WHAT MANDATORY E-VERIFY MAY MEAN TO THE UNDOCUMENTED AND OVERSTAYED

On January 24, 2017, the Daily Caller reported that Senator Chuck Grassley has introduced a bill (The Accountability Through Electronic Verification Act) to mandate the use of the E-Verify system by employers throughout the United States.

E-Verify as it exists today, is a free voluntary internet-based system which allows employers to forward data from an employee's I-9, Employment Eligibility Verification Form, to the Department of Homeland Security in order to determine whether the employee is properly authorized for employment in the United States. Such a law would potentially reveal not only non-citizens' permission, or lack thereof to accept employment, but more fundamentally, their authorization to remain in the United States.

One of the central tenets of Donald Trump's presidential campaign agenda (in the guise of putting Americans first) was a promised crackdown on foreigners who work unlawfully in the US. I am not sure however, that there is adequate statistical information as to the numbers of undocumented working at all levels of our economy. The sudden removal of this group of workers from the economy (as mandatory E-Verify would guarantee) might also bring segments of the U S economy to a standstill.

But what of those undocumented who are identified as working unlawfully? In Trump's America, mandatory e-verify would conceivably be another tool to facilitate the removal of non-citizens from the United States. Most individuals who work unlawfully, do so because they lack lawful immigration status in the United States. Those who lack such status, are by definition "removable" and hence, once exposed, would likely be placed in "Removal Proceedings" to ultimately determine whether they should be permitted to remain or not..

The most detrimental aspect of mandatory E-Verify is its ability to identify not only those who have worked unlawfully, but those who, in their desperation to secure such employment, have falsely claimed to be US Citizens in the acquisition of that employment. The false claim of citizenship is one of the more serious immigration violations with which a non-citizen might be charged, since it carries a host of non-waivable penalties, such as removal and inadmissibility, and may also in some circumstances expose the alien to criminal liability for fraud. Many non-citizens are unaware of the harsh consequences of the false claim of citizenship because historically, employers have not been required to reveal the disclosures their employees make about their immigration status for the purpose of their employment.

Radical change in this regard may be in the wind. In general, non-citizens should not base their actions on the anecdotal experiences of friends or relatives who may simply have gotten away with any number of immigration violations. Where eligibility for employment is in question, or the non-citizen is presently unlawfully employed, he or she should consult with an experienced immigration attorney immediately.

Where a non-citizen is aware of his or her unlawful employment and/or potential false claim of citizenship, an announcement that the employer will be participating in E-Verify may be an invitation to immediately depart such employment before their information is submitted to DHS. However, the precise approach (if any) the government might take to mandatory E-Verify remains to be seen. It is conceivable I suppose, that employers could be asked to submit records for employees over a certain time-frame, whether a former employe remain employed or not.