E-Verify, initially a pilot program, is a federal system that allows businesses to check the legal work status of their new hires by electronically matching information from Form I-9 (Employment Eligibility Verification) against records available to the Social Security Administration (SSA) and the Department of Homeland Security (DHS).
**Permanent Establishment and Requirements**
Under Sec. 2 of the proposed Act, the E-Verify system will be permanently entrenched in the U.S. employment landscape. Within three business days of hiring, employers must use the system to confirm whether an individual is authorized to work in the U.S. The system will offer immediate confirmation or a tentative nonconfirmation, initiating a secondary review if required.
Should nonconfirmation arise, employers and prospective employees could be expecting up to 10 business days, or more with possible extensions, for a final determination. The design and operation of E-Verify is built to maximize reliability and security, safeguarding personal data against misuse or unauthorized disclosure. E-Verify promises to minimize discriminatory practices while aiming to prevent identity theft during the verification process.
**The Implementation Timeline**
The timeline for implementation (Sec. 3) spans a staged roll-out extending up to 18 months post-enactment of the Act. Larger employers (those with 10,000 or more employees) will be required to utilize E-Verify six months into the legislation, while smaller businesses (fewer than 20 employees) have until 18 months post-enactment.
Special accommodations are made for employees in agricultural labor and critical infrastructure sectors, with required verification dates set at varying phases to ensure a smooth transition.
**A Stickler for Penalty and Compliance**
Sec. 4 and Sec. 5 ramp up the consequences for non-compliance or fraudulent use of E-Verify. Failure to use E-Verify or providing knowingly false information will be treated as violations under existing U.S. law (Immigration and Nationality Act). Enhanced fines escalate steeply, from $2,500 per unauthorized employment offense to a significant $25,000 for repeated violations, emphasizing the Act’s zero-tolerance approach to unauthorized employment.
**Self-Check and Fraud Prevention**
Interestingly, the Act seeks to put power in the hands of individuals (Sec. 6) with an E-Verify self-check facility. This provision allows people to verify their own employment eligibility status, creating a more transparent and proactive way for individuals to resolve discrepancies before they dispute a prospective employer’s findings.
Further aiming to limit identity fraud, Sec. 12 mandates mechanisms for individuals to block or suspend their Social Security numbers (SSNs) from being misused in E-Verify. This would also allow parents or guardians to protect minors’ SSNs.
**Funding and Reporting**
Sec. 2(d) details the funding blueprint, which hinges on both transferred and appropriated funds amounting to $100 million each annually. Specifically, these funds will be sourced from the U.S. Treasury’s unobligated reserves, emphasizing the federal impetus to maintain this system.
To maintain transparency and accountability, Sec. 2(e) outlines a series of reporting requirements. The President is tasked with submitting detailed reports on E-Verify’s implementation, including annual updates to Congress.
**State and Federal Synergy**
The Act (Sec. 10) presses on the need for intergovernmental cooperation. Highlighting the importance of shared data, it requires state departments of motor vehicles and other entities to provide critical information to streamline the E-Verify process.
States refusing to cooperate face penalties tied to economic development and community development block grants (Sec. 10(d)(3)). Thus, promoting a tighter collaboration between state and federal systems to prevent identity misuse and fraudulent employment eligibility claims.
**What Lies Ahead?**
For now, the bill waits in the Senate’s Judiciary Committee for further deliberation. Should it pass this hurdle, it will continue its journey through the legislative process, offering a significant overhaul to employment verification in the U.S.
While the Mandatory E-Verify Act of 2024 undoubtedly presents clear directives and firm penalization for non-compliance, it also embeds thoughtful provisions against fraud and misuse, thereby trying to usurp the labyrinthine issues of unauthorized employment with a blend of technological and regulatory measures.
In a nation grappling with illegal employment and identity fraud, the passage and proper implementation of this proposed legislation could mark a pivotal move towards a more secure and legally compliant workforce, bridging the gap between opportunity and legality in the American employment panorama.
