Call for mandatory use in effort to crack down on employment of illegal aliens
The fiscal year (FY) 2019 budget from President Trump’s White House calls for the mandatory use of the E-Verify system for all US employers. The E-Verify system is an Internet-based program run by the US Department of Homeland Security (DHS) that compares an employee’s Form I-9 (Employment Eligibility Verification) to data from the DHS and the Social Security Administration to determine their eligibility to work in the United States. A USCIS study of the program boasts a 99.7% accuracy rate and E-Verify use has already been mandatory for Federal contractors for many years.
Although presidential budgets are largely “suggestions” as the legislative branch creates its own spending targets for the nation, Congress does review the presidential budget and will take it into consideration as a blueprint for the administration’s fiscal priorities. The Trump White House has made immigration one of its focal points and this move is an effort to crack down on illegal aliens working in the US.
According to Christopher Calabrese, legislative counsel for the American Civil Liberties Union, the process of using E-Verify is not intended to part of a pre-screening system for applicants as, “You’re not supposed to do E-Verify until after you’ve hired someone.” Some worry that mandatory E-Verify checks will disproportionately affect low-wage, uneducated, and even legal alien workers but it remains to be seen if this will be the case given the claimed precision of the system.
In contrast to background screenings, E-Verify is supposed to only be run once after an offer of employment is made and accepted (no later than the third business day after the employee starts work for pay). This process is a supplement to Form I-9 and does not replace the rigorous background screening done by a trusted source during the employment decision making process.
This information is not intended to be legal advice. It is recommended that you speak with your Legal Counsel to ensure compliance with applicable law.
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