Social Security Administration Fails Audit

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.

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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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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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