Yesterday, the Senate approved by voice vote an amendment (S. AMDT. 1371) to the Department of Homeland Security (DHS) appropriations bill (H.R. 2892) that would make the E-Verify program permanent. Currently a voluntary initiative, E-Verify is an Internet based system operated by DHS in partnership with the Social Security Administration (SSA) that allows employers to electronically verify the employment eligibility of potential and current employees. The amendment – introduced by Sen. Jeff Sessions (R-Ala.) – requires that all government contractors who do work for the federal government use E-Verify to screen their potential hires. Following introduction of the amendment, Sen. Charles Schumer (D-NY) criticized the E-Verify program, saying that it is a flawed system that “creates havoc for both employers and employees.” Because, Schumer alleged, identification can be easily faked using stolen Social Security numbers, employers who accept documentation on good faith have no guarantees under the current system that they won’t be targeted by Immigration and Customs Enforcement (ICE) for hiring illegal aliens. Schumer has been a strong proponent of a biometric-based federal employment verification system. Schumer’s motion to table Sen. Sessions’ amendment was rejected by a vote of 53-44. The House of Representatives’ version of the DHS appropriations bill had included a 2-year extension of E-Verify, so it is uncertain at this point whether a limited or permanent E-Verify extension will be approved in the final appropriations bill.

The Senate vote fell on the same day the DHS Secretary Janet Napolitano announced that the Administration supports a regulation that would require all federal contractors to use E-Verify. In a DHS press release, Napolitano stated that “E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce. Requiring those who seek federal contracts to use this system will create a more reliable and legal workforce.” The federal contractor rule advocated by the DHS would extend the use of E-Verify to covered federal contractors and subcontractors, including those who receive funds provided by the American Recovery and Reinvestment Act, otherwise known as the economic stimulus package. According to the press release, “the administration will push ahead with full implementation of the rule, which will apply to federal solicitations and contract awards Government-wide starting on September 8, 2009.” At the same time, the DHS plans to rescind its Social Security No-Match Rule, which was never implemented and had been blocked by a court order.

The Senate yesterday also approved by voice vote an amendment (S. AMDT. 1407) introduced by Sen. Patrick Leahy (D-VT) to make the EB-5 Regional Center Pilot Program permanent. EB-5 visas are awarded to qualified foreigners seeking to invest at least $1 million (or in certain circumstances, $500,000) in a business that will benefit the U.S. economy and create or save at least 10 full-time jobs.