[Congressional Record Volume 153, Number 145 (Thursday, September 27, 2007)]
[Extensions of Remarks]
[Page E2011]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 CALLING ON THE GOVERNOR OF THE STATE OF ILLINOIS TO DEFEND EMPLOYERS' 
                     RIGHT TO EMPLOYEE VERIFICATION

                                 ______
                                 

                         HON. MARK STEVEN KIRK

                              of illinois

                    in the house of representatives

                      Thursday, September 27, 2007

  Mr. KIRK. Madam Speaker, today I introduced a resolution calling on 
Governor Rod Blagojevich to stop the state's upcoming prohibition on 
people from Illinois from using the federal government's E-Verify web 
site to confirm immigration status for job applicants. The system is 
used in other states to quickly verify that new employees comply with 
U.S. law. Earlier this week, the Department of Justice, on behalf of 
the Department of Homeland Security, brought suit in federal court to 
strike down the Blagojevich prohibition.
  The E-Verify system was created as part of the ``Basic Pilot 
Program'' authorized by Congress in 1996 to help employers easily check 
immigration status for job applicants. The program was offered to the 
entire country in 2001 by a unanimous vote of the House. Governor 
Blagojevich was a member of the House in 2001 during the time of that 
unanimous vote.
  The E-Verify system provides employers access to a web site to check 
on the legal or illegal status of a job applicant, usually within one 
day. The system approves over 91 percent of such applications. If an 
applicant disagrees with an E-Verify opinion, he can contest the 
``Tentative Non-Confirmation'' within one week at a Social Security or 
Department of Homeland Security office. Federal law prohibits an 
employer from taking action against an employee until this dispute is 
resolved.
  If an employee is officially ``Non-Confirmed'', the employer can 
still offer a job after adjusting the immigration status of the 
applicant or notifying the Department of Homeland Security. Over 22,000 
American employers use the E-Verify system that has processed almost 
three million requests. More than 800 employers join this system each 
week.
  While the federal government offered Americans the right to check on 
the immigration status of job applicants using the E-Verify system, 
this right will be denied to the people of Illinois by this new state 
law. Signed by the Governor in August, the Illinois law will deny all 
Illinois employers the right to use the federal E-Verify system after 
January 1. The Illinois law only allows access to E-Verify at some 
future date after state officials finds the system is 99 percent 
accurate. No other state denies the rights of its employers to use this 
federal program. Furthermore, the Illinois law clearly violates the 
Supremacy Clause of the Constitution.
  I encourage all of my colleagues to join me in supporting this 
resolution and supporting the right of employers to verify the 
immigration status of prospective employees.

                          ____________________