H.R. 4430 · 118th Congress
E-Verify Data Privacy and Wrongful Unemployment Act of 2023
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Never voted on. It didn't reach a floor vote before the 118th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
R
McCormickSponsor1 cosponsor · 1 R
1 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
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.
What it does: CRS summary · Introduced in House · Jun 30, 2023
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.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: E-Verify Data Privacy and Wrongful Unemployment Act of 2023
Latest action (Jun 30, 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.
Policy area: Immigration · Origin: House · Introduced: Jun 30, 2023
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.