Advocates for businesses and immigrants voiced their opposition on Wednesday to a bill in the Iowa Senate that proposes mandatory use of the federal E-Verify program by employers to ensure they are not hiring undocumented immigrants.
Republican senators in a subcommittee voted to advance Senate File 108, legislation that would prohibit Iowa employers from knowingly hiring workers not authorized to live or work in the country.
This bill, a holdover from the 2023 legislative session, advanced through the committee process last year but was not brought to the Senate floor. Similar bills have been considered in previous sessions but did not progress.
While lobbyists representing Iowa business groups expressed the desire to avoid hiring undocumented workers, they raised concerns about the legislation mandating the use of E-Verify. The federal web-based system cross-checks a potential hire’s I-9 employment eligibility verification form with the federal Social Security Administration and Department of Homeland Security to confirm their legal ability to work in the country.
Dustin Miller, representing multiple business groups including the Iowa Grocery Industry Association and the Greater Des Moines Partnership, highlighted concerns about the system’s effectiveness, citing 70,000 false positives each year, often involving workers under 18 not yet in federal databases.
Sen. Julian Garrett, R-Indianola, defended the system, stating that many employers using it have reported it working as intended.
The proposed legislation would make it a crime to knowingly employ an “unauthorized alien employee,” allowing complaints to be filed by law enforcement, county attorneys, and members of the public with Iowa Workforce Development. If found in violation, IWD would be required to take action in district court.
Penalties for a first offense would include firing all undocumented employees, serving three years probation with quarterly reports on new hires, and signing a sworn affidavit not to hire undocumented workers. Failure to file the affidavit could lead to the suspension of the business license. Subsequent offenses could result in the permanent loss of the employer’s business license.
Tom Chapman with the Iowa Catholic Conference criticized the lack of options for employees incorrectly labeled as undocumented workers under the E-Verify system.
Chuck Hurley, an advocate with The Family Leader, supported the bill, emphasizing its role in improving security and addressing illegal immigration at the U.S.-Mexico border.
Sen. Tony Bisignano, D-Des Moines, voted against advancing the bill, pointing to the significant number of businesses opposing the measure. He criticized characterizing the situation at the U.S. southern border as an “invasion” and emphasized that E-Verify will not solve the broader issues.
Iowa Sen. Tom Shipley, R-Nodaway, supported advancing the bill but acknowledged the need for further work to address concerns raised during the subcommittee meeting.
