E-Verify: A Public Debate

Recently, President Bush issued an executive order requiring all Federal Government Contractors to participate in the E Verify program. The mandate goes into effect on January 15, 2009. Contractors have 30 days from the award of the contract to enroll in an E Verify program and once enrolled they must use the program to verify the employment eligibility of any new hires within in 90 days of employment. All existing workers who are assigned to the contract must also be verified.

In a recent article, Jim Harper of the Cato Institute criticized the government's E Verify program. "The wave of fear that followed the 9/11 attacks built up the walls - both figurative and literal. President Bush continued to seek comprehensive immigration law reform throughout his tenure, but without success." Harper goes on to say that the Bush administration gave the reform job over to congress and shortly thereafter DHS announced steps to tighten employment eligibility verification.

Harper sees the program as a form of "internal enforcement," a non-entity that requires employers to act as immigration officials on behalf of the US Government. With strict fines incurred against any employer who fails to meet the requirements of E Verify and 7 states with mandated E Verify programs, employers have every reason to be informed.

Harper also sees the program as an anti-immigration program, obviously alienating illegal immigrants. But he also claims that the "Tentative Non-Confirmation" or "No Match" that employers receive when their workers' names and Social Security Numbers do not correspond to the SSA database increase an employers liability.

Understanding that this issue is much larger than simple employment verification, Liberty offers the service to our clients through our partner, Form I9. Though the legalese and the looming threat of fines are both complex and overwhelming, our partner offers a superior program with step by step instructions on how to resolve those "No Match" results, giving detailed information on where the rights of the employer begin and end, detailing the rights of the employee. The electronic archive also ensures our clients have the proper documentation should they be audited for compliance. And, at Liberty, we make every effort to understand the changing laws and inform our clients.

In this moment, E Verify is a hotly contested program that seeks to eliminate illegal workers and empower those immigrants who have been granted the right to work. But is the program successful? Only time will tell, and it hasn't been implemented long enough to determine the results of the program.

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Air Marshals Lack Proper Background Checks, Endager Lives

In a recent survey conducted on the Air Marshals of the US, many discrepancies in the background of the marshals were found. After 9/11, the US Air Marshal force was increased by thousands (though the exact number of marshals is classified) in an attempt to protect and reassure passengers on commercial flights.

The Federal Air Marshal Service is an elite group of agents, charged with making split-second decisions; they hold the lives of innocent passengers in their hands. It is proper that they should be investigated thoroughly, and it is true that they are required to undergo many stages of vetting before being allowed to serve. The marshals can't serve if convicted of a federal crime, leaving room for misdemeanors, such as DUI though TSA policies state that employees who drive drunk "demonstrate a disregard of TSA's mission." 84% of American citizens interviewed felt that a drunk driving conviction should bar the marshal from service.

Crimes committed by marshals while in service are on the rise. Only a fraction have been charged, but the seriousness of the crimes are astonishing. Air Marshals have:

• Taken bribes
• Been found sleeping on planes
• Pulled a gun during a parking dispute
• Left a gun in the airplane lavatory, to have it found by a teenager
• Hired a hit-man to kill his wife
• Smuggled drugs using high security clearance
• Committed bank fraud
• Hired a female escort and held her hostage using his handcuffs and gun
• Smuggled weapons from Afghanistan

The federal agency had better step up their hiring procedure, lives are state, security is at stake. But the agency has actually loosened it's hiring standards in recent years:

• Recruits no longer have to pass the confined space firearms test that determines accuracy in a space the size of an airplane
• They no longer have to pass the written psychological exam, or the oral interview with a psychologist
• Recruits no longer have to have law enforcement experience. The agency began hiring TSA screeners in 2005

The marshals themselves are getting fed up with the lack of standards and the potential smear on the agencies reputation. The female escort who was held hostage summed it up best by saying, the outcome was "horrific" and that the public should be scared, "He's the only one on an airplane with a freakin' weapon, and he's supposed to have it to be protecting us."

USA Today Article

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Screening Delays Citizenship

The bureaucratic immigration system has been bogged down since tightening its scrutiny levels after 9/11. With a surge of petitions for citizenship since that time, and the increased depth at which the applicants are screened, it takes years for a petition to make it through the process.

Long time legal, permanent residents of the United States may see some relief soon. A class action lawsuit filed by Muslim immigrants against immigration authorities claims discrimination based on ethnicity and religion. Authorities responded by saying they are doubling efforts to clear out the backlog and should be completed by November of this year. Once the backlog is cleared, new applications for citizenship should be processed in a more timely manner.

In May, 2008, there were over 82,000 petitions for citizenship. That number has been reduced to 10,000 as of October.

The US Department of Homeland Security edicts that the FBI check backgrounds and names of all immigrant petitions, including green card applications. After September 11, the number of checks jumped from about 2.7 million to over 4 million a year. The understaffed department used a paper system that was out of date and impeded the process.

"The background checks and severe scrutiny is on every single application since 9/11," said the USCIS' Cabrera. "We do not choose one religion, nationality over another. I understand that it can be frustrating at times because there aren't always answers."

However, many class action lawsuits across the nation are being brought by Muslim and Arab citizens. They claim they are facing fiercer scrutiny because of their race. The lawsuits have spurred organization and the FBI is now pushing the applications through in a more timely manner.

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