I-9 Compliance Bulletin: E-Verify Mandate Legislation

There is a definite trend toward employers being required to use E-Verify® to confirm employment eligibility.  As it stands today, when not required by state law or Federal Contracts, employers have the option of voluntarily using the E-Verify system to confirm, proactively, the employment eligibility of new employees.  Currently, 27 states require some, or all, employers to use E-verify as part of their hiring programs, and that number will likely trend higher.  Already this year, 7 states have introduced bills to mandate the use of E-Verify for all or some employees, which is significantly higher than the past few years.

In addition to state requirements to use E-Verify, there is a federal effort underway that would mandate E-Verify for all U.S. employers.  Senator Chuck Grassley recently introduced a bill known as the Accountability Through Electronic Verification Act (ATEVA), to mandate E-Verify in the United States.  ATEVA would require employers to use E-Verify or face civil non-compliance penalties of $1,000 to $25,000 per violation.  Pursuant to the ATEVA, any person or entity that engages in a pattern or practice of violations would be subject to criminal penalties of $15,000 for each unauthorized alien hired, or face imprisonment for one to ten years, or both.  The ATEVA E-Verify mandate would go into effect one year after being signed into law and would also require all existing employees to go through E-Verify within three years of passage.

With President Trump’s focus on immigration reform, E-Verify and employer hiring practices will almost certainly be a hot issue for the next four years.   How are you currently navigating evolving state required E-Verify mandates?  Is your organization prepared to respond to a nationwide E-Verify mandate?

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