What does Preamble of S 1151 do?

This bill is formally titled 'A bill to expand the use of E-Verify to hold employers accountable, and for other purposes.'

What does SHORT TITLE; TABLE OF CONTENTS. of S 1151 do?

This Act is formally titled the Accountability Through Electronic Verification Act.

What does PERMANENT REAUTHORIZATION. of S 1151 do?

This section amends Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The amendment removes the provision that would terminate a pilot program on September 30, 2015 unless Congress otherwise provides. This action effectively reauthorizes the pilot program permanently.

What does MANDATORY USE OF E-VERIFY. of S 1151 do?

This section amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to mandate the use of E-Verify. Federal government departments and agencies are required to participate in E-Verify. Federal contractors are also required to participate in E-Verify. The Secretary of Homeland Security must assess and designate 'critical employers' based on homeland or national security needs, and these employers will be required to use E-Verify within 30 days of designation. All employers in the United States will be required to participate in E-Verify for all employees hired on or after one year after the enactment of the Accountability Through Electronic Verification Act. Employers using contract labor must certify that all parties involved use E-Verify. The Secretary of Homeland Security can require specific employers or classes of employers to participate in E-Verify before the general mandate if there is reasonable cause to believe they are violating immigration laws. Employers subject to early E-Verify requirements will receive written notification and training materials.

What does CONSEQUENCES OF FAILURE TO PARTICIPATE. of S 1151 do?

This section amends Section 402(e)(5) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to address consequences for entities failing to participate in E-Verify. Failure to comply with E-Verify requirements is treated as a violation of existing immigration laws. Penalties for violations under Section 274A of the Immigration and Nationality Act are increased, with higher amounts for more severe violations. A rebuttable presumption is created that a failure to comply with E-Verify constitutes a violation of specific sections of the Immigration and Nationality Act. Employers may have penalties waived or reduced if they demonstrate good faith. The Secretary of Homeland Security can debar repeat violators or those convicted of crimes related to immigration law from receiving federal contracts, grants, or cooperative agreements. Criminal penalties for engaging in a pattern or practice of immigration law violations are established, including fines and imprisonment. The Secretary of Homeland Security, rather than the Attorney General, is now responsible for enforcing certain criminal penalties.

What does PREEMPTION; LIABILITY. of S 1151 do?

This section amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. It prohibits state or local governments from preventing the use of E-Verify to verify employment authorization. It provides liability protection for entities that participate in E-Verify and take employment-related actions based on information provided through the system, provided they act in good faith.

What does EXPANDED USE OF E-VERIFY. of S 1151 do?

This section amends Section 403(a)(3)(A) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Employers may verify the employment eligibility of an individual through E-Verify before hiring, with the individual's consent. If an employer receives a tentative nonconfirmation, they must provide the individual with notification, referral instructions, and allow them to contest the finding, without adverse action. Employers must verify employment eligibility through E-Verify within 3 days of hiring, recruitment, or referral. Within one year of the Accountability Through Electronic Verification Act's enactment, the Secretary of Homeland Security will require all employers to use E-Verify for any unverified employee.

What does REVERIFICATION. of S 1151 do?

This section amends Section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. It requires entities participating in E-Verify to reverify the work authorization of individuals. Reverification must occur no later than 3 days after an individual's employment authorization is scheduled to expire. The timing of expiration is indicated by the Secretary or documents provided to the employer.

What does HOLDING EMPLOYERS ACCOUNTABLE. of S 1151 do?

This section amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. It establishes consequences for employers who continue to employ, recruit, or refer individuals after receiving a final nonconfirmation through E-Verify. Employers receiving a final nonconfirmation must terminate employment and submit relevant information to the Secretary. Continued employment after nonconfirmation creates a rebuttable presumption of violation of section 274A of the Immigration and Nationality Act. The Director of U.S. Citizenship and Immigration Services must submit a weekly report to the Director for U.S. Immigration and Customs Enforcement. This report includes identifying information for individuals receiving final nonconfirmation and their employers. The Secretary of Homeland Security will use this information to enforce immigration laws.

What does INFORMATION SHARING. of S 1151 do?

This section establishes a program for information sharing among the Commissioner of Social Security, the Commissioner of Internal Revenue, the Secretary of Homeland Security, and the Secretary of the Treasury. The program's purpose is to identify unauthorized aliens. The agencies must establish the program within one year of the Act's enactment. Shared information may include no-match letters and data from the earnings suspense file.

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Accountability Through Electronic Verification Act — S. 1151

Last updated: 3/26/2025 · Introduced: 3/26/2025

Author: Chuck Grassley (R-IA)

TL;DR (AI)

The bill permanently reauthorizes a pilot program related to E-Verify.
It mandates the use of E-Verify for all U.S. employers, including federal government departments, agencies, and contractors, within a year of enactment.
Failure to comply with E-Verify requirements will be treated as a violation of immigration laws, with increased penalties and potential debarment from federal contracts.
The bill prohibits states and local governments from preventing the use of E-Verify and provides liability protection for employers who participate in good faith.
It establishes an Employer Compliance Inspection Center within U.S. Immigration and Customs Enforcement to standardize worksite enforcement and proactively investigate related crimes.

119th Congressin committeeOfficial page

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Includes provisions on preamble, short title; table of contents., and 13 more.

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