NRF Expresses Concerns Over Immigration Bill

Washington, DC, May 23, 2007--The National Retail Federation today expressed concerns over immigration reform legislation under consideration in the Senate, citing provisions on employment verification, standards for liability, responsibility for third-party actions and lack of preemption of state and local laws.

"NRF has serious concerns with Title III of the Secure Borders, Economic Opportunity and Immigration Reform Act of 2007 which, if not addressed, would impose unfair burdens on the entire employer community," NRF Senior Vice President for Government Relations Steve Pfister said in a letter to Senate Majority Leader Harry Reid, D-Nev., and all members of the Senate.

"While NRF supports the underlying goal of creating an electronic employment verification system, we have serious concerns that the complex system envisioned by the bill's drafters will not be up and running to meet

the short deadlines contained in the proposed bill," Pfister said. "Our experience with other federal databases, including the Basic Pilot Program that is currently housed at DHS, leaves us uncertain about the prospects of

getting the tasked agencies to come together to build a reliable system within these timeframes."

Pfister said NRF strongly opposes the bill's proposal to require re-verification of existing employees, noting that the retail industry employs more than 23 million workers and has already diligently complied with existing I-9 verification requirements. To re-verify those workers "would be a significant and undue burden for law-abiding employers" and it would be "especially troubling" to be required to do so under an "undeveloped and untested" electronic verification system, he said.

NRF is also concerned that the bill would shift the current enforcement standard for employer liability in hiring an illegal worker from the current "knowing" to "knowing or with reckless disregard," that would rely on a subjective finding that an employer "should have known" that an employee was illegal.

NRF also expressed concern over provisions that would hold employers responsible for the hiring practices of third parties with whom they contract, and for the lack of provisions to strongly preempt state and local laws.