Trump's stance on E-Verify checks shifting over time
Employers remain cautious about how immigration policies will change under Trump, given his waffling over E-Verify checks and the potential for a DACA repeal.
Employers are bracing for stricter immigration policies and enforcement as President-elect Donald Trump prepares for office next month. A key question is whether the new administration will push Congress to mandate E-Verify checks nationwide as part of its broader crackdown on undocumented immigration.
Trump has not consistently committed to E-Verify. During his 2016 presidential campaign, he supported mandating the system for all employers. However, in a 2019 interview on Fox News, Trump called it a "tough thing" to impose on specific industries, particularly farming. "So in a certain way, I speak against myself, but you also have to have a world of some practicality," he said.
Yet, as recently as June, Trump's running mate, Vice President-elect JD Vance, co-sponsored a Republican bill in the Senate that would mandate E-Verify for all employers. That legislation stalled.
Far from simple
E-Verify is a federal system that cross-checks employee data with Social Security Administration and Department of Homeland Security databases to confirm work authorization. To use the system, employers input information from the I-9 Employment Eligibility Verification form -- a process that isn't simple.
It's a one-page government form that has a 130-page user manual.
Bill RileyPresident of compliance, Guidepost Solutions
"It's a one-page government form that has a 130-page user manual," said Bill Riley, president of compliance at Guidepost Solutions and a former assistant special agent in charge at U.S. Immigration and Customs Enforcement.
While E-Verify is good at detecting fictitious identities, Riley noted that it has limitations. The system is less effective in cases where real identities are paired with fake documents, such as altered driver's licenses.
Controversy surrounding E-Verify
E-Verify has long been controversial, with critics pointing to its inaccuracies and the administrative burden that it imposes on businesses. "E-Verify is seen as a burden by some employers, especially smaller ones, due to its administrative requirements," Riley said.
Employers using E-Verify must navigate "tentative nonconfirmations" when employee data doesn't match the system, which creates extra work. In some cases, a "final nonconfirmation" result might require the termination of an employee who lacks work authorization, said Dana DiRaimondo, an immigration attorney at DiRaimondo & Schroeder.
For some employers, E-Verify has some benefits. DiRaimondo said businesses hiring high-skilled STEM graduates under the Optional Practical Training program could extend those workers' employment by 24 months if they use E-Verify. She said the incentive is one of the system's "biggest carrots."
The greater worries
While E-Verify is a major concern for employers, Riley expressed greater worry about the Trump administration's potential to cancel some work immigration programs. For instance, the Deferred Action for Childhood Arrivals policy, established through executive order under former President Barack Obama, allows individuals brought to the United States as children -- often called "Dreamers" -- to receive renewable work permits and protection from deportation.
Since it was created by executive action, Trump could end DACA unilaterally. Repealing it could result in the loss of work authorization for approximately 530,000 DACA recipients, forcing employers to terminate many workers. Employers have also been worried about restrictions on other work visa programs, such as H-1B.
The uncertainty surrounding Trump's immigration policies, including E-Verify and DACA, has left businesses wary about what lies ahead. While Trump's rhetoric suggests stricter enforcement, DiRaimondo remains cautious about forecasting his next moves.
"I'm always wary of predicting what Trump might do, what policies he might like, what policies he might enforce," she said.
Patrick Thibodeau is an editor at large for TechTarget Editorial who covers HCM and ERP technologies. He's worked for more than two decades as an enterprise IT reporter.
