Know their background before it falls on you.

The STRIVE Act and the Hiring Process

By Diane Adams

The Security Through Regularized Immigration and a Vibrant Economy Act (known as the STRIVE Act), introduced by Representatives Jeff Flake (R) and Luis Gutierrez (D), takes a stab at comprehensive immigration reform including a "new worker" program, a pathway to citizenship for illegal immigrants already in the country, and of course, employer enforcement provisions. The bill encompasses nearly every aspect of the illegal immigration situation and, if passed, would profoundly impact the hiring process in America.

The STRIVE Act calls for what appears to be an interim program somewhat similar to a Basic Pilot participation mandate for all employers. The Basic Pilot program itself would be eventually revamped both to handle the massive increase in usage and for accuracy. Over time, the bill would implement yet to be developed additions to the system which would maximize accuracy and data exchange between government databases. Businesses that use the system correctly would receive safe harbor status. Employers would be phased into the new system, starting with critical infrastructure and the largest employers first, and then moving down the ladder to ultimately include all businesses as different phases of the bill itself are unrolled.

The new and improved system would be designed to fill in gaps left by the Basic Pilot program, including the inability to detect multiple uses of the same Social Security Number, and possible discriminatory practices such as using the system to screen hires before an employee has been offered a job. The bill also prohibits the use of the system to discriminate against applicants based on nationality or the use of the program to selectively screen employees.

Provisions in the STRIVE Act would prevent an employer from terminating an employee as a result of a tentative non-confirmation received using the new verification process. Step-by-step procedures for dealing with these types of notifications are promised to be clearly stated and unambiguous, hopefully allowing employers to relax a bit from the current pressure of interpreting hazy and pitfall-strewn regulations dealing with handling 'no match letters' from the SSA.

As a safeguard for privacy rights, the bill includes limitations on the type of data an employer is allowed to collect and store in the database. It would also require that those responsible for developing the system do so using the maximum available security and privacy safeguards, and that DHS and SSA report annually regarding whether the system is performing accurately and is protecting the privacy of records contained within it, as well as certifying that the system is non-discriminatory.

The bill would allow for the eventual use of biometric Social Security Cards, along with other biometric and non biometric identifications, designed to make duplication more difficult (while prohibiting the development of a national ID card). These cards would replace some of the documents in the list of acceptable identification for worker verification. The cards would allow employers to easily verify a worker's claim to employment eligibility and make document fraud and the use of stolen or invented Social Security Numbers or Cards much more difficult, if not impossible.

The STRIVE Act gets tough regarding penalties for non-compliant employers, allowing for civil penalties carrying significant fines and establishing criminal penalties for employers that knowingly hire illegal aliens. Employers that are repeat offenders of the law's provisions could also be barred from government contracts, grants and agreements.

Although the bill has received some bipartisan support, as well as the support of the US Chamber of Commerce, it has many detractors as well. From hard line immigration opponents, who descry it as a thin veil for amnesty, to supporters of illegal alien rights claiming that many provisions in the bill are unrealistic and will create undue hardship for those seeking citizenship, the objectors are as strong as the supporters. As the battle heats up on Capitol Hill, interests from all sides will be watching closely to see what kind of support this bill can garner.