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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E-Verify Works!

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.

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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 Measure up for Debate

As the negotiations for Obama's economic stimulus plan continue on Capital Hill, proponents of the E-Verify system are taking a stand.

E-Verify is a government program that checks a worker's immigration status against the Social Security Administration and the Department of Homeland Security. Immigration advocates believe using the E-Verify system lowers the rate of illegal immigrants becoming employed. Federally contracted workers, and several states across the nation, are already required to use E-Verify and face steep penalties if they are found to employ illegal workers.

The House version of the stimulus bill includes a provision for all companies or banks receiving funding from the federal government that requires them to participate in the E-Verify program.

But opponents of the provision insist that reporting errors from the SSA or Department of Homeland Security could result in thousands of wrongful terminations and essentially slow down the economy as a result.

However, proponents of the measure believe that any jobs available in the market should go to legal immigrants or American citizens, and using E-Verify will be a tool to insure that happens.

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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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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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