An Idea Whose Time Has Finally Come? The Case for Employment Verification

Although the Immigration Reform and Control Act of 1986 criminalized the employment of unauthorized immigrants, it failed to provide employers with the necessary tools to determine who is authorized to work and who is not. This brief provides a historical overview of attempts at implementing workplace enforcement in the United States before arguing in favor of a process not unlike credit-card verification that allows employers to swipe a card at the point of hire and receive a response in real time from the Social Security Administration informing them whether an employee is U.S. work authorized.

Based on lessons learned from over 20 years of good ideas, imperfect legislation, and failed implementation, the brief concludes that employment verification is and must be the capstone of a comprehensive immigration enforcement regime. It further suggests that recent technical advances and public attitudes appear to indicate that creating and implementing a simple, timely, and reliable swipe card system that balances ease of use with privacy protections is entirely possible. However, the new system will require help from the government to fund the initial implementation costs, require mandatory participation by businesses, enforce compliance through heavier sanctions, and guard against discriminatory practices.