E-Verify Cannot Detect Identity Fraud

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.

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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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BREAKING: Koch Foods Fined Over Half a Million Dollars in Immigration Raid

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.

Koch was fined over $536,000.

Ask Liberty to find out more about our services that include error-proof, paperless, electronic Form I9 to avoid your own fines.

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Virginia Considers E-Verify

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.

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Rhode Island Churches Weigh In on the Immigration Debate

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.

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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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Immigration Reform Calls for Employment Authorization

Rep. Luis Gutierrez (D - Chicago) progressive stance on immigration reform can be found on a recent bill he will introduce to the House in coming weeks.

In an obvious stance for immigration rights, Gutierrez worked closely with the Illinois Coalition for Immigrant and Refugee Rights Gutierrez developed the bill to say, "If you come here to hurt our communities, we will not support you, but if you are here to work hard -if you are here to make a better life for your family- you will have the opportunity to earn citizenship."

• The bill would likely enhance the troubles with E-Verify, used now by access the Social Security Adminstration and the Department of Homeland Security to ensure all workers in the US are authorized for employment. E-Verify has come under scrutiny for lag time in updating resources and the reporting of misinformation. In essence, E-Verify is an excellent program that targets employers and holds them responsible for employment decisions.

Among the demands to bill targets to meet are those of improving the verifications for a worker's legal status and a legalization program for unauthorized workers who've been in the US for more than 5 years and meet other criteria.

Not everyone agrees with these ideas. “Amnesty for illegal aliens is what this is all about,” said Dave Gorak, executive director of the Midwest Coalition to Reduce Immigration. “When you reward people for breaking law you only encourage other to do same,” he said.

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Liberty Screening and E-Verify

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.

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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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Immigrant Activists Angered by E-Verify Program

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.

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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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Illegal Immigrants with Criminal Records

Deportations are up 10% in the Pacific Northwest states of Washington, Oregon, and Alaska. 60% of those illegals deported were found to have criminal records, an astounding number.

The threat posed by these immigrants is imminent. Often hired illegally, criminal background checks are not imposed on them. They are working for less than then an American employee is, but the employer also knows less about them. Statistically, a person who has committed a crime is much more likely to commit another. The vulnerability the companies face is enormous. They do not even distinguish between those immigrants with misdemeanor records from those with violent pasts.

Earlier this month, Homeland Security released a list of 652 businesses nationwide that will receive audits of their work force - 26 are in the Pacific Northwest.

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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 Deters Illegal Immigrant Applicants

Bill Ekler is the CEO of Overland Products in Fremont, NE, one of the many states that have adopted statewide EVerify laws. Soon after the ordinance came into effect, Ekler posted a notifications that Overland would be participating in the program and would determine whether prospective employees had valid Social Security numbers. The number of job applicants quickly dropped.

“It became clear that you’d better have those documents to work here,” Ekler said. “…I didn’t want undocumented workers to make my life miserable.”

That misery he is referring to is the penalties and fines employers face for hiring illegal workers. Even in those states that do not require E-Verify, the penalties apply. There are serious legal fees ranging from $250 - $11,000 per violation including possible jail time.

The penalties don't just apply to those who knowingly hire illegals, if an employer cannot prove it took the proper steps to verify their employment status and continued to employ them.

There is currently a push in Washington to implement the program on a national scale that would require all states to participate. Currently, all federal contractors must use the E-Verify program to verify the identity of their workers.

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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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Dallas School District Issues Fake Social Security Numbers

The Dallas Independent School district has been providing fake social security number to foreign citizens in an attempt to get them on the payroll quickly. Some of the numbers used were already assigned to citizens living elsewhere. In some cases, the certification office used the numbers to run criminal background checks on the new hires.

In an internal report issued in September, the district’s investigative office said that the Texas Education Agency learned of the bogus practice in 2004 and informed DISD that the practice “was illegal.” How long DISD has been issuing the fake numbers is unclear, and it is unknown how many have been issued. The report indicates, however, that the practice went on for many years and was discontinued only last summer.

The fake numbers were issued as a stopgap to expedite the hiring process when hiring positions particularly for bilingual education. The individuals receiving the bogus SSN’s were supposed to tell the officials when they receive their real numbers so they fake ones could be replaced. The investigation found no indication that the fake numbers were provided to the Teacher Retirement System, the IRS, or the SSA.

In July, the district confirmed that 26 of the false numbers were in use after accessing the Social Security Administration database. Liberty accesses a similar system through our partner, Form I9, which verifies the eligibility of a name and social security number electronically. It is unknown at this time whether anybody holding those numbers has been negatively affected.

Though the school district was told to stop issuing the numbers in 2004, the Texas Education Agency’s director, Doug Phillips said his office believed the practice had been stopped at that time. He said Thursday that he was unaware of a law that forbid issuing fake Social Security numbers, “We knew it looked bad and smelled bad. That was the first time we ever heard of that one.”

It is unknown at this time what, if any, action DISD will face for these charges.

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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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