McCaskill Bill Would Require Use of E-Verify

Following her years-long effort to mandate the use of the Electronic Verification (E-Verify) system, U.S. Senator Claire McCaskill introduced the E-Verify System Act of 2018 this week, which would require all employers to use the E-Verify system to ensure that newly hired employees are either United States citizens or foreign nationals authorized to work in the U.S. legally.

“Creating a system that allows employers to verify the work status of their employees is a commonsense step and something that we can and should come together to address,” said McCaskill, the top-ranking Democrat on the Homeland Security and Governmental Affairs Committee. “The fact that the current system is voluntarily and haphazardly enforced creates more incentive for illegal immigration and allows too many businesses to easily skirt the law.”

The murder of Brooklyn (IA) girl Mollie Tibbetts by an immigrant worker prompted the renewal of calls to push for tighter verification standards. The case reignited the immigration debate; there was question over whether the suspect, Christhian Bahena Rivera (24) was in the country legally. His attorney, Allen Richards, says he was and is seeking a gag order in the case, fearing the poisoning of potential jurors. The Bureau of Immigration and Customs Enforcement and his employer say he was not. He is being held on $5 million bond.

Under current law, employers are required to examine documents presented by new hires to verify their identity and work authorization, but the current process is broken and often people fall through the cracks. The bill, which McCaskill introduced with Senator Heidi Heitkamp (D-N.D.), would allow employers to electronically verify the identity and work eligibility of new employees by comparing information from workers’ work eligibility documents (such as Social Security cards or drivers’ licenses) to information in Department of Homeland Security and Social Security Administration records for that individual. While it is currently unlawful to hire an individual without proper work status, the current E-Verify system is voluntary and enforcement is haphazard.

McCaskill’s bill makes the use of the E-Verify system mandatory for all employers, strengthens the program by using a facial photo and other information specific to an individual, and includes additional robust protections to address privacy and information security.