Department of Homeland Security Appropriations Act, 2010

Floor Speech

DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2010 -- (House of Representatives - June 24, 2009)

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Ms. ZOE LOFGREN of California. Thank you, Mr. Price.

In looking at this amendment, I think it's important for Members to know that they can either vote for it or against it. It doesn't really matter because it's a restatement of existing law.

I would direct the attention of Members to section 274A(h)(3) of the Immigration and Nationality Act, 8 U.S. Code 1324a(h)(3), which says, and I read it, in part, authorized alien means with respect to the employment of an alien at a particular time the alien is not at that time either lawfully admitted for permanent residence or authorized to be so employed by this act or by the Attorney General.

As I say, this provision is not necessary. Current law also requires all employers to verify the employment authorization of employees here in the Federal Government, and there already are criminal and civil penalties for hiring unauthorized immigrants. Again, that is current law.

Current law also permits employers to electronically verify the employment eligibility of employees pursuant to section 401 and 402 of Public Law 104-208, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. That is the E-Verify program that Members are aware of.

Current law requires the legislative and executive branches of the Federal Government to use E-Verify to verify the employment eligibility of their employees pursuant to section 402(e)(1) of Public Law 104-208; again, the Illegal Immigration Reform and Immigration Responsibility Act of 1996.

So, I provide this information to Members not as an advocate for or against the amendment, simply to note that this is a restatement of existing law.

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