Attorney General Kris Kobach’s effort to require all Kansas employers to use a federal internet-based system to verify the eligibility of their employees to work in the United States was derailed in a Senate committee Monday morning.
The Federal and State Affairs Committee narrowly voted down the bill, even after it was narrowed in scope to apply only to government employers, although there were questions raised about whether it would apply to independent contractors.
The committee’s action likely means the bill is dead for this session, although it could return again next year. The committee’s chair, Sen. Mike Thompson of Shawnee, said his committee is already faced with a lot of work as the regular session nears an end.
“Obviously, I think it’s an important bill, but I need to do a little checking around to see what we can do to clean up any language to make it a little more palatable for the committee,” Thompson said.
The chances of returning this session are doubtful.
“I’ve got so many bills piled up, I don’t think I can get to it,” Thompson said.
The Kansas Business Coalition for Immigration Reform, made up of more than two dozen business groups, urged lawmakers to kill the legislation backed by Kobach that would require all employers to register and use E-Verify to confirm worker eligibility to work here.
E-Verify is a U.S. Department of Homeland Security website that allows businesses to determine the eligibility of their employees to work in the United States. It is used by about 1.3 million employers nationally, according to federal data.
The business group said the bill was “flawed” and would be “harmful” to the business community by creating an “aggressive, invasive and costly system of employment verification on all Kansas businesses.”
“The Kansas business community can continue to prosper and there’s not going to be over government regulation and burdens on their hiring process,” said William Wilk, senior government affairs director for the Kansas Chamber of Commerce.
“This is a federal issue and it should be resolved by Congress,” Wilk said.
Kobach appeared before the Senate Federal and State Affairs Committee to testify for the bill, which was similar to one that he unsuccessfully tried to get the Legislature to pass when he was serving as the Kansas secretary of state.
Starting this July 1, the bill would have required every Kansas business that employs one or more workers to register and use E-Verify to confirm that all new employees are authorized to work in the United States.
A first violation would have required a judge to suspend all business licenses issued by the state or any local government for at least one day but not more than 30 days.
A second violation could have led to a license suspension of 30 days to a year, and a third violation could result in a permanent license suspension.
“Illegal immigration is a massive law enforcement problem in this country and it has been a massive law enforcement problem in this country for more than 30 years,” Kobach told the committee Thursday morning.
“This is really not just about law and order,” Kobach said. “It’s also about protecting lawful workers. Every time that somebody’s illegally in the country gets a job, that job is no longer available to someone who complied with our laws.”
A spokesperson for Kobach could not be reached for comment after Monday’s vote.
Opponents of the bill said that federal law already makes it illegal for any employer to knowingly hire someone who is not authorized to work in the United States.
They said federal law already requires employers to verify the employment eligibility of all new hires through an employment verification system commonly known as the I-9 form.
They noted that as recently as 2021 there were deficiencies found in the E-Verify system for confirming whether someone was authorized to work in the United States.
They also pointed out that President Donald Trump’s administration, which has emphasized controlling the southern border and deporting illegal immigrants, has not recommended imposing an E-Verify requirement on all employers.
“True, comprehensive immigration reform must come from a comprehensive package pushed by workforce needs and pathways legal work authorization,” Wilk told the committee on March 6.
“This bill represents a clear overreach of government into business operations and its implementation would have a profoundly negative and lasting impact on the business climate in Kansas,” he said.
