Mandatory E-Verify refers to a proposed or implemented policy requiring all employers to use the E-Verify system to confirm the work authorization of their employees in the U.S. The system, operated by the Department of Homeland Security (DHS) and the Social Security Administration (SSA), checks information from an employee’s I-9 form against government databases to verify their legal status to work. E-Verify is not currently mandatory for all employers nationwide, but some federal contractors and employers in certain industries must use it. Some states, like Arizona, Florida, Alabama, South Carolina, and Georgia, have made E-Verify mandatory for some or all employers.
If E-Verify becomes mandatory, there may be an increased reliance on the H-2A agricultural worker program, which is also quite costly for farm employers. If implemented, there could be a reduction in the available workforce, which could impact the food and agriculture sector due to its reliance on undocumented and seasonal migrant workers. Farmers might also face higher labor costs due to less available workers or the need to hire legal, documented workers at higher wages. There are also concerns regarding potential identity theft and document fraud in response to a stricter verification process.
Arguments for E-Verify include that it creates a fair labor market for legal workers, reduces illegal employment and ensures a legal workforce and strengthens national security by preventing unauthorized employment.
Technology can be a barrier to E-Verify as it is an online system, so employers in areas with poor or no internet access may struggle to use it efficiently. Additionally, small businesses or employers without dedicated HR or IT staff may find navigating the system and integration with their existing HR or payroll systems challenging.
Questions to consider
- What immigration reforms would provide farms with a stable, legal workforce without adding excessive costs or bureaucracy?
- How can the H-2A program be improved to better meet the seasonal and long-term labor needs of agriculture?
- If E-Verify were mandated, what safeguards or transition measures would farms need to avoid labor shortages and production losses?
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