States mandating e verify
1, all potential hires for any state agency or public university must have their work eligibility information run through E-Verify. Rick Perry ordered state agencies to use E-Verify in 2014, his plan was criticized for not having an enforcement mechanism.
However, even losing in the Ninth Circuit has not stopped the Chamber from pursuing its goals to undo E-Verify every which way they can.Now the Court is asking the President Obama's appointee for Solicitor General, Elena Kagan, to produce a brief in the Ninth Circuit case that challenged the legality of Arizona's mandatory E-Verify law for businesses.The Ninth Circuit agreed with Arizona: federal immigration law does not preempt Arizona mandating use of E-Verify for businesses because there is no express legal requirement that E-Verify be wholly voluntary, as was argued by E-Verify challengers. The Chamber has sued multiple states with mandatory E-Verify laws, as well as Maryland (on their federal contractor rule) based on this same argument that federal law pre-empts both state E-Verify and federal mandates for federal contractors.While SB 374 directed the Texas Workforce Commission to implement the bill's provisions, a spokesperson for the agency said that doesn't put the commission in charge of enforcement.“There is no provision in this law for TWC to enforce, monitor or report or track other agencies’ compliance,” said spokesperson Lisa Givens.Up-front technological and training costs put a strain on companies at a particularly difficult economic moment. On the back end, the penalties for businesses that are found to have improperly used (and abused) the system can be severe.
In addition, State E-verify laws often include an automatic revocation of the offending company’s business license. Moreover, state E-Verify bills may not clarify or may explicitly ignore existing federally-imposed limitations on the appropriate use of E-Verify, leaving businesses in that state exposed to a significant risk of federal discrimination and other civil rights law suits. E-Verify has significant error rates that will cause Americans to lose their jobs.
Errors generated by the E-Verify program result in citizens and others who are legally authorized to work in this country being wrongfully denied jobs.
Many of the errors are due to problems of data entry that occur more often for individuals with ethnic surnames – particularly for those of Hispanic and Arab origin, the Government Accountability Office has reported – and for individuals who have married and/or divorced.
The federal E-Verify system screens for undocumented workers by comparing the information that applicants submit to an employer with records maintained by the Department of Homeland Security and the Social Security Administration. Charles Schwertner, R-Georgetown, expands the requirement to all state agencies, it also doesn’t spell out any penalties for agencies that don’t comply.
And it doesn’t assign anyone to make sure the law is being followed.
These employers must now use the federal E-Verify employment eligibility verification system to check work authorization for all new hires.