Thursday, November 5, 2009

South Carolina Mini E-Verify Law Enforcement to Provide Inspection Notice

South Carolina Mini E-Verify Law Revised Enforcement Procedures
The South Carolina Department of Labor, Licensing and Regulation (LLR) has revised its enforcement procedures in connection with the private employment provisions of the South Carolina Illegal Immigration Reform Act of 2008, in response to business’ concerns over disruptions to daily operations by unannounced site visits, requests for documents including I-9 forms and requests to interview employees.

Advance Notice of Inspections. Like federal inspections of employer I-9 forms, LLR is now providing several days notice prior to conducting an audit. This advance notice gives employers the opportunity to make administrative arrangements ahead of time to minimize disruption to business operations and promotes efficiency in the process by giving employers the time to make relevant documents available for inspection.

No Inspection of I-9 Documents. In compliance with federal regulations pertaining to employment eligibility verification, LLR is no longer requesting to inspect I-9 forms and supporting documentation.

New Compliance Affirmation Form. In lieu of certain investigation practices, LLR has implemented a new “Affirmation of Legal Work Status” form to be signed by employers or their authorized representatives affirming that the employer is not knowingly or intentionally employing an unauthorized alien.

DHS/ICE enforcement of I-9 and employer sanctions laws now targets employers through on-site investigations and administrative or "desktop" audits. 

Employer failure to verify employment eligibility and properly complete and retain I-9 Forms subjects the company to stiff criminal and civil liabilities, including imprisonment, asset forfeiture, and treble damages in RICO (Racketeer Influenced and Corrupt Organization) lawsuits by competitors. Executives, officers, managers, supervisors and key employees, as well as accountants are personally liable for civil and criminal penalties for I-9 related errors and unlawful employment eligibility verification (EEV) practices.

I-9 compliance (and E-verify for registered employers, now including FAR federal contractors) require that employers verify all workers’ employment eligibility, or work authorization. Persons not authorized for employment, whether documented foreign nationals (or "illegal immigrants") generally do not have work authorization. The I-9 laws and the employment eligibility verification process restrict employment of illegal or undocumented immigrants and employment of persons who are not "employment authorized".

Employer liability extends to circumstantial evidence and “constructive knowledge”.
  It is unlawful to knowingly hire or continue to employ unauthorized workers. This I-9 process mandates accurate and timely completion of the Form I-9 by all U.S. employers and their employees.
"Knowingly hire" includes "constructive knowledge". The requisite employer's knowledge may be constructive knowledge when it may be fairly inferred through notice of certain facts which through exercise of reasonable care would lead a person to know about; or the employer deliberately fails to investigate such facts.
Employer constructive knowledge extends to its subcontractors' and independent contractors' I-9 compliance.

Goulder Immigration Law Firm assists employers with Form I-9 consulting, including I-9 and employer sanctions compliance training, developing a company I-9 and employer sanctions compliance manual, and employment eligibility compliance auditing services.  Written I-9 compliance policies and a Form I-9 and employer sanctions law internal audit will help protect employers from government fines and criminal penalties and help ensure that all I-9 Forms comply with I-9 and employer sanctions laws. 

1 comment:

Brittanicus said...

The politicians are irreversible committed now to the E-Verify system of verifying legal workers. Sen. Harry Reid and his cronies may have--ONLY--authorized it for only 3 years, but they will have all hell to pay, if the originally tried to kill it.. They have managed to soften 287 G, the arrest and detain mechanism, given to regular police to fight illegal immigration. The same situation is in slowing ICE from expanding their duties, by executing lightening raids on suspicious businesses that are using large amounts of foreign labor. But right now the feds are building on E-Verify with great success, no matter what the open border opponents say? Another key component of Illegal immigration enforcement is knowing when tourists leave the country? Plans are being finalized to implement a data base of eye and fingerprint scans, when a person leaves the airport for departure.

I am sure with this coupled with entry customs inspection the Department of Homeland Security (DHS) will be able to detect visa over-stays? Along with further cultivation of E-Verify the US will have a much strengthened prevention against illegal immigrants. Very soon the mainstream of the American population will be confronted with this new Comprehension Immigration Reform. This should not be left for either the Democratic leadership or the minority Republicans to decide? We can no longer trust either party, to carry out the wishes of all of us. My thought would be a national referendum, but even though we are a Democracy we are over and over again--cheated by our legislators, who are in deep collusion with business organizations and the open-border entities? Those of us, who have a high respect for what citizenship means, should blast--ALL--Senators and Representatives and call 202-224-3121.


Have our lawmakers had any comprehension of the dire predicament of not only the government welfare programs? Have they any conceivable idea of low income job loss to the American worker? Have Politicians even taken into consideration what is expected of the middle class taxpayers? Are Lawmakers not disturbed with OVERPOPULATION by 2050, according to the Census Bureau that will bring upon us all serious shortage of drinking water, energy and oil? Now learn about the corruption at state and federal level from JUDICIAL WATCH. Then read NUMBERSUSA to see the immigration enforcement gradings of our politicians, and then take back you vote. Finally see details of the forthcoming overpopulation at CAPSWEB. Only the American people should decide the future of America? Not the special interest lobbyists, not the open border groups, nor the legislators who have completely ignored--THE PEOPLE'S--wishes for far too long?