New state law bans use of residency checking tool
• System not reliable: Illinois law makes it harder to enforce federal mandate on hiring illegal aliens

August 16, 2007
By Ben Lefebvre STAFF WRITER
A new Illinois law forbids employers from using an online tool to check the residency status of recently hired workers.

The legislation, signed by Gov. Rod Blagojevich this week, comes on the heels of a federal mandate issued last week requiring that employers fire any workers found to be illegal aliens.

The Illinois law specifically bans the use of Basic Pilot, a federal program also known as E-Verify. The program lets employers verify the employment eligibility of new hires through Social Security Administration and U.S. Department of Homeland Security databases on the Internet.

Some have accused Illinois of catering to illegal immigrants with the law and point to other states that require use of the program. But critics note the program now has an accuracy rate of between 80 percent and 95 percent, and say that is too unreliable. The Illinois ban will remain in effect until Basic Pilot results are 99 percent accurate.

State Rep. Ruth Munson, R-Elgin, who ran a software development company before holding office, voted for the bill when it passed the Illinois House in June. She described Basic Pilot as so inaccurate that using it created major problems for employers and their new hires.

"I thought Basic Pilot would be a good idea, but then I started hearing all these nightmare stories," she said. "There were a lot of people who legally could work and the program would find them 'not conforming.' It was taking weeks to clear up and there were lawsuits for the employers."

Munson said employers still must check the Social Security numbers of new hires, usually via telephone or mail with the Social Security Administration. The ban also exempts employers who undergo certified program training and receive "anti-discrimination notices" from the U.S. Department of Justice and Illinois Department of Human Rights.

Research bears out some of the nightmare stories Munson mentioned. According to a November 2005 report by the Washington, D.C.-based Migration Policy Institute, the system tends to flag as unauthorized or in need of further verification legal immigrants whose records Homeland Security hadn't yet added into its database. Last year, a report by the Social Security Administration indicated that nearly 18 million of its records contained "discrepancies" that could cause further problems for the system.

"The error rates are the biggest issue," said Migration Policy Institute senior fellow Doris Meissner. "You're never going to have 100 percent accuracy in any program like this. Homeland Security has a real hill to climb in being sure its databases are accurate as possible. They know that. They're getting better."

Even so, Basic Pilot's increasing popularity is threatening to stretch the program thin, Meissner said.

"If there's an increase in demand, it might be hard for Homeland Security to keep up," she said. "It will put strains on the program."

Demand is indeed increasing. As of June 2006, less than 1 percent of the country's 5.6 million employers registered to use the system, according to a report with the U.S. General Accountability Office. But in the wake of the national immigration debate, Colorado, Georgia, Oklahoma and other states have mandated that companies use Basic Pilot in an attempt to weed out illegal aliens in the workforce.

In the Fox Valley, however, the new law could be something of a nonstarter. As of 2005, only about a dozen companies here had registered with Basic Pilot. A quick survey of some of the area's largest employers revealed that most had not even heard of the program, much less used it.

Citizenship and Immigration Services spokeswoman Marilu Cabrera described the program as a boon for the roughly 720 Illinois businesses using it. In 85 percent of cases, she said, employers know within 10 seconds whether their new hire is authorized to work in this country. The department manually verifies the remaining cases within 10 days, she said.

"This is a tool for employers meant to help them out, to take the guesswork out of hiring," she said. "They're required to hire someone who's here legally, and this takes the guesswork out of that process. It makes it a whole lot easier for them. And it's free."

As for the reported problems, she said, "It's a system that's evolving. We can identify where the glitches are and improve on it."


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