S.1196 - Accountability Through Electronic Verification Act112th Congress (2011-2012)
Summary: S.1196 — 112th Congress (2011-2012)
Introduced in Senate (06/14/2011)
Accountability Through Electronic Verification Act - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to make the E-Verify program permanent.
Requires: (1) federal departments, agencies, contractors, and critical employers to participate in E-Verify; (2) all U.S. employers to participate in E-Verify within one year of enactment of this Act; and (3) employers using a contract, subcontract, or exchange to obtain labor to certify that they utilize E-Verify.
Directs the Secretary of Homeland Security (DHS) to require the E-Verify participation of an employer or class of employers if the Secretary has reasonable cause to believe that the employer is or has been in material violation of the employment eligibility verification process under the Immigration and Nationality Act (INA).
Treats an employers failure to use E-Verify as a violation of the INA requirement to verify employment eligibility and creates a reputable presumption that the employer knowingly hired, recruited, or referred an illegal alien.
Increases civil and criminal penalties for specified hiring-related violations.
Establishes a good faith civil penalty exemption/reduction for certain hiring-related violations.
Authorizes the debarment from federal contract, grant, or cooperative agreement participation for employers who are convicted of specified hiring related crimes or who have repeatedly committed specified hiring-related violations.
Prohibits state and local governments from prohibiting employers from using E-Verify to determine the employment eligibility of new hires or current employees.
Authorizes the verification of individuals before they are hired, recruited, or referred if the individual so consents.
Requires employers to: (1) use E-Verify to verify the identity and employment eligibility of any individual who has not been previously verified through E-Verify not later than three years after enactment of this Act, (2) reverify the work authorization of individuals not later than three days after the date on which their employment authorization is due to expire, and (3) terminate an employee following receipt of a final E-Verify nonconfirmation and submit to DHS information the Secretary determines would assist in enforcing or administering U.S. immigration laws.
Requires: (1) U.S. Citizenship and Immigration Services (USCIS) to report weekly to Immigration and Customs Enforcement (ICE) regarding each person receiving a final E-Verify nonconfirmation; and (2) the Social Security Administration (SSA), DHS, and the Department of the Treasury (DOT) to establish an information sharing program.
Provides for elimination of the Form I-9 process.
Sets forth E-Verify design and operation requirements.
Amends the federal criminal code to: (1) provide that illegal aliens possessing or otherwise using false identification information not their own can be punished for identity fraud, and (2) subject a person who uses false identity information in furtherance of harboring or hiring illegal aliens to a fine and/or penalty of up to 20 years in prison.
Requires USCIS to establish a demonstration program to assist small businesses in rural areas or areas without Internet capabilities to verify employment eligibility through the use of publicly accessible Internet terminals.
Rescinds from all unobligated funds that have been appropriated for discretionary purposes an amount equal to the amount necessary to carry out this Act.