The College Employment Accountability Act ensures colleges and universities don't receive federal aid if they employ unauthorized aliens or fail to use E-Verify.
Jim Banks
Senator
IN
The College Employment Accountability Act aims to ensure that institutions of higher education do not employ unauthorized aliens. It mandates that these institutions participate in the E-Verify Program and makes them ineligible for federal student and institutional aid if they violate employment laws related to unauthorized aliens. The Department of Homeland Security will monitor institutions' compliance and notify the Department of Education of any violations.
This proposed legislation, the "College Employment Accountability Act," introduces new rules for colleges and universities regarding immigration law and employment verification. In short, it mandates that institutions of higher education use the E-Verify system to check the work authorization status of their employees. Critically, it links compliance with this requirement, and with existing laws against hiring unauthorized workers, directly to their eligibility for federal student aid and institutional funding.
The core change here is the mandatory participation in the E-Verify Program for all higher education institutions (SEC. 3). E-Verify is a federal electronic system run by U.S. Citizenship and Immigration Services (USCIS) that allows employers to confirm if someone is legally eligible to work in the United States. The Department of Homeland Security (DHS) is tasked with checking every six months to see if colleges are actually using the system (SEC. 4). If DHS finds an institution isn't participating, or if it determines the institution has violated Section 274A of the Immigration and Nationality Act (the part dealing with unlawfully employing unauthorized individuals), it must notify the Department of Education within 10 days.
Here’s where it gets serious for both schools and students. If an institution is found to be out of compliance – either by not using E-Verify or by employing unauthorized workers – it becomes ineligible to receive federal student assistance or federal institutional aid (SEC. 2). This isn't just a slap on the wrist; it could mean losing access to major funding streams that support Pell Grants, federal student loans, work-study programs, and direct institutional grants. The real-world impact? If a college loses this funding, it could significantly affect its budget and potentially make attending that school much harder, or impossible, for students who depend on federal financial aid.
While the goal is likely to ensure compliance with immigration employment laws on campus, the implementation raises practical points. Colleges will face the administrative task of integrating E-Verify into their hiring processes (SEC. 3). There's also a concern, noted in similar contexts, that mandatory E-Verify could inadvertently lead institutions to be overly cautious, potentially resulting in discriminatory hiring practices if they shy away from candidates perceived as complex cases, even if legally authorized to work. The most significant potential fallout, however, remains the funding cutoff (SEC. 2), which could disproportionately affect institutions serving large numbers of low-income students who rely heavily on federal aid.