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Greg Siskind on Immigration Law and Policy

E-Verify Train Leaves the Station

Rating: 12 votes, 5.00 average.

Lamar Smith, the House Judiciary Chairman, introduced long-awaited legislation that would mandate the use of E-Verify for all employers. The conventional wisdom is that the bill has a good chance of passing so the details are worth studying. I'm going to be analyzing the latest version of the bill and reporting to you soon.


 

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  1. Jack's Avatar
    Jun 08, 2011
    The E-Verify Train

    But while it is unclear how it will all play out, one thing is very clear to those who have been closely involved in this issue across the country -- the E-Verify Train has not only left the station, it is barreling down the track like a runaway locomotive. It's not a question of if; it is a question of when and whether it will look any different than the current program. (Hint: the answers are very soon and not very likely.)

    The old arguments that the current E-Verify system has error rates that are too high, is punitive to even well-meaning employers and is difficult to utilize for small mom-and-pop operators remain as true as ever, and more irrelevant than ever, as far as the regulators are concerned. It's the only game in town and employers are going to have to get on board and deal with it.

    Our collective efforts should not be wasted on squandering our political capital in vain trying to derail the train, but earning a seat at the table and trying to make a national verification system something employers can live with. Our focus should not be on fighting E-Verify, but on ensuring implementation is reasonable and that employers are not exposed to broad punitive measures if, in fact, legitimate errors occur.

    http://www.csnews.com/top-story-the_e_verify_train-58864.html
  2. Jack's Avatar
    Swing states face immigration fight

    By REID J. EPSTEIN | 6/13/11 3:32 PM EDT

    The legislative war on undocumented immigrants is likely to move soon from deeply conservative South and Southwest to traditional swing states, said the attorney who helped write the restrictive Arizona and Alabama immigration laws.

    Kansas Secretary of State Kris Kobach, who is widely seen as the nation's pre-eminent lawyer working on behalf of those seeking to crack down on illegal immigration, predicted that politically moderate states like Missouri and Pennsylvania legislatures will be the next battlegrounds.

    "It's likely that Missouri will raise its standard up to the Arizona or Alabama level," Kobach told POLITICO. "And there's a good shot that something might pass in Pennsylvania. It's hard to predict too far out in the future, but those are probably the two best bets."

    ------

    Kobach said he writes legal briefs on nights and weekends away from his day job. He drafted the Alabama law, he said, on his laptop while sitting in a turkey blind near Gardiner, Kan.

    "Some politicians golf in their spare time," he said. "I spend mine defending American sovereignty."



    Read more: http://www.politico.com/news/stories/0611/56857.html#ixzz1PKDnsLGA

  3. Jim's Avatar
    I'm all for it. If you can remember I even think a tamper-resistant national ID system is needed as well. If you nothing to hide, there's nothing to fear.

    If this is what is needed for any immigration-related bill to pass such as a DREAM ACT, a high-skilled immigration bill/SKILL bill, recapture of unused visas, visas for nurses and PTS, etc.. then so be it.

    This way, there are no excuse for antis to say that immigration-enforcement is not being done.

  4. waitingforgc's Avatar
    My company participates in E-Verify (so nothing against it) but I think E-Verify should be done along with some kind of reform in broader aspect.

    I dont think anything will happen in CIR until after 2012 election (that too if Obama is elected, if not forget about for few years), but I am happy that some conversation is going on for Legal Immigrations, here is another one from Rep. Zoe Lofgren. http://www.bloomberg.com/news/2011-06-14/intel-microsoft-may-benefit-from-bill-for-more-skilled-worker-green-cards.html

    Let the conversation begin but this is not new and we know how far it goes.
  5. gg's Avatar

    Immigration Driving Entrepreneurship in America IDEA

    http://lofgren.house.gov/index2.php?option=com_content&do_pdf=1&id=639
  6. Another Voice's Avatar
    "This way, there are no excuse for antis to say that immigration-enforcement is not being done."

    That is what Obama thought too....remember deportations at at an all time high, he has deported more people than any other president. The antis will continue to move up the posts and will never be satisfied. To them is their way or the highway and their way is to deport all immigrants that are undocumented and restrict as much as possible legal immigrants.
  7. Another Voice's Avatar
    "Some politicians golf in their spare time," he said. "I spend mine defending American sovereignty."

    Don't you just love how this guy tries to make racism sound patriotic.... He must practice his lines in front of the mirror before he gives an interview!!!
  8. USC's Avatar
    "Some politicians golf in their spare time," he said. "I spend mine defending American sovereignty."

    Every American is diminished by the kind of measures proposed by those would require everyone to carry a national id card, be subjected to mandatory E-Verify or papers please laws.

    Given the above, it should be more like "Some politicians gold in their spare time, I spend mine chewing up Civil Rights and the US Constitution"
  9. Sid's Avatar
    "Every American is diminished by the kind of measures proposed by those would require everyone to carry a national id card, be subjected to mandatory E-Verify or papers please laws."

    Sure, it would be a loss of freedom of some sort for all Americans. That said, I'm yet to hear a better proposal from the "Individual liberty and American way of life" kind of people to curb illegal immigration. Not all illegal immigrants are fence jumpers. A significant percentage have overstayed their visas. Securing the border is not going to prevent all illegal immigration.

    It's easy to propose 500K/1mill unskilled guest worker visas as a "solution" on the internet but unless you're a Congressman from a district that's doing very well in this economy, you'll be beaten black and blue by your constituents in the town hall meetings if you try to defend this "solution".
  10. Jack's Avatar
    E-Verify diminishes every American? We already require employers to complete and retain an I-9 form. We already require that identity documents be presented. Currently, the hired person is completely at the mercy of the employer's judgment whether identity documents appear to be genuine. All E-Verify does is verify that the presented name and SSA number match. So all it does is catch fake ID's. That diminishes you? It doesn't even check to see if the number is being used somewhere else and has other flaws but acting like it adds some new or big imposition to those seeking work is untrue. You already have to show ID. This just weeds out fake ID's. The real issue should be with safeguards to inaccuracies but to be against merely catching fake ID's or implying that's un-American is pretty lame. How would you verify employment eligibility (assuming you are not against it altogether)?
  11. Jim's Avatar
    "That is what Obama thought too."

    I was trying hard to get into their line of thinking on why that is. I came into the conclusion that deportations no matter how much greater it was from the past administrations is still temporary - meaning it came very well go to a halt anytime and we know it is outright almost impossible to deport everyone. They probably want a more tangible and long-lasting procedure like an E-Verify.

    Not that we have a choice for E-Verify as it looks like just a matter of time before it gets implemented.
  12. Legal and no longer waiting's Avatar
    All you need to do Jack is to read the Big Brother mandatory E-Verify bill. There is plenty more government intrusion there.

    I actually wonder how many Americans would not be able to prove their citizenship and employment authorization under this law. You might be one of them, Jack.
  13. USC's Avatar
    "Sure, it would be a loss of freedom of some sort for all Americans."

    Thank you for the refreshing honesty. In similar vein, I acknowlege that such measures would indeed reduce illegal immigration. I also agree that reducing "illegal" immigration is a desirable result but the question is at what price. I see that I have work to do with Jack, so let me address the rest of the argument to him.

    "E-Verify diminishes every American?"

    What is E-Verify? Essentially it takes your SSN and another piece of identification and basically turns them into a national id for those that want a job.

    The problem with a national id is that once everyone is mandated to carry one the question becomes where do you draw the line as to when they are required to be flashed;

    Entering a public/private facility, getting a job, renting an apartment/hotel room (currently still the case in the erstwhile USSR), buying groceries, eating at a McDonald's, receiving treatment from EMS, shopping at the mall, enrolling your kids at school, boarding a subway?

    Sherrif Joe, being the all American guy that he is, would say yes to all of the above, I would say no to all. Others would draw the line somewhere in between. Having a debate on those lines does diminish every American and makes us more like Germany than England. Remember, Germany lost the last Great war to England. Let good old England's win not be in vain! ;-)

    "How would you verify employment eligibility (assuming you are not against it altogether)?"

    I think the current system works just fine. You obtain ID and a Social Security card from the otential employee. If you contend that forged documents are a problem then the obvious solution is to make them more secure. There are plenty of ways of doing that from embedding chips to placing RFID tags into the IDs. Those cost only pennies and are not intrusive.

  14. Jim's Avatar
    "Sure, it would be a loss of freedom of some sort for all Americans. That said, I'm yet to hear a better proposal from the "Individual liberty and American way of life" kind of people to curb illegal immigration. Not all illegal immigrants are fence jumpers. A significant percentage have overstayed their visas. Securing the border is not going to prevent all illegal immigration."

    Agree. There needs to be either an E-Verify system or a fence/wall on the borders. I rather have an E-Verify. Besides, this one really looks like it is a done deal and since it's basically a done deal we should just discuss it's impact and how to correct possible errors and flaws.
  15. Legal and no longer waiting's Avatar
    "In similar vein, I acknowlege that such measures would indeed reduce illegal immigration."

    I don't think so. It would encourage illegal employment with money paid under the table - for all, including Americans. It may actually become the norm for some professions.
  16. Sid's Avatar
    The under the table cash economy already exists to avoid taxes. With EVerify, legitimate businesses like Walmart and McDs and Chipotle that routinely lie about not hiring illegal immigrants knowingly will be forced to change their hiring practices.
  17. Another Voice's Avatar
    With the current fiscal crisis E-Verify will be an incentive to go cash under the table, less taxes paid into the system and the fiscal crisis will get worse. In the end taxes will have to be raised in order to cover the hole and the only ones paying more will be US Citizens and legal residents why would this make any sense given the current situation.
  18. F's Avatar
    CHC and undocumented lobby(led by Durbin ) wants nothing short of total legalization and no new enforcement mechanisms.

    Durbin particularly wants to eliminate EB or skill based immigration.
  19. Legal and no longer waiting's Avatar
    "Durbin particularly wants to eliminate EB or skill based immigration."

    Do you have any proof of this? Cause I smell some serious BS.
  20. USC's Avatar
    Jack:

    Given Senator Reid's inclination to add DREAM and Boxer's threat to add AgJobs and Calvert's threat to vote against his own bill in the eventuality of any of those occuring, this turkey might be DOA. A good thing too!

    http://www.pe.com/politics/goad/stories/PE_News_Local_D_e-verify13.3e9ad8f.html

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