June 25, 2008, 10:33PM
E-Verify gaining a bigger role in hiring
By L.M. SIXEL
Copyright 2008 Houston Chronicle
There have been court challenges, critical government reports and predictions of dire consequences.
Unofficially the government's E-Verify system is on hold for a nationwide roll-out until the problems get sorted out. But the database program that combines records from the Social Security Administration and the Department of Homeland Security already is creeping into our lives.
For more than a decade, E-Verify has been a voluntary program that has allowed employers to determine worker eligibility by matching the names to the Social Security numbers and birth dates applicants provide.
But for more and more workers, the system is no longer voluntary.
"It's a chipping away," said immigration lawyer Judy Lee of Quan, Burdette & Perez in Houston, referring to the growing list of places E-Verify is popping up.
President Bush has signed an executive order that will require all federal contractors to run names of their employees working on a government project — both new and existing — through the E-Verify system. The rules are open for public comment until Aug. 11.
E-Verify also popped up in the proposed H2B regulations for temporary foreign workers who come to work in the United States as landscapers, welders and housekeepers.
Before a company can get permission to bring a foreign worker into the United States, it must prove no U.S. workers are available to work. Under the proposed rules, all U.S. applicants who apply for the jobs through state employment agencies must be run through E-Verify.
It's not clear from the proposal what will happen when a state agency such as the Texas Workforce Commission finds a problem.
The agency plans to send a letter to the Department of Labor next week before the open comment period ends, said Workforce Commission spokeswoman Ann Hatchitt. Until commissioners approve the letter, the Texas Workforce Commission isn't commenting.
'Over a barrel'
The back-door approach is "one of the ways the government likes to implement interesting employment regulations that it couldn't get through the private sector," said Steve Roppolo, an employment lawyer who represents management with Fisher & Phillips in Houston.
By going through federal contractors, he said, the thinking goes: "We have them over a barrel. They want to do business with us so they'll have to do it our way."
It's a lot like when the affirmative action programs were launched in the 1960s, Roppolo said. The idea is to get more employers to feel comfortable with the idea.
The state of Arizona now requires all employers to use E-Verify for new hires and successfully fought a lawsuit that would have stopped the implementation of the new state law.
But Arizona's action doesn't necessarily indicate a trend. Illinois, for instance, forbids the system from being used.
While Illinois has agreed not to begin enforcement of its ban until a lawsuit filed by the Department of Homeland Security makes it way through the courts, the conflict is causing problems for one of Roppolo's clients who has operations in both Arizona and Illinois. He has to handle the checking of the workers' legal status differently — and carefully.
A recent U.S. Government Accountability Office report found that E-Verify can't detect cases of identify fraud when a worker presents someone else's documents.
And some estimates put the error rate at 4 percent, including naturalized citizens and women who change their names when they marry.
More regulation
"I'm telling employers not to sign up until the kinks get worked out," said Lee, who is concerned about errors. "Why sign up for more government regulation unless you have to?"
When there isn't a match, the individual has eight working days to contact the right federal agency and straighten out the record, according to the Department of Homeland Security's Web site.
In May, the Leadership Journal, which is published by Homeland Security, agreed that it's not "fun" to correct government records, but said that for most, it takes less than two days. And besides, they'll have to do it eventually anyway.
lm.sixel@chron.com
Showing posts with label Executive Order. Show all posts
Showing posts with label Executive Order. Show all posts
June 25, 2008
June 10, 2008
Bush orders wider use of E-Verify
Bush orders wider use of E-Verify
Contractors that do business with feds must tap system to prove employees eligible to work in U.S.
by Craig Harris - Jun. 10, 2008 12:00 AM
The Arizona Republic
Following the lead of at least 11 states, including Arizona, President Bush signed an executive order requiring contractors that do business with the government to use an electronic system to ensure their employees are eligible to work in the United States.
The order, announced Monday, is unlikely to influence defense contractors who already have to confirm an employee's status to work in the United States. However, it would force a gamut of businesses to use E-Verify, the Employment Eligibility Verification Program that critics say is flawed because it doesn't detect identify theft.
The order is aimed at cracking down on hiring of illegal immigrants, including workers with overstayed or expired visas.
The action drew praise from many who want to crack down on illegal immigration and hope the president's order will create a more effective national policy.
Arizona, with its border to Mexico and an estimated half-million illegal workers, has been at the forefront of immigration reform.
The state's E-Verify system, a Web-based program that electronically checks the employment eligibility of new hires, went into effect this year.
The U.S. Citizenship and Immigration Service, part of the Department of Homeland Security, operates E-Verify in cooperation with the Social Security Administration. Employers who use the system have a defense in court if they are prosecuted for knowingly or intentionally hiring illegal workers.
Defense contractors, including Arizona-based General Dynamics C4 Systems and Raytheon Missile Systems, said they already were in compliance.
"President Bush's executive order will have no impact on the way Raytheon does business. As a major defense contractor, we already comply with or exceed all Homeland Security directives regarding employment," said John B. Patterson, a spokesman for the missile maker in Tucson.
Julie Pace, an immigration lawyer who has fought the Legal Arizona Workers Act, said she expected the president to issue an order before the end of his term in January.
"It's more in keeping up with what the states have done," Pace said.
In addition to Arizona, states that have required contractors to use E-Verify include Colorado, Georgia, Idaho, Minnesota, Mississippi, Missouri, Oklahoma, Rhode Island, South Carolina and Utah. North Carolina requires state agencies to use E-Verify, she added.
Pace's firm, Ballard, Spahr, Andrews & Ingersoll, specializes in labor and immigration law. According to the firm, there are 500,000 undocumented workers in Arizona and roughly 12 million in the United States.
The Arizona Chamber of Commerce, which opposes the Legal Arizona Workers Act, said it welcomed the president's order as a means to a national policy. The Arizona law allows the state to suspend or revoke a business license if a company knowingly hired illegal workers.
"The problem with Arizona's mandatory E-Verify is not the tool itself, but the uncompetitive climate it creates for Arizona businesses because (all) other states do not have the same requirement," said Ann Seiden, a chamber spokeswoman.
NumbersUSA, a 600,000-member organization advocating lower immigration levels, praised the order.
"It's a long time past due," said Rosemary Jenks, a spokeswoman for the national organization. "It will have an impact because of the kinds of companies the federal government has contracts with."
Jenks said the order would not only affect high-tech contractors.
"Every federal building has to be cleaned and landscaped," she said.
The president's order comes as a worker-verification bill has stalled in Congress. The Democratic immigration-enforcement bill would require employers to check the citizenship and legal status of all their employees.
The comprehensive immigration-reform bills Congress considered in 2006 and 2007 included worker-verification measures. After they failed, various states began passing their own laws to keep employers from hiring undocumented workers.
http://www.azcentral.com/business/articles/2008/06/10/20080610biz-contractors0610.html
Contractors that do business with feds must tap system to prove employees eligible to work in U.S.
by Craig Harris - Jun. 10, 2008 12:00 AM
The Arizona Republic
Following the lead of at least 11 states, including Arizona, President Bush signed an executive order requiring contractors that do business with the government to use an electronic system to ensure their employees are eligible to work in the United States.
The order, announced Monday, is unlikely to influence defense contractors who already have to confirm an employee's status to work in the United States. However, it would force a gamut of businesses to use E-Verify, the Employment Eligibility Verification Program that critics say is flawed because it doesn't detect identify theft.
The order is aimed at cracking down on hiring of illegal immigrants, including workers with overstayed or expired visas.
The action drew praise from many who want to crack down on illegal immigration and hope the president's order will create a more effective national policy.
Arizona, with its border to Mexico and an estimated half-million illegal workers, has been at the forefront of immigration reform.
The state's E-Verify system, a Web-based program that electronically checks the employment eligibility of new hires, went into effect this year.
The U.S. Citizenship and Immigration Service, part of the Department of Homeland Security, operates E-Verify in cooperation with the Social Security Administration. Employers who use the system have a defense in court if they are prosecuted for knowingly or intentionally hiring illegal workers.
Defense contractors, including Arizona-based General Dynamics C4 Systems and Raytheon Missile Systems, said they already were in compliance.
"President Bush's executive order will have no impact on the way Raytheon does business. As a major defense contractor, we already comply with or exceed all Homeland Security directives regarding employment," said John B. Patterson, a spokesman for the missile maker in Tucson.
Julie Pace, an immigration lawyer who has fought the Legal Arizona Workers Act, said she expected the president to issue an order before the end of his term in January.
"It's more in keeping up with what the states have done," Pace said.
In addition to Arizona, states that have required contractors to use E-Verify include Colorado, Georgia, Idaho, Minnesota, Mississippi, Missouri, Oklahoma, Rhode Island, South Carolina and Utah. North Carolina requires state agencies to use E-Verify, she added.
Pace's firm, Ballard, Spahr, Andrews & Ingersoll, specializes in labor and immigration law. According to the firm, there are 500,000 undocumented workers in Arizona and roughly 12 million in the United States.
The Arizona Chamber of Commerce, which opposes the Legal Arizona Workers Act, said it welcomed the president's order as a means to a national policy. The Arizona law allows the state to suspend or revoke a business license if a company knowingly hired illegal workers.
"The problem with Arizona's mandatory E-Verify is not the tool itself, but the uncompetitive climate it creates for Arizona businesses because (all) other states do not have the same requirement," said Ann Seiden, a chamber spokeswoman.
NumbersUSA, a 600,000-member organization advocating lower immigration levels, praised the order.
"It's a long time past due," said Rosemary Jenks, a spokeswoman for the national organization. "It will have an impact because of the kinds of companies the federal government has contracts with."
Jenks said the order would not only affect high-tech contractors.
"Every federal building has to be cleaned and landscaped," she said.
The president's order comes as a worker-verification bill has stalled in Congress. The Democratic immigration-enforcement bill would require employers to check the citizenship and legal status of all their employees.
The comprehensive immigration-reform bills Congress considered in 2006 and 2007 included worker-verification measures. After they failed, various states began passing their own laws to keep employers from hiring undocumented workers.
http://www.azcentral.com/business/articles/2008/06/10/20080610biz-contractors0610.html
Executive Order: Amending Executive Order 12989, as Amended
For Immediate Release
Office of the Press Secretary
June 9, 2008
Executive Order: Amending Executive Order 12989, as Amended
White House News
By the authority vested in me as President by the Constitution and the laws of the United States of America, including subsection 121(a) of title 40 and section 301 of title 3, United States Code, and in order to take further steps to promote economy and efficiency in Federal Government procurement, it is hereby ordered as follows:
Section 1. Executive Order 12989 of February 13, 1996, as amended, is further amended:
(a) by striking the title and inserting in lieu thereof "Economy and Efficiency in Government Procurement Through Compliance with Certain Immigration and Nationality Act Provisions and Use of an Electronic Employment Eligibility Verification System"; and
(b) by striking the material that follows the title and precedes section 1 of the order and inserting in lieu thereof the following:
"This order is designed to promote economy and efficiency in Federal Government procurement. Stability and dependability are important elements of economy and efficiency. A contractor whose workforce is less stable will be less likely to produce goods and services economically and efficiently than a contractor whose workforce is more stable. It is the policy of the executive branch to enforce fully the immigration laws of the United States, including the detection and removal of illegal aliens and the imposition of legal sanctions against employers that hire illegal aliens. Because of the worksite enforcement policy of the United States and the underlying obligation of the executive branch to enforce the immigration laws, contractors that employ illegal aliens cannot rely on the continuing availability and service of those illegal workers, and such contractors inevitably will have a less stable and less dependable workforce than contractors that do not employ such persons. Where a contractor assigns illegal aliens to work on Federal contracts, the enforcement of Federal immigration laws imposes a direct risk of disruption, delay, and increased expense in Federal contracting. Such contractors are less dependable procurement sources, even if they do not knowingly hire or knowingly continue to employ unauthorized workers.
"Contractors that adopt rigorous employment eligibility confirmation policies are much less likely to face immigration enforcement actions, because they are less likely to employ unauthorized workers, and they are therefore generally more efficient and dependable procurement sources than contractors that do not employ the best available measures to verify the work eligibility of their workforce. It is the policy of the executive branch to use an electronic employment verification system because, among other reasons, it provides the best available means to confirm the identity and work eligibility of all employees that join the Federal workforce. Private employers that choose to contract with the Federal Government should meet the same standard.
"I find, therefore, that adherence to the general policy of contracting only with providers that do not knowingly employ unauthorized alien workers and that have agreed to utilize an electronic employment verification system designated by the Secretary of Homeland Security to confirm the employment eligibility of their workforce will promote economy and efficiency in Federal procurement.
"NOW, THEREFORE, to ensure the economical and efficient administration and completion of Federal Government contracts, and by the authority vested in me as President by the Constitution and the laws of the United States of America, including subsection 121(a) of title 40 and section 301 of title 3, United States Code, it is hereby ordered as follows:".
Sec. 2. Section 1 of Executive Order 12989, as amended, is further amended by:
(a) striking the last sentence in subsection 1(a); and
(b) striking subsection (b) and inserting in lieu thereof the following new subsections:
"(b) It is the policy of the executive branch in procuring goods and services that, to ensure the economical and efficient administration and completion of Federal Government contracts, contracting agencies may not enter into contracts with employers that do not use the best available means to confirm the work authorization of their workforce.
"(c) It is the policy of the executive branch to enforce fully the antidiscrimination provisions of the INA. Nothing in this order relieves employers of antidiscrimination obligations under section 274B of the INA (8 U.S.C. 1324b) or any other law.
"(d) All discretion under this order shall be exercised consistent with the policies set forth in this section.".
Sec. 3. Section 5 of Executive Order 12989, as amended, is further amended to read as follows:
"Sec. 5. (a) Executive departments and agencies that enter into contracts shall require, as a condition of each contract, that the contractor agree to use an electronic employment eligibility verification system designated by the Secretary of Homeland Security to verify the employment eligibility of: (i) all persons hired during the contract term by the contractor to perform employment duties within the United States; and (ii) all persons assigned by the contractor to perform work within the United States on the Federal contract.
"(b) The Secretary of Homeland Security:
"(i) shall administer, maintain, and modify as necessary and appropriate the electronic employment eligibility verification system designated by the Secretary under subsection (a) of this section; and
"(ii) may establish with respect to such electronic employment verification system:
"(A) terms and conditions for use of the system; and
"(B) procedures for monitoring the use, failure to use, or improper use of the system.
"(c) The Secretary of Defense, the Administrator of General Services, and the Administrator of the National Aeronautics and Space Administration shall amend the Federal Acquisition Regulation to the extent necessary and appropriate to implement the debarment responsibility, the employment eligibility verification responsibility, and other related responsibilities assigned to heads of departments and agencies under this order.
"(d) Except to the extent otherwise specified by law or this order, the Secretary of Homeland Security and the Attorney General:
"(i) shall administer and enforce this order; and
"(ii) may, after consultation to the extent appropriate with the Secretary of Defense, the Secretary of Labor, the Administrator of General Services, the Administrator of the National Aeronautics and Space Administration, the Administrator for Federal Procurement Policy, and the heads of such other departments or agencies as may be appropriate, issue such rules, regulations, or orders, or establish such requirements, as may be necessary and appropriate to implement this order.".
Sec. 4. Section 7 of Executive Order 12989, as amended, is amended by striking "respective agencies" and inserting in lieu thereof "respective departments or agencies".
Sec. 5. Section 8 of Executive Order 12989, as amended, is amended to read as follows:
"Sec. 8. (a) This order shall be implemented in a manner intended to minimize the burden on participants in the Federal procurement process.
"(b) This order shall be implemented in a manner consistent with the protection of intelligence and law enforcement sources, methods, and activities from unauthorized disclosure.".
Sec. 6. Section 9 of Executive Order 12989, as amended, is amended to read as follows:
"Sec. 9. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority granted by law to a department or agency or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.
"(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
"(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies or entities, its officers, employees, or agents, or any other person.".
Sec. 7. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies or entities, its officers, employees, or agents, or any other person.
GEORGE W. BUSH
THE WHITE HOUSE,
June 6, 2008.
Office of the Press Secretary
June 9, 2008
Executive Order: Amending Executive Order 12989, as Amended
White House News
By the authority vested in me as President by the Constitution and the laws of the United States of America, including subsection 121(a) of title 40 and section 301 of title 3, United States Code, and in order to take further steps to promote economy and efficiency in Federal Government procurement, it is hereby ordered as follows:
Section 1. Executive Order 12989 of February 13, 1996, as amended, is further amended:
(a) by striking the title and inserting in lieu thereof "Economy and Efficiency in Government Procurement Through Compliance with Certain Immigration and Nationality Act Provisions and Use of an Electronic Employment Eligibility Verification System"; and
(b) by striking the material that follows the title and precedes section 1 of the order and inserting in lieu thereof the following:
"This order is designed to promote economy and efficiency in Federal Government procurement. Stability and dependability are important elements of economy and efficiency. A contractor whose workforce is less stable will be less likely to produce goods and services economically and efficiently than a contractor whose workforce is more stable. It is the policy of the executive branch to enforce fully the immigration laws of the United States, including the detection and removal of illegal aliens and the imposition of legal sanctions against employers that hire illegal aliens. Because of the worksite enforcement policy of the United States and the underlying obligation of the executive branch to enforce the immigration laws, contractors that employ illegal aliens cannot rely on the continuing availability and service of those illegal workers, and such contractors inevitably will have a less stable and less dependable workforce than contractors that do not employ such persons. Where a contractor assigns illegal aliens to work on Federal contracts, the enforcement of Federal immigration laws imposes a direct risk of disruption, delay, and increased expense in Federal contracting. Such contractors are less dependable procurement sources, even if they do not knowingly hire or knowingly continue to employ unauthorized workers.
"Contractors that adopt rigorous employment eligibility confirmation policies are much less likely to face immigration enforcement actions, because they are less likely to employ unauthorized workers, and they are therefore generally more efficient and dependable procurement sources than contractors that do not employ the best available measures to verify the work eligibility of their workforce. It is the policy of the executive branch to use an electronic employment verification system because, among other reasons, it provides the best available means to confirm the identity and work eligibility of all employees that join the Federal workforce. Private employers that choose to contract with the Federal Government should meet the same standard.
"I find, therefore, that adherence to the general policy of contracting only with providers that do not knowingly employ unauthorized alien workers and that have agreed to utilize an electronic employment verification system designated by the Secretary of Homeland Security to confirm the employment eligibility of their workforce will promote economy and efficiency in Federal procurement.
"NOW, THEREFORE, to ensure the economical and efficient administration and completion of Federal Government contracts, and by the authority vested in me as President by the Constitution and the laws of the United States of America, including subsection 121(a) of title 40 and section 301 of title 3, United States Code, it is hereby ordered as follows:".
Sec. 2. Section 1 of Executive Order 12989, as amended, is further amended by:
(a) striking the last sentence in subsection 1(a); and
(b) striking subsection (b) and inserting in lieu thereof the following new subsections:
"(b) It is the policy of the executive branch in procuring goods and services that, to ensure the economical and efficient administration and completion of Federal Government contracts, contracting agencies may not enter into contracts with employers that do not use the best available means to confirm the work authorization of their workforce.
"(c) It is the policy of the executive branch to enforce fully the antidiscrimination provisions of the INA. Nothing in this order relieves employers of antidiscrimination obligations under section 274B of the INA (8 U.S.C. 1324b) or any other law.
"(d) All discretion under this order shall be exercised consistent with the policies set forth in this section.".
Sec. 3. Section 5 of Executive Order 12989, as amended, is further amended to read as follows:
"Sec. 5. (a) Executive departments and agencies that enter into contracts shall require, as a condition of each contract, that the contractor agree to use an electronic employment eligibility verification system designated by the Secretary of Homeland Security to verify the employment eligibility of: (i) all persons hired during the contract term by the contractor to perform employment duties within the United States; and (ii) all persons assigned by the contractor to perform work within the United States on the Federal contract.
"(b) The Secretary of Homeland Security:
"(i) shall administer, maintain, and modify as necessary and appropriate the electronic employment eligibility verification system designated by the Secretary under subsection (a) of this section; and
"(ii) may establish with respect to such electronic employment verification system:
"(A) terms and conditions for use of the system; and
"(B) procedures for monitoring the use, failure to use, or improper use of the system.
"(c) The Secretary of Defense, the Administrator of General Services, and the Administrator of the National Aeronautics and Space Administration shall amend the Federal Acquisition Regulation to the extent necessary and appropriate to implement the debarment responsibility, the employment eligibility verification responsibility, and other related responsibilities assigned to heads of departments and agencies under this order.
"(d) Except to the extent otherwise specified by law or this order, the Secretary of Homeland Security and the Attorney General:
"(i) shall administer and enforce this order; and
"(ii) may, after consultation to the extent appropriate with the Secretary of Defense, the Secretary of Labor, the Administrator of General Services, the Administrator of the National Aeronautics and Space Administration, the Administrator for Federal Procurement Policy, and the heads of such other departments or agencies as may be appropriate, issue such rules, regulations, or orders, or establish such requirements, as may be necessary and appropriate to implement this order.".
Sec. 4. Section 7 of Executive Order 12989, as amended, is amended by striking "respective agencies" and inserting in lieu thereof "respective departments or agencies".
Sec. 5. Section 8 of Executive Order 12989, as amended, is amended to read as follows:
"Sec. 8. (a) This order shall be implemented in a manner intended to minimize the burden on participants in the Federal procurement process.
"(b) This order shall be implemented in a manner consistent with the protection of intelligence and law enforcement sources, methods, and activities from unauthorized disclosure.".
Sec. 6. Section 9 of Executive Order 12989, as amended, is amended to read as follows:
"Sec. 9. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority granted by law to a department or agency or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.
"(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
"(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies or entities, its officers, employees, or agents, or any other person.".
Sec. 7. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies or entities, its officers, employees, or agents, or any other person.
GEORGE W. BUSH
THE WHITE HOUSE,
June 6, 2008.
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