Secure the Border Act of 2023

# Summary of "Secure the Border Act of 2023" (Employment Eligibility Verification Provisions) This legislation (primarily Sections 801-816) fundamentally reforms the U.S. employment eligibility verification system by replacing the current E-Verify program with a new, mandatory verification system for employers. ## Key Provisions: 1. **Mandatory Verification System**: Requires all employers to verify the work authorization of new hires through a new verification system established under Section 274A(d). 2. **Phased Implementation Timeline**: - Large employers (10,000+ employees): 6 months after enactment - Medium employers (500-10,000 employees): 12 months after enactment - Small employers (20-500 employees): 18 months after enactment - Very small employers (<20 employees): 24 months after enactment - Agricultural workers: 36 months after enactment 3. **Verification Process**: - Requires examination of specific documents to verify identity and work authorization - Establishes a verification system with confirmation or tentative nonconfirmation within 3 business days - Requires secondary verification process for tentative nonconfirmations 4. **Penalties for Non-Compliance**: - Civil penalties ranging from $2,500 to $25,000 per violation - Criminal penalties for pattern or practice violations ($5,000 per unauthorized alien) - Potential debarment from federal contracts for repeat violators 5. **Fraud Prevention Measures**: - Blocks social security account numbers subject to unusual multiple use - Allows suspension of compromised social security numbers - Protects children's identities from being used for employment verification 6. **Agricultural Workforce Provisions**: - Extended timeline for agricultural workers (36 months) - Specific definitions of agricultural labor - Study on agricultural workforce composition and recommendations 7. **Good Faith Defense**: - Allows employers to avoid penalties if they can demonstrate good faith compliance - Requires reasonable security measures for identity verification This legislation represents a significant expansion of employer verification requirements with substantial penalties for non-compliance, designed to strengthen enforcement against unauthorized employment while establishing a more comprehensive verification system. The phased approach aims to give employers time to adjust to the new requirements based on business size.