E-Verify may be entangled by Senate Immigration debate

Key senators and aides are searching for a legislative strategy to renew a program that employers can use to verify the legal status of their workers, raising the possibility that a fight over immigration reform measures could be brewing in the chamber.

Comment on this article in The Forum.The E-Verify program allows employers to check an employee's information against databases maintained by the Homeland Security Department and the Social Security Administration.

The program expires Nov. 1 unless Congress reauthorizes it. But in seeking to renew the program, some senators want to approve other immigration measures.

That raises the potential for another bruising fight over changing immigration laws with the fall elections approaching, according to sources on and off the Hill.

Senate Judiciary ranking member Arlen Specter introduced a bill this month to reauthorize four immigration programs, including E-Verify for five years.

Additionally, his bill would reauthorize the EB-5 regional center program, which is designed for immigrant investors willing to invest at least $1 million in a business that employs 10 or more legal workers.

The bill would extend a visa program for religious workers who are not ministers for three years, and reauthorize the J-1 visa waiver program for foreign medical graduates.

Senate Finance ranking member Charles Grassley has also introduced a bill that would permanently reauthorize E-Verify and expand the program.

"He would like his bill to be passed, but knowing the politics of the Senate right now, a straight reauthorization might be the only thing that can be done," an aide to Grassley said.

Grassley's bill would give the Homeland Security Department the ability to require companies to use the program if a pattern of illegal hiring is found.

There is no federal mandate requiring employers to use E-Verify, although some states have mandated that companies use it. Homeland Security is finalizing a rule that will require federal contractors to use it.

Grassley's bill would require Homeland Security to provide a monthly report to U.S. Immigration and Customs Enforcement on discrepancies in worker records that should be investigated. And it requires employers to reverify employees who are in the United States on temporary status.

Whichever bill moves in the Senate could attract other immigration reform measures, sources said.

For example, the Federation for American Immigration Reform said Monday it was told by Senate staffers that Sen. Robert Menendez, D-N.J., is blocking efforts to reauthorize E-Verify unless language is added making unused family and worker visas dating back to 1992 available for current use.

Comment from Menendez's office was not available at presstime.