(The sentiment reflected in the above jpeg are not reflective are our views but rather a notice circulating online – and one that does not address the real issues facing employment of undocumented immigrants.)
Currently, employers are required to verify employee work eligibility in regard to the potential new hire’s legal residence in the United States. Seems like a fairly simple regulation but let’s first identify the inter-related issues of this type verification with the distribution of municipal IDs for undocumented aliens and proposed amnesty for the 11 – 12 million illegal aliens currently residing in the United States. Below are brief definitions of these three programs/factors and then we pose the question of the real viability for true compliance with E-Verify.
U.S. law requires companies to employ only individuals who may legally work in the United States – either U.S. citizens, or foreign citizens who have the necessary authorization.
E-Verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States.
“New York City is creating its own official identification card, which is excellent news for immigrants without papers and other New Yorkers who hope to make their city a more secure and navigable place. Mayor Bill de Blasio signed the bill on Thursday (July 17, 2014). The cards are supposed to be available early next year.”
Source: NY Times
Amnesty for Illegal Aliens:
The proposed immigration amnesty would benefit the 12 to 20 million undocumented aliens (illegal immigrants) currently living in the United States. An amnesty for illegal aliens forgives their acts of illegal immigration and implicitly forgives other related illegal acts such as driving and working with false documents. The result of an amnesty is that large numbers of foreigners who illegally gained entry into the United States would achieve legal residency status (Green Card).
Source: USAmnesty. org
Having defined these three factors that are intertwined in the hiring of new employees, let’s explore the inherent compliance issues for employers.
– E-Verify requires employers to verify the eligibility of new employees within 72 hours of their first paid work date.
– The requirements to obtain a municipal ID are still in flux with the ACLU having filed suit in NYS, claiming that illegal aliens will be “outed” by the program if required to present birth records.
– A large amnesty grant presents its own obvious problem for previously undocumented aliens when attempting to gain employment. There is no mechanism within the E-Verify program to allow for the vetting of those awarded amnesty.
In our research for this article, we were unable to find any sources of information that addressed these issues. HR departments, small business owners who employ their own hiring practices and any other entity that is mandatorily obligated to comply with E-Verify have thus far been left completely in the dark as to methods of acceptable employment verification but I’m fairly certain penalties for noncompliance – through no fault of the potential employer’s efforts – will not be waived.
We’ll be monitoring this situation closely and being you updates as available.
BNI Operatives: Street smart; info savvy.
As always, stay safe.