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E-Verify (formerly the Basic Pilot/Employment Eligibility Verification Program) is an online system operated jointly by the Department of Homeland Security and the Social Security Administration (SSA). Participating employers can check the work status of new hires online by comparing information from an employee's I-9 form against SSA and Department of Homeland Security databases. More than 87,000 employers are enrolled in the program, with over 6.5 million queries run so far in fiscal year 2008.
For Federal Contract Employers
Federal contractors and subcontractors will be required to begin using the E-Verify system starting May 21, 2009. The new rule implements Executive Order 12989, as amended by President George W. Bush on June 6, 2008, directing federal agencies to require that federal contractors agree to electronically verify the employment eligibility of their employees. The amended Executive Order reinforces the policy, first announced in 1996, that the federal government does business with companies that have a legal workforce.
Sec. 16101. Hiring American workers in companies receiving TARP funding.(a) Short TitleWorkers in Companies Receiving TARP Funding. (a) SHORT TITLE- This section may be cited as the ‘Employ American Workers Act’.
(1) IN GENERAL- Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM- In this subsection, the term ‘hire’ means to permit a new employee to commence a period of employment.
Verification of Eligibility for Program Benefits-CommentsClose CommentsPermalink
‘(1) IN GENERAL- An agreement under this subchapter shall provide that the State shall periodically redetermine that a worker receiving benefits under this subchapter who is not a citizen or national of the United States remains in a satisfactory immigration status. Once satisfactory immigration status has been initially verified through the immigration status verification system described in section 1137(d) of the Social Security Act (42 U.S.C. 1320b-7(d)) for purposes of establishing a worker’s eligibility for unemployment compensation, the State shall reverify the worker’s immigration status if the documentation provided during initial verification will expire during the period in which that worker is potentially eligible to receive benefits under this subchapter. The State shall conduct such redetermination in a timely manner, utilizing the immigration status verification system described in section 1137(d) of the Social Security Act (42 U.S.C. 1320b-7(d)).CommentsClose CommentsPermalink
‘(2) PROCEDURES- The Secretary shall establish procedures to ensure the uniform application by the States of the requirements of this subsection.’.
In 2007, DHS commissioned an independent study of E-Verify, which concluded that "the database used for verification is still not sufficiently up to date to meet the requirements for accurate verification." The error rate was almost 10% for foreign-born U.S. citizens. E-Verify's vulnerability to identity fraud is also problematic. A person using a valid Social Security card that doesn't belong to him would go undetected by the system. Mandating use of E-Verify could provide a nice boon to an already thriving document-fraud industry.