Congressman Ken Calvert (R-CA) Introduced a bill (H.R.19) to require employers to conduct employment eligibility verification through the Basic Pilot Program. In addition the bill would rename the Basic Pilot Program to the "Employment Eligibility Verification System".
The mandatory requirement would phase in over 7 years, starting 1 year after enactment, depending on the size of the company. It would start with employers who have more than 10,000 employees and then progress down from there. This is logical because companies that large can afford to do the training and hiring of individuals, if necessary, to conduct the checks for worker eligibility.
Cosponsors of the bill are a virtual who's who of Immigration Warriors. They are Representatives Marsha Blackburn (R-TN), Mary Bono (R-CA), Gary G. Miller (R-CA), Dana. Rohrabacher (R-CA), David Dreier (R-CA), Elton Gallegly (R-CA), Darrell. Issa (R-CA), Jerry Lewis (R-CA), Ed Royce (R-CA), Pete Sessions (R-TX), Zach Wamp (R-TN), Michael Burgess (R-TX), Duncan Hunter (R-CA), James Sensenbrenner (R-WI), and Virgil Goode (R-VA)
There are still serious flaws with the Basic Pilot Program, such as it not allowing the IRS to be involved for Social Security Numbers that are used many, many times in multiple locations (usually due to identity fraud and the same SSN being used by many illegal aliens) and the fact that an employee actually needs to be hired before you can check if they're eligible (which is very backwards and forces the employer to accept overhead concerns before checking), but it's a start and those issues can be fixed. For more flaws in the Basic Pilot Program see What Is The Basic Pilot Program And Why Is It Flawed?
Text of bill
SECTION 1. REQUIREMENT FOR EMPLOYERS TO CONDUCT EMPLOYMENT ELIGIBILITY VERIFICATION.
(a) Renaming of Basic Pilot Program- The basic pilot program established under section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note) is hereby renamed as the `Employment Eligibility Verification System' (and is referred to in this section as such).
(b) Extension of Scope of Program- The Secretary of Homeland Security shall provide for the implementation of the Employment Eligibility Verification System throughout the United States on a timely basis, consistent with the implementation of subsection (c) and such System shall continue in operation permanently and shall not terminate.
(c) Requirement for Use of Employment Eligibility Verification-
(1) IN GENERAL- Subject to paragraph (3), any person or other entity that hires any individual for employment in the United States shall participate in the Employment Eligibility Verification System.
(2) SANCTIONS FOR NONCOMPLIANCE; CONTINUATION OF CURRENT COMPLIANCE AUTHORITY- The provisions of paragraph (2) of section 402(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note) shall apply with respect to a person or entity required to participate in the Employment Eligibility Verification System in the same manner as such paragraph applies to a person or entity required to participate under such subsection.
(3) PHASING-IN OF REQUIREMENT- Subject to paragraph (2), the requirement of paragraph (1) shall only apply to persons and other entities as follows:
(A) As of the date that is 1 year after the date of the enactment of this Act, such requirement shall apply only to a person or other entity that employs more than 10,000 individuals in the United States.
(B) As of the date that is 2 years after the date of the enactment of this Act, such requirement shall apply only to a person or other entity that employs more than 5,000 individuals in the United States.
(C) As of the date that is 3 years after the date of the enactment of this Act, such requirement shall apply only to a person or other entity that employs more than 1,000 individuals in the United States.
(D) As of the date that is 4 years after the date of the enactment of this Act, such requirement shall apply only to a person or other entity that employs more than 500 individuals in the United States.
(E) As of the date that is 5 years after the date of the enactment of this Act, such requirement shall apply only to a person or other entity that employs more than 250 individuals in the United States.
(F) As of the date that is 6 years after the date of the enactment of this Act, such requirement shall apply only to a person or other entity that employs more than 100 individuals in the United States.
(G) As of the date that is 7 years after the date of the enactment of this Act, such requirement shall apply to any person or other entity that employs 1 or more individuals in the United States.
(4) VOLUNTARY PARTICIPATION OF EMPLOYERS NOT SUBJECT TO REQUIREMENT- Nothing in this subsection shall be construed as preventing a person or other entity that is not subject to the requirement of paragraph (1) pursuant to paragraph (2) or (3) from voluntarily participating in the Employment Eligibility Verification System.
(d) Authorization of Appropriations- There are authorized to be appropriated such sums as may be required to carry out the Employment Eligibility Verification System throughout the United States
