer.  The program can’t detect the use of counterfeit identity documents or stolen Social Security numbers – two common tactics utilized by illegal immigrants to obtain jobs.  The accuracy of the database E-Verify utilizes is also an issue for concern.

“States are turning to E-Verify because they think it will solve the problem of unauthorized workers obtaining jobs.  It won’t.  Congress should begin now to transform E-Verify into a state-of-the-art employment verification system,” Aitken continued.

The HR Initiative has endorsed a temporary extension of the voluntary E-Verify program, but only as a stepping-stone to the development of a better system – which is embodied in the New Employee Verification Act (NEVA / H.R. 5515).  The legislation, sponsored by Representatives Sam Johnson (R-TX) and Gabrielle Giffords (D-AZ) would establish a fully electronic system that uses biometric measures to prevent identity theft and the use of fraudulent documents.

“Employment verification is a national priority.  While a permanent, mandatory national system is developed, it is imperative that Congress prohibit the further proliferation of conflicting and ineffective state and local laws,” Aitken concluded. 
 
Visit www.legal-workforce.org to learn more about the HR Initiative and to review current state employment verification laws.

The Human Resource Initiative for a Legal Workforce (www.legal-workforce.org http://www.legalworkforce.org) represents human resource professionals in thousands of small and large U.S. employers representing every sector of the American economy.  The HR Initiative and its members are seeking to improve the current process of employment verification by creating a secure, efficient and reliable system that will ensure a legal workforce and help prevent unauthorized employment, a root cause of illegal immigration.

The coalition includes the following organizations:

•    American Council on International Personnel
•    College and University Professional Association for Human Resources
•    Food Marketing Institute
•    HR Policy Association
•    International Public Management Association for Human Resources
•    National Association of Manufacturers
•    National Franchisee Association
•    Society for Human Resource Management