Healthcare Reform: Illegal Immigrant Debate

Illegal immigration was once again thrust into the national spotlight during the now infamous speech given by President Barack Obama on health care reform speech given last week has become the focus of intense scrutiny. Republican Representative, Joe Wilson's outburst, "You lie!" is the center of the attention. Wilson was addressing the President's assertion that illegal immigrants would not, under the health care bill, be able to access the government health care program.

The White House says that Obama doesn't want them to be able to buy insurance and spokesman Robert Gibbs said the White House will work with lawmakers to create language that enforces that. "Illegal immigrants would not be allowed to access the exchange that is set up," Gibbs said.

The controversy that led to Wilson's outburst was stems from the Republicans' contention that illegal immigrants would be able to get federally funded health coverage under the bill - but the bill expressly prohibits federal subsidies for illegals. Critics note, however, there are no expressly written enforcement mechanisms or language on how verification would proceed.

"Without a verification requirement it's essentially like posting a 55-mph speed limit and not having any highway patrol on the road," said Ira Mehlman, spokesman for the Federation of Immigration Reform.

It seems this is just another step in the on-going debate over illegal immigration and ways to crack down. Already, employers have been targeted and are being audited and fined for knowingly hiring illegal immigrants.

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Police Officer Tries to Run a Background Check on Obama

A Philadelphia police officer decided to abuse his privileges when he attempted to run an illegal background check on our president, Barack Obama.

Sgt. Ray Evers took to his computer on August 12 and proceeded to enter Obama into the database search for criminal information. The Secret Service were immediately alerted, as they are anytime a background check on Obama is processed, and they immediately contacted the Philadelphia police department.

It is unknown at this time what will happen to Ray Evers.

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Obama Administration Cracking Down on Criminal Immigrants

Homeland Security Secretary Janet Napolitano is driving the changes to the immigration policy that is stalled in congress right now. The changes are primarily aimed at employers who hire undocumented workers with criminal records.

The recent administrative changes include:

• New guidelines directing immigration agents to target employers who hire illegal immigrants rather than simply arresting undocumented employees.
• A requirement that all local police agencies deputized to check immigration status and turn criminals over for possible deportation sign new agreements pledging to focus on those who pose a risk to public safety.
• The implementation of a rule that requires federal contractors to use E-Verify, an online employment-verification program.
• The expansion of a program that uses government databases during the booking process to find illegal immigrants in the nation's jails.

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Changes for Criminals Seeking Employment

While still on the campaign trail, one of the many promises Barack Obama made were he to be elected was to break down employment barriers for those with a criminal record.

According to report from SHRM, the Society for Human Resource Management, more than 80% of employers perform pre-employment background checks. With growing technological advances, tracking and tracing criminal records has become easier than ever.

• In 2006, nearly 81 million criminal records were on file in the states, 74 million of which were in automated databases.


• Another 14 million arrests are recorded every year.

Most employers are unwilling to hire an ex-offender. FCRA laws allow felony records to be reported from the 18th birthday on. Even if person who committed a felony crime at the age of 18 hasn't committed a crime for 20 years they are unlikely to find employment.

Most people would probably agree that there should be some point in time after which ex-offenders should not be handicapped in finding employment. The question is when, precisely, should this occur?

Currently, employers have no empirical guidance on when it might be considered safe to overlook a past criminal record when hiring an ex-offender for a particular job. Employers generally pick an arbitrary number of years for when the relevance of a criminal record should expire: five or 10 years, for example. It goes without saying that different types of employers will have different sensitivities about the potential employee’s criminal record. Those serving vulnerable populations like children and the elderly would be particularly sensitive to a prior record involving violence, while a bank hiring a teller would be particularly sensitive to property crimes. A hiring crew for a construction company might be far less sensitive to most prior records.

A huge study is being funded to test exactly when the turning point for criminal offenders exists. Though the study is ongoing, preliminary results are profound. Criminals have been found to significantly lower their probability to commit another crime, the probability can get as low as an average citizen who has never committed a crime.

The study can be found here.

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E-Verify Proposal Dropped from Stimulus Package

Stripped from the recently signed stimulus package, the E-Verify mandate would have required all employers using federally mandated funds to run their employees through the E-Verify program. Just before the bill was given to President Obama, the mandate was stripped.

E-Verify would have been an excellent assurance that jobs that are available are given to legal, authorized workers. In these hard times, it is hard to believe more protections for American jobs were not considered more seriously.

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E-Verify Measure up for Debate

As the negotiations for Obama's economic stimulus plan continue on Capital Hill, proponents of the E-Verify system are taking a stand.

E-Verify is a government program that checks a worker's immigration status against the Social Security Administration and the Department of Homeland Security. Immigration advocates believe using the E-Verify system lowers the rate of illegal immigrants becoming employed. Federally contracted workers, and several states across the nation, are already required to use E-Verify and face steep penalties if they are found to employ illegal workers.

The House version of the stimulus bill includes a provision for all companies or banks receiving funding from the federal government that requires them to participate in the E-Verify program.

But opponents of the provision insist that reporting errors from the SSA or Department of Homeland Security could result in thousands of wrongful terminations and essentially slow down the economy as a result.

However, proponents of the measure believe that any jobs available in the market should go to legal immigrants or American citizens, and using E-Verify will be a tool to insure that happens.

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Timothy Geithner Under the Microscope

Congress takes the appointment of cabinet members seriously. As seriously as managers and owners take the placement of new employees in their offices, factories, and shops. Just as applicants backgrounds are examined for any sign of trouble, Congress uses a fine tooth to comb through the background of suggested cabinet members.

Timothy Geithner is under scrutiny as he applies for the coveted Secretary of Treasury position in the Obama administration. His appointment was expected to be swift and easy, most of the members of Congress, republican or democrat supported him.

Geithner has long been the President of the Federal Reserve Bank of New York, a position unlike any other in the country. Geithner is said to have performed in this role "brilliantly, non-politically, ethically, firmly, and quietly," qualities many have much admiration for.

However, it came to attention that Geithner had not submitted payment for his 2001 or 2002 tax returns until Obama and his team began looking at him for the role of Secretary of the Treasury. He submitted some $30,000 to the IRS after the statute of limitation had already passed.

Geithner admits "These were careless mistakes. They were avoidable mistakes. But they were unintentional," he said. "I should have been more careful." But some members of Congress don't see it as a mistake at all, rather a deep smear on his nearly impeccable record.

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Immigration and Obama

Immigration reform has been a hot topic for the past few years and government programs such as EVerify are working toward ensuring employers are able to remain in top form during audits by the government. As the economic crisis wages on, however, immigration and reform have been pushed to the back burner.

Our nation's capital is gearing up for an unprecedented inauguration for the first black president who promises of change have inspired millions, many questions are lingering in the air. His plate is fuller than any other president inaugurated before him and at the bottom of the piles lies immigration.

During his campaign days, Obama said, "we are a nation of law, as well as a nation of immigrants." His dedication to representing both sides of the issue is clear, what is not clear is how he will change or support policies that are already in place.

Until that unforeseeable time, employers should sit tight with laws already on the books:

• Verify. Complete I-9 employment verification forms for every employee hired after November 6, 1986. Periodic audits are advisable to ensure that the forms are properly completed and updated if necessary.

• Document. Document. Document. Ensure all reasonable and lawful efforts to resolve any employment verification issues are documented, such as a new hire's failure to produce documents within the first three days of work, receipt of social security mismatch letters, or confirmed reports of unauthorized workers. Employers must follow-up to resolve the issue within a reasonable time period, or the employee must be terminated.

• Follow for one, for all. Stick to the same employment verification policies and procedures for all employees, regardless of national origin or citizenship status.

• Keep tabs. Set reminders on priority dates for employees with pending permanent residency applications, and be on the lookout for H-1B filing dates subject to the quota.

• Sign-up for E-Verify. Consider participating in E-Verify to benefit from certain immigration programs, such as permitting employment of certain post-graduates for an increased period of employment authorization

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The New Era of Obama: White House Background Checks Get Deeper

A recently released application to become a member of Obama's cabinet and administration reveals a new concept for the background check procedure at the White House. In the rapidly changing world of the Internet, many businesses (as many as 74%) do a standard Internet search on new candidates, especially those who will be filling an executive position.

Obama's application is 63 pages long. The New York Times has posted a copy at their website. It consists mostly of traditional background information, but there in addition, there are questions that have never been asked before:

"Writings: Please list, and if readily available, provide a copy of each book, article, column or publication (including but not limited to any posts or comments on blogs or other websites) you have authorized individually or with others. Please list all aliases or 'handles' you have used to communicate on the Internet."

The scope of the check is far reaching. Obama is looking specifically for information that might "suggest a conflict of interest or be a possible source of embarrassment to your family or the President Elect if it were made public..."

It is well known that people in the public eye receive an intense amount of scrutiny and any dirty laundry the media or the competition can find on them will be aired eventually. The Internet poses a specific breed of vulnerability. Every body leaves a trail on the Internet, but the anonymity is often what lures people to be more open and fresh. Obama is attempting the deepest level of character checking by looking at what people do when they feel nobody can see them.

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