S. 1151: Accountability Through Electronic Verification Act

This bill, known as the Accountability Through Electronic Verification Act, focuses on expanding the use of the E-Verify system to verify employment eligibility and increase accountability for employers regarding immigrant hiring practices. Here are the primary provisions of the bill:

Permanent Reauthorization

The bill aims to permanently reauthorize the E-Verify program, which previously was subject to expiration unless renewed by Congress.

Mandatory Use of E-Verify

The bill requires:

• Federal Government: All federal departments and agencies must participate in E-Verify.
• Federal Contractors: Any entity entering into a contract with the federal government must also use E-Verify.
• General Employers: All employers must participate in E-Verify for all new hires starting one year after the bill’s enactment.
• Critical Employers: The Secretary of Homeland Security will identify and require certain critical employers, deemed essential for national security, to use E-Verify within 30 days of their designation.

Consequences of Non-Participation

If employers fail to comply with E-Verify requirements, this could constitute a violation under immigration law. The bill proposes increased penalties for noncompliance:

• Fines would increase significantly for violations, with minimums raised to $2,500, $5,000, and $10,000 depending on the number of violations.
• Employers who are repeat violators could face debarment from federal contracts.

Expanded Use and Verification Processes

The bill specifies that E-Verify must be used not only before hiring but also includes requirements for reverifying the employment authorization of current employees as their work permits expire. Employers must verify employees within three days of hiring and reverify before work authorization becomes invalid.

Holding Employers Accountable

The act enforces strict measures for employers who receive a nonconfirmation from E-Verify, which could include:

• Immediate termination of employees that receive final nonconfirmation.
• Mandatory reporting of the individual's information to authorities for further compliance actions.

Information Sharing

The bill requires federal agencies to collaborate and share information related to unauthorized employment, which is expected to improve the identification of individuals who are not authorized to work.

Form I–9 and E-Verify Operation Improvements

It mandates a review of the Form I–9 process to make it more user-friendly and efficient. Additionally, it ensures that the E-Verify system operates securely, safeguarding personal information and preventing identity theft.

Small Business Support

A demonstration program will be established to assist small businesses, particularly in rural areas or places with limited internet access, to verify employment eligibility using publicly accessible terminals.

Employer Compliance Inspection Center

The bill creates the Employer Compliance Inspection Center within Homeland Security Investigations to standardize penalties and oversee compliance audits for all employers.

By establishing these new requirements and enforcement activities, the bill aims to strengthen the integrity of the workforce in the United States and ensure that employers comply with immigration laws more effectively.

Relevant Companies

• CSCO (Cisco Systems, Inc.): As a significant employer, they may need to adapt their hiring practices to comply with the expanded use of E-Verify.
• IBM (International Business Machines Corporation): Their contractor relations and hiring practices may be impacted by the mandatory E-Verify requirements.
• AMZN (Amazon.com, Inc.): Being a large employer and federal contractor, they will need to ensure compliance with E-Verify for their numerous employees and contractors.