ASSIMILATION Act

(b) Employment eligibility verification process

(1) Identity verification required. Each person, employer, or other entity that hires, recruits, or refers individuals for employment in the United States, at the time of hiring, shall verify each individual’s identity and employment authorization by examining the required documentation.

(2) E-verify. The Secretary of Homeland Security shall maintain, at no cost to users, an electronic employment eligibility verification system (referred to in this subsection as E–Verify) that—

(A) allows participating employers to confirm an individual’s identity and lawful status to work in the United States, as recorded in Department of Homeland Security and Social Security Administration databases;

(B) includes a basic verification service that compares the information from an individual’s employment eligibility documents against Department of Homeland Security and Social Security Administration records; and

(C) an identity authentication service that confirms the individual’s identity for purposes of fraud prevention and national security.

(3) Mandatory enrollment. Each person hiring a new employee shall enroll in and use E-Verify to confirm each employee’s identity and work authorization not later than the date on which the relevant employee completes his or her Form I–9.

(4) Effect of nonconfirmation

(A) In general. If E-Verify does not automatically confirm an individual’s authorization to work, the employer shall—

(i) treat such individual as provisionally authorized under this subsection (as in effect on the date before the enactment of the ASSIMILATION Act); and

(ii) notify Department of Homeland Security of such nonconfirmation within the period specified in a regulation promulgated pursuant to paragraph (7).

(B) Unlawful employment. An individual who is not ultimately confirmed by E-Verify shall be deemed to be unlawfully employed in the United States after the expiration of the provisional period.

(5) Penalties for violations. A person or entity may be subject to civil or criminal penalties under this section only for violations related to an individual’s identity or work authorization if the person or entity—

(A) had actual knowledge of such violation; or

(B) failed to timely update the employment verification information upon receiving notice of a discrepancy.

(6) Good-faith compliance. Good-faith compliance with system procedures (including proper completion of the E-Verify process) shall be a valid defense to any claim of a paperwork violation under this section.

(7) Rulemaking. The Secretary of Homeland Security shall promulgate regulations that prescribe appropriate procedures for operating and using of E-Verify, including measures to safeguard privacy and to resolve system errors or mismatches.

(i) Enrollment and system requirements

(1) Registration; compliance. All employers subject to subsection (b) shall—

(A) register with through E–Verify; and

(B) comply with all applicable E-Verify requirements for all new hires in the United States.

(2) Availability. The Secretary of Homeland Security shall ensure that—

(A) E-Verify is available to employers 24 hours each day; and

(B) use of E-Verify does not cause significant delays in the hiring process.

(3) Notification. All employers subject to subsection (b) shall inform employees of the use of E-Verify and the results of the verification for each such employee, in accordance with regulations promulgated by the Secretary pursuant to subsection (b)(7).