Establishment of permanent E-Verify

(a) Establishment of permanent E-Verify Section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)) is amended to read as follows: (d) Establishment of permanent E-Verify (1) In general On the date of the enactment of the Mandatory E-Verify Act of 2026, the Secretary of Homeland Security shall permanently establish E-Verify, based on the E-Verify pilot program implemented under section 401(c)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), in a manner that— (A) responds to inquiries made by persons through a website, mobile application, or other toll-free electronic media, as determined by the Secretary, concerning— (i) an individual’s identity; and (ii) whether such individual is authorized to be employed in the United States; and (B) maintains records of— (i) the inquiries that were made; (ii) the verifications that were provided (or not provided); and (iii) the codes provided to inquirers as evidence of their compliance with their obligations under E-Verify. (2) Responses (A) Initial responses E-Verify shall provide confirmation or a tentative nonconfirmation of an individual’s identity and employment eligibility not later than 3 business days after the initial inquiry. If providing confirmation or tentative nonconfirmation, E-Verify shall provide an appropriate code indicating such confirmation or such nonconfirmation. (B) Secondary confirmation process in case of tentative nonconfirmation (i) In general In cases of tentative nonconfirmation, the Secretary shall specify, in consultation with the Commissioner of Social Security, an available secondary verification process to confirm the validity of information provided and to provide a final confirmation or nonconfirmation not later than 10 business days after the date on which the notice of the tentative nonconfirmation is provided by the Secretary. (ii) Extensions The Secretary, in consultation with the Commissioner— (I) may extend the deadline under clause (i) once, on a case-by-case basis, for a period of 10 business days; and (II) if such deadline is extended, shall document such extension within the verification system. (iii) Notifications The Secretary, in consultation with the Commissioner, shall immediately notify the employee and employer of any tentative nonconfirmation under clause (i), which shall include— (I) guidance to the prospective employee regarding the secondary verification process; and (II) any extension granted under clause (ii). (iv) Process The Secretary, in consultation with the Commissioner, shall— (I) create a standard process for extensions and notifications under this paragraph; and (II) make a description of such process available to the public. (v) Code When final confirmation or nonconfirmation is provided, the verification system shall provide an appropriate code indicating such confirmation or nonconfirmation. (3) Design and operation of e-verify E-Verify shall be designed and operated— (A) to maximize its reliability and ease of use by persons and other entities consistent with insulating and protecting the privacy and security of the underlying information; (B) to respond to all inquiries made by such persons and entities on whether individuals are authorized to be employed and to register all times when such inquiries are not received; (C) to prevent unauthorized disclosure of personal information through appropriate administrative, technical, and physical safeguards; (D) to include reasonable safeguards against unlawful discriminatory practices based on national origin or citizenship status, including— (i) the selective or unauthorized use of E-Verify to verify eligibility; or (ii) the exclusion of certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will be required, beyond what is required for most job applicants; (E) to maximize the prevention of identity theft use in the system; (F) to limit the subjects of verification to— (i) individuals hired, referred, or recruited, in accordance with paragraph (1) or (4) of subsection (b); (ii) employees and prospective employees, in accordance with paragraph (1), (2), (3), or (4) of subsection (b); and (iii) individuals seeking to confirm their own employment eligibility on a voluntary basis; and (G) to confirm identity and employment authorization through verification and comparison of records maintained by the Department of Homeland Security, other Federal departments, States, or outlying possessions of the United States, as determined necessary by the Secretary of Homeland Security, including— (i) records maintained by the Social Security Administration; (ii) passports, passport cards, and visa records (including photographs) maintained by the Department of State; (iii) notwithstanding section 6103 of the Internal Revenue Code of 1986 or any other provision of law, Employer Identification Number records maintained by the Internal Revenue Service; (iv) State driver’s license or identity card information (including photographs) maintained by the Department of Motor Vehicles of a State or outlying possession; and (v) any other Federal records that the Secretary of Homeland Security determines to be relevant and necessary for such purpose. (4) Responsibilities of commissioner of social security (A) In general The Commissioner of Social Security, in consultation with the Secretary of Homeland Security (and any designee of the Secretary selected to establish and administer the verification system), shall establish a reliable, secure, electronic method within E-Verify, which, within the periods specified in subparagraphs (A) and (B) of paragraph (2), compares the name and Social Security account number provided in an inquiry against such information maintained by the Commissioner in order to validate (or not validate)— (i) the information provided regarding each individual whose identity and employment eligibility is being confirmed; (ii) the correspondence of the name and number; and (iii) whether the individual has presented a Social Security account number that is not valid for employment. (B) Limitation on disclosures The Commissioner may not disclose or release Social Security information (other than such confirmation or nonconfirmation) under E-Verify except as provided for in this section or section 205(c)(2)(I) of the Social Security Act (42 U.S.C. 405(c)(2)(I)). (5) Responsibilities of secretary of homeland security The Secretary of Homeland Security, in consultation with any designee of the Secretary selected to establish and administer the verification system, shall establish a reliable, secure, electronic method within E-Verify, which, within the periods specified in subparagraphs (A) and (B) of paragraph (2), compares the name and alien identification or authorization number (or any other information as determined relevant by the Secretary) which are provided in an inquiry against such information maintained or accessed by the Secretary— (A) to validate (or not validate)— (i) the information provided regarding each individual whose identity and employment eligibility is being confirmed; (ii) the correspondence of the name and number; and (iii) whether the alien is authorized to be employed in the United States; or (B) to the extent that the Secretary determines to be feasible and appropriate, to determine whether the records available to the Secretary verify the identity or status of a national of the United States. (6) Responsibilities of the Secretary of State The Secretary of State, in consultation with the Secretary of Homeland Security and any designee of the Secretary of Homeland Security selected to establish and administer the verification system, shall establish a reliable, secure method, that compares and provides, within the time periods required under paragraphs (2) and (3), a confirmation or nonconfirmation of the name and passport, passport card, or visa number provided in an inquiry against such information maintained by the Secretary of State in order to confirm (or to not confirm) the information provided regarding an individual whose identity and employment eligibility must be confirmed. (7) Updating information The Commissioner of Social Security and the Secretary of Homeland Security shall immediately, and not later than 3 business days after receiving updated information, update their information in a manner that promotes the maximum accuracy and shall provide a process for the prompt correction of erroneous information, including instances in which it is brought to their attention in the secondary verification process described in paragraph (2)(B). (8) No national identification card Nothing in this subsection, or in the Mandatory E-Verify Act of 2026, may be construed to directly or indirectly authorize— (A) the issuance or use of national identification cards; or (B) the establishment of a national identification card. (9) Remedies (A) In general If an individual alleges that the individual would not have been dismissed from a job absent an error of the verification mechanism, the individual may seek— (i) compensation only through the mechanism of chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act); and (ii) injunctive relief to correct such error. (B) Class actions No class action may be brought under this subsection.. (b) Conforming amendments Section 401 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended— (1) by amending the section heading to read as follows: E-Verify; (2) in subsection (a), by striking 3 pilot programs of employment eligibility confirmation and inserting E-Verify; and (3) in subsection (b)— (A) in the subsection heading, by striking; termination; and (B) by striking Unless the Congress otherwise provides, the Secretary of Homeland Security shall terminate a pilot program on September 30, 2015.. (c) Transition from pilot to permanent E-Verify Program (1) In general Subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is repealed. (2) References Any reference in any Federal law, Executive order, rule, regulation, or delegation of authority, or any document of, or pertaining to, the Department of Homeland Security, the Department of Justice, or the Social Security Administration, to the employment eligibility confirmation system established under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is deemed to refer to E-Verify, which has been permanently established pursuant to subsection (a). (3) Clerical amendment The table of contents in section 1(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208) is amended by striking the items relating to subtitle A of title IV. (4) Effective date This subsection shall take effect on the date that is 90 days after the date of the enactment of this Act. (d) Funding (1) Transfers On the first day of each fiscal year beginning after the date of the enactment of this Act, the Secretary of the Treasury shall transfer $100,000,000 in unobligated funds from the general fund of the Treasury to the Department of Homeland Security, which shall be used to carry out E-Verify. (2) Authorization of appropriations In addition to the amounts transferred pursuant to paragraph (1), there are authorized to be appropriated $100,000,000, for fiscal year 2027, and for each successive fiscal year, to carry out E-Verify. (e) Reporting requirements (1) Defined term In this subsection, the term appropriate congressional committees means— (A) the Committee on the Judiciary of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committee on the Judiciary of the House of Representatives; and (D) the Committee on Homeland Security of the House of Representatives. (2) Permanent e-verify initial report Not later than 180 days after the date of the enactment of this Act, the President shall submit a report to the appropriate congressional committees describing the implementation of the permanent E-Verify Program, including— (A) any significant changes made from the E-Verify Pilot Program in existence on the day before the date of the enactment of this Act; (B) any additional planned changes to streamline or improve the permanent E-Verify Program; and (C) a classified appendix, if necessary, to discuss sensitive topics, such as measures to prevent unauthorized disclosure of personal information. (3) Permanent e-verify annual report Not later than 1 year after the submission of the report under paragraph (2), and annually thereafter, the President shall submit a report to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives describing the status of the permanent E-Verify Program, including— (A) statistics on use, confirmations, tentative and final nonconfirmations, and response times; and (B) information regarding the costs of the program, including an accounting of any increases in costs that occurred during the previous year.