![E-Verify logo](https://upload.wikimedia.org/wikipedia/commons/e/ed/E-Verify_logo.svg)
E-Verify is a United States
Department of Homeland Security
The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior or home ministries of other countries. Its stated missions involve anti-terr ...
(DHS) website that allows businesses to determine the eligibility of their employees, both U.S. and foreign citizens, to work in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
.
No federal law mandates use of E-Verify.
E-Verify was originally established in 1996 as the Basic Pilot Program to prevent undocumented workers and other people who have violated immigration laws from obtaining employment illegally in the United States. In August 2007, DHS started requiring all federal contractors and vendors to use E-Verify. The Internet-based program is free and maintained by the
United States government
The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a fede ...
. Use of E-Verify at the state level varies; some states have mandated use of E-Verify or similar programs, while others have discouraged the program.
E-Verify 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 is a mismatch, E-Verify alerts the employer and the employee is allowed to work while resolving the problem. Employees must contact the appropriate agency to resolve the mismatch within eight federal government work days from the referral date. The program is operated by the DHS in partnership with the
Social Security Administration
The United States Social Security Administration (SSA) is an Independent agencies of the United States government, independent agency of the Federal government of the United States, U.S. federal government that administers Social Security (United ...
. According to the DHS website, more than 700,000 employers used E-Verify as of 2018.
Research shows that E-Verify harms the labor market outcomes of illegal immigrants and improves the labor market outcomes of Mexican legal immigrants and U.S.-born Hispanics, but has no impact on labor market outcomes for non-Hispanic white Americans.
[ A 2016 study suggests that E-Verify reduces the number of illegal immigrants in states that have mandated use of E-Verify for all employers, and further notes that the program may deter illegal immigration to the United States in general.][
]
History
The program was originally established in 1997 as the Basic Pilot Program along with two other programs created to prevent undocumented immigrants from getting jobs. The others were discontinued. In the two years since Immigration and Customs Enforcement
The U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the U.S. Department of Homeland Security. ICE's stated mission is to protect the United States from the cross-border crime and illegal immigration tha ...
(ICE) finalized the regulations for electronically storing and/or generating I-9 records there has also been a steady increase in the number of administrative I-9 audits – where employers are asked to deliver their I-9 records to ICE within 72 hours for inspection. The United States Citizenship and Immigration Services
U.S. Citizenship and Immigration Services (USCIS) is an agency of the United States Department of Homeland Security (DHS) that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalizati ...
(USCIS) Verification Division reported that over 16,000 E-Verify compliance letters were issued in Fiscal Year 2010. Another 13,000 letters and over 26,000 emails were sent to employers in Fiscal Year 2011. Additionally, another 23,000 e-mails were sent in the first half of Fiscal Year 2012, alone.
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.
On 31 August 2007, the program began to include facial
A facial is a family of skin care treatments for the face, including steam, exfoliation (physical and chemical), extraction, creams, lotions, facial masks, peels, and massage. They are normally performed in beauty salons, but are also a com ...
image 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.
During the United States federal government shutdown of 2013
From October 1 to October 17, 2013, the United States federal government entered a shutdown and curtailed most routine operations because neither legislation appropriating funds for fiscal year 2014 nor a continuing resolution for the interim ...
, E-Verify was anticipated to "be inaccessible for the duration of the shutdown." Also, "the 'three-day rule' for processing employment eligibility queries in E-Verify is indefinitely suspended pending a resolution of 2013 funding impasse."
Impact
A 2015 study found that E-Verify reduced the average earnings of undocumented immigrants, improved labor market outcomes for male Mexican immigrants and U.S.-born Hispanic men, and had no impact on U.S.-born non-Hispanic whites. A 2016 study found that E-Verify "reduces the number of less-educated prime-age immigrants from Mexico and Central America—immigrants who are likely to be unauthorized—living in a state. We find evidence that some new migrants are diverted to other states, but also suggestive evidence that some already-present migrants leave the country entirely." A 2019 analysis by the Cato Institute
The Cato Institute is an American libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Ed Crane, Murray Rothbard, and Charles Koch, chairman of the board and chief executive officer of Koch Industries.Koch Indust ...
found that while E-Verify used to be effective at spotting illegal immigrants, it was no longer so. The analysis estimated that the system only spotted the hiring of 16.1 percent of illegal immigrant workers in the fiscal year of 2018.
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 1 October 2007.
Social Security Administration failed to perform required verifications of the Social Security numbers of 19 percent of its own new hires during an 18-month period, according to a January 2010 report from the agency's inspector general.
Federal contractors
As of 8 September 2009, employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation
The Federal Acquisition Regulation (FAR) is the principal set of rules regarding Government procurement in the United States,. and is codified at Chapter 1 of Title 48 of the Code of Federal Regulations, . It covers many of the contracts issued by ...
(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.
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 an additional 24 months, for a total of 36 months of work authorization between the various OPT authorizations granted by USCIS, 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. If an employer does not participate in E-Verify, students working for those employers are only given 12 months of OPT, and can not get the 24-month extension even if they would otherwise qualify for the extension.
State laws
There are a number of state laws requiring or limiting the use of E-Verify for employers. According to a 2012 survey by the Center for Immigration Studies, 16 states require use of E-Verify in some form. The survey found that six states have laws requiring all or nearly all businesses to use E-Verify to determine employment eligibility: Arizona, Mississippi, South Carolina, Alabama, Georgia, and North Carolina. Five states require use of E-Verify by public employers and all or most public contractors: Indiana, Nebraska, Oklahoma, Virginia, and Missouri. Three states require only public contractors to use E-Verify: Louisiana, Minnesota, and Pennsylvania. Idaho only requires public employers to use E-Verify, while Florida only requires it for agencies under direction of the governor. Colorado and Utah encourage use of E-Verify, but allow for alternative means of employment verification. An E-Verify-only mandate in Utah is contingent on the state's effort to create a state-level guestworker program. The survey also found that some states have moved in the opposite direction, limiting or discouraging use of E-Verify: California, Rhode Island, and Illinois.
In 2011, the Supreme Court of the U.S. rejected a suit arguing that Arizona
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
's state law, which can cause employers found failing to use E-Verify to lose their state business licenses, was pre-empted by federal law. The ruling effectively confirmed that states may mandate the use of E-Verify.
Alabama
The state of Alabama
(We dare defend our rights)
, anthem = "Alabama (state song), Alabama"
, image_map = Alabama in United States.svg
, seat = Montgomery, Alabama, Montgomery
, LargestCity = Huntsville, Alabama, Huntsville
, LargestCounty = Baldwin County, Al ...
passed a law mandating employers to use E-Verify on new hires. The "Beason-Hammon Alabama Taxpayer and Citizen Protection Act" (H.B. 56) was signed into law on 9 June 2011. The act makes it illegal for any business entity, employer, or public employer to "knowingly employ, hire for employment, or continue to employ" an undocumented immigrant to perform work within the state. Effective 1 April 2012, every employer in Alabama must enroll in E-Verify and use the program to check employment authorization. The act creates an incentive for using E-Verify as businesses and subcontractors that enroll in E-Verify are immune from liability for employing an undocumented immigrant. The act requires the Alabama Department of Homeland Security (DHS) to establish and maintain an E-Verify employer service for any employer in the state with 25 or fewer employees that wants assistance. The Alabama DHS will enroll a participating business in E-Verify on its behalf at no cost.[Jon Feere, "An Overview of E-Verify Policies on the State Level," Center for Immigration Studies, July 2012. Available at: http://cis.org/e-verify-at-the-state-level] This law is applied to businesses both inside and outside Alabama that do business with the state.
Arizona
The state of Arizona
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
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
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of ...
and is currently in effect. The Legal Arizona Workers Act requires all Arizona employers to use E-Verify with all newly hired employees, effective 1 January 2008. As of December 2008, 5.6 percent of Arizona businesses had signed up with E-Verify.[
As amended, the law prohibits employers from intentionally and/or knowingly hiring illegal immigrants (or a person who employs or contracts with an illegal immigrant) and requires all employers to use E-Verify during the employment process and keep a record of the verification for the duration of the employee's employment or at least three years, whichever is longer. Additional legislation prohibits the state government from entering into a contract with any contractor or subcontractor that fails to use E-Verify. According to USCIS, there are 39,191 employers in Arizona using E-Verify at 84,703 hiring sites.][Jon Feere, "An Overview of E-Verify Policies at the State Level," Center for Immigration Studies, July 2012. Available at: http://cis.org/e-verify-at-the-state-level]
California
In 2011, California passed an act to prohibit municipalities from mandating use of E-Verify. At least 20 municipalities had required use of E-Verify,[Feere, Jon. (14 October 2011]
California Limits E-Verify, Supports Illegal Hiring Practices , Center for Immigration Studies
Cis.org. Retrieved on 18 October 2011. for all businesses and/or companies doing business with the local government, including Mission Viejo (2007), Temecula (ordinance 5.06.030) (2010), Murrieta (ordinance Chapter 5.04) (2010), Riverside, Santa Maria (only for city employees), Lake Elsinore (Ordinance No. 1279) (2010), Wildomar (only for contractors) (2010), Lancaster (Ordinance No. 934), Palmdale, San Clemente, Escondido, Menifee, Hemet, San Juan Capistrano, Hesperia, Norco, San Bernardino County, Rancho Santa Margarita, and Simi Valley.
Cities considering E-Verify ordinances for businesses for 2011 are Costa Mesa, San Luis Obispo, Santa Maria (for all businesses) Santa Barbara, and San Jose. However, Costa Mesa is the only city that has adapted the same state law as Arizona's SB-1070, allowing the City to arrest those without proper identification of resident status under suspicion of being unlawfully present in the United States.
Colorado
Colorado's E-Verify law became effective on 7 August 2006, and was amended on 13 May 2008, (H.B. 06-1343, amended by H.B. 07-1073 and S.B. 08-193). The amendment created the "Department Program" and is offered as an alternative to E-Verify, meaning that E-Verify is not mandated in Colorado. Public contractors must participate in either E-Verify or the Department Program. The state's Department of Labor and Employment is tasked with investigating complaints and can conduct on-site inspections and random audits of state agencies. It has the authority to request and review citizenship documentation of persons performing work on public contracts. Under the "Department Program" public contractors must consent to random audits to assess compliance with the law.
Florida
On January 4, 2011, Governor Rick Scott
Richard Lynn Scott ( Myers, born December 1, 1952) is an American politician serving as the junior United States senator from Florida since 2019. A member of the Republican Party, he was the 45th governor of Florida from 2011 to 2019.
Scott ...
signed an executive order requiring agencies under his direction to use E-Verify. It was superseded on 27 May 2011, with a similar E-Verify order that brought the policy more in line with standard E-Verify practices by requiring verification of new employees rather than both new and existing employees. Specifically, all agencies under the direction of the governor have been directed to verify the employment eligibility of all new employees through E-Verify. Agencies not under the direction of the governor are "encouraged" to follow the same guidelines. All agencies under the direction of the governor must expressly require contractors to use E-Verify for all new employees hired by the contractor during the contract term as a condition of all contracts for the provision of goods and services to the state in excess of nominal value. Additionally, subcontractors performing work pursuant to the contract must use E-Verify. Agencies not under the direction of the governor are encouraged to follow these guidelines as well.
Florida was the second state to join the E-Verify RIDE program, which allows employers to view State ID and driver's license photos during the verification process.
On June 30, 2020, Governor Ron DeSantis
Ronald Dion DeSantis (; born September 14, 1978) is an American politician serving as the 46th governor of Florida since January 2019. A member of the Republican Party, DeSantis represented Florida's 6th district in the U.S. House of Represe ...
signed a bill requiring government employers and private companies that contract with the government to use E-Verify.
Agricultural workers are exempt from E-Verify in Florida. This explains why no violations have been found in a state with 775,000 undocumented workers.
Georgia
Georgia
Georgia most commonly refers to:
* Georgia (country), a country in the Caucasus region of Eurasia
* Georgia (U.S. state), a state in the Southeast United States
Georgia may also refer to:
Places
Historical states and entities
* Related to the ...
requires both public and private employers to use E-Verify during the hiring process. In 2006 the state passed the "Georgia Security and Immigration Compliance Act" (S.B. 529), which applied to public employers, contractors, and subcontractors and was followed by a number of amendments. In 2011, the state passed the " Illegal Immigration Reform and Enforcement Act of 2011" (H.B. 87), which extends required use of E-Verify to private employers.
As of 1 July 2007, all public employers in Georgia were required to use E-Verify for all new employees. With additional amendments, the law now requires all public employees to permanently post the employer's federally issued user identification number and date of authorization on the employer's website. If the public employer does not have a website, then the local government is directed to submit the relevant information to the Carl Vinson Institute of Government of the University of Georgia to be posted by the institute on the website created for local government audit and budget reporting.
An official at the state's Department of Labor told the Center for Immigration Studies that funding has not been made available for the auditing process rendering the law largely ineffective.
Idaho
On 29 May 2009, Gov. Butch Otter
Clement Leroy "Butch" Otter (born May 3, 1942) is an American businessman and politician who served as the 32nd governor of Idaho from 2007 to 2019. A member of the Republican Party, he was elected in 2006, and reelected in 2010, and 2014. Otter ...
signed Executive Order 2009–10, mandating, among other things, that state agencies verify that new employees are eligible for employment under federal and state law. While the order does not specifically reference E-Verify, subsequent internal guidelines resulted in all state agencies using E-Verify to meet the order's requirements. The order came into effect on 1 July 2009.
Public contractors and subcontractors are required to declare to the contracting state agency that they have "substantiated that all employees providing services or involved in any way on projects funded directly by or assisted in whole or part by state funds or federal stimulus dollars" are legally authorized to work in the United States. According to an official at the state's Department of Human Resources, public contractors are encouraged, but not required to use E-Verify to meet this requirement.
On 14 July 2013, Idaho joined the E-verify RIDE program, which allows employers to view State ID and driver's license photos during the verification process.
Illinois
Section 12(a) of the Illinois Right to Privacy in the Workplace Act prohibited Illinois
Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...
employers from using E-verify to verify the work authorization of their employees. The United States Department of Homeland Security sued to prevent the law from taking effect as scheduled on 1 January 2008. On 12 March 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).
As a rule, E-Verify is not required in Illinois. In fact, Illinois is the only state that has tried to block the use of E-Verify by private employers. Concerned about inaccuracies in the E-Verify data kept by the federal government as well as ongoing privacy implications for workers, Illinois enacted a law in 2007 that would have prohibited private employers from using E-Verify until the federal government made specific improvements to the system. However, DHS challenged the Illinois law in federal court and eventually won. Thus, the provision of the Illinois law prohibiting employers from using E-Verify was struck down, but the rest of the statute survived. An amended version of the law was enacted in August 2009, and it is that version which went into effect on 1 January 2010.
Under the new law, which amends the Illinois Right to Privacy in the Workplace Act, Illinois employers are required to sign a sworn attestation either upon initial enrollment in E-Verify, or by 31 January 2010 if they are already enrolled in the program. The attestation form affirms that the employer has received the requisite E-Verify training materials from the U.S. Department of Homeland Security ("DHS"), and that all employees with access to the company's E-Verify account have completed mandatory online E-Verify tutorials. It further states that the employer has posted the required legal notices regarding its enrollment in E-Verify and certain non-discrimination procedures. The employer must retain the signed original attestation and proof of its employees' E-Verify training.
Indiana
On 1 July 2011, Indiana enacted S.B. 590. Among other things, the law requires state agencies and political subdivisions to use E-Verify to determine work authorization status of all employees hired after 30 June 2011. The requirement to use E-Verify also applies to public contractors. The law does not contain any enforcement provisions or any auditing process to determine employer compliance.
Louisiana
On 15 August 2011, two pieces of E-Verify legislation were approved in Louisiana. The first bill, H.B. 342, requires all state and local contractors who seek to do business with Louisiana to use E-Verify. The second bill, H.B. 646, encourages all private businesses to verify the legal status of their new hires by providing employers a safe harbor against sanctions if they use E-Verify or another method for determining worker eligibility.
Minnesota
On 7 January 2008, then-Governor Tim Pawlenty signed Executive Order 08-01, requiring use of E-Verify for the state's executive branch employees and for some public contracts. Gov. Mark Dayton
Mark Brandt Dayton (born January 26, 1947) is an American politician who served as the 40th governor of Minnesota from 2011 to 2019. He was a United States Senator for Minnesota from 2001 to 2007, and the Minnesota State Auditor from 1991 to 1 ...
allowed the order to lapse in April 2011. A new E-Verify provision requires use of E-Verify only for some public contracts. It requires state contracts for services in excess of $50,000 to require certification from vendors and subcontractors that they have implemented or are in the process of implementing the E-Verify program for all newly hired employees who will perform work under the contract. It exempts contracts entered into by the State Board of Investment.
Mississippi
The Mississippi Employment Protection Act requires all Mississippi
Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
employers to use E-Verify with new hires. Mississippi employers with 250 or more employees must comply with the law as of 1 July 2008.[ The law goes into effect for employers with 100 to 249 employees as of 1 July 2009.][ Employers with 30 to 99 employees must comply by 1 July 2010.][ The law is effective for employers with fewer than 30 employees on 1 July 2011.][ As of June 2011, a total of 4,336 employers representing more than 9,000 worksites in Mississippi were using E-Verify.
Enforcement of the law, and its effectiveness, remains a significant problem. An official at the Mississippi Attorney General's office explained to the Center for Immigration Studies that his office is tasked with investigating complaints that the public may file about potential violations of the law. However, when asked how often such complaints are filed, he responded, "Rarely." This is consistent with information from a two-day immigration hearing held at the state capital in 2010. Then, a different spokesperson for the Attorney General's office explained that the office had received no formal complaints. A state representative told the Center for Immigration Studies that because the state law grants authority over E-Verify regulation to multiple state agencies, no agency has taken the lead and enforcement has been nominal.]
As of August 2012 Mississippi was the first state to use USCIS's RIDE program as part of its E-Verify efforts (Florida and Idaho have also since joined). On 13 June 2011, in an effort to improve E-Verify's accuracy in Mississippi, Immigration and Customs Enforcement (ICE) launched the "Records and Information from DMVs for E-Verify" (RIDE) program in the state. The RIDE program compares driver's licenses or other government-issued ID cards against data held by the state's motor vehicle agency.
Missouri
On 7 July 2008, Missouri's E-Verify bill (H.R. 1549) was signed into law. It became effective on 1 January 2009. The law prohibits businesses from knowingly employing, hiring, or continuing to employ an illegal immigrant to perform work within the state of Missouri. The E-Verify portion of the law does not apply to all businesses, but those businesses that do use E-Verify are provided an affirmative defense that the business has not violated the provisions of the law that prohibit the employment of illegal immigrant. All public employers are required to "actively participate" in E-Verify.
Nebraska
On 8 April 2009, Nebraska's L.B. 403 was signed into law. The law requires use of E-Verify by state agencies (and political subdivisions) and by public contractors starting 1 October 2009. Every contract between a public employer and public contractor must contain a provision requiring the public contractor to use E-Verify for new employees physically performing services within Nebraska. The requirement does not apply to public contracts made prior to the operative date of this act. According to state surveys, use of E-Verify appears to be low.
North Carolina
The North Carolina
North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
governor signed H.B. 36 into law on 23 June 2011. All counties and municipalities were required to begin using E-Verify by 1 October 2011. The law also requires private businesses to use E-Verify for new employees, but exempts any "seasonal temporary employee who is employed for 90 or fewer days during a 12-consecutive-month period". Employers with 500 or more employees must be using E-Verify by 1 October 2012; employers with 100 to 499 employees must be using E-Verify by 1 January 2013; and employers with 25 to 99 employees must be using E-Verify by 1 July 2013. The law does not include a random audit process for determining employer compliance.
Oklahoma
The "Oklahoma Taxpayer and Citizen Protection Act of 2007" (H.B. 1804) was signed into law on 9 May 2007. Among other things, the law requires public contractors and subcontractors to use E-Verify (or a third-party program with an equal or higher degree of reliability, should one appear). After 1 July 2008, public employers were prohibited from entering into contracts for the physical performance of services within Oklahoma unless the contractor (and any subcontractor) uses E-Verify to verify the work authorization of all new employees. If an independent contractor, contracting for the physical performance of services in Oklahoma, fails to provide to the contracting entity documentation to verify the independent contractor's employment authorization, the contracting entity is required to withhold state income tax at the top marginal income tax rate as provided under state law.
Pennsylvania
On 5 July 2012, Pennsylvania Governor Tom Corbett
Thomas Wingett Corbett Jr. (born June 17, 1949) is an American politician and attorney who served as the 46th governor of Pennsylvania from 2011 to 2015. A member of the Republican Party, he served as Attorney General of Pennsylvania from 1995 ...
signed "Public Works Employment Verification Act" (S.B. 637). It requires some public works contractors and subcontractors to use E-Verify to determine employment eligibility of all new hires. In order to ensure compliance, employers are subject to complaint-based and random audits. The act takes effect 1 January 2013. Under the act, "public work" means "construction, reconstruction, demolition, alteration, and/or repair work other than maintenance work, done under contract and paid for in whole or in part out of the funds of a public body" where the estimated cost of the total project is in excess of $25,000 but does not include work performed under a "rehabilitation or manpower training program."
The legislation was approved by both houses of the state legislature and aims to ensure that all construction jobs funded by taxpayers employ only documented workers by checking employees' information against government records.
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.
On 5 January 2011, less than 24 hours after his swearing-in, Gov. Lincoln Chafee
Lincoln Davenport Chafee ( ; born March 26, 1953) is an American politician. He was mayor of Warwick, Rhode Island from 1993 to 1999, a United States Senator from 1999 to 2007, and the 74th Governor of Rhode Island from 2011 to 2015. He was a m ...
rescinded Executive Order 08-01, calling it "an agent of divisiveness, incivility, and distrust among the state's citizens." In defending his move, Gov. Chafee incorrectly claimed on at least two occasions that Rhode Island was one of only six states with an E-Verify mandate.
South Carolina
The "South Carolina Illegal Immigration Reform Act" (H. 4400) was signed into law on 4 June 2008, and amended on 27 June 2011, (S. 20). The law requires all employers to use E-Verify. The original version of the law gave employers the option of confirming the eligibility of new employees through either E-Verify or by checking the validity of driver's licenses and other identification cards. The 2011 amendment made E-Verify the exclusive method for confirming employment eligibility. South Carolina is said to have one of the nation's most effective E-Verify laws in that the state uses an audit process to ensure businesses are in compliance with the law.
South Carolina conducted approximately 6,000 audits of businesses under the 2008 version of the law. During the first year – 1 July 2009, through 30 June 2010, when the law applied to businesses with 100 or more employees (a total of 2,300 employers) — South Carolina conducted approximately 1,900 audits. The second year, when the law applied to every employer, the state conducted audits of approximately 4,200 businesses.
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 1 January 2009, with respect to contractors, subcontractors, or sub-subcontractors of five hundred or more employees; (2) on and after 1 July 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 1 January 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 requires that "(A) All private employers in South Carolina shall be imputed a South Carolina employment license, which permits a private employer to employ a person in this State. A private employer may not employ a person unless the private employer's South Carolina employment license and any other applicable licenses as defined in Section 41-8-10 are in effect and are not suspended or revoked. A private employer's employment license shall remain in effect provided the private employer complies with the provisions of this chapter.
(B) All private employers who are required by federal law to complete and maintain federal employment eligibility verification forms or documents must register and participate in the E-Verify federal work authorization program, or its successor, to verify the work authorization of every new employee within three business days after employing a new employee. A private employer who does not comply with the requirements of this subsection violates the private employer's licenses.
(C) The South Carolina Department of Employment and Workforce shall provide private employers
with technical advice and electronic access to the E-Verify federal work authorization program's website
for the sole purpose of registering and participating in the program.
(D) Private employers shall employ provisionally a new employee until the new employee's work
authorization has been verified pursuant to this section. A private employer shall submit a new
employee's name and information for verification even if the new employee's employment is terminated
less than three business days after becoming employed. If a new employee's work authorization is not
verified by the federal work authorization program, a private employer must not employ, continue to
employ, or reemploy the new employee.
(E) To assist private employers in understanding the requirements of this chapter, the director shall
send written notice of the requirements of this section to all South Carolina employers, and shall publish
the information contained in the notice on its website. Nothing in this section shall create a legal
requirement that any private employer receive actual notice of the requirements of this chapter through
written notice from the director, nor create any legal defense for failure to receive notice.
(F) If a private employer is a contractor, the private employer shall maintain the contact phone numbers
of all subcontractors and sub-subcontractors performing services for the private employer. The private
employer shall provide the contact phone numbers or a contact phone number, as applicable, to the
director pursuant to an audit or investigation within seventy-two hours of the director's request.
HISTORY: 2008 Act No. 280, Section 19, eff 4 June 2008; 2011 Act No. 69, Section 9, eff 1 January 2012."
Tennessee
The Tennessee Lawful Employment Act (HB 1378) was signed into law by Governor Bill Haslam
William Edward Haslam (; born August 23, 1958) is an American billionaire businessman and politician who served as the 49th governor of Tennessee from 2011 to 2019. A member of the Republican Party, Haslam previously served as the 67th mayor of ...
in June 2011. Effective 1 January 2017, private employers with 50 or more employees under the same FEIN are required to use the federal E-Verify employment verification process. This applies to employees working in or outside the state of Tennessee. Private employers with fewer than 50 employees may choose to use E-Verify for newly hired employees or request and maintain documents under the TLEA’s list of authorized identity and employment eligibility documents. The TLEA covers "non-employees" as well, while not employed directly, are paid directly by the employer for labor or services. Companies in Tennessee are required to request and maintain copies of certain identity and work authorization documents for non-employees, unless an exception applies (i.e. workers are employed by a separate company).
Texas
On 3 December 2014, Governor Rick Perry
James Richard Perry (born March 4, 1950) is an American politician who served as the 14th United States secretary of energy from 2017 to 2019 and as the 47th governor of Texas from 2000 to 2015. Perry also ran unsuccessfully for the Republica ...
issued Executive Order RP 80, relating to state agencies using the U.S. Department of Homeland Security's E-Verify System. The order requires all agencies under the direction of the governor to verify the employment eligibility of all current and prospective agency employees through the E-Verify system. It also requires all agencies under the direction of the governor to include, as a condition of all state contracts for services, a requirement that contractors utilize the E-Verify system to determine the eligibility of all persons employed during the contract term to perform duties within Texas and all persons (including subcontractors) assigned by the contractor to perform work pursuant to the contract.
Utah
The "Private Employer Verification Act" (S.B. 251) was signed into law on 31 March 2010. It requires all private employers who employ more than 15 or more employees as of 1 July 2010, to use a "status verification system" to verify the employment eligibility of new employees, though it does not mandate use of E-Verify. As an alternative to E-Verify, businesses can use any other federal program the state deems equivalent to E-Verify, including "the Social Security Number Verification Service or similar online verification process implemented by the United States Social Security Administration." (Note: However, the E-Verify is considered to be more reliable than the mere verification through a Social Security Administration database that the social security number, name of employee, and date of birth all match.) The law exempts employers of aliens on H-2A (temporary agricultural) and H-2B (temporary, non-agricultural) visas. An official at the Social Security Administration told the Center for Immigration Studies that the program is not sufficient for determining immigration status.
Virginia
On 11 April 2010, Virginia's H.B. 737 was signed into law. In early 2011, Gov. Robert McDonnell announced that he would push up the deadline by 18 months to 1 June 2011.
The state's E-Verify policy requires both state agencies and businesses contracting with Virginia to use E-Verify, the result of two pieces of legislation. On 25 March 2011, an E-Verify bill aimed at public contractors was signed into law: H.B. 1859. Effective 1 December 2013, employers with more than an average of 50 employees for the previous 12 months entering into a work or service contract in excess of $50,000 with any state agency must register and participate in E-Verify. Failure to comply with the law results in the employer being debarred from contracting with any state agency for a period up to one year. Such debarment ends upon the employer's registration and participation in E-Verify.
Criticism
In the U.S. government fiscal year 2017, E-Verify was used in 34,853,666 cases, returning a TNC (Tentative Non-Confirmation) in or 383,390 cases. An estimated 13.6% of these TNCs were issued in error, resulting in an estimated 10,000 work-eligible individuals being denied employment. Due to the sheer number of cases, even a small error rate has a significant impact. Prospective employees who are erroneously flagged can find themselves navigating a Kafkaesque system involving multiple government agencies.
As of 2012, "the overall accuracy of E-Verify for employment-authorized workers, as measured by the FNC (Final Nonconfirmations) accuracy rate, was approximately 94 percent.". However, the margin of error, currently around 8%, is decreasing, as many of the errors came from changing last names after marriage or not informing the government of changes in citizenship status. As of 2018, 98.88% of E-Verify applicants were approved to work.[Tatiana Sanchez (23 Jan 2018]
E-Verify doesn't prevent many companies from hiring undocumented workers
ChicagoTribune.com. Archived from th
on 21 February 2019. Retrieved 10 May 2018.
Chris Calabrese of the American Civil Liberties Union
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
opposes E-Verify, citing concerns that it could expand into an onerous national ID system: "Employers are not police officers, except in this one context where we suddenly want them to be law enforcement agents who are going to police their workforce."
The American Farm Bureau Federation
The American Farm Bureau Federation (AFBF), also known as Farm Bureau Insurance and Farm Bureau Inc. but more commonly just the Farm Bureau (FB), is a United States-based insurance company and lobbying group that represents the American agri ...
opposes E-Verify and stated in July 2011 that it "could have a significant, negative impact on U.S. farm production, not only threatening the livelihoods of many farmers and ranchers in labor-intensive agriculture but jeopardizing as well the health of the rural economy, where agriculture plays an important role."E-Verify
American Farm Bureau Federation web site. Retrieved on December 2, 2021.
See also
* Systematic Alien Verification for Entitlements
* Immigration to the United States
Immigration has been a major source of population growth and Culture of the United States, cultural change throughout much of the history of the United States. In absolute numbers, the United States has a larger immigrant population than a ...
References
External links
E-Verify Official Website
U.S. Citizenship and Immigration Services E-Verify Website
DHS E-Verify web page
EPIC Spotlight on Surveillance article
Electronic Privacy Information Center. An article describing defects, problems, and dangers of the E-Verify system and its use.
The Problem with E-Verify
The American Civil Liberties Union explains the many pitfalls associated with E-Verify.
How E-Verify Works and How it Benefits American Employers and Workers: Hearing before the Subcommittee on Immigration and Border Security of the Committee on the Judiciary, House of Representatives, One Hundred Thirteenth Congress, First Session, 27 February 2013
{{Immigration to the United States
Illegal immigration to the United States
Immigration to the United States
Labour law
Privacy in the United States