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New Illegal Alien Enforcement Regulations Proposed
The Department of Homeland Security (DHS) on June 9 announced it was proposing two new federal regulations aimed at improving worksite enforcement against illegal aliens, preventing the use of fraudulent Social Security numbers and assisting employers in verifying the employment eligibility of workers.
“These new regulations will give U.S. businesses the necessary tools to increase the likelihood that they are employing workers consistent with our laws,” said Homeland Security Secretary Michael Chertoff. “They also help us to identify and prosecute employers who are blatantly abusing our immigration system.”
As characterized by DHS, the first proposal to improve employment verification would permit U.S. businesses to digitize their I-9 employment forms, which are used to verify eligibility to work in the United States.
According to DHS, employers who have expressed frustration with being required to keep paper forms would benefit by switching to a computerized system because electronic forms are less likely to contain errors and can be searched more easily, which is important for verification, quality assurance and inspection purposes.
The second proposal is designed to provide guidance to employers and improve their ability to ensure that they are not employing aliens who are not authorized to work in the U.S.
The rule would set forth guidance for U.S. businesses when handling "no-match" letters from the Social Security Administration concerning submitted employee Social Security numbers or from DHS concerning documents submitted by employees during the I-9 process. It would also provide safe-harbor procedures for employers who perform due-diligence, to ensure that they are not found in violation of their legal obligation.
According to a news release issued by DHS, “if followed in good faith, these procedures would provide certainty that DHS will not find, based on a receipt of a ‘no-match’ letter, the employer in violation of their legal obligations.”
These proposed regulations are part of a larger DHS initiative intended to strengthen the border and enhance interior enforcement. These regulations are only a first step in what will likely prove to be a series of changes proposed by the department.
The proposed regulations are now subject to a 60-day public comment period, although the I-9 regulation will become effective on an interim basis as soon as it is published.
For information from DHS, click here.
For more information, e-mail Jenna Morgan Hamilton, or call her at 800-368-5242 x8407.
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