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Rand Paul's beef with immigration reform bill: the E-Verify system

A photo-based E-Verify system for checking workers' legal status – a key part of the Senate immigration reform bill – does not mesh well with the libertarian leanings of Sen. Rand Paul (R). His worry: a 'national ID.'

Senator Rand Paul (R) of Kentucky speaks during a Senate homeland security and governmental affairs investigations subcommittee hearing on Capitol Hill in Washington, Tuesday. Rand Paul has said on several occasions that he wants a Senate immigration reform bill to pass, but he has erected two tall hurdles the bill must clear to gain his approval.

Jason Reed/Reuters

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The Senate immigration reform bill will have a prominent challenger when it comes up for a final vote in June: Sen. Rand Paul (R) of Kentucky.

Senator Paul has said on several occasions that he wants a reform bill to pass. Even so, he has erected two tall hurdles the immigration bill must clear to gain his approval. One, he wants Congress to certify that the southern border is secure for several consecutive years before the estimated 11 million people living illegally in the US can begin becoming permanent residents.

And on Friday, he laid out a second requirement: nix the worker verification system known as E-Verify, the very one that conservatives have for a decade said is a linchpin of any immigration reform.

“Many see measures contained in this bill, such as a strong E-Verify and a ‘photo tool,’ as a means to control unlawful immigrants’ access to unlawful employment. I worry that they go too far,” Paul wrote in the Washington Times. “I will fight to remove the photo tool from this legislation because I think it will become a national ID.”

Here's what Paul is referring to: The Senate immigration bill contains language that would, over the next five years, expand the nation’s current photo database system to include all Americans, not just foreigners and US passport holders. Employers would use photos in the database to help validate an employee’s identity. Currently, the system does not use photographs for identification and is rife with identity theft, as illegal workers use stolen Social Security numbers or forged documents to gain employment.

Many dislike Paul's idea. Removing the photo verification process would undercut immigration laws at the very place where, according to many experts, they are best enforced: at the workplace. Turn off the ability to get jobs, their argument goes, and people will have much less incentive to enter the US illegally.

“Without the photo tool, all you’re checking is the name and Social Security number of somebody. It does nothing to stop identity theft,” says Charles Kuck, a Georgia immigration lawyer and the former head of the American Immigration Lawyers Association. “It takes the complete ability to actually enforce the law out of the process."


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