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Thursday, December 15, 2005

Oppose Immigration Legislation in the House

Federal Legislative Alert!

YOUR SUPPORT IS NEEDED! Please call or write your Representative
and urge them to oppose H.R. 4437, the Border Protection,
Antiterrorism, and Illegal Immigration Control Act of 2005. This
bill was expedited though the committee process and will be
considered in the House on Thursday, so your immediate action is
needed!

Background:

It is in the interest of our economy and national security to
establish a reliable, efficient, and predictable electronic
employment verification system. SHRM supports public policy
efforts that improve and strengthen the employment verification
system. The current worksite verification system necessitates
complex documentation and record maintenance, requiring
employers to determine the authenticity of dozens of different
types of documents. Significant resources are devoted to
paperwork completion, auditing records, and verifying employment
eligibility.

Legislation:

Unfortunately, instead of improving upon the current system by
developing an employment verification system that is easy to
use, efficient, and reliable, H.R. 4437 includes a mandated
employment verification system that, as currently proposed, is
simply unworkable. While Congress' attention to the important
issue of establishing an effective employment verification
system as part of this bill is appreciated, the bill, as it is
currently written, fails to sufficiently strengthen the
employment verification process without significantly increasing
administrative and legal burdens placed on HR professionals.

Specific provisions in the bill that are of concern to HR
professionals/employers include:

1. Inadequate System Capacity - H.R. 4437 mandates the creation
of an electronic system to verify a new hire's eligibility for
employment within two years of the bill becoming law. This new
system will be based on the "Basic Pilot" system. The Government
Accounting Office (GAO) found that about 15% of all queries
require additional verification because the "Basic Pilot"
automated system is unable to provide accurate responses.

2. Additional Administrative Burdens - H.R. 4437, in addition to
mandating the use of an electronic verification system, would
require an employer to continue to attest on the Form I-9 that
he or she had examined the new hire's employment and
identification documents to ensure authenticity.

3. Reverification of Existing Employees - H.R. 4437 requires all
employers to re-verify the identity and employment eligibility
of all previously hired employees. Taking into consideration the
15% inaccuracy ratio identified by the GAO, more then 22 million
Americans could find their eligibility to work in the U.S.
needlessly and inaccurately challenged.

4. Increased Penalties - H.R.4437 will significantly increase
civil penalties for hiring, recruiting, and referral violations.
Employers which have even inadvertent paperwork violations could
face penalties up to $25,000.

Action Needed:

Write or call your Representative today! This is your
opportunity to impact the legislative process at the federal
level. To write your elected official, follow these steps:

1. Log onto SHRM Online at www.shrm.org .
2. Sign in using your member number and last name.
3. Click on "Governmental Affairs," then go to "HRVoice" on the
left side of your screen.
4. Choose "Write your elected officials."
5. Click on "Oppose Immigration Legislation in the House" under
the heading "Take Immediate Action on these Hot Issues."

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