An effort to expand a federal electronic employment verification system was
set back at a House hearing on Tuesday, May 6, as lawmakers voiced concerns that
the mechanism would overburden the Social Security Administration.
In the first of a series of immigration hearings this spring, the House Ways
& Means subcommittee on Social Security explored proposals to crack down on
illegal hiring through electronic worker verification.
One idea is to extend the current government electronic system, called
E-Verify, to each of the country’s 7.4 million employers. Today, about 61,000
companies voluntarily use E-Verify, which checks information from I-9 forms
against databases at the Department of Homeland Security and the Social Security
Administration.
Rep. Michael McNulty, D-New York and chairman of the subcommittee, cautioned
that the Social Security Administration must not take on added immigration
responsibilities while the agency is trying to reduce a huge backlog of
disability claims. Constituent queries regarding the payments can take more than
500 days to answer.
“It would be very difficult to get a majority to vote for a nationalization
of the E-Verify system at this point in time,” McNulty said in an interview
after the hearing. “This whole issue needs a lot more careful thought.”
Although immigration reform is stuck in a political quagmire on Capitol Hill,
Congress must address verification this year because the law establishing
E-Verify expires in November.
McNulty did not comment on an alternative to
E-Verify called the New Employee Verification Act, which was written by Rep. Sam
Johnson, R-Texas and ranking member of the subcommittee.
“On any of these
proposals, we need to move very, very slowly,” McNulty said.
Johnson’s
measure would eliminate the I-9 process and mandate that companies submit
new-hire information electronically to the Social Security Administration
through a child-support enforcement system that about 90 percent of U.S.
employers use.
Proponents of the Johnson bill say E-Verify is inefficient,
prone to error and incapable of detecting identity fraud. The HR Initiative for
a Legal Workforce, which is led by the Society for Human Resource Management,
criticizes E-Verify for relying on the Social Security database, which has a 4.1
percent error rate and could mistakenly declare millions of people ineligible
for employment.
The Johnson measure would address such problems through an
appropriation that would clean up the Social Security database before the
verification system goes into effect, according to Mike Aitken, SHRM director of
government affairs. The bill also provides a safe harbor for employers who use
the system, reduces the number of identification documents for new hires from 25
to four and allows people to put additional protections on their Social Security
numbers.
Under the bill, employers could sign up for a secure electronic
verification system based on biometric information collected by a network of
government-approved private contractors.
An Arizona Democratic co-sponsor of
the Johnson bill said that companies in her state have had bad experiences with
E-Verify since the state Legislature mandated its use earlier this
year.
“They are finding it complicated, unreliable and burdensome,” said Rep.
Gabrielle Giffords, D-Arizona, at the hearing. “If Congress does nothing or
simply extends E-Verify without much-needed reform, it would be
disastrous.”
SHRM president and CEO Sue Meisinger gave a similar warning. “It
will slow down the free flow of labor across the economy,” she testified.
But
E-Verify also draws staunch support. Homeland Security Secretary Michael
Chertoff calls it an important tool to combat illegal immigration.
The author
of the original E-Verify bill, Republican Rep. Ken Calvert of California,
testified that 92 percent of employees put into the system are immediately
approved and only 1 percent will contest a nonconfirmation.
“E-Verify is
doing the job it was intended: denying employment to people in the United States
not authorized to work,” Calvert said. “Let’s build upon what works and give the
American people what they want: mandatory employment verification.”
All
employers would have to sign up for the system and eventually run all of their
employees through it under a bill sponsored by Rep. Heath Shuler, D-North
Carolina, that has 151 bipartisan co-sponsors. Republicans and some conservative
Democrats are trying to send the bill directly to the House floor for a
vote.
Democratic leadership, torn between members of the party who support an
enforcement-only approach and those who promote a path to residency for the
country’s 12 million illegal workers, set up this spring’s immigration hearings
as a way to let members vent about immigration.
—Mark Schoeff Jr.