Form I-9 Employment Verifications

USCIS tracking E-Verify participant data

2010-02-07T21:08:00.000-08:00

2009 was a year of significant government initiatives in the area of immigration compliance: a new I-9 form was released limiting the types of qualifying documents; U.S. Immigration and Customs Enforcement (ICE) initiated numerous I-9 audits by issuing Notices of Inspection (NOIs) to over 1,650 employers across the country; the Social Security No-Match regulation was abandoned; United States Citizenship and Immigration Services’ (USCIS) Office of Fraud Detection and National Security (FDNS) initiated thousands of H-1B employer site visits; and E-Verify was made mandatory for numerous federal contractors via a new regulation made effective on September 8, 2009.

House OKs Three-Year Extension of E-Verify Program

2009-10-28T21:53:00.001-07:00

With action on comprehensive immigration reform pushed off to next year, the House approved a homeland security funding bill on Thursday, October 15, that would renew a government-run electronic employment verification system.

A provision to extend the mechanism, known as E-Verify, for three years was included in a $42.8 billion appropriations measure the House approved, 307-114, that would fund the Department of Homeland Security for the next fiscal year.

The bill was a product of House-Senate negotiations and is expected to be approved by the Senate.

It allocates $137 million to improve E-Verify’s accuracy and compliance rates and $135 million for Immigration and Customs Enforcement to hire special agents for workplace immigration audits.

During bicameral talks last week, Senate amendments that would have permanently authorized E-Verify and would have codified a regulation that makes E-Verify mandatory for federal contractors were dropped.

The decisions cool for now a simmering debate over the effectiveness of E-Verify.

“There’s no consensus on making it permanent, and no interest in tackling this as a stand-alone issue with the prospect of a more wide-ranging debate on comprehensive immigration reform looming in the future,” says Eric Bord, a partner at Morgan, Lewis & Bockius in Washington.

The mechanism, which checks employee information from I-9 forms against Social Security and homeland security databases, is used voluntarily by more than 148,000 employers.

Groups such as the Society for Human Resource Management have criticized the system for being inefficient, ineffective and unable to detect identity theft. They say that mistakes in government records could cause hundreds of thousands of legal workers to be declared ineligible.

Feds to start immigration crackdown on contractors

2009-09-09T07:40:00.001-07:00

WASHINGTON — For federal contractors, it's time to start checking whether employees are able to legally work in the United States.

Beginning Tuesday, the federal government is requiring federal contractors to use the E-Verify system to check the immigration and citizenship status of the people they hire and assign to new federal contracts.

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Contractors have 30 days from the date a contract is awarded to enroll in E-Verify, and 90 days to start submitting information on new hires and certain current workers. Contractors have the option of checking their entire work force, once they notify the government of their intent to do so. They also will be responsible for requiring subcontractors to use E-Verify.

U.S. Intensifies Audits of Employers

2009-08-30T11:34:00.001-07:00

John Morton, the new chief of U.S. Immigration & Customs Enforcement, a unit of the Department of Homeland Security, said that the agency is set to increase the number of companies it will audit and systematically impose fines on violators. Violations could also lead to criminal charges, he said.

E-Verify Verges On Expansion While Congress Weighs Immigration Reform
Used voluntarily by more than 137,000 employers, E-Verify checks new-hire information against Social Security and DHS databases. DHS announced in July that it would implement on September 8 a regulation compelling federal contractors to use E-Verify.

If Immigration Audits Your Employees' Legal Status

2009-08-18T10:21:00.001-07:00

The U.S. Homeland Security Dept. under the Obama Administration has continued a Bush-era policy of focusing on employers when enforcing immigration laws. Hiring records, even for small and medium-size businesses, are coming under additional scrutiny, and fines are being levied for violations.

E-Verify Under Fire

2009-08-10T22:08:00.000-07:00

The U.S. Department of Homeland Security (DHS) recently announced that it will rescind a rule outlining actions employers should take when they receive a “no-match” letter from Social Security Administration indicating possible illegal employment… DHS indicated that it still intends to pursue more recently proposed rules that would require federal contractors to enroll in the government’s E-Verify system and check the work authorization of all new hires and all employees assigned to a federal contract.

SHRM Urges Virginia Assembly to Reject E-Verify Employer Mandate
In testimony today on behalf of the Society for Human Resource Management (SHRM), former Congressman Bruce A. Morrison urged the Virginia Small Business Commission to reject proposals to mandate the use of E-Verify by Virginia employers.

Immigration Compliance Complexities

2009-07-20T09:38:00.001-07:00

The Department of Homeland Security made some moves in July that reflect a continued shift toward investigating employer -- not illegal-immigrant -- violations. Immigration and Customs Enforcement has announced hundreds of planned company audits and continues to make efforts to enhance the E-Verify system.
By Anne Freedman, HR Executive Online

Never an easy problem to begin with, immigration compliance continues to be ever more complex and difficult.

Just this month, the Department of Homeland Security announced it would rescind its No-Match rule, which required the Social Security Administration to notify employers when employee Social Security numbers do not match data in the SSA database.

The rule, which actually never went into effect after the filing of a lawsuit challenging it, required employers to act to correct any discrepancies with the SSA information.

Within days of that decision, U.S. Immigration and Customs Enforcement, which is part of DHS, also revealed it planned to audit more than 600 employers to ensure compliance with hiring laws.

And, about the same time, DHS announced it would require the use of E-Verify screening for all federal contractors and recipients of bailout funds by Sept. 8. That's another initiative that had been long-delayed by a lawsuit.

Read more

USCIS issues guidance on the Form I-9's expiration date

2009-07-13T15:38:00.000-07:00

US Citizenship and Immigration Services (USCIS) announced June 26, 2009, that the Form I-9, Employment Eligibility Verification (Rev. 02/02/09) will continue to be valid for use beyond June 30, 2009. USCIS has requested that the Office of Management and Budget (OMB) approve the continued use of the current version of the form. While this request is pending, the Form I-9 will not expire, said the agency. USCIS will provide an update when the extension is approved. Employers will be able to use either the Form I-9 with the new revision date or the Form I-9 with the 02/02/09 revision date at the bottom of the form. For more information on the Form I-9, please visit: http://www.uscis.gov/i-9.

Pursuant to the Immigration Reform and Control Act of 1986, all employers, agricultural recruiters and referrers for a fee are required to verify the identity and employment authorization of each individual they hire for employment in the United States, regardless of that individual's citizenship. As part of the verification process, employers and employees must complete the Form I-9, with employers retaining the form for a statutorily established period of time (three years after the employee's date of hire or one year after the date that employment is discharged) and make the form available for inspection for certain government officials.

The documents designated as acceptable for the Form I-9 are divided among three lists: List A—documents that establish both identity and employment authorization; List B—documents that establish only identity; and List C—documents that establish only employment authorization. Many work authorization documents must be renewed on or before their expiration date, requiring the Form I-9 to be updated. This process is called reverification. The Department of Homeland Security recommends using a "tickler" system to keep track of employees with documents of limited-duration work authorization.

USCIS issued a reminder that effective April 3, 2009, all US employers are required to use the revised Form I-9. The revised Form I-9 reflects changes made to the list of documents acceptable for the form pursuant to an interim rule (http://edocket.access.gpo.gov/2008/pdf/E8-29874.pdf) issued in the Federal Register. The interim rule narrowed the list of acceptable identity documents and further specifies that expired documents are not considered acceptable forms of identification. (www.uscis.gov.)

Employer use of federal E-Verify program on the rise

2009-06-24T20:55:00.000-07:00

Construction company CEO David Dominguez no longer worries about inadvertently hiring workers who are in this country illegally. That's because he uses E-Verify, the federal program that allows him to quickly check the legal status of potential employees.
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The voluntary federal program has seen a rapid growth in use this year, Department of Homeland Security records show. More than 1,000 employers are signing up each week on average, and employment checks are approaching 200,000 a week.

E-Verify federal contractor rule delayed until Sept. 8th

2009-06-18T21:05:00.000-07:00

For the fourth time, the federal government has delayed the effective date of a rule amending the Federal Acquisition Regulation (FAR) to require that certain federal contractors and subcontractors use the federal government's E-Verify program, announced the US Chamber of Commerce, one of the litigants in the case challenging the legality of the rule. The parties have agreed to delay the effective date of the rule to September 8, 2009. The rule has been delayed in order to allow the Obama Administration more time to complete its review of the rule. The decision to delay was reached by agreement between the parties to the lawsuit. Therefore, as it stands now, on or after September 8, contracting officers must include the new E-Verify clause in affected contracts. In addition, contracting officers should modify, on a bilateral basis, existing contracts to include the clause on or after that date. the Federal Acquisitions Regulatory Councils will publish a notice of delay in the Federal Register on June 5.

Immigration Enforcement Targets Employers

2009-05-25T14:35:00.001-07:00

Homeland Security chief Napolitano says the agency will step up employment verification efforts using the controversial E-Verify system
The Obama Administration plans to intensify efforts begun under the Bush Administration to crack down on companies that knowingly hire illegal immigrants, according to Janet Napolitano, the new head of the of Homeland Security Dept.

Effective Date of E-Verify Rule Delayed Third Time

2009-04-20T22:38:00.001-07:00

The federal government has pushed back, for the third time, the effective date of a new rule requiring federal contractors to use the federal government’s E-Verify electronic employment eligibility verification system. The latest effective date is June 30, 2009.

E-Verify is the U.S. Citizenship and Immigration Services’ system that organizations with federal contracts would be required to use to determine if their new hires and existing employees were authorized to work in the United States.

The rule, which would amend an existing regulation, originally was to take effect Jan. 15, 2009.

The Society for Human Resource Management (SHRM) challenged the legality of the rule in a lawsuit filed Dec. 23, 2008, noting that the system’s reliability has come into question and that use of the system was originally intended to be voluntary. A Government Accountability Office report to Congress reiterated long-standing criticisms of E-Verify, SHRM Online reported July 14, 2008.

SHRM is concerned, says Nancy Hammer, manager of SHRM’s regulatory and judicial affairs, “that the rule exceeds the government’s authority by mandating use of the E-Verify program, which was designed as a voluntary pilot project, and by mandating the re-verification of existing federal contract employees, currently not allowed.”

E-Verify would apply to federal contracts with a performance period of more than 120 days and a value of more than $100,000, according to an April 16, 2009. statement from Andrew B. Greenfield, a partner in Frogmen, Del Rey, Bernsen and Loewy, LLP, a Washington, D.C. law firm that writes periodically about legal issues for SHRM Online.

Service and construction subcontracts of a covered contract would be required to include the E-Verify clause if the subcontract’s value is more than $3,000, he noted.

Exemptions to the rule would include contracts for items that are available commercially “off the shelf” or that require only minor modifications, federal contracts for food and agricultural products shipped as bulk cargo and contracts for work performed outside the United States.

The U.S. Chamber of Commerce, Associated Builders and Contractors, HR Policy Association and the American Council on International Personnel joined SHRM in the lawsuit, which seeks to have the planned rule rescinded. Earlier, the U.S. Justice Department rescheduled the date from Jan. 15 to Feb. 20, 2009.

SHRM is hopeful, Hammer said, that “this additional delay of the rule allows more time for the government to re-evaluate its position and consider SHRM’s concerns.” In light of the delay in the rule’s effective date, she added, the parties have agreed to extend the stay of the lawsuit.

A notice delaying the rule until June 30, 2009 was published in the April 17, 2009 Federal Register.

Homeland Security: Employers can no longer use expired documents in hiring

2008-12-24T12:37:00.001-08:00

Beginning in February, employers in the United States will not be allowed to use expired documents to verify workers' employment eligibility.

The interim rule, published on Wednesday in the Federal Register by the Homeland Security Department, aims to streamline the employment eligibility verification process and crack down on fraud. As of Feb. 2, 2009, expired U.S. passports or state-issued driver's licenses and other outdated identification cards will no longer qualify as valid documentation for Form I-9. Social Security cards will not be affected by the change because they do not expire.

"Expired documents are prone to fraudulent use in the Form I-9 process by aliens seeking unauthorized employment," the Federal Register notice stated.

Employers must fill out Form I-9 for all new hires to verify their identity and authorization to work in the United States. The form, mandated by the 1986 Immigration and Reform Control Act, is a key component of DHS' controversial Electronic Employment Verification System. Employers still can use the paper version, but there also is I-9 software that integrates identification information into E-Verify.

New hires can present various forms of identification to prove their work eligibility. The list of approved documents is divided into three categories: List A, which includes documents that verify identity and employment authorization; List B, which confirms identity only; and List C, which certifies employment authorization only. U.S. passports are included on List A, while driver's licenses fall into category B. Workers must either provide one document from List A, or one document each from lists B and C.

The interim rule also eliminates several types of identification included on List A: temporary resident cards and older versions of the employment authorization card/document (Forms I-688, I-688A and I-688B). DHS no longer issues those forms of ID.

While the new regulation takes effect on Feb. 2, the department is accepting comments and could modify the final rule.

Regulation Requires Federal Contractors to Use E-Verify

2008-11-24T21:00:00.000-08:00

Federal contractors will be required to use a government-run electronic employment eligibility verification system starting early next year under a regulation announced Friday, November 14.

The Department of Homeland Security said the 274-page rule will go into effect January 15, 2009. Companies that win a federal contract of more than $100,000—and subcontractors with contracts of greater than $3,000—will have to enroll in E-Verify, the electronic verification mechanism, within 30 days of being awarded the work.

The firms will have to check the eligibility of existing and new employees who directly work on federal contracts. The regulation was first issued as an executive order by President Bush in June. The original regulatory proposal received 1,600 public comments.

Currently, about 92,000 companies use E-Verify. The contractor rule could add an additional 150,000 to 180,000 employers.

Under the system, new-hire information from I-9 forms is electronically compared with Social Security and DHS databases.

Many employer groups have criticized E-Verify for being inaccurate, inefficient and unable to detect identity theft. They argue that the 4.1 percent error rate in the Social Security database could lead to millions of people being incorrectly ruled ineligible for work.

Supporters of E-Verify say the system confirms 96 percent of queries instantly and has an error rate of less than 1 percent. The program, which is voluntary, has become a foundation of the Bush administration’s stepped-up work-site enforcement efforts.

The crackdown intensified after the demise of comprehensive immigration reform in the Senate in 2007. Observers say the federal contractor requirement is a way for the DHS to significantly boost E-Verify participation.

“The administration is trying to accomplish through regulation what it cannot accomplish through legislation,” said Eric Bord, a partner at Morgan Lewis & Bockius in Washington.

The fate of the regulation, however, is not necessarily settled. Under the Congressional Review Act, Congress has 60 days to reject a regulation. But the E-Verify rule is scheduled to go into effect before the new Congress is seated in January. The current Congress probably wouldn’t act in a lame-duck session next week.

In addition, Congress could stop a rule by refusing to appropriate money for it. Beyond legislative challenges, businesses could sue to stop the implementation. Employer groups are questioning the legality re-verifying existing workers. They also say that the implementation is occurring too quickly.

“I don’t think the last word on the E-Verify contractor rule has been spoken,” said Mike Aitken, director of governmental affairs for the Society for Human Resource Management.

After Congress resumes work next year, it will have to reauthorize the law that established E-Verify, which is scheduled to expire in March. The program would have sunsetted this month if Congress hadn’t extended it to March earlier this fall.

It’s unlikely that President-elect Barack Obama will oppose the contractor rule, according to Bord.

“I would be surprised if an Obama administration’s first initiative in immigration would be to rescind something that is seen by the public as an enforcement tool,” Bord said.

He also anticipates an extension of the E-Verify law.

“The Obama administration will take a very low-key approach to E-Verify and endorse its quiet reauthorization in March in order to avoid opening the Pandora’s box of comprehensive reform,” Bord said.

Ultimately, employer groups such as the HR Initiative for a Legal Workforce, which is led by SHRM, want to overhaul E-Verify. They are promoting legislation that would create what they call a better and more secure approach to electronic verification.

“Instead of extending E-Verify to federal contractors, we should take the time to make improvements to the system,” Aitken said.

While Congress continues to mull E-Verify policy, Bord says all companies should prepare for its expansion.

“If you are a non-contractor, you need to see this as a preview of things to come because states will increasingly regulate in this area,” he said.

- Mark Schoeff

Contractors must verify immigration status
Federal Times - USA
Contractors would report the immigration status of their employees using the Homeland Security Department’s E-Verify online system.

Final E-Verify rule kinder to small businesses
Nextgov - Washington,DC,USA
Under a final rule published in the Federal Register on Friday, companies only will need to insert a clause requiring vetting through the E-Verify system

Government to Limit Planned Crackdown on Illegal Immigrants
Washington Post - United States
The Bush administration has made the work eligibility system, called E-Verify, a main pillar of its fight against illegal immigration, proposing to make its

Feds reissue 'no-match' rule

2008-10-24T12:12:00.000-07:00

The Department of Homeland Security reissued its Social Security "no-match" rule for employers Thursday, and said it will seek court approval for the requirement. A federal judge had ordered a preliminary injunction against the rule in October 2007 to prevent it from taking effect.

Opponents argued the rule relies on an error-prone Social Security Administration database and would result in legal workers being fired and discrimination against those who look or sound foreign. Those that sued to stop the rule include the American Civil Liberties Union, the AFL-CIO and the Chamber of Commerce of the United States of America.

The no-match rule requires employers to take a series of steps if the Social Security Administration notifies them of workers whose Social Security numbers don't match their names on file. The steps could include firing workers who can't resolve the match within 90 days. If employers don't take action, the Department of Homeland Security would consider them to have knowledge that they hired illegal workers if they are later discovered in an on-site investigation.

Social Security numbers that don't match may be the result of a clerical error or name change, but they might also come from a fake number given by an undocumented worker.

Border Insecurity: Immigration Reform and Talent Management

2008-08-31T23:02:00.000-07:00

Comprehensive immigration reform intertwines illegal workers and national security into a single emotional debate. But it's the talent and performance implications that have many talent managers feeling insecure.

As election season heats up in the United States, comprehensive immigration reform efforts have cooled off. With skilled talent continuing to come at a premium, more and more organizations are feeling the resulting pinch.

Read more.

States do fed's jobs on immigration

2008-06-27T21:42:00.001-07:00

What most states are turning to is E-Verify – the electronic verification system designed to ensure that people working here are legally entitled to. Gerri Ratliff, who is in charge of the E-Verify program for the homeland security department, reported that only 15 states haven't had some piece of legislation introduced or passed on this program.

Checking citizenship made mandatory
President Bush's executive order directs federal contractors to finally do what federal agencies already do -- use the E-Verify Internet system to confirm a worker's legal status within seconds.

Millions of contract employees to be vetted for legal employment status
Federal contractors will be required to vet nearly 4 million current and future employees through an online government database to verify their legal working status, under a proposed rule published last week in the Federal Register.

Agents arrest five supervisors at poultry plant
Federal agents have arrested five supervisors at a Greenville poultry plant as part of an investigation into alleged immigration violations, authorities said Wednesday.

Sun Valley labor problem focuses on work authorization challenges
As the largest investigative arm of the Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE) is making its presence felt at more than Sun Valley Floral Farms.

Excerpted Remarks by Homeland Security Secretary Michael Chertoff and Department of Commerce Secretary Gutierrez at the State of Immigration Address

2008-06-24T22:35:00.000-07:00

One critical tool for our success is giving the employer the means to check whether the applicant for a job is in fact presenting a valid social security number and name that match what is in our government databases. And the tool used to do this is E-Verify. This system has been a tremendous success, and the proof of the pudding is the marketplace itself. Every week on average, about a thousand new employers join this program. And I will tell you that at this point, I will estimate that is almost -- maybe actually more than ten percent of the new hires being hired in the United States are currently being run through this E-Verify system.

We have almost 70,000 employers currently enrolled. The system works. Of those workers who are legal, 99.5 percent of them roughly are verified essentially instantaneously. And if those workers who have a mismatch -- legal workers who we estimate to be about a half a percent, they are able generally to resolve their issue within less than two days.

Report critical of effect of state's employer sanctions law

2008-06-01T18:47:00.000-07:00

Report critical of effect of state's employer sanctions law
Fewer than 15 percent of Arizona employers - about 20,000 - have signed up to use the federal government's E-Verify system to check whether a new employee's name matches the employee's Social Security number, according to the Immigration Policy Center.

Best Compliance Practices and Immigration
The government no longer is issuing small fines to employers who commit serious Form I-9 violations. ICE now is conducting lengthy criminal investigations that result in indictments of company owners, executives, managers and other company personnel involved in these illegal activities. Criminal charges include harboring illegal aliens, money laundering and/or knowingly hiring illegal aliens. These offenses can carry a potential 10-20 year prison sentence, plus forfeiture of all company assets and revenues utilized in this illegal activity.

Businesses Learn Requirements of New Immigration LawRecently passed Mississippi Immigration legislation has businesses cramming to learn new hiring requirements. Starting July first, employers are required to verify the immigration status of new workers so companies from across the state participated in a seminar on the federal E-Verify.

Federal database assures a legal work force
Originally known as the Basic Pilot program and presented as a mandatory method of verifying work eligibility, E-Verify is presently a voluntary system that should be expanded, better funded and mandatory, with the goal of eliminating the magnet that draws illegals to our nation.

Immigration reform must be more than a 'Band-Aid'
Given that Senate and House conferees are trying for the second time this legislative session to compromise on a bill, we're not very optimistic they will produce a bill that accomplishes what they say they want to accomplish -- getting tough on businesses that hire illegal workers and thus taking away the reason many illegal immigrants are here.

Democrats Decry Immigration Raid at Iowa Processing Plant
Democrats are criticizing a recent government work-site raid targeted at illegal employees, asserting that the action separated parents from their children and devastated the local community. They called for a greater focus on employers who are breaking the law.

On immigration, bluster but little action
Tougher penalties for identity theft. A ban on so-called "sanctuary cities." New penalties for employers who hire illegal immigrants. They were among proposals declared a priority…

Blunt addresses immigration law
Gov. Matt Blunt addressed House Bill 1549 during Branson’s “Capital for the Day.” Blunt highlighted the recent action taken by the General Assembly and reported he does not think the E-Verify system will cause significant delay.

Immigration Theater
Federal immigration officials raided an Iowa meatpacking plant this month in what is being called the largest operation of its kind in U.S. history. Nearly 400 of the plant's 900 employees were arrested on immigration charges.

2008-05-12T21:17:00.000-07:00

SHRM Asks for More Time, Protection in New ‘No-Match’ Rule
The Society for Human Resource Management (SHRM) has submitted comments on the Department of Homeland Security’s Supplemental Proposed Rule clarifying a rule it finalized in 2007 on employer guidance in handling Social Security “no-match” letters regarding work eligibility.

US database verifies immigration status
Rhode Island is one of five states –– the others being Arizona, Colorado, Georgia and Oklahoma –– that require all state agencies and companies that do business with their state to use the E-Verify system. Rhode Island is also among 15 states considering legislation to mandate the use of the E-Verify system for all new hires.

Father of E-Verify Mixes It Up With SHRM Over Government’s ...
The problem with E-Verify, opponents argue, is that it relies on the current database, which has a 4.1 percent error rate and could mistakenly declare millions of people ineligible for employment.

Senate should now approve immigration reform bill
The House proved by its vote last week that it's serious about dealing with the immigration problem in this state.

Businesses hire agents to use E-Verify system
The Legal Arizona Workers Act, which went into effect Jan. 1, requires employers in the state to use E-Verify or risk losing a defense in court if prosecuted. A company risks losing its business licenses if caught knowingly or intentionally hiring illegal workers. As of May 3, nearly 24,000 Arizona employers had signed up for E-Verify.

Competing House bills use databases to check workers' legal status
Bill would force companies to use government databases to verify the legal status of workers.

Missouri House endorses E-Verify legislation
The bill would require employers to use the federal E-Verify database to check if their newly-hired employees are eligible to work in the United States.

A Business Sparked by the Online I-9
Vendors that are marketing I-9 compliance software include established background checking and hiring management firms such as Kroll…

Feds want your photo on E-Verify
The federal agency is talking with the Arizona Department of Transportation and other states' agencies "to incorporate driver's license photographs into E-Verify," according to a report on E-Verify from the U.S. Government Accountability Office.

Senate gives initial OK to immigration bill
SC proposal would require that private employers verify each workers’ legal status using either a South Carolina driver’s license, a federal electronic verification system or a new state form similar to the federal I-9 form that would be monitored by state regulators.

Mayday for undocumented workers
Again this May Day, immigrant workers are filling the streets, making the same point. Yet today, the federal government is taking actions that make holding a job a criminal act. Some states and local communities, seeing a green light from the Department of Homeland Security, are passing measures that go even further.

RI House OKs bill requiring employers to use E-Verify
Under the plan, any employer with three or more workers would be required to confirm through an online government database whether the new hire is authorized to work in this country.

RI House OKs immigration billThe bill, adopted 53 to 17, would force all companies in Rhode Island to use a federal database called E-Verify to determine whether new hires are in the country legally.

DHS Extends Optional Practical Training for Certain Highly Skilled Foreign Students Employed by Businesses Enrolled in E-Verify

2008-04-21T21:45:00.000-07:00

The U.S. Department of Homeland Security released an interim final rule extending the period of Optional Practical Training from 12 to 29 months for qualified F-1 non-immigrant students with degrees in science, technology, engineering, or mathematics who are employed by businesses enrolled in the E-Verify program.

E-Verify Immigration Program Draws Criticism
California is one of the few states that have implemented the E-Verify program, which verifies the legal status of job candidates for 52,000 participating employers in a handful of states could expand rapidly into the rest of the nation experts say.

Day-labor numbers dropping in Orange
New ordinances cracking down on businesses allowing day workers to congregate add to declining numbers in Orange County, CA.

Immigration deal reached
SC legislative negotiators will allow private employers to use a variety of methods to verify the legal status of their employees, including the federal I-9 Employment Eligibility Verification Form and E-Verify.

Sanford reiterates call for strong immigration bill
Currently, the SC House version of the bill does not contain any verification requirements for private employers. The Senate version contains a verification requirement for private employers, but permits it to be satisfied by using the failed Federal I-9 form verification process. The I-9 process is an ineffective system already employed by the federal government in which fraudulent documents can be used to satisfy the verification requirements, and federal law prohibits employers or states from checking the validity of the documents.

A step in the right direction
Senate Bill 2988 requires all employers in Mississippi to confirm the legal status of all new employees by using the E-Verify Program, the federal online employment verification system. The bill makes it a discriminatory practice to dismiss a U.S. citizen or permanent resident alien while retaining an employee who is illegally in our country, and makes it a felony for an illegal alien to accept or perform employment.

More employers verifying immigration status
Employers have screened about 2.5 million new hires in the first six months of fiscal 2008 through E-Verify, the Department of Homeland Security's database that determines which employees can legally work in the U.S.

59 Arrested On Illegal Working Charges At Lansdowne
The investigation started in early July 2007 after a routine inspection of all I-9 employment eligibility verification forms at the resort. Through analysis of the I-9 forms, ICE agents identified information that led them to suspect that many of the employees were using fraudulent documents or had stolen someone else's identity to secure jobs at the resort.

Recent news on immigration legislation

2008-04-05T13:24:00.000-07:00

Feds Take Hard Line on Immigrant Hiring
On March 26, the Department of Homeland Security reissued a rule that would force companies to either resolve within 90 days discrepancies between a worker’s name and Social Security number or fire the employee. It would effectively make so-called “no-match” letters evidence of the illegal hiring.

Office of Special Counsel's Antidiscrimination Guidance for Employers Following the DHS Safe-Harbor Procedures
The Department of Homeland Security’s Safe-Harbor Procedures for Employers Who Receive a No-Match Letter offers employers who receive no-match letters from the Social Security Administration a safe-harbor in a related immigration enforcement action if those employers follow the series of steps set forth in the no-match rule to ensure that the information provided by affected employees to confirm their work eligibility is genuine.

Illegal Immigration Is A Facility Management Issue
With reform a hot political topic, changes could significantly redefine the workforce.

Kansas Immigration Bills
With the House and Senate passing different immigration bills, the focus moves to what their negotiators will draft as a final version, and some say they'll be combining measures weakened to satisfy the business community.

Measure provides incentives for firms to use E-Verify
Arizona companies that don't check the legal status of new workers would lose access to government contracts and special economic incentives under the terms of proposed legislation approved Tuesday by the Senate Appropriations Committee.

Kansas Immigration bill passes House
Among other things, the measure increases penalties for using false documents to gain illegal employment and creates the crime of helping an illegal immigrant to vote. It also creates criminal penalties for businesses that illegally treat workers as independent subcontractors.

ID checks may be forced
Businesses across South Carolina would have to check new hires through a federal work-eligibility database under some versions of the state's planned crackdown on illegal immigrants.

Department of Homeland Security’s No-Match Program Shifts Burden ...
It’s estimated that 800,000 employers could receive notices; representing a fundamental shift in how businesses are forced to handle the issue of illegal workers. The No-Match program is an enormous step in increased workplace raids looking for undocumented workers.

Immigration reform turns into a minefield for lawmakers
Immigrants break the law if they are here illegally. Businesses that exploit their cheap labor break the law. The law should be enforced.

Five IFCO managers indicted on federal charges
A grand jury has returned a six-count felony indictment against five current managers of the Pallet Management Division of IFCO Systems North America (IFCO). The indictment charges the managers with engaging in a conspiracy to harbor illegal aliens, to encourage and induce, and to transport illegal aliens.

DHS Continues to Push SSA No-Match Letters in Worksite Enforcement Strategy

2008-04-01T20:05:00.000-07:00

Continuing its effort to use Social Security Administration “No Match” letters to employers for immigration enforcement purposes, the Department of Homeland Security has filed a “supplemental” proposed rule seeking to cure deficiencies of its “ Safe Harbor ” rule.

The Department of Homeland Security (DHS) knows that many employers continue to employ significant numbers of unauthorized foreign workers. Since 1986 all U.S. employers have been required to complete Form I-9 and review documents supplied by each newly hired worker to verify the worker’s identity and employment authorization. False documents using fabricated or stolen identities have evaded the effectiveness of the I-9 process.

DHS is pursuing many parallel paths to prevent the employment of unauthorized workers, including:

• Increased audits by U.S. Immigration and Customs Enforcement (ICE) of employers’ I-9 forms for existing
• Increased ICE worksite raids followed by deportation of unauthorized workers and prosecution of the employers and individual managers ICE alleges to have known the workers were illegal
• Promotion and expansion of DHS’ technically voluntary and pilot “E-Verify” electronic employment verification system through cooperation with states that are increasingly enacting laws threatening employers with loss of government contracts and state business licenses and through an imminent federal regulation that will require all federal government contractors to use E-Verify
• Clarification to employers that ignoring Social Security Administration (SSA) “no-match letters” will constitute “constructive knowledge” that affected workers are not unauthorized to work in the U.S.

The DHS proposed rule, to be published in the Federal Register during the week of March 24, 2008, relates to the last measure. DHS had planned to use SSA no-match letters in its worksite enforcement strategy, both by inserting a new ICE letter with each SSA no-match letter and by updating its I-9 regulations to clarify that an SSA no-match letter can constitute “constructive knowledge” unless the employer receiving it follows certain “safe harbor” procedures. DHS’ “safe harbor” regulation is currently held up by a court injunction in a lawsuit brought by combined employer and union interests, AFL-CIO, et al. v. Chertoff, et al., No. 07-4472-CRB (N.D. Cal. Aug. 29, 2007). DHS is trying to cure the legal defects pointed out by the court even while it appeals the injunction.

One of the most important defects cited by the court was the failure of the past regulation to conduct an analysis of its impact on small businesses as required by the Regulatory Flexibility Act. In the supplemental proposed rule (the “Supplement”), DHS purports to conduct that analysis, but it only assesses the cost of complying with the “safe harbor” procedures, such as “human resources personnel, certain training costs, legal services, and lost productivity.” DHS estimates the costs at between $3,000 and $34,000 per employer, depending on the number of workers employed. DHS refuses to recognize the economic costs to employers and the economy as a whole that will result from the loss of the services of unauthorized employees who end up being terminated as a result of no-match letters. DHS states that such economic costs are attributable to the twenty-year old law prohibiting employment of unauthorized aliens, “not to this rule.” The plaintiffs in the pending lawsuit will challenge this assumption and seek to continue the injunction of the revised no-match letter process.

Meanwhile, however, in the Supplement DHS has clarified that it - as well as INS before it - has always taken the “informal” position that ignoring a SSA no-match letter can constitute “constructive knowledge” of employment of unauthorized aliens. DHS portrays the new “safe harbor” regulation as an effort to provide specific guidance and protection to employers who follow its steps after receiving a no-match letter. For this reason, employers should not ignore the few no-match letters that SSA has been issuing lately and should consider what steps to take in light of no-match letters received over the past several years.

DHS continues to raid employers it suspects of knowingly employing illegal workers. In doing so, DHS frequently subpoenas employers’ SSA no-match letters from the past and evaluates them as indicators of the employer’s knowledge for purposes of prosecution and fines.

Moreover, DHS states that “[t]he rule does not affect the authority of the SSA to issue no-match letters, or the authority of the Internal Revenue Service (IRS) to impose and collect taxes, or the authority of DOJ to enforce the anti-discrimination provisions of the INA or adjudicate notices of intent to fine employers.” In addition, the rule might not limit the ability of U.S. Attorneys in the Department of Justice to use employers’ responses to SSA no-match letters in prosecutions of employers and managers, which has been increasing.

In an unfortunate and odd legal twist, DHS, reacting to court criticism that it tried to speak for other federal departments, has withdrawn statements from its rule that had reassured employers that compliance with “safe harbor” procedures would insulate them from discrimination charges by the Department of Justice’s Office of Special Counsel. The Office of Special Counsel has issued a statement about the safe harbor rule:

"However, if an employer follows all of the safe harbor procedures outlined in DHS’s no-match rule but cannot determine that an employee is authorized to work in the United States, and therefore terminates that employee, and if that employer applied the same procedures to all employees referenced in the no-match letter(s) uniformly and without the purpose or intent to discriminate on the basis of actual or perceived citizenship status or national origin, then OSC will not find reasonable cause to believe that the employer has violated section 1324b’s anti-discrimination provision, and that employer will not be subject to suit by the United States under that provision."

Employers must implement immigration enforcement measures in a manner that is consistent for all workers and is carefully timed to avoid the appearance of retaliation against workers asserting labor and discrimination protections.

Employers must not use no-match letters to terminate employers without affording them the opportunity to correct the many types of errors in SSA's database that lawful workers can suffer from, such as spelling errors, incomplete names, date order inversion, valid name changes from divorce or marriage, as well as cultural differences in name order. Meanwhile, all U.S. workers should seek to correct errors in their social security account information even aside from a no-match letter in order to reduce confusion with employers. Workers who realize their identity has been stolen should report the problem to a SSA office as quickly as possible. The pressure to correct records exerted by DHS' strategy could put a strain on SSA staffing capability.

In another odd twist, the Supplement seems to acknowledge that employers can ignore SSA no-match letters relating to "grandfathered" employees hired before November 6, 1996, when the law requiring I-9 forms was enacted.

Employers expecting SSA no-match letters once the injunction is lifted should seriously consider joining the E-Verify system, which in effect performs at the time of hire a match against the SSA database (as well as against immigration databases for workers not claiming U.S. citizenship). E-Verify currently cannot be used to verify existing workers, but using E-Verify should help avoid future no-match letters and will prepare employers for increasing requirements by state and federal governments mentioned above.

Of course, neither SSA no-match resolution procedures nor E-Verify participation can prevent effective use by unauthorized employees who have stolen a real person's identity embodied in convincing false documents. Thus, even employers using these measures must remain alert to other signs of a worker's lack of authorization in order to avoid "constructive knowledge."

Briefing on Immigration Enforcement and Border Security Efforts

2008-03-24T22:56:00.000-07:00

Excerpted from press release:
Remarks by Homeland Security Secretary Michael Chertoff and Attorney General Mukasey at a Briefing on Immigration Enforcement and Border Security Efforts

Release Date: February 22, 2008

Secretary Chertoff:

In fiscal year 2007, ICE made 863 criminal arrests including 92 individuals who were in the employer/supervisory chain. We also made over 4,000 administrative arrests. Most of these arrests are for identity theft. And identity theft is not only a crime with respect to immigration laws, but it is a crime that hurts real people.

Let me give you some examples, some specific real-life examples of what we have done in the last year with respect to employer and employee work site enforcement actions. On February 7 of this year, 57 illegal aliens were arrested during a work site enforcement operation conducted at Universal Industrial Sales in Lindon, Utah. ICE forwarded roughly 30 cases to the Utah County Attorneys Office for criminal prosecution for offenses such as identity theft, forgery and document fraud. And the U.S. Attorney also unsealed two indictments charging a company and its human resources director with harboring illegal aliens and inducing or encouraging them to stay in the U.S. illegally.

In January of this year, a federal jury convicted a former human resources director at a poultry plant in Butterfield, Missouri of harboring an illegal alien and inducing an illegal alien to enter or reside in the U.S. Under federal statues this person faces up to 10 years in prison without parole. Another formal employer recently plead guilty to aggravated identity theft. A total of 136 illegal aliens were arrested as part of this investigation into identity theft, social security fraud and immigration-related violations at the plant.

In March of last year, 2007, a textile product company in New Bedford, Massachusetts was raided, and the owner and three other managers were arrested and charged with conspiring to encourage or induce illegal aliens to reside in the U.S. and to hire illegal aliens. Another person was charged in a separate complaint with knowing transfer of fraud human identification documents. Approximately 320 illegal workers were arrested on administrative charges as well.

And also in March of 2007, the owner of an Indiana business that performed construction services in seven Midwest states plead guilty to violation relating to the harboring of illegal aliens and was sentenced to 18 months in prison. He also forfeited $1.4 million. These are the kinds of cases that have high impact on those who would hire and employ undocumented and illegal aliens often facilitated through identity theft and document fraud.

I am delighted to say as part of our effort to continue to make it less appealing for people to break the law, we will soon publish a regulation with the Department of Justice to increase civil fines on employers as we announced last August. This is again, a way to keep that pressure up to make sure people are compliant with the law.

A couple of other brief things before I turn it over to the Attorney General. As important as it is to punish law breaking, we have got to make it easy to follow the law. There has got to be a path to legality as well as punishment for illegality. And so we want to continue to move forward, to get our no-match regulation out there. We are very close to publishing our new no-match rule, which we think will address the issues raised by the court as a consequence of an ACLU lawsuit last year, which was designed to make it impossible for us to tell employers a very simple, common sense principle that when you get information that someone may have something questionable about their social security number/identity, you should inquire further, and that you cannot hire illegal aliens. And we are looking forward to getting this issue resolved in the very near future.

Likewise, we are continuing to promote the use of E-Verify. The state of Arizona, I think, in the last couple of days had its new rule requiring E-Verify use sustained by the federal courts, and we are beginning to see that illegal workers are picking up and leaving, because they recognize this system is an impediment to their continued illegal activities and illegal employment in this country.

Nationally, we are adding 1800 new E-Verify users every week, that is the marketplace speaking. That is employers saying they want to get on board with this. We have over 53,000 employers now using E-Verify, which is more than double what we had fiscal year 2007. And more than 1.7 million new hires have been queried this fiscal year under the system. This is a good news story.

Now the federal government needs to lead by example, and in the coming weeks we are going to issue a proposed rule requiring federal contractors to use E-Verify. This will significantly expand the use of E-Verify, and continue to build capabilities that will help people comply with the law and make it harder to violate.

Finally, we need to talk about continuing to focus on those illegally in the country who are fugitives, criminals, and gang members, which we do through targeted enforcement operations again, in cooperation with the Department of Justice.

In fiscal year 2007, our fugitive ops teams arrested 30,000 individuals, double what was the case in fiscal year 2006. These teams, which we have quadrupled to 75 teams since fiscal year 2005 focused on people who have violated a judges removal order or who have criminal records. We have also expanded our criminal alien program initiating formal removal proceedings against 164,000 illegal aliens who are serving prison terms for crimes they have committed here in the United States. We don’t need to import criminals into America, we need to have them go back where they came from.

In fiscal year 2007, ICE arrested 3,302 gang members and their associates as part of operation community shield, including 1442 arrests for criminal activity. And this year we have arrested a further 723 gang members and their associates. This is focusing on people who are a threat to the safety and security of American citizens.

States Taking Matters into their Own Hands

2008-03-17T22:46:00.000-07:00

Employers face increasing pressure to verify worker identity
States, with Arizona in the lead, are also going after employers for hiring practices, threatening to revoke business licenses if employers do not make a serious effort to verify their workers' identities.

Lawmakers' feelings mixed on immigration bill
Mississippi bill mandates that employers use the e-verify system, a free Internet database ran by the Department of Homeland Security in conjunction with the Social Security Administration, to check a potential employee's work eligibility.

Misspissippi Passes Employer Sanctions Bill Which Criminalizes Unlawful Employment
The Mississippi Employment Protection Act requires all employers in the state to use E-Verify.

SC Governor expressed concern about pitfall immigration bill
Gov. favors requiring private employers to check South Carolina driver's licenses, a new S.C. version of the I-9, or to use the online E-Verify system. He noted that five states already use E-Verify: Arizona, Colorado, Oklahoma, Missouri and Georgia.

Measure targeting illegals shaped
The final version of South Carolina’s illegal immigration reform plan could be completed soon.

Missouri business groups fret over E-Verify bills
Businesses that don't use E-Verify and hire illegal immigrants would be punished more severely than those that do use the system.

Hearing Tuesday on Suffolk County, NY contractor law
Law that requires contractors doing business with the county to confirm employees' legal status.

UPS crackdown hits workers, spares business
A year after Washington state work-site raids, fully two-thirds of the 51 illegal immigrants arrested have either been deported or told to leave the country. But no charges have been brought against the employment agency that hired the immigrants or UPS, where they worked.

2007 Enacted State Legislation Related to Immigrants and Immigration

2008-03-16T22:53:00.000-07:00

In the absence of federal immigration reform, state legislatures have passed an unprecedented amount of legislation related to immigrants in a range of policy arenas.

• The number of state laws enacted in 2007 is nearly triple that of 2006: 240 compared to 84.

• Immigration is being debated in all 50 state capitols. 1562 bills were introduced in the 50 states. Laws were enacted in 46 states in 2007, compared to 32 states in 2006.

• States are passing legislation that utilizes a broad range of enforcement and integration strategies to address legal and unauthorized immigration.

• The top 3 topics in enacted laws are identification/licenses (40), employment (29), and public benefits (33). In 2006 they were employment (14) and human trafficking (13).

• Immigration continues to being addressed in a broad range of policy arenas, including education (22), health (14), human trafficking (18); law enforcement (16); and resolutions (50).

• One state passed omnibus legislation in 2007 – Oklahoma. The bill addresses identification, public benefits, law enforcement; and employment verification, and creates a felony for harboring or transporting unauthorized immigrants. In 2006, Georgia passed omnibus legislation addressing employment, enforcement and benefits. In 2006, Colorado enacted a slate of 12 laws in special session addressing employment, enforcement, voting, and benefits, and placed two on the general election ballot regarding business deductions and suing the federal government to demand it enforce immigration laws.

• Identification/licenses laws (40 laws in 30 states) relate primarily to driver’s licenses or REAL ID, while others address professional licensing or recreational licenses.

• Employment laws (33 laws in 19 states) relate to the verification of work authorization by employers and contractors; disallowing tax deductions for unauthorized workers; and eligibility for worker’s compensation and unemployment insurance. Arizona and Illinois took different approaches to the federal work authorization database, Basic Pilot, recently renamed E-Verify. Arizona mandates the use of the pilot program, while Illinois bans its use until the accuracy has improved. The laws in Arizona and Illinois are being challenged in the courts.

• Public benefits (32 laws in 19 states) laws address eligibility and exemptions for immigrants for state funded benefits. Several laws fund programs for migrant workers. Four states set guidelines in child abduction cases where immigration or citizenship status changes may adversely affect a petitioner’s ability to remain in the United States.

The 2007 report is available at: http://www.ncsl.org/programs/immig/2007immigrationfinal.htm

Immigration issues continue to dominate the political landscape

2008-03-05T20:02:00.000-08:00

Complying with immigration laws has become a critical subject. The Department of Homeland Security (DHS) increasingly has focused its immigration enforcement efforts on employers who hire unauthorized workers and during the past months has brought several high-profile enforcement actions against employers alleged to have knowingly employed unauthorized workers. Those actions, coupled with DHS's recent updating of the I-9 form and activity surrounding the no-match letters issued by the Social Security Administration (SSA), should give you reason to take notice.

HR Groups Support Bill to Create New Employment Verification System
The New Employee Verification Act (NEVA), which was introduced this week, would eliminate the I-9 Form and would require employers to use a new paperless Electronic Employment Verification System (EEVS).

Bill proposes new employee verification system

2008-03-03T21:42:00.000-08:00

The New Employee Verification Act proposes to replace the Homeland Security Department’s current E-Verify system, which began as a voluntary pilot program 10 years ago.

HR Pushes Alternative to E-VerifyUnder the legislation, known as "The New Employee Verification Act," job applicants will visit contractors who would confirm identities through background checks and, if employers choose, through biometric data as well.

Economy serves up an unhappy meal
Last year, Illinois lawmakers passed a law barring employers in that state from using E-Verify, the federal online program that checks employment eligibility... Meanwhile, Arizona legislators passed the employer-sanctions law that virtually requires using E-Verify.

Order to screen worker IDs sparks debate Order to screen illegal
Minnesota recently mandated that thousands of the major state contractors use E-Verify - the federal employment verification system.

Kansas opens debate on illegal immigration
Legislators agree that Kansas employers shouldn't hire illegal immigrants, but they disagree over how the state should punish violators.

Immigration Crackdown's Backers Have Their Say

2008-03-01T23:01:00.000-08:00

Immigration Crackdown's Backers Have Their Say
Kansas House bills 2836 and 2680 would require employers to check all employees for legal status through a database called E-Verify. House Bill 2921 encourages employers to use the system to avoid liability for hiring illegal workers, but would not mandate it. E-Verify checks names and identification numbers with the Social Security Administration and U.S. Department of Homeland Security.

Bigger Fines for Hiring Unauthorized Workers
The federal government is raising the fines against employers that violate federal immigration laws. Under the new rule civil fines will increase by as much as $5,000 as they are adjusted for inflation. The new rule will take effect on March 27, 2008, and will be published in the Federal Register.

Employment Verification Requirements Passes Committee
The Utah Senate panel has approved a bill aimed at requiring companies that contract with the state use a federal Internet-based system to check employees' work eligibility.

US Presidential Initiatives Boost Immigration Reforms and Border
On on January 28, 2008, President George W. Bush delivered an important message on strengthening U.S. immigration in his State of the Union Address. While millions of Americans watched, he stated, "America needs to secure our borders -- and with your help, my administration is taking steps to do so. We're increasing worksite enforcement, deploying fences and advanced technologies to stop illegal crossings. We've effectively ended the policy of "catch and release" at the border, and by the end of this year, we will have doubled the number of border patrol agents. Yet we also need to acknowledge that we will never fully secure our border until we create a lawful way for foreign workers to come here and support our economy. This will take pressure off the border and allow law enforcement to concentrate on those who mean us harm. We must also find a sensible and humane way to deal with people here illegally. Illegal immigration is complicated, but it can be resolved. And it must be resolved in a way that upholds both our laws and our highest ideals."

SHRM-Endorsed Employment Verification Bill is Introduced in the US House of Representatives

2008-03-01T22:30:00.001-08:00

Today, the SHRM-led “HR Initiative for a Legal Workforce” coalition hosted a news conference at the U.S. Capitol with U.S. Representatives Sam Johnson (R-TX), Paul Ryan (R-WI) and Kevin Brady (R-TX) announcing introduction of H.R. 5515, the “New Employee Verification Act” (NEVA). The bill would replace the federal government’s current employer verification process with a new electronic verification system, the Electronic Employment Verification System (EEVS).

Under the bill, employers would use the state “new hire” reporting process, which is currently used for child support enforcement, to access EEVS. This would allow employers to confirm the work eligibility of U.S. citizens through the Social Security Administration database and that of non-citizens through the Department of Homeland Security (DHS) database.

In addition, the bill also would create a voluntary biometrics option that employers could choose to use in the verification process. This system would include a standard background check and the collection of a “biometric” characteristic — such as a thumbprint — to secure an employee’s identity and prevent the illegal use a Social Security number, stolen or fraudulently-obtained drivers’ license, or altered identification documents. To protect employers from liability, the legislation would provide employers a safe harbor.

Other key NEVA provisions of interest to HR professionals include:

Allows the entire attestation requirements to be done electronically as well eliminates the current Form I-9.

Applies only to employer’s newly hired employees and would not require employers to re-verify all existing employees as is required by other bills.

Allows employers to check the employee through the electronic system beginning on the date of hire and ending at the end of the third business day after the employee has reported to work.

Provides that federal immigration law preempts any state law in regard to employer fines or sanctions for immigration-related issues or in requiring employers to verify work status or identity for work authorization purposes.

Requires employers to be responsible only for the hiring decisions of their own employees, not those of their subcontractors.

Click HERE for more information on the bill from the House Ways and Means Committee’s website. For an in-depth summary of the bill’s provisions, click HERE.

Fence co. cops to immigration charges

2006-12-18T13:21:00.000-08:00

A Southern California fence-building company and two executives have agreed to plead guilty and serve jail time for knowingly hiring illegal immigrants and pay a combined penalty of $5 million. Read more...

Six Swift & Company meat processing plants are shut down today as officials from the U.S. Office of Homeland Security’s Immigration and Customs Enforcement division raided the facilities. Reports are the action is the result of a year-long investigation into the theft of identification and Social Security numbers which were allegedly used to secure employment at the company. Read more...

Form I-9 Compliance, LLC Announces New Technology to Enhance Its Comprehensive Managed Solution for Industry Leading Form I-9 Administration

2006-12-05T15:16:00.000-08:00

December 5, 2006. Newport Beach, CA – Form I-9 Compliance, LLC, the first federally approved Designated Agent of the Department of Homeland Security (DHS) and the Social Security Administration (SSA) for web-based employment verification through the Basic Pilot Program, today announced the development of three technological advancements to significantly improve the following:

Automated submission of employer payroll records to the Social Security Number Verification Service (SSNVS) to identify employees with “No Match” problems;
Outsourced auditing of I-9 Forms to help ensure full compliance with the requirements of the Immigration Reform and Control Act (IRCA) and its subsequent amendments;
Scanning and indexing of paper I-9 Forms into an electronic database to create a completely paperless Form I-9 repository.

These advances, coupled with Form I-9 Compliance’s already highly technologically advanced and secure web-based electronic error-detecting Form I-9, and the most user friendly direct interface with the Basic Pilot Program, provide employers with an unparalled Managed Solution for all of their needs for legally defensible Form I-9 administration and proactive Social Security “No Match” protocols. As employers are increasingly aware, the creeping scope of Sarbannes-Oxley has created a need to be compliant in all legal arenas and places a new focus on the proper administration of Form I-9 processes.

SSN “No Match” Protocols

Employers will now have access to Form I-9 Compliance’s SSNVS web application (http://www.weverifyssn.com/) which preemptively identifies an employer’s exposure in this critical area. Form I-9 Compliance has developed software that provides a “Pre-Process Scan” quality check to help ensure that employer submitted data is 100% accurate. This “Pre-Process Scan” allows an employer to correct any formatting or content errors before Form I-9 Compliance’s submission to SSA of the employer’s relevant data. After submitting a simplified upload file in Microsoft Excel, Form I-9 Compliance reformats these data elements into the 13 specific fields required by the SSA record layout. Within 48 hours, if SSA detects any errors or “no matches”, Form I-9 Compliance will e-mail the employer the number of errors/ “no matches” along with instructions for downloading the errors/ “no matches” report from its secure web site.

Vulnerability Assessment Audits

Employers will now also have access to Form I-9 Compliance’s non-provisional patent pending computerized program that identifies and records all Form I-9 errors, omissions, and/or discrepancies. This program, with its unique auditing applications, identifies specific weaknesses in the employer’s Form I-9 processes and makes targeted recommendations for corrective actions for each I-9 Form that is audited. At the conclusion of a Vulnerability Assessment Audit, a comprehensive “Confidential Report” is prepared for the client that details post audit findings and again makes specific recommendations for corrective action on each deficient I-9 Form. It will also identify those I-9 Forms that are missing. These audits will become more important as employers begin to plan for the increased scrutiny that will inevitably arise from new federal immigration legislation.

Scanning and Indexing of Paper I-9 Forms

Employers can achieve a totally paperless Form I-9 process by scanning and indexing their current paper I-9 Forms and electronically storing them on the same database that Form I-9 Compliance maintains for the creation of electronic I-9 Forms for newly hired employees. This scanning process includes the capture of expiration dates for documents that require renewal. Thus, an employer will have the added benefit of receiving 90, 60 and 30 days advance e-mail alerts from Form I-9 Compliance that an employee’s work authorization documents are about to expire, minimizing the potential for an employer to lose valued employees.

“With the leveraging of technology for these three services, Form I-9 Compliance has created the most user friendly, cost effective and comprehensive Managed Solution for employers to adopt “Best Practices” protocols for all of their Form I-9 administration needs”, said John M. Hermann, Chief Executive Officer of Form I-9 Compliance. “This unique application of technology in all of our service offerings is not duplicated by any other provider”, added Mr. Hermann. “We are now able to clearly demonstrate to any employer that an investment in our Managed Solution will lead to a significant return to the employer in terms of increased cost efficiencies and significantly reduced vulnerabilities to potential fines and negative publicity.”

Commenting on the “Human Element” in Form I-9 Compliance’s suite of services, Mr. Hermann stated that “in addition to the latest industry leading technology applications announced today, we have assembled a highly qualified and knowledgeable staff of in-house senior auditors. Each of these individuals has more than 20 years of Form I-9 auditing experience. They are available to conduct on-site or off-site Vulnerability Assessment Audits, correct or make recommendations for correcting flawed I-9 Forms prior to scanning and indexing, and to conduct focused training in proper Form I-9 administration. This nation-wide cadre of senior auditors gives Form I-9 Compliance a significant edge over any other single provider in terms of its web-based technology applications and its auditing capabilities.”

Mr. Hermann continued his remarks by saying, “proactive employers who want to legitimately and objectively assess their ‘legal exposure’ as far as Form I-9 compliance is concerned, and simultaneously understand the degree of exposure with which the organization is confronted, should seriously consider placing their organization in a proactive position by utilizing our electronic applications. It will be tragic to watch the frenzied reactions of those employers who ultimately discover that 25%-35% of their workforce are blatantly illegal and there is no plan in place to backfill these employees. Now, employers can use the technology created by Form I-9 Compliance as an accurate and timely “early warning system.” In concluding his comments, Mr. Hermann stated that, “by being proactive, employers will be able to realistically plan for deployment of future resources in order to mitigate the benign indifference that has existed in the post IRCA era.”

About Form I-9 Compliance, LLC

With the passage of IRCA, Mr. Hermann worked closely with the DHS’ predecessor agency, the Immigration and Naturalization Service (INS), to assist in the development of the original Form I-9 and has been providing comprehensive Form I-9 consulting and auditing services for over 20 years.

In 2005, Form I-9 Compliance announced its patent pending proprietary web-based Form I-9 software solution that is fully electronically integrated with DHS’ Basic Pilot Program. In its official role as a Designated Agent approved by DHS, Form I-9 Compliance served as DHS’s beta test partner for its then newly developed web-based program. In June of 2006, Form I-9 Compliance announced that it had been formally certified by DHS to process Basic Pilot queries through the federal government’s web services protocols.

Contacts

Ken Sekella
Vice President, Operations

O- 866.359.4949
F- 949.720.4933
Web Site- www.formi9.com

I-9 Checklist - Tips For Employer Compliance

2006-11-16T09:57:00.000-08:00

by Angelo Paprelli

The Form I-9 (Employment Eligibility Verification) - issued by U.S. Citizenship and Immigration Services - must be maintained by all employers. Since November 1986, every new hire, whether the employee is a U.S. citizen or a foreign national, must complete section 1, attesting to the individual's identity and employment eligibility, on the first day of employment. Within the first three days of hire, employers must complete section 2 of the I-9 by examining original documents of identity and employment authorization, recording the starting date of employment, noting the document(s) number(s) on the form, and certifying by signing under penalty of perjury that the documents examined appear to be genuine and relate to the employee. Employers must also refrain, however, from engaging in prohibited acts of discrimination against new hires and applicants for employment, such as, by basing employment decisions on citizenship or national origin status, or insisting that employees provide only specific types of identity documents or work permits.

Recently, the federal government has refrained from pursuing civil penalties and instead has used the avenue of criminal law enforcement to prosecute employer violations of immigration laws requiring that businesses refrain from hiring or continuing to employ workers whom the employer knows or should know lack the right to work in the United States. For this reason, prudent employers should follow a set of steps to confirm that their compliance obligations under the immigration laws are fulfilled. This is especially important in the post-Enron era when Sarbanes-Oxley Act compliance and damage to reputation are of heightened concern. This checklist can therefore serve as a starting point for employer immigration compliance.

Current I-9s
As long as no formal enforcement proceedings are pending or likely, employers should remove from their files and discard original I-9s no longer subject to the I-9 "retention rule" (I-9s may be destroyed after three years from date of hire or one year from date of termination, whichever is later)

Employers should perform voluntary audits of all or a representative sample of retained I-9s to measure compliance practices;

As a measure of good faith compliance and to mitigate potential fines, employers should correct I-9s with errors and missing information, keeping original I-9s and initialing changes with the date of correction.

Establish a tickler system for the timely "reverification" of employment eligibility for foreign-national employees who have time-limited work permission.

Employers should take prompt action if notified by the Social Security Administration that a discrepancy exists between employer-provided records on specific workers and the agency's own data (the so-called SSA "no-match letter"). An employer acts appropriately in this situation by checking the employer's records, providing the employee an opportunity to seek an official correction, or if unable to verify and reconcile the discrepancy, considering (on advice of counsel) whether termination of employment is required.

If numerous no-match letters are received, employers should consider reverifying the entire workforce but take precautions to avoid unlawful immigration-related employment discrimination.

Employers should decide whether to:
Copy or refrain from copying original documents of identity and employment eligibility. On the one hand, copying creates a paper trail making it easier for the employer and the government to review prior compliance actions, and for the employer to make corrections to I-9s, if required. On the other, maintaining added paperwork is burdensome and costly, and requires that employers act uniformly by copying all original documents reviewed on all employees for I-9 purposes and keeping the copies with the I-9s.

Maintain I-9s in paper, microfiche or electronic format. Employers should consider whether to maintain required records in paper format or use alternative technology. Immigration regulations now allow electronic storage and electronic signatures for I-9s. While using digital technology has its advantages in reducing paper storage costs, the regulations pose added requirements for assuring data integrity, facilitating audits and easing the government's investigative burden.

Participate in the new U.S. Citizenship & Immigration Enforcement ("ICE") Programs, the Electronic "Basic Pilot" Verification and/or "IMAGE". The Basic Pilot allows an employer to check the employment eligibility of foreign nationals (new hires only) through the government's immigration database. The signing of a Memorandum of Understanding is required. IMAGE is the ICE Mutual Agreement between Government and Employers, a plan for voluntary self-policing and the submission of annual immigration audits first by the government and then by qualified third-party entities. See: http://www.ice.gov/partners/opaimage

Future Hires
Set up a system for handling future I-9s.
Complete Section 1 of the I-9 on the first day of work for all new hires.
Complete the rest of the I-9 within three days of the first day of work.
Consider pre-completing Employer's Business Name and Address in Section 2 and pre-fill Employer Authorized Representative's Name and Title if it is always the same person completing the Employer Certification.
Do not accept copies of work or identity documents.
Make sure all new hires complete I-9s in person before a company official (in order to confirm identity) or an authorized agent (with respect to whom the employer must take full responsibility for any I-9 mistakes or omissions.)
Company Practices
Engage in regular training for employees handling I-9 completion.
Establish an I-9 routine and follow it consistently for every employee.
Create a system for tracking dates of hire and termination of employment in order to purge I-9s from current storage to minimize liability (assuming no actual or threatened government investigation exists or is likely).
Consider establishing policies (in consultation with employment law counsel) for future compliance and ongoing voluntary audits.

INFOLINK SCREENING SERVICES ROLLS OUT VASTLY EXPEDITED AND IMPROVED ELECTRONIC

2006-11-05T22:15:00.000-08:00

With a click, companies can easily pre-populate the Form I-9 enabling faster completion. This electronic I-9 Form virtually eliminates human error while simultaneously creating a completely paperless I-9 process.

E-Sign Act compliant click-to-sign solution
Chatsworth, Calif., October 17, 2006 – InfoLink Screening Services, a subsidiary of Kroll Inc., working closely with Form I-9 Compliance, LLC, today announced that it has rolled out a new version of InfoLink's 'Form I-9 eSolutions' process which greatly expedites compliance with the Immigration Reform and Control Act (IRCA) – the government mandated employment eligibility program designed to identify unauthorized illegal workers. Highlights include the ability to pre-populate the Form I-9 with one click, an electronic signature using an E-Sign Act compliant click-to-sign solution, and verifying the employment eligibility of each new hire.

The Form I-9 eSolutions service substantially fills gaps in earlier processes via sophisticated error detection and 'smart form' technology. The process not only enables employers to confidently hire new employees in full compliance with the law, but also complies with existing and pending comprehensive immigration reform legislation. The negative consequences to businesses in violation of these laws are increasing.

Key highlights of InfoLink's new process include:

Error-detecing electronic Form I-9 which virtually eliminates processing errors;
Fast processing – InfoLink's e-Form includes automatic pre-population of sections, allowing completion, electronic signature, and electronic submission within seconds;
Secure, paperless Form I-9 storage allowing for anytime, anywhere access for updating or government inspection;
Automated Management alerts for expiring work authorizations enabling employees to renew and legally continue working without interruption;
An 'Add eDocuments' feature which allows employers to attach related I-9 documents to stored I-9 Forms;
Extensive Multi-level Management reports including pending and archived I-9 Forms, pending and archived right to work verifications, expiring work authorizations, and re-verifications;
Optional features which instantly transmits employee data to the Social Security Administration and Department of Homeland Security to verify if that employee has a right to work in the United States.

"Aside from the important legal compliance aspects of the new electronic process, employers will find a number of benefits including less time demands on human resources staff, improved accuracy of payroll and tax reporting, and the ability to form a more stable workforce," says Barry Nadell, President of InfoLink Screening. "Additionally, this system protects jobs for individuals who have a legal right to work in the U.S."

About InfoLink Screening Services: InfoLink Screening Services is a leading provider of employment background checks, drug testing, physical exams and Form I-9 eSolutions. Thousands of companies nationwide rely on InfoLink before they finalize their hiring decisions. InfoLink's exceptional service, fast turnaround, legal compliance and accuracy enable companies to Hire with Confidence®. InfoLink operates as part of the Background Screening division of Kroll, the global risk consulting company. For more information, visit www.infolinkscreening.com or call 800-990-HIRE (4473).

About Kroll: Kroll, the world’s leading risk consulting company, provides a wide range of investigative, intelligence, financial, security and technology services through offices in more than 65 cities in over 25 countries. Kroll’s Background Screening division is comprised of InfoLink Screening Services, based in Chatsworth, Calif., Kroll Background America, Inc., based in Nashville, Tenn., and other Kroll subsidiaries in Canada, the United Kingdom, Poland, India and South Africa. In the United States, the Background Screening division provides employee and vendor background investigations and identity theft services. It serves a wide range of corporate, government and non-profit clientele, most notably those in financial services and highly regulated industries such as health care and transportation. For more information, visit www.kroll.com.

I-9s Made Easy: New electronic completion and storage options save time and headaches

2006-10-30T09:15:00.000-08:00

By Jennifer Arnold, October 2006
[From the SHRM Online HR Technology Focus Area]

It’s not often that a government regulation makes your job easier. But according to experts, Public Law 108-390, which allows businesses to complete, sign and store I-9 forms electronically, does just that.

These Department of Homeland Security (DHS) forms, intended to verify new hires’ eligibility to work in the United States, have been an administrative and storage nightmare for many employers since they were mandated in 1986. It’s easy to see why: immigration documentation laws are complex and ever-changing; retention rules mandate that employers keep completed I-9s for as long as three years, and fines for violations run as high as $1,100 per flawed or missing form.

Thanks to the 2005 law and a new interim rule issued by DHS in June 2006, employers can use technology to address some or all of these issues.

Electronic storage can alleviate storage challenges and allow for quick retrieval.

Employers can scan completed paper I-9s and store them as PDF files on their company server.

Acceptance of electronic signature technology allows the process to become entirely paperless. Now, new hires and the verifying staff member can “sign” their portion of the I-9 by electronic means. Options include electronic signature pads, biometrics, “click to accept” dialog boxes, and entry of personal identification numbers and/or passwords.

As the interim rule states, there is no single U.S. government-wide electronic recordkeeping standard. Instead, the rule tells employers to use electronic storage and signature technologies that are compliant with the Internal Revenue Service’s (IRS) electronic recordkeeping standards for taxpayers (outlined in IRS Rev. Proc. 97-22 and Rev. Proc. 98-25).

Most employers probably won’t need new equipment to take advantage of these new I-9 options. All that is required for electronic storage is a scanner, a PC with Adobe Acrobat and minimal server space (each completed I-9 PDF takes up less than 2 MB of RAM). Soon, electronic signature capability will be available for free: DHS says it is developing an I-9 PDF with electronic signature capability that will be available free online at www.uscis.gov/graphics/formsfee/forms/index.htm.

But some companies are choosing to take it one step further, contracting with an application service provider (ASP) to obtain a comprehensive web-based I-9 management system. Employers say these systems, offered by a small number of vendors, build on the new regulations.

In addition to electronic storage and signature capabilities, I-9 management systems have built-in edits that reduce errors. For example, drop-down menu box selections are based on previous choices: If the box for “U.S. Citizen” is checked in Section 1, the document list in Section 2 will show only applicable documents.

Experienced HR professionals say these edits make a big difference, particularly in multi-location environments. Diana Peirano, director of administration for Western Golf Properties, a Lake Forest, Calif.-based golf management firm, says her firm's paper-based I-9 system was hard to control. The company has nearly 1,000 employees scattered among 15 properties around the country.

“Consistency was really hard to achieve,” says Peirano.

In May 2005, Western began using a web-based system provided by Newport Beach, Calif.-based ASP Form I-9 Compliance. “[The system] is self-correcting,” says Peirano. “It will point out where you missed documentation or make sure you’re not over-documenting.”

I-9 systems can be stand-alone, or they can be incorporated into a larger system for new hires. At ATMI, a San Jose, Calif., semiconductor materials supplier, management chose to incorporate electronic I-9 processing into its new web-based onboarding site, provided by Hunt Valley, Md.-based ASP RealLife HR.

“There were all sorts of issues: How do we make sure [the I-9 is] collected and accurate? How do we know where it is, particularly if an employee is transferred to another location? We don’t have an internal audit team, and the expense of hiring an outside one is prohibitive,” says Laura McKay, PHR, former compensation and benefits analyst at ATMI and leader of implementation team for the new system. Now, I-9s can be transferred from one location to another with a few clicks, and built-in reporting and auditing features make tracking easy.

These applications can help employers track the expiration of non-citizen documentation. At Plano, Texas-based industrial waste management services provider Safety-Kleen, a “significant portion” of the company’s 4,500 employees are non-citizens, according to senior director of HR Christian Camp. That reality, coupled with the company’s 200-plus locations across the country, made expired documentation a major administrative challenge. In January 2005, Safety-Kleen began using a web-based system provided by West Covina, Calif.-based i9check. Now, the system administrator receives e-mail alerts listing documents set to expire in 30, 60 and 90 days.

“The follow-up on expired documents is one of the biggest advantages,” says Camp.

Vendors offer a variety of pricing models, with sliding scales based on the size of the company. On a transaction basis, the service may cost roughly $13 per I-9; an annual flat fee may run close to $1,000 or more. Vendors and experienced employers say employers can realize a net savings over the labor hours, paper and storage costs required by a paper-based system.

“Sure, it’s a monthly bill we didn’t used to pay,” says Regina Partain, SPHR, president of Innovative Staffing Solutions LLC, a Perryton, Texas-based staffing company that places 500 people per year. “But when you look at risks associated with [I-9 compliance], to me it’s a no-brainer.” In March 2006, Innovative began using Form I-9 Compliance’s system.

Although not addressed in the new regulations, electronic I-9 management systems are linked with another growing trend: automatic verification of new hire documentation through the federal government’s Employment Verification Pilot Program, commonly known as Basic Pilot. This free program, now available to employers in all 50 states and the District of Columbia, allows employers to verify the validity of a new hire’s documentation immediately against the DHS and Social Security Administration (SSA) databases.

Employers can choose to use Basic Pilot on their own at no charge; after registering at www.vis-dhs.com/EmployerRegistration, users are guided through a web-based tutorial and then given access instructions. The only prerequisites are an Internet-enabled PC with Internet Explorer 5.5 or Netscape 4.7 or higher. However, the Basic Pilot program has been controversial, in part because of its relatively high error rate.

Some ASPs are registered with the federal government as “designated agents,” meaning that they can build a seamless Basic Pilot interface into their I-9 systems. Western Golf Properties, Innovative Staffing Solutions and Safety-Kleen all use a Basic Pilot interface in their systems. Experts expect that the Basic Pilot interface will soon become a required step in the employment verification process; recent proposed immigration legislation in the House and the Senate included automatic interface provisions.

In addition, experts predict increased enforcement of basic I-9 regulations in the years to come. New technology tools can help employers tighten their control of the I-9 process. “We know that the world is tightening; we know that we will be audited at some point,” says Partain. “It helps me sleep at night knowing that no one is falling through the cracks.”

Jennifer Arnold is a Baltimore, Md.-based technology writer.

Prepare Now for Stepped-Up Immigration Enforcement

2006-10-27T16:56:00.000-07:00

By Elise A. Healy, Texas Lawyer
October 23, 2006

For the past 20 years, government investigations of immigration compliance in the nation's workplaces were relatively rare, and fines for noncompliance were low. Say goodbye to all that.

The U.S. Department of Homeland Security last November announced the Secure Border Initiative, which it vows will include a robust worksite enforcement element. From October 2005 to May 2006, Immigration & Customs Enforcement (ICE), part of DHS, conducted 592 on-site investigations of workplaces and 219 criminal investigations of employers, according to a June 16 ICE fact sheet. As a result, the government has indicted employers on criminal felony charges, including money laundering, fraud and harboring and transporting unauthorized aliens, and also is threatening forfeiture of company assets and fines in the tens of millions on serial offenders that it dubs "egregious employers."

Corporate counsel should plan now for how their organizations will respond to these developments to avoid such negative scrutiny. Three crucial elements of their response should be:

ensuring full compliance with an eventual government-mandated Employment Eligibility Verification Service (EEVS);

taking steps to address Social Security mismatch letters and avoid the egregious-employer stigma; and

considering participation in the new ICE Mutual Agreement Between Government and Employers (IMAGE) self-policing program.

A mandatory EEVS program, which would require employers to verify Social Security numbers of new hires, has strong support in Congress and seems almost certain to become law in the near future. The pending House version (H.R. 4437) applies not only to employers but also to for-profit and nonprofit recruiters, temporary agencies, labor contractors, day labor sites, job search Web sites and job placement or referral organizations.

The pending House bill would require organizations to verify Social Security numbers of new hires beginning two years after the bill's enactment. Three years after enactment, verification of all current employees will become mandatory for all federal, state and local government employees, and all workers on military bases, nuclear energy sites, weapons sites, airports and other critical infrastructure. Six years after enactment, EEVS will be mandatory for all employees nationwide.

The voluntary EEVS available today is known as Basic Pilot, and it is an Internet-based system used by about 10,000 employers. DHS hopes to expand this system to accommodate all 7 million U.S. employers. About 80 percent of Basic Pilot inquiries are accurately handled within three minutes, said DHS Verification Division Chief Gerri Ratliff at an August briefing.

But the system is not perfect: In June, the Society for Human Resource Management pegged Basic Pilot's success rate at 85 percent. "False negatives" under Basic Pilot or other verification systems damage productivity and morale as new hires spend weeks untangling errors in government databases.

Mandatory EEVS will clearly affect large employers and those with high turnover the most, as they will need to hire staff to handle verification. Training on the proper use of EEVS to avoid discrimination in hiring will also add significant costs for employers. Imposter fraud will likely increase, although DHS wants to incorporate photos or other biometrics into its databases to combat it.

SAFE HARBOR

The next action item for corporate counsel involves Social Security mismatch letters and the proposed safe harbor rule.

The Social Security Administration sends mismatch letters to employers that report employee name and Social Security number combinations that do not match SSA records. Two developments in this area deserve in-house lawyers' attention.

First, employers must establish and enforce protocols for logging in mismatch letters and responding to them in a timely fashion. Following the April arrest of seven managers and more than 1,100 employees at one manufacturer, a top DHS official announced in June that her agency regards large numbers of Social Security mismatches as a sign of an "egregious violator" -- an employer that violates immigration compliance as a cost of doing business. ICE targets such employers for audits and criminal investigation. Corporate counsel should take steps now to require that managers at all locations take documented steps to respond to SSA mismatch letters.

Second, corporate counsel must be aware that ICE has proposed a safe harbor rule on SSA mismatch letters that reflects the advice DHS has been giving employers for years.

The rule requires employers to check their records for clerical mistakes within 14 days of receiving a mismatch letter to correct the error and verify the resolution with SSA. If the mistake is not in the employer's records, the employee must be told to resolve the discrepancy within 60 days. If the employee does not resolve the matter, the employer has three more days to complete new paperwork using only documents issued with a photo and not containing the questioned Social Security number, or to terminate the employment. Even if the employee turns out to be an unauthorized worker, the government will not deem employers that follow this procedure to have "constructive knowledge" of that fact.

ICE also wants to convince employers to police themselves. In July, ICE announced the "ICE Mutual Agreement Between Government and Employers" program, or IMAGE.

Employers that sign up for IMAGE agree to an ICE audit and to implement a series of best practices. These include using Basic Pilot for all hires; establishing training programs and using only trained staff to conduct verifications; engaging an outside auditor to test the integrity of the verifications system semiannually; developing protocols for handling SSA mismatch letters and avoiding discrimination; establishing a tip line for employees to report unauthorized hiring; and self-reporting violations to ICE.

The government's new immigration compliance programs targeting workplaces are not yet finished. Employers with robust audit and training programs may not want to participate in the Basic Pilot program yet; the IMAGE program could also use some polishing. Nonetheless, the government has become increasingly serious about workplace immigration enforcement, and so too should corporate counsel.

Elise A. Healy is an immigration partner in Epstein Becker Green Wickliff & Hall in Dallas. She represents employers and investors in immigration matters and is board certified in immigration law by the Texas Board of Legal Specialization.

Colorado Employers Faced With the Nation's Strictest Employment Verifications Requirement

2006-09-18T13:37:00.000-07:00

by Franklin A. Nachman, Michael A. Freimann, Bonnie Gibson and Rodney A. Malpert

Faced with mounting political pressure, the Colorado Legislature convened a special legislative session and passed several new immigration laws. This article outlines two of these laws which require employers to verify the legal status of its employees, and impose fines and loss of state government contracts as penalties for noncompliance.

Beginning January 1, 2007, HB1017 Imposes Employment Verification Requirements for New Hires in Colorado

Requirements in Colorado for New Hires

Governor Owens signed HB 1017 on July 31, 2006. The law, adds Section 8-2-122 to the Colorado Revised Statutes, and applies to employees hired on or after January 1, 2007. It does not apply to existing employees.

HB 1017 creates affirmation and document retention requirements that expand on the federal Immigration Reform and Control Act (IRCA) and its I-9 requirements. The bill requires employers, within twenty (20) days after hiring a new employee, to:

1. affirm that the employer has examined the legal work status of the newly acquired employee;
2. affirm it has retained copies of the employee's work documents;
3. affirm that the employer has not altered or falsified the new employee's identification documents; and
4. affirm that it has not knowingly hired an unauthorized alien.

Additionally, the new bill requires that the employer keep a written or electronic copy of the affirmation and all documents required under the IRCA for the term of employment for each employee. The law applies to newly hired employees and most likely does not apply to reverification of employees transferred into Colorado.

It is important to note, that like the Fair Labor Standards Act (FLSA), the statute defines "employer" as "a person or entity" who "has control of the payment of wages for such services, or is the officer, agent, or employee of the person or entity having control of the payment of wages." The law, unlike the Colorado Wage Claim Act, Section 8-4-101, et. seq. of the Colorado Revised Statutes, contemplates personal liability for violation of its provisions.

The statute does not require employers to submit the required affirmation documents to any state agency. Instead, employers are required to make the documentation available upon request by the Colorado Labor and Employment Department. The Director of that department is authorized to conduct random audits of employers to obtain the documentation.

Liability and Penalties

Section 8-2-122(4) provides that an employer, who with "reckless disregard," fails to submit documentation when requested by the Director, or with "reckless disregard," submits false or fraudulent documentation, shall be subject to a fine of not more than $5,000 for the first offense and not more than $25,000 for a second and any subsequent offense. The standard for liability is greater than ordinary negligence, but lesser than intent to violate the law.

Compliance Recommendations

I-9 administrators can integrate the process to ensure compliance under HB 1017 if they regularly sign the 1017 affirmation when they sign the attestation in Section 2 of the Form I-9. The attestation in Section 2 already expressly or implicitly contains the HB 1017 affirmations, except for the affirmation of retention of the I-9 documents.

Additionally, while copying and retaining the I-9 documents is optional under IRCA, it is mandatory under HB 1017. For administrative convenience both the Affirmation and the I-9 Documents should be kept in a consolidated file for HB 1017 compliance.

HB 1017 differs from the IRCA in that it requires retention of the affirmation and I-9 documents only for the term of employment, as opposed to three years from date of hire or one year after termination, whichever is later, by the IRCA. Nevertheless, for administrative convenience, employers may want to retain 1017 documentation for the same period as the I-9 documentation.

Effective August 9, 2006, HB 1343 Imposes New Requirements on State Contractors

Contractors from Inside or Outside Colorado Must Comply with 1343

HB 1343 adds Section 8-17.5-101 and 102 to the Colorado Revise Statutes. It regulates persons who have public contracts for services with a state agency or political subdivision of Colorado. Effective August 9, 2006, HB 1343 makes it illegal for a state agency or political subdivision to enter into or renew a contract for services with a contractor who "knowingly employs or contracts with an illegal alien to perform work under the contract or who knowingly contracts with a subcontractor who knowingly employs illegal aliens." While the statute defines "services" as "[the] furnishing of labor, time and effort by a contractor or subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance," the Attorney General's office has indicated that it will issue an opinion that the definition is to be broadly construed to include such activity as construction within the definition of services.

The statute prohibits state agencies from entering into or renewing contract agreements with contractors who knowingly employ illegal aliens. The legislation requires that each public contract include provisions that the prospective contractor shall not knowingly employ or contract with an illegal alien to perform work under the contract; and will not enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the contract. Furthermore, the law requires such a contract for services to include a provision requiring the contractor to verify the status of its employees working under the contract. A state contractor must certify that it has verified the legal status of all new hires using the federal government's Basic Pilot Program.

If the contractor discovers that a subcontractor is knowingly employing an illegal alien, the contractor must alert the contracting Colorado state agency/political subdivision within 3 days. The contractor is also required to terminate the subcontract within three days of receiving the notice required by law, unless during that time period the subcontractor provides information to establish that it has not knowingly employed an illegal alien.

Like HB 1017, the statute authorizes the Department of Labor to investigate whether a contractor is complying with the provisions of the public contract, including on-site inspections and requests and review of documentation. The law also authorizes the Department to receive complaints of suspected violations, and contemplates promulgating procedures for investigation of such complaints.

HB 1343 Does Not Apply to Contracts Existing Before August 9, 2006.

Although effective on August 9, 2006, HB 1343 imposes only prospective responsibilities. The obligations are imposed only in new or renewed agreements. Further, if a government contractor fails to make the required certification, Colorado state agencies and political subdivisions are prohibited from entering into or renewing a public contract with the contractor. The state agency or political subdivision may also terminate an existing agreement for breach of contract in the event of a violation of any contract provision. If the contract is terminated, the contractor shall be liable for actual and consequential damages that the state agency/political subdivision suffers as a result of the termination. In the event of a violation and termination, the state agency must notify the Office of the Secretary of State who publishes a list of terminated contractors on its website for two years, absent a court ruling that the contractor did not violate the statutory requirements.

General Overview of the Basic Pilot Program

The Basic Pilot Program uses an automated system to verify the employment status of all newly hired employees. Specifically, it accesses the Social Security Administration (SSA) and Department of Homeland Security (DHS) databases.

To participate in the Program, an employer (or a qualified representative agent) must sign a Memorandum of Understanding (MOU) with the DHS and SSA. The employer agrees to: (1) display notices supplied by DHS in a prominent place clearly visible to prospective employees; (2) provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the employer representatives; (3) become familiar and comply with the Basic Pilot Manual (training material provided by the Program); (4) require that all employer representatives performing employment verification queries complete the Basic Pilot Web-Based Tutorial; and (5) comply with established Form I-9 procedures.

An initial inquiry mandates that an employer provide the following information for all newly hired workers within three days of hire: employee's last name, first name, social security number, date of birth, hire date, citizenship status, alien or I-94 number if required, document type, and document expiration date, if required. An employer will enter the data into a form accessible on the DHS website and transmit it to DHS. DHS in turn, forwards the information to SSA, which will verify the validity of the worker's Social Security number, name, date of birth, and citizenship. The SSA will confirm the date on noncitizens, then refers its findings to DHS to verify work authorization according to that agency's immigration records.

If neither the DHS or SSA can confirm work authorization within 24 hours, the employer receives a tentative non-confirmation response. The employer is supposed to check the accuracy of the information it submitted and either re-enter the information to DHS or ask the employee to resolve the issue with SSA or DHS. If the worker does not contest or resolve the non-confirmation finding within 10 days, the Program issues a final non-confirmation notice, and an employer is required either to terminate the employee immediately or notify DHS that it is continuing to employ the person. Employers can continue to employ the employee during the 10 day period, during which the employee is allowed to correct the data or contest the finding.

Conclusion

While enacted with great fanfare and touted as the strictest and toughest laws in the country, it remains to be seen how effective these new laws will be. They create additional burdens on employers above and beyond I-9 compliance, with substantial penalties for noncompliance. What remains to be seen is the effect of any new federal immigration legislation, which until now, has been stalled in Congress, and to what extent, if any, these laws may be preempted by existing federal legislation.

About The Author

Franklin A. Nachman is a shareholder in Littler Mendelson's Denver office.
Michael A. Freimann is an associate in Littler Mendelson's Denver office.
Bonnie Gibson and Rodney A. Malpert of Littler Global also contributed to the article.

New immigration rules could force mass firings

2006-09-08T10:59:00.000-07:00

Even if Congress fails to pass immigration reform legislation, new regulations and public pressure may make it harder for employers to keep hiring illegal aliens.

The Department of Homeland Security has issued proposed regulations that could force businesses to fire hundreds of thousands of workers if they can't resolve discrepancies between the Social Security numbers reported by employees and government records.

The agency also plans a major marketing push for its Basic Pilot program, a voluntary electronic system that employers can use to verify whether a new hire is eligible to work in the United States. Both the House and Senate immigration reform bills would require employers to participate in this program. Even if the program doesn't become mandatory, however, the public will question the motives of any business that doesn't participate, says Mark Krikorian, executive director of the Center for Immigration Studies.

"If you're not doing that, what's your problem?" he asks.

Krikorian, whose think tank favors strict enforcement of immigration laws, expects more companies to follow the lead of Dunkin' Donuts, which requires all of its franchisees to sign up for the Basic Pilot program.

U.S. Immigration and Customs Enforcement (ICE) also is rolling out a new program, called Image, that will reward companies that participate in Basic Pilot and follow other good hiring practices.

The number of employers participating in the Basic Pilot program has more than doubled this year to around 11,000. Gerri Ratliff, chief of DHS' verification division, says the program can verify the eligibility of 80 percent of new hires in three seconds.

Most of the businesses that have signed up are in industries that employ a lot of immigrants, she says.

"If they think they might be targeted for ICE enforcement, they're running right to us to sign up," Ratliff says.

Businesses: Wait for Congress

Business groups, meanwhile, hope to persuade DHS to hold off on issuing a regulation that outlines what employers should do when they receive letters notifying them that workers' Social Security numbers don't match government records.

Under the proposed regulation, employers would have 14 days to see if a clerical error caused the discrepancy and contact DHS or the Social Security Administration to correct it. If the employee says the number is correct, the employee should contact the agency. If the employee's eligibility to work can't be verified within 60 days, the employer should terminate the employee. Otherwise, it runs the risk of being prosecuted for knowingly employing an unauthorized worker.

The comment period on the proposed regulation ended Aug. 14. Business groups urged DHS to postpone the new rule until Congress acts on immigration reform.

"Taking a new regulatory position when Congress has proposed alternative approaches may needlessly confuse employers on what to do when no-match notices are received," the National Restaurant Association contends.

Most experts doubt the House and Senate will be able to resolve their differences on immigration reform, but Laura Reiff, an immigration attorney who co-chairs the Essential Worker Immigration Coalition, says there is "a move afoot" for a compromise.

She thinks the proposed "no-match" regulation is part of the Bush administration's effort to prove it is enforcing immigration laws and pressure Congress to create a legal mechanism for employers to hire now-undocumented workers. EWIC contends the U.S. economy needs these workers.

DHS now is filing criminal charges -- instead of seeking administrative fines -- against employers who knowingly hire illegal aliens. This year, the department has made arrests in about 450 cases.

"We've made some very dramatic strides over the last year with respect to interior enforcement," says DHS Secretary Michael Chertoff.

Turnaround time 'unrealistic'

Business groups, however, says "no-match" letters shouldn't be used to prosecute employers because of widespread errors in the Social Security Administration's database.

"Many of our members conduct background checks or utilize other means to verify an employee's Social Security number ... but nonetheless receive no-match letters on those very same employees," states the Building Service Contractors Association International.

Business groups also say the proposed regulation doesn't give employers enough time to resolve discrepancies.

"A 60-day turnaround time from a federal agency on a routine basis is optimistic," states the American Hotel & Lodging Association. "A 60-day turnaround to correct a discrepancy in paperwork when the processing system will most likely be overwhelmed by the heavy volume of requests is unrealistic."

Best hiring practices
- Use the electronic Basic Pilot employment verification program for all hiring

- Establish an internal training program on how to complete I-9 employment eligibility forms and detect fraudulent documents

-Arrange for external I-9 audits

- Establish a procedure for reporting violations

- Establish a protocol for responding to no-match letters from the Social Security Administration

- Establish a tip line for employees to report employment of unauthorized aliens

- Establish safeguards against use of the verification process for unlawful discrimination

- Establish protocol to assess adherence to hiring guidelines by contractors and subcontractors

Source: U.S. Immigration and Customs Enforcement

2006-07-27T14:58:00.000-07:00

Two Companies and Company Officials Indicted for Harboring Illegal Alien Workers

The Conservative Voice, by Jim Kouri - A federal grand jury in Cincinnati has returned a 40-count criminal indictment charging two temporary labor companies, the president of these companies and two of their corporate officers with violations related to a large-scale illegal alien employment and money laundering scheme.
The defendants named in the indictment are: Garcia Labor Company, Inc, a temporary labor service company incorporated in Morristown, Tennessee; Garcia Labor Company of Ohio, Inc, a temporary labor service company based in Wilmington, Ohio; Maximino Garcia, president and co-owner of the two companies; Dominga McCarroll, sister of Garcia and former vice president of the two companies; Gina Luciano, director of Human Relations for Garcia Labor Company in Tennessee.

The indictment alleges that the Garcia Labor Company Inc. and Garcia Labor Company of Ohio, Inc (together known as Garcia Labor Companies) entered into a contract in December 1999 to provide temporary workers to sort freight for ABX Air, Inc., an independent and publicly traded company that provides air cargo transportation services nationwide from its base in Ohio and 18 hubs throughout the country. As part of its contract, Garcia Labor agreed that it all workers would be in compliance with applicable laws.

According to the indictment, Garcia Labor and the other defendants instead knowingly employed illegal aliens and provided them as contract workers to ABX Air and other companies. From December 1999 until about January 2005, the defendants caused more than 1,000 illegal workers to be employed sorting freight at ABX Air, knowing that these employees were not authorized to work in this country.

“Companies that utilize cheap, illegal alien labor as a business model should be on notice. ICE is dramatically enhancing its enforcement efforts against employers that knowingly employ illegal aliens,” said Julie Myers, Assistant Secretary for U.S. Immigration and Customs Enforcement (ICE). “Criminal indictments like the one unsealed today are the future of worksite enforcement.”

As part of the conspiracy, the indictment alleges that Maximino Garcia provided rental housing at two apartment buildings he owned in Wilmington, Ohio, for the illegal aliens he employed for contract work.

The Social Security Administration notified Garcia in May 2003 and April 2004 that several hundred of his employees were using Social Security numbers that were invalid or did not match SSA records, but he and his companies continued to employ these same workers, the indictment alleges. In addition, a former employee of Garcia Labor notified defendant McCarroll that the employees were working in the country illegally, but the defendants continued to employ the illegal aliens.

In January 2005, the Transportation Security Administration conducted a regulatory compliance audit and inspection of ABX Air and the Wilmington Air Park. As a result of that inspection, virtually every Garcia Labor employee working at ABX Air under the contract to sort freight in the sort/ground department was terminated after it was determined that each employee was using a Social Security account number that was invalid or otherwise did not match records of the SSA.

The indictment alleges that most of the aliens were Mexican citizens and that 90 percent of the aliens presented fraudulent Resident Alien cards and Social Security cards in order to complete the I-9 Employment Eligibility Verification Form for employment by Garcia Labor Companies.

In addition, the indictment alleges that defendants Garcia and McCarroll conducted financial transactions in the amount of more than $12 million that represented proceeds of harboring, transporting, and inducing aliens to reside and remain in the United States illegally.

All defendants are charged with one count of conspiracy to induce illegal aliens to reside in the United States and one count of conspiracy to commit money laundering. In addition, Maximino Garcia is charged with 16 counts of inducing illegal aliens to remain in the United States and 19 counts of harboring illegal aliens. Luciano is charged with 14 counts of inducing illegal aliens to remain in the United States, three counts of transporting illegal aliens, and three counts of harboring illegal aliens.

Each of the immigration charges carries a maximum punishment of ten years imprisonment and a fine of $250,000. Money laundering conspiracy has a maximum punishment of 20 years imprisonment and a fine of up to $500,000. Upon conviction, actual sentences will be determined by the judge. Actual sentences are often less than the statutory maximum, according to the circumstances of the conviction.

DHS Announces Federal Regulations to Improve Worksite Enforcement and Asks Congress to Approve Social Security “No Match” Data Sharing

2006-06-20T11:41:00.000-07:00

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010
June 9, 2006

President Bush recently announced that the Federal government would make it easier for employers to verify employment eligibility and continue to hold them to account for the workers they hire. To that end, the Department of Homeland Security (DHS) announced today the release of two Federal regulations to help businesses comply with current legal hiring requirements intended to reduce the employment of unauthorized aliens.

The first proposal would permit U.S. businesses to digitize their I-9 employment forms, which are used to verify eligibility to work in the United States. The other proposed regulation would set forth guidance for U.S. businesses when handling no-match letters from the Social Security Administration (SSA) concerning submitted employee Social Security numbers or from DHS concerning documents submitted by employees during the I-9 process.

“Most businesses want to do the right thing when it comes to employing legal workers,” said Homeland Security Secretary Michael Chertoff. “These new regulations will give U.S. businesses the necessary tools to increase the likelihood that they are employing workers consistent with our laws. They also help us to identify and prosecute employers who are blatantly abusing our immigration system.”

Typically, when a worker’s Social Security number does not match the worker’s name on tax or employment eligibility documents, the Federal government sends out a “no-match” letter asking them to resolve the discrepancy. In fact, out of 250 million wage reports the Social Security Administration (SSA) receives each year, as many as ten percent belong to employees whose names don’t match their Social Security numbers.

Employers have also expressed their frustration with being required to keep paper forms or to store the forms on microfilm or microfiche when all other aspects of their record-keeping have been computerized. The interim regulation would give employers the option to sign and store Forms I-9 electronically. It is expected that many employers will experience cost savings by storing these forms electronically rather than using conventional filing and storage methods. In addition, because of the automated way in which electronic forms are completed and retained, they are less likely to contain errors. Finally, electronically retained forms are more easily searchable, which is important for verification, quality assurance and inspection purposes.

The “no match” regulation reviews the legal obligations of an employer, under current immigration law, when the employer receives a no-match letter from the SSA or DHS. It also describes “safe-harbor” procedures for employers to use in dealing with such a letter. If followed in good faith, these procedures would provide certainty that DHS will not find, based on a receipt of a “no-match” letter, the employer in violation of their legal obligations.

These proposed regulations are now subject to a 60-day public comment period, although the I-9 regulation will become effective on an interim basis as soon as it is published.

As Congress continues to consider comprehensive immigration reform, DHS continues to urge them to increase the authority of the SSA to share information about Social Security “no match” letters with DHS worksite enforcement agents. This information would allow DHS to learn which employers had received “no match” letters from SSA. It also assists investigators in identifying companies with the highest rate of immigration fraud.

“Identifying businesses that are habitually flagged for submitting mismatched Social Security numbers would bolster our worksite enforcement efforts,” added Secretary Chertoff. “Congressional approval of this legislation is critical to ensuring that U.S. businesses hire legal workers.”

Chertoff also noted that fixing the problem of illegal immigration requires a comprehensive solution that must include a temporary worker program. A temporary worker program would replace illegal workers with lawful taxpayers, help us hold employers accountable, and let us know who is in our country and why they are here.

###

Note: The no-match letter can be a letter to the employer from the Social Security Administration stating that the combination of name and social security account number submitted for an employee does not match the agency records, or a letter from the Department of Homeland Security notifying employer that the immigration–status or employment-authorization documentation presented or referenced by the employee is not consistent with DHS records.

Senate passes immigration bill

2006-05-25T20:44:00.000-07:00

WASHINGTON (CNN) -- The Senate approved a wide-ranging overhaul of immigration laws Thursday, voting 62-36 to bolster security at the Mexican border and to grant many illegal immigrants a path toward citizenship. Read more...

Georgia Immigration Bill Signed by Governor

2006-04-26T09:28:00.000-07:00

Georgia governor Sonny Perdue has signed an immigration bill, which includes provisions affecting Georgia employers. The bill requires that public employers and contractors or subcontractors of public employers register in the federal work authorization program (the BASIC pilot program) to verify information of all new employees. The provision is effective July 1, 2007 for public employers, contractors, or subcontractors with 500 or more employees, July 1, 2008 for those with 100 or more employees, and July 1, 2009 for those with fewer than 100 employees.

The law will also prohibit employers from claiming $600 or more of wages paid to any undocumented employee hired on or after January 1, 2008 as a deductible business expense for state income tax purposes. Effective July 1, 2007, employers will be required to withhold state income tax at a rate of 6% from nonresident aliens for whom a 1099 has been filed when the nonresident alien has (1) failed to provide a taxpayer ID number; (2) failed to provide a correct taxpayer ID number; or (3) provided a nonresident taxpayer ID number. Any employer who fails to comply with the withholding requirements is liable for the taxes that should have been withheld. (S.B. 529, Laws 2006, approved April 17, 2006, effective as noted above.)

Department of Homeland Security unveils comprehensive immigration enforcement strategy for the nation's interior

2006-04-25T11:54:00.000-07:00

U.S. Immigration and Customs Enforcement – News Release
April 20, 2006

Department of Homeland Security unveils comprehensive immigration enforcement strategy for the nation's interior

WASHINGTON , D.C. - Homeland Security Secretary Michael Chertoff and Julie L. Myers, Assistant Secretary for U.S. Immigration and Customs Enforcement (ICE) today unveiled a comprehensive immigration enforcement strategy for the nation's interior.

The new interior enforcement strategy represents the second phase of the Secure Border Initiative (SBI), which is the Department of Homeland Security's multi-year plan to secure America 's borders and reduce illegal migration. The first phase of the SBI remains focused on gaining operational control of the nation's borders through additional personnel and technology, while also re-engineering the detention and removal system to ensure that illegal aliens are removed from this country quickly and efficiently.

The interior enforcement strategy will complement the Department's border security efforts by expanding existing efforts to target employers of illegal aliens and immigration violators inside this country, as well as the many criminal networks that support these activities. The primary objectives are to reverse the tolerance of illegal employment and illegal immigration in the United States . To meet these objectives, the strategy sets out three primary goals or courses of action that will be carried out simultaneously:

The first is to identify and remove criminal aliens, immigration fugitives and other immigration violators from this country.
The second is to build strong worksite enforcement and compliance programs to deter illegal employment in this country.
The third is to uproot the criminal infrastructures at home and abroad that support illegal immigration, including human smuggling / trafficking organizations and document / benefit fraud organizations.

Homeland Security Secretary Michael Chertoff said, "Illegal immigration poses an increasing threat to our security and public safety, and hard-hitting interior enforcement will reinforce the strong stance we are taking at our borders. With the interior enforcement strategy of the Secure Border Initiative, we will aggressively target the growing support systems that make it easier for aliens to enter the country and find work outside of the law. This department will counter the unscrupulous tactics of employers with intelligence-driven worksite enforcement actions and combat exploitation by dangerous smuggling organizations with the full force of the law."

ICE Assistant Secretary Myers said, "This strategy lays down a detailed roadmap for ICE and Homeland Security to pursue in addressing the massive illegal alien problem in this country. Reversing growing tolerance for the employment of illegal aliens and for illegal immigration in general is critical to achieving success in this task."

Goal one: identify and remove criminal aliens, fugitives and other immigration violators

Identify and remove incarcerated criminal aliens -- The prisons and jails in this country are estimated to book roughly 630,000 foreign-born nationals on criminal charges annually. Too often, the criminal aliens among this population are not removed from the country upon completion of their criminal sentences, but released into society. To combat this problem, ICE will expand its Criminal Alien Program to ensure these aliens are properly identified while in jail and removed immediately after serving their sentences.

Locate and remove immigration fugitives -- There are more than 590,000 aliens at large in this country who are fugitives that have been ordered removed by an immigration judge. This number is increasing at a rate of more than 40,000 each year. ICE Fugitive Operations teams are charged with tasked with locating and arresting these fugitives. Since ICE was created in March 2003, these teams have arrested more than 42,000 aliens, of which 31,000 were fugitives. More than 29,000 of these individuals have been removed from the country. To help combat this problem, ICE will expand the number of Fugitive Operations teams from the existing 35 teams to 52 teams by the end of this fiscal year, with an additional 1,000 arrests projected per team, per year. The goal for ICE Fugitive Operation team arrests this fiscal year is approximately 25,000 arrests. ICE also plans to open a Fugitive Operation Support Center to assist field agents and officers in record checks and processing real-time leads from national computer databases.

Target and remove visa violators - A substantial portion of the illegal aliens in this country are visa violators, with an estimated 165,000 new visa violations occurring annually. ICE created the Compliance Enforcement Unit in June 2003 to focus on high-risk visa violators by using new computer systems such as the Student and Exchange Visitor Information System (SEVIS) to flag violators. Since its inception, this unit has sent more than 10,000 leads to ICE field offices resulting in 2,100 arrests. ICE will be expanding the capacity of this unit and other visa compliance efforts of its field offices. The Fiscal Year 2007 budget request seeks an additional $10 million for ICE compliance enforcement efforts. Last year, ICE arrested more than 6,000 visa violators nationwide.

Target and remove aliens that pose criminal / national security threats - There are numerous illegal aliens at large in this country that pose criminal and/or national security threats. ICE has created several programs to combat this problem. ICE's Operation Community Shield targets foreign-born gang members and has resulted in the arrest of 2,400 gang members since its inception in 2005. ICE also launched Operation Predator in 2003 to target, among others, illegal alien child sex offenders. This effort has resulted in more than 7,500 arrests, most of whom were alien child sex offenders. ICE also has more than 200 agents assigned to the nation's Joint Terrorism Task Forces. Last year, these agents made roughly 270 arrests for criminal or administrative immigration charges.

Provide real-time information to law enforcement officers - The ICE Law Enforcement Support Center (LESC) in Vermont provides real-time assistance 24 hours-per-day, 365 days-a-year to federal, state, and local law enforcement officers who are investigating or who have arrested foreign-born nationals involved in criminal activity. The LESC has responded to more than 1.3 million such requests in the last two fiscal years and has lodged more than 7,000 immigration detainers in response to such requests this fiscal year. ICE will be expanding the capacities of the LESC.

Goal two: build strong worksite enforcement and compliance programs to deter illegal employment

Punish knowing and reckless employers of illegal aliens - Employers that knowingly and recklessly employ illegal aliens must be punished. ICE has already initiated a strategic shift in the way it approaches such employers by bringing criminal charges against them and seizing their illegally-derived assets -- rather than relying on the old tactic of administrative fines as sanctions. Last fiscal year, this new approach resulted in 127 criminal convictions, up from 46 the previous fiscal year. More employers are also being charged with money laundering violations, which can result in prison sentences of up to 20 years. Last year, a single ICE worksite enforcement investigation resulted in a settlement and forfeiture of $15 million, an amount that represented the largest worksite enforcement penalty in U.S. history and surpassed the sum of all administrative fines from the previous eight years. ICE seeks to enhance its worksite enforcement investigations with proposed additional funding. The Administration's Fiscal Year 2007 budget request seeks $41.7 million in new funds and 171 additional agents to enhance ICE's worksite enforcement efforts.

Eliminate Social Security abuses that support illegal immigration - Hundreds of thousands of workers in this country have registered "000-00-000" as a Social Security number. Millions have supplied social security numbers to their employers that do not match their names. This Social Security abuse provides a gateway for illegal aliens to obtain jobs. Currently, ICE does not have access to Social Security data to investigate these abuses. DHS is currently seeking a legislative fix in Congress that would provide ICE investigators with access to such data to combat this rampant fraud.

Work with Congress to build employer compliance systems - Employers who want to stay within the law need a clear set of rules to follow. ICE and DHS will seek to develop an administrative regulatory program to provide clearer guidance to employers.

Goal three: uproot the criminal infrastructure that supports illegal immigration

Target and dismantle human smuggling and trafficking organizations -- ICE investigations into human smuggling and trafficking organizations have resulted in 2,358 criminal convictions over the past two fiscal years. The number of ICE investigations launched into these organizations has increased from 2,564 in FY 2004 to 3,348 in FY 2005. ICE has begun applying its financial expertise to these investigations to target the illicit proceeds of these criminal organizations. ICE will continue to enhance its human smuggling and trafficking investigations and tighten its focus on the financial infrastructures of these organizations. One critical component of this effort will be the use of new Border Enforcement Security Task Forces (BEST) along the Southwest border to pool intelligence information from numerous agencies to better attack these organizations. The Department of Homeland Security created a BEST in Laredo , TX , last summer that has had considerable success in targeting cross-border criminal organizations and related violent crime. Another BEST has been launched in Arizona and others are scheduled to be created in Southwest border locations. ICE will also be harnessing the resources of its Attaché offices in more than 50 foreign nations to target human smuggling and trafficking organizations overseas in partnership with foreign law enforcement.

Detect and deter immigration-related document and benefit fraud -- In recent years, the problems of document and benefit fraud have surged, becoming increasingly sophisticated and lucrative. ICE established an Identity and Benefit Fraud Unit in 2003 to help address this problem. Over the past two years, the number of document and benefit fraud investigations launched by ICE has increased from 2,334 in FY 2004 to 3,591 in FY 2005. Criminal convictions in these cases have increased from 559 to 992 during this period. Earlier this month, ICE teamed up with officials from the Department of Justice, Department of Labor, Department of State and other agencies to create new "Document and Benefit Fraud Task Forces" in 10 major U.S. cities to combat this growing problem. Led by ICE, the task forces will build on existing partnerships to bring investigators together from a variety of agencies with expertise in different aspects of document and benefit fraud.

-- ICE --

U.S. Immigration and Customs Enforcement (ICE) was established in March 2003 as the largest investigative arm of the Department of Homeland Security. ICE is comprised of four integrated divisions that form a 21st century law enforcement agency with broad responsibilities for a number of key homeland security priorities.

Companies using illegal workers to be targeted

2006-04-20T11:31:00.000-07:00

Immigration arrests 9 IFCO bosses along with 1,000 workers

WASHINGTON (CNN) -- The Bush administration unveiled Thursday what it said is a new strategy aimed at companies employing illegal immigrants, illustrating it with a crackdown on the German-based firm IFCO Systems.

Law enforcement officials will "use all the tools we have, whether it be criminal enforcement or immigration laws to break the back" of businesses that exploit undocumented immigrants, said Homeland Security Secretary Michael Chertoff at a news conference. Read more.

Congress Debates Immigration Reform

2006-03-31T17:04:00.000-08:00

The House has passed legislation that would require companies to check the legal status of all employees with Homeland Security Department databases. It also would allow enforcement officials to see Social Security wage data and increase civil and criminal penalties for employing undocumented immigrants. The Senate too is debating compulsory worker checks, along with proposals to boost the number of work-site investigators and raise penalties for hiring undocumented workers. Read more.

DHS expects companies will have to verify workers' immigration status - The Department Homeland Security, Citizenship and Immigration Services expects Congress to pass a temporary worker program this year and to make it mandatory for employers to check the immigration status of employees. Read more.

FormI9.com is integrated with the U.S. Citizenship and Immigration Services

2005-12-27T11:19:00.000-08:00

Excert from "Security Personnel Rely on Background Screening"
by Joanne Friedrick, November issue of Security Director News

Another relatively new area in which background companies are getting involved is compliance with the Immigration Reform and Control Act, which mandates that employers must verify eligibility of new employees within three days, he said [Barry Nadell, President of InfoLink Screening Services, Inc]. Marketed through background screening companies, Nadell said the website, formI9.com is integrated with the U.S. Citizenship and Immigration Services and the Social Security Administration to verify the documents presented to employers. The site, said Nadell, "takes the guess work out of the process."

Form I-9 Compliance, LLC Launches the First Web-Based Form I-9 Employment Verification Service and Begins Executing Its Reseller Strategy

2005-06-17T15:55:00.000-07:00

June 17, 2005, Newport Beach, CA – Form I-9 Compliance, LLC, the first federally-approved Designated Agent of the Department of Homeland Security (DHS) and the Social Security Administration (SSA) for Form I-9 employment verifications, today announced that it has launched the first web-based service that enables employers to easily conduct legal right to work Form I-9 employment verifications on new employees.

With the passage of The Immigration Reform and Control Act of 1986 (IRCA), founders of Form I-9 Compliance worked closely with the Immigration and Naturalization Service (INS) to develop the original Form I-9 and have been providing I-9 consulting services since. In 2003, they began working on the patent pending service announced today. Form I-9 Compliance’s proprietary system and integration with the federal government’s Employment Verification Program allows employers to quickly and accurately verify new employees’ legal right to work in the United States. Using specific information contained on the Form I-9, Form I-9 Compliance electronically verifies the accuracy of employees’ Social Security and Immigration “A” numbers through DHS and SSA databases and provides the employer with a DHS-issued unique verification number.

Form I-9 Compliance will provide its services directly to employers and through value-added resellers. InfoLink Screening Services, a national provider of employment background screening services, is the first company to begin offering its clients Form I-9 services “Powered by Form I-9 Compliance.” These services include:

· Automated legal “right to work” verifications through the DHS and SSA. After spending time and money to recruit and hire new employees, companies can now take the final step and gain peace of mind that their employees’ Social Security and Immigration documents are valid.

· A self-correcting web-based Form I-9 that virtually eliminates human errors in the document completion process. Most employers are not aware of the processing errors that are made in completing the Form I-9 and the exposure to government fines for noncompliance. Form I-9 Compliance’s electronic Form I-9 substantially decreases such errors and helps ensure companies’ compliance.

· Electronic storage and retrieval of active and inactive I-9 Forms. Companies will benefit from the convenience and cost savings of 24/7 secure, paperless access to their I-9 Forms for updating, re-verification and governmental inspection as dictated by law.

· Proactive, automated alerts 90, 60 and 30-days in advance of the expiration of employees’ work authorization documents. Automated notifications to employers will enable their employees to apply for renewal of their work authorizations and greatly increase the probability that they can legally continue to work without interruption.

· Identification of current employees with fraudulent Social Security numbers. Through the SSA’s Employee Verification Service, Form I-9 Compliance can help employers improve the accuracy of payroll and tax reporting and prevent SSA inquiries concerning unmatched Social Security accounts.

· Professional consulting services performed by trained and experienced I-9 consultants, including former INS officials and executive-level Human Resources professionals. Form I-9 Compliance’s confidential consulting services include comprehensive audits of an employer’s Form I-9 program and processes, error identification and corrective recommendations, Form I-9 administration training and more.

“Form I-9 Compliance helps companies increase the efficiency and validity of their Form I-9 verifications and processes,” said John Hermann, President of Form I-9 Compliance, LLC. “Our services cost-effectively reduce exposure to government audits, financial penalties and negative publicity that can and does result when companies do not comply with IRCA.”

Form I-9 Compliance will be exhibiting at the SHRM Conference and Exposition in San Diego, California on June 19th through 22nd. Please visit Booth #3551 for more information.

About Form I-9 Compliance, LLC

Form I-9 Compliance was the first federally-approved Designated Agent of the Department of Homeland Security and the Social Security Administration for electronic Form I-9 employment verifications. Form I-9 Compliance provides automated right to work verifications, electronic Form I-9 processing, secure online storage and Form I-9 consulting services. Form I-9 Compliance is headquartered in Newport Beach, California. Visit www.formi9.com or call 866-640-4949 for additional information.

About InfoLink Screening Services

InfoLink Screening Services is a leading provider of employment background checks, drug testing, physical exams and Form I-9 services. Thousands of companies nationwide, from small businesses to Fortune 500's, rely on InfoLink's exceptional service, fast turnaround, legal compliance and accurate reports. InfoLink's comprehensive employee screening services and seamless integration with Human Resource software increase HR efficiency and enable businesses to Hire with Confidence™. Visit www.infolinkscreening.com or call 800-990-HIRE (4473) for additional information.

Form I-9 Employment Verification

2005-05-27T15:28:00.000-07:00

InfoLink Screening Services, a leading provider of employment background checks, drug testing and physical exam services is the first company to begin offering its clients Form I-9 services "Powered by Form I-9 Compliance."

Electronic Signature & Storage

2005-04-28T23:47:00.000-07:00

April 28, 2005 - Public Law 108-390 (signed by the President on October 30, 2004) goes into effect April 28, 2005, but the Department of Homeland Security has not yet issued final regulations for how employers will be able to sign and store Forms I-9 electronically. The U.S. Immigration and Customs Enforcement issued a Fact Sheet containing background information and guidelines for making use of electronic Employment Eligibility Verification Forms (Form I-9). Read Fact Sheet.

Form I-9 Compliance

2005-03-30T16:53:00.000-08:00

The Immigration Reform and Control Act legally mandates that U.S. employers verify the employment eligibility status of newly-hired employees and makes it unlawful for employers to knowingly hire or continue to employ unauthorized workers. With the passage of the Immigration Reform and Control Act, founders of Form I-9 Compliance worked closely with the Immigration and Naturalization Service (INS) to develop the original Form I-9 and have been providing I-9 consulting services since. Our knowledge and expertise of Form I-9 employment verifications is unrivaled.

Form I-9 Compliance is the first federally-approved designated agent of the Department of Homeland Security and the Social Security Administration for Form I-9 employment verifications. Our proprietary system and software integration with the federal government’s Employment Verification Program (EVP) allows employers to quickly and accurately verify new employees’ legal right to work. We are able to check Department of Homeland Security (DHS) and Social Security Administration (SSA) databases and provide a unique DHS-issued verification number. In addition to new employee verifications, Form I-9 Compliance can also help you identify current employees with fraudulent Social Security numbers through the SSA’s Employee Verification Service (EVS).

Our secure and accurate Form I-9 services will:

Help you ensure that your workforce is legally authorized to work in the United States.
Simplify and improve the efficiency of your I-9 compliance process.
Substantially decrease human errors in completing Form I-9s.
Improve the accuracy of your payroll and tax reporting and virtually eliminate SSA inquiries concerning unmatched Social Security accounts.
Cost-effectively reduce your exposure to government audits, financial penalties and negative publicity resulting from non-compliance.

Q1 ICE News

2005-03-25T21:13:00.000-08:00

March 25, 2005 - The U.S. Immigration and Customs Enforcement (ICE) announced the arrest of 14 illegal aliens employed as temp workers at Logan International Airport.

March 21, 2005 - The U.S. Immigration and Customs Enforcement announced the arrest of 9 aliens that used fraudulent immigration documents to gain employment at a Tucson, AZ based national defense subcontractor.

March 18, 2005 - ICE agents arrested an illegal alien who performed contract pipe insulation work at an Iowa nuclear power plant. He was later indicted for using and possessing fraudulent documents and making false statements to federal agents.

March 17, 2005 - The U.S. Immigration and Customs Enforcement announced the arrest of a cleaning service operator and 57 illegal aliens.

March 14, 2005 - The U.S. Immigration and Customs Enforcement announced the arraignment of two members of an employment agency that are accused of recruiting illegal aliens to supply workers to Asian restaurants throughout the central United States.

March 9, 2005 - The U.S. Immigration and Customs Enforcement announced indictments seeking the forfeiture of more than $11 million in illicit proceeds that five defendants allegedly earned from hiring and harboring illegal aliens to work for substandard wages at their Albuquerque, NM Chinese restaurants.

March 8, 2005 - ICE agents arrested 27 illegal aliens working as aircraft mechanics and in other aircraft maintenance jobs at the Piedmont/Triad International Airport in Greensboro, N.C. 12 people have been indicted for criminal charges including knowingly hiring illegal aliens.

January 4, 2005 - As a result of an ICE / FBI investigation a San Antonio, TX company pleaded guilty to falsifying employment forms to hire hundreds of illegal aliens for contract work at the nation's top producer of "Meals-Ready-to-Eat" (MRE) for U.S. military personnel in Iraq.

Record $11 Million Settlement

2005-03-18T22:12:00.000-08:00

March 18, 2005 - The U.S. Immigration and Customs Enforcement (ICE) announced that Wal-Mart Stores, Inc. agreed to pay $11 million to settle a worksite enforcement investigation into the alleged hiring of illegal aliens by independent contractors that provided contract janitorial services to Wal-Mart stores throughout the U.S. from 1998 through 2003. The 12 companies that provided these services also agreed to pay $4 million.