Rep. Solomon Ortiz (D-Tex.) and Rep. Luis Gutierrez (D-Ill.) have introduced the Comprehensive Immigration Reform for America’s Security and Prosperity (CIR ASAP) Act of 2009 (H.R. 4321), an immigration overhaul bill they hope will receive serious consideration early next year. In October, Rep. Gutierrez outlined a set of core principles that he planned to include in his reform legislation. Among those principles included in the new bill are a re-vamped employment verification system, increased penalties for employer noncompliance, overhaul of the employment-based visa system, and anti-discrimination provisions.

Title II of the new legislation would likely impact employers the most by establishing an employment verification system that would eventually apply to all workers and new hires. According to a summary (pdf) of the bill, this employment verification system would:

• Create significant civil penalties for employers who do not comply with the requirements under the new system, and establish serious criminal penalties for knowingly hiring unauthorized aliens;
• Include privacy protections by limiting the data that can be collected and stored in the database and requiring the agencies to develop the system with maximum security and privacy protections, and prohibit the creation of a national identification card;
• Forbid employers from using the new system to discriminate against applicants or employees on the basis of nationality, and prohibit employers from terminating employment due to a tentative non-confirmation, using the system to screen employees prior to offering employment, or using the system selectively;
• Allow an individual to register with the Social Security Administration and acquire a PIN that would allow them electronic access to their file in the system, update their information, and lock their file for purposes of employment.

Title V of the CIR ASAP Act would amend the H-1B, H-2B and L-1 visa programs, and would permanently reauthorize the EB-5 investor program, among other things.

Although immigration reform proponents have been clamoring for an overhaul bill, the lagging economy and high rate of unemployment, combined with the looming mid-term elections, may make this issue a low priority for some lawmakers. In addition, the current focus on healthcare, climate change, and job creation legislation may force immigration reform to the back burner.

Photo credit:  David Franklin