Washington D.C. - Arkansas Senators Tom Cotton and John Boozman today reintroduced legislation that prevents illegal aliens from taking jobs meant for American workers and legal immigrants while ensuring employers have the tools they need to certify a legal workforce. The Accountability Through Electronic Verification Act would permanently authorize the E-Verify program, an internet-based system that assists employers in determining whether current or prospective employees are authorized to work in the United States. The bill requires employers to use E-Verify to determine eligibility of every employee.

The bill is co-sponsored by Senators Chuck Grassley (R-Iowa), Marsha Blackburn (R-Tennessee), Shelley Moore Capito (R-West Virginia), Mike Enzi (R-Wyoming.), Joni Ernst (R-Iowa), Cindy Hyde-Smith (R-Mississippi), Jim Inhofe (R-Oklahoma), James Lankford (R-Oklahoma.), Mike Lee (R-Utah), David Perdue (R-Georgia) and Roger Wicker (R-Mississippi). Representative Mo Brooks (R-Ala.) is introducing companion legislation in the House of Representatives.

"Most illegal immigrants come here in search of jobs, where they ultimately compete against working Americans in the job market, bidding down wages. Because illegal aliens are willing to work under the table for little pay and few benefits, crooked employers have a strong incentive to hire them, regardless of the law. Permanent, nationwide E-Verify will help us build an economy that works for American citizens, while eliminating a serious incentive for illegal aliens to come here in violation of our laws." Cotton said.

"E-Verify is a commonsense, cost-effective tool that provides employers with confidence during the hiring process while holding bad actors accountable when they try to cheat the system. It has a proven track record of success and should be permanently reauthorized and made mandatory for employers," Boozman said.

Currently, employers voluntarily submit information from an employee's Form I-9 to the Department of Homeland Security through the E-Verify system, which works in partnership with the Social Security Administration to determine worker eligibility. There is no cost for employers to use E-Verify. More than 750,000 businesses use the program today.

E-Verify was established in 1996 as a pilot program with employers in five states allowed to participate. The pilot program was reauthorized in 2001, expanded to employers in every state in 2003 under Grassley-authored legislation and reauthorized several times since 2008.

The Accountability Through Electronic Verification Act does the following:

  • Permanently reauthorizes the E-Verify program that was created in 1996.
  • Makes the program mandatory for all employers within one year of enactment, requires federal contractors and agencies to use the program immediately, and directs "critical employers," as identified by the Secretary of Homeland Security, to use the system within 30 days of designation.
  • Increases penalties for employers who break the law by hiring illegal aliens.
  • Reduces the liability that employers face if they participate in E-Verify when it involves the wrongful termination of an individual.
  • Allows employers to use E-Verify before a person is hired if consent is provided by the employee.
  • Requires employers to check the status of all current employees within 1 year.
  • Requires employers to terminate the employment of those found unauthorized to work due to a check through E-Verify.
  • Helps ensure that the Social Security Administration catches multiple uses of Social Security numbers by requiring them to develop algorithms to detect anomalies.
  • Establishes a demonstration project in a rural area or area without internet capabilities to assist small businesses in complying with the participation requirement.
  • Amends the criminal code to make clear that defendants who possess or otherwise use identity information not their own without lawful authority and in the commission of another felony is still punishable for aggravated identity fraud, regardless of the defendant's "knowledge" of the victim.
  • Requires employers to re-verify an employee's immigration status if the employment authorization is due to expire.
  • Establishes an Employer Compliance Inspection Center (ECIC) within ICE to streamline program audits and review compliance with worker eligibility laws.

Bill text is available HERE.