Immigration Enforcement

DHS Napolitano weakens 287g program…Sheriff Joe Arpaio defiant

Last week, the Department of Homeland Security announced major changes to the 287g program which helps local law enforcement identify illegal alien arrestees, and begins the deportation process. The program has been extremely popular with communities inundated with illegal aliens.

Unfortunately, we see far too many instances of illegal aliens repeatedly committing crimes such as drunk driving and child molestation, before they are taken of the streets.

Since 2006, more than 1,000 law-enforcement officers have been trained and certified by the federal program. Currently, 77 local police departments participate in 287(g). Both Virginia and North Carolina lead the country in the number of local departments participating.

The program allows police to investigate a suspect’s immigration status after an arrest had been made for any offense. Under the new guidelines, police will only be allowed to do so in cases where a serious crime has been committed.

John Morton, Assistant Secretary of U.S. Immigration and Customs Enforcement said: “In a world of limited resources, our view is that we need to focus first and foremost on people committing crimes in our community who should not be here.”

Despite the newly watered-down regulations, Maricopa County Sheriff Joe Arpaio told reporters: “If I’m told not to enforce immigration law except if the alien is a violent criminal, my answer to that is we are still going to do the same thing, 287g or not. We have been very successful.”

Under Sheriff Arpaio, his department has either identified in jail or arrested more than 30,000 illegal aliens in and around Phoenix, AZ .

In fact, it is that success which many believe has prompted Attorney General Eric Holder to open an investigation of Sheriff Arpaio, focusing mainly on so-called ‘racial-profiling.’ Of course, Obama was elected in great measure due to strong support among Latinos, and Arpaio’s removal of over 30,000 mostly Mexican illegal aliens has angered the Latino community.

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July 15, 2009 Posted by | Uncategorized | , , , , , , | Leave a comment

Employer use of federal E-Verify program on the rise

By William M. Welch, USA TODAY
LOS ANGELES — Construction company CEO David Dominguez no longer worries about inadvertently hiring workers who are in this country illegally. That’s because he uses E-Verify, the federal program that allows him to quickly check the legal status of potential employees.

Dominguez, who builds residential interiors in Arizona and California, said that as word gets around about the program, job applicants without legal status avoid businesses such as his, Andrew Lauren Co., which use E-Verify.

“The system works,” Dominguez said. His San Diego-based company has been using E-Verify for several years in hiring office workers and laborers.

The voluntary federal program has seen a rapid growth in use this year, Department of Homeland Security records show. More than 1,000 employers are signing up each week on average, and employment checks are approaching 200,000 a week.

Use rises each year

“If the goal is not to hire illegal citizens, then you should have it,” Dominguez said.

Halfway through this year 5.5 million worker checks have been made by employers through the E-Verify online service. In 2008, 6.6 million checks were made, twice the number in 2007.

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June 24, 2009 Posted by | Uncategorized | , , | 2 Comments

Tyson Foods Using E-Verify

The corporate team at Tyson Foods took a recent plant tour as an opportunity to communicate their hiring practices. The company employs more than 100,000 people with more than $26 billion in sales. With the recent string of Immigration and Customs Enforcement raids at poultry packing plants, Tyson said it employs only documented workers.

“Tyson does not employ unauthorized workers,” Cathy Johnson, vice-president of employment compliance, told The Courier in Russellville, Ark.

“Every single person that we employ, their information is entered into the Department of Homeland Security’s E-Verify program,” she added. “That allows us to ensure that everybody that we employ is employment authorized.”

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November 13, 2008 Posted by | Uncategorized | , , , , | Leave a comment

DHS to Revive No-Match Regulations

Department of Homeland Security (DHS) Secretary Michael Chertoff announced on October 23rd that the Administration will ask a federal judge to lift a stay on new federal no-match regulations, a move that has angered both the U.S. Chamber of Commerce and the American Civil Liberties Union (ACLU). If DHS is successful in reviving the regulation, the government could begin mailing no-match notices to an estimated 140,000 employers regarding suspect Social Security numbers and immigration documents. (The Washington Post, October 24, 2008)

The No-Match Regulation, which was finalized in September 2007, provides a “safe harbor” protocol for employers who receive a no-match letter. Sent by either the Social Security Administration (SSA) or DHS, these letters notify employers that there is a discrepancy with the information provided by the employer on an employee’s I-9 form. Under the regulation, an employer who receives a no-match letter:

  • Has 30 days to check the appropriate records and determine if the discrepancy was caused by a clerical error, correct the error with SSA, and verify that the corrected name and Social Security number match SSA’s records;
  • Must contact the local DHS office in accordance with instructions included in the letter to resolve discrepancies in the stated immigration status of the employee, if the letter was sent by DHS;
  • Must attempt to re-verify the worker’s employment eligibility by completing a new I-9 employment verification form, if the discrepancy cannot be resolved with either SSA or DHS within 90 days of receipt of a no-match letter.

Additionally, if the employer cannot verify the employee’s work eligibility through completion of a new I-9 form, the employer may terminate the employee. If the employee is retained, the employer could be determined to have constructive knowledge that they are continuing the employment of an illegal alien. (See, Safe-Harbor Procedures for Employers Who Receive a No-Match Letter, ICEB-2006-0004-0001, June 14, 2006)

The regulation was stayed by U.S. District Court Judge Charles Breyer after a suit was brought against it by the U.S. Chamber of Commerce, the American Civil Liberties Union and the AFL-CIO. In March 2008, DHS responded to the court’s concerns by publishing a supplemental Proposed Rule that included a more detailed analysis of how the Department developed the regulation and an economic analysis of the rule. (See, Small Entity Impact Analysis: Supplemental Proposed Rule “Safe- Harbor Procedures for Employers Who Receive a No- Match Letter, ICEB-2006-0004)

In response to Chertoff’s announcement, Randel K. Johnson, a vice president of the U.S. Chamber of Commerce, told the Washington Post, “We are looking at our litigation options,” (The Washington Post, October 24, 2008)

Chertoff commented on the Supplemental Rule finalized October 23rd: “The additional information in this supplemental rule addresses the specific items raised by the Court, and we expect to be able to quickly implement it. The No-Match Rule, along with E-Verify, will increasingly make the pleas of ignorance from businesses that seek to exploit illegal labor ring hollow, and equip their responsible competitors with the tools they need to hire and maintain a legal workforce.” (Media Newswire, October 23, 2008)

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October 27, 2008 Posted by | Uncategorized | , , | Leave a comment

DHS Touts Workforce Verification

by Mickey McCarter
Wednesday, 10 September 2008
ICE, USCIS showcase voluntary employee checks

The US Department of Homeland Security (DHS) has been improving its employment verification application, which already instantly clears most employees checked against it, by focusing on specific populations who have been experiencing problems with mismatched names and social security numbers in the system, DHS officials said in a press conference Tuesday.

For example, audits of the E-Verify system demonstrate improved rates after DHS addressed problems verifying naturalized US citizens, reported Gerri Ratliff, a deputy associate director at US Citizenship and Immigration Services (USCIS).

“We want to be able to instantly verify them,” Ratliff said. “As of May, we can do that in most instances as a result of adding the naturalization database information from USCIS databases. We continue to work to analyze pockets of folks who disproportionately we cannot verify but they can then take steps and show they are authorized to work.”

According to an analysis by research firm Westat, automatic verification of an individual’s work authorization status occurs 94.2 percent of the time with E-Verify. Of the remainder, 0.5 percent of those with an initial mismatch resolve it successfully, leaving 5.3 percent as unauthorized workers.

“By the way, 90 percent of mismatches are folks who choose not to contest their mismatch. So really, the system works,” Ratliff declared.

Ratliff discussed the statistics at a roundtable in Arlington, Va., held to highlight the Immigration and Customs Enforcement (ICE) Mutual Agreement Between Government and Employers (IMAGE) program, an effort to encourage companies to solicit an employee audit through ICE and to promote hiring authorized workers.

ICE Assistant Secretary Julie Myers announced Tuesday that IMAGE had grown to include 46 members, including companies such as General Dynamics, Taser, and Smithfield Foods. IMAGE provides a means for companies to proactively engage ICE to make certain they have a legal workforce.

“With Smithfield, for example, they approached us,” Myers explained. “We had no investigation with them at all; we knew nothing about any problems at their plants. We were able to work with them to ensure that we weren’t going to make any unannounced visits to their facilities. That’s the kind of thing that Smithfield finds is a real benefit. It’s also a benefit for us to have companies come forward so that we can work cooperatively with them to determine whether or not they have problems with their workforce and how to resolve them.”

Companies that have a clean history of hiring only authorized workers can become full members of IMAGE, while companies that have experienced problems can become associate members as a means of working toward a fully legal workforce, Myers added. She reported hearing stories of some companies turning to IMAGE-certified staffing firms to make certain they did not hire illegal immigrants.

All IMAGE companies agree to use E-Verify to authenticate the status of their employees.


Mickey McCarter
About the author:
eNewsletter Editor/Senior Washington Correspondent, is a journalist with more than a decade of experience in reporting on military affairs and information technology.
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September 11, 2008 Posted by | Uncategorized | , , , , , , , , | Leave a comment

Suffern, New York introduces new measure to require E-Verify

By Suzan Clarke • The Journal News • August 15, 2008

SUFFERN – The village now requires that any new contractors with the village subscribe to a federal database and verify every new employee’s eligibility to work.

The program, known as E-Verify, is an Internet-based system that verifies the eligibility of new hires. It is free and is the result of a partnership between the Department of Homeland Security and the Social Security Administration. E-Verify is administered by the U.S. Citizenship and Immigration Services.

Mayor John Keegan said the three trustees present at Monday’s meeting unanimously approved the measure he proposed. He and Trustee Jack Meehan were absent.

“This is something that we want to do to protect the village and also we urge all retailers in Suffern to go into this program for their own benefit,” he said.

“It kind of protects the employee as well as, I guess, customers. I know if I have people working on my house I want to have an idea that I don’t have somebody just lying about their ID or address. … This might have helped prevent the Nagle murder over in New City,” Keegan added. “I don’t know, but it’s possible that if this employee who murdered that lady was processed, maybe he would have been weeded out.”

Keegan was referring to the April 29, 2005, rape, stabbing and murder of Mary Nagle by Ronald Douglas Herrera Castellanos, an illegal immigrant who was working for a contractor hired to powerwash the family’s deck that day.

The killing prompted fierce calls for increased local legislation to verify the identity of contractors’ employees.

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August 15, 2008 Posted by | Uncategorized | , , , , , , , , | Leave a comment

E-Verify Reauthorization Stalled With Time Running Out

Congressional efforts to reauthorize E-Verify, the electronic work authorization verification program, have stalled despite bipartisan efforts of many Members to bring a bill to the floor. The program, vital to combating the unlawful employment of illegal aliens, will expire in November if legislation to reauthorize the bill does not pass both the House and Senate before the fall recess. In March, Representative Ken Calvert (R-CA), along with sixteen cosponsors, introduced H.R.5596, which would extend the E-Verify program for a ten-year period. Plans to bring the bill to the floor were halted earlier this month when Representative Sam Johnson (R-TX) insisted that language be added to the bill that could jeopardize future funding of the operation of the program. In short, Rep. Johnson’s language would prohibit the Social Security Administration (SSA) from ever spending any of its own funds to implement the program. Since the program is a joint effort of the Department of Homeland Security (DHS) and SSA, this means that if DHS ever fails to enter into a reimbursement agreement with SSA, the SSA database could not be used to verify an employee’s legal work status.

Multiple Hill sources inform FAIR that efforts are underway to get a clean reauthorization bill to the House floor—i.e. the original Calvert bill without the Johnson language.  With E-Verify set to expire in November and the month-long August recess just around the corner, lawmakers are running out of time to reauthorize this important program.

Since its inception in 1996, the electronic verification program has proven to be an effective and useful tool in protecting legal workers and the individuals who hire them. In fact, in the last few years the number of employers registered for E-Verify has risen to over 75,000, and DHS recently reported that over 1,000 new employers are registering each week. (Testimony of Secretary Michael Chertoff, July 17, 2008)

In fact, support for E-Verify has grown so significantly that President Bush last month issued an executive order requiring all federal contractors to use the program for new and existing hires. (White House Press Release, June 9, 2008) Following the announcement, DHS Secretary Michael Chertoff said, “A large part of our success in enforcing the nation’s immigration laws hinges on equipping employers with the tools to determine quickly and effectively if a worker is legal or illegal. E-Verify is a proven tool that helps employers immediately verify the legal working status for all new hires.” (DHS Press Release, June 9, 2008)

In addition to federal contractors, eleven states have also enacted laws encouraging or requiring use of E-Verify for state contractors, state employees, and, in some cases, for all employees. (National Conference of State Legislatures, May 5, 2008) States included are Arizona, Colorado, Georgia, Idaho, Minnesota, Mississippi, North Carolina, Oklahoma, Rhode Island, Utah, and, most recently, South Carolina. (Id.) Following a contentious battle in the South Carolina State Legislature, Governor Mark Sanford praised his state’s adoption of legislation that requires all employers to use E-Verify: “We’ve said from day one that while we’re a nation of immigrants, we’re also a nation of laws – and that South Carolina shouldn’t be in the business of sanctioning illegal activity with a wink and a nod.” (Sanford Press Release, June 4, 2008)

Stay tuned for more information on legislative efforts to re-authorize E-Verify.

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July 21, 2008 Posted by | Uncategorized | , , , | Leave a comment

N.C. bill considers new, tighter worker verification

Jordan SchraderJSchrade@CITIZEN-TIMES.com • published June 9, 2008 12:15 am

RALEIGH – An instant screening in a Department of Homeland Security database would follow every job interview in North Carolina if a proposal by state legislators becomes law, with violators losing their business licenses.

The bill in Raleigh follows U.S. Rep. Heath Shuler’s lead in Washington. A key ingredient of the Waynesville Democrat’s immigration plan is a mandate for employers to use the E-Verify program.

Conversations with Shuler’s office led Rep. Charles Thomas, R-Buncombe, and Sen. John Snow, D-Cherokee, to pitch the same idea in the General Assembly.

Today, employers must hire only workers with legal residency, but E-Verify is a voluntary program for all except state agencies.

“We haven’t been enforcing our immigration laws for I don’t know how long, or we wouldn’t be in this mess that we’re in,” Snow said.

Nationwide, about 2.5 million new hires received an E-Verify screening in the second half of 2007. Homeland Security says 13 states require use of the database for some or all jobs, including North Carolina for state workers.

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June 9, 2008 Posted by | Uncategorized | , , , | Leave a comment