employment eligibility of any individual described in clause (ii) who is employed by the employer and whose employment eligibility has not been verified under the E-Verify program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note). (ii) Individuals described An individual described in this clause is— (I) an employee of any unit of a Federal, State, or local government