IMMIGRANTS & EMPLOYMENT

Employment Eligibility Verification and Antidiscrimination Protections

Immigration

Employment Issues

Public Benefits

Driver's Licenses

DREAM Act

 

 


I-9 Employment Eligibility Verification &
Antidiscrimination Protections

 

Background Information

 

The I-9 Process and Antidiscrimination Protections in the INA (PDF) (updated 9/09)

 

What Worker Advocates Should Know About I-9 Audits (2-pager, PDF) (7/09)

 

Know Your Rights about the Revised Form I-9 (1-pager, PDF) (updated 9/09)

 

Citizenship Discrimination (PDF) (4/09)

 

Document Abuse (PDF) (4/09)

 

Proving Work Authorization and Reverification (PDF) (4/09)

 

Classes of Immigrants Authorized to Work in the United States (PDF) (4/09)

 

I-9 Employment Eligibility Verification Form:
Revision of December 2008 (Announcement of Interim Final Rule)

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Documents Acceptable for Employment Eligibility Verification,
73 FR 76505-17 (Dec. 17, 2008).  (Interim rule with request for comments. Comments deadline: Feb. 2, 2009.)

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U.S. Citizenship and Immigration Services (USCIS) update (12/12/08)

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USCIS Questions & Answers (12/12/08)

 

Reverification of Workers' Employment Eligibility

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Reverification of Employment Eligibility: Frequently Asked Questions (7/06)

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Basic Information about Reverification, NELP and NILC (PDF) (4/04)

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Sample Contract Language (for use by unions in working with employers on handling inquiries from immigration authorities): Word | PDF

 

CHART: Federal Employment Discrimination Laws
Immigration and Nationality Act | Title VII | Americans with Disabilities Act | Age Discrimination in Employment Act | National Labor Relations Act | Family and Medical Leave Act  (PDF) (6/23/09)

 

Filing an Employment Discrimination Charge: A Do-It-Yourself Packet for Immigrant Workers (PDF) (4/09)

 

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)

 

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

BACKGROUND MATERIALS

National Immigration Law Center

 

Blog articles by Tyler Moran, NILC policy director

1/15/10

Fatal Flaws: Social Security Administration Shows Us How E-Verify Doesn’t Work (in "Immigration Impact")
   Though required by law to do so, the Social Security Administration failed to use E-Verify on nearly 20 percent of their new hires.  An SSA inspector general's report documenting SSA's myriad mishaps provides proof of what workers' rights advocates have long believed: E-Verify is still not ready for widespread use.

6/12/09

E-Verify All the Time (in "Immigration Impact")
   Have you seen "Groundhog Day," in which Bill Murray's character lives the same day over and over? Welcome to the world of E-Verify! Repeatedly, policymakers attach -- to any moving piece of legislation, whether related to the issue or not -- proposals to make E-Verify mandatory.

 

Basic Pilot/E-Verify: Why Mandatory Employer Participation Will Hurt Workers, Businesses, and the Struggling U.S. Economy (2/09)

 

The History of Basic Pilot/E-Verify (10/08)

 

Facts About E-Verify (10/09)

 

Basic Information Brief: DHS Basic Pilot/E-Verify Program (HTML | PDF) (revised 3/08)

 

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)

 

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.

 

How Errors in Basic Pilot/E-Verify Databases Impact U.S. Citizens and Lawfully Present Immigrants (4/08)

 

What Are Businesses Saying about Proposals to Make Basic Pilot/E-Verify Mandatory? (6/08)

 

What Are Faith-based Advocates Saying about a Mandatory Basic Pilot/E-Verify? (5/08; posted 7/7/08)

 

Photo Screening Tool for Employment Eligibility Verification Likely to Increase Discrimination (IMMIGRANTS' RIGHTS UPDATE, 4/25/07)

 

See also the State & Local: Legislation, Litigation, and Resources page.

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Department of Homeland Security (DHS) /
U.S. Immigration and Citizenship Services (USCIS)

 

Basic Employment Verification Pilot: Memorandum of Understanding (USCIS)

 

E-Verify User Manual: For General Users, Program Administrators and Designated Agents (USCIS, 4/08)

 

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

 

Know Your Rights About E-Verify.  Because the government databases upon which 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. (Revised 1/10)

 

Model Union Contract Language (please contact Mike Muņoz at munoz@nilc.org)

 

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.)

  E-Verify Employer DOs and DON'Ts.  Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices (9/28/09)

 

Basic Employment Verification Pilot: Notice to Employee of Tentative Nonconfirmation

 

Sample Letters to Employers

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For Worker Contesting a Tentative Nonconfirmation (MS Word)

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For Worker Whose Employer Rescinded a Job Offer Based on a Tentative Nonconfirmation Notice (MS Word)

 

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

 

See the State & Local: Legislation, Litigation, and Resources page.

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FEDERAL LEGISLATION, LAW, AND POLICY

Analysis of Federal Legislation and Policy

 

NILC Statements and Press Releases

7/21/09

Enthusiasm about electronic employment eligibility verification systems evinced today at Senate subcommittee hearing is misplaced

7/10/09

Symbolic Immigration Enforcement Measures Passed by the Senate Will Hurt All Workers (E-Verify & SSA no-match letters)

7/8/09

Statement on Obama administration's decision to renew FAR rule and rescind SSA no-match rule

7/31/08

NILC Statement upon House Reauthorization of Basic Pilot/E-Verify for Five More Years

7/15/08

President Issues Executive Order Mandating That Federal Contractors Use Controversial and Error-Prone Basic Pilot/E-Verify

 

Amended Executive Order 12989
(REQUIRING FEDERAL CONTRACTORS TO USE BASIC PILOT/E-VERIFY)

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SUMMARY OF FINAL RULE: Federal Acquisition Regulation: Employment Eligibility Verification (updated 8/31/09)

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Why the Federal Rule Requiring Government Contractors to Use E-Verify Is Bad Public Policy (7/15/09)

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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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FINAL RULE: Federal Acquisition Regulation; FAR Case 2007–013, Employment Eligibility Verification, 73 FR 67651-705 (Nov. 14, 2008).

 

 - Federal Contractors Required to Use E-Verify System (USCIS, 11/13/08)
 - 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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Contractor Groups Sue to Abolish New Immigration Checks, by Elise Castelli, FEDERALTIMES.com, 12/20/08.

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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.

 

New Employee Verification Act of 2008 -- HR 5515

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Rep. Sam Johnson's "New Employee Verification Act": Another Version of the Shuler-Tancredo Bill (New Employee Verification Act of 2008 -- HR 5515)  (3/21/08, revised 5/21/08; posted 6/12/08)

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New Employee Verification Act of 2008 (HR 5515): Myths and Facts.  NEVA cannot "ensure a legal workforce," would further cripple our Social Security system, would be plagued by database errors, would impose huge new administrative costs, and does raise serious privacy concerns. (5/19/08)

Preserve the Child Support System: Don't Let the New Hire Database be Hijacked for Immigrant Employment Verification (by Vicki Turetsky, Center for Law and Social Policy, 5/6/08).

 

Secure America through Verification and Enforcement Act of 2007, or SAVE Act -- HR 4088 / S. 2368

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Shuler-Tancredo Employment Eligibility Verification System: Poorly Designed, Dangerous for the Economy (Secure America through Verification and Enforcement Act of 2007, or SAVE Act -- HR 4088/S. 2368)  (2/14/08, rev. 4/9/08)  |  Sistema de verificación de autorización laboral de Shuler-Tancredo "SAVE Act": Mal diseņada y perjudicial para la economía

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AARP Letter Opposing SAVE Act.  "Since the SSA's administrative expenses are paid directly from the Social Security trust funds, it is especially problematic to ask the agency to undertake additional administrative tasks that not only fail to directly assist beneficiaries, but in fact detract from the prompt resolution of existing claims."  (4/29/08)

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National Committee to Preserve Social Security and Medicare Letter Opposing SAVE Act.  "[NCPSSM] is concerned about the likely negative impact on Social Security beneficiaries of a plan to assign a significant new workload to the already overburdened Social Security Administration (SSA)."  (4/15/08)

 

Comprehensive Immigration Reform Act of 2006 (S. 2611)

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Analysis of S. 2611 with respect to electronic employment eligibility verification is available on the Immigrant Worker Issues in Comprehensive Immigration Reform page.

 

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)

 

Dept. of Labor Significantly Alters Employment Eligibility Verification Rules for H-2A Workers (IMMIGRANTS' RIGHTS UPDATE, 2/27/08)

 

"E-Verify": DHS Announces Changes to the Electronic Employment Eligibility Verification Process (IMMIGRANTS' RIGHTS UPDATE, 10/5/07)

 

See also "Immigrant Worker Issues in Comprehensive Immigration Reform"

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Congressional Testimony: NILC

 

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.)

 

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.

 

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.

 

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. 

 

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

 

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

 - Witnesses:

Richard Stana, Director of Homeland Security and Justice, Government Accountability Office

 

The Honorable Barbara Kennelly, President and Chief Executive Officer, National Committee to Preserve Social Security and Medicare

 

Greg Heineman, President, National Council of Social Security Management Associations, Inc., Norfolk, Nebraska

 

Mitchell C. Laird, President, MCL Enterprises, Phoenix, Arizona on behalf of the U.S. Chamber of Commerce

 

John Trasviņa, President and General Counsel, Mexican American Legal Defense and Educational Fund, Los Angeles, California

 

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

 

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

 - 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

 

JUNE 7, 2007: Hearing on Employment Eligibility Verification Systems, Subcommittee on Social Security, Committee on Ways and Means, U.S. House of Representatives

 - Witnesses:

Frederick G. Streckewald, Assistant Deputy Commissioner for Program Policy Office of Disability and Income Security Programs, Social Security Administration

 

Steve Schaeffer, Assistant Inspector General for the Office of Audit, Social Security Administration Office of the Inspector General

 

Richard Stana, Director of Homeland Security and Justice, Government Accountability Office

 

Angelo I. Amador, Director of Immigration Policy, U.S. Chamber of Commerce

 

Sue Meisinger, The Human Resource Initiative for a Legal Workforce, Society for Human Resource Management, Alexandria, Virginia

 

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

 

Marc Rotenberg, Executive Director, Electronic Privacy Information Center

 

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

 - Witnesses:

Randel Johnson, Vice President, Labor, Immigration & Employee Benefits, U.S. Chamber of Commerce

 

Robert Gibbs, Partner, Gibbs Houston Pauw on behalf of the Service Employees International Union

 

Jim Harper, Director of Information Policy Studies, The Cato Institute

 

Jessica Vaughan, Senior Policy Analyst, Center for Immigration Studies

 

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

 - Witnesses:

Jonathan R. Scharfen, Deputy Director, U.S. Citizenship and Immigration Services, Department of Homeland Security

 

John Shandley, Senior V.P. Human Resources, Swift & Company

 

Stephen W. Yale-Loehr, Adjunct Professor, Cornell Law School

 

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

 

Executive Order: Amending Executive Order 12989, as Amended (June 9, 2008). (Requires federal contractors to use Basic Pilot/E-Verify.)

 

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).

 

Verifying the Employment Eligibility of Federal Employees (Office of Management and Budget, No. M-07-21, 8/10/07).

 

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).

 

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.

 

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

 

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.

 

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.

 

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 .

 

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

Westat

 

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)

 

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)

 

INS Basic Pilot Evaluation: Summary Report (Temple University Institute for Survey Research and Westat, Jan. 29, 2002) (PDF)

 

Findings of the Citizen Attestation Verification Pilot (CAVP) Program Evaluation (Temple University Institute for Survey Research and Westat, April 2003) (PDF)

Congressional Research Service

 

Electronic Employment Eligibility Verification (by Andorra Bruno, Congressional Research Service, Mar. 13, 2009) (PDF)

U.S. Citizenship & Immigration Services

 

Report to Congress on the Basic Pilot Program (U.S. Citizenship and Immigration Services, June 2004) (PDF)

Government Accountability Office

 

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)

 

Immigration Benefits: Additional Efforts Needed to Help Ensure Alien Files Are Located When Needed (U.S. Govt. Accountability Office, Oct. 2006).  (PDF, GAO website)

Social Security Administration

 

Congressional Response Report: Employer Feedback on the Social Security Administration’s Verification Programs (Office of the Inspector General, Social Security Administration, Dec. 2006).

 

Congressional Response Report: Accuracy of the Social Security Administration's Numident File (Office of the Inspector General, Social Security Administration, Dec. 2006).

 

Congressional Response Report: Monitoring the Use of Employee Verification Programs (Office of the Inspector General, Social Security Administration, Sept. 2006).

Federal Information Security Management Act Report Card

 

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

 

American Civil Liberties Union (ACLU)

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E-Verify Would Cost $40 Billion, CBO Says (4/8/08)

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Stop This Worker Database Nightmare (ACLU of Southern California, 3/13/08)

 

Association for Computing Machinery & USACM

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Mandatory Electronic Employment Verifications Systems: Technological Implications (USACM, 2007 issue brief)

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"USACM Members Go to the Hill: Employment Eligibility Verification Systems," ACM WASHINGTON UPDATE, Vol. 11.6 (7/3/07).

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'08 Tech Policy Outlook: Electronic Employment Verification Systems (USACM, 3/11/08).

 

The Associated General Contractors of America

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AGC Urges Congress to Oppose SAVE Act (12/5/08)

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Employment Verification: Oppose Excessive Penalties and Mandates on Contractors for Immigration Verification

 

The Cato Institute

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Electronic Employment Eligibility Verification: Franz Kafka’s Solution to Illegal Immigration (by Jim Harper, director of information policy studies, 3/5/08).

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The "EEV" of Destruction (by Jim Harper, director of information policy studies, 3/12/08).

 

Center for Democracy and Technology

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Comments for the Record, Privacy and Civil Liberties Implications of E-Verify, Department of Homeland Security Data Privacy and Integrity Advisory Committee Public Meeting, 3/12/08, El Paso, Texas (Docket No. DHS-2008-0025).

 

Electronic Privacy Information Center

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E-Verify System: DHS Changes Name but Problems Remain for U.S. Workers (July 2007).

 

The Heritage Foundation

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Bait-and-Switch Immigration Enforcement (by James Jay Carafano, Ph.D., 5/29/07).

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Workplace Enforcement to Combat Illegal Migration: Sensible Strategy and Practical Options (by James Jay Carafano, Ph.D., 8/7/06).

 

Immigration Policy Center

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ERROR! Electronic Employment Verification Systems: What Will Happen When Citizens Have to Ask the Government for Permission to Work? (4/08)

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The Social Security Administration Taking on Immigration and Employment Eligibility: Not Ready for Prime Time (3/11/08)

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Telephonic Briefing: E-Verify Employment Verification Schemes: The Impact on Native, Naturalized, and Immigrant Workers (3/25/08)

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Immigration OnPoint: EEVS and SSA No-Match Letters

 

Institute for the Study of International Migration (Georgetown Univ.)

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Worksite Solutions to Unauthorized Migration (10/07)

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Georgetown Univ. Meeting on Immigration, Technology and the Worksite: Summary Report (by Micah N. Bump, 4/07).

 

National Council of La Raza

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Dangerous Business: Implications of an EEVS for Latinos and the U.S. Workforce (3/31/08)

 

National Immigration Form

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Legislation: Mass Expulsion vs. Immigration Reform: Politics vs. Substance (webpage contains links to EEVS-related information)

 

TechDirt Insight Community

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False Positives Would Cripple Electronic Employment Verification (by Timothy Lee, 3/10/08)

 

U.S. Chamber of Commerce

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Electronic Employment Verification Systems (by Angelo I. Amador, Esq., and Peter A. Creticos, Ph.D., Apr. 2, 2009)

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IMAGE Program

 

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

 

See the State & Local: Legislation, Litigation, and Resources page.

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Temporary Protected Status (TPS)

 

TOOLKIT FOR ADVOCATES: 
Temporary Protected Status and Proving Work Authorization

(revised 1/26/10)

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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, Haiti, Honduras, Liberia, Montserrat, Nicaragua, Sierra Leone, Somalia, and Sudan, dating to May 2000.

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The "Sample Letter to Employer," below, is intended to help TPS beneficiaries with automatic employment authorization document (EAD) extensions prove that they remain employment-authorized.

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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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Information about TPS is also available on our "Asylum, Refugee, and Other Protected Statuses" page.

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Immigrants' Rights Update Articles (back to IRU index)

 

Dept. of Labor Significantly Alters Employment Eligibility Verification Rules for H-2A Workers (2/27/08)

 

New Illinois Laws Create Important Protections against Flaws in Employment Eligibility Verification Basic Pilot (10/5/07)

 

"E-Verify": DHS Announces Changes to the Electronic Employment Eligibility Verification Process (10/5/07)

 

Most State Bills Mandating Use of the Employment Eligibility Verification Basic Pilot Fail in 2007 (10/5/07)

 

Lawsuit Challenges Arizona’s Employer Sanctions Law as Being in Conflict with Federal Law (10/5/07)

 

New Arizona Law Requires Employers to Use Flawed Employment Eligibility Verification Basic Pilot (7/20/07)

 

Incalza v. Fendi North America, Inc. | 9th Circuit: Workers May Be Granted Unpaid Leave to Resolve Employment Authorization Problems (7/20/07)

 

ICE Conducted I-9 Audit to Help Employer Retaliate against Workers (7/20/07)

 

Photo Screening Tool for Employment Eligibility Verification Likely to Increase Discrimination (4/25/07)

 

The Basic Pilot Program: Not a Magic Bullet (2/20/07)

 

Why States and Localities Should Not Require Employer Participation in the Basic Pilot Program (2/20/07)

 

Facts about the IMAGE Program: ICE Mutual Agreement between Government and Employers (2/20/07)

 

Basic Information Brief: DHS Basic Pilot Program (10/31/06)

 

Why States and Localities Should Not Require Employer Participation in the Basic Pilot Program (10/31/06)

 

Grants for training on prevention of immigration-related employment discrimination awarded by Office of Special Counsel (Posted 8/24/06)

 

Tool kit for advocates now available: Temporary protected status and proving work authorization (8/17/06)

 

Summary and analysis: The electronic employment eligibility verification system proposed by the Senate's Comprehensive Immigration Reform Act of 2006 (S 2611) (8/17/06)

 

DHS Issues New I-9 Form, Creating Possible Confusion (6/30/05)

 

Employers Must Accept Expired EADs of Honduran, Nicaraguan, and Salvadoran TPS Beneficiaries (6/30/05)

 

OSC Announces Request for Proposals for Outreach Program (2/10/05)

 

Senate Confirms William J. Sanchez as OSC Special Counsel (2/10/05)

 

Service Performance Corp. and Service Employees International Union, Local 1877, and Salisbury Hotel and the New York Hotel & Motel Trades Council, AFL-CIO, Local 6 | Unions Win Arbitration Victories Related to SSA "No-Match" Information (2/10/05)

 

Congressmembers Introduce Sweeping Proposals to Curb Hiring of Undocumented Workers (2/10/05) (posted under "Congressional Developments")

 

"Basic Pilot" Employment Eligibility Verification Program Expanded Nationwide (12/22/04)

 

SSA Informs Re: Plans for Verifying Social Security Numbers in 2005 (12/22/04)

 

U.S. v. Karaouni | 9th Circuit Vacates Noncitizen's Criminal Conviction for False Claim to U.S. Citizenship on I-9 Form (11/08/04)

 

Santos v. United States Postal Service | OCAHO Finds That INA's Antidiscrimination Provision Doesn't Apply to the U.S. Postal Service (9/21/04)

 

Grants Awarded for Training on Prevention of Immigration-Related Employment Discrimination (8/9/04)

 

New Machine-Readable Immigrant Visa Is Proof of Employment Eligibility (8/9/04)

 

President Bush Nominates a New OSC Special Counsel (8/9/04)

 

Under New Interim Rule, USCIS May Issue EAD's Valid for Longer or Shorter Than One Year (8/9/04)

 

Zamora v. Elite Logistics, Inc. | Employer That Questioned Naturalized Citizen's Employment Eligibility Did Not Discriminate Unlawfully, Court Finds (8/9/04)

 

New EAD Eliminates References to INS, Contains New Security Features (6/18/04)

 

USCIS Issues Guidance on Employment Eligibility for Citizens of "Freely Associated States" (6/18/04)

 

OSC Settles Discrimination Cases in North Carolina and New York (5/20/04)

 

Office of Special Counsel Announces Request for Proposals (4/2/04)

 

Settlements and Resolutions Reached by OSC in Discrimination Cases (2/17/04)

 

House Bill Would Extend Employment Eligibility Verification Pilot and Expand It Beyond Employment Context (10/21/03)

 

OSC Announces 2003-04 Grantees (9/4/03)

 

Alamprese v. Minsh, Inc. d/b/a/ Del Taco #171 | OCAHO Dismisses Citizen Worker's Claim Alleging Employer Preferred Hiring Undocumented Workers (7/15/03)

 

Evaluation of Eligibility Verification Basic Pilot Raises Concerns (7/15/03)

 

Gebin v. Mineta | 9th Circuit Vacates and Remands Preliminary Injunction of Airport Screener Citizenship Requirement (June 3, 2003)

 

BCIS Clarifies That Asylees and Refugees Are Employment-Authorized Whether or Not They Have an EAD (June 3, 2003)

 

Office of Special Counsel Announces Request for Proposals (4/8/03)

 

Ondina-Mendez v. Sugar Creek Packing Co. | OCAHO Rules Persons with TPS Cannot Bring Citizenship-Based Discrimination Claims under IRCA: Agency Has Jurisdiction over National Origin-Based Document Abuse Claims (12/23/02)

 

INS Seeks I-589 as Alternative EAD Application for Asylees (11/22/02) (posted under "Immigration Law & Policy – Asylum, Refugee, and Other Protected Statuses")

 

Office of Special Counsel Announces 2002-03 Grantees (11/22/02)

 

OSC Obtains Its Largest Settlement Ever (11/22/02)

 

Congress Extends the Basic (Employment Eligibility Verification) Pilot Program (2/28/02)

 

Gebin, et al., v. Mineta, et al. | Lawsuit Challenges New Citizenship Requirement for Airport Screeners (2/28/02)

 

Onion Grower to Pay for Preferring H-2A Workers Over U.S. Citizens (2/28/02)

 

Newly Enacted Citizenship Requirement to Displace Thousands of Airport Security Screeners (12/20/01)

 

Federal Officials Denounce Discrimination Following Terrorist Attacks (10/8/01)

 

Workers' Rights Trainings Slated for Seattle & New York (10/8/01)

 

OSC Announces Antidiscrimination Grants for 2001-02 (8/31/01)

 

Tropicana Hotel & Casino to Pay $75,000 for Discrimination Claims (8/31/01)

 

Work Authorization Extended for Hondurans and Nicaraguans with TPS (8/31/01)

 

Asylees to Receive Unrestricted Social Security Cards (5/10/01)

 

Las Vegas Casino Agrees to Settle Document Abuse Case (5/10/01)

 

OSC Partners with CA Dept. of Fair Employment and Housing to Fight Workplace Discimination (11/28/00)

 

OSC Announces Antidiscrimination Grants for 2000-01 (8/31/00)

 

OSC Settles Discrimination Case against College in North Carolina (8/31/00)

 

OSC Wins Backpay for Haitian Holder of EAD, Reminds Employers of Automatic Extension (8/7/00)

 

AFL-CIO Concludes Regional Forums on Immigrants' Rights: Participants, Labor Leaders Continue Push for Legalization and Worker Protections (7/26/00)

 

INS Reminds Employers of Automatic EAD Extension for Eligible Hondurans and Nicaraguans with TPS (7/26/00)

 

Proposal to Allow Unlimited Public Access to Social Security Number Database Has Serious Flaws (7/11/00)

 

OSC Reaches Settlements with Atlanta Journal Constitution and Denny's, Inc. (6/6/00)

 

AFL-CIO Calls for Repeal of Employer Sanctions and Enactment of a New Legalization Program (4/11/00)

 

Bills to Make IIRIRA's National ID Pilots Permanent Introduced in House, Senate (12/28/99)

 

National Advocacy Groups Point Out Deficiencies in IIRIRA Pilot Project Evaluations (12/28/99)

 

EOIR Promulgates Final Rules of Procedure for OCAHO Proceedings (10/14/99)

 

McNeir v. San Francisco State University | OCAHO: Exception to Sovereign Immunity Applies in Discrimination Suit against State University (10/14/99)

 

Guidance Provided Re Questioning of Job Applicants As to Need for Visa (8/30/99)

 

INS Expands One Employment Verification Pilot and Starts Another (5/28/99)

 

EOIR Issues Interim Rule Amending OCAHO Procedural Regulations (4/30/99)

 

Interim Rule Published on Receipts Acceptable for Completion of I-9 Form (3/3/99)

 

 

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