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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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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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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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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