Action Alert:
Protect Workers' Civil Rights:
Oppose H.R. 2359: The Basic Pilot Extension Act of 2003.

Call the Capitol Switchboard 202-225-2121 and ask your member of Congress to Oppose H.R. 2359: The Basic Pilot Extension Act of 2003.

On Tuesday, October 28, H.R. 2359 is scheduled to be voted on the House Suspension Calendar. Although denominated an "extension," H.R. 2359 would

• Expand a flawed pilot program currently operating in 6 states to all 50 states and the District of Columbia; and
• Increase the scope of the program beyond the employment context to use by any government agency for virtually any purpose.

This last provision would permit any federal, state or local agency to evade privacy and certain nondiscrimination provisions that currently protect individuals who have information stored in Department of Homeland Security and Social Security Administration databases.

Current Status of the Basic Pilot Program:

The Basic Pilot Program is one of the three pilots created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). It is a computer-based system that can be used to replace the I-9 forms and allows employers to check the Department of Homeland Security and Social Security Administration databases to determine whether an employee is work authorized. It now operates in six states (California, Texas, Florida, New York, Illinois, and Nebraska). It also functions in other states where a participating employer from one of the six states hires employees, or where an employer has been required to participate based on a violation for knowingly hiring or continuing to hire an undocumented worker.

An evaluation of the Basic Pilot Program was conducted for the Department of Justice by two independent private contractors: the Institute for Survey Research at Temple University and Westat. The evaluation report identified several critical problems with the pilot program and concluded that it "is not ready for larger-scale implementation at this time."

The Basic Pilot Program has many problems: the immigration databases used to verify work authorization are inaccurate and outdated, employers didn't use the system correctly, workers with authorization were fired because of incorrect data in the system, and employers violated civil rights by prescreening employees or firing them before they had complete information.

What does H.R. 2359 do?

H.R. 2359 would extend the Basic Pilot Program for another five years, without fixing the problems with the program and would expand the program to all 50 states and the District of Columbia. A brand new provision authorizes federal, state, or local governments to use the pilot program to access the databases to find information about any citizen or immigrant for any purpose within their purview. Unlike other provisions governing use federal databases, there are no limitations on protecting against discrimination, privacy violations, or other misuse. There has never been a hearing on the pilot program and H.R. 2359 was not considered by the Immigration and Claims Subcommittee. Nor has the increase in scope beyond the employment context been explored, explained, or justified to any congressional committee.

CALL THE CAPITOL SWITCHBOARD 202-225-3121 AND ASK YOUR MEMBER OF CONGRESS TO OPPOSE H.R. 2359.

For more information, contact: Joan Friedland, National Immigration Law Center, 202-216-0261, [email protected]

© 2003 Hotel Employees and Restaurant Employees International Union