Marc R. Rosenblum. MPI Webinar July 30, E-Verify: Analysis and Recommendations for Reform

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1 Marc R. Rosenblum Migration Policy Institute MPI Webinar July 30, 2009 E-Verify: Analysis and Recommendations for Reform

2 Overview of Talk Background on E-Verify Analysis of the current system Two sets of recommendations Short-term reforms to existing program Long-term pilot programs for next generation of E-Verify Legislative/regulatory update

3 Before I Begin Acknowledgments The limits of electronic verification For more information: er pdf cfm?id=726

4 Background on E-Verify Legislative history Policy issues How the system works Current users

5 Background on E-Verify Legislative history 1986 Immigration Reform and Control Act (IRCA) 1994 US Commission on Immigration Reform report 1996 Illegal l Immigration Reform and Immigrant Responsibility Act (IIRIRA) 2003 Basic Pilot Program Extension and Expansion Act

6 Background on E-Verify Policy issues Specific response to IRCA s failures Document fraud Discrimination

7 Background on E-Verify Policy issues Specific response to IRCA s failures Verification tasks Authentication ti ti of identity Verification of work authorization

8 Background on E-Verify Policy issues Specific response to IRCA s failures Verification tasks Three goals Employer neutrality Protect privacy and worker rights (US citizens) Test and evaluate

9 Background on E-Verify How the system works Source: US Government Accountability Office, GAO T

10 Background on E-Verify Registered Basic Pilot/E-Verify Employers 160, , , ,000 80,000 60,000 40,000 20,000 0 Jul-99 Jan-00 Jul-00 Jan-01 Jul-01 Jan-02 Jul-02 Jan-03 Jul-03 Jan-04 Jul-04 Jan-05 Jul-05 Jan-06 Jul-06 Jan-07 Jul-07 Jan-08 Jul-08 Jan-09 Jul-09 Also see:

11 Analysis of E-Verify Introduction What E-Verify does well Limitations of E-Verify Analysis

12 Analysis of E-Verify Introduction Data limitations Scope of planned expansion

13 Analysis of E-Verify Existing and Projected E-Verify Users, ,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000, fold increase 1/2006-7/2009 is miniscule compared to planned expansion 1,000,000 0 Jul-9 99 Jul-0 00 Jul-0 01 Jul-0 02 Jul-0 03 Jul-0 04 Jul-0 05 Jul-0 06 Jul-0 07 Jul-0 08 Jul-0 09 Jul-1 10 Jul-1 11 Jul-1 12 Jul-1 13

14 Analysis of E-Verify Introduction Data limitations Scope of planned expansion L t f t i t! Lots of uncertainty!

15 Analysis of E-Verify What E-Verify does well y Prevents common document fraud Why this matters

16 Analysis of E-Verify Limitations of E-Verify Identity fraud Erroneous nonconfirmations Delayed verification Employer misuse and abuse

17 Analysis of E-Verify Limitations: identity fraud Why the problem occurs Scope of the problem FTC: 318,000 identity theft complaints Javelin Research and Strategy: 9.9 million cases total No estimate for E-Verify Efforts to correct Projected scope in universal system Increased market Increased access

18 Analysis of E-Verify Limitations: Erroneous nonconfirmations Why the problem occurs Scope of the problem Minimum: 0.3% Best guess: about 1% Efforts to correct Projected scope in universal system 1% 600,000 false nonconfirmations per year Likelihood the error rate could increase, at least initially

19 Analysis of E-Verify Limitations: delayed response Why the problem occurs Scope of the problem Average time to tentative nonconfirmation resolution: 39.7 days Efforts to correct Projected scope in universal system

20 Analysis of E-Verify Limitations: employer misuse and abuse Why the problem occurs Scope of the problem Westat self-reported data: 9 47% AFSC survey Efforts to correct Projected scope in universal system

21 Analysis of E-Verify Bottom line Inherent uncertainty in EEVS Authentication of identity Verification of authorization to work E-Verify s employer-centric design exacerbates these problems Raises costs to workers Raises costs to employers

22 Recommendations Short-term improvements p Long-term reforms

23 Recommendations Short-term improvements Prevent erroneous nonconfirmations Prevent employer misuse Better auditing and oversight for enforcement

24 Recommendations Short-term improvements Prevent erroneous nonconfirmations Allow workers to correct own records Mechanism for appeal and redress for errors

25 Recommendations Short-term improvements Prevent employer misuse Education Oversight Penalties for noncompliance ( 274B of INA)

26 Recommendations Short-term improvements Better auditing and oversight for enforcement Auditing for misuse/nonuse Office of database accuracy Coordination among enforcement agencies Limited data sharing with IRS/SSA

27 Recommendations Long-term reforms Enrollment process Three options (not mutually exclusive) Card-based system PIN self-verification system Biometric scanning

28 Recommendations Long-term reforms Enrollment process All workers eventually required to visit USCIS or other government agency Accommodate ~ 22 million citizens without documents Prevent fraudulent enrollments by unauthorized immigrants

29 Recommendations Long-term reforms Card-based system Overview Secure card is proof of identity and work authorization Advantages Disadvantages

30 Recommendations Long-term reforms Card-based system Overview Advantages Secure card as alternative to E-Verify Expectations for cards Disadvantages

31 Recommendations Long-term reforms Card-based system Overview Advantages Disadvantages No fraud-proof card Suspicion of cards Mission creep Photo cards require user judgment

32 Recommendations Long-term reforms PIN pre-verification system Overview Worker s record locked during enrollment First stage: Worker uses PIN to check in with system; resolves any data errors and receives confirmation code Second stage: Worker provides employer with confirmation code; employers gets red-light/green-light response Advantages Disadvantages

33 Recommendations Long-term reforms PIN pre-verification system Overview Advantages Prevents ID theft Prevents false nonconfirmations Prevents delayed response Limits employer misuse Limits privacy threat Disadvantages

34 Recommendations Long-term reforms PIN pre-verification system Overview Advantages Disadvantages Vulnerable to ID sharing Complexity Photo sharing relies on judgment

35 Recommendations Long-term reforms Biometric scanning Overview Worker provides biometric during enrollment; biometric stored on card or in database Employer must capture biometric again to authenticate identity at point of hire Advantages Disadvantages

36 Recommendations Long-term reforms Biometric scanning Overview Advantages Prevents ID theft and ID sharing Shifts employer judgment to government Disadvantages

37 Recommendations Long-term reforms Biometric scanning Overview Advantages Disadvantages Cost increase Technological limitations (false nonconfirmations) Political/philosophical barriers; threat of noncompliance

38 State of play FAR regulations Reauthorization NEVA (H.R.2028) SAVE (H.R.3308) Schumer s principles

39 Conclusion Recall limits of EEVS; burden will fall on US citizens Need for comprehensive policy Likelihood of unintended consequences; should test multiple programs while phasing in new mandates

40 For more information, contact: Marc R. Rosenblum Senior Policy Analyst Migration Policy Institute th Street Washington D.C (202)

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