Currently in Congress, two bills would require the use of E-Verify by all employers. H.R.800 (E-LAW Act) introduced by Rep. John Carter (R-Texas) would require employers to verify all new hires and current employees within two years of enactment. It would also reinstate the No-Match program, which required the Social Security Administration to notify employers and individuals when they begin contributing to an individuals Social Security account with funds from more than one employer. H.R.483 (Triple E-VICT Act) introduced by Rep. Peter DeFazio (D-Ore.) would require the use of E-Verify by all employers, but the phase in period is spread over six years. The bill would also take steps to root out identity fraud.
As of February 2011, more than 22 million Americans were looking for a full-time job and couldn't find one. But, the Pew Hispanic Research Center estimates that more than 7 million illegal aliens hold jobs in the U.S. workforce.
In 1997, Congress authorized the creation of an electronic verification system that would verify information provided by employees on their I-9 forms with data on file with the Social Security Administration and the Department of Homeland Security. Since its inception, more than 238,000 employers have begun using the program. Arizona, Mississippi, and South Carolina have required all employers to use the program, and a dozen more states require certain employers to use the program. In 2010, Pres. Obama affirmed a Bush executive order that requires business that contract with the federal government to use E-Verify.
E-Verify provides an immediate confirmation for 96.9% of individuals checked through the system, and another 0.3% are later confirmed. The remaining 2.7% are found to be ineligible to work in the United States.
Scheduled to begin in 2011, individuals will be able to check their work eligibility status with E-Verify before they begin looking for a job.
Requiring all employers in the United States to use E-Verify would eliminate the No. 1 magnet that draws illegal aliens to the United States.
||Carter's H.R.800||DeFazio's H.R.483|
|Timeline for requiring use of E-Verify||Phase in over 2 years||Phase in over 6 years|
|Require verification of current employees||YES||YES|
|Eliminate fraud||Requires DHS to take necessary steps||Requires DHS to take necessary steps|
|Re-implement No-Match program||YES||NO|
|Penalties for employers||Fines of $2,500 (first offense) - $50,000 (3+ offenses)||Fines of $250 (first offense) - $40,000 (3+ offenses)|