New York Lawyer's Legal Updates

What Role Will E-Verify Play in 2013 Immigration Reform?

Author: Immigration Lawyer Alena Shautsova

While Congress is polarized on many issues regarding immigration, one point they agree on is that E-Verify is crucial for immigration reform. The "gang of eight," which refers to the eight bipartisan senators planning immigration reform, included use of E-verify in their proposal as did the President in the White House press release about immigration reform.

However, the National Immigration Law Center (NILC) explains that before E-Verify becomes part of immigration reform, E-Verify needs to undergo its own reform. The system's database errors put qualified immigrant workers at risk of losing their jobs, and the system has no procedures in place for challenging system inaccuracies. There are limited ways a worker can challenge a tentative non-confirmation, but a final non-confirmation (FNC) has no formal process established to contest the decision. Passing a bill that does not address changes in E-verify could have drastic consequences on job loss and the economy. At a minimum, the bill should include:

  • Administrative and judicial review processes for workers to contest errors.
  • Accuracy requirements and evidence of low error rates
  • Gradual implementation
  • Prohibition of E-Verify abuses such as work termination based on non-confirmation notices or employment benefits denials

If mandatory use of E-verify goes into effect all at once instead of gradually, immigration lawyers will have their jobs cut out for them representing qualified immigrants who were wrongfully terminated, deported, etc.

If you face employment discrimination or deportation issues based on errors in work authorization data, consult a New York immigration lawyer and protect your rights.

20 March 2013
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