Immigration experts: New form will fight job fraud

Houston Chronicle ^ | Dec. 26, 2007 | JAMES PINKERTON

[SwinneySwitch]

I-9 becomes mandatory today

Starting today, every employer in America must use a new employment verification form that immigration officials say will help reduce document fraud.

To comply with a 1996 law, the new I-9 form drops five documents from the list that employers could use to verify employees' identities and work eligibility.

And immigration experts predict this is only a first step in the government's plan to further reduce the number of documents used to verify employment, part of a heightened effort to root out document fraud in the workplace.

But for now, the new I-9 form is not expected to present significant problems when it becomes mandatory today, according to government officials, immigration experts in Houston and the nation's largest employer.

''We're anticipating a smooth transition from the old form to the new one," said Chris Bentley, a spokesman with U.S. Citizenship and Immigration Services in Washington. ''It's one we've publicized to the employer community, one they know is coming, and it's as simple as downloading the new form and using that as of the 26th."

Bentley said the decade-long delay in implementing the form was due to the transition from the old Immigration and Naturalization Service to the USCIS, part of the federal reorganization that created the Department of Homeland Security.

The documents' removal ''has to do with frequency of how they can be fraudulently produced," he said.

At Wal-Mart, the nation's largest employer with 1.3 million workers, there have been ''no issues" raised by the revised document, said spokeswoman Sharon Weber.

"We're already using it. Our goal is to be in compliance with all regulations and forms required of us," said Weber, at company headquarters in Bentonville, Ark.

The new form took effect Nov. 7, but did not become mandatory until today.

In Houston, veteran immigration attorney Gordon Quan said the I-9 will have minimal impact on existing employment verification procedures.

Civil penalties unchanged ''We knew these amendments were going to happen," he said. ''It's an update of the form. ... I don't think the excluded documents will affect very many people."

The five excluded documents are all immigration forms, including certificates of U.S. citizenship and naturalization, that government officials believed could be counterfeited. The new form retains five documents that establish identity and employment eligibility, including the U.S. passport and the so-called Green Card or permanent resident card.

The new I-9 form must be used for employees hired after Nov. 7, 2007, but existing workers who have the old I-9 on file do not have to fill out new forms. Civil penalties remain unchanged and range from fines of $250 to $2,000 for a first offense of knowingly hiring an illegal immigrant, and $100 to $1,000 for paperwork errors.

Companies don't have to submit the forms to the government but are required to have an I-9 available for inspection for every employee hired after November 1986. The company officials must also certify that supporting identity documents presented by their employee ''appear to be genuine."

On the I-9 form, an employee's Social Security card is only required when a company participates in the government's voluntary E-Verify program. This pilot program allows employers to electronically check the card's number against Social Security Administration and immigration databases.

'It's just housekeeping' ''We realize employers aren't forensic document examiners," said Bentley, the USCIS spokesman. ''Their responsibility is to look and make their best estimate as to whether a person is authorized to work, and

E-Verify takes that process a step further."

In October, a federal judge blocked new Department of Homeland Security regulations that would force employers to fire an estimated 8 million workers whose names did not match their Social Security numbers. Labor unions and business groups sued to stop the ''No Match" rules, citing liability to businesses and hardship to workers who couldn't correct errors in Social Security in time to avoid dismissal.

Elaine Morley, a Houston immigration attorney, said the new I-9 form will not make a ''material difference" in efforts to reduce unlawful employment since the government has long advised against using the five excluded documents.

''It's just housekeeping by the federal government," said Morley, who is chief executive officer of Lookout Services Inc., which has sold software systems for I-9 management and

E-Verify checks to more than 4,000 companies.

However, Morley says the government is planning to propose regulations that will further exclude allowable identity documents and predicts a firestorm of criticism and court challenges.

''They're touting that they're going to make significant changes to documents that are available, but in my opinion they don't have a lot of wiggle room in the documents they can remove," said Morley.

But she's not complaining about any changes.

''Every piece of legislation has proposed changes to greatly increase these penalties as a deterrent," she said. ''The phone rings off the hook every time they start talking about increasing enforcement and increasing fines. It's scaring people."

james.pinkerton@chron.com

[mort56]

The I-9 form is the biggest joke in the world. It is only busy work for employers and is completely useless because no one and I mean not one single soul in the Federal government is concerned with them. The only people who ever got into trouble with I-9 enforcement were the employers.

[KarlInOhio]

Elaine Morley, a Houston immigration attorney, said the new I-9 form will not make a ''material difference" in efforts to reduce unlawful employment since the government has long advised against using the five excluded documents.

I don't remember any advisory against using those documents on the old I-9, but it has been a while since I looked at one. In general you couldn't question the documents unless they were very obvious forgeries (beyond Dan Rather's Texas Air National Guard memos even).

[boomop1]

Form’s We don’t need no stinking Form’s

[EagleUSA]

Oh, don’t strain yourself boys. Nobody is kidding anyone here, or with any other token “border protection” BULL DUNG.

[Bibman]

Well, I live and work in Houston, and I just got home after a rain out and look what I first see on my home page.
I work dirt. Have been for over thirty years.
Just got told I was not needed anymore.
One BIG reason is illegal immigration.
Why pay me $16 when he can pay a illegal $10.
I didn’t even get paid before Christmas,
because there was a mixup with my check.
But all the illegals GOT theirs!
We got paid 1099, that way they can get around the I-9.
If your white and work construction, the illegals call you racist and a redneck. Dump truck drivers got the hate out for you and they stick together like salsa on a chip!
DOT would have a field day if they hung around
BW8 & I-10 Katy.
Think I can get some help? Hell NO!
EEOC won’t help a veteran.
It’s a right to work state.

Don’t get paid before Christmas,
then get let go the day after.
Could be worse. Could be kidnapped by a coyote.
A friend of mine was one of the detectives that was on TV and in the paper.
He’s helping the illegals, legally get their son back,
so they can take another job from an AMERICAN.

Is that a kick in the teeth or what?

[ARE SOLE]

Hang in there bro, there are a lot like you and this will not stand forever. There will be a backlash. Good luck in the New Year,

Regards

[Kevmo]

Interesting that they express faith in a piece of paperwork, when no other paper approach has worked so far. Build the fence.

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According to Intrade, the winner of the December 12th GOP debate was... Duncan Hunter.
http://www.freerepublic.com/focus/f-news/1938773/posts

Why the smart money is on Duncan Hunter
http://www.freerepublic.com/focus/f-news/1926032/posts

In this poll Hunter is up 3% and even with Paul and Thompson.
http://www.wxyz.com/news/local/story.aspx?content_id=3481ef60-8195-46a9-af04-b87b907bcfdd

[freekitty]

I knew something had to be screwy with the form if WalMart has had no problems. Either they aren’t using it or it is going in file 13 at the government.

GW just needs to build that fence and send them back home.

[freekitty]

I shutter to think what is going to happen come election time and these illegals are still here. Is this going to be GS’s present to corrupt Mexico. Here’s the US; all neatly wrapped and packaged up.

[freekitty]

Yep, hang in there. We are behind you especially here in Houston. We are going to break that tradition of hand downs of the mayorships next election.

[glmjr]

I would rather vote for a Democrat than that....more government involvment...amnesty pushing... foreign affairs ignorant...Bush bashing....high taxing....parole giving...credential lying.....preacher hick from Arkansas. That's about it (sure I missed something)

Minute Men of America
 Stand Up

 

I always thought our group stood for stopping illegal immigration.  I also thought  that we, The Minute Me, wanted a permanent security fence along our southern border.  It is now clear to me that our leaders are either asleep or have given up on our cause to save America from becoming a third world nation.

"When I am president, I will build a fence."

 

Did you know .....Fred Thompson in a speech in Iowa on the 21st. of Dec. declared  "When I am president, I will build a fence."  He went further on to say...Amnesty and illegal immigration, he said, are not healthy for the U.S. or Mexico. "We need to be a nation of high fences and wide gates."

Is this not what we want?
Where are our leaders?
Why aren't there Minute Men  TV spots endorsing  Fred Thompson?  

If we fail we may very well have a Democrat or a liberal Republican elected, who will then push an amnesty bill through congress. 

Call your Minute Men Headquarters today and give them your opinion.

 

[freekitty]

Thanks; but I am a Duncan Hunter supporter.

[AmericanInTokyo]

No thank you. This household is for DUNCAN HUNTER.

[AmericanInTokyo]

Interesting "posting history".

Would you quit SPAMMING Free Republic with your cut and paste mass-mail boilerplate messages?