Form I-9 E-Verify

U.S. Supreme Court Upholds Arizona State Law Requiring E-Verify
U.S. Supreme Court Upholds Arizona State Law Requiring E-Verify

On May 26, 2011 the United States Supreme Court ruled that Arizona was well within its legal rights to require Arizona-based employers to check the legal working status of their employees through the E-Verify database.  Arizona’s Fair and Legal Employment Act (HB 2779) requires all businesses to utilize E-Verify to determine the employment eligibility of new hires.  This Act came under fire by the United States Chamber of Commerce which sued the state over the law, and argued that immigration enforcement was under the jurisdiction of the federal government through the Immigration Reform and Control Act of 1986 (IRCA), which was passed in order to control and deter illegal immigration to the United States.  As part of this sweeping immigration law, Congress removed almost all states’ rights to enforce immigration and made it a federal responsibility.  The IRCA included one loophole which gave each state the power to control business licenses issued within a state; Arizona used the employment eligibility requirement as a tool to enforce their licensing requirements.

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Indiana Law SEA 590 Requires Employers To Use E-Verify
Indiana Law SEA 590 Requires Employers To Use E-Verify

Indiana Governor Mitch Daniels signed immigration legislation (SEA 590) into law on May 10, 2011, and the bill significantly affects both public and private employers. Effective, July 1, 2011, government agencies and vendors providing services to government agencies will be required by law to utilize E-Verify for the purposes of determining the employment eligibility status of all new employees. Please find below a summary of how the new bill will affect public agencies:

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Department Of Homeland Security Announces Initial Release Of E-Verify Self-Check
Department Of Homeland Security Announces Initial Release Of E-Verify Self-Check

The Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS) have launched a new E-Verify Self Check program. This voluntary service is designed to allow individuals located in the U.S. an opportunity to check their employment eligibility status before they formally seek employment, thus reducing the number of data mismatches employers will experience when using E-Verify.It is extremely important for employers to understand that E-Verify Self-Check is not for employer use, and the results of a Self Check query does not replace the results of an E-Verify query. The USCIS website states that an employer may not ask an employee to run a Self-Check query in order to prove they are authorized to work in the U.S., and E-Verify Employers must continue to run E-Verify queries.As of March 21, 2011, E-Verify Self-Check is available to users who maintain an address and are physically located in Arizona, Idaho, Colorado, Mississippi, Virginia or the District of Columbia.  According to their website, USCIS’ goal is to have the service available nationwide within 12 months. USCIS has published an official Fact Sheet, and complete information can be found by visiting the E-Verify Self Check web page.Contact EBI today to learn more about EBI’s employment eligibility solutions. EBI offers electronic Form I-9 and E-Verify solutions to employers.  EBI is a proud supporter and an approved designated Agent for the Department of Homeland Security.

Justice Department Settles Suit For Form I-9 Compliance Violation
Justice Department Settles Suit For Form I-9 Compliance Violation

On June 21, 2010, The Justice Department announced that it has reached an agreement with Morton's of Chicago/Portland Inc. to settle allegations that it required two non-citizens authorized to work in the United States to present more documents than legally required to establish their work eligibility. Morton's fired the workers after it rejected their valid Social Security cards and demanded to see additional documentation establishing their work authorization. In contrast, Morton's routinely permitted U.S. citizens to present their Social Security cards for this purpose. Under the terms of the out-of-court settlement, Morton's has agreed to provide full back pay of $2,880 and $5,715.62 to the two employees, pay a civil penalty to the U.S. Treasury of $2,200 and train Morton's Portland employees on federal protections for workers against citizenship status and national origin discrimination. Morton's of Chicago Inc., the parent company, has also agreed to provide complete information about properly conducting the employment eligibility verification process to its managers and employees nationwide who have any role in completing the government's Form I-9 processing to determine work authorization. As part of the settlement, the Civil Rights Division's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) will monitor Morton's for one year to ensure compliance with the settlement agreement. OSC is responsible for enforcing the anti-discrimination provision of the Immigration and Nationality Act (INA), which protects work authorized individuals against employment discrimination on the basis of citizenship status or national origin discrimination, including discrimination in the Form I-9 process. "Our nation's laws ensure that all individuals who are authorized to work in this country can do so without fear of discrimination or retaliation because of their citizenship status or national origin," said Thomas E. Perez, Assistant Attorney General for Civil Rights. "The Department of Justice is committed to ensuring that all authorized U.S. workers, regardless of citizenship or national origin, are afforded equal opportunity in the workplace."

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