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E-Verify

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E-Verify is an Internet-based, free program run by the United States government that compares information from an employee's Employment Eligibility Verification Form I-9 to data from U.S. government records. If the information matches, that employee is eligible to work in the United States. If there's a mismatch, E-Verify alerts the employer and the employee is allowed to work while he or she resolves the problem; they must contact the appropriate agency to resolve the mismatch within eight federal government work days from the referral date.[1] The program is operated by the Department of Homeland Security (DHS) in partnership with Social Security Administration.

According to the DHS website, more than 238,000 employers now use E-Verify. Over 1,400 companies enroll in the program every week.[2]


History

The program was originally established in 1997 as the Basic Pilot Program along with two other programs created to prevent illegal aliens from getting jobs.[3] The others were discontinued.

Operations

All employers, by law, must complete Form I-9. E-Verify is closely linked to Form I-9, but participation in E-Verify is voluntary for most employers. After an employee is hired to work for pay, the employee and employer complete Form I-9. After an employee begins work for pay, the employer enters the information from Form I-9 into E-Verify. E-Verify then compares that information against millions of government records and returns a result.[4]

On August 31, 2007, the program began to include biometric data to help enhance searches. The 14 million images kept by federal immigration authorities are being used in the program, and the government is in talks with some states to cross reference with state drivers license records.[3][5][6]

About 5 percent of queries are identified as "not authorized to work".[7] A 2008 Center for Immigration Studies Backgrounder states that the E-Verify system is 99.5 percent accurate.[8]

Mandated use

Federal government

As of September 2007, most of the federal government did not use the system when hiring employees, but an Office of Management and Budget directive mandates that all federal government agencies sign up to use E-Verify by October 1, 2007.[9]

Social Security Administration failed to perform required verifications of the Social Security numbers of 19 percent of its own new hires during a 18-month period, according to a January 2010 report from the agency’s inspector general.[10]

Federal contractors

As of September 8, 2009, employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to use E-Verify to determine the employment eligibility of 1) Employees performing direct, substantial work under those federal contracts and 2) New hires organization wide-regardless of whether they are working on a federal contract. A federal contractor or subcontractor who has a contract with the FAR E-Verify clause also has the option to verify the company's entire workforce.[11]

OPT extension for students

In April 2008, U.S. government extended the duration of post-completion work authorization (the "Optional Practical Training" (OPT)) from 12 months to 29 months for certain qualifying students with completed U.S. degrees in Science, Technology, Engineering and Mathematics (STEM). In all circumstances, students are only eligible for this extension if their employer participates in the E-verify program. As of 2009, many employers do not participate in E-Verify. Students working for those employers are only given 12 months of OPT, even if they would otherwise qualify for the extension.

H-1B visa

An alternative temporary work authorization used to some college graduates sponsored by U.S. employers is the H-1B visa. This H-1B visa, however, is capped annually at 65,000 new petitions. In recent years, especially before the 2008-2009 recession, the demand would greatly exceed the quota, and the winners were selected by a lottery. The unpredictability of the lottery has made it difficult for businesses to hire foreign temporary professional workers. The OPT extension is often the only practical way to avoid the lottery. However, employers only qualify for the extension if they use E-verify for all new hires, including U.S. citizens.

State laws

In 2011, the Supreme Court of the U.S. struck down a lawsuit contending that Arizona's law, as a state law, was pre-empted by Federal law, effectively verifying that states may Constitutionally mandate the use of E-Verify. There are several state laws regarding the requirement and prohibition of E-Verify for employers.

Alabama

The state of Alabama passed a law mandating employers to use E-Verify on new hires.[12]

Arizona

The state of Arizona requires employers to participate in E-Verify: the Legal Arizona Workers Act has survived a number of constitutional challenges, up to and including the US Supreme Court[13] and is currently in effect. The Legal Arizona Workers Act requires all Arizona employers to use E-verify with all newly hired employees, effective January 1, 2008.[14] As of December 2008, 5.6 percent of Arizona businesses had signed up with E-verify.[14]

California

California currently has no statewide E-Verify law but the State legislature is pushing for a State law 2011[15] mandate.[16] However already some cities have adapted the federal program in several city ordidances such as Mission Viejo[17] (2007), Temecula[18][19] (ordinance 5.06.030) (2010), Murrieta[20][21][22] (ordinance Chapter 5.04) (2010), Riverside,[23] Santa Maria[24][25] (only for city employees), Lake Elsinore[26] (Ordinance No. 1279)[27] (2010), Wildomar[28] (only for contractors) (2010) and Lancaster[29] (Ordinance No. 934).

Cities considering E-Verify ordinances for businesses for 2011 are Costa Mesa,[30] San Luis Obispo, Santa Maria[31] (for all businesses) Santa Barbara, San Jose however Costa Mesa[32][33][34] is the only city that as adapted the same State law as Arizona's SB-1070 allowing the City to arrest under suspicion on no proper identification of resident status.

Colorado

Passed in 2006, H.B. 1343 requires prospective contractors use E-Verify to ensure legal work status of all employees. In 2008, S.B. 193 was passed requiring contractors with state contracts to use E-Verify. The effective date for SB 193 was August 6, 2008.[35]

Georgia

Georgia requires all public employers and government contractors to use E-Verify to verify the work authorization of their newly hired employees.[36]

Illinois

Section 12(a) of the Illinois Right to Privacy in the Workplace Act prohibits Illinois employers from using E-verify to verify the work authorization of their employees, due to the inaccuracy rate of E-verify. [37]The United States Department of Homeland Security sued to prevent the law from taking effect as scheduled on January 1, 2008.[38] On March 12, 2009, agreeing with the federal government, the U.S. District Court for the Central District of Illinois ruled that Illinois’ law is invalid under the Supremacy Clause to the U.S. Constitution because it conflicts with the federal Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). The case was United States v. Illinois, (No. 07-3261, C.D. Ill., 2009).[39]

Mississippi

The Mississippi Employment Protection Act requires all Mississippi employers to use E-Verify with new hires.[40][41] Mississippi employers with 250 or more employees must comply with the law as of July 1, 2008.[41] The law goes into effect for employers with 100 to 249 employees as of July 1, 2009.[41] Employers with 30 to 99 employees must comply by July 1, 2010.[41] The law is effective for employers with fewer than 30 employees on July 1, 2011.[41]

Rhode Island

In March 2008, Governor Carcieri issued an executive order requiring executive agencies to use E-Verify; and for all persons and businesses, including grantees, contractors and their subcontractors and vendors to use E-Verify. [42] Proposed legislation is pending.

In November 2010, Lincoln D. Chafee was elected governor with 36% of the vote and will rescind the E-Verify executive order on January 5, 2011.[43]

South Carolina

South Carolina has passed a law requiring public employers and public contractors employing more than 500 people to use the E-Verify database to electronically check and verify the employment eligibility of new employees, effective January 1, 2009.[44] Every public employer must register and participate in "federal work authorization program to verify the employment authorization of all new employees." See SC Code Section 8-14-20(A). Public employer must also require public contractors and subcontractors to agree to use e-verify or "to employ only workers who" possess or qualify to obtain a SC drivers license or identification card. See SC Code Section 8-14-20(B). The latter requirement applies as follows: "(1) on and after January 1, 2009, with respect to contractors, subcontractors, or sub-subcontractors of five hundred or more employees; (2) on and after July 1, 2009, with respect to contractors, subcontractors, or sub-subcontractors of one hundred or more employees but less than five hundred employees; and (3) on and after January 1, 2010, with respect to all other contractors, subcontractors, or sub-subcontractors." See SC Code Section 8-14-20(D).

SC Code Section 41-8-20(B) requires that "[o]n and after July 1, 2009, all private employers of one hundred or more employees who are required by federal law to complete and maintain federal employment eligibility verification forms or documents must ... (1) ... "participate in the E-Verify" [system] ... or "(2) employ only workers who, at the time of employment" have or qualify for a SC driver's license or identification card. SC Code Section 41-8-20(C) extends this requirement to private employers who employ less than one hundred employees on or after July 1, 2010.

Utah

The state of Utah has passed a E-Verify mandate[45] requires all private employers who employ more than 15 or more employees as of July 1, 2010, to use a “status verification system” to verify the employment eligibility of new employees.

Virginia

Virginia’s E-Verify law[46][47] requires only state agencies to enroll in the E-Verify Program by December 1, 2012 and thereafter begin using the system for all new hires. As originally passed by the House, the bill would have also included public contractors, localities, and employers with 15 or more employees. That version was ultimately pared down to its current form. The Senate also changed the effective date from December 1, 2010 to December 1, 2012.

Virginia Gov. Robert F. McDonnell said Monday he will move up by 18 months the deadline for state agencies to start checking the legal status of state employees.

The deadline for state agencies to start using the E-Verify system was to be the end of next year, but Mr. McDonnell said the program instead will begin on June 1.[48]

Criticism

The program has been called inaccurate, though the error rate, currently around 8 percent, is decreasing, as many of the errors came from changing last names after marriage, or not informing the government of changes in citizenship status.[5]

References

  1. ^ "Resolving a tentative nonverify". 2011-02-06. Retrieved 06 Jun 2010. {{cite web}}: Check date values in: |accessdate= (help)
  2. ^ "DHS - E-verify". 2009-04-19. Retrieved 05 May 2011. {{cite web}}: Check date values in: |accessdate= (help)
  3. ^ a b "U.S. Department of Homeland Security Fact Sheet". Department of Homeland Security. 2007-08-09. Retrieved 2 November 2007.
  4. ^ "U.S. Citizenship and Immigration Services Companion to Form I-9". 2010-04-12. Retrieved 5 May 2010.
  5. ^ a b Franklin, Stephen (2007-09-25). "Fighting the flood of phony IDs". Chicago Tribune. Retrieved 2 November 2007.
  6. ^ Casey, Winter (2007-08-10). "Administration announces border, immigration initiatives". National Journal's Technology Daily. Retrieved 2 November 2007.
  7. ^ Dinan, Stephen (2007-09-25). "U.S. pushes E-verify for hires". Washington Times. Retrieved 2 November 2007.
  8. ^ http://www.cis.org/Everify
  9. ^ "U.S. Citizenship and Immigration Services Statement for the Record: E-Verify". 2008-05-20. Retrieved 5 May 2010.
  10. ^ "SSA fails to E-Verify 19 percent of new hires, IG says". 2010-01-11. Retrieved 05 May 2010. {{cite web}}: Check date values in: |accessdate= (help)
  11. ^ "U.S. Citizenship and Immigration Services E-Verify Fact Sheet". 2009-12-18. Retrieved 26 December 2009.
  12. ^ [1]
  13. ^ Mears, Bill (25 May 2011). "High court backs Arizona immigration law that punishes businesses". CNN. Retrieved 26 May 2011.
  14. ^ a b McCombs, Brady (December 11, 2008). "State's employer sanctions law goes mostly unused". Arizona Daily Star.
  15. ^ http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0001-0050/ab_26_bill_20101206_introduced.html
  16. ^ http://www.lexisnexis.com/COMMUNITY/EMERGINGISSUES/blogs/focusonimmigration/archive/2011/01/19/the-crackdown-on-employment-of-illegal-immigrants-spreads-to-california.aspx
  17. ^ http://www.clientconnexions.com/Default.aspx?tabid=754
  18. ^ http://www.qcode.us/codes/temecula/
  19. ^ http://www.pe.com/localnews/inland/stories/PE_News_Local_D_sverify14.24cb0dd.html
  20. ^ http://www3.murrieta.org/ccar/2010/122110/Reports/SR%20C4%20Ordinance%20E-Verify.pdf
  21. ^ http://murrieta.patch.com/articles/murrietas-e-verify-ordinance-makes-national-headlines
  22. ^ Lovett, Ian (January 4, 2011). "Patch of California Cracks Down on Illegal Immigration". The New York Times.
  23. ^ https://cityjobs.riversideca.gov/hr/
  24. ^ http://www.ci.santa-maria.ca.us/newsreleases/20100409a.pdf
  25. ^ http://www.ci.santa-maria.ca.us/minutes/CityCouncil-20100406rm.pdf
  26. ^ http://www.lake-elsinore.org/index.aspx?page=356
  27. ^ http://www.codepublishing.com/CA/lakeelsinore/
  28. ^ http://www.nctimes.com/news/local/wildomar/article_4034ecea-5f0d-575b-9ee6-ea37758dc8d1.html
  29. ^ http://www.cityoflancasterca.org/index.aspx?page=140
  30. ^ http://articles.dailypilot.com/2010-09-13/news/tn-dpt-0914-everify-20100913_1_e-verify-immigration-status-illegal-immigration
  31. ^ http://www.santamariatimes.com/news/local/govt-and-politics/elections/candidate_bio/santa_maria_city_council/article_90d95a26-a70f-11df-aef9-001cc4c03286.html
  32. ^ http://articles.ocregister.com/2010-05-18/crime/24637080_1_illegal-immigration-mayor-allan-mansoor-immigration-debate
  33. ^ "Calif. City Takes Stand Against Illegal Immigration as Ariz. Boycott Battle Rages". Fox News. May 20, 2010.
  34. ^ "L.A. Now". Los Angeles Times.
  35. ^ "States Pass E-Verify Laws". Retrieved Dec 26, 2009. [dead link‍]
  36. ^ Pickel, Mary Lou (March 19, 2008). "Ga. employers use system to deter illegal workers". The Atlanta Journal-Constitution.
  37. ^ Marks, Alexandra (July 7, 2008). "With E-Verify, too many errors to expand its use?". Christian Science Monitor.
  38. ^ "Notice for Illinois Employers about E-Verify". United States Department of Homeland Security. October 6, 2008.
  39. ^ "E-Verify again an eligibility verification option for Illinois employers". Retrieved Dec 26, 2009.
  40. ^ "Mississippi Requires Use of E-Verify by Employers". Business & Legal Reports, Inc. March 25, 2008.
  41. ^ a b c d e "Mississippi Employment Protection Act (Senate Bill 2988)". Mississippi Senate. 2008.
  42. ^ "State of Rhode Island Division of Purchase - E-Verify Information". Retrieved Dec 26, 2009.
  43. ^ "Chafee says marriage equality, rescinding E-Verify important to economic growth". Retrieved Jan. 4, 2011. {{cite web}}: Check date values in: |accessdate= (help)
  44. ^ Jackson, Vince (Jan 25, 2009). "E-Verify system works, Pickens County officials say". Retrieved 26 December 2009.
  45. ^ http://le.utah.gov/~2010/htmdoc/sbillhtm/sb0251s01.htm
  46. ^ http://leg1.state.va.us/cgi-bin/legp504.exe?101+sum+HB737
  47. ^ http://www.numbersusa.com/content/news/march-11-2010/virginia-legislature-passes-e-verify-bill.html
  48. ^ Cunningham, Paige (21 March 2011). "Virginia to advance date for E-Verify to June 1". The Washington Times. Retrieved 26 May 2011.
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