With Washington D.C. zeroing in on illegal immigration, there’s a growing push to make the system mandatory. Trump’s 2018 budget even earmarked money to upgrade E-Verify, but the big switch would need Congress’s nod.
For those not familiar, E-Verify is a federally run, electronic system that helps employers check if job candidates and employees are legally allowed to work in the U.S. It was first tested in 1996 and rolled out nationwide by 2001. Today, only about 10% of employers use it—and most of those are doing so because the law requires it.
Some states require E-Verify for most employers, and some require it just for federal contractors. While other states also require its use for public employees or government contractors.
Check out this map and article from Equifax https://workforce.equifax.com/e-verify-state-requirements.
Interestingly, a recent poll by the Society for Human Resource Management (SHRM) found that nearly 90% of employers would support a mandatory E-Verify system, provided certain tweaks are made. One of the main changes they want is for E-Verify to replace the old paper-based Form I-9.
>> Right now, even businesses that use E-Verify must still fill out I-9s, which many see as an unnecessary double effort. And I agree! <<
Employers are also pushing for reforms to address practical concerns. They’re calling for a “safe harbor” that would protect them if they use E-Verify in good faith, a reduction in the risk of discrimination claims tied to its use, and clear deadlines for resolving work authorization disputes.
Another sticking point is that while E-Verify can confirm that an employee’s information exists in government databases, it can’t fully verify the person’s identity. SHRM has even suggested creating identity verification centers—think of them as a kind of “password reset” help desk for proving who you are during hiring.
Legislators are taking note too. The “Accountability Through Electronic Verification Act,” introduced by Senator Charles Grassley and backed by several senators, could make E-Verify a permanent fixture. This bill would eliminate the Form I-9, require employers to use E-Verify within a year of its enactment, and impose harsher penalties on those who don’t comply. However, it’s important to remember that nothing’s set in stone. Even if the legislation passes, it might be a while before the new system is fully in place.
Lastly, not all states are on the same page. California, for example, has its own rules that limit when and how E-Verify can be used, and even imposes steep penalties for misuse. For companies across the board, now might be a good time to review current hiring and work-status checks in anticipation of potential changes.
Do your research and be sure to follow an employment attorney in the state (or states) that you operate in and/or have employees in. Check it and enroll today.
