DHS Changes Program Name, But Problems Remain for U.S. Workers
 
Date: Fri, 7 Sep 2007 19:20:49 -0500 (CDT)


From:

E P I C  A l e r t
=====================================================
Volume 14.18                                           September 7, 2007
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                                Published by the
                   Electronic Privacy Information Center (EPIC)
                                Washington, D.C.

                 http://www.epic.org/alert/EPIC_Alert_14.18.html

DHS Changes Name, But Problems Remain for U.S. Workers
======================================================

This month, EPIC's Spotlight on Surveillance Project turns to the
Department of Homeland Security's employment eligibility verification
system, which the agency hoped would encompass 6 million employers and
143.6 million workers nationwide. But Congress recently rejected such
legislation, so DHS is now moving the system ahead through
administrative regulation.

DHS has renamed the "Basic Pilot" employment eligibility verification
system "E-Verify," and has made substantial changes to the program. DHS
will require more than 200,000 federal contractors to check the agency
databases before hiring employees. This is an increase of more than
1,076 percent over the 17,000 employers currently registered in
E-Verify. Also, the system will use an "enhanced photograph capability"
that will allow employers to check photographs in E-Verify databases.
DHS also will expand the number of databases E-Verify checks to include
visa and passport databases; and the agency is asking states to
"voluntarily" allow DHS access to their motor vehicle databases.

DHS also will require employers to fire employees if they were unable to
resolve "no match" discrepancies within 90 days. If the employers do not
terminate the workers' employment, the businesses would face fines of
$11,000 or more. DHS also will raise fines against employers by 25
percent and increasingly use criminal action against employers, as
opposed to administrative action. This "no match" portion is the subject
of a lawsuit filed by the AFL-CIO, ACLU, and National Immigration Law
Center. They seek a permanent ban against implementation by the federal
government, and a federal judge has approved an order temporarily
restraining the government from moving forward.

A broad expansion of E-Verify has severe implications for national and
individual security, civil liberties and privacy. At a Congressional
hearing in June 2007, the Government Accountability Office detailed the
many problems associated with expansion of the system. E-Verify is
vulnerable to employer fraud or misuse; the databases used by E-Verify
are error-filled; expansion would create enormous backlogs; also, the
cost would be enormous. The many errors in DHS and Social Security
Administration databases have been highlighted by the GAO, SSA Inspector
General, and Justice Department Inspector General.

Though the Department of Homeland Security is requiring federal
contractors to use E-Verify, the agency cannot mandate its use by the
states. However DHS announced that it is strongly encouraging states to
require employers to register and use the employment eligibility
verification system. The states are split on this issue. Some states,
including Arizona and Oklahoma, have passed legislation mandating the
use of E-Verify by public contractors. Just days after DHS announced the
new regulations for E-Verify, however, the Illinois governor signed
legislation specifically banning the use of the employment eligibility
verification system. Illinois legislators cited E-Verify's high error
rate and the problems that incorrect "nonconfirmations" would cause for
employers and employees. DHS's rapid expansion of E-Verify does not help
the problems in the system, but in fact, exacerbates them.

EPIC, Spotlight on Surveillance, "E-Verify System: DHS Changes Name, But
Problems Remain for U.S. Workers":

       http://www.epic.org/privacy/surveillance/spotlight/0707/

Department of Homeland Security, E-Verify FAQs:

       http://www.dhs.gov/ximgtn/programs/gc_1185222483635.shtm

Government Accountability Office, Testimony on Employment Eligibility
Verification (June 7, 2007) (pdf):

      http://www.gao.gov/new.items/d07924t.pdf

EPIC's Testimony on Employment Verification Systems before the House
Committee on Ways and Means (June 7, 2007) (pdf):

       http://www.epic.org/privacy/ssn/eevs_test_060707.pdf

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