Third part of our ten part series examining the American Immigration Lawyers Association’s (AILA) publication of “What to Watch Out for on Immigration in 2011.”
Topic #3: Restrictions on State Identification Cards (REAL ID)
The REAL ID Act was brought up after national security concerns grew in the aftermath of the 9/11 terrorist attacks. The act scrutinized state driver licenses as well as identification cards, creating a federal standard for driver licenses issued.
MVP “Immigration Q & A Forum” – This Friday, March 18th, 2011
We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.
If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.
Second part of our ten part series examining the American Immigration Lawyers Association’s (AILA) publication of “What to Watch Out for on Immigration in 2011.”
Topic #2: Mandatory Employment Verification
E-Verify (Electronic Employment Verification System) a system widely used by employers to check the authenticity and legality of employees to work in the United States will likely become a mandatory requirement for all employers.
A recent survey along with a report issued by the Government Accountability Office (GAO) affirm the E-Verify system is a key tool in ensuring a legal workforce in the U.S. The report by the GAO also revealed improvements in the system such as establishing better safeguards for personal information and reducing the mismatch rates.
E-Verify also received 82 out of 100 on the American Customer Satisfaction Index scale for a customer survey that evaluated key aspects of the program. Customer Support was one area that respondents overwhelming approved of, with a score of 89 which was based on the many improvements made by the Obama administration. The survey additionally revealed that users were likely to recommend the program to other employers, were secure in the program’s precision, and were likely to continue with the program. Although the E-Verify program under the Obama administration is showing continued success, the passage of comprehensive immigration legislation is crucial to fix the current immigration system.
Over 243, 000 employers are currently using the E-Verify program and approximately 1,000 new employers enroll every week. For more information about the E-Verify program visit www.uscis.gov/everify.
With the commencement of the 112th Congress on January 5, 2011, Representative Elton Gallegly (R-CA) was appointed to lead the Subcommittee on Immigration Policy and Enforcement.
Rep. Gallegly is best know for his restrictive immigration policies and push in creating the E-Verify program. He believes the solution to illegal immigration is straightforward: enforce current laws, eliminate incentives for individuals to illegally immigrate, and take away benefits we provide that make it easier for illegal immigrants to stay in the US. Since becoming a representative, Gallegly has chaired the Congressional Task Force on Immigration Reform which provided the fundamentals for IIRIRA in 1996 and he supported an amendment to IIRIRA that would have prohibited illegal immigrants from attending public school. Additionally, in 2006 he was named by Human Events Magazine as of the Top Ten Illegal Immigration Hawks in Congress and inducted in the US Border Control Hall of Fame.
Already since the start of the 112th Congress, Gallegly has proposed legislation to require the creation of electronic Social Security cards as well as an employment eligibility database. It’s likely we could see legislation from him being proposed on topics such as ending birthright citizenship, requiring the use of E-Verify, making English the official US language, and requiring proof of citizenship to receive benefits in the near future.
Following an investigation by US Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Florida Highway Patrol and the Social Security Administration, Ronald Smith was sentenced to 54 months in federal prison on January 5, 2011.
Smith, a citizen of Jamaica had been deported from the U.S. in 2003 after being found guilty of several crimes including intent to distribute cocaine and illegal possession of a firearm as a convicted felon. After being deported, the investigation revealed Smith returned to the U.S. illegally and fraudulently used a U.S. citizen’s identity to obtain a driver’s license, job and health care. Smith was convicted of impersonating a U.S. citizen, falsely representing a social security number, aggravated identity theft, and illegal re-entry after deportation. After he serves his 54 month sentence in federal prison, Smith will be removed from the United States.
On December 21, 2010 the US Citizenship and Immigration Service (USCIS) released its first ever E-Verify news publication called “E-Verify Connection.”
Highlighted in the newsletter was the new photo matching capability to help confirm the authenticity of documents, the new E-Verify seals and the invalid status of birth certificates of US citizens born in Puerto Rico issued prior to July 1, 2010. In addition, on the E-Verify website individuals can now download E-Verify guidance manuals, see a timeline of the program’s milestones and review its statistical reports for Fiscal Year 2009. Additionally, free webinars are offered on the website both for existing members and interested individuals looking for more information.
The MVP Law Group, P.A. provides assistance to employers interested in establishing an effective employment compliance program which includes training administrative personnel and other employees. If you are interested, please contact our office.
Hua Huang, manager of China Buffet/Mongolian Grill in Missouri plead guilty to harboring, transporting, and hiring illegal aliens in addition to conspiracy to commit visa fraud on December 10.
It was discovered during the investigation that between January 2009 and August 2010, Huang regularly employed illegal workers from Mexico and China. During that time Huang obtained fake identification for the illegal workers and tried to arrange marriages for them in order to secure visas. Huang’s sentencing is set for March 2011.
On December 10, two local El Paso businesses signed up to become IMAGE (ICE Mutual Agreement between Government and Employers) partners. The IMAGE program was started in 2006 by US Immigration and Customs Enforcement (ICE) to minimize the number of unauthorized workers being hired, reduce fraud, and create a more secure workplace. To qualify as an IMAGE partner, a business must first meet certain criteria such as: assessing their hiring practices to uncover weaknesses that could potentially be exploited, enrolling in employment eligibility verification programs, training employees on how to use the new IMAGE screening tools and practices, as well as undergoing a Form I-9 audit by ICE.
After being audited last year, Tony Marquez of Jobe Materials, LP became an advocate for the IMAGE program and says, “I feel that by being audited by ICE, and having my employees trained through the E-Verify online system to determine the authenticity of new employee documentation, I will be a more vigilant employer and a guardian of immigration laws.” For more information or to learn how to become an IMAGE partner, visit http://www.ice.gov/image/.
A Corpus Christi business became a member of US Immigration and Customs Enforcement (ICE) “ICE Mutual Agreement between Government and Employers’ (IMAGE) program on December 10.
The IMAGE program was launched in 2006 and actively pursues partnering with businesses in hopes of minimizing the number of unauthorized workers being hired and reducing fraud. Undocumented workers that are hired create vulnerabilities in the system because they provide falsified documents and identities to gain benefits.
In order for a business to qualify as an IMAGE partner they must first meet a few requirements such as: assessing their hiring practices to uncover weaknesses that could potentially be exploited, enrolling in employment eligibility verification programs, training employees on how to use the new IMAGE screening tools and practices, as well as undergoing a Form I-9 audit by ICE. Previously this year, 6 businesses in the Houston area signed up to become IMAGE partners. Once becoming an IMAGE partner, ICE provides free training to all employers on Form I-9 and how to detect fraudulent documents. Companies interested in the IMAGE program or those who would like more information visit http://www.ice.gov/image/.
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