To E-Verify, or Not to E-Verify
To E-Verify, or Not to E-Verify
A legal battle looms over a White House push to make all U.S. contractors screen workers with the Web-based system run by the government.
By Jonathan N. Crawford, Researcher-Reporter, the Kiplinger letters
September 8, 2008
The Bush administration keeps pushing to require E-Verify employment checks.
And business keeps pushing back. Employers don't like the database system that is supposed to enable firms to verify Social Security numbers and green cards.
The latest clash is over a proposed rule that would require federal contractors, including many small businesses, to screen all their workers with the government Web-based system.
It's a replay of an earlier White House attempt to crack down on all employers that might be hiring illegal immigrants. The administration lost that one in court, and it'll likely lose this one, too, one way or another. An extended legal wrangle will postpone implementation until a new administration can take another look.
Opponents will likely sue to block the rule, arguing that the president doesn't have the authority because Congress made E-Verify voluntary.
They also say the program is unreliable and costly, especially for smaller firms. Small business groups say the costs cut into small businesses' margins, reducing their ability to successfully compete for federal contracts.
"Our profit margins are already so low. Why would small businesses even bother with this? To keep federal procurement competitive, you need to make it easy for small business," says Karen Kerrigan, president and CEO of the Small Business & Entrepreneurship Council.
"Federal procurement is so complex as is, looking for contracts…complying with federal government rules. This is just another barrier," she adds.
Although the system is free to use, opponents say costs add up from the man-hours it takes to comply with all of the requirements and the legal fees that stem from negotiating contracts under the new rule. They note that only about 70,000 employers are signed up to use the E-Verify program -- nearly 12 years after it was launched.
Critics argue that the system is clearly not foolproof as was shown after a raid on a Swift & Co. meatpacking plant that used E-Verify. Authorities found that several employees at the company gamed the system by using false Social Security numbers and stolen identities.
Business groups fret that glitches in the system would get even worse once hundreds of thousands of contractors began using it. However, the feds say the system is ready for the extra load. Moreover, a photo feature will be added, allowing for easier detection of identity theft. It will let an employer check the photo on his or her new hire's Employment Authorization Document (EAD) or green card against the approximately 15 million images stored in immigration databases maintained by the Department of Homeland Security.
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