“The system can falsely report a legal worker as being ineligible.”

This claim isn’t necessarily true, but even if it is, it doesn’t prevent a legal worker from keeping his job. E-Verify can only be used to verify new hires; in other words, the worker already has the job. It is illegal and prohibited by the employer’s agreement with the Department of Homeland Security to use E-Verify to pre-screen employees.

As long as the identification info submitted is correct, US citizens are never reported as ineligible. Non-citizen workers can, for various reasons, incur a “Tentative Non-Confirmation” in the initial response. Proper procedure requires, however, that:

1. the employer check the information submitted for accuracy and resubmit if an error is found;
2. the new hire be notified in writing of the initial response;
3. the new hire be given the opportunity to contest, in writing, the non-confirmation;
4. the new hire be provided with instructions, provided by E-Verify and in writing, for clearing up the discrepancy;
5. the employee cannot be fired, suspended, have training withheld or work hours shortened as a result of the non-confirmation;
6. the new hire either contact the local SSA office in person or DHS by phone to correct any problems with the employee’s eligibility. In other words, the final determination is done by a living human being, not the system;
7. the E-Verify system be updated to reflect the corrected information. Final determination of the worker’s eligibility is reported through E-Verify rather than by the employee to the employer, to eliminate miscommunication.

Critics refuse to acknowledge that the system is slanted, at every step, to protect the legal worker and that the E-Verify system has never, when used correctly, denied a legal worker a job.

“The system doesn’t match the Social Security number to the employee and can’t stop identity theft.”

While there may have been some validity to this claim in the past, it is much less an issue today, if at all. First, a US citizen is always eligible to work, regardless of what Social Security number he or she uses. For the purposes of employment eligibility, there is no reason for a US citizen to present an incorrect number.

Eligible non-citizens have a SSA number that is tied to the immigrant’s SSA and/or DHS record, which includes its own number(s) and photograph. Mismatches between the Social Security number and the alien’s immigration ID are detected. For workers who present a Resident Alien card or other work eligibility document, the photo on the card is matched to the photo on record. If there is still a question regarding identity, the new hire is instructed to follow the same basic procedure as enumerated above.

While it may be possible for an illegal alien to use the Social Security number of an eligible worker, one of the pieces of identification presented by the new hire must have a photo. Employers are required to exercise due diligence to ensure that identification documents are not obviously forged, but that has always been expected of employers and is not indicative of a flaw in the E-Verify program.

Finally, IF the process fails at this point, it always fails IN FAVOR OF employment.

Detractors of E-Verify, such as Councilman Doug Linkhart, point to studies that show the system can falsely report a legal worker as being ineligible. And because E-Verify can check only whether a new employee’s Social Security number belongs to a legal worker rather than to the person who submitted the number, it also does nothing to deter identity theft, opponents say.

E-Verify rule pleases some businesses, but some council members oppose it – Silicon Valley / San Jose Business Journal

[Also posted in response to this article at Examiner.com Denver]

It went into affect July 1, 2010.  It requires Utah companies with more than fifteen employees to check the legal status of new workers. But, as of Tuesday, less than 200 companies in the state were doing so.

Many Utah businesses not following new Verify law – ABC 4.com – Salt Lake City, Utah News

During E-Verify’s most recent full fiscal year, which ended in September 2009, Arizona employers made more than 1.3 million new hires but ran just 730,000 E-Verify checks.

Most Arizona employers aren’t using E-Verify

"We in Arizona have been more than patient waiting for Washington to act," Brewer said after signing the law. "But decades of inaction and misguided policy have created a dangerous and unacceptable situation."

Ariz. governor signs immigration enforcement bill

Note: Cross posted from BobGriggs.com.

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Tennessee businesses that hire undocumented workers face penalties, including the possible loss of their business license. That may be one reason an internet-based system that confirms employment eligibility is gaining ground here: E-Verify. More than 2,700 Tennessee businesses use E-Verify to compare a worker’s documentation against a federal database.

WBIR.com | Knoxville, TN | More Tennessee businesses use E-Verify to check worker eligibility

Hundreds of companies and institutions in Central Florida — ranging from Westgate Resorts and Dunkin Donuts shops to St. Cloud government and Orange County Public Schools — have joined the program. They include businesses in the hospitality, restaurant and construction industries, where many undocumented immigrants have found employment.

Illegal immigration: More Florida employers looking into immigration status of their hires – OrlandoSentinel.com

"The state legislature shall follow the Arizona law as closely as allowed by the Colorado state constitution," the Colorado proposal reads. "The state legislature shall include provisions for penalties and fines, responsibilities for enforcement and audit, timetables for phase-in of the law over three years for companies with fewer than 50 employees, and prohibitions on the use of independent contractors to intentionally avoid compliance with the law."

Tancredo ballot measure would require employers to verify immigration status of all new hires – The Denver Post

Employers may use the Form I-9 with the revision date of either August 7, 2009 or February 2, 2009. The revision dates are located on the bottom right-hand portion of the form.

Our clients can obtain the new version of Form I-9 and “Handbook for Employers” by logging in and visiting the Document Library. Form I-9 is also downloadable from our home page.

The rule is scheduled to go into effect on September 8, 2009. Once in effect, federal contractors must enroll in E-Verify within 30 calendar days after being awarding a covered contract. Most contractors must then start using E-Verify within 90 days from the date of E-Verify enrollment.

E-Verify & I-9 News » Blog Archive » DHS wins E-Verify Federal Contractor Lawsuit

Macomb will soon become the first county in Michigan to weed out illegal aliens from its work force and from the rank and file of its vendors and contractors.

County won’t hire illegals – The Macomb Daily News: Breaking news coverage for Macomb County, Michigan