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I-9 Employment Eligibility
Verification &
Antidiscrimination Protections |
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Background
Information |
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Proving Work Authorization
(Currently being updated) |
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Classes of Immigrants
Authorized to Work in the U.S. (Currently being
updated) |
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CHART:
Federal Employment Discrimination Laws (Currently
being updated) |
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Filing an Employment Discrimination
Charge: A Do-It-Yourself Packet for Immigration Workers (PDF)
(Currently being updated) |
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Look at the Facts, Not at the Faces:
Your Guide to Fair Employment (Office of Special Counsel for
Immigration-Related Unfair Employment Practices, Civil Rights Division,
U.S. Dept. of Justice) |
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You Have the Right to Work; Don't
Let Anyone Take It Away: Real Life Stories That Can Help You
(Office of Special Counsel for Immigration-Related Unfair Employment
Practices, Civil Rights Division, U.S. Dept. of Justice) |
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Basic Pilot/E-Verify &
Electronic Employment Eligibility Verification |
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CONTENTS |
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BACKGROUND
MATERIALS |
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National
Immigration Law Center |
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The History of Basic Pilot/E-Verify (10/08) |
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Facts About Basic
Pilot/E-Verify (10/08) |
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Basic Information Brief:
DHS Basic Pilot/E-Verify Program (HTML
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PDF) (revised
3/08) |
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Basic Pilot/E-Verify Reality Check:
Businesses Challenge DHS's Claims.
A Dept. of Homeland Security official described using
E-Verify as "a bit less burdensome than ordering books for the first
time from Amazon.com." But that's not what U.S. businesses report. (10/08) |
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Electronic Employment Verification
Systems: More Harm than Good (by NILC's Tyler Moran, from the
Jan.-Feb. 2008 issue of
Clearinghouse Review). The existing Basic Pilot/E-Verify
program, which is an EEVS, is compromised by database inaccuracies,
employer misuse, technology limitations, privacy lapses, and
discrimination against workers. Advocates should be aware of both
the harmful aspects of federal, state, and local legislation mandating
the use of EEVS and appropriate legal and advocacy responses. |
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Basic Pilot / E-Verify: Not a
Magic Bullet. "If the program
were to be significantly expanded without its current flaws first being
addressed and corrected, workers and employers alike would be impacted
adversely. If such an expansion were to be implemented outside the
context of a comprehensive program to legalize the status of currently
unauthorized workers, it would cause certain businesses and industries
to move into the unregulated underground cash economy." (Revised 1/08) |
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How Errors in Basic Pilot/E-Verify
Databases Impact U.S. Citizens and Lawfully Present Immigrants (4/08) |
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What Are Businesses Saying about
Proposals to Make Basic Pilot/E-Verify Mandatory? (6/08) |
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What Are Faith-based Advocates
Saying about a Mandatory Basic Pilot/E-Verify? (5/08; posted
7/7/08) |
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Photo Screening Tool for Employment
Eligibility Verification Likely to Increase Discrimination (IMMIGRANTS'
RIGHTS
UPDATE, 4/25/07) |
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Department
of Homeland Security (DHS) /
U.S. Immigration and Citizenship Services (USCIS) |
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Basic Employment Verification Pilot:
Memorandum of Understanding (USCIS) |
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E-Verify User Manual: For General
Users, Program Administrators and Designated Agents (USCIS,
4/08) |
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E-Verify: A Dept. of Homeland
Security Fact Sheet, 8/9/07. "E-Verify is a re-branding
of its predecessor, the Basic Pilot/Employment Eligibility Verification
Program . . . . The Basic Pilot is being re-branded to highlight key
enhancements in the program, including a new photo screening tool that
helps employers to detect forged or faked immigration documents." For more information and
context, see "Administration Announces Harsh New Immigration
Measures," 8/10/07. |
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MATERIALS FOR WORKERS AND WORKER ADVOCATES |
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Know Your Rights about Basic
Pilot/E-Verify. Because the government
databases upon which Basic Pilot/E-Verify relies contain errors that may
affect you and many employers do not follow program rules, it is
important that you know what your rights are. (5/8/08) |
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Model Union Contract Language
(Currently being prepared) |
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You Should Know Your Rights
and Responsibilities under E-Verify (USCIS)
English |
Chinese |
Haitian Creole |
French |
Korean
Russian |
Spanish |
Tagalog |
Vietnamese
(English & Spanish: revision date 1/18/08; all others: rev. date 2/25/08)
(See also USCIS's "E-Verify
> For Employees" webpage.) |
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Basic Employment Verification Pilot:
Notice to Employee of Tentative Nonconfirmation |
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Filing an Employment Discrimination
Charge: A Do-It-Yourself Packet for Immigration Workers (This
item is posted under "I-9
Employment Eligibility Verification & Antidiscrimination Protections,"
above.) |
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STATE & LOCAL LEGISLATION & LITIGATION |
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See the
State & Local: Legislation, Litigation, and Resources
page. |
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FEDERAL LEGISLATION, LAW, AND POLICY |
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Analysis of Federal Legislation and Policy |
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NILC Statement upon House Reauthorization of Basic Pilot/E-Verify for Five More
Years (7/31/08) |
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Amended Executive Order
12989
(REQUIRING FEDERAL CONTRACTORS TO USE BASIC
PILOT/E-VERIFY) |
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SUMMARY OF FINAL RULE: “Federal
Acquisition Regulation; FAR Case 2007-013, Employment
Eligibility Verification”
(12/08) |
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Not Ready for Prime Time and Not a Magic Bullet: New Executive
Order and Proposed Rule Require Federal Contractors to Use Basic
Pilot/E-Verify (7/15/08) |
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NILC STATEMENT:
President Issues Executive Order Mandating That Federal
Contractors Use Controversial and Error-Prone Basic
Pilot/E-Verify (7/15/08) |
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FINAL RULE:
Federal Acquisition
Regulation; FAR Case 2007–013, Employment Eligibility
Verification, 73 FR 67651-705 (Nov. 14, 2008). |
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Federal Contractors Required
to Use E-Verify System (USCIS, 11/13/08)
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FAQ: Federal Contractors and
E-Verify (USCIS, 11/13/08) |
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Executive Order
(6/9/08) |
Proposed Rule
(6/12/08) |
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NILC comments on proposed
rule, submitted 8/11/08 |
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E-Verify Will Soon Be
Required for Federal Contractors (Greenberg Traurig,
LLP, Immigration Alert, 6/08). |
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"California
Food Industry Fears Impact of Bush's Worker ID Order,"
by Susan Ferriss, Sacramento Bee, 7/26/08. |
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Administration
Announces Harsh New Immigration Measures (article) and
List of announced measures:
"Improving Border Security and Immigration Within Existing Law"
(Depts. of Homeland Security & Commerce, 8/10/07) |
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Dept. of Labor
Significantly Alters Employment Eligibility Verification Rules for H-2A
Workers (IMMIGRANTS'
RIGHTS
UPDATE, 2/27/08) |
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"E-Verify":
DHS Announces Changes to the Electronic Employment Eligibility
Verification Process
(IMMIGRANTS'
RIGHTS
UPDATE, 10/5/07) |
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See also "Immigrant
Worker Issues in Comprehensive Immigration Reform" |
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Congressional Testimony: NILC |
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NILC and CLASP oppose using the
National Directory of New Hires for purposes of establishing a mandatory
electronic employment verification system (EEVS) as is proposed in the
“New Employee Verification Act of 2008” (HR 5515).
Written Statement of Vicki Turetsky and Tyler Moran before the
Subcommittee on Social Security, Committee on Ways and Means, U.S. House
of Representatives, 5/6/08. (Turetsky is director of family policy
at the Center for Law and Social Policy; Moran is NILC's director of
employment policy.) |
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Testimony of Tyler Moran,
Employment Policy Director, National Immigration Law Center, Before the
House Committee on Ways and Means, Subcommittee on Social Security,
Hearing on Employment Eligibility Verification Systems,
6/7/07. |
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Hearing on: Proposals for Improving the Electronic Employment
Verification and Worksite Enforcement System, April 26, 2007.
Written Statement of Tyler Moran,
NILC Employment Policy Director, to the House Committee on the
Judiciary, Subcommittee on Immigration, Citizenship, Refugees, Border
Security, and International Law, 4/26/07. |
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Statement of Bill Beardall on Behalf
of the Equal Justice Center and NILC to the House Committee
on Education and the Workforce Subcommittee on Employer-Employee
Relations, Field Hearing on "Immigration: Enforcing Employee Work
Eligibility Laws and Implementing a Stronger Employment Verification
System," 7/31/06. |
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Written Statement of Tyler Moran, NILC policy analyst, to the
U.S. Senate Committee on the Judiciary, re: Employment Verification
Systems in Comprehensive Immigration Reform, 10/18/05.
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Congressional Testimony: Non-NILC |
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MAY 6, 2008:
Hearing on Employment
Eligibility Verification Systems and the Potential Impacts on
SSA’s Ability to Serve Retirees, People with Disabilities, and
Workers, Subcommittee on
Social Security, Committee on Ways and Means, U.S. House of
Representatives |
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- Witnesses: |
Richard Stana,
Director of Homeland Security and Justice, Government
Accountability Office |
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The Honorable Barbara
Kennelly, President and Chief Executive Officer,
National Committee to Preserve Social Security and Medicare
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Greg Heineman,
President, National Council of Social Security Management
Associations, Inc., Norfolk, Nebraska |
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Mitchell C. Laird,
President, MCL Enterprises, Phoenix, Arizona on behalf of the
U.S. Chamber of Commerce |
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John Trasviña,
President and General Counsel, Mexican American Legal Defense
and Educational Fund, Los Angeles, California |
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Eugene Spafford,
Professor of Computer Science and Director, Center for Education
and Research in Information Assurance and Security, Purdue
University, West Lafayette, Indiana on behalf of the Association
for Computing Machinery
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Susan R. Meisinger,
President and Chief Executive Officer, Society for Human
Resource Management, Alexandria, Virginia on behalf of the HR
Initiative for a Legal Workforce |
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- Written
Statement: |
Witold Skwierczynski,
President of the AFGE Council, which represents 25,000 workers
in 1,300 Social Security Administration field offices, 35
teleservice centers, and 6 card centers |
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JUNE 7, 2007:
Hearing on Employment
Eligibility Verification Systems, Subcommittee on
Social Security, Committee on Ways and Means, U.S. House of
Representatives |
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- Witnesses: |
Frederick G. Streckewald,
Assistant Deputy Commissioner for Program Policy Office of
Disability and Income Security Programs, Social Security
Administration |
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Steve Schaeffer,
Assistant Inspector General for the Office of Audit, Social
Security Administration Office of the Inspector General |
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Richard Stana,
Director of Homeland Security and Justice, Government
Accountability Office |
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Angelo I. Amador,
Director of Immigration Policy, U.S. Chamber of Commerce
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Sue Meisinger,
The Human Resource Initiative for a Legal Workforce, Society for
Human Resource Management, Alexandria, Virginia |
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Peter Neumann,
Principal Scientist, Computer Science Laboratory, SRI
International, Menlo Park, California, on behalf of U.S. Public
Policy Committee of the Association for Computing Machinery
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Marc Rotenberg,
Executive Director, Electronic Privacy Information Center |
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APRIL 26, 2007:
Hearing on Proposals for
Improving the Electronic Employment Verification and Worksite
Enforcement System, Subcommittee on Immigration,
Citizenship, Refugees, Border Security, and International Law,
Committee on the Judiciary, U.S. House of Representatives |
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- Witnesses: |
Randel Johnson,
Vice President, Labor, Immigration & Employee Benefits, U.S.
Chamber of Commerce |
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Robert Gibbs,
Partner, Gibbs Houston Pauw on behalf of the Service Employees
International Union |
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Jim Harper,
Director of Information Policy Studies, The Cato Institute
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Jessica Vaughan,
Senior Policy Analyst, Center for Immigration Studies
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APRIL 24, 2007:
Oversight Hearing on
Problems in the Current Employment Verification and Worksite
Enforcement System, Subcommittee on Immigration,
Citizenship, Refugees, Border Security, and International Law,
Committee on the Judiciary, U.S. House of Representatives |
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- Witnesses: |
Jonathan R. Scharfen,
Deputy Director, U.S. Citizenship and Immigration Services,
Department of Homeland Security |
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John Shandley,
Senior V.P. Human Resources, Swift & Company |
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Stephen W. Yale-Loehr,
Adjunct Professor, Cornell Law School |
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Marc Rosenblum Ph.D.,
Robert Dupuy Professor of Pan-American Studies and Associate
Professor of Political Science, University of New Orleans |
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Federal
Statutes and Guidance |
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Executive Order: Amending
Executive Order 12989, as Amended (June 9, 2008). (Requires federal
contractors to use Basic Pilot/E-Verify.) |
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Clarification of Certain Procedures
for Processing H-2A Labor Certification Applications
(Employment and Training Administration Advisory System, U.S. Dept. of
Labor; Training and Employment Guidance Letter No. 11-07, Change 1, Nov.
14, 2007). |
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Verifying the Employment Eligibility
of Federal Employees (Office of Management and Budget, No. M-07-21,
8/10/07). |
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EXPANSION OF BASIC
PILOT TO ALL 50 STATES AND EXTENSION THROUGH 2008:
Basic Pilot Program Extension and
Expansion Act of 2003, Public Law 108-156, 117 Stat. 1944
(Dec. 3, 2003). |
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EXTENSION OF BASIC PILOT
UNTIL NOV. 30, 2003:
The Basic Pilot Extension Act of
2001, Public Law 107-128, 115 Stat. 2407 (Jan. 16, 2002).
Basic Pilot Program Extension and Expansion Act of 2003, Public Law
108-156 (December 3, 2003) – Expanded program to all 50 states and
extended program through 2008. |
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Initial authorizing language for
Basic Pilot: The Illegal Immigration Reform and Immigrant
Responsibility Act (IIRIRA), Public Law 104-208, 110 Stat. 3009 (Sept.
30, 1996),
Title IV - Enforcement of Restrictions Against Employment,
Subtitle A - Pilot Programs for Employment Eligibility Confirmation.
(Codified in the notes for Section 274A of the
Immigration and Nationality Act.) |
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Federal
Regulations |
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73 FR 33374–81 (June 12, 2008):
Federal Acquisition Regulation; FAR Case 2007–013, Employment
Eligibility Verification. Proposed rule to implement
executive order requiring federal contractors to use Basic
Pilot/E-Verify. |
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69 FR 75997 (Dec. 20, 2004).
The Department of Homeland Security published notice in the Federal
Register expanding the Basic Pilot to all 50 states. |
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64 FR 13606 (Mar. 19, 1999).
The former Immigration and Naturalization Service published a notice in
the Federal Register adding Nebraska to the list of state participants . |
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62 FR 48309 (Sept. 15,
1997). The former Immigration and Naturalization Service published
a notice in the Federal Register, announcing the first states to
participate in the Basic Pilot program: California, Florida, Illinois,
New York, and Texas. |
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U.S. GOVERNMENT AND GOVERNMENT-COMMISSIONED
EVALUATIONS OF BASIC PILOT/E-VERIFY |
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Westat |
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Findings of the Web
Basic Pilot Evaluation (report submitted to the U.S. Dept. of
Homeland Security by Westat, Sept. 2007). "This report summarizes
the findings of the evaluation of the Web Basic Pilot program, a
modified version of the Basic Pilot program – one of the three pilot
programs originally mandated by the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA)." (PDF) |
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Interim Findings of the Web-Based
Basic Pilot Evaluation (report submitted to the U.S. Dept. of
Homeland Security by Westat, Dec. 2006). "This report is an
interim report summarizing the findings to date of the evaluation of the
Web Basic Pilot program, a modified version of the Basic Pilot program
-- one of the three pilot programs originally mandated by the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)."
(PDF) |
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INS Basic Pilot Evaluation: Summary
Report (Temple University Institute for Survey Research and Westat, Jan.
29, 2002) (PDF) |
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U.S. Citizenship &
Immigration Services |
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Report to Congress on the Basic
Pilot Program (U.S. Citizenship and Immigration Services, June 2004) (PDF) |
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Government Accountability Office |
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Employment Verification: Challenges
Exist in Implementing a Mandatory Electronic Verification System
(U.S. Govt. Accountability Office Testimony before the Subcommittee on
Social Security, Committee on Ways and Means, House of Representatives,
Statement of Richard M. Stana, Director Homeland Security and Justice
Issues, GAO, June 7, 2007). (PDF, GAO website) |
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Immigration Benefits: Additional
Efforts Needed to Help Ensure Alien Files Are Located When Needed
(U.S. Govt. Accountability Office, Oct. 2006).
(PDF, GAO website) |
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Social
Security Administration |
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Congressional Response Report:
Employer Feedback on the Social
Security Administration’s Verification Programs (Office of
the Inspector General, Social Security Administration, Dec. 2006). |
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Congressional Response Report:
Accuracy of the Social Security
Administration's Numident File (Office of the Inspector
General, Social Security Administration, Dec. 2006). |
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Congressional Response Report:
Monitoring the Use of Employee
Verification Programs (Office of the Inspector General,
Social Security Administration, Sept. 2006). |
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Federal
Information Security Management Act Report Card |
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Fiscal Year 2006 Federal Information
Security Management Act (FISMA) Report Card on Computer Security |
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ADDITIONAL RESOURCES ON BASIC PILOT/E-VERIFY |
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IMAGE Program |
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Facts about the
IMAGE Program: ICE Mutual Agreement between Government and Employers (PDF)
(1/07) |
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State & Local:
Legislation, Litigation, and Resources |
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See the
State & Local: Legislation, Litigation, and Resources
page. |
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Temporary Protected Status
(TPS) |
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TOOL KIT FOR ADVOCATES:
Temporary
Protected Status and Proving Work Authorization
(revised 9/30/08)
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U.S. Citizenship and Immigration Services'
Temporary
Protected Status webpage contains TPS-related information
for nationals or former residents of Angola,
Bosnia-Herzegovina, Burundi, El Salvador,
Honduras, Liberia, Montserrat, Nicaragua,
Sierra Leone, Somalia, and Sudan, dating to May
2000.
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In Sept. 2008, USCIS announced 18-month extensions of TPS for
nationals and former residents of
El Salvador,
Honduras,
and
Nicaragua.
On Nov. 21, it extended the reregistration period for Hondurans
and Nicaraguans. More information about these extensions is available
here.
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In Aug. 2008, USCIS announced an 18-month extension of TPS for
nationals and former residents of
Sudan.
Individuals from Sudan who currently have TPS must reregister for
the status by Oct. 14, 2008. Sudanese reregistrants'
employment authorization documents (EADs) ARE AUTOMATICALLY
EXTENDED THROUGH MAY 2, 2009. (Click
here to access a
USCIS question-and-answer document containing more specific
information. The "Sample
Letter to Employer," below, is intended to help TPS
beneficiaries with automatic EAD extensions prove that they remain
employment-authorized.)
Federal Register notice:
73 FR 47606-11 (Aug. 14, 2008).
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What Workers Should Know
about Temporary Protected Status and Proving Work Authorization
(7/06)
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Facts About Temporary
Protected Status and Proving Work Authorization (7/06)
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Reverification of Employment
Eligibility: Frequently Asked Questions (7/06)
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Temporary Protected Status and
Proving Work Authorization:
Sample Letter to Employer (7/06)
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