From the Tea Party Patriots – Call your Congressman now!

HR 2885 – Legal Workforce Act
There are four problems with HR 2885 which is the second bill called the Legal Workforce Act,
the first was HR 2164.
Section 6 Preemption in HR 2885, must be removed or the bill killed.
The problems with HR 2885 are in the following sections:
• SEC. 2. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS
• SEC. 6. PREEMPTION
• SEC. 10. FRAUD PREVENTION
• SEC. 11. BIOMETRIC EMPLOYMENT ELIGIBILITY VERIFICATION PILOT
PROGRAM
SEC. 2. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS
‘‘(ii) DOCUMENTS EVIDENCING EMPLOYMENT AUTHORIZATION AND
ESTABLISHING IDENTITY.—A document described in this subparagraph is an
individual’s—
‘‘(IV) in the case of a non-immigrant alien authorized to work for a specific
employer incident to status, a foreign passport with Form I–94 or Form I–94A, or
other documentation as designated by the Secretary specifying the alien’s nonimmigrant
status.
Comment:
The original legislation, HR 2164, designated only the I-94 and I-94A. HR 2885 allows other
documents to be used at the discretion of the Secretary of DHS and could be abused for
political reasons. The I-94 and I-94A are sufficient documents for establishing identity and
authorization for employment.
SEC. 6. PREEMPTION.
Section 274A(h)(2) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(2)) is
amended to read as follows:
‘‘(2) PREEMPTION.—The provisions of this section preempt any State or local
law, ordinance, policy, or rule, including any criminal or civil fine or penalty
structure, insofar as they may now or here after relate to the hiring, continued
employment, or status verification for employment eligibility purposes, of
unauthorized aliens.
Comment:
The state preemption, Section 6 is exactly the same in the new bill, HR2885, as in the previous
bill, HR 2164. It has not been removed. Currently 17 states have passed their own version of
E-Verify legislation. By next year 25 – 30 states could have their own state laws. The U.S.
Supreme Court in the Whiting Case has ruled that states can pass and enforce their own EVerify
laws. The state preemption in HR 2885 would prohibit the states from using E-Verify
to enforce employment laws to the benefit of American workers (American citizens or legal
immigrants with work visas.)
The state preemption in HR2164 was opposed by:
• Arizona Senator Russell Pearce (Author of AZ’s E-Verify law, SB1070 and other
legislation)
• Kansas Secretary of State Kris Kobach (Co-author of SB 1070 with Russell Pearce)
• U.S. Congressman Lou Barletta (former Mayor of Hazelton Pennsylvania)
• NAFBPO-The National Association of Former Border Patrol Officers
• Daryl Metcalfe, Rep. Pennsylvania House of Representatives and founder of the State
Legislators for Legal Immigration
• Bay Buchanan, Co-Chair of Team America PAC. (One of the sharpest political minds in
the country.)
• Tom Tancredo, Co-Chair of Team America PAC. (Nobody worked harder inside the
Beltway for enforcement.)
• Phyllis Schlafly, Founder and President of Eagle Forum, (Has impeccable patriot
credentials.)
• State Legislators for Legal Immigration
• Patriot Action Network
Rep. Steve King R-IA said in his opening statement about HR 2885 in Judiciary on Thursday
September 15:
“…do you believe the Federal Government will enforce efficiently and effectively the laws that
we might pass in this Congress. The history of that, of immigration enforcement, doesn’t answer
that as a yes. I have concerns because of that. I want local government to help us enforce
immigration laws because the Federal Government is not doing the job.
Comment: cont…
Section 6 Preemption, is a state’s rights concern. Also, it is believed that the state preemption
is the reason for this bill, as it is supported by the U.S. Chamber of Commerce which has been
an enemy of immigration enforcement for the past 25 years. The Chamber opposed the
Employer Sanctions in the 1986 IRCA amnesty, (Simpson-Mazzoli) and, among other things,
has sued the federal government to prevent requiring contractors with the federal government
to use E-Verify.
Employment is the biggest magnet attracting illegal immigrants. This fact is indisputable. If
states are prohibited from enforcing federal employment law and the federal government
continues its policy of defacto-amnesty through “Discretionary Prosecution,” Section 6 of
HR 2885 will result in the biggest single setback to immigration enforcement since the 1986
IRCA amnesty.
SEC. 10. FRAUD PREVENTION
(c) BLOCKING USE OF CERTAIN SOCIAL SECURITY ACCOUNT NUMBERS.
(1) IN GENERAL.—The Secretary of Homeland Security shall establish a
program in which the social security account numbers of an alien described in
paragraph (2) shall be blocked from use for purposes of the employment
eligibility verification system established under section 274A(d) of the
Immigration and Nationality Act (8 U.S.C. 1324a(d)), as amended by section 3 of
this Act, unless the alien is subsequently admitted lawfully to the United States in,
or the Secretary has subsequently changed the alien’s status lawfully to, a status
that permits employment as a condition of the alien’s admission or subsequent
change of status, or the Secretary has subsequently granted work authorization
lawfully to the alien.
Comment:
Section (c) from the original HR 2164 is not in HR2885. Blocking use of a SSAN is an
important part of reducing fraud. This section should be added to HR 2885. We need more
fraud prevention, not less.
SEC. 11. BIOMETRIC EMPLOYMENT ELIGIBILITY VERIFICATION PILOT
PROGRAM.
Not later than 48 months after the date of the enactment of the Legal Workforce Act, the
Secretary of Homeland Security, after consultation with the Commissioner of Social
Security and the Director of the National Institute of Standards and Technology, shall
establish by regulation a Biometric Employment Eligibility Verification pilot program
(the ‘‘Biometric Pilot’’). The purpose of the Biometric Pilot shall be to provide for
identity authentication and employment eligibility verification with respect to enrolled
new employees which shall be available to subject employers who elect to participate in
the Biometric Pilot. Any subject employer may cancel the employer’s participation in the
Biometric Pilot after one year after electing to participate without prejudice to future
participation.
Comment:
The Biometric Pilot Program has been reduced from seven pages in HR 2164 to this single
paragraph. The merits of any biometric identification legislation should be debated separately
from E-Verify and legislation written in a way that specifies the limits of the program to avoid
government abuse and unconstitutional invasions of privacy.
Links:
• HR 2164
• HR 2885
• Morton Memo on Prosecutorial Discretion
• Whitehouse Blog Announces Defacto Amnesty based on Prosecutorial Discretion
• Dept. of Labor Secretary Hilda Solis protects illegal alien workers
• The HALT Act
• HR 2847 Agricultural Worker Program (500,000 workers per year)
Take Action:
Contact all members of the Judiciary Committee and identify yourself as a member of the Tea
Party. Below is a suggested script, modify as necessary. Be polite.
“My name is _____________ and I am calling Congressman/woman ___________ to ask that
he/she support an amendment of HR 2885-The Legal Workforce Act.
Section 6, the preemption, must be removed. If the states are prevented from enforcing
employment law to prevent illegal aliens from working in our country, there will be no
enforcement. Employment is the number one reason illegal aliens sneak into our country.
Please contact Congressman Steve King on the Judiciary Committee and tell him Congressman
______ will support an amendment removing the state preemption from the HR 2885.
States rights must be preserved and the states must not be prevented from enforcing the law that
can cut off employment to illegal aliens.
Thank you.”
Please report what feedback you get from the staffer, if any.
Member District
HR 2885
Cosponsor Party Phone
Rep Griffin, Tim AR-2
R 202-225-2506
Rep Franks, Trent AZ-2 9/12/2011 R 202-225-4576
Rep Quayle, Benjamin AZ-3
R 202-225-3361
Rep Gallegly, Elton CA-24 9/12/2011 R 202-225-5811
Rep Lungren, Daniel E. CA-3
R 202-225-5716
Rep Issa, Darrell CA-49
R 202-225-3906
Rep Ross, Dennis FL-12 9/12/2011 R 202-225-1252
Rep Adams, Sandy FL-24
R 202-225-2706
Rep King, Steve IA-5
R 202-225-4426
Rep Pence, Mike IN-6
R 202-225-3021
Rep Coble, Howard NC-6
R 202-225-3065
Rep Chabot, Steve OH-1
R 202-225-2216
Rep Jordan, Jim OH-4
R 202-225-2676
Rep Marino, Tom PA-10
R 202-225-3731
Rep Gowdy, Trey SC-4
R 202-225-6030
Rep Gohmert, Louie TX-1
R 202-225-3035
Rep Poe, Ted TX-21
R 202-225-6565
Rep Smith, Lamar TX-21 9/12/2011 R 202-225-4236
Rep Chaffetz, Jason UT-3
R 202-225-7751
Rep Forbes, J. Randy VA-4
R 202-225-6365
Rep Goodlatte, Bob VA-6
R 202-225-5431
Rep Sensenbrenner, Jim WI-5
R 202-225-5101