State Legislators for Legal Immigration Voices Public Opposition to Congressman Lamar Smith’s Attack on States’ Rights

State Legislators for Legal Immigration (SLLI), founded by Pennsylvania State Representative Daryl Metcalfe, has announced its opposition to Congressman Lamar Smith’s (R-Texas) recently introduced H.R. 2164, titled the Legal Workforce Act, which would ironically halt state legislative efforts to mandate the use of E-Verify by employers.


The legislation, endorsed by the pro-amnesty U.S. Chamber of Commerce, would create a facade of cracking down on illegal alien employment by enacting a federal requirement for some businesses to use the E-Verify system, while at the same time outlawing the efforts of state legislators to require employers to use E-Verify. The legislation also contains loopholes for some employees, such as workers performing agricultural and labor services.


SLLI believes ending the illegal alien invasion will only be realized through the cooperative efforts of federal, state and local governments. As drafted, this legislation would once again put Americans at the mercy of federal administrations choosing whether or not they would enforce the law to protect American citizens from the illegal alien invaders who are stealing jobs. Moreover, the legislation is a violation of states’ rights, as embodied in the 10th Amendment of the U.S. Constitution.


“SLLI supports the mandated use of E-Verify for all employers across the United States, but this legislation is a fraudulent attempt to undermine state legislators, who are actually enacting and enforcing laws to end the illegal alien invasion,” Metcalfe said. “It should alert and outrage Americans that this legislation is fully supported by the pro-amnesty U.S. Chamber of Commerce, who has and will continue to work against our efforts to protect American lives, liberty and property.”


If passed, the legislation will have the following implications:


  • Only requires employers to screen new hires, thus creating a “workplace amnesty” for illegal aliens   already employed in the United States.
  • Grants an exemption to agricultural workers and seasonal agricultural workers if they remain with the same employer.
  • Shifting enforcement of E-Verify solely to the federal government, allowing the measure to become another law that the federal government will inevitably fail to aggressively enforce.
  • Preempts state lawmakers from passing and enforcing their own E-Verify measures to cover the loopholes established by H.R. 2164. 

H.R. 2164 also threatens to nullify substantial portions of Arizona’s E-Verify law, the Legal Arizona Workers Act, which was recently upheld by the U.S. Supreme Court, and parts of Indiana and Alabama’s recently enacted laws.


“America already has plenty of laws against hiring illegal aliens that the federal government refuses to enforce,” says Arizona State Senate President Russell Pearce. “There is virtually no chance that Barack Obama will enforce Congressman Smith’s legislation any more than he has enforced any of our other immigration laws.”


Formed to demand full cooperation among federal, state and local governments to eliminate all economic attractions and incentives that continue to lure illegal aliens across America’s unsecured borders, lawmakers from 41 state legislatures, or more than 80 percent of the nation, have now signed on as members of SLLI.   For the latest updates, visit


State Representative Daryl Metcalfe

12th District, Pennsylvania House of Representatives

Contact: Ty McCauslin