H.R. 4430: E-Verify Data Privacy and Wrongful Unemployment Act of 2023

E-Verify Data Privacy and Wrongful Unemployment Act of 2023

This bill establishes certain privacy requirements for employment eligibility verification systems established under the immigration laws, including the E-Verify system. The bill also addresses issues relating to incorrect information in E-Verify.

Under this bill, such a system may not include data about (1) race; (2) religious, political, or philosophical beliefs; (3) genetic data; (4) biometric information; or (5) health information, including vaccination status.

The Inspector General of the Department of Homeland Security (DHS) must annually report to Congress on whether such systems are complying with all applicable laws. The report must specify instances where such a system violated requirements to protect the privacy and security of personal information, including the requirements imposed by this bill.

The bill also authorizes an employer to temporarily employ an individual even if E-Verify fails to confirm the individual's employment eligibility if the employer reasonably believes that the result is incorrect. Specifically, the employer (1) may hire the individual for up to 180 days, and (2) must immediately notify DHS of the supposed incorrect result. If DHS determines that the original result from E-Verify was correct, the employer must immediately terminate the individual's employment.

If an individual claims to have lost a job or job offer due to an error in E-Verify, that individual may only sue for injunctive relief to correct the error and only through the Federal Tort Claims Act. Such a claim may not be brought as a class action.