On March 11, E-Verify will expire. This program gave employers a
method by which to confirm the eligibility of employees to work in
the U.S. Letting E-Verify expire was a mistake and a step backward
in efforts to enforce America's immigration laws. Later today,
Senator Jeff Sessions (R-AL) will introduce an amendment to the
Senate's version of the omnibus spending bill. This amendment would
reauthorize the program for another five years, giving Congress the
opportunity to avoid the mistake of letting this program expire.
Congress should reauthorize E-Verify and support reforms that
strengthen it and similar workplace enforcement programs.
Helping Employers Enforce the Law
E-Verify allows employers to confirm an employee's ability to
legally work in the United States. An employer enters information
provided by a prospective employee (from the I-9 form) into an
online portal. The system then compares that data to information in
Social Security Administration (SSA) and Department of Homeland
Security (DHS) databases. It then issues either a confirmation or a
non-confirmation. Non-confirmations can be resolved if an employee
can later prove that there was a discrepancy in the system. If it
is not resolved, a final non-confirmation is issued and the
employer is not allowed to hire the worker.
E-Verify has been a success. More than 80,000 employers
participate in E-Verify, and the system has confirmed the identity
of over 5.3 million workers. The program has been a success because
it helps employers enforce immigration laws in a cheap and
user-friendly fashion. For example, the software is free and
requires very basic information-information already found on the
I-9. Knowing beforehand that an employee can legally work also
minimizes the cost of having to hire new employees later. And with
an error rate of fewer than 4 percent, employers can comfortably
rely on the program.
More Time for E-Verify
Given the benefits of E-Verify, it is vital that the program
continues. Although the program will expire this week, Congress can
still reauthorize E-Verify. Furthermore, Congress should strengthen
E-Verify and similar workplace enforcement programs by doing the
following:
- Expand the IMAGE Initiative. The ICE Mutual
Agreement between Government and Employers (IMAGE) helps E-Verify
companies-especially industries that deal with large numbers of
unlawfully present workers-by providing audits, internal training,
and protocols for responding to SSA "no match" letters. IMAGE
participants receive recognition from DHS as a company employing
"best practices" in workplace verification.
- Improve the issuance of no-match letters and SSN
no-match sharing. No-match letters sent to employers
should include detailed guidance about the employer's legal
obligations as well as steps that should be taken once it is
discovered that an individual is a no-match. SSA must also share
information with DHS, including granting DHS access to no-match
queries and information regarding stolen SSNs.
- Pilot a temporary workers program. America
needs a temporary worker program that allows for a reliable and
market-driven source of labor provided by a dynamic and rotating
temporary workforce. Such a program would serve to diminish the
demand for illegal immigrants by allowing those who would normally
enter the country illegally to come here legally, make money, and
then return home. Such a program would serve a dual purpose of
enhancing U.S. national security while also serving the needs of
the economy.
- Reform the visa process and USCIS. Reforms are
needed at the United States Citizenship and Immigration Service
(USCIS). USCIS needs to be a more efficient and effective partner
in providing the immigration services and enforcement that the
nation needs. These reforms include an entirely new USCIS funding
model, a comprehensive overhaul of the agency's service support
enterprise, and better integration of USCIS programs with
immigration enforcement and border control efforts. USCIS also
needs to streamline the visa programs already in place (such as
those aimed at temporary or seasonal agricultural workers) to
include other non-immigrant work visas.
- Encourage state and local initiatives. Several
states have made the use of E-Verify mandatory, which courts have
found permissible. Congress and DHS should encourage efforts by
state and local governments to control illegal immigration within
their jurisdictions.
E-Verify helps responsible employers hire legal workers in an
economically viable manner. It and other similar programs are the
type of business-friendly and cost-effective programs that Congress
should be supporting. Consequently, Congress should reauthorize and
fully fund E-Verify.
Jena Baker McNeill is a
homeland security policy analyst at The Heritage Foundation.