Introduced Version - Originating in Committee Senate Concurrent Resolution 27 History

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(By Senators Blair (Mr. President), Takubo, Azinger, Boley, Grady, Maroney, Nelson, Tarr, Trump, Weld, Woelfel, and Woodrum)

[Originating in the Committee on Rules; reported on March 11, 2023]


Requesting that the Joint Committee on the Judiciary commission study the requiring use of E-Verify for all employers, both public and private, and any employer with a public contract that is paid for using West Virginia taxpayers’ dollars.

Whereas, A recent survey of West Virginia voters found that a majority believe that illegal immigrants coming to West Virginia and filling jobs, which could otherwise be filled by West Virginia residents, is a current problem and that a strong 70 percent support the state government leaders to require all employers to use the federal electronic E-Verify system to help ensure that only legal workers are hired for U.S. jobs; and

Whereas, The E-Verify system is a free web-based system administered through the U.S. Department of Homeland security through which employers electronically confirm the employment eligibility of their employees through records available to the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA); and

Whereas, The employer usually receives a response within a few seconds either confirming the employee’s employment eligibility or indicating that the employee needs to take further action to complete the case; and

Whereas, The 2020 annual Customer Satisfaction Survey found that 87 percent of employers who use E-Verify were satisfied with the system and 93 percent had confidence in its accuracy, compared to an average satisfaction rate of 66 percent for all services provided by the federal government; and

Whereas, There were 738,507 individual cases found to not be authorized by the system in FY2022; and

Whereas, Under the current paper I-9 system, an individual may be hired without a Social Security number or photo I.D., which makes it incumbent upon each individual employer to verify the immigration status of an applicant through paper documents; therefore, be it

Resolved by the Legislature:

That the Joint Committee on the Judiciary is hereby requested to study how legislation requiring all employers to use E-Verify would appropriately address the growing concern of illegal immigrants filling jobs which could otherwise be filled by West Virginians; and, be it

Further Resolved, That the Joint Committee on the Judiciary report in writing not later than the interim session of December 2023 its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations for the preparation of  regular session of the Legislature, 2024; and, be it

Further Resolved, that the expenses necessary to conduct this study, prepare a report, and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

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