E-Verify law - just curious

"The E-Verify law requires businesses with over five employees to obtain a copy of a new employee's driver's license or utilize the E-Verify system. It provides a safe harbor for employers who use E-Verify if the worker is later found to be in the country illegally."

What I am curious about is why it does not include ALL employers? It is supposedly free ("It is free to employers in all 50 states including Tennessee") and not too difficult if done through the internet, so what is the problem with fewer than 5 employees.

Is it to keep the system from being overload? Do employers of 5 or less say it is too much of a burden?

We used to employ less than 5 when we owned our coffee/gift shop. With all the other paperwork, this would seem to be a small thing.

Plus you get the benefit of being held harmless if you used the system and the person turns up later to be illegal. PLUS you find out before you trust the "store" to others that they are legal and probably not wanted for murder.

They did not say if it does other background checks, but I would hope any serious crimes would be part of the check. Maybe they would not tell the employer what the details are but law enforcement would know where they are working and hopefully, take appropriate action.

Just curious, if someone knows.