Has the No-Match Rule met its match with E-Verify?

In a bit of a “I told you so” move, the Department of Homeland Security (DHS) proposed a new regulation on August 19 that could kill the controversial Social Security Administration (SSA) No-Match Rule. As you recall, the rule established a “safe harbor” provision allowing employers 90 days to resolve any employment eligibility issues identified in a No-Match letter or notice from DHS. (Typically, an employee’s name and Social Security Number - as provided in a W-2 earnings report - not matching SSA records.)

Most employers aren’t sad to see the rule go. This is largely due to the fact that even though millions of undocumented immigrants receive No-Match letters every year, so do legal workers, due to clerical errors, unreported name changes and other discrepancies. Regardless of the circumstances, the No-Match Rule would have put employers in the hot seat, requiring them to penalize or fire workers who were unable to correct their Social Security records in time.

In the rule’s place, the DHS plans to focus its enforcement efforts on employer participation in E-verify. This free, Web-based system, operated by DHS in partnership with the SSA, compares employee information from the Employment Eligibility Verification Form (Form I-9) against federal databases. “E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce,” says DHS Secretary Janet Napolitano.

Like I mentioned earlier, it’s not like we didn’t see this coming. In a July 8 press release from the DHS, it was revealed:

DHS will be proposing a new regulation rescinding the 2007 No-Match Rule, which was blocked by court order shortly after issuance and has never taken effect. That rule established procedures that employers could follow if they receive SSA No-Match letters or notices from DHS that call into question work eligibility information provided by employees. These notices most often inform an employer many months or even a year later that an employee’s name and Social Security Number provided for a W-2 earnings report do not match SSA records—often due to typographical errors or unreported name changes. E-Verify addresses data inaccuracies that can result in No-Match letters in a more timely manner and provides a more robust tool for identifying unauthorized individuals and combating illegal employment.

What to do in the meantime?

Even though it looks like the DHS will not be mandating a “safe harbor” process for responding to No-Match letters anytime soon, you should still follow some basic precautions when screening and verifying an employee’s eligibility to work.

By law, you may not:

Set different standards for verifying employment eligibility or require that different documents be presented by different groups of employees. For example, you cannot waive I-9 requirements for individuals appearing to be U.S. citizens.

Require applicants to provide I-9 documentation before making a job offer. Legally, job applicants do not have to verify their identity or employment eligibility until they actually start work.

Specify or select which documents must be provided. The I-9 form lists the specific documents an individual may provide to establish his/her identity and work authorization. Employers must allow individuals to choose from this list of permissible documents.

Discriminate against individuals with “temporary” work authorization status. Temporary resident aliens and individuals who have asylum typically have documents that expire, but they ordinarily obtain extensions.


Brittanicus said...

Even though I am a great believer in a Senators Kennedy's public option to Health care, I am adamantly--OPPOSED--to any path to citizenship for illegal immigrants he also endorsed. But alas Health care and illegal immigration are joined a the proverbial hip and must be separated. In 1985 immigration bill Sen. Kennedy assured the American people, that another AMNESTY would--NEVER--be enacted in future sessions of Congress. He was after all one of the principal authors of the Simpson/Mazzoli bill, in which he committed himself to all of the American public. Speed up a--POINTS SYSTEM--for top of the pinnacle highly skilled workers, but no more hosting millions of indigent foreign labor and families, who become public welfare charges.

Once again we will be confronting this major dilemma on immigration reform, mainly because over many administrations immigration enforcement was never carried out. Over these decades lax policies have caused a massive overload of foreigners, who compromised themselves by not following the law, but are not entirely to blame? The awful fact is that the 1986 legislation was under funded and engineered for the particular business sector, unions, church, specialized attorneys and radical minority organizations by certain politicians. Since than the costs have been magnified, parallel to the--TRILLIONS--spent on nation building wars. At least 20 million illegal immigrants now reside in America, and decades of neglect, has swollen the numbers that in future years will undoubtedly cause irreversible overpopulation as analyzed by the US Census Bureau?

Trying to deport so many people is a possibility and a very expensive proposition. But their is another avenue that could be used, with equal success and not costing anywhere near using a forced deportation? We must demand from our rogue lawmakers in Washington to introduce a mandated, funded E-Verify? We know it works well because Special interest groups have used their influence to derail it. In the courts they have resuscitated racial profiling, including that it was faulty in its operation. The cure is simple--plaintiffs should go to the local Social Security office for straightening out irregularities. Until now we didn't realize its power to perform and remove illegal immigrants from the work floor and therefore our government should make it available to every employer under the penalty of fines and prison. BEFORE ANY NEW WORKER IS HIRED, THEY SHOULD BE GIVEN AN E-VERIFICATION FORM WARNING THEM OF USING BOGUS ID AND A LEGAL FORM TO SIGN UNDER THE PENALTY OF PERJURY IN MAJOR FOREIGN LANGUAGES. EACH BUSINESS MUST BE MANDATED TO DISPLAY AN E-VERIFY NOTICE. THEIR SHOULD BE A REWARD TO WORKERS, WHO CORRECTLY REPORTS ILLEGAL LABOR ACTIVITY TO ICE.

Brittanicus said...

Democratic leadership made a fatal error, as it had already been funded for months to come E-Verify. The public eye and anti-illegal immigration groups became instantly aware of its special use. An outcry to Washington caused a re-emergence of this utility and now is firmly placed as a workable tool. Further innovations and technical progress--MUST--be made available and reasonable appropriations to modify its accessibility for the most fundamental PC operative? As time goes by, as all new computer programs bugs and errors will be removed and new versions will appear. A few Eastern states have made it fully functioning, while rebel states as California--a Sanctuary illegal immigrant state--is defying its use. Through voluntary now, over time it could cause mass evacuation of illegal labor from the workplace as by "Attrition". Millions will surely give up as employers will live under a dark cloud of penalties and return slowly to their home country.

The 1986 (IRCA) immigration act is very potent and is currently under attack by unions, ACLU, US Chamber of Commerce, as is E-Verify, 287 G, the border fence and anything that smells of enforcement. Corporate entities--COMMAND--unparalleled cheap labor with no restriction, which has been honored by certain unethical politicians who do not represent the majority of the jobless public. Years of inactivity by unethical politicians caused the immigration mess in the first place. So the old adage stands its ground even today, “You made this bed, so now you have to sleep in it"? President Obama is going to try and insist on pushing through another immigration reform, but we cannot let this happen. He should build on the 1986 immigration reform, add amendments and stop the OVERPOPULATION of this country. Do the calculations yourselves of the trillions of dollars used--OVER THE YEARS--to cater to foreign national workers, their families in education, hospitals and the penal environment.

We must assure that all American workers are gainfully employed, not individuals who have no right to be in our country? It makes me sick to see veterans of Korea, Viet-Nam, the Gulf war walking the streets homeless, while illegal immigrants get gratification from employers and lawmakers. WE NO LONGER CAN SUPPORT ILLEGAL IMMIGRANTS. OUR COUNTRY IS NEAR BANKRUPTCY. DEMAND E-VERIFY TO CHECK THE IMMIGRATION STATUS FOR EVERY US WORKER, BY CONTACTING YOUR LAWMAKER AT 202-224-3121. VOTERS SHOULD COMMAND NO MORE WEAKENING OF ANY LAWS INCLUDING 1986 (IRCA) IMMIGRATION CONTROL & REFORM ACT. JOIN NUMBERSUSA, JUDICIAL WATCH AND BE STUNNED HOW MILLIONS OF VOICES HAVE MADE AN INCREDULOUS DIFFERENCE.

PS: Illegal Immigrants will get full access to THE PEOPLES health care, if the Democrats pass a path to citizenship or better known as BLANKET AMNESTY. This piece of potential legislation, is not being fully advanced to the public and cloaked until after enactment?


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