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Revision as of 21:31, 26 December 2009

E-verify, previously called Basic Pilot, is a voluntary federal program that involves the verification checks of the Social Security Administration (SSA) and the United States Department of Homeland Security (DHS) databases. Conducted by DHS's United States Citizenship and Immigration Service (USCIS) with support from the SSA, the program is used to verify the employment eligibility of all newly hired employees and has been in use since November 1997. To perform these checks, the system utilizes social security numbers (SSNs), Alien Registration Numbers, and I-94 Numbers. Although voluntary for most employers in the United States, as of 2006 over 5,000 employers across the United States use the free Basic Pilot Program to verify the eligibility of all new hires.[citation needed] By January 2009 the number of companies that had enrolled in E-verify had grown to more than 100,000.[1]

The program essentially removes the uncertainty that accompanies document review during the I-9 process. However, a 2006 DHS commissioned study concluded that the program's 10.9% error rate (defined as the rate at which legal workers receive an initial non-confirmation through the system) was "unacceptably high". By July 2008, the accuracy of E-verify has improved to 94%.[2]

To participate, an employer must enroll and sign a memorandum of understanding (MOU) that spells out the responsibilities of the SSA, DHS USCIS, and the employer.

Legislation signed by the President in December 2003 extended the Basic Pilot Program until November 2008 and grew to encompass all 50 states and the District of Columbia. In September 2008 the program was extended for six months but will need to be voted on again in March 2009.

As one of the largest corporations to undertake the project, Dunkin' Brands, Inc. has taken a national lead on the Basic Pilot Program by requiring that all of its franchisees register for the program by June 1, 2006. President George W. Bush paid an unannounced visit to an Alexandria, Virginia Dunkin' Donuts on July 5, 2006 to speak briefly about the program and its effects on immigration policy.[3] A contract team was hired to monitor the progress of enrollment in the program and to ensure that all franchisees partake in the program.

On June 9, 2008, President Bush signed an executive order requiring use of E-verify by companies who are awarded federal prime contracts above $100,000 after January 15, 2009, as well as subcontracts above $3,000.[4][5] Covered federal contractors must use E-verify to confirm the work authorization of all new hires, regardless of whether the new hire will work on the federal contract, and all existing employees who work on the federal contract.[5] The U.S. Chamber of Commerce and the Society for Human Resource Management filed a civil case to challenge the federal requirement.[6] Due to the pending lawsuit, the Department of Justice postponed the effective date until May 21, 2009.[6]

State laws

Arizona

The Legal Arizona Workers Act requires all Arizona employers to use E-verify with all newly hired employees, effective January 1, 2008.[7] As of December 2008, 5.6 percent of Arizona businesses had signed up with E-verify.[7]

Georgia

Georgia requires all public employers and government contractors to use E-Verify to verify the work authorization of their newly hired employees.[8]

Illinois

Section 12(a) of the Illinois Right to Privacy in the Workplace Act prohibits Illinois employers from using E-verify to verify the work authorization of their employees, due to the inaccuracy rate of E-verify.[2] The United States Department of Homeland Security sued to prevent the law from taking effect as scheduled on January 1, 2008.[9] The state of Illinois has agreed not to enforce the law until the lawsuit has been resolved.[9]

Mississippi

The Mississippi Employment Protection Act requires all Mississippi employers to use E-verify with new hires.[10][11] Mississippi employers with 250 or more employees must comply with the law as of July 1, 2008.[11] The law goes into effect for employers with 100 to 249 employees as of July 1, 2009.[11] Employers with 30 to 99 employees must comply by July 1, 2010.[11] The law is effective for employers with fewer than 30 employees on July 1, 2011.[11]

Rhode Island

Rhode Island is considering requiring applicants for state contracts, state vendors, and state grant recipients to use E-verify with its new employees.[12]

South Carolina

South Carolina enacted a law requiring all public-sector businesses and agencies to use E-verify with all newly hired employees, effective January 1, 2009.[13] The law also requires private businesses to verify the legal work authorization for new hires, but the law does not mandate that private businesses use E-verify to do so.[13]

References

  1. ^ "100,000 Employers Use E-Verify Program". U.S. Citizenship and Immigration Services. January 8, 2009.
  2. ^ a b Marks, Alexandra (July 7, 2008). "With E-Verify, too many errors to expand its use?". Christian Science Monitor.
  3. ^ Pickler, Nedra (July 5, 2006). "Bush Works to Break Immigration Deadlock". The Washington Post.
  4. ^ "Executive Order: Amending Executive Order 12989, as Amended". The White House. June 9, 2008.
  5. ^ a b "Final Rule Implements Executive Order 12989 Mandating E-Verify for Federal Contractors. Form I-9 Compliance's Managed SasS Solution Gives Employers Unmatched Flexibility in Meeting Federal Compliance Requirements" (Press release). Form I-9 Compliance, LLC. December 3, 2008.
  6. ^ a b Leonard, Bill (February 2009). "Justice Dept. Delays E-Verify Mandate for Federal Contractors". HRMagazine. Society for Human Resource Management.
  7. ^ a b McCombs, Brady (December 11, 2008). "State's employer sanctions law goes mostly unused". Arizona Daily Star.
  8. ^ Pickel, Mary Lou (March 19, 2008). "Ga. employers use system to deter illegal workers". The Atlanta Journal-Constitution.
  9. ^ a b "Notice for Illinois Employers about E-Verify". United States Department of Homeland Security. October 6, 2008.
  10. ^ "Mississippi Requires Use of E-Verify by Employers". Business & Legal Reports, Inc. March 25, 2008.
  11. ^ a b c d e "Mississippi Employment Protection Act (Senate Bill 2988)". Mississippi Senate. 2008.
  12. ^ Gregg, Katherine (December 3, 2008). "Rhode Island to hold public hearing on E-Verify policy today". Providence Journal.
  13. ^ a b Covington, Marti (December 10, 2008). "Area businessmen educated on SC's new immigration regulations". The Beaufort Gazette.
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