Feature Article:
Do Gaps in E-Verify Justify a National ID?
By Stuart Anderson, an adjunct scholar at the Cato Institute and executive director, National Foundation for American Policy.
A recent report on E-Verify, which seeks electronically
to verify lawful work status in the United
States, indicates a significant gap remains in the
system’s ability to prevent illegal immigrants
from being hired. That and other problems with
the system are not new but have taken on new urgency with
Members of Congress seeking to require all U.S. employers to
use E-Verify. This gap in the system is likely to increase calls for
a National ID card.
In 1986, Congress made it against the
law for U.S. employers to knowingly hire a
person who is not authorized to work in the
United States. This “employer sanctions”
law failed to reduce illegal immigration.
Some argue these provisions have not been
sufficiently enforced. Others point out employers
are not document experts and can
violate civil rights laws if they excessively
scrutinize the documents presented to them.
Some hope a way around the false document
and civil rights dilemmas is to require
employers to use the electronic verification
system known as E-Verify. In theory, the system is voluntary.
However, the federal government, along with some state legislatures,
has started to require employers to use E-Verify. Federal
contractors, for example, cannot receive U.S. government contracts
unless they utilize E-Verify.
To start using E-Verify, an employer must enter into a
Memorandum of Understanding (MOU) with the federal government,
specifically the Department of Homeland Security’s
(DHS) U.S. Citizenship and Immigration Services bureau
(USCIS) and the Social Security Administration (SSA). After
enrolling, the employer transmits information electronically
on new hires that are checked against SSA and DHS databases.1
SHORTCOMINGS IN E-VERIFY
From an immigration enforcement perspective, the clearest
shortcoming in the system is that E-Verify cannot reliably prevent
people from using a false identity to appear eligible to
work even if they are ineligible. In a 2005 report describing the
Basic Pilot Program, the forerunner to E-Verify, the Government
Accountability Office (GAO) stated: “...the program
cannot currently help employers detect identity fraud... If an
unauthorized worker presents valid documentation
that belongs to another person
authorized to work, the Basic Pilot Program
may find the worker to be workauthorized.
Similarly if an employee presents
counterfeit documentation that contains
valid information and appears
authentic, the Basic Pilot Program may
verify the employee as work-authorized.”2
Changing the name of the program to EVerify
has not eliminated this problem.
A December 2009 report on E-Verify by
the consulting group Westat, which is on
contract to the U.S. Department of Homeland
Security, identified similar shortcomings in the system:
“Due primarily to identity fraud, the inaccuracy rate
for unauthorized workers is approximately 54 percent. Approximately
3.3 percent of all E-Verify findings are for unauthorized
workers incorrectly found employment authorized
and 2.9 percent of all findings are for unauthorized workers
correctly not found employment authorized. Thus, almost half
of all unauthorized workers are correctly not found to be employment
authorized (2.9/6.2) and just over half are found
to be employment authorized (3.3/6.2). Consequently, the
inaccuracy rate for unauthorized workers is estimated to be approximately
54 percent with a plausible range of 37 percent to
64 percent.”3
The Westat analysis reached the same conclusion
as the GAO: “This finding is not surprising,
given that since the inception of EVerify
it has been clear that many unauthorized
workers obtain employment by committing
identity fraud that cannot be detected by
E-Verify.4
U.S. legislators rarely abandon programs
that don’t work well, despite the costs or the
impact on law-abiding individuals. The more
typical response is to expand the program and
increase the burdens on taxpayers and affected
parties. In this case, the “affected parties” are
everyone in America who wishes to hold a job.
THE PATH TOWARD MAKING E-VERIFY MANDATORY
Legislation Congress considered in 2006
and 2007 would have mandated that all employers
eventually use E-Verify for new hires.
Some proposals in Congress have called for
verifying the legal status of all current employees
as well. Any future comprehensive immigration
reform legislation is almost assured to
include provisions to require employers to use
E-Verify.
Currently, approximately 180,000 employers
utilize E-Verify.5 While that sounds like a
large number it is not when one considers
there are more than 5.8 million firms that
employ one or more people in the United
States.6 That means only about 3 percent of
employers in America currently use E-Verify.
A NATIONAL ID CARD TO PLUG THE HOLES?
The idea of plugging any perceived gaps
in E-Verify and employer sanctions generally is
on the minds of elected officials. Discussing
their plans for immigration legislation in
a Washington Post op-ed, Senators Charles
Schumer (D-NY) and Lindsey Graham (R-SC)
write, “We would require all U.S. citizens and
legal immigrants who want jobs to obtain a
high-tech, fraud-proof Social Security card.
Each card’s unique biometric identifier would
be stored only on the card; no government
database would house everyone’s information.
The cards would not contain any private information,
medical information or tracking
devices. The card would be a high-tech version
of the Social Security card that citizens already
have.” 7
Employers would be compelled to use
the system. “Prospective employers would be
responsible for swiping the cards through a
machine to confirm a person’s identity and
immigration status. Employers who refused to
swipe the card or who otherwise knowingly
hired unauthorized workers would face stiff
fines and, for repeat offenses, prison sentences,”
write Schumer and Graham.8
CONCLUSION
When it comes to illegal immigration,
policymakers often present conflicting
narratives. Elected officials cannot decide
whether the problem is that employers are
unscrupulous or that they are honest but
unable to verify documents. Most of the
recent rhetoric emanating from Washington,
D.C., indicates elected officials think
most employers are cheats.
But if employers are dishonest, then the
easiest way to beat E-Verify, a National
ID card, or any other combination of systems
and documents is simply not to use them, hiring
workers “under the table.” The costs and
burdens then would fall on those who obey
the law, not on those who break the law.
Few are asking the more obvious question:
Wouldn’t the issue of unauthorized
workers be resolved if employers were simply
given access to a legal supply of workers who
are willing and able to work in the United
States? If a robust temporary visa program
were operating, almost all employers would
hire only legal and available workers. Such a
policy is far preferable to requiring 97 percent
of the population—legal immigrants,
native-born and naturalized citizens—to
carry National ID cards to make it more difficult
for 3 percent of the population to
work in the United States.
1 The MOU for E-Verify can be found at http://www.uscis.gov/files/nativedocuments/MOU.pdf
2 Government Accountability Office, Immigration Enforcement, August 2005, GAO-05-813, pp. 22-23.
3 Westat, Findings of the E-Verify Program Evaluation, Report Submitted to the U.S. Department of Homeland Security, December 2009, pp. xxx-xxi.
4 Ibid.
5 Ibid.
6 U.S. Census Bureau, data on employment size of employer and nonemployer firms, 2004.
7 Charles Schumer and Lindsey Graham, “The Right Way to Mend Immigration,” The Washington Post, March 10, 2010.
8 Ibid.
Click here to
view the entire April 2010 bulletin.
Jim Harper, Cato’s Director of Information Policy
Studies, Answers Some Key Questions About a
National ID Card
CATO: What are the key civil liberties
objections to a National ID card?
JIM HARPER: Put simply, a national ID system
would transfer power from individuals
to governments. Created to give the government
control over access to employment, a
national ID would quickly come to give government
control over access to health care,
financial services, gun ownership, housing,
and any other thing that Congress saw fit to
regulate.
The creation and operation of a national
ID system would have huge consequences for
privacy. Digital copies of our foundational
identity documents would go into government databases,
as well as copies of our biometrics – fingerprints,
iris scans, DNA, and such. Government
and businesses (which too willingly
share with governments) would require card
swipes from people regularly, creating deep
reservoirs of data about our comings and
goings, our purchases, our spending, our
communications, and so on.
The security issues around the card system
and these data-bases are immense, creating further
risks to the privacy of all Americans.
CATO: Is there evidence National ID cards
would be successful in eliminating illegal
immigration?
JIM HARPER: Using a national ID card to
control access to work would make life a little
more difficult for illegal immigrants, so it
could reduce illegal immigration by some
small amount. But a number of countermeasures
and complications mean that a national
ID would not chase illegal workers out of
the country.
For example, the already common practice
of working “under the table” would
increase. The undocumented workers that
now present someone else’s Social Security
Number would deepen these minor identity
frauds so they can get a national ID and
access valuable employment. Not only fraud,
but corruption of Department of Motor
Vehicles (DMVs) would increase. It’s worth
tens or hundreds of thousands of dollars
over a period of years to access legal work,
and a DMV worker might take a cut of that
in order to bring people into the “legal” system.
Given the value of having a national ID,
forgery networks would likely spring up to
produce high-quality fake documents.
There is a theoretical fix for each of these
problems, but every step to “strengthen” the
national ID and the background check system
would increase the burden and the privacy
intrusion on the law-abiding citizen.
CATO: Not that it necessarily matters to
lawmakers, but are National ID cards
likely to be costly for taxpayers? If so,
why?
JIM HARPER: To get their national ID,
American citizens would have to locate identity
documents buried deep in old files,
ordering new birth certificates and such
when these documents have been lost.
Americans would spend hours in line waiting
to be fingerprinted or digitally scanned into
the system. And Americans would have to
make multiple trips to enrollment centers
when their papers were found to be out of
order, taking time away from work, family,
and leisure to get their national IDs.
The Department of Homeland Security
estimated that implementation of the REAL
ID Act would cost over $17 billion dollars.
That was a modest proposal compared to the
biometric systems now being proposed,
which, given past state refusals in this policy
area, are likely to be built from the ground
up. Costs for a biometric national ID system
could easily top $100 billion and, given the
history of government programs, may reach
as high as $1 trillion over a period of years.
Click here to
view the entire April 2010 bulletin.
