Whatever Happened With E-Verify?
Whatever Happened With E-Verify?
Whatever Happened With E-Verify?
With the U.S. juggling an economic crisis, military actions abroad, and healthcare reform, immigration issues have taken a back seat for the last year or so. This means e-Verify legislation, long a center of discussion and controversy, has not been receiving as much attention lately. However, as employment and immigration begin to take center stage in the national discourse again, worker authorization verification will once again be a hot topic.
Employers and HR professionals should pay close attention to the news on e-Verify. Use of the program is still technically voluntary for most private businesses. However, it is becoming a de-facto necessity for companies that wish to protect themselves from compliance risks. ICE best practices place e-Verify in a pivotal role and make it clear that employers who do not use this free, web-based verification system will be considered lax in their adherence to immigration law.
Here is an overview of recent legislation and other pertinent news surrounding e-Verify:
September, 2009: The mandated use of e-Verify for contractors doing business with the federal government goes into effect. Over 165,000 businesses are impacted.
October, 2009: Congress agrees to fund e-Verify for 3 more years to the tune of $43 billion total. Funds will be used to ensure federal contractors comply with the new rules and (hopefully) fix some of the shortcomings that still plague the system. The current error rate of 3-4% and the failure to address worker identity fraud are top concerns.
December, 2009: The Westat report is completed (with results released to the public in early 2010). It shows a startling 54% error rate for authorizing workers who should have been flagged in the system for further investigation. The report does point out that the number of unauthorized workers slipping through the cracks constituted only 3.3% of the total population reviewed in the study.
March, 2010: USCIS and the DHS join forces to help curtail misuse and discrimination by employers who use e-Verify incorrectly. This includes the creation of new training materials for employers and a hotline for employees who have questions about their rights relating to e-Verify.
April, 2010: At this time, 21 states have either implemented legislation or have legislation pending regarding the use of e-Verify. These constitute a mish-mash of rules and regulations for public and private employers as well as state contractors. Some states, such as Arizona, require all employers to use the system. In contrast, Illinois is strongly resisting the use of e-Verify. The constitutionality of some of these laws is expected to be reviewed by the Supreme Court.
Current: The USCIS plans to enhance e-Verify and reduce fraud by adding photos from U.S. passports to the photo tool database. The system will probably begin to incorporate state DL information at some point in the future. Biometric data may also be used for verification if the technology and implementation can be worked out. Some of the funding designated in October may be used to support these initiatives.
Should Employers Be Using e-Verify Voluntarily?
Over 192,000 employers use the e-Verify system currently. This online system can streamline I9 verification significantly for organizations of all sizes. Employers who use it correctly experience a greatly decreased risk of fines and penalties in the event of an ICE audit.
Access to the program is free of charge; but training is required to ensure an employer's Form I9 administrator and HR staff members follow federal guidelines for use. For example, e-Verify must be used only after an employee is hired. All tentative non-confirmations of eligibility status must be investigated and confirmed before any negative action is taken against an employee who is flagged in the system. The e-Verify program is simplest for Human Resources to use appropriately when it is interfaced with new hire onboarding software such as the Universal Onboarding solution with the I9 management option.
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