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H.R.2164 / 112th Congress

Legal Workforce Act

Referred to the Subcommittee on Social Security.

Official summary

Version 00 · Introduced in House · Jun 14, 2011

Legal Workforce Act - Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security (DHS) to establish an employment eligibility verification system (EEVS), patterned after the E-Verify system. (Eliminates the current paper-based I-9 system.)

Requires an employer to attest, during the verification period and under penalty of perjury, that the employer has verified that an individual is not an unauthorized alien by: (1) obtaining and recording the individual's social security account number, and (2) examining specified documents that establish such individual's identity and employment authorization.

Requires an individual to attest that he or she is a U.S. citizen or national, a lawful permanent resident, or an alien authorized to work in the United States.

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Subjects an individual who knowingly uses the social security number or other identification of another person to fine and/or imprisonment.

Establishes a phased-in EEVS participation deadline (six months to two years) for different categories of employers, including agricultural employers. (Exempts from verification requirements seasonal agricultural workers who return to work for a previous employer.)

Requires reverification of the following workers who have not been verified under E-verify: (1) federal, state, or local government employees; (2) certain employees who require a federal security clearance; and (3) certain employees assigned to work in the United States under a federal or state contract.

Authorizes an employer to voluntarily reverify employees. (Requires any such reverification to be applied to all individuals so employed).

Includes employment recruitment and referral within the scope of EEVS. Requires EEVS use by union halls and nonprofit employment agencies.

Requires EEVS to provide employers with: (1) temporary verification or nonverification within 3 working days of an inquiry; and (2) in the case of nonverification, a final verification or nonverification within 10 working days.

Sets forth provisions regarding: (1) an employer utilizing a good faith defense, (2) preemption of state or local law, (3) employer penalties, and (4) worker remedies for EEVS errors.

Provides for the establishment of programs to: (1) block the use of misused social security numbers, (2) suspend or limit the use of social security numbers of victims of identity fraud, and (3) block the use of the social security numbers of certain aliens who are under order of removal, voluntarily depart, or have an expired work authorization.

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Who introduced it

Rep. Smith, Lamar [R-TX-21] · R–TX

Committees

  • Ways and Means Committee
  • Judiciary Committee
  • Education and Workforce Committee
64 cosponsorship records, including any withdrawals

Actions

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  1. Referred to the Subcommittee on Social Security.

  2. Subcommittee Hearings Held.

  3. Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  4. Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  5. Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  6. Referred to the Subcommittee on Immigration Policy and Enforcement.

  7. Introduced in House

  8. Introduced in House

Bill text & related measures

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Objective

Analyze H.R.2164 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Liberty lens

Examine H.R.2164 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

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