Yesterday, the House Education and Workforce Subcommittee on Workforce Protections held a hearing entitled, “E-Verify: Ensuring Lawful Employment in America.” Witnesses included Jaime Andress representing the Associated General Contractors of America (AGC), Chris Gamvroulas representing the National Association of Home Builders (NAHB), Jessie Hahn from the National Immigration Law Center (NILC), and Rosemary Jenks from the Immigration Accountability Project. Employer representatives from the AGC and NAHB described how their companies use E-Verify, stated that the system generally provides fast confirmations, and outlined challenges related to subcontractor oversight, identity fraud, and the need for clearer federal standards. They recommended restoring automatic work authorization alerts, expanding access to state driver’s license data for identity matching, allowing verification earlier in the hiring process, improving support for small businesses, and maintaining safe-harbor protections for employers who use E-Verify in good faith. AGC and NAHB also discussed ongoing construction labor shortages and the need for increased investment in career and technical education, apprenticeship pathways, and consideration of immigration reforms or visa programs to address workforce gaps.
Other witnesses focused on accuracy and worker impact issues associated with E-Verify. NILC’s Hahn cited federal evaluations showing higher tentative non-confirmation rates for naturalized citizens and other work-authorized noncitizens, noted the absence of an appeals process for erroneous final non-confirmations, and described cases where employers misused E-Verify by pre-screening applicants or re-verifying workers during labor disputes. She also referenced studies finding that state E-Verify mandates have shifted undocumented workers into informal employment as independent contractors and reduced tax reporting. The witness from the Immigration Accountability Project, Ms. Jenks, supported making E-Verify mandatory nationwide and codifying the federal contractor requirement. She highlighted USCIS data on E-Verify usage and confirmation rates and also recommended requiring state participation in sharing driver’s license data and directing SSA to notify individuals of suspected identity theft.