February 27, 2006

Moving Towards Comprehensive Immigration Reform Legislation

Updates to proposed comprehensive immigration reform legislation were released at midnight on February 24. Specifically the draft text of the Comprehensive Immigration Reform Act of 2006 (the “Chairman’s Mark”) was submitted by Sen. Judiciary Committee Chairman Arlen Specter (R-PA). The bill is expected to be formally introduced and marked up this week, and could contain additional changes upon introduction. This legislation is a consensus building document and includes provisions that speak to a guest worker program and the undocumented population. One section of the legislation that is of particular interest and concern to the business community is Title III, entitled "Unlawful Employment of Aliens" which creates a new Employment Eligibility Verification System (EEVS). If enacted as proposed, EEVS will greatly affect the way the business community hires, recruits, verifies and maintains documents on its employees. It is likely this provision may be removed during mark up.

However, as it stands now EEVS would enhance the current I-9 process, not replace it. No matter what is ultimately adopted businesses will likely have to become familiar with not only a new verification process but with new standards and requirements. Learning a new process, training human resource staff and making the necessary infrastructure changes will not only be overwhelming for employers, but it will also be financially burdensome. During the mark-up of the bill, set to begin this Thursday, March 2, it is possible that EEVS will be amended or eliminated and replaced with a new system. GT is intricately involved in the legislative process and will be providing up to date alerts to our clients and friends. Please e-mail imminfo@gtlaw.com to be placed on our mailing list. More information will be posted shortly on the entire piece of legislation including the proposed guest worker program.