DHS Cracks Down on Employers of Illegal Immigrants
On August 10, the Department of Homeland Security (DHS) issued a regulation
that outlines the specific steps an employer should take if that employer
receives a "no-match" letter from the Social Security Administration
informing the employer that there is an employee whose name and Social
Security number do not match government records, and is therefore not
authorized to work in the United States.
According to an announcement made by DHS secretary Michael Chertoff,
the Employment Eligibility Verification System is a voluntary program
that allows employers to check the work status of their employees online,
using a computer-based tool. The tool, which DHS is aiming to expand under
the name E-Verify, tells employers whether the particular document matches
the Social Security number and whether both of those are genuine when
compared to these databases. If a discrepancy exists, a "no-match"
letter will be sent to the employer.
Within 30 days of getting a no-match letter, the business will be required
to check their records to make sure the discrepancy isn't an administrative
error, and the employee must be asked to confirm the accuracy of the information.
If the problem cannot be resolved within 90 days, and the employee has
no evidence that they are authorized to work in the United States, the
company must terminate the employee.
Receiving a no-match letter puts the company on notice that there is
a discrepancy or a problem with the records pertaining to a particular
employee, according to the announcement from Chertoff. If the employer
does not work to resolve the problem, they may be held liable for employing
an unauthorized worker and could face stiff penalties.
"Ultimately," said Chertoff in a press statement, "these
guidelines will make it more difficult for illegal aliens to use a fraudulent
Social Security number to get a job, and it will help employers take appropriate
action to protect themselves."
HERE to read safe harbor procedures for employers who receive a no-match
HERE to read remarks on the no-match letter made by DHS secretary
Michael Chertoff and Commerce Secretary Gutierrez at a press conference.
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