Advertise on ILW
Connect to us
Make us Homepage
Chinese Immig. Daily
The leadingimmigration lawpublisher - over50000 pages offree
Copyright© 1995-ILW.COM,AmericanImmigration LLC.
A very nice "get". Hat tip to George for passing this on.
The Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices issued a Technical Assistance letter on May 30, 2013, stating an E-Verify user should not make its I-9 forms available for inspection by a private vendor, who issues paychecks to the E-Verify user's employees. The vendor and its bank wanted to be permitted to inspect the I-9 forms to verify the identity of the employees for whom the vendor was issuing the paychecks.
Pursuant to 8 U.S.C. ß 1324a(b)(5), I-9 forms "may not be used for purposes other than for enforcement of the Immigration and Nationality Act" (Act or INA) and certain provisions of federal criminal law. In OSC's opinion, sharing I-9 forms "with a private entity in order to have that entity verify employees' identities for payroll purposes is not a use related to enforcement of the Act or one of the specified criminal laws."
Furthermore, the third party vendor questioning the sufficiency of documents presented to the employer, which the vendor would have not seen in their original form, is a problem. To the extent the employer requests additional or different documents from an employee based on the vendor's scrutiny of Forms 1-9, the request could be perceived by the employee to constitute document abuse in violation ofthe anti*-discrimination provision of the INA. Moreover, under the E-Verify MOU, an employer must "use the information it receives from SSA or DHS pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as authorized by this MOU." Further, an employer is required to ensure that the information is "not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes."
This Technical Assistance letter is helpful in that some general contractors have begun to request the I-9 forms of their sub-contractors' employees. This letter should be cited as a reason it cannot be done. Alternatively, a sub-contractor can offer a cerification on your employees' I-9 forms.
A day after the departure of Raul Labrador from the House Gang of Eight, the bipartisan negotiators in the House won a bigger endorsement - that of Tea Party favorite and former GOP VP candidate Paul Ryan.
Despite Raul Labrador's departure from the Gang of Eight and the vote in the House to de-fund the DACA program this week, House Minority Leader Nancy Pelosi (D-CA) is offering an upbeat assessment of the bill's chances of passing. From the Hill:
The top-ranking House Democrat is "optimistic" that lawmakers can pass a comprehensive immigration reform measure.
Regarding the King Amendment on DACA funding:
She explained, "I do not think the vote this morning on the King Act is indicative of where the House will be on immigration."Pelosi
added, "taken piece by piece, some of us may have objections with one
piece or another, but advancing comprehensive immigration reform is a
bigger equity than some of the individual pieces."
Yesterday, the day the House voted to defund DACA, a new poll of Latino voters commissioned by America's Voice and conducted by Latino Decisions (which predicted with extreme accuracy the results of the 2012 election). If you're a master strategist for the GOP trying to figure out how to win back the White House and the Senate, you have to be worried about the folks in the House. We know that Latino voters increasing percent of the electorate coupled with their steady drift to the Democrats has cost the GOP dearly. We wouldn't be debating immigration reform today if that weren't obvious.
On the question of whether we should have all of the border security benchmarks be met before a legalization program begins, only 13% agreed with this while 81% thought both should happen together as is the case with the Senate bill. 58% of Latino voters now rate immigration as the most important issue needing to be addressed versus 38% who mentioned the economy. That's almost a complete flip from when the same question was asked last November. 78% said it was important or extremely important that immigration reform happen this year. And those polled would blame the GOP by a 4 to 1 margin if reform fails.
The good news for the GOP is that if they do the right thing and support immigration reform, a whole lot of Latino voters would be willing to consider voting for them again. 45% said they would be more likely to vote Republican in the future if they help pass an immigration bill. That matters because right now, the Democrats hold an almost 45 point lead over Republicans heading in to the 2014 congressional elections.