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Rep. Calvert Joins Colleagues to Introduce the Legal Workforce Act

April 26, 2013

Today, Rep. Ken Calvert (CA-42), along with Judiciary Committee Chairman Bob Goodlatte (VA-6), Subcommittee on Immigration Chairman Rep. Trey Gowdy (SC-4), Rep. Lamar Smith (TX-21),and others, introduced the Legal Workforce Act, H.R. 1772, which will make employment verification mandatory nationwide.

"I strongly believe that the first step in addressing our broken immigration system must be the implementation of mandatory employee verification," said Rep. Calvert. "Unless we can have some degree of certainty that employers are only hiring legal workers, we will continue to attract undocumented immigrants to our country. The Legal Workforce Act transforms the E-Verify program, that I am proud to have initiated in 1996, into the long-overdue, mandatory tool that will ensure American jobs only go to U.S. citizens and legal immigrants."

"I would like to sincerely thank Chairman Goodlatte and his staff for the hard work they have put into the legislation. I look forward to working with my colleagues to pass the Legal Workforce Act and solve the job magnet piece of the illegal immigration problem."

E-Verify, created by Rep. Calvert in 1996 through legislation, is the only tool available to employers to check the legal status of newly hired employees. It is web-based, 99.5% accurate and free to employers.

Below is a summary of some of the major components in the Legal Workforce Act:

  • Gradual Phase-In: Phases-in mandatory E-Verify participation for new hires in six month increments beginning on the date of enactment. Within six months of enactment, businesses having more than 10,000 employees are required to use E-Verify. Within 12 months after enactment, businesses having 500 to 9,999 employees are required to use E-Verify. Within 18 months after enactment, businesses having 20 to 499 employees must use E-Verify. And within 24 months after enactment, businesses having 1 to 19 employees must use E-Verify.

  • Penalties: Increases the civil and criminal penalties for employers who violate the laws prohibiting illegal hiring and employment.

  • Social Security Number: "Self Lock": Allows individuals to "lock" their own Social Security Number so that it cannot be used to verify work eligibility, in order to combat identity theft.

  • Federal Preemption: Preempts state laws mandating E-Verify use for employment eligibility purposes but allows states and localities to enforce mandatory employment verification.

  • Safe Harbor: Grants employers safe harbor from prosecution if they use the E-Verify program in good faith, and through no fault of theirs, receive an incorrect eligibility confirmation.