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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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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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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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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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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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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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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