FOR IMMEDIATE RELEASE

May 1, 2025

Press Contact: Mus Lamia | mlamia@council.nyc.gov, (646) 353-4549

Legislation would create a clear order of operations in the hiring process to shield workers from employment verification misuse

New York, NY | On May Day, New York City Council Member Shahana Hanif introduced Intro. 1272, the Protecting Employees from Misuse, Discrimination, and Surveillance Act (PEMDAS Act), which would ensure employment verification systems are not used as tools of discrimination or intimidation against workers.

E-Verify is the Department of Homeland Security’s tool that New York employers can use to confirm the work authorization status of employees. E-Verify has posed problems for many authorized workers, especially those with hyphenated names or those who have changed their names. Last year, at least 72,121 authorized workers nationwide were wrongly flagged by E-Verify due to bureaucratic errors, causing workers to suffer lost weeks of employment or lose job opportunities altogether. 

Some employers use E-Verify to screen prospective employees prior to an offer of hire, which wrongly excludes authorized workers from the hiring pool. Additionally, some bad-faith employers also use the threat of an E-Verify check to pressure their existing workers to accept subpar conditions. 

The PEMDAS Act would address these issues by prohibiting employers from using E-Verify outside the context of a worker being newly hired or other federally mandated circumstances. Employers would be prohibited from using E-Verify to pre-screen prospective employees who have not been offered a position or to check the immigration status of current employees. 

Council Member Hanif’s bill would also require employers to post a notice of their enrollment in the E-Verify system in an area that is visible to both prospective and current employees. Employers would additionally be required to issue a tentative nonconfirmation notice to employees if they are not found within the E-Verify system. Any violations of this proposed legislation would result in a civil penalty of $10,000. 

Council Members Pierina Sanchez, Tiffany Cabán, Christopher Marte, Jennifer Gutiérrez, Sandy Nurse, and Carmen De La Rosa joined Council Member Hanif in introducing the bill. The legislation is supported by leading labor and immigrant rights groups, including the National Employment Law Project (NELP), Worker’s Justice Project (WJP), Make the Road New York, and La Colmena.

This bill’s introduction follows California and Illinois passing similar laws and New York State Senator Jessica Ramos and Assembly Member Karines Reyes introducing related legislation at the state level (S3956/A3584). In contrast, Republicans nationwide are seeking to expand E-Verify use to exclude immigrant workers from the workforce.

“This May Day, we’re introducing the PEMDAS Act to establish a clear order of operations in the hiring process and protect against workforce discrimination and intimidation,” said Council Member Shahana Hanif. “For too long, E-Verify misuse has robbed qualified applicants of employment opportunities and allowed existing workers to be exploited. Just like in math class, we can solve these complex problems with PEMDAS. If this bill passes, employers will only be able to use E-Verify upon hiring a worker, not before or after.

“New York City will always fight back against federal overreach. The PEMDAS Act is a necessary step to Trump-proof our city against the misuse of tools like E-Verify to intimidate immigrant workers and divide our communities,” said Comptroller Brad Lander. “No one deserves to be swept up in Trump’s mass deportation dragnet because of a glitch in a system or a bad-faith employer, and I’m proud to stand with Council Member Hanif and workers advocates this May Day to make sure this gets passed.”

“At a time when our economy, our communities, and our rights are being threatened, this May Day is even more significant,” said Public Advocate Jumaane D. Williams. “Council Member Hanif’s PEMDAS Act is part of this long tradition and aimed at one of the biggest obstacles to New Yorkers who are looking to provide for themselves and their families. The E-Verify system is rife with bureaucratic issues, and this bill ensures that E-Verify can only be used when it is actually necessary, not as a weapon for exploitation. I commend Council Member Hanif for spearheading this effort, and will join my colleagues in keeping the values of May Day and the labor movement alive.”

“In a difficult economy, working families are struggling, and employment barriers make things even harder. E-Verify in particular has been misused by employers while adding more layers and fear for New Yorkers seeking employment,” said Council Member Carmen De La Rosa, Chair of the Committee on Civil Service and Labor. “We’re using this pivotal May Day to improve worker protections and increase employer accountability through Council Member Hanif’s PEMDAS Act. 

“The use of E-Verify sometimes comes at the cost of thousands of qualified workers’ ability to gain gainful employment, a loss of job opportunities, and weeks of pay,” said Council Member Sandy Nurse. “As the system currently stands, bad actor employers can utilize it to strong-arm employees into accepting unfair workplace conditions. The math just isn’t mathing. Which is why this May Day, I’m proud to be supporting Council Member Hanif’s PEMDAS Act to shield workers from undue bias as a result of employment verification system use in their pursuit of gainful employment.”

“Council Member Hanif continues to produce smart, enforceable legislation that makes it clear that New York City will not tolerate any weaponization against immigrant New Yorkers,” said Council Member Jennifer Gutiérrez. “E-Verify was never intended to be a pre-screening tool — and using it that way creates a chilling effect on immigrant workers, fuels discrimination, and undermines trust. By restricting its misuse, we’re standing up for the dignity of work and protecting every New Yorker’s right to be judged by their qualifications, not their perceived status.”

“At a time when the Trump administration is using brutal tactics against immigrant workers and targeting immigrant communities, this bill is a critical safeguard”, said Council Member Tiffany Cabán. “It protects workers from discrimination by limiting the misuse of employment verification systems like E-Verify. Our city must stand against fear-based policies and ensure every worker feels safe at work and enjoys the justice and fairness they deserve.”

“The misuse of E-Verify has allowed some employers to discriminate, intimidate, and retaliate against immigrant and low-wage workers—undermining both labor standards and human dignity,” said Council Member Christopher Marte. “The PEMDAS Act is a critical step toward restoring fairness in the hiring process and protecting the rights of all New Yorkers, regardless of their background. I’m proud to join Council Member Hanif in introducing this bill on May Day, and to stand with workers across our city who are demanding transparency, respect, and justice in the workplace.”

“Regardless of immigration status, all workers have the right to dignity, safety, and fair treatment on the job. The PEMDAS Act is a crucial step in creating safeguards for working New Yorkers that will prevent unscrupulous employers from abusing E-Verify to discriminate or retaliate against workers who assert their rights,”  said Marisa Díaz, Director of the Immigrant Worker Justice Program at the National Employment Law Project.

“If passed, this measure will benefit immigrant and non-immigrant workers alike, along with employers who do not abuse the E-Verify system to drive down labor standards. The National Employment Law Project congratulates Council Member Shahana Hanif for her leadership in standing with immigrant New Yorkers amidst the threats and uncertainty they are facing in the current environment.” 

“Without proper guardrails, E-Verify poses a serious threat to immigrant and low-wage workers, wrongly flagging authorized workers and opening the door to discrimination, retaliation, and exploitation,” said Ligia Guallpa, Executive Director of the Worker’s Justice Project. “The PEMDAS Act is a critical step toward protecting workers from unjust screenings and coercion in the workplace. It sends a clear message that New York City will not tolerate the misuse of federal immigration tools to intimidate workers or undermine their rights. On this International Workers’ Day, we’re grateful to Council Member Hanif and her colleagues for standing with immigrant workers and taking bold action to ensure fairer hiring practices and safer workplaces for all.”

“Immigrant workers have the right to receive a day’s wage for a day’s work. We see, all too often, unscrupulous employers steal the wages of immigrant workers. When these workers demand their wages, an employer will often retaliate against the worker into silence or quitting, by inquiring or threatening the worker about their immigration status  We welcome Councilmember Hanif’s efforts to limit an employer’s ability to use E-Verify as a means to retaliate against workers for exercising their rights in the workplace,” said Cristobal Gutierrez, Workplace Justice Project Lead Attorney, Make the Road New York. 

“This bill is a vital step toward protecting working-class communities from discriminatory and premature use of the E-Verify system,” said Arlette Cepeda, Deputy Director of La Colmena. “By ensuring that employers cannot check work authorization status before a job offer is made—except where federally required—we are safeguarding the dignity and rights of all job seekers. Requiring transparency through visible notices and fair procedures also helps build trust and accountability in the hiring process. This is about fairness, due process, and standing up for our communities.”

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About Council Member Shahana Hanif: Council Member Shahana Hanif represents Brooklyn’s 39th District and is Co-Chair of the New York City Council’s Progressive Caucus and the Council’s Task Force to Combat Hate. Born and raised in the 39th District to Bangladeshi immigrant parents, Council Member Hanif has dedicated her career to advocating for working-class families and advancing a city built on care, equity, and safety. Since her election in 2021, Council Member Hanif has passed significant legislation, including Local Law 85 (2023), which mandates universal residential composting; Local Laws 75 and 76 (2022), which protect and expand abortion rights in NYC; and Local Law 161 (2023), which created a pioneering Workers Bill of Rights. Council Member Hanif is the first Muslim woman ever elected to the New York City Council and the first woman to represent the 39th District in the New York City Council.