File #: Res 0459-2023    Version: Name: Prohibiting municipalities from requiring all employers to check prospective employees’ work authorization status by using the federal electronic verification system. (A.568/S.1802)
Type: Resolution Status: Adopted
Committee: Committee on Immigration
On agenda: 1/19/2023
Enactment date: Law number:
Title: Resolution calling upon the New York State Legislature to pass, and the Governor to sign, A.568/S.1802 prohibiting municipalities from requiring all employers to check prospective employees' work authorization status by using the federal electronic verification system and prohibiting employers from checking the employment authorization status of an existing employee or an applicant who has not been offered employment.
Sponsors: Amanda Farías, Farah N. Louis, Julie Menin, Crystal Hudson, Lincoln Restler, Kristin Richardson Jordan, Kevin C. Riley, Carmen N. De La Rosa, Shahana K. Hanif
Council Member Sponsors: 9
Attachments: 1. Res. No. 459, 2. January 19, 2023 - Stated Meeting Agenda, 3. Hearing Transcript - Stated Meeting 1-19-23, 4. Minutes of the Stated Meeting - January 19, 2023, 5. Proposed Res. No. 459-A - 4/19/23, 6. Committee Report 4/28/23, 7. Hearing Testimony 4/28/23, 8. Hearing Transcript 4/28/23, 9. Proposed Res. No. 459-A - 10/2/23, 10. Committee Report 10/19/23, 11. Hearing Transcript 10/19/23, 12. Committee Report - Stated Meeting, 13. October 19, 2023 - Stated Meeting Agenda, 14. Hearing Transcript - Stated Meeting 10-19-23
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
10/19/2023AAmanda Farías City Council Approved, by CouncilPass Action details Meeting details Not available
10/19/2023*Amanda Farías Committee on Immigration Hearing Held by Committee  Action details Meeting details Not available
10/19/2023*Amanda Farías Committee on Immigration Amendment Proposed by Comm  Action details Meeting details Not available
10/19/2023*Amanda Farías Committee on Immigration Amended by Committee  Action details Meeting details Not available
10/19/2023AAmanda Farías Committee on Immigration Approved by CommitteePass Action details Meeting details Not available
4/28/2023*Amanda Farías Committee on Governmental Operations Laid Over by Committee  Action details Meeting details Not available
4/28/2023*Amanda Farías Committee on Governmental Operations Amendment Proposed by Comm  Action details Meeting details Not available
4/28/2023*Amanda Farías Committee on Governmental Operations Hearing Held by Committee  Action details Meeting details Not available
4/28/2023*Amanda Farías Committee on Immigration Laid Over by Committee  Action details Meeting details Not available
4/28/2023*Amanda Farías Committee on Immigration Amendment Proposed by Comm  Action details Meeting details Not available
4/28/2023*Amanda Farías Committee on Immigration Hearing Held by Committee  Action details Meeting details Not available
1/19/2023*Amanda Farías City Council Referred to Comm by Council  Action details Meeting details Not available
1/19/2023*Amanda Farías City Council Introduced by Council  Action details Meeting details Not available

Res. No. 459-A

 

Resolution calling upon the New York State Legislature to pass, and the Governor to sign, A.568/S.1802 prohibiting municipalities from requiring all employers to check prospective employees’ work authorization status by using the federal electronic verification system and prohibiting employers from checking the employment authorization status of an existing employee or an applicant who has not been offered employment.

 

By Council Member Farías, Louis, Menin, Hudson, Restler, Richardson Jordan, Riley, De La Rosa and Hanif

 

Whereas, The Immigration Reform and Control Act of 1986 established a prohibition on employers hiring unauthorized workers; and

Whereas, To prevent unauthorized workers from obtaining employment in the United States, Congress established the I-9 verification process, which requires prospective and current employees to submit documentation proving their work eligibility to their employers; and

Whereas, E-Verify was introduced as part of the Illegal Immigration Reform and Responsibility Act of 1996 as a pilot program that seeks to aid employers in accurately determining the work eligibility of current and prospective employees; and

Whereas, E-Verify is a federal electronic system that determines an employee’s work eligibility by comparing the information on an employee’s I-9 form to Social Security Administration (SSA) and Department of Homeland Security (DHS) records; and

Whereas, If the individual’s I-9 information does not match SSA and DHS records, E-Verify will issue a tentative non-confirmation or a final non-confirmation result, which signifies that they are not currently authorized to work; and

Whereas, According to the U.S. Government Accountability Office, in 2010, an estimated 80,000 work eligible employees lost their position as a result of erroneous E-Verify non-confirmation results; and

Whereas, According to the National Immigration Law Center (NILC), E-Verify’s errors disproportionately impact lawful permanent residents and other noncitizens working legally in the United States; and

Whereas, An employee who receives a non-confirmation result is often not given the opportunity to contest the finding since employers do not always notify employees about non-confirmation results or about the necessary procedures to rectify potential errors; and

Whereas, Challenging a non-confirmation result is a time consuming process that can require a worker to travel several hours to visit an SSA office; and

Whereas, E-Verify is currently a voluntary program at the federal level except for federal agencies and their contractors and vendors; and

Whereas, Twenty-two states have laws requiring some or all employers to use E-Verify; and

Whereas, New York State does not require employers to use E-Verify, but employers can voluntarily use the program and municipal governments can opt to require employers to use the system; and

Whereas, According to DHS, over 34,000 employers in New York State participate in E-Verify; and

Whereas, Mandating that employers join the program would likely cause the error rate for all workers to increase, given the enormous expansion of E-Verify that such a mandate would require; and

Whereas, If E-Verify becomes mandatory it could negatively affect the more than three million immigrants residing in New York City; and

 Whereas California limits the use of E-Verify by prohibiting localities from requiring employers to use the program; and

Whereas, A.568, introduced by Assembly Member Kenny Burgos and pending in the New York State Assembly, and companion bill S.1802, introduced by State Senator Jessica Ramos and pending in the New York State Senate, would prohibit municipalities from requiring employers to use E-Verify and prohibit employers from using E-Verify to check the employment authorization status of an existing employee or an applicant who has not been offered employment; now, therefore, be it

Resolved, That the Council of the City of New York calls upon the New York State Legislature to pass, and the Governor to sign, A.568/S.1802 prohibiting municipalities from requiring all employers to check prospective employees’ work authorization status by using the federal electronic verification system and prohibiting employers from checking the employment authorization status of an existing employee or an applicant who has not been offered employment.

 

 

NM

LS # 11784

12/21/2022