Gov. Ron DeSantis campaigned on a promise to prevent employers from hiring immigrants who were in the country illegally. He wanted employers to use E-Verify, a federal government online system, to verify the eligibility of prospective employees.

But after resistance from business leaders, DeSantis signed a more limited measure into law, affecting far fewer employers.

Legislators had tried to mandate the use of E-Verify for some employers for years. It took until the 2020 session for the Florida Legislature to enact SB 664, which requires public employers, as well as their contractors and subcontractors, to use E-Verify. These same employers must terminate a contract if they believe the employee is in the country illegally. Employers had until Jan. 1, 2021, to comply. 

"Given the high unemployment rate due to COVID-19, it is more important than ever to ensure that the state's legal residents benefit from the jobs that become available as Florida continues to reopen in a safe and smart manner," said DeSantis' then-spokesperson Helen Aguirre Ferré in an email to the News Service of Florida shortly after DeSantis signed the bill.. 

The most recent report of E-Verify's accuracy was completed 10 years ago by Westat, according to a state analysis of the legislation. That 2012 review found E-Verify's analysis to be 94% correct — 6% of the people deemed unauthorized to work in the United States were actually authorized to do so. The bill's legislative analysis cited a Department of Homeland Security customer service report, published in 2018 but using experiences from 2017, that put E-Verify's overall satisfaction rating from employers at 85 out of 100. A 2020 survey puts the score even higher at 87 out of 100.

Florida is not the only state to require public employers to use E-Verify. At least 19 other states require the immigration system, according to the Senate bill analysis, and some require it for both private and public employers, including North Carolina, Georgia and Arizona. 

Prominent business advocacy groups in Florida, like the Florida Chamber of Commerce, have opposed the use of E-Verify in certain capacities. In 2018, the chamber came out against a proposal to add into the state's constitution a measure that would require Florida to adopt legislation mandating E-Verify. In the statement, the chamber said the measure would "place significant costs on business for little gain," among other reasons.

Past studies offered mixed reviews on E-Verify's success. A 2017 analysis by the Federal Reserve Bank of Dallas showed that some states, like Arizona and Mississippi, had a drop in the population of unauthorized immigrants after E-Verify while others, like Georgia, North Carolina and South Carolina, saw little to no impact. 

Some experts say the problem is the way it's used and not the E-Verify system itself. Steven Camarota, research director for the Center for Immigration Studies, which supports reduced levels of immigration, has noted the inherent limitations in the way some states implement E-Verify.

"They have few if any penalties for noncompliance with these state E-Verify laws, and they only apply to new hires, not existing employees," he told PolitiFact in a 2019 interview. 

Data shows that still many employers do not use the system. In 2018, the U.S. Department of Homeland Security had enrolled more than 820,000 employers in E-Verify — only about 13.5% of all U.S. employers, according to data cited by the libertarian Cato Institute. Data from the U.S. Department of Homeland Security showed that there were about 81,711 employers enrolled in E-Verify in Florida, as of Dec. 31, 2021. 

Ultimately, industry leaders say it's an element of a patchwork of solutions.

"E-Verify can be a part of an overall enforcement regime," said Theresa Cardinal Brown, an immigration expert at the Bipartisan Policy Center, in 2019. "But by itself and without other immigration changes, it is not a solution."

DeSantis' campaign promise was not specific about his exact goals for E-Verify. At the time, his website read: "Enact E-Verify to ensure a legal workforce and higher wages for Floridians." Based on the successful 2020 legislation that now requires public employers and their contractors to use E-Verify in Florida but does not do the same for private employers, we rate this promise a Compromise.

After a bill to crack down on the hiring of undocumented immigrants died in Florida earlier this year, Republican state senators have filed a new bill ahead of the 2020 session to enact E-Verify.

The idea has the support of Gov. Ron DeSantis, who told reporters that he continues to work toward his campaign promise to enact the program.

"I think the best way to help deter illegal immigration is to pursue E-Verify so we are going to be doing that," he told reporters at a pre-session briefing. "And I think that that will end up saving taxpayers money and obviously it will be a deterrent for people to come illegally."

E-Verify is an online program by the federal government that allows enrolled employers to confirm the eligibility of their employees to work in the United States by matching information employees provide against federal Social Security and immigration records.

Some states require E-Verify for only public workers or contractors while other states have mandated the program for private employers. The new Florida bill filed by Sarasota Sen. Joe Gruters and Sen. Tom Lee, R-Thonotosassa, would go further. It would require all employers to use the federal E-Verify system for new hires starting in 2021. The state could revoke businesses' licenses if they fail to register.

Democrats, who are the minority party in the Legislature, are expected to fight against the bill. But some Republicans will likely oppose it, too, because business groups and industries including agriculture have fought against adding regulations for business owners. (The state Legislature didn't show interest in passing E-Verify under Gov. Rick Scott.)

We found some mixed analysis about the impact of E-Verify. A 2017 analysis by the Federal Reserve Bank of Dallas found E-Verify corresponded with a drop in the population of unauthorized immigrants in some states but had no discernible impact in others. 

Steven Camarota, who supports reduced immigration levels, pointed to earlier studies showing E-Verify did have an impact despite modest embrace by states.

"They have few if any penalties for non-compliance with these state E-verify laws, and they only apply to new hires, not existing employees," he said.

Another reason the program may not work as supporters hope is that undocumented workers can use fraudulent paperwork and many businesses don't use the program despite mandates, wrote Alex Nowrasteh, a critic of E-Verify at the liberatarian Cato Institute, in an op-ed in the Orlando Sentinel.

Nationally, enrolled employers represented about 13% of U.S. employers as of 2015, the Congressional Research Service reported. 

"E-Verify can be a part of an overall enforcement regime, but by itself and without other immigration changes it is not a solution," said Theresa Cardinal Brown, an immigration expert at the Bipartisan Policy Center.

The Florida bill has an uncertain path ahead in the Florida Legislature, which convenes its annual session in January.

We'll continue to monitor the outcome and what it means for DeSantis' campaign promise. For now, we rate this promise In The Works.

Gov. Ron DeSantis is poised to sign a bill to ban sanctuary cities for undocumented immigrants, echoing a priority of President Donald Trump.

But he failed to take action on a promise to prevent employers from hiring undocumented immigrants.

On his campaign website in 2018, DeSantis promised to "enact E-Verify to ensure a legal workforce and higher wages for Floridians." It is one of 15 promises we are tracking on our DeSant-O-Meter.

E-Verify is an online program by the federal government that allows enrolled employers to confirm the eligibility of their employees to work in the United States by matching information employees provide against federal Social Security and immigration records.

In February shortly before the start of the state legislative session, DeSantis announced that he had asked the Legislature to send him a bill related to sanctuary cities and counties and for state officials to cooperate with federal officials on immigration enforcement. He said nothing about E-Verify.

The Miami Herald reported in March that the agriculture industry and Senate leaders struck a deal to focus on sanctuary cities and block an E-Verify proposal. Some Republicans who want to crack down on illegal immigration are wary of offending business owners including farmers, who oppose being told to use E-Verify to check applicants' immigration status. The Florida Chamber of Commerce says E-Verify places significant costs on businesses and consistently flags lawful employees.

Instead, the Republican-led Legislature focused on passing a bill that tells police departments and sheriff offices to support the enforcement of federal immigration law.

In March, DeSantis told reporters he still supported E-Verify while acknowledging that his party was split on the issue. But his comments showed it wasn't a top priority this year.

"I am for E-Verify. I want to do E-Verify," he said. "I am committed to doing it, whether we are going to do it this session or not, I don't know."

A spokeswoman for DeSantis told us DeSantis plans to continue pursuing E-Verify as a tool to ensure that people working in Florida are doing so legally.

DeSantis has three more years to keep this promise on E-Verify. For now, we rate this promise Stalled.