An Immigration Storm is Brewing

Second on the list of coming trends delivered at the 2007 SHRM annual conference in Las Vegas was "verification of right-to-work."  In a nutshell, the push is to force employers to utilize DHS' Basic Pilot Program for instant, electronic I-9 verifications.  "Employers brace for immigration rules" discusses a new tack the federal government is considering.

Illegal immigration and employer issues have been snowballing as both the federal government and states are pushing to mandate utilization of DHS' electronic SAVE program (Systematic Alien Verification for Entitlements).  Colorado has already mandated this tool for employers, and Arizona is set to enforce stiff penalties beginning in 2008 for employers that fail to comply, or knowingly employ ineligible workers.

The federal government may be about to change the game again on a national level.  Whether or not any employer nationwide utilizes the electronic system, the Social Security Administration has historically flagged SSNs that didn't jibe with identity info on record.  "No match" letters were sent to workers and employers, but left it up to the employee to resolve the issue.

The proposed rule will put the onus on the employer to make sure the issue is resolved within 60 days or fire the employee outright.  Failure to comply means the employer may be deemed as knowingly hiring illegal workers and face stiff penalties.  This will be added incentive for employers to utilize the electronic instant verification system, but doesn't appear to specifically mandate it (we can assume mandated use of the system won't be far behind).