Denny, perhaps you missed this part of my post:
Many, including me, have stated that eVerify needs to be required (like I-9) documentation, which presumably requires new law. Or does it? Generally, yes, but I see a way to be pretty effective in clamping down even under current law.
First off, employing an illegal carries a pretty measly fine of $375 per employee for first offense, increasing to $1,600 on 3rd and subsequent. Not very hefty, and IMO, not much of a deterrent. HOWEVER, if the employer engages in a "pattern and practice" of employing illegals, then that becomes a criminal offense with $3000 and 6 months in prison PER employee! So, suddenly, an employer with 100 illegal employees is facing $300,000 in fines and 50 years possible of possible prison sentences. Tack on filing (or not filing) fraudulent I-9s, knowingly providing fraudulent documents, and payroll violations for not paying employees accurately, etc, etc, and I would think a smart prosecutor could double that by throwing the book at the violator, now we are talking $600,000 and 100 years of potential prison time.
Now we're talking some serious consequences.
Second, charge EVERYONE responsible. CEO/President of the company? Yup. CFO/accountant? Yup. HR head? Yup. HR anybody involved in hiring? Yup. Plant manager? Yup. Crew foreman/supervisor? Yup.
Third, pile on conspiracy charges. They all knew and acted in concert. Perhaps we are now up to a $1 Million fine for each individual involved in the conspiracy and 200 years in potential prison time. (probably more like 2-5 years of "real" time serving concurrently, but still scary for the average person)
Fourth, make the opening "salvos" in an area with "friendly" courts, i.e. not California or anywhere under the 9th circuit.
Finally, and this is key, make it clear that the employer could have easily avoided this by using eVerify but PURPOSEFULLY avoided eVerify because they knew doing so would have prevented them from hiring illegals.
Boom... de facto mandatory eVerify.
tl;dr: The "regular" fines for employing illegals are minuscule and ineffective. However, prosecuting large employers as a conspiracy, and throwing the book at violators, adds real teeth. Go after those who avoid eVerify because they intend to hire large numbers of illegals.
Two things I have issue with this while supporting the general idea. As long as you're talking money as punishment it just a cost of doing business. Somebody computes the risk reward and the problem continues. To really stop this you need to step up the penalties so the top leadership, CEO's, etc. is doing hard time in orange jumpsuits picking up trash every day shackled to an ODC. That's not something the leadership making the decision can put on a spreadsheet. Illegal hiring stops the day that law goes into affect everywhere.
Sadly though it's likely never to happen as that same leadership owns the law making process.