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May 22, 2007
HR Organizations Find Faults in Immigration Bill

A coalition of HR organizations says the proposed overhaul of immigration law has four significant faults related to verification of employment eligibility.

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The Senate is debating a proposal that would boost border security and workplace enforcement, create a path to citizenship for undocumented workers that would take several years to complete, and establish a guest worker program.

The legislation would also require employers to use the Basic Pilot program to verify employment eligibility of new hires. The program allows employers to check names and Social Security numbers of newly hired employees against government databases to ensure that the name matches the Social Security number and that the Social Security number is legitimate within the system. Currently, the program is voluntary.

A coalition of organizations called the Human Resource Initiative for a Legal Workforce (HR Initiative) says the requirement to use the Basic Pilot program would be a "debacle" for employers because the system is inaccurate too often.

The HR Initiative also notes another area of concern: The Basic Pilot is incapable of detecting identity theft. The group says more unauthorized workers would engage in identity theft as a result of the greater emphasis on the Basic Pilot.

The HR Initiative's third concern about the legislation is that it contains a provision that would require employers to re-verify the identity and employment eligibility of all employees. The group says the requirement is too burdensome for employers.

The group also argues that the legislation creates liability for employers for the actions of contractors and subcontractors over which they have no control.

The HR Initiative includes the Society for Human Resource Management, International Public Management Association for Human Resources, HR Policy Association, College and University Professional Association for Human Resources, and American Council on International Personnel.

For more information on the HR Initiative, visit http://www.legal-workforce.org/.

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