Lawmakers are pushing through a bill that would crack down on undocumented workers within the state, even after admitting the problem isn’t widespread.
For nearly two hours, lawmakers on the House Judiciary Committee debated a bill that would require most private employers in the state to use “E-Verify”, a near instantaneous system run by the federal government to check work authorization status for new hires.
Employers that do not comply could have their business licenses suspended. Businesses with fewer than 15 employees would be exempted.
While no lawmaker pointed to a specific incident in West Virginia, they did echo many of the typical talking points on immigration found in right-wing media.
The bill’s lead sponsor Del. Chris Phillips, R-Barbour, said the measure is an effort to “address the flood of illegal immigrants” in the United States, though he noted West Virginia does not have a problem with undocumented immigrants coming to the state when questioned by another delegate as to why this bill is needed.
“Illegal immigration is an existential threat to this country,” Phillips said.
A handful of pro-business Republicans found bedfellows in the couple of Democrats on the committee, arguing the requirement would be an unnecessary onus on employers.
“I don’t think any one of us got elected to make it harder for small businesses,” said Del. Todd Kirby, R-Raleigh.
Del. Geoff Foster, R-Putnam, led the way, grilling the committee lawyer at length and offering one amendment that would’ve raised the number of employees from 15 to 50 for a business to be required to conduct an E-Verify check.
That amendment would’ve effectively neutered the bill, according to Phillips. It was voted down 15-8.
The bill was pushed by national think-tank NumbersUSA, a group with links to white nationalist groups, according to the Southern Poverty Law Center. The think tank has repeatedly denied this.
NumbersUSA CEO James Massa was called by lawmakers to testify at Monday’s meeting and explain how the E-Verify system worked.
A representative from the group also presented to lawmakers late last year at an interim session in Wheeling. During that presentation, the representative talked about a similar bill that passed the Senate last year, but died in the House and suggested ways lawmakers might be able to get a similar bill across the finish line this year.
As of 2021, the federal government estimates about 22 states, including West Virginia, require the use of E-Verify in at least some situations to screen new hires for work status. Basically, the system takes information from an employee’s I-9 — the hiring document that proves one can legally work in the United States — and uploads it to the system for an instantaneous check.
Under current state code, state employees working on the Capitol Complex grounds are required to have their work status checked through E-Verify.
The bill was advanced out of committee and will be considered by the full House of Delegates later this week.