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House OKs bill requiring employers to use E-Verify

01:00 AM EDT on Wednesday, April 30, 2008

By Cynthia Needham

Journal State House Bureau

Rep. Joseph Almeida, D-Providence, voices opposition to a bill requiring employers to electronically verify the immigration status of all new employees.


The Providence Journal Connie Grosch

PROVIDENCE — The immigration question that has blanketed Rhode Island politics in recent weeks saw its first real debate last night, with House lawmakers approving a bill requiring private employers to electronically verify the citizenship of new hires.

For close to two hours, representatives sparred on the House floor, with some calling the proposal an important first step toward solving the state’s illegal immigration problem and others convinced it will ratchet up discrimination and hurt those here legally.

The measure ultimately passed in a 53-to-17 vote and is now headed to the Senate.

Under the plan, any employer with three or more workers would be required to confirm through an online government database whether the new hire is authorized to work in this country. Within a few seconds the program either verifies the person’s status, or offers a tentative non-verification. Employers that refuse could face fines of up to $5,000 every 30 days. The program would have a phase-in period with all companies required to enroll by 2010.

Last night’s vote comes a month after the governor issued an executive order that, in part, requires state agencies and vendors to use the same database to run similar checks.

Bill sponsor Rep. Jon D. Brien, D-Woonsocket, said the proposal offers a sensible companion of the governor’s order.

“What this does, quite simply is let the rest of the country know that you are welcome to come to the state of Rhode Island to work. All that we’re asking is if you decide to do so you do it openly, you do it honestly and most import you do it legally,” he said.

At least half a dozen other states now mandate the use of E-Verify according to the National Council of State Legislatures –– including Arizona, Georgia, Colorado and Oklahoma and Missouri –– with hundreds of businesses using the program on a voluntary basis.

Business owners access the program by logging onto the Web site and entering a new employee’s prospective name, Social Security number and other identifying information. Within a few seconds, the program either verifies the person’s status, or offers a tentative non-verification in which case the new hire must contact the Social Security administration to clear up the problem, if necessary.

A report by the Department of Homeland Security found that 96 percent of employers using the system saw it as an effective tool for status verification.

But opponents, including the Rhode Island Affiliate of the American Civil Liberties Union, say the program makes too many mistakes to be relied on. The Social Security Administration has acknowledged that the program contains 17.8 million flaws that could spell rejection for Rhode Islanders who should be able to work.

“This system doesn’t always work and there will be people who get hurt by it,” said Rep. Joseph S. Almeida, D-Providence. And where mistakes are made, they say, the overburdened Social Security Administration is unlikely to clear them up in time to save the person’s job.

Other critics, including those who stood and spoke against the measure both in and outside the chamber yesterday, said the bill could lead to racial profiling or an outright unwillingness to hire immigrants.

“We feel it will increase discrimination based on race and nationality and place an increased burden on small business employers,” said Karen Malcolm, executive director of the nonprofit Ocean State Action.

Those who voted in favor of the bill say it’s meant to do exactly the opposite, encourage employers to hire immigrants without fear of their citizenship status.

“The State of Rhode Island is taking a small positive step in the right direction,” said House Labor Committee Chairman Arthur J. Corvese, D-North Providence.

Last night’s bill was one of dozens of immigration-related proposals that have flooded the Assembly in recent months, most proposing cracking down on illegal immigration in one way or another.

The National Council of State Legislatures last week placed Rhode Island among the states nationwide with the greatest amount of immigration-related activity in its legislature. Last night’s bill was the first to see a debate on either floor.

Marc A. Cote, D-Woonsocket, has sponsored identical legislation in the Senate that’s expected to receive a hearing within the week.

cneedham@projo.com

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