The "Accountability Through Electronic Verification Act" mandates and expands the use of E-Verify for employment eligibility verification, increases penalties for hiring unauthorized immigrants, and enhances measures to combat identity theft and ensure employer compliance.
Charles "Chuck" Grassley
Senator
IA
The "Accountability Through Electronic Verification Act" mandates and expands the use of E-Verify for all employers in the United States, phasing in requirements for federal agencies, contractors, and critical infrastructure employers first. It increases penalties for employers who fail to comply with E-Verify or who hire unauthorized workers, and it protects employers from liability if they act in good faith based on E-Verify information. The act also includes provisions for information sharing between agencies, improvements to the E-Verify system, measures to combat identity theft, and the establishment of an Employer Compliance Inspection Center. Additionally, the bill requires reverification of employees' work authorization and simplifies the Form I-9 process.
Mandatory E-Verify for All US Employers Within a Year: What the Accountability Act Means for Hiring and Your Paycheck
The Accountability Through Electronic Verification Act aims to fundamentally change how hiring works in the U.S. by making the E-Verify system mandatory for all employers nationwide. Currently a pilot program, this bill makes E-Verify permanent (Sec 2) and sets a tight timeline: federal agencies and contractors must use it immediately, designated 'critical' employers within 30 days, and every other business, big or small, must be on board for all new hires within one year of the Act's passage (Sec 3). The core goal is to ensure everyone hired is legally authorized to work in the United States.
The Big Rollout: E-Verify Goes National
This isn't just about new hires down the road. The bill requires employers to run all current employees (not previously verified) through E-Verify within that first year as well (Sec 6). Once someone is hired, employers have just three business days to complete the E-Verify check. The system is also expanded for pre-employment screening – employers can check potential hires before an offer, provided the individual consents (Sec 6). If someone's work authorization has an expiration date, employers must re-verify it through E-Verify no later than three days after it expires (Sec 7).
What Changes for Employers (Big and Small)
The mandate applies universally, from multinational corporations to local restaurants and construction crews. Even businesses using contractors must certify that everyone involved uses E-Verify (Sec 3). Failure isn't cheap – it's treated as knowingly hiring an unauthorized worker, triggering hefty fines (Sec 4). For small businesses, particularly those in rural areas or places without reliable internet, there's a nod towards help: a demonstration program using publicly accessible internet terminals is proposed (Sec 13). However, the overall compliance burden and potential penalties represent a significant shift.
Higher Stakes: Beefed-Up Penalties and Enforcement
This Act dramatically increases the financial consequences for violations. Fines for knowingly hiring unauthorized workers jump significantly – starting at $2,500-$5,000 per employee for a first offense, up to $10,000-$25,000 for repeat offenses (Sec 4). Failure to use E-Verify creates a legal presumption that the employer knowingly hired an unauthorized worker. Repeat offenders can be barred from federal contracts. If an employee receives a 'final nonconfirmation' from E-Verify, the employer must terminate them and report their information to DHS for immigration enforcement (Sec 8). A new Employer Compliance Inspection Center within ICE will centralize audits and enforcement (Sec 14).
Your Data on the Move: More Agency Info-Sharing
To make E-Verify work, the bill mandates greater information sharing between key federal agencies within a year. The Social Security Administration, IRS, Department of Homeland Security, and Treasury Department will share data, including 'no-match letters' (where names and Social Security numbers don't align) and earnings data, specifically to identify unauthorized workers (Sec 9). The E-Verify system itself is slated for upgrades, including using algorithms to detect identity theft and fraud, comparing digital photos from documents like driver's licenses, and potentially using state motor vehicle records and vital statistics (birth/death records) for verification (Sec 11). While aimed at accuracy, this level of data sharing raises questions about privacy and the potential for errors.
States Step Aside: Federal Rules Take Priority
The Act explicitly prevents state or local governments from blocking employers from using E-Verify (Sec 5). This is known as 'preemption,' meaning the federal requirement overrides conflicting state or local rules. It also shields employers from liability if they terminate someone based on information received 'in good faith' from E-Verify, even if that information later turns out to be wrong (Sec 5). While potentially protecting businesses acting correctly, this could limit recourse for workers wrongly flagged by system errors.