As is always the case when administrations change from one political party to another, there have been several last-minute, controversial new policies enacted over the last couple of months – the most notable being the E-Verify requirement for federal contractors which goes into effect on January 15, 2009.
For those not familiar with the term, E-Verify is an internet-based system operated by the Department of Homeland Security (DHS) that allows employers to verify the employment eligibility of their employees, regardless of citizenship. Based on the information provided by the employee on his or her Form I-9, E-Verify checks this information electronically against records contained in DHS and Social Security Administration (SSA) databases.
Detractors of this new policy say that it is costly and ineffective. The Government Accountability Office (GAO) has found that the Department of Homeland Security’s E-Verify system incorrectly lists some legal citizens as ineligible to work in the U.S., and the U.S. Chamber of Commerce feels that the system has not been tested enough (http://www.usatoday.com/tech/news/techpolicy/2009-01-06-security_N.htm). Fears of inaccuracy caused the state of Illinois to enact legislation forbidding employers to use the E-Verify system, and legislators in California are considering a similar ban (http://www.csmonitor.com/2008/0707/p02s01-usgn.html). Additionally, in December the Society for Human Resource Management (SHRM) joined three other groups in a lawsuit in an attempt to block the E-Verify mandate for federal contractors (http://www.shrm.org/hrnews_published/articles/CMS_027463.asp#P-8_0).
On the other side, advocates acknowledge that E-Verify’s 94% accuracy rate could be improved, but insist that its benefits outweigh any imperfections. They contend that it’s a free, easy and straightforward way for employers to comply with immigration law (http://www.numbersusa.com/content/content/6/3112/3130). Furthermore, many believe the program has enough safeguards to protect citizens. Workers who are given a “tentative non-confirmation” – meaning there’s a problem with their Social Security number – have eight working days to clear up discrepancies in the government’s database. And employers who use E-Verify are held harmless it if turns out they unknowingly hired an illegal immigrant (http://www.csmonitor.com/2008/0707/p02s01-usgn.html).
Since this law was signed into effect via a Presidential Executive Order and did not go through a vote in Congress, it’s safe to say that we have not heard the end of this debate.
If you would like to obtain more information regarding E-Verify, please visit our website at www.ciilink.com.
