For those of you who are adamant about immigration laws, NumbersUSA recently developed a searchable E-Verify database. There you can locate over 200,000 businesses that currently use E-Verify.
You can use the database to find locally owned businesses who actively use E-Verify to insure their employees are legally authorized to work in the US.
Find the database here!
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:
In a recent report by US Citizenship and Immigration, 1,000 new employers sign up to access the government program, E-Verify every week. Some of those signing up are following state regulations while others use it to avoid hefty fees associated with hiring unauthorized workers.
In Tennessee, the number of businesses using E-Verify has risen from 380 to 2,7171 in just four years. The state doesn't currently have a law requiring the use of E-Verify and a bill proposed earlier this year to do just that has been withdrawn.
"It really gives you the peace of mind to know that the documents you are getting from new hires are legitimate and were obtained legally," said Rachel Bragg from FreshPoint Tomato in Tennessee.
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."
E-Verify is the government program that verifies employment authorizations of US citizen's and non-citizen's alike.
The system is fairly simple to use, though there are strict regulations surrounding the program. It has recently come under fire for inaccuracies. There is some indication, however, these inaccuracies are based solely on the fact that Human Resources representatives are not doing their share in verifying that documentation is legal and legitimate.
E-Verify is an excellent tool, but if an undocumented worker is borrowing a documented, authorized works papers, identification, and identity, there is truly no way to detect that they are fraudulent.
It is strongly advised that recruiters familiarize themselves with each type of documentation.
Liberty is happy to provide sample documentation upon request.
Federal Authorities raided Koch Foods, Inc in a 2007 immigration raid in Fairfield, OH - just north of Cincinnati.
Authorities took in 161 workers who were in the country illegally at the Koch plant.
U.S. Immigration and Customs Enforcement said Friday that the fines are in direct relation to the filling out employment forms and verifying those forms.
Koch has since taken measures to avoid future violations and states that there is no evidence any at Koch knowingly broke the law.
February 16, 2010 - The state of Virgina passed a bill by an 82-13 margin that requires public contractors, state agencies, and Virginia based employers to use the government's E-Verify program.
The program seeks to ensure that any number of the 7-8 million illegal aliens in the United States do not take state funded jobs away from the more than 15 million Americans currently unemployed.
Congressman Kenny Marchant (TX) unveiled a new bill this month.
The Mortgage E-Verify Act would introduce as a condition that any applicant for modification of a home mortgage load held by Frannie Mae or Freddie Mac, or insured by the FHA, that the applicant be required to successfully pass through an E-Verify inquiry.
E-Verify is the federally mandated program that determines if someone is legally allowed to work and live in the United States. Marchant said, "E-Verify is a fantastic program which I have supported making permanent for employers. Mandating its use as a condition for home mortgage loan modifications would help eliminate waste, fraud, and abuse in the system and bring integrity to the process."
The bill is spurred by a major Nevada case where a mortgage company/branch manager conspired to manufacture and submit false employment and income documentation for borrowers, most of whom were illegal immigrants.
In a strange turn, an audit by the SSA's inspector general discovered that the department responsible for maintaining the E-Verify system has failed to check their own employees. It failed to check 19% of new hires in 2008 and 2009. Nearly half of the checks they did perform were not done according to time limitations set by E-Verify.
All federal agencies are required to check their new hires agaisnt the system. Federal contractors are also required to check new hires, and three states require all businesses check new hires.
All Federal contractors are required to process their employees through the government E-Verify program. It is an federally maintained electronic database system containing Social Security and other records. Now, cities across the US are getting in on the act.
Dallas' city areas have begun to adopt new requirements for city contractors in an attempt to tackle illegal immigration. "I want people we do business with to show they're doing their due diligence," said Lewisville city council member, John Gorena.
Though three states - Arizona, Mississippi, and South Carolina currently require all employers to make use of the system, Texas currently has no such requirement. The proposal was met with some criticism and opponents concerned about getting too involved in developing immigration policies.
In an interesting move, the Rhode Island Council of Churches has issued a document urging their followers to be compassionate toward immigrants - illegal or otherwise.
Reverend Donald Anderson stated that the document wasn't to be considered a policy paper, but more of an outline on the principles of immigration as described in the bible to help those with faith approach the issue.
The document outlines many cases of immigration in the bible, most notably the Jewish relocation from Egypt. It proceeds to argue "Since one motivation for immigration is the relative prosperity of the U.S., some may argue that the federal government should protect that prosperity from declines caused by excessive immigration. It is not clear if the U.S. economy is improved or worsened by immigration."
It lists some standard acceptable beliefs such as giving legal status to families attempting to reunite.
The immigration debate goes in cycles, but it seems we're in for a long slow burning as all sides continue to weigh in on the best approach to the issue. What is certain, E-Verify is currently here stay, and the R.I. Council of Churches had nothing bad to say about that particular standard.
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.
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...
Liberty's E-Verify service goes above and beyond the free government program. We offer support for hard questions. Sure, it's easy to verify authorized employees, but there are stringent laws employers are faced with when they are unable to confirm the candidate's authorized status. By the same token, the candidate themselves are protected under federal law. Many clients we've registered, for example, had no idea that E-Verify is never to be used a pre-screening tool. It is intended for use after-hire, and there is a small three day window in which to verify the candidate's status. Likewise, the employee cannot be terminated if E-Verify is unable to confirm their authorization. They have a time-frame to prove their authorization.
Liberty's service is step-by-step. We provide our clients with the documentation they will need to provide to the candidate, informing their new-hire of their rights and effectively reminding the hiring agent of the new-hire's rights as well.
In conjunction with our E-Verify service, we offer Electronic Form I-9's, an essential element to remain in compliance, and a total saving grace when it comes to government audits. Form I9's are filled out, signed, and stored electronically, a completely paperless and error-proof system. Any new-hire put through E-Verify must have the corresponding I9 documentation to support their status and an actual employee of the company. Liberty's services can help save companies thousands in legal fees and fines if they are ever audited.
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.
Immigration and Customs Enforcement (ICE) sent out 652 letters to businesses around the US informing them they would be subject to an audit ensuring they are following federal hiring procedures by enforcing a no tolerance policy for employing illegal immigrants.
The letters sparked massive layoffs of undocumented workers by large companies such as American Apparel and Overhill Farms. L.A. activists said this particular measure has swollen the ranks of the unemployed in the midst of the economic crisis.
However, the candidates that were laid off received a "no match" letter when put through the E-Verify program. Candidates were then provided a large window, 30 - 60 days, to receive proper documentation in order to save their jobs. If they cannot provide the documentation within that time frame, they will be unemployed.
Much of these actions angers immigration activists:
In an open letter posted on the website of the Southern California Immigration Coalition, workers fired from American Apparel, Overhill Farms and Farmer John’s wrote:
This is clearly the fault of the Obama Administration and only he has the solution in his hands to stop the cheap scapegoating and racial profiling of immigrants that is now sweeping America. This is certainly not the change we voted for, and not the immigration reform promised by President Barack Obama."
Activists argue that targeting employers does not create real reform, though the traditional method of border patrol and deportation has not proved successful. It might take a few years of American businesses being targeted before real reform can take hold.
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:
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.
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."
article
Minnesota governer Tim Pawlenty ordered that all state agencies and contracters use the E-Verify system for new employees eighteen months ago. A recent state audit found the use of E-Verify to be loose at best. The governer's own office hasn't screened any new hires since the mandate came down.
No Minnesota state agency has used the federal electronic identity-check system known as E-Verify, according to the office of the Legislative Auditor. All in all over 7,000 workers were hired last year.
The lack of oversight is bureacracy. The state is attempting to work with a vendor to secure a centralized system for screening the new hires. Presumably, they need a specific process.
E-Verify, when used properly is a very effective means to deter illegal immigration at the very source of the problem. The burden of the administration of this extremely effective program falls into the employers lap. Lack of oversight could cause serious problems if a company's program was audited.
Minnesota state agencies will presumably begin using this program, hopefully the stall has given them the time needed to create an excellent oversight program
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