Department of Homeland Security Unveils New E-Verify Intiatives

The Dept. of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) announced new initiatives to enhance the web-based system, E-Verify.

E-Verify allows employers to electronically verify the employment eligibility of newly hired employees.

The three initiatives include:

• The streamlining of the processing of E-Verify employer misuse and discrimination claims
• New E-Verify civil rights and civil liberties videos that focus on explaining E-Verify procedures and policies, employee rights, and employer responsibilities under the program
• A new telephone hotline to improve E-Verify customer service

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Department of Homeland Security to Enhance Employment Verification

DHS announced that they are ready with new initiatives to "strengthen the efficiency and accuracy" of the E-Verify system.

They include a new agreement with the Department of Justice to streamline the adjudication process in cases of E-Verify misuse and discrimination.

"E-Verify is a smart, simple, and effective tool that helps employers across the county maintain a legal workforce," said Secretary Napolitano. "The initiatives announced today will provide essential information to workers about their rights and ensure that E-Verify is used fairly while bolstering the Department's efforts to protect critical employment opportunities."

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180 Business Targeted by ICE for Form I-9 Inspections

Immigration enforcement is on the rise. Over the past year, the Department of Homeland Security's U.S. Immigration and Customs Enforcement ("ICE") division has increased its scrutiny of employer I9 compliance.

In July 2009, ICE performed 652 highly publicized I9 inspections and 1,000 business and organization in the fall of 2009 as well.

Announced March 2nd - 180 business in the states of Louisiana, Mississippi, Alabama, Arkansas, and Tennessee have been issued Notices of Inspection.

This expanding enforcement effort reminds employers of the importance of the employment eligibility (i9) verification process, since even inadvertent paperwork errors may expose a company to fines, and intentional or neglectful violations could subject an employer to criminal penalties and sanctions.

By developing and implementing a due diligence program and utilizing Liberty's error-proof, paperless, electronic Form I9 for completing and maintaining I9's in conjunctions with annual audits performed by our I9 Compliance host, employers take proactive steps to improve their I9 compliance and minimize the risk of associated fines, penalties and employer sanctions.

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Clearing the Air about E-Verify

The staff at Liberty often receives calls from our users regarding the complicated rules of E-Verify, the government run program that utilizes information stored at the SSA and the Department of Homeland Security to screen for authorized workers.

I found an article today that exemplifies just such confusion, and even worse, the reporter doesn't provide any details regarding the relatively straightforward process for E-Verify.

Two workers for Chicago businesses have filed complaints against their respective companies about their termination for being unauthorized by the E-Verify system.

The employees claim they were wrongfully fired after E-Verify was used. In a broad statement that goes virtually unidentified, the reporter states "The the system has some widely reported flaws." The widely reported flaws are mostly generated by advocates against the system itself. Here are the statistics.

Employees cannot be fired until 8 federal working days after their Tentative NonConfirmation is returned. Employees cannot even be processed with E-Verify until after their Form I9 paperwork is complete and they are on payroll. Both these measures are designed to protect not the company, but the employee, against acts of discrimination. The measures are good ones, and will prevent the unlawful firing and denial of the right to work for those persons who are authorized to do so.

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Virtual Borders

The immigration debate is about to heat up again. As we reported last week, a new bill to be introduced by Rep. Luis Gutierrez will likely stir the pot. But there is one thing that has broad agreement and reception, E-Verify as a virtual border.

As only 10% of the nations borders are considered secure, E-Verify seeks to eliminate the most powerful of paths for illegal immigrants, job security.

Over 8 million employees were entered into the government run program last year, and about 3% of those were denied jobs because they were undocumented workers. If use of the system was made mandatory, it would effectively eliminate the major enticing factor for illegal immigrants by denying them the job opportunities they risked so much for.

E-Verify holds promise as a system that will not only deter illegals from entering the county - they won't be employable without legal status, but as a way to unsettle established illegals. As the program grows and flourishes, it is expected that legal immigration will become more selective, allowing skilled workers more opportunity to gain legal status. It should also allow family members of legal workers the right to immigrate as well.

The implications of the program are great and the broad acceptance bodes well for reform, however, the debate for this season is just getting started. Liberty expects there will be changes in the climate for verifying your works and staying in compliance. Stay tuned...

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E-Verify Works!

Human resource managers across the county are becoming accustomed to the government's E-Verify program, and they like it. "Really, it only takes maybe two extra minutes to do it," said one.

Some managers feel that the regulations surrounding the program can use some fine tuning. Liberty prides itself on being an expert on E-Verify related matters. Kelly Thames, HR manager for Dunn Roadbuilders in Laurel, MI feels that employers should be able to verify work authorization before hire. (read)

However, such verification could lead to discrimination lawsuits that could cost companies hundreds of thousands of dollars. The post-hire E-Verify law exists to protect job applicants and authorized workers nationwide. Without that protection, an applicants who had a discrepancy with their alien number, work visa, or social security number would be out of work indefinitely. The post-employment law grants those workers the right to remain employed while they clear up the matter with the Department of Homeland Security or the SSA.

E-Verify targets the employers who knowingly hire illegal workers as a means to deter illegal immigration. Contact Liberty to evaluate your company's requirements.

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Answers to Growing Questions about Illegal Immigration

Many people argue that illegals come to this country for good jobs, jobs no American wants to do. Still, others say they are stealing good jobs out of deserving American hands simply because they will do them for less.

E- Verify may provide some answers to the perpetual argument. E-Verify is currently required to be used by federal contractors. The program, operated by the Department of Homeland Security in partnership with the Social Security Administration, uses federal data to electronically insure that potential employees are who they say they are. Liberty's offering of the service provides step-by-step instructions, along with archivable Form I9's.

The program is about 95% accurate and that percentage is due mostly to people failing to update the government when they change addresses or change their name after they are married. The appeal process can be somewhat complicated, which is why Liberty teamed with Form I9 for their E-Verify services. The simple notification to the employee informs that person of all their rights and obligations.

As statistics begin to roll in, perhaps Americans will see some answers to age-old immigration questions. Perhaps, those answers will lead us toward solutions.

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Obama Administration Supporting E Verify

The Obama administration announced it will require all federal contractors to run potential employees through the electronic E Verify system.

E Verify is a web based system that operated by the Department of Homeland Security and the Social Security Administration. The system compares information from an applicant's employment eligibility form, known as an I-9, against federal government databases to verify that the individual is legally authorized to work in the United States.

Liberty Screening offers an excellent resource for verifying employment eligibility using the E Verify database.

The decision puts the administration at odds with some Congressional Democrats who believe the program is flawed and burdensome for employers.

"I support greater enforcement of workplace immigration laws, and strong penalties for employers that knowingly violate these laws, but I do not believe E-Verify is the best way to achieve those goals," Rep. Joe Baca, D-San Bernardino, said in a statement.

E-Verify "incorrectly rejects too many workers who should be approved, especially foreign-born workers who have become naturalized citizens," Baca added. "This creates a discriminatory system."

E-Verify has been available on a voluntary basis to employers since 1997. More than 134,000 employers have signed up, and nearly 97 percent are automatically cleared to work, according to Homeland Security officials.

"It is good to see that the administration understands how important it is to protect American jobs from being taken by illegal immigrants," said Lewis, senior Republican on the House Appropriations Committee. "Even though the administration has taken this step, it is important to make it a permanent part of our immigration law."

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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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Senators Demand Review of Government Terrorist Watch List

Three US Senators believe that the Maryland State Police Department entered the names of 53 peaceful protesters into the federal databases that watches terrorist activity, and they are demanding a list of those databases.

Benjamin L. Cardin (MD-D), Barbara A. Mikulski (MD-D), and Russell Feingold (WI-D) are the senators involved. "We want to make sure the individuals that are impacted are cleared," said Cardin. "We're not sure what has been done with the federal data bank and we're not sure what procedures are in place to make sure that this doesn't happen again."

Maryland police say they intend to purge their internal files as well as the files from the drug-trafficking database, and are adamant that the names did not reach the no-fly list or the other databases, "at no time was any individual placed on a terrorism watch list," said Maryland State Police spokesman, Greg Shipley.

Though citizens may be aware that list such as these exist, they may not realize the far-reaching impact of them. Liberty's Quick Check search actually utilizes many federal terrorist database lists in an effort to reduce workplace violence and crime.





Washington Post article

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EVerify - Employment Eligibility and Your Obligations

Many states have passed recent laws mandating that employers process all new employees through the EVerify system, which is government mandated and maintained by the Department of Homeland Security and the Social Security Administration.



The beurocratic red tape surrounding the new mandates are overwhelming at first glance, however, are quite simply created to protect not only the employer from hiring illegal workers, but for employees themselves to be granted the right to prove they are legal and free to work in the US.





However, many employers are finding it difficult to comply with the rules. A person may be run through the EVerify system after they are hired, but must be terminated immediately if they are found to be in violation. If the employer knowingly retains the employee, legal action and penalties against them can be harsh.





That is not the most confusing part. The "Tentative Non-Confirmation" is where it gets sticky. Some employers are rashly terminating the employee and breaking from protocol by doing so. The non-confirmation is just that, unconfirmed status. Perhaps the applicant used a different spelling of their name than what is on file with the SSA and that is what returned.





Employers obligations in these cases are the continue employing the individual until the matter is resolved. Only at the time the employee receives a "Final Non-Confirmation" is it appropriate to terminate.





Employees have rights and EVerify works to help protect both sides of the coin. Used properly, it is the most effective tool available to verify the eligibility of your employees.





Liberty Screening is partnered with Form I9 to provide the service to our customers.

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