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
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
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 letter.
HERE to read remarks on the no-match letter made by DHS secretary
Michael Chertoff and Commerce Secretary Gutierrez at a press conference.