Bloggings on I-9 E-Verify Immigration Compliance




Bruce Buchanan






Immigration Compliance Provisions in Immigration Reform Bill; by Bruce Buchanan, Siskind Susser





There are a number of immigration compliance provisions for employers*in the proposed Comprehensive Immigration Reform bill, called "Border Security, Economic Opportunity and Immigration Modernization Act" (the Act).


A major component in the*Act*for employers is that all employers would be required to utilize E-Verify. Immediately, federal agencies and federal contractors would be required to utilize E-Verify. After one year, the Department of Homeland Security (DHS) may require "employers responsible for protecting, securing, operating, part of the critical infrastructure" to use E-Verify. Applicable employers would be required to use E-Verify according to the following, after passage of the Act and publication of applicable regulations: (a) 2 years - employers with 5000+ employees; (b) 3 years - employers with more than 500 workers; (c) 4 years - agricultural employers and all other employers; and (d) 5 years - Indian tribes.*


The amended version of the Act makes it clear that if E-Verify is currently required in one's state(s) where it conducts business, an employer must continue to comply with the state law even if the federal provisions for E-Verify have not gone in effect.


Another*important aspect of this legislation for employers is that if an employee received* "registered provisional immigration (RPI) status", which would provide for lawful employment status, an employer would not be considered to have previously employed an undocumented worker in violation of IRCA.*


As the bill makes it through the House and Senate, you can probably expect some of these provisions to be amended.








About The Author




Bruce E. Buchanan is an attorney at the at Nashville Office of Siskind Susser, P.C. He represents individuals and employers in all aspects of immigration law, with an emphasis on immigration compliance for employers, and employment/labor law.



Mr. Buchanan received his law degree from the Vanderbilt University School of Law in 1982 and a B.S. degree from Florida State University, where he graduated magna cum laude. Mr. Buchanan has been in private practice since 2003. Beforehand, he served as Senior Trial Specialist for the National Labor Relations Board for 20 years. He also served from 1991 to 2003 as Adjunct Professor at William H. Bowen UALR School of Law, where he taught courses in Labor Law and Employment Law.



Mr. Buchanan was chair of the Tennessee Bar Association's Immigration Law Section from 2011 to 2012 and has been the editor of the TBA's Immigration Law Section Newsletter and the TBA's Labor and Employment Law Section Newsletter since 2009. Mr. Buchanan is a frequent writer and speaker on immigration compliance as well as labor law, wage & hour law and proposed federal legislation. He is a member of American Immigration Lawyers Association (AILA) and serves as the Advocacy Liaison of the Mid-South Chapter of AILA. Mr. Buchanan also serves on the Board of Directors for the Nashville International Center for Empowerment (NICE) and is an associate member of the Mid-Tennessee Chapter of the Associated Builders & Contractors.



Mr. Buchanan is admitted to practice in Tennessee, Florida, and Arkansas, before the U.S. Court of Appeals for the Fifth, Sixth, Eighth, and D.C. Circuits and the U.S. District Courts for the Middle District of Tennessee and the Eastern and Western Districts of Arkansas.






The opinions expressed in this article are those of the author(s) alone and should not be imputed to ILW.COM.