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Senate stimulus bill lacks House's E-Verify provision

The Senate's $838 billion economic stimulus package approved today would not require E-Verify employment verification for all contracts created through stimulus funding; the House version of the measure has that requirement.

Specifically, the House approved language in its measure specifying that none of its $820 billion stimulus funds may be used to enter into a contract with an entity that does not participate in E-Verify.

The E-Verify program, jointly run by the Homeland Security Department and Social Security Administration, allows employers to electronically submit Social Security numbers for new hires and existing employees. If there is a match, the employee is deemed eligible to work. If not, there are procedures for further assessments.

The program has been criticized for relatively high error rates in the government databases used to determine initial eligibility. A DHS study determined that about 4,000 U.S. workers in every 1 million would be initially denied eligibility because of the database errors.

Advocacy groups are lobbying both for and against E-Verify, which is also known as Basic Pilot. About 100,000 employers have volunteered to participate in the program.

Supporters of the E-Verify provision argue that it would help direct jobs to U.S. citizens rather than illegal aliens. “It would be unconscionable for Congress to spend more than $800 billion of borrowed money without including minimal protections to ensure that the money puts Americans back to work," Dan Stein, president of the Federation for American Immigration Reform, said in a statement today.

However, the Immigration Policy Center warns that the high error rates will slow the stimulus effect and jeopardize U.S. workers who might be erroneously deemed ineligible to work.

“The fact is: expanding E-Verify now would decelerate the Stimulus Package and slow America’s economic recovery,” the policy center said Feb. 5. “Advocating for expansion of a deeply flawed program is irresponsible and antithetical to the U.S. worker.”

A national business group representing a large number of federal contractors has been fighting E-Verify in a lawsuit. Under an executive order from President George W. Bush, about 168,000 federal contractors were to begin using E-Verify Jan. 15, but that deadline was pushed back to May 20. The order pertains to federal contracts worth more than $100,000 and subcontracts worth more than $3,000.

The U.S. Chamber of Commerce and other plaintiffs filed the lawsuit in the U.S. District Court for the District of Maryland.

About the Author

Alice Lipowicz is a staff writer covering government 2.0, homeland security and other IT policies for Federal Computer Week. Follow her on Twitter: @AliceLipowicz.

Reader comments

Sun, Feb 15, 2009

I did not believe that they would do this to us. I thought our nation's problem was serious. I thought we were all pitching together to bail out of this thing - and it appears as though the stimulus is just another bowing down to big business interests. Wence went Obama's pre-election talk about business' control of government? Obama, just another politician who says one thing and does another. I guess we should have expected it.

Fri, Feb 13, 2009 Cincolaters

There are a few things to remember about E-Verify, before everyone starts getting up in arms about keeping it or killing it. 1) E-Verify can NOT be used before a person is hired. It can only be used AFTER they have accepted employment and the deal is done. Furthermore, it is very tricky to fire a person, legally, b/c the e-verify report comes back and the status is undocumented, the employer faces a whole new set of challenges (privacy, etc) in what the next steps are. 2) E-Verify is relatively easy to bypass with good fake documents. Currently, HR dept's are to visually verify a document's authenticity (DL, SS card, etc) by comparing it to a book of ID's, or - best case scenario - a sample picture of an ID comes up on their computer screen they can match it to. I don't know about you - but I got a fake ID in high School to get into bars no problem ... 20 years ago. 3) Savvy and unscrupulous employers are using E-Verify to their advantage - because they are actually granted almost total IMMUNITY to criminal charges if they are found to have an undocumented worker who passes e-verify.. and it's easy to pass it. It's a get out of jail free card for the factory owner. In all, it's a valiant effort and a good first step - but the misconception of e-verify being used to "pre-screen" applicants is patently misleading and false.

Wed, Feb 11, 2009 Net Tech Central US

4,000 out of 1,000,000 is only a 0.4% error rate. That sounds like an extremely low error rate. I wish everything the government did was that accurate. I agree with "Tech Worker", this sounds like a push in favor of 'big business'.

Wed, Feb 11, 2009 borderraven

If you have not applied for a USA passport, then do it. Costs about $100, and it is good for ten years. Verifies employment eligibility and gives access to federal buildings and aircraft. Also it gets you back in the USA, should you leave the country. Go to a CVS drug store, or photo studio and get a passport photo. Dowmload the form online, then apply at your post office.

Wed, Feb 11, 2009

How about 0.4%. And that's only employees who would require follow-up; not saying they wouldn't get the job.

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