Congress Extends E-verify Program

Oct 21, 2008

Congress included an extension of the Department of Homeland Security's (DHS) E-verify program in the continuing resolution that past on September 27, 2008. The continuing resolution funds the government until March 6, 2009; thus, the E-verify program will likely be addressed again at the beginning of the 111th Congress.

The E-Verify program has been available since 1996 and is currently voluntary for the private sector but mandatory for federal agencies to verify the legal working status of employees. The system is an Internet-based program that compares information on employment authorization forms, or I-9 forms, with the Social Security Administration and DHS databases.

The program’s scheduled expiration in March will likely set the stage for a larger debate on immigration issues. Members in each chamber offered legislation to address a wider range of immigration issues during the consideration of E-verify earlier this year. With a new administration, coupled with what many prognosticators believe will be a stronger majority for Democrats, there is a strong likelihood that the nation’s immigration laws will surface in the early months of 2009.

NSBA has raised concerns proposals to mandate the E-Verify system for all employers. Critics of the program point to a 4-6 percent error rate as evidence that the system needs additional refinements.

In June, the Federal Acquisition Regulation (FAR) Council published a proposed rule to require certain federal contractors and subcontractors to participate in the E-Verify system. Read more about the proposed rule here. NSBA filed comments on the FAR Council proposed rule which included questions on the efficiency of the system and what the aggregate impact would be on the small-business community if the program is expanded.