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Ore. homecare provider makes costly E-Verify mistake

January 15, 2013

An Oregon Homecare Provider’s Missteps Illustrate the Importance of E-Verify Compliance
Barran Liebman
Oregon Law Firm

On December 3, 2102, an Oregon homecare provider and the U.S. Department of Justice reached a settlement agreement on claims of discrimination in violation of the Immigration and Nationality Act (“INA”). The claims stemmed from the employer’s use of E-Verify to confirm employment eligibility for a new employee. E-Verify is the Internet-based program maintained by U.S. Citizenship and Immigration Services that compares data provided on an individual’s Form I-9 to data in the Department of Homeland Security’s (“DHS”) and Social Security Administration’s (“SSA”) records on the same individual.

In this case, the employer received a “Tentative Nonconfirmation” (“TNC”) notice, which means the data on the Form I-9 for the individual was different from either DHS or SSA records for the individual. In response to the TNC, the employer violated the INA in three ways: First, it failed to provide a copy of the TNC to the employee, which would have presented the employee with an opportunity to contest the mismatched data. Second, the employer demanded the employee produce an alien card or naturalization papers to show proof of employment eligibility; however, an employer is not permitted to request a specific identity document from an employee. Finally, the employer did not allow the employee to start working while contesting the TNC, which is required by the INA. As result, the employer agreed to pay a $1,210 fine, $525 in back wages and to be monitored by the Justice Department for eighteen months.

With the exception of government contractors, federal law does not require employers to participate in E-Verify, but various local and state laws may require participation. Participation in the E-Verify program mandates that employers enter into a Memorandum of Understanding (“MOU”) with DHS. The MOU includes a laundry list of obligations for employers, which mirrors the requirements from the INA. In addition to the requirements listed above, employers participating in E-Verify are also required to display a participation poster, identify company representatives to be responsible for and a point of contact regarding E-Verify, ensure that the representatives are familiar with E-Verify manuals and procedures, and cooperate with investigations by DHS and SSA.

In light of the myriad of compliance issues, employers that are not required to participate may ask, “Is there any benefit to voluntary enrollment in E-Verify?” The benefit of participating in E-Verify is that it provides an employer a rebuttal presumption that the employer did not illegally hire an unauthorized alien in violation of the INA.

Steps for employers:
Employers should review the law of their jurisdiction to determine if enrollment in E-Verify is required to avoid penalties for non-participation. Participating employers should carefully review the MOU to ensure compliance with the regulations and procedures of the program. In the event questions remain, employers should consult an employment attorney.

  
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Oregon Homecare Provider’s E-Verify Mistake Proves Costly January 17, 2013

[…] Oregon homecare provider has reached an agreement, according to the Oregon Business Report, with the U.S. Department of Justice (DOJ) based on claims that the employer violated the […]

Dave Francis January 23, 2013

THIS IS NOT WHAT THE LATE SENATOR TED KENNEDY PROMISED AMERICANS?

President Obama’s Legacy has a potential of more unemployment, taxes, spending by pressing for Immigration Amnesty; telling the poor of foreign countries that if you can slip past the border or arrive by plane, we will pay for your financial support.

The Imperial court of President Elect Obama will be in session very shortly and many issues are on the Congressional list. Heed the warning that in the coming days that he is adamant on pushing through some form of amnesty for the 10 to 20 million plus illegal aliens already in the United States. The majority of people who remain unconcerned with politics, means that that they are unaware that conventional methods of being voted on in the House of Representatives, is being bypassed under this regime and not following the edicts of the U.S. Constitution? First it was the lone Obama authority to give a free pass to children of illegal aliens, which has been called the Dream Act. With the origin of the Dream Act which is children being smuggled unborn or in infancy across the thin, poorly guarded borders and agents unable to detect pregnant women arriving by plane from foreign countries that have arrived here for decades. Once on our soil they can gain as an inheritance citizenship for their progeny, which really was for the emancipation of slaves after the union and gray war. Americans must take fervent notice that their futures are in peril, with even more encouragement of illegal migrants and immigrants finding away to gain unauthorized entrance into our sovereign nation. In this 113 session of Congress the ardent listeners in other countries are going to try and reach the mainland.

Birthrights Citizenship MUST BE CHANGED by Conservative voters, who acknowledge an amendment to the 14th Amendment, will save ultimately TRILLIONS OF DOLLARS. Citizenship given to children upon arrival is skyrocketing in free baby deliveries, free health care for all family members, and free education for all the children born now and later. Only the American citizens can financially reprieve us from this constant threat of females smuggling in their unborn and the U.S. Taxpayer carry the financial burden—without end. Then once the child applies automatic citizenship, it’s hard to return the Mother to the country where she belongs. It’s like a wordless guidebook of how to beat the welfare and immigration system, which eventually leaves to ILLEGAL CHAIN MIGRATION of the extended family. After more pregnancies the mother can collect substantial amounts of money for each child, plus low income housing. Then once settled, more relatives vanquish the border or alight undetected from a plane, this one way visitor, moves in with the family already here, finds a job and vanishes. It goes without say the door should always remain open for STEM workers, who have professional and skilled credentials? But even the most developed nations in the world cannot continue, if at all—to keep supporting other countries poor migrants and immigrants..There is obvious justification for a GUEST WORKER program, but currently it is run disorganized and full of fraudulent activities. AGJobs must be regulated and when contracts expire the labor must return home and not become extra welfare weight on the American public?

Then we have the unknown numbers of illegal aliens in the workplace, while at least 23 million American and residents are either looking for a job, or have no choice to work in part-time employment. This should not continue and citizens an permanent resident holding green cards, should contact their Senators or Congressmen/women and demand they bring to the floor of Congress, the mandatory E-Verify “LEGAL WORKFORCE BILL”, so Washington must act of ridding illegal aliens who have your jobs. Two States are now being cross-referenced through the Drivers License Agencies, which are Florida and Tennessee and more to come in 2013. You can stand firm for all Americans by either using the Internet, your telephone book to see who is you servant locally, state or federal and make these laws active. Stop the special interests and Washington from selling you out. LEARN A LOT MORE AT JUDICIAL WATCH AND NUMBERSUSA.

JUDGE FOR YOURSELF THE PROPAGANDA AND UNDERHAND ENGINEERED POLLS THAT COME FROM THE SPECIAL INTEREST GROUPS, THE MAINSTREAM PRESS MANIPULATED BY THE LIBERAL EDITORIAL AND OF COURSE OUR GOVERNMENT?

ATTENTION: Obama lets Chinese own U.S. energy resources.
Beijing is acquiring major ownership in oil, natural gas across nation. (Dr. Jerome R. Corsi) – The Obama administration is quietly allowing China to acquire major ownership interests in oil and natural gas. The decision to allow China to compete for U.S. oil and natural gas resources appears to stem from a need to keep Beijing economically interested in lending to the U.S. The Obama administration has run $1-trillion-plus annual federal budget deficits since taking office that likely will continue in the second term. As World Net Daily reported Monday, Beijing has been developing a proposal in which real estate on American soil owned by China would be set up as “development zones” to establish Chinese-owned businesses and bring in its citizens to the U.S. to work. All this and more will be revealed at TEA PARTY.ORG.

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