U.S. systems verify eligibility of workers
Posted on Sunday, August 17, 2008
Every business has to maintain a legal workforce.
The Department of Homeland Security and the Social Security Administration offer options for employers to verify information provided by newly hired employees.
The Social Security Administration maintains the Social Security Number Verification Service that allows employers to check numbers online, over the telephone and through the mail.
In many cases, an employer wouldn’t need a government database to keep from hiring an illegal alien, said Chris Plumlee, assistant U. S. attorney for the Western District of Arkansas.
Many of the Social Security cards presented by illegal aliens don’t look authentic and often are bought at border crossings, Plumlee said. Some cards are made on a printer in someone’s house, he said.
“If it looks like something your child produced, you shouldn’t take it,” he said.
The hiring practices of the Acambaro Mexican Restaurant and its sister companies caught the attention of agents with U. S. Immigration and Customs Enforcement. The companies pleaded guilty in U. S. District Court to harboring illegal aliens earlier this month, while company officers pleaded guilty to lesser charges.
Federal prosecutors have said the actions of Acambaro’s owners go beyond that of a company duped into hiring illegal aliens.
Typically, employers prosecuted by the U. S. attorney’s office intentionally hire illegal aliens, Plumlee said. Because it is possible to hire someone using fraudulently obtained documentation, prosecutors look to see if a business has a pattern of documentation problems before seeking charges.
Employers who deliberately hire illegal aliens often won’t question the origin of identification numbers or ask for documentation, Plumlee said. If the employer doesn’t require an I-9 Employment Eligibility Verification Form, he said, “that’s pretty telling.” Using programs such as E-Verify — a program that includes the more than 400 million files in the Social Security database as well as about 60 million files in the custody of Homeland Security — is a good way for employers to show they are acting in good faith, Plumlee said.
“I don’t see why anyone doesn’t want to participate unless they’re wanting to hire illegal [aliens ] or don’t care,” Plumlee said.
Employers must register to use the program, which can only be used for new hires.
Employers can’t screen candidates before they make a job offer and must provide notification that applicants ’ information will be verified through the system.
When a person’s information is not confirmed, companies must give the employee a chance to dispute the findings and offer proof that he is legally allowed to work.
SHORTCOMINGS E-Verify and the Social Security Number Verification Service only confirm whether a Social Security Number is valid, not whether it is being used by the person to whom it was issued. “That’s where identity fraud comes in,” said Cathy Johnson, vice president of employment compliance for Tyson Foods Inc. Springdale-based Tyson began using the program in 1998, when E-Verify was being tested, but the company doesn’t stop there. It contracts with an outside firm to audit hiring records and trains managers to look for fraud, Johnson said.
Hiring managers aren’t trained to be document experts and aren’t expected to be, Johnson said. They share information about what they are encountering — such as a large amount of state identification cards with the same or similar numbers.
E-Verify is updated continuously and has become much more efficient, said Bill Wright, spokesman for Citizenship and Immigration Services.
“The system is not set up to correct all possible identity theft or fraud,” he said.
A photo tool has been added to the system, which lets employers check photos on immigration documents with the person presenting them. Wright said there are plans to increase that photo database to include pictures from passports and eventually state-issued driver’s licenses.
The photo databases should help increase the ability to cut down on cases of identity theft, Wright said.
Johnson doesn’t expect to see those additional photos added any time soon. Instead, she said that she would like to see the system be set up to check more records in the Social Security Administration.
It would be much simpler to set up the system to verify the last three places of employment, Johnson said. That would be the kind of information a forger wouldn’t have.
“For E-Verify to be an outstanding tool, it needs that type of enhancement,” Johnson said. “Right now, the onus is on the employer to figure out what the fraud is.” NOT FOR EVERYONE Initially limited to select states, E-Verify now has more than 80, 000 registered users through out the country, Wright said. As of Aug. 9, nearly 400 Arkansas companies were registered, covering more than 2, 000 job sites. Ten states mandate the use of E-Verify, though some only require it of state agencies. Arizona and Mississippi require all employers use E-Verify, according to the National Conference of State Legislators Web site.
Federal contractors will be required to use the program once rules have been established in accordance with an executive order President Bush signed in June.
Congress is considering legislation that would require all businesses to run new hires through E-Verify. U. S. Sen. Mark Pryor, DArk., would have all businesses using the program within four years under his proposed Secure America through Verification and Enforcement Act, which still is being reviewed by a congressional committee.
E-Verify has its critics. Illinois legislators sought to block its use, citing accuracy and timeliness issues.
But so far, it’s the best tool there is, said Ana Hart, executive director of Just Communities Northwest Arkansas, an organization that promotes understanding among diverse cultures.
Hart said that she is pleased the program is available but thinks it should remain voluntary. It needs refinement, including verification that the information contained in the databases is accurate.
“I believe it is a good tool. I believe in having tools that assist employers to achieve the responsibility they have that the person they’re hiring is who he say he is,” Hart said. “I recognize its limitations but it’s the best we have.” Making sure In addition to filing I-9 forms to check a prospective worker’s immigration status, companies have the option of using the E-Verify system from the Department of Homeland Security or a Social Security database to double check numbers. E-Verify Administered by the Department of Homeland Security and Social Security Administration.
Employers can register a single location, multiple locations or create an interface that interacts with the online databases.
Third-party companies can also register to perform checks on behalf of employers. Available 24 hours a day. Most checks take a few seconds. Registration options can be found at www. visdhs. com / EmployerRegistration / StartPage. aspx Information about the program can be found at www. dhs. gov / xprevprot / programs / gc _ 1185221678150. shtm Social Security Administration The administration’s Business Service Office offers online services including Social Security number verification.
The service is available 5 a.m. to 1 a.m. Monday through Friday; 5 a.m. - 11 p.m. Saturday and 8 a.m. - 11: 30 p.m. Sunday.
Registered companies can verify up to 10 names and numbers per screen, or upload files containing up to 250, 000 names overnight. Uploaded file results are available the next government business day. Registration information can be found at http: // www. ssa. gov / bso / bsowelcome. htm Employment eligibility can also be verified over the phone, via fax or by mail. Different restrictions apply depending upon the amount of Social Security to be verified. If there are more than 300 numbers, the administration requires using the online option. Verification of one to five employees can be done over the phone by calling 800-772-6270 between 7 a.m. and 7 p. m., weekdays. Verification of up to 50 names can be obtained by submitting the information to the local office. Verification of 50 to 300 names requires registration. Information about verification can be found at http: // www. ssa. gov / employer / ssnvs _ handbk. htm Arkansas Democrat-Gazette
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