[Congressional Record (Bound Edition), Volume 155 (2009), Part 12]
[Senate]
[Pages 15687-15688]
[From the U.S. Government Publishing Office, www.gpo.gov]




                                E-VERIFY

  Mr. SESSIONS. Mr. President, I wish to share a few thoughts about the 
E-Verify system. That is the system businesses are voluntarily using 
today in large numbers provided by the U.S. Government that allows a 
company to check the Social Security number of an applicant for a job 
to make sure they are lawfully eligible for employment. This system is 
growing and working very well. We have had some problems, I think, with 
Congress, and I attempted to offer an amendment to fix some of those 
problems on the tourism bill that is before us but was not able to do 
that. So I wish to share a few thoughts about it. I have been trying to 
get this situation fixed for some time.
  E-Verify is an online system that gives very rapid identification of 
an individual through the Social Security Administration and Homeland 
Security to determine whether they are eligible for a job. A business 
just checks those numbers, and if they come back as clear and they hire 
the individual, it provides them protection from a charge that they may 
have knowingly hired someone who was illegally in the country or 
otherwise not able to be employed.
  So it is a good system. As I said, as of June 13, this month, 130,000 
employers are enrolled in the program. They have, among them, 501,000 
hiring sites. It is free and voluntary, and it is the best means 
available to determine the eligibility of those who apply.
  According to the Department of Homeland Security, 96 percent of the 
employees are cleared automatically, and growth continues at over 1,000 
new users and participants each week as more and more businesses are 
using it. An employer, as I said, gets protection if they use it.
  In 2009, this year, 5.6 million inquiries were run. In 2008, through 
the whole 12 months, more than 6.6 million inquiries were run, and they 
continue to grow.
  In Alabama alone, there are 1,000 employers who use the E-Verify 
system. It has been proven effective, and I think it should be made 
permanent and mandatory for everybody who does business with the U.S. 
Government. As a matter of fact, that was what the law was supposed to 
be in January, but it is not. So the program is to expire in September 
unless it is extended.
  Now, I am told the Homeland Security legislation the House passed--or 
will pass--will extend the E-Verify Program for 2 years. I am told the 
Senate Homeland Security bill may well report language that will extend 
it for 3 years. Why we don't make it permanent is beyond me. It is a 
cornerstone of the enforcement system of business and employers to 
ensure that they are attempting to comply with the law, and if they are 
not, to be able to identify them.
  I was extremely disappointed when the economic stimulus package was 
up earlier this year and passed, where we spent $800 billion to 
stimulate the economy and create jobs, it was passed without any 
requirement that E-Verify be a part of the stimulus package. So a 
contractor who gets a job with the U.S. Government, with money paid 
from the stimulus package, legislation that was designed to create jobs 
for American

[[Page 15688]]

citizens, could actually go out and hire people illegally in the 
country. That is not what the American people have a right to expect. 
That is not good policy. It should not be done.
  We have surging unemployment, unfortunately. All of us hoped it would 
come in less than it is now. I know the President's budget, offered 
earlier this year, projected that unemployment would top at 8.4 
percent. It is now 9.4 percent, the highest in over 20 years. It is 
continuing to go up, from what it appears. So we have an obligation to 
try to use what resources we are expending in a way that helps the 
American worker find work. Some of these stimulus jobs are good jobs. 
So the House has supported the extension of E-Verify. It passed in the 
House last July, 407 to 2. Yet it still hasn't become law to extend it 
past September.
  One of the main purposes of the stimulus bill was to see that people 
got work. I think if we don't extend E-Verify, people have a right to 
question how serious we are about using that money--that huge amount--
wisely to create jobs for American citizens.
  An amendment offered and accepted in the House on the stimulus bill 
was by Congressman Jack Kingston. It said that funds made available 
under the stimulus package could not be made available to any business 
that did not use E-Verify. They apparently accepted that without a 
single dissenting vote. It was in the House legislation. I offered it 
in the Senate stimulus bill and did everything I could to see that we 
could make that a part of the law and make it permanent. It was blocked 
in the Senate by the Democratic leadership.
  I am worried that we talk a good game about doing something about 
this, but so far, we have been very ineffective in taking real action 
that will work.
  Let me share one more thing about Executive order 12989. President 
Bush issued an Executive order, and that order called for the 
implementation of the E-Verify system for government contractors in 
January of this year. It mandates the use of E-Verify for all Federal 
contractors and subcontractors. It was supposed to take effect in 
January. I believed President Bush should have been stronger about that 
than he was, but they went into it carefully, and that is what they 
decided to do.
  When President Obama came in, immediately he extended that and put it 
off and blocked its enforcement. So it is still not in the law. Now it 
is being delayed until September 8--that rule that a government 
contractor at least ought to check his employees to see if they are 
legally entitled to be employed. How simple is that? It takes a few 
minutes, and thousands of businesses are voluntarily doing it today. 
This decision, again, to delay it now until September 8 is the fourth 
delay this year by President Obama. I believe it signals the fact that 
this administration is not yet serious about their stated goal of 
making sure that employers comply with the law and not hire people 
illegally.
  On January 28, it was pushed back to February 20. A few weeks later, 
the implementation was pushed back to May 21. Prior to that, it was 
pushed back to June 30, and now it is further delayed until September 
8. This system is up and working. It has been up for years now. It is 
nothing unusual. I cannot imagine that if this Senate is allowed to 
vote up or down on whether to make this the law that we would not pass 
it. I am going to offer an amendment that will do just that. That is 
the right thing to do. It makes common sense.
  What I am afraid may happen is that we will have, through maneuvering 
and chicanery, actions taken to block that vote. If the Democratic 
leadership in the Senate blocks a vote on this question, that can only 
be interpreted as their position is that we should not extend E-Verify 
and that we should not make it apply to government contractors.
  It cannot be interpreted any other way because we have been talking 
about this for years. Everybody knows what the issue is.
  I am concerned. I hope the President, who has had his staff on board 
now for 5 or 6 months--it is time for them to get their act together 
and let us know where they stand. Just delaying this is an indication 
to me they are not serious about it. It should not have taken 5 minutes 
to know that a government contractor should not be hiring people 
illegally in the workforce. How long does it take to do that? This is 
not a new issue. But they are studying it, they say. OK, let's study 
it. But sooner or later, it is time to act.
  To me, there are no two ways about it. There is one logical answer to 
this question. If we want to make sure the government money that is 
going out--money taken from American taxpayers--provides jobs for 
American workers, we need to pass legislation to mandate that. I hope 
we will. I hope the President will be able to get this study complete, 
which they claim they are doing, and get on with doing the right thing. 
We have waited long enough.
  I thank the Chair, yield the floor, and I suggest the absence of a 
quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. CASEY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Merkley). Without objection, it is so 
ordered.

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