WHEREAS:

AFSCME fully supports a realistic and compassionate approach to comprehensive immigration reform, as spelled out in our May 2006 resolution; and

WHEREAS:

The Illegal Immigration Reform and Immigration Responsibility Act of 1996 established a Basic Pilot program to electronically verify employment eligibility. The program, currently referred to as "E-verify," was extended by the Basic Pilot Extension Act of 2001, expanded to all 50 states in 2003, and subsequently reauthorized by Congress in 2003 and 2008; and

WHEREAS:

The Department of Homeland Security (DHS) mandated the use of E-Verify for all federal contractors, regardless of size, holding a contract with a period of performance longer than 120 days and a value above $100,000 and subcontractors providing services or construction with a value more than $3,000, effective September 2009; and

WHEREAS:

The Basic Pilot/E-Verify program relies on outdated Social Security Administration (SSA) and DHS databases to electronically verify employment eligibility and has been found to be replete with errors and inaccuracies since its inception; and

WHEREAS:

Employers have selectively implemented E-Verify by singling out workers for discriminatory treatment; and

WHEREAS:

Employers who use the program have engaged in illegal employment practices on numerous occasions, including pre-employment screening and restricting work assignments, delaying job training, reducing pay and increasing work hours if an employee’s eligibility is not immediately confirmed; and

WHEREAS:

AFSCME represents many workers whose employers operate under federal contracts and are threatened by the mandate to compel public entities, including state, county and local governments, schools, hospitals and other public institutions to use the Basic Pilot/E-Verify program.

THEREFORE, BE IT RESOLVED:

That AFSCME will not support a verification program that unfairly puts the implementation program in the hands of employers; and

BE IT FURTHER RESOLVED:

That AFSCME will support, as part of comprehensive immigration reform, a verification program carried out by a government agency that can be held accountable for non-discriminatory performance; and

BE IT FINALLY RESOLVED:

That AFSCME opposes the requirement that all federal contractors use E-Verify before the advent of comprehensive reform and will urge DHS to rescind the regulation and oppose any efforts to expand or make permanent the Basic Pilot/E-Verify program.