E-Verification: Why Won't It Become Law?

E-Verify is a free and user-friendly program that allows employers to determine if their workers are eligible to work legally in the United States. It is a massive database that compares data on new hires with USCIS and Social Security files. Despite its effectiveness, E-Verify has not become law due to a lack of political will. Some politicians want cheap labor and don't want stricter regulations, while others hope to gain future voters from those currently residing in the country illegally. Additionally, some states and counties have their own E-Verify requirements, with varying penalties for non-compliance.

E-Verify is a simple system that is the easiest way to determine if employees can work legally in the US

E-Verify is an internet-based system that allows employers to confirm the employment eligibility of their employees in the US. It is a simple and user-friendly system that is free to use and provides results within 3 to 5 seconds. The system compares information from an employee's Form I-9, Employment Eligibility Verification, to records available to the US Department of Homeland Security (DHS) and the Social Security Administration (SSA).

E-Verify is currently not mandatory for all employers in the US, but some employers are required to use it by contracts or local laws. However, many employers choose to participate voluntarily. As of 2024, Alabama, Arizona, Florida, Georgia, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and Utah have laws in place that require employers to use E-Verify.

The effectiveness of E-Verify as a tool to prevent the employment of illegal immigrants has been demonstrated. For example, in 2019, it was reported that about a dozen workers were fired from their jobs at the Trump National Golf Club in Westchester County, New York, because they were found to be undocumented immigrants. In response, the Trump Organization announced that it would be "instituting E-Verify on all of our properties as soon as possible."

Despite its effectiveness, there are several reasons why E-Verify has not become mandatory for all employers in the US. One reason may be that there is a lack of political consensus on the issue, with some lawmakers arguing that a border wall would be more effective in curbing illegal immigration. There may also be concerns about the accuracy of the system, as in some cases, a mismatch in the records could be due to reasons other than illegal immigration status.

In conclusion, E-Verify is a simple and efficient system that is currently the easiest way to determine if employees can work legally in the US. However, it is not a perfect system, and there may be valid concerns about making it mandatory for all employers.

It is not mandatory due to a lack of political will

E-Verify is a United States Department of Homeland Security (DHS) website that allows businesses to determine the eligibility of their employees to work in the United States. While the use of E-Verify is mandated for federal contractors and vendors, it is not mandatory for non-federal employees due to a lack of political will.

The lack of political will to make E-Verify mandatory for all employers can be attributed to several factors. Firstly, there is a concern among policymakers that mandating the use of E-Verify could impose additional burdens on businesses, particularly small businesses. They argue that the cost and time required to implement and utilise the system may outweigh the benefits, especially for businesses that do not have a large human resources department.

Secondly, there are concerns about the accuracy and reliability of E-Verify. While the system is designed to confirm employment eligibility by comparing information from an employee's Form I-9 to government records, it is not perfect and has been known to generate false positives and negatives. This could potentially lead to eligible employees being denied employment or ineligible employees being hired.

Additionally, there is a lack of consensus among lawmakers about the effectiveness of E-Verify in achieving its intended goals. Some argue that the system does not go far enough to deter illegal immigration or protect American jobs, while others believe that it unfairly targets immigrants and could lead to discrimination. This disagreement has hindered the passage of legislation that would make E-Verify mandatory for all employers.

Furthermore, the political will to mandate E-Verify is weakened by the existence of alternative methods for employment eligibility verification. Some states have implemented their own verification systems, while others have discouraged the use of E-Verify altogether. This creates a fragmented landscape of verification requirements that makes it challenging to implement a uniform mandate.

Lastly, there are concerns about the potential impact of mandating E-Verify on civil liberties and privacy. Some critics argue that the system could expand into an invasive national ID system, requiring all American citizens to provide sensitive personal information to the government. This has raised alarms among civil liberties advocates and contributed to the lack of political will to make E-Verify mandatory.

Politicians who want cheap labour don't support it

E-Verify is a United States Department of Homeland Security (DHS) website that allows businesses to determine the eligibility of their employees, both US and foreign citizens, to work in the United States. While federal law does not mandate its use for non-federal employees, some states have mandated the use of E-Verify or similar programs, while others have discouraged it.

E-Verify has been criticised by some Republican Congressmen, such as Thomas Massie, who oppose it on the grounds that it could be used as a form of invasion of privacy against American citizens. Massie has also expressed concerns that the bill could be used as a "Patriot Act 2.0".

The American Farm Bureau Federation also opposes E-Verify, stating that it:

> "could have a significant, negative impact on U.S. farm production, not only threatening the livelihoods of many farmers and ranchers in labour-intensive agriculture but jeopardising as well the health of the rural economy, where agriculture plays an important role."

The evidence suggests that politicians who do not support E-Verify may be doing so because of their desire for cheap labour. For instance, in response to the Florida state law, SB1718, which punishes organisations and individuals who facilitate and enable illegal immigration, including employers, complaints were made by employers who argued that Florida already had low unemployment and that businesses would lose many of their workers. This indicates a reliance on cheap immigrant labour. According to the Florida Policy Institute, some industries would "lose 10% of their workforce and the wages they contribute", which would amount to a $12.6 billion loss for the state's GDP.

Furthermore, the main driver of immigration to western countries has been argued to be the persistent demand for cheap labour. Despite this, politicians have turned a blind eye, with workplace enforcement being almost laughably low. This suggests that politicians who oppose E-Verify may do so because of their desire for cheap labour, as it allows them to fill labour shortages with undocumented workers.

Those who are hoping that illegal immigrants will be their future voters also don't support it

E-Verify is an internet-based system that assists employers in determining whether current or prospective employees are authorized to work in the United States. It is a proven tool that helps reduce incentives for illegal immigration and safeguards job opportunities for Americans and other legal workers.

However, some people and organizations oppose making E-Verify mandatory. This includes those who are hoping that illegal immigrants will be their future voters. While noncitizen voting is exceedingly rare, as states have processes to prevent it, and federal law bans noncitizens from voting in federal elections, there have been instances of false claims that a large number of unauthorized migrants are registering to vote.

For example, in 2024, social media users falsely claimed that there was a "skyrocketing" number of unauthorized migrants registering to vote in Arizona, Texas, and Pennsylvania. These claims misrepresented data from the SSA's Help America Vote Verification system, which tracks requests by states to verify the identity of individuals who registered to vote using the last four digits of their social security number. In reality, election officials in these three states confirmed that the actual voter registration applications during the time period in question were much lower than the numbers being shared online.

Furthermore, investigations have shown that noncitizen voting is extremely rare. For instance, a Georgia audit of its voter rolls in 2022 found fewer than 2,000 instances of noncitizens attempting to register to vote over the last 25 years, none of which were successful. Despite this, some people continue to spread misinformation about voter fraud to sow doubt in the election process.

By opposing mandatory E-Verify, those who are hoping for future votes from illegal immigrants aim to maintain the status quo, where there are limited safeguards against unlawful employment and voting by unauthorized individuals.

E-Verify would be the most effective proposal at curbing illegal entries and limiting nonimmigrant overstays

E-Verify is a website operated by the Department of Homeland Security that allows employers to confirm the immigration status of their employees, ensuring that they are allowed to work under immigration rules. It was introduced as a voluntary pilot program in six states in 1996 and has since been expanded, with nearly 1 million employers at over 2.4 million hiring sites now using the program.

Secondly, E-Verify holds employers accountable for hiring illegal aliens. The current employment eligibility screening process is inadequate, as it relies solely on an employer's inspection of identification documents. E-Verify, on the other hand, is a sophisticated identification technology that ensures businesses cannot hire illegal workers with impunity.

Additionally, E-Verify has been found to be more than 99% effective at screening out illegal workers. This high level of accuracy makes it a reliable tool for curbing illegal entries and overstays.

Furthermore, E-Verify has gained bipartisan support. Both Republican and Democratic lawmakers have endorsed the need for mandatory employment verification based on biometric identification. This suggests that E-Verify could become law if both parties work together, despite facing opposition from some members of both parties.

Finally, E-Verify has been successfully implemented in numerous states, including Alabama, Arizona, Florida, Georgia, and North Carolina, with varying levels of penalties for non-compliance. The effectiveness of E-Verify in these states demonstrates its potential to be a powerful tool in curbing illegal entries and limiting nonimmigrant overstays on a national scale.

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