Colleges must E-Verify for Title IV funding

Summary#

The College Employment Accountability Act would amend the Higher Education Act of 1965. Its stated goal is to make certain federal higher-education funding depend on institutions’ compliance with federal employment law and participation in E-Verify.

• A college or other institution of higher education found to violate section 274A of the Immigration and Nationality Act would be ineligible for funds from Federal student assistance or Federal institutional aid under the Higher Education Act.
• To be eligible for any Title IV program under that Act, an institution would have to participate in the E-Verify Program.
• The Secretary of Homeland Security would have to check every six months whether institutions participate in E-Verify.
• Homeland Security would have to notify the Secretary of Education within 10 days after finding that an institution violated section 274A or was not participating in E-Verify.

What it means for you#

• Colleges and other institutions of higher education: To qualify for any Title IV program, an institution would have to participate in E-Verify. If it is found to violate section 274A, it would lose eligibility for the specified Federal student assistance or Federal institutional aid under the Act.
• Students: The bill does not directly change individual student eligibility for aid. But it could affect the federal funding available to an institution; the bill does not explain the effect on students’ aid.
• Workers: The bill does not create a new rule about who may work in the United States. It ties institutional funding eligibility to an existing federal employment-law violation and requires E-Verify participation for Title IV eligibility.
• Federal agencies: Homeland Security would have new monitoring and notification duties. The bill does not set out a process for institutions to challenge a finding or restore eligibility.

Money#

No cost information is in the available material.

• The bill requires Homeland Security to monitor institutions every six months and send required notices, but gives no staffing or cost estimate.
• Institutions would have to participate in E-Verify to qualify for Title IV programs. The bill gives no estimate of institutions’ costs.
• The bill states no new appropriation, fee, or fine.

What is unclear#

• The bill does not say who makes the finding that an institution violated section 274A, what process is used, or whether an institution can appeal.
• It does not say how long an institution would remain ineligible or how it could regain eligibility.
• It does not define the scope of E-Verify participation required or explain how Homeland Security would check participation.
• The bill does not explain which funding falls under “Federal student assistance” or “Federal institutional aid,” or how losing eligibility would affect students.
• No start date is provided. The supplied material also does not include the Higher Education Act as a whole, so the bill’s changes cannot be fully checked against current eligibility rules.
• The bill has been introduced and referred to committees; it is not law, and whether it will pass is uncertain.

Case for#

• A possible argument for the bill is that federal funding should depend on institutions following federal employment law.
• Requiring E-Verify for Title IV eligibility would make participation a clear condition of access to those programs.
• Regular monitoring and prompt notices to Education could help the federal government identify institutions that do not meet the bill’s conditions.

Case against#

• The bill could put an institution’s access to significant categories of federal funding at risk, but does not explain how findings would be made or challenged.
• It is unclear how losing institutional eligibility would affect students who rely on federal assistance.
• The bill requires monitoring but provides no cost estimate or staffing plan.
• The bill does not explain how the new conditions would interact with existing Higher Education Act rules.