E-Verify Data Privacy and Wrongful Unemployment Act of 2023
The source supplies the latest action, but no lifecycle stage.
Latest action (30 Jun 2023): Referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
What this bill does
H.R. 4430, the E-Verify Data Privacy and Wrongful Unemployment Act of 2023, would amend the Immigration and Nationality Act's employment verification (E-Verify) provisions. It would require that any employment verification system protect the privacy and security of personal information and bar it from collecting data on race, religious or political beliefs, genetic data, biometric information, or health/vaccination status. The Department of Homeland Security's Inspector General would be required to conduct an annual study and publicly report on whether the system is complying with these privacy rules, noting any violations.
The bill also addresses situations where E-Verify wrongly issues a "final nonconfirmation" that an employee is ineligible to work. Employers who reasonably believe such a result was mistaken could temporarily employ the individual for up to 180 days while notifying the Secretary, but must terminate the person if the government later determines the denial was correct. Workers who believe they were wrongly denied or dismissed due to a system error could seek compensation and injunctive relief through a specific federal claims process (chapter 171 of title 28), but could not bring class-action lawsuits.
The bill affects employers using E-Verify, job applicants and employees subject to verification, and DHS oversight functions. It was introduced by Rep. Rich McCormick (R-GA) on June 30, 2023, referred to the House Judiciary and Education and the Workforce Committees, and has not received a vote; no further action has occurred.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
E-Verify Data Privacy and Wrongful Unemployment Act of 2023
This bill establishes certain privacy requirements for employment eligibility verification systems established under the immigration laws, including the E-Verify system. The bill also addresses issues relating to incorrect information in E-Verify.
Under this bill, such a system may not include data about (1) race; (2) religious, political, or philosophical beliefs; (3) genetic data; (4) biometric information; or (5) health information, including vaccination status.
The Inspector General of the Department of Homeland Security (DHS) must annually report to Congress on whether such systems are complying with all applicable laws. The report must specify instances where such a system violated requirements to protect the privacy and security of personal information, including the requirements imposed by this bill.
The bill also authorizes an employer to temporarily employ an individual even if E-Verify fails to confirm the individual's employment eligibility if the employer reasonably believes that the result is incorrect. Specifically, the employer (1) may hire the individual for up to 180 days, and (2) must immediately notify DHS of the supposed incorrect result. If DHS determines that the original result from E-Verify was correct, the employer must immediately terminate the individual's employment.
If an individual claims to have lost a job or job offer due to an error in E-Verify, that individual may only sue for injunctive relief to correct the error and only through the Federal Tort Claims Act. Such a claim may not be brought as a class action.
Timeline
30 Jun 2023
Referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Common questions
- What does H.R. 4430 do?
- H.R. 4430, the E-Verify Data Privacy and Wrongful Unemployment Act of 2023, would amend the Immigration and Nationality Act's employment verification (E-Verify) provisions. It would require that any employment verification system protect the privacy and security of personal information and bar it from collecting data on race, religious or political beliefs, genetic data, biometric information, or health/vaccination status. The Department of Homeland Security's Inspector General would be required to conduct an annual study and publicly report on whether the system is complying with these privacy rules, noting any violations. The bill also addresses situations where E-Verify wrongly issues a "final nonconfirmation" that an employee is ineligible to work. Employers who reasonably believe such a result was mistaken could temporarily employ the individual for up to 180 days while notifying the Secretary, but must terminate the person if the government later determines the denial was correct. Workers who believe they were wrongly denied or dismissed due to a system error could seek compensation and injunctive relief through a specific federal claims process (chapter 171 of title 28), but could not bring class-action lawsuits. The bill affects employers using E-Verify, job applicants and employees subject to verification, and DHS oversight functions. It was introduced by Rep. Rich McCormick (R-GA) on June 30, 2023, referred to the House Judiciary and Education and the Workforce Committees, and has not received a vote; no further action has occurred.
- Has H.R. 4430 become law?
- The source does not supply a confirmed lifecycle stage for H.R. 4430. Check the latest action and official source below.
- Who sponsored H.R. 4430?
- H.R. 4430 was sponsored by Rep. McCormick, Richard [R-GA-6] (R-GA), with 1 cosponsor.
- What's the latest action on H.R. 4430?
- Referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (30 Jun 2023).
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