Immigration

Position:  SUPPORT
Status: LEGISLATION INTRODUCTED

Summary
The restaurant industry employs 12.8 million individuals; while immigration reform is of critical importance to the restaurant industry, comprehensive immigration reform will likely not be addressed until after the 2012 elections. Because of an increasing and conflicting number of state laws, however, leading members of Congress are focusing on the electronic verification of employees in the workforce, specifically through the E-Verify system. While the business community supports immigration reform, provisions such as federal preemption, employer protections, identity fraud protection and a more accurate reporting system are vital to ensure employers are not held responsible for policing their industries.

History
Last year, Sens. Charles Schumer (D-NY) and Lindsey Graham (R-SC) presented an outline of their ideas for tax reform and vowed to introduce comprehensive immigration legislation. But when Congress became engrossed in health care reform, immigration fell to the wayside. Since that time, several states, includingAlabama,Tennessee,Louisiana andNorth Carolina, have passed laws mandating the use of the E-Verify system, creating a patchwork of differing legal requirements across the country.

In early June 2011, Rep. Lamar Smith (R-TX-21) filed the Legal Workforce Act (H.R. 2164), a bill which would mandate use of the E-Verify system for all employers while preempting current state requirements. Creating a presumption of good faith, the Legal Workforce Act provides a safe harbor for employers who rely on the information received from the E-Verify system and does not require reverification of current employees. Finally, the bill allows for preverification of employees and creates a biometric pilot program to address the issue of identity theft in the employment verification process.

The NFA supports the use of an electronic verification system which is accurate, efficient, consistent and provides protections for employers who rely and act on the information received.

Position

The NFA supports the Legal Workforce Act without amendments, as it creates one federal requirement and addresses identity theft while protecting employers who rely on data received and act in good faith.