Saturday, January 16, 2010

Social Security Administration Fails to Use E-Verify in Violation of Law

And now for something entirely different…


The Social Security Administration (SSA) operates the E-Verify system with the Department of Homeland Security (DHS).  The SSA is required by law to use E-Verify. (As are certain federal contractors pursuant to the FAR E-Verify Regulations.)


This month the SSA Inspector General released a report stating the SSA failed to use E-Verify for 20% of their new hires.  Perhaps an even more devastating concern I that the SSA improperly ran checks on 169 volunteers and individuals who had not yet been hired; a plain violation of the law and a fundamental condition of participation in the E-Verify program.  Furthermore, the report states the SSA also violated E-Verify rules with respect to the timing of its verifications 49 percent of the time.


Heads need to roll.  Jobs need to be lost.  Bureaucratic incompetence by the SSA, which is a fundamental component of the E-Verify database, is horrific indictment of the critical and highly important E-Verify program.


Certain federal contractors are required to participate in E-Verify.  These contractors would be sanctioned for the kind of violations of law evidenced by the SSA.


Private employers who violate I-9 employment eligibility verification procedures are subject to criminal and civil liability.  Private employers are responsible for training their I-9 managers.


It is absurd for ICE to prosecute private employers for violating E-Verify and I-9 employment eligibility verification requirements but allow federal government and SSA supervisors and managers to skate.

DHS/ICE enforcement of I-9 and employer sanctions laws 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 I-9 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. 

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.  The web's most authoritative source for Form I-9 compliance information is www.I-9employmenteligibility.com

Gerald Goulder is a North Carolina immigration lawyer who practices exclusively immigration law for North Carolina clients and for clients throughout the United States, and the world.  Immigration law is a federal law practice not limited attorneys in a particular state. Contact Gerald Goulder through his authoritative website www.gouldervisa.com or by calling toll free 1-866-US VISAS.

2 comments:

Brittanicus said...

This unsustainable greed cannot last much longer as wages fall and benefits are extinguished by the ruthless use of illegal labor. E-Verify, the local police 287 (g) with the power to arrest, didn't exist prior to President Bush introduction to the job market. From its inception E-Verify to stem illegal aliens from stealing jobs from millions of legitimized workers as part of the progressive SAVE ACT. Free trade under the NAFTA treaty became an abomination, as it deposed indigenous farmers from their income lands South of the border, thanks to US agricultural corporations. They needed to feed their families, so in their desperation they came looking for work in the United States. This catch 22 situation has appropriated lands in Mexico for US agricultural interests, at the same time forcing millions striving to reach this nation. As the Obama administration considers CIR, the numbers of illegal immigrants will rise in apportionment to the new AMNESTY law being to be enacted.

Border States, specifically as CALIFORNIA--a known sanctuary state, is falling apart financially and with no end in sight. Arizona and Texas, must be suffering as any state now, compromised financially by the illegal immigrant occupation? E-Verify continues to contribute to immigration enforcement with a more rational emphasis on identifying foreign workers. It should not be construed as perfect, but it is progressively making headway in removing illegal labor. It's become a paramount issue because years of neglect by previous administrations, but now--REAL--enforcement is watched carefully by bloggers and non-pandering press. Building on it's original concept with new tools has added a much stronger and opponents can no longer denies it works? But any enforcement program that is working is normally easy prey for certain corrupt politicians and the open border organizations. E-Verify, a composite of the SAVE ACT--can only get better--that's if its meant to really succeed? New innovations such as the ID picture comparison program will assist employers in the future. Just like any computer fed application that goes through many debugging versions, until the final cut, E-Verify can only do better as it matures.

It might seem meaningless now, but if the rush to the border comes, as its been said by bloggers' like me and even the press, whom normally have their fingers in their ears. That--NOTHING--will--STOP--the onslaught. The US Border Patrol needs to be enforced with the National Guard, because the numbers who try to force a way into America will overwhelm even the imagination? OUR COUNTRY HAS BEEN CRIPPLED BY ILLEGAL IMMIGRATION AND WILL CONTINUE TOO, BECAUSE OF POOR ENFORCEMENT. THE NUMBERS OF 12 TO 13 MILLION ALREADY HERE, DOESN'T ADD UP?

Those who have urged President Obama to enact this nonsensical AMNESTY, will be out-of-office, in the 2010 election year. Sen.Harry Reid (D-NV) leading the pack of wolves, will be the first to end up on the political funeral pyre. Those who come here from South of border and the very tip of South America, will enter with contagious diseases, criminal records and may be even terrorists. Those who slip across the Canadian border or through lengthy tourist lines at airport terminals could also be carriers of many viruses, not seen in America for fifty years.

Brittanicus said...

This is not about racism in regards to stopping illegal immigration, unless a large majority of Americans are considered to be? This about billions of dollars being drained from American taxpayers, about billions for education, health care, the prison system and hidden government entitlements. It's about "THE Rule of LAW" and each administration that refuses to address Immigration Enforcement and allows illegal workers, criminals and even terrorist breaking into a sovereign country. Now they are trying to brain wash us with another--AMNESTY--which we cannot allow to happen? It will be the harbinger of unsustainable population growth according to the US Census Bureau. Don't take my word: GOOGLE ILLEGAL IMMIGRATION, COSTS. & OTHER STATISTICS. MORE INFORMATION ABOUT CORRUPTION AND THE AGENDA OF OPEN BORDER ORGANIZATIONS AT NUMBERSUSA & JUDICIAL WATCH. CALL YOUR SENATOR AND CONGRESSMAN AT 202-224-3121. SAY NO TO AMNESTY! SAY YES TO E-VERIFY & POLICE ARREST 287 (G). SAY ICE RAIDS. SAY YES TO THE SAVE ACT. SAY NO TO OVERPOPULATION. If you are against illegal immigration, we too must bombard WASHINGTON with a 28 cent postcard. There are more patriotic Americans and legal residents than illegal foreign nationals, sponging off taxpayers who will pour into our nation by the millions Just before AMNESTY is signed into law.