Title III:  Worksite Enforcement

Mandatory National Employment Verification System
Creates a mandatory employment verification system to be administered by DHS and to be mandatory for all employers within 5 years.

All federal government employers must register within 60 days after the date of enactment;any employer or industry designated to be “critical infrastructure” must participate in the system within 1 year;employers with more than 1000 employees shall participate within 2 years;employers with more than 500 employees within 3 years, and employers with more than 100 employees, within 4 years.

Additionally, if an employer is found to have violated immigration law, it shall be required to register for the system.  Employers may also register on a voluntary basis.

Outlines the requirements for employers participating in the system, including required training to ensure proper use and the protection of civil rights, civil liberties, and privacy and required notification to employees stating that the system cannot be used for discriminatory or immigration enforcement purposes.

Outlines the process for confirmation or nonconfirmation of employment authorization. A confirmation or nonconfirmation must be issued within 15 days. Employees must receive notice of the nonconfirmation within 3 business days. Employees are prohibited from employing an individual who received a nonconfirmation following the expiration of the administrative appeal or if a further action notice was not contested.

Creates an administrative and judicial review process. If the nonconfirmation was caused by the employer’s negligence or misconduct, the employee can seek damages, back pay, reinstatement, and other remedies in a civil action against the employer.

Provides for annual studies, audits, and reports by the U.S. Comptroller General and the DHS Office for Civil Rights and Civil Liberties.

Provides that DHS must establish procedures for compliance with system rules by employers and establishes penalties for employers who do not comply with the rules.

Preemption: Clarifies existing law that the employment of unauthorized workers is the responsibility of the federal government and leaves no room for additional state or local legislation.

Provides that workers cannot be denied backpay or any other monetary remedy for unlawful employment practices by an employer or for workplace injuries because they are unauthorized or because the employer failed to comply with employment verification procedures.

Requires that within 2 years, only fraud-resistant, tamper-resistant, and wear-resistant Social Security cardswill be issued. Within one year, the DHS must issue only machine readable, tamper-resistant employment authorization documents that use biometric identifiers.

Amends INA Section 274B, which prohibits employment discrimination based citizenship status or national origin. The misuse of the employment verification system (such as terminating an employee while confirmation is pending or failing to provide timely required notice to employees) is added to the list of unfair immigration-related employment practices. Violations are to be litigated by Office of Special Counsel in the DOJ Civil Rights Division.

Authorizes the creation of a voluntary Enhanced Verification System which would allow individuals to self-verify their work eligibility, to review their records in the employment verification system, to update information in the system, to submit biometric information, and to block the use of their Social Security numbers in the system.