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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.
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.
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.
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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.
Employers need to make staff more aware of the need for data protection when accessing business critical information on the move. A new report warns that some mobile workers are not aware of the risks. Software provider Websense found that many professional people use their company laptops to download illegal music files or lend them to friends.
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.
Do you share your Social Security number with others Always be careful about sharing your Social Security number. time jobs especially, be very cautious with your personal information. There are plenty of unscrupulous employers more interested in collecting Social Security numbers than in hiring new employees. Do you use security passwords to protect your laptop The personal information on a laptop can mean more to an identity thief than the laptop itself. protect your laptop, check it regularly for viruses, and make sure your password is secure.
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 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 its 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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