Since its inception, the Department of Homeland Security (DHS), has promoted E-Verify, a free, web-based program that “verifies” whether an individual is legally permitted to work in the United States, as “the best means available to determine the employment eligibility of new employee hires,” and “a smart, simple and effective tool.” Originally established as a voluntary pilot program required only for federal contractors, E-Verify is now mandated for use by all employees in Arizona, Mississippi, Alabama and South Carolina and for many employees in about a dozen other states.
The program is bolstered by the Supreme Court’s ruling in Whiting v. Chamber of Commerce, which holds that Arizona’s requirement of E-Verify was not preempted by federal law. Recently, Congressman Lamar Smith introduced the Legal Workforce Act of 2011, which would require all employers throughout the United States to use E-Verify during the onboarding process. E-Verify’s meteoric rise in popularity is apparently attributable to a United States citizenry that is increasingly concerned about access to a scarcity of jobs. The eagerness to find the “magic bullet” that will help solve intractable immigration problems has perhaps inhibited any debate over the negative externalities associated with E-Verify — most specifically, the burden it places on employers.
