Employment is the lure that brings many undocumented workers into the United States. This makes an employer both a magnet for foreign workers as well as a resource in government efforts to control the influx of undocumented workers.
The employer has the responsibility of checking documents for all newly hired workers to confirm identity and determine employment eligibility. This information must be maintained on the Employment Eligibility Verification Form I-9.
Businesses recognize their contribution to national security and the financial stability of the United States when they are vigilant in their compliance with Form I-9 requirements. Still, they sometimes struggle with the paperwork burden or the questions compliance can generate. An annual increase in the number of Form I-9 inspections makes accuracy even more critical.
The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Investigations (OI) is a resource for employers who want to avoid difficulties. The first steps include use of two free and voluntary services available to all employers.
E-Verify is an Internet-based system run by U.S. Citizenship and Immigration Services, partnered with the Social Security Administration (SSA), that provides an electronic method for employers to verify employment eligibility of an employee. E-Verify checks SSA and DHS databases to match and verify employee-supplied data. E-Verify also incorporates a photo-screening enhancement showing the employer a photo to match with the photo ID an employee provides.
Social Security Number Verification Service (SSNVS), an Internet-based system run by the SSA, allows employers to match their record of employee names and Social Security numbers (SSNs) with Social Security records.
Further assistance for employers comes from the ICE Mutual Agreement between Government and Employers (IMAGE) program. This partnership is formed to provide a comprehensive solution to employment eligibility compliance. IMAGE assists with coordination, education and providing a foundation of best business practices.
ICE recognizes partners who adopt its best business practices as IMAGE members. IMAGE members are assigned an ICE special agent to coordinate training and provide answers to their employment eligibility compliance questions. IMAGE is coordinated through ICE OI, the agency with audit responsibility for Forms I-9.
Although use of these tools does not provide a safe harbor for employers, good faith participation may be considered a mitigating factor if any fines are incurred. Employers gain the peace of mind that comes from working to protect the company, its employees and the nation.
For more information, visit www.ice.gov/image, or contact the San Diego IMAGE coordinator at (619) 550-5205.
John S. Murakami is a special agent with the Office of Investigations for the Department of Homeland Security

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