Testimony on House Bill 246, E-Verify in Construction — Kristen Ziccarelli, America First Policy Institute

Summary

Testimony of Kristen Ziccarelli, Senior Policy Analyst for Homeland Security and Immigration at the America First Policy Institute (AFPI), before the Ohio House of Representatives House Commerce and Labor Committee on House Bill 246, dated May 14, 2025. The testimony states strong support for the bill as a measure to mandate E-Verify in Ohio's non-residential construction industry. It states that House Bill 246 fines violators up to $25,000 per violation, potentially also costing them license revocations and two-year bans from state contracts. It also says the bill exempts residential and agricultural sectors, and cites DHS data that E-Verify is 99% accurate.

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“Testimony on House Bill 246, E-Verify in Construction — Kristen Ziccarelli, America First Policy Institute.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-05-14-commerce-labor-testimony-testimony-7494-9979b3c666/, SHA-256 f0f73272ee5cd1063d4f7e4d4da80467aae55639ab932bc7f56d39b207943f79.

Full text

TESTIMONY

Require certain construction
industry employers to use
E-Verify
House Bill 246
May 14, 2025

TESTIMONY BEFORE

OHIO HOUSE OF REPRESENTATIVES
House Commerce and Labor Committee

TESTIMONY BY

Kristen Ziccarelli
SENIOR POLICY ANALYST FOR HOMELAND SECURITY & IMMIGRATION
AMERICA FIRST POLICY INSTITUTE

INFO@AMERICAFIRSTPOLICY.COM | AMERICAFIRSTPOLICY.COM
1455 PENNSYLVANIA AVENUE NW, SUITE 225, WASHINGTON, DC 20004
T E S T I M O N Y | AFPI HOMELAND SECURITY & IMMIGRATION MAY 14, 2025

Chairman Johnson, Vice Chair Lear, Ranking Member McNally, and Members of the House
Commerce and Labor Committee,

My name is Kristen Ziccarelli, and I am a Senior Policy Analyst for Homeland Security and
Immigration at the America First Policy Institute (AFPI). At AFPI, I lead efforts to advance
immigration reforms that safeguard our nation’s workers, borders, and future.

It is my privilege to testify in strong support of House Bill 246, a necessary measure to mandate
E-Verify in Ohio’s non-residential construction industry. This bill is consistent with the America
First agenda by putting American workers first and upholding the rule of law to protect Ohio’s
communities. As I have stated in past work supporting E-Verify, the ability to obtain a job in the
U.S. is one of the primary drivers of illegal immigration. Millions of illegal aliens currently work
in the U.S. unlawfully because the existing paper-based Form I-9 verification process is easy to
exploit, and human resources personnel are not experts in forged documents. As a result, the
wages and job opportunities for many Americans are harmed. Additionally, states are deprived
of revenue from the undeclared income paid to illegal aliens. The construction industry is
notorious for having a higher percentage of workers without legal working status – reportedly
about 23%. This commonsense policy solution is to mandate the use of E-Verify, a free web-
based system that allows hirers to confirm the eligibility of their employees to work in the U.S.
States.

H.B. 246 would incorporate this solution into Ohio’s nonresidential construction industry—a
backbone of our state’s infrastructure. AFPI wholeheartedly supports H.B. 246 for the following
reasons:

1. It Prioritizes American Workers: Every job taken by an illegal alien is a job taken from
a hardworking Ohioan. The employment of illegal aliens’ siphons resources from Ohio’s
economy, which drains tax revenues and weakens local communities. Millions of illegal
aliens currently work in the U.S. because the existing paper-based Form I9 verification
process is easy to exploit, and human resources personnel are not experts in detecting
forged documents. By mandating E-Verify for the construction industry, H.B. 246
ensures that American citizens and legal residents are the only ones with access to well-
paying jobs. DHS data indicates that E-Verify is 99% accurate, and employers who use
E-Verify are not punished if the system fails to identify an unauthorized worker. For
honest businesses, this should be nothing short of a desirable program to implement.
Additionally, fewer illegal aliens in the labor market will present Americans will new
employment opportunities, and wages in certain job categories will likely rise.

2. It Upholds the Rule of Law: In the U.S., no employer should be above the law. The
Federal Immigration Reform and Control Act of 1986 prohibits hiring unauthorized
aliens, yet lax enforcement has allowed this problem to persist. H.B. 246 fines violators
up to $25,000 per violation, potentially also costing them license revocations
and two-year bans from state contracts. Without consequences and deterrence

AMERICA FIRST POLICY INSTITUTE
2
T E S T I M O N Y | AFPI HOMELAND SECURITY & IMMIGRATION MAY 14, 2025

for violating the law, American citizens will continue to be put last by employers who
chose to exploit unauthorized labor.

3. It Deters Illegal Migration: As stated in previous AFPI work, the largest pull factor for
illegal aliens is the ability to make money in the U.S. Mandatory use of E-Verify
significantly reduces the ability of illegal aliens to work legally, and over time, this action
will help reduce the pull factor of employment for those who enter the country
unlawfully.

4. Smart and Targeted Policy: H.B. 246 focuses on nonresidential construction, a critical
industry where unauthorized labor has been a persistent issue, while exempting
residential and agricultural sectors to avoid overburdening small businesses. Exemptions
for previously verified employees and technical errors ensure fairness, making this bill a
practical, America First solution that balances enforcement with efficiency. It also aligns
with the winning America First Agenda that states must drive the reforms to protect their
citizens. Knowing that American citizens want their elected leaders to ensure authorized
employment, businesses should focus on publicizing their high standards of authorization
and make their honesty known to the American public.

H.B. 246 is a pro-American, pro-worker bill, ensuring that we keep a legal workforce and
upholding the rule of law. This is an easy and common-sense policy solution that Ohio can lead
the nation on in putting American workers first.

On behalf of the America First Policy Institute, I urge the committee to support H.B. 246. Thank
you for your leadership and consideration.

AMERICA FIRST POLICY INSTITUTE
3

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