S.1151 - Accountability Through Electronic Verification Act (119th Congress)
Summary
S.1151, the Accountability Through Electronic Verification Act, aims to expand the use of E-Verify to hold employers accountable for verifying the legal work status of their employees. The bill mandates E-Verify use for federal agencies, contractors, and eventually all employers in the United States. It also increases penalties for employers who fail to comply with E-Verify requirements or who hire unauthorized workers.
Furthermore, the bill includes provisions for information sharing between government agencies to identify unauthorized aliens and establishes an Employer Compliance Inspection Center. It also seeks to improve the design and operation of the E-Verify system and addresses identity theft related to immigration.
Expected Effects
The primary effect of this bill would be a significant increase in the use of the E-Verify system by employers across the United States. This would likely lead to a reduction in the employment of unauthorized workers and potentially increase the employment of authorized workers.
Additionally, the bill could lead to increased scrutiny of employers and increased penalties for non-compliance with immigration laws. The information sharing provisions could also lead to more effective enforcement of immigration laws.
Potential Benefits
- Reduces the employment of unauthorized workers, potentially opening up jobs for legal residents and citizens.
- Enhances national security by making it more difficult for unauthorized individuals to obtain employment.
- Improves the integrity of the employment verification process through enhanced E-Verify system design and operation.
- Creates a more level playing field for businesses by ensuring that all employers are held to the same standards for verifying employment eligibility.
- Strengthens enforcement of immigration laws through increased information sharing between government agencies.
Most Benefited Areas:
Potential Disadvantages
- Creates additional burdens and costs for employers, particularly small businesses, who must comply with the mandatory E-Verify requirements.
- Could lead to discrimination against workers who appear foreign-born or who have difficulty providing the required documentation.
- May result in errors in the E-Verify system that lead to the wrongful termination of authorized workers.
- Raises privacy concerns due to the increased collection and sharing of personal information.
- Could negatively impact certain sectors of the economy that rely heavily on immigrant labor.
Constitutional Alignment
The bill's constitutionality is complex. While the federal government has broad authority over immigration matters, some aspects of the bill could raise concerns related to individual liberties and due process. The increased penalties and potential for wrongful termination could implicate due process rights under the Fifth Amendment.
The Tenth Amendment reserves powers not delegated to the federal government to the states, and the preemption of state laws regarding E-Verify could be challenged. However, the Supreme Court has generally upheld federal laws that regulate immigration, citing the Necessary and Proper Clause (Article I, Section 8) to carry out its enumerated powers.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).