President Donald Trump's fiscal year (FY) 2019 budget would require all employers to use E-Verify—the government's electronic employment eligibility verification system—boost funding for immigration enforcement and create new fees and penalties for employers.
E-Verify is an online tool that allows employers to determine if employees and applicants can work in the United States. It has a nearly perfect accuracy rate and is currently required for federal contractors and in a handful of states.
The budget calls for $570.9 million to hire 2,000 additional Immigration and Customs Enforcement (ICE) officers, including $208 million for 300 additional worksite investigators.
Enforcement would be funded by a 35 percent increase in penalties for knowingly employing undocumented workers.
The plan also includes an idea to establish a "workload-based funding source" for the labor certification process at the Department of Labor by charging employers that want to hire temporary foreign workers fees when they seek labor certification. Labor certification is currently funded by appropriations only. These new fees would help prevent recurring administrative backlogs, according to the White House.
Congress reviews presidential budgets and considers them a blueprint of the administration's priorities, but comes up with the nation's spending targets on its own.
SHRM Supports E-Verify
House Republicans introduced legislation in 2017 that would require employers across the country to use E-Verify. The Society for Human Resource Management supports the bill.
Worksite Immigration Enforcement Expected to Increase
ICE wants employers to understand that, going forward, the agency will increase Form I-9 audits, conduct more worksite raids and promote involvement in the government's voluntary compliance program.
Be Ready for Workplace Inspections
Employers can avoid big fines by developing a comprehensive I-9 compliance program, which should include training, self-audits and an investigation-day action plan.
Prepare for Form I-9 Audits
HR professionals involved in hiring and employment verification should ensure that they are ready for a worksite audit. This online overview of employment eligibility laws and regulations, covering both the Form I-9 and the E-Verify system, will help.
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