Tag Archives: E-Verify

Various State E-Verify Laws To Go Into Effect January 1, 2012

 

Several states will require various employers to use the E-Verify system as of January 1, 2012.

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California Outlaws Local E-Verify Laws (AB 1236)

 

On October 9, 2011 Governor Jerry Brown signed into law A.B. 1236.  A.B. 1236 prohibits local governments from making E-Verify mandatory for employers within their borders.

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DHS Secretary Napolitano Testifies on E-Verify

 

On Wednesday, October 26, DHS Secretary Janet Napolitano testified before the United States House of Representatives Committee on the Judiciary. E-Verify was one of several topics in Secretary Napolitano’s testimony.

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Infographic: The Costs of E-Verify

From:   The Center for American Progress.

This infographic explains the costs of E-Verify, the government’s Internet-based work authorization system. It highlights the system’s known costs, such as lost tax revenue and monetary burdens on small businesses, and estimates the costs of additional fiscal burdens—to individuals verified through the system, to employers utilizing the system, and to the federal government in running the system—absent from much of the dialogue. E-Verify expands the size of government while decreasing revenue, places a crushing burden on small businesses, and imposes a “jobs tax” on ordinary Americans. 

Click this for a graphic on the costs of E-Verify: 

 Technology is generally a good thing.  The government has typically imposed E-Verify on businesses doing contract work for the state or federal goverment.  Many concerns center on the reliability of E-Verfiy.  Will these costs be too difficult for private industry to bear?  That is the question. 

E-VERIFY NEWSLETTER LAUNCHES

E-Verify is an Internet-based system run by the Department of Homeland Security that allows businesses to determine the eligibility of their employees to work in the United States.

USCIS has released the first issue of “E-Verify Connection,” an e-newsletter that brings updates and information regarding E-Verify. You can access the newsletter here.

IMMIGRATION UPDATE – E-Verify

The U.S. Department of Homeland Security is currently attempting to convince Congress to make E-Verify, the voluntary Internet-based employment verification system, mandatory for all employers in the United States.

COMMENTARY

E-VERIFY:

What is E-Verify? E-Verify is an Internet-based system that allows an employer, using information reported on an employee’s Form I-9, to determine the eligibility of that employee to work in the United States. For most employers, the use of E-Verify is voluntary and limited to determining the employment eligibility of new hires only. There is no charge to employers to use E-Verify. The E-Verify system is operated by the U.S. Department of Homeland Security in partnership with the Social Security Administration.

Agencies across the federal government as of September 8, 2009, started ordering all federal contractors to use E-Verify to verify whether their employees are eligible to work in the U.S. [Source: Wall Street Journal]

E-Verify, the often-criticized electronic system for checking workers’ immigration status, is apparently here to stay. President Obama’s chief of Citizenship and Immigration Services, Alejandro Majorkas, defended the system on September 16, 2009, as the government continues to expand its use.

E-Verify is mandatory for employers in some states, including Mississippi and Arizona.
The system has its critics. Among the criticisms are the following:
1. The system may or may not be able to handle a surge in queries, especially if more private employers are required to use it.
2. Employers are required to notify individuals who receive a tentative non-confirmation. The employee has eight federal working days to contact SSA to correct their records.
Eight days is a small window to correct any discrepancies. The employer would have the burden to make these corrections.
3. According to nextgov.com, about .03 per cent of the “tentative nonconfirmation” results contest the determination successfully. This would yield 24,000 erroneous results annually, a figure deemed too high by critics.

The question becomes, will E-Verify become mandatory for private employers? This is an issue employers need to monitor. The 2010 appropriations bill provides $5.4 billion to fund DHS’s employment verification activities.

The present E-Verify system may become even more advanced. Senator Schumer (D-NY) has stated repeatedly that E-Verify does not “go far enough” and made clear in several occasions that he favors a hi-tech employment verification system which employs biometric identifiers such as fingerprints, eye scans, and more. Similarly, Secretary Napolitano, who believes E-Verify is a “smart, simple and effective tool” has also made clear, in agreement with Sen. Schumer that “we need to continue to work to improve E-Verify, and we will.”

USCIS also recently redesigned its website. Hector A. Chichoni has an excellent theory that one of the purposes of the redesign was to provide a more powerful platform to handle a surge in E-Verify related queries. [See: Miami Herald]

Sincerely,

Law Office of John M. Manley