Budget bill has E-Verify provision, no mandate to use

The Consolidated Appropriations Act (H.R. 244), has been passed by Congress and sent to the President. The bill makes funds available for the E-Verify program for procurement of and improvements to physical and technological infrastructure. The applicable House and Senate Reports direct U.S. Citizenship and Immigration Services (USCIS) to include on its website statistics showing E-Verify use across the Nation. At a minimum, the website should include basic analytics and descriptive statistics functions, such as graphics and tables showing the number and percentage of employers in each State using E-Verify, the adoption rates by industry, and the number of cases processed each year.
In addition, according to the Reports, the growth in E-Verify use by employers has significantly increased from fewer than 25,000 employers in fiscal year 2007 to more than 652,561 as of April 2016, with an average of more than 1,300 new employers enrolling per week. E-Verify processed 31,000,000 cases in fiscal year 2014, a more than seven-fold increase from the 4,000,000 cases processed in fiscal year 2007. So far in fiscal year 2016, E-Verify processed more than 18,000,000 cases. (H.R. 244, Consolidated Appropriations Act, 2017; H.Rpt. 114-668, July 6, 2017; SRpt. 114-264, May 26, 2017.)

No mandate to use E-Verify yet

Immigration is a priority for President Trump and in the 10-point plan on immigration released prior to the election, he said he would “turn off the jobs and benefit magnet.” This is widely interpreted to mean an expansion of the use of E-Verify. A handful of states make the use of E-Verify mandatory for some. Legislation (S.B. 1032) has been introduced as recently as April 21, 2015, that would make E-Verify mandatory for every employer. Note also that, Trump will be appointing the Special Counsel to the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) who is in charge of the E-Verify and Form I-9 programs.

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