Thursday, March 10, 2011

E-Verify Self-Check Launching March 23, 2011 in Fives States and DC

The Department of Homeland Security held its USCIS E-Verify Self-Check Stakeholder Engagement on March 10, 2011 at 2pm EST. Participants listened by phone and in person. As part of the presentation, the USCIS Verification Division representatives conducted a demonstration of the E-Verify Self Check system.


The E-Verify Self-Check system would allow employees or workers looking to be hired to check their employment eligibility against the same databases used by employers who are members of E-Verify.


The Self-Check system will be rolled out in Arizona, Mississippi, Colorado, Idaho, and Virginia and the District of Columbia initially. A full roll out across the country will happen at a date “yet to be determined,” and will depend on how well the system works in the pilot states.


"Work Authorization Is Confirmed" Letter  After giving the information below, an individual will generally be issued an online letter telling them their “Work Authorization Is Confirmed.”

 Name,

 Address,

 Date of birth,

 Social security number, and

 Citizen status (e.g., US citizen or alien authorized to work)

Foreign nationals will also be asked for their employment authorization documentation information, I-94 number, or A number.


The letter that E-Verify Self-Check issues is not meant to be used as an employment authorization document. It is written in colloquial language, and addressed to the “First Name” of the individual doing the query. It is also not one of the documents permitted for use by an employer using a Form I-9 to verify employment eligibility upon hire.


Social Security Number and Name Mismatch  Other possible outcomes for an individual checking their own employment eligibility on E-Verify Self-Check are: (1) possible mistype of the social security number, try again, or (2) possible mismatch of the social security number. If the latter comes up, the individual is encouraged to visit the Social Security Administration with a pre-printed letter about this result, to try to have the mismatch corrected. The Mismatch Notification Letters to SSA are generated by the E-Verify Self-Check program. A mismatch could come up for example, if you have not changed your name with SSA after a marriage or divorce.


The Self-Check program warns those who choose not to go to SSA to resolve the mismatch that if they are checked by an employer on E-Verify, they are likely to get a TNC – Temporary Non Confirmation, and could be terminated, if they do not resolve the mismatch with SSA.


Privacy Protection  After an individual enters their personal information, short of their “citizen status,” the E-Verify Self-Check system warns that the information will now be sent to the third party who will create a “Quiz” for the individual. The Quiz will be a quiz of personal information available to credit agencies. If the individual passes the Quiz, he is able to use E-Verify Self-Check to verify his work authorization status. If he does not, he is considered to be someone who may be an identity thief.

Having Googled myself and a few individuals’ names before, I must say that the information that makes up the Quiz does not seem entirely “private.” My brief look at the privacy protection on this system makes me feel that this protection is not robust. The Quiz in the demonstration looks for former employer names, and former residential streets and phone numbers of the user. The concern of many participants at the Stakeholder Engagement was that the information obtained on an individual could be used nefariously by potential employers, or government benefit agencies.

On the other hand, recently arrived non-immigrants and refugees may have trouble using the Self-Check system at all since they will not have enough of a footprint with US banks and credit agencies to be able to have a “Quiz” generated. The Self-Check system is completely optional, however.

Resources

Federal Register
Online Demonstration

Tuesday, March 1, 2011

Owner of Bensonville, Illinois Temp Agency Knowingly Employed Undocumented Workers, Receives 18 Months Jail & Forfeits $465,178 : “Anna II” & “Can Do It Workers” Served Warehouses in Chicago Suburbs

February 16, 2011, as the result of a plea agreement, Clinton Roy Perkins of Wayne, Illinois was sentenced to 18 months in prison. He will forfeit $465,178 in proceeds from his criminal actions. His prosecution was started in spring 2010 by the US Attorney for the Northern District of Illinois Patrick Fitzgerald, and Chicago sections of the Immigration & Customs Enforcement (ICE) and the US Department of Labor.

The indictment filed by Patrick Fitzgerald’s office in spring 2010 covered the actions of Mr. Perkins and his son-in-law Christopher J. Reindl between October 2006 and October 2007. Mr. Perkins and his office manager Mr. Reindl had a practice of not checking the employment eligibility of their new hires. Knowing that many of them were undocumented, they gave their warehouse company clients fake Social Security information when asked. They paid their employees in cash, and did not deduct payroll taxes or withholding.


Mr. Reindl, age 40, has also plead guilty, and his sentencing is expected this month.


Sources:

ICE Press release

US Attorney Patrick Fitzgerald's indictment in US v Perkins, undated/unsigned.