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Washington Labor & Employment Wire » Loophole Elimination and Verification Enforcement Act (”LEAVE Act”) (H.R. 6789)

Loophole Elimination and Verification Enforcement Act (”LEAVE Act”) (H.R. 6789)

Core Provisions: This legislation is intended to prohibit activities that assist, encourage, direct or induce unauthorized aliens to reside in the United States. Among many other provisions, the LEAVE Act would make the E-Verify system permanent and would mandate verifying work eligibility of new hires using E-Verify. Employers of more than 250 individuals, certain federal contractors and subcontractors, and federal agencies would be required to verify the eligibility of new hires within one year of enactment, with other employers being phased into the requirement two to four years after enactment. All employers would also be required to use E-Verify to confirm eligibility of all current employees by four years after enactment. An employer would not be liable for hiring an unauthorized alien if the hiring was due to an unknown E-Verify error as long as the employer terminated the unauthorized alien upon being informed of the error.

The LEAVE Act would also require the Commissioner of Social Security to notify employers annually of employees whose Social Security numbers do not match their name or date of birth in the Commissioner’s records, and the employer would then have 30 days to correct the mismatch or terminate the employee. The Commissioner would also monitor employment-based information for indicia of identity theft, such as an individual with concurrent earnings from more than one employer over an extended period.

The legislation also includes provisions in many different areas intended to deter illegal immigration and better enforce existing immigration laws. These include provisions protecting “identity security,” prohibiting residential mortgages and rentals to illegal aliens, denying Social Security credit for individuals who were unlawfully present at the time of the work, prohibiting illegal aliens from obtaining financial services, and increasing border and law enforcement efforts.

Status: Rep. Miller (R-CA) introduced the LEAVE Act on August 1, 2008 and it was referred to the House Judiciary, Oversight and Government Reform, Education and Labor, House Administration, Financial Services, Ways and Means, and Homeland Security Committees.