Stolen Identities Often Slip Through E-Verify

While an independent evaluation of the E-Verify program revealed several positive aspects of the federal government’s electronic employment verification system, the consultant’s report also showed that unauthorized workers using others’ identities are often cleared to work by E-Verify. 

 The evaluation found that during a two-month period in 2008, nearly 94 percent of the employment verifications run through E-Verify were identified correctly as eligible for employment in the United States. The study found that the remaining 6 percent did not have proper work authorization and that over half of those were still granted work authorization through the system.

 The researcher found that E-Verify cleared nearly 54 percent of the non-eligible workers by concluding incorrectly that they had proper work authorization. The report found that the unauthorized workers passed the E-Verify checks because they had used fraudulent or stolen identities. The study’s findings appear to support the claims of several employment groups that have criticized E-Verify as being particularly vulnerable to identity theft and fraud.

 A spokesperson for U.S. Citizenship and Immigration Services (USCIS) told reporters that the agency was working to improve E-Verify, including adding more databases and a photo-screening tool.

 The report concluded that improving the system’s ability to detect identity fraud should be a top priority of the USCIS.

 The focus needs to be on reducing the rate of false negatives (the rate of unauthorized aliens being granted work authorization through E-Verify) that are approved through the system. By addressing the issue of false negatives, then officials with the USCIS can get a better picture of how identity fraud and theft is being used to beat the system.

 Excerpted from HR Magazine, April 2010

LEGISLATIVE AND REGULATORY NEWS

Although it remains consumed with the debate over health care reform, Congress is also considering a bill that would tie increases in the minimum wage to the federal threshold determining poverty for a family of two.  The bill (the Living American Wage Act of 2009, H.R. 3041) would adjust the minimum wage every four years. Under current economic conditions, the minimum wage established by this bill would be set at $8.20/hour.  A Senate Committee has approved a bill (S 1261) establishing federal security standards that states must follow for issuance of driver licenses and identification cards. A court has upheld the validity of the presidential order requiring federal procurement contractors to use the E-Verify system to verify the legal status of employees.  Finally, the United States Department of Health and Human Services has issued regulations implementing federal requirements that employers and health care providers provide notice to affected individuals of any breach of protected health information. For more information, see:  http://www.littler.com/PressPublications/Documents/2009_08_ASAP_EmployersHealthCareProviders_NewGuidance_HIPAASecurityBreach.pdf

Acknowledgement and thanks to Mike O’Brien (writer) and Kriss Hess (sender) at the law firm Jones Waldo in Salt Lake City, UT

Court Rules Federal Contractors Must Use E-Verify Beginning September 8, 2009

A U.S. District Court issued a long-awaited decision in Chamber of Commerce of the United States of America v. Napolitano; a case in which SHRM, the U.S. Chamber of Commerce, American Council on International Personnel, HR Policy Association, and Associated Builders and Contractors, Inc., challenged the legality of a Bush Administration Executive Order requiring that federal contractors use E-Verify to check the employment eligibility of all newly hired employees, as well as all current employees directly working on a contract.

The plaintiffs challenged the legality of Executive Order 13464 and its implementing regulations arguing that it was neither legally justified nor practical for federal contractors to implement. The court discounted the plaintiffs’ arguments deciding the case in favor of the government and ruling that the regulation should go forward.

Absent an additional delay, the rule is scheduled to go into effect on September 8, 2009. This deadline means that most federal contracts awarded, as well as solicitations issued after September 8, 2009, must include a clause mandating use of E-Verify for all employees hired during the contract period and all existing employees assigned to perform work under the contract. The United States Citizenship and Immigration Services (USCIS) has published information and frequently asked questions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cb2a535e0869d110VgnVCM1000004718190aRCRD&vgnextchannel=534bbd181e09d110VgnVCM1000004718190aRCRD ) on its website regarding application of the rule.