HR 4437 Amendment to the Immigration and Nationality Act Immigration Bill Requires Screening of New Hires
Bill Status/Summary:
On Tuesday, Dec. 6, House Judiciary Chairman F. James Sensenbrenner Jr. (R-WI) filed his long-awaited bill dealing with illegal immigration. The Judiciary Committee held a hearing on the bill Thursday, Dec. 9, approving the bill on a party-line vote. The 23 Republicans on the committee voted in favor, the 15 Democrats opposed. The bill, which will now be referred to the full Senate, tightens regulations on employers regarding illegal immigrants, and also strengthens border security; significantly, however, it includes a provision that requires employers to screen new hires for employment eligibility.
NAPBS Interest:
The bill requires the Department of Homeland Security, or a nongovernmental entity the department contracts with, to establish and administer a verification system based on a toll-free phone number. The number will allow employers to call, report the name and social security number of a new hire, and receive verification of the new hire's employment eligibility status. The bill requires the Commissioner of Social Security to establish a "reliable, secure method" to compare the name and social security number provided in an employer inquiry against the database maintained by the Social Security Commission. The bill bars the government from utilizing any personal information or database assembled under the new legislation for any purpose other than the verification of social security numbers. The database will not include criminal background history.
Impact:
The social security number verification provision, while of interest, does not appear to impact the broader screening industry, except in that the new requirement to confirm social security numbers may be an additional service that NAPBS members can offer. It also is an example of government providing direct access by employers to a database for a screening related purpose, something which is of concern to NAPBS, such as with proposals to make the FBI database directly accessible.
Background:
The provision is modeled on legislation (H.R. 19) introduced by Rep. Ken Calvert (R-CA) that creates a mandatory employment eligibility verification system. The program is intended to confirm or deny the authenticity of Social Security numbers offered to employers by new hires. The bill requires that all employers begin checking new hires against a federal social security number database within the next two years. The bill would make it mandatory for employers to check all hires within the next six years. The proposed legislation also greatly strengthens penalties for employers who fail to seek verification of employment eligibility or knowingly employ illegal immigrants, increasing the maximum fine for first-time violation from $10,000 to $25,000.
