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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New Bill to Verify Legal Citizenship For Mortgages

Congressman Kenny Marchant (TX) unveiled a new bill this month.

The Mortgage E-Verify Act would introduce as a condition that any applicant for modification of a home mortgage load held by Frannie Mae or Freddie Mac, or insured by the FHA, that the applicant be required to successfully pass through an E-Verify inquiry.

E-Verify is the federally mandated program that determines if someone is legally allowed to work and live in the United States. Marchant said, "E-Verify is a fantastic program which I have supported making permanent for employers. Mandating its use as a condition for home mortgage loan modifications would help eliminate waste, fraud, and abuse in the system and bring integrity to the process."

The bill is spurred by a major Nevada case where a mortgage company/branch manager conspired to manufacture and submit false employment and income documentation for borrowers, most of whom were illegal immigrants.

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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 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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