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Friday, May 20, 2011

E verify passed here are the talking points

E- Verify -- The Senate Commerce Committee has voted to approve legislation calling for Tennessee employers to use the “E-Verify” system to ensure that new hires are in the state legally. There are more than 140,000 illegal immigrants in Tennessee, with over 110,000 in the state’s workforce according to estimates.

E-Verify, an Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration, allow participating employers to electronically verify the employment eligibility of their newly hired employees by entering their name and a social security number. It is free to employers in all 50 states, including Tennessee where more than 4,000 businesses have voluntarily participated in the system. The E-Verify system is 97.4 percent accurate.

The legislation calls for businesses with over 5 employees to obtain a copy of his or her driver’s license or utilize the E-Verify system. The bill provides a safe harbor for employers who use E-Verify if the worker is later found to be in the country illegally due to its accuracy in detecting illegal aliens.

The measure would penalize businesses for violation of the law with escalating consequences for repeated offenses. It also provides a mechanism for small businesses without Internet access to call the Department of Labor for verification assistance. Under the bill, businesses would keep verification records for three years after the hire or one year after termination of the person’s employment. It does not apply to those employed before the January 1, 2012 enactment date and will be applicable in phases depending on the number of workers employed by a business.

Federal contractors or subcontractors have been required to use E-verify since 2008 to determine employment eligibility of employees performing direct work. Fifteen states, including five which are adjacent to Tennessee, require the use of E-Verify for public and/or private employers. Another 25 states are considering similar legislation.


  1. See, this is part of the problem. Great for Ten. But this part: Employers that have over 5 employees? WHY? So a business owner having 4 can have 4 illegals? So 1000 business use 4k illegals...They pay min. wage pay no taxes have 3 kids a piece. Now your taxes are paying for their education, healthcare and food stamps... This is a ZERO SUM GAME IMO. If you hire people, any amount, E-verify.

  2. There's a wrinkle you may wish to look into as well. Does the term "foreign trade zone" mean anything to you? Having lived in several parts of the country over the last 10 years, I've observed that some of these offshore firms that come in and set up shop to supply, for example, the Japanese, Korean, and German auto companies, negotiate these "foreign trade zone" arrangements, and seem to be exempt from a lot of the rules that would govern American-owned firms. I did business in the Mascot area, for example, with such a concern. Virtually the ENTIRE 2nd and 3rd shift hourly workforce was composed of illegal aliens. It was an "open secret". Ditto in other areas I've seen.
    Is this legislation going to be able to effectively deal with that issue?


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