In a little publicized semi-annual report to Congress, the Inspector General for the Architect of the Capitol, the agency tasked with maintaining the building and grounds for the U.S. Congress and U.S. Supreme Court, found that several illegal aliens had been hired by subcontractors to complete projects on Capitol grounds this last year. (Roll Call, Dec. 4, 2012)

Under federal law, the Architect of the Capitol’s contractors and subcontractors are required to use the E-Verify system to verify the employment eligibility of hires. (See USCIS Website; see also Federal Acquisition Regulation) However, a “second-tier” subcontractor failed to use the system, resulting in the hiring of five illegal aliens who used fraudulent documentation to obtain employment. (Inspector General Report at p. 7-8) Three of the illegal aliens received site badges, and the other two while working on site, were never badged as required by their contract. (Id.)

Surprisingly, the Inspector General determined that the subcontractor did not violate any criminal laws because of “his ignorance” of the requirement to use E-Verify and because the illegal aliens had passed an FBI background check. (Id. at p. 16) As such, the Inspector General did not refer the subcontractor to the U.S. Attorney’s Office for prosecution, but rather, referred the allegations regarding the use of fraudulent documentation — green cards and SSNs — to U.S. Immigration and Customs Enforcement (ICE) and the Social Security Administration. (Id.) Given that document fraud is not an enforcement “priority” under the Obama Administration, it is unlikely the illegal aliens will face any consequences for their actions.