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business ideas economic times
Posted in New Posts on 01/18/2010 07:41 pm by admin
It is hard to believe, however before 1986, the federal government was agnostic about whether or not an employer’s workforce was legally documented. That year, passage of the Immigration Reform and Management Act of 1986 1st introduced the American workplace to the ideas of I-9 compliance forms, unauthorized employment sanctions and over-documentation discrimination. Ever since, employers are conscripts: deputy border guards attempting to stem the tide of undocumented economic immigrants to the U.S.
Talk about the law of unintended consequences! Who knew that economic immigrants wouldn’t be deterred? That the economic boom times of the 1990’s would result in sustained shortages in unskilled labor and a deliberate abandonment of enforcement of the 1986 1aw? That the I-9 audit requirements would spawn an industry of fake identification? Who knew, when the I-9 compliance failed, miserably and fully, to dissuade economic migrants from coming to America, that the policy manufacturers, rather than conceding failure, would double down on employers with a brand new twist on the same old song.
Enter employment verification, USCIS’s net-based, on-line system to check whether the I-9 compliance information matches the information the govt. has in its data bases. Despite a ton of unhealthy press, employment verify does work: it is (sometimes) fast, straightforward and done, and it will help employers who otherwise haven’t any meaningful ability to suss out whether I-9 compliant documents are real or fake. But when it’s not fast, easy or done, E- Verify, just like the I-9 compliance system before it is fertile ground for unintended consequences:
* More identity theft: E- Verify puts a premium on having knowledge that can “match” the data governmental data. What better information than that of a true person? To combat this, E- Verify rolls out the photo tool, and what happens? The Photo Tool examines only Employment Authorization Documents and Legal Permanent Resident cards, therefore undocumented staff beat the system by avoiding these documents in the I-9 compliant.
* No man’s land for licensed workers who get caught in the paperwork:
False positive final non-confirmations are rare, however they do happen-I personally apprehend of two situations over the past year. And once they happen, there is no remedy for the worker whose record is wrong. The employer is sort of sure to fire the employee-he enjoys statutory immunity from all legal claims therefore long as he depends in smart faith on E-Verify process, whereas if he keeps the employee on board, he has to inform E- Verify he is doing thus-thereby inviting a visit from ICE. Where is that this employee supposed to find a job where each employer needs employment verification and where the employee must depend upon the bureaucracy for a data fix?
* Additional training costs for employers: to guard against discrimination, E-Verify prohibits pre-employment queries and requires employers to continue to employ workers with tentative non-confirmations till things is resolved. At a minimum, this implies a week or two of work for any employee who decides to contest the tentative non-confirmation; at worst it suggests that workers bent on gaming the system will move from job to job to draw a paycheck, while the employer has to stay recruiting and coaching, frequently again.
* A permanent underclass in Arizona. Necessary E-Verify compliant participation has led to an ever-increasing category of unintended consequences-our fellow Arizonans, delivered to the U.S. as children, educated in our schools and drenched in our culture. Note: E-Verify process suggests that thousands are doomed to suffer the sins of their fathers-they have no probability of employment in this State.
So where do we tend to go from here? Employment continues to be a magnet that pulls economic migrants, regardless of what our immigration laws provide. Electronic verification is politically in style and continues to gain traction with employers. Pragmatists say it’s time to focus on fixing E-Verify, not opposing it. The New Employment Verification Act, co-sponsored by Congresswoman Giffords and currently pending in Congress, puts recent ideas on the table-a biometric option to the verification method and a remedy for Americans mistakenly rejected by the government systems. Notably, E- Verify has commissioned an independent, comprehensive study of E-Verify compliance in Arizona, which will include an assessment of its unintended consequences and undoubtedly, sound recommendations for tweaking the system. Most importantly, the DREAM Act, which can permit a path to legal standing for undocumented youngsters who can demonstrate their contribution to our society, is prepared to maneuver in Congress. Let’s build it happen.
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