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Illegal Immigration: Going After Employers a Low Priority

Laptop Battery By Jim Kouri

According to the indictment, Jones would steal various IBM and Penguin computer servers from Verisign's warehouse in Virginia and sell them to Johnson. Johnson would then sell the servers to several individuals, who would sometimes place them for sale on eBay. As a result of this scheme, the indictment alleges that Jones and Johnson caused Verisign to lose more than $120, 000 worth of computer equipment. In the indictment, Jones and Johnson are charged in three counts with causing the interstate transportation of stolen property, namely IBM 330 and 335 servers, in violation of 18 U.S.C.

Thinkpad (AXcess News) New York - The opportunity for employment is one of the most important magnets attracting illegal aliens to the United States. The Immigration Reform and Control Act of 1986 established an employment eligibility verification process and a sanctions program for fining employers for noncompliance. But many employers risk exposure knowing penalties are minimal when compared to money saved from paying low wages to illegal workers.

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Microsoft Few modifications have been made to the verification process and sanctions program since 1986, and immigration experts state that a more reliable verification process and a strengthened worksite enforcement capacity are needed to help deter illegal immigration.

"When fake IDs that didn't misspell California came onto the market, employers could do nothing but accept them, " Baker said. Still, employers are notified through the mail when their new employees' Social Security numbers don't synch up with a name in the system. up to notices that reek of illegal immigrant hires, crackdowns could be expedited, said Julia Myers, assistant DHS secretary for Immigration and Customs Enforcement.

Laptop Computers The current employment verification (Form I-9) process is based on employers' review of documents presented by new employees to prove their identity and work eligibility. On the Form I-9, employers certify that they have reviewed documents presented by their employees and that the documents appear genuine and relate to the individual presenting the documents.

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Laptop Computer However, document fraud (use of counterfeit documents) and identity fraud (fraudulent use of valid documents or information belonging to others) have undermined the employment verification process by making it difficult for employers who want to comply with the process to ensure they hire only authorized workers and easier for unscrupulous employers to knowingly hire unauthorized workers.

based immigration petition ( 140) as the employer on your behalf or if he or she has a significant ownership interest (5 percent or more) based immigrant petition for you.

Desktop Computer In addition, the number and variety of documents acceptable for proving work eligibility has hindered employer verifications efforts. In 1998, the former Immigration and Naturalization Service, now part of the Department of Homeland Security, proposed revising the Form I-9 process, particularly to reduce the number of acceptable work eligibility documents, but DHS has not yet finalized the proposal.

Notebooks The Basic Pilot Program, a voluntary program through which participating employers electronically verify employees' work eligibility, shows promise to enhance the current employment verification process, help reduce document fraud, and assist ICE in better targeting its worksite enforcement efforts. Yet, several current weaknesses in the pilot program's implementation, such as its inability to detect identity fraud and DHS delays in entering data into its databases, could adversely affect increased use of the pilot program, if not addressed.

Lenovo The worksite enforcement program has been a low priority under both INS and ICE. For example, in fiscal year 1999 INS devoted about 9 percent of its total investigative agents' time to worksite enforcement, while in fiscal year 2003 it allocated only about 4 percent. ICE officials claim that the agency has experienced difficulties in proving employer violations and setting and collecting fine amounts that meaningfully deter employers from knowingly hiring unauthorized workers. In addition, INS and then ICE shifted its worksite enforcement focus to critical infrastructure protection after September 11, 2001. DHS also developed new written procedures and acted to ensure that immigration investigators are aware of all individuals with revoked visas who may be in the country.

Hard Drive However, weaknesses remain. For example, State Department and DHS procedures are not fully coordinated and lack performance standards, such as specific time frames for completing each step of the process. Outstanding legal and policy issues continue to exist regarding the removal of individuals based solely on their visa revocation.

Travelstar As part of its mission to ensure national security, DHS is charged with enforcing the laws requiring employers to employ only individuals authorized to work in the United States. The Form I-9 requirement stems from Section 274A of the Immigration and Nationality Act and implementing regulations, which require all U.S. employers (including agricultural associations or employers who recruit or refer persons for employment for a fee) to verify on the Form I-9 the identity and employment eligibility of all employees -- including U.S. citizens -- hired to work in the United States after November 6, 1986.

Gateway Completed Forms I-9 are not filed with the federal government. Instead, they must be retained by the employer in the company's own files and made available for inspection by DHS, the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor for three years after the date of hire or one year after the date the employee's employment is terminated, whichever is later. Recruiters or referrers for a fee are required to retain the Form I-9 records for three years after the date of the hire. Failure to properly complete and retain the Form I-9 subjects the employer to civil penalties ranging from $110 to $1,100. Hardly a penalty for companies making millions of dollars in profits due to low wages paid to illegal aliens.

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