http://www.t-g.com/story/1182717.html


Policies attempt to determine worker status
Tuesday, December 26, 2006
By Clint Confehr

It's almost like ordering a meal at a Chinese restaurant; one from column A, or one each from columns B and C.

That's a significant part of Form I-9 as issued by the Department of Homeland Security for the verification of a worker's employment eligibility.

The form also includes warnings that providing false statements as answers to the questions can be seen a perjury, a crime that's punishable by incarceration and/or fines.

The warnings aren't just to workers who might provide forged identification cards or papers. They're also directed to employers who are to re-verify the information if, for example, an employee gets married and has a name change. Re-verification is also required for a former employee who is rehired, for reasons which might include a plant shutdown, or seasonal reduction in force.

Other consequences face employers. One example is the owner of a packaging plant in Wisconsin who, as described by the Chicago Tribune, is charged with conspiracy to commit identity theft, a charge filed by local police which have jurisdiction over such crimes.

But what of Form I-9's lists, A, B and C, describing suitable forms of identification to prove a worker's eligibility for employment?

A U.S. passport, certificates of U.S. citizenship or naturalization, permanent resident cards, or an alien registration receipt establish both identity and employment eligibility. That's list A.

At least one document from list B and C must be provided if there's nothing available from list A.

List B describes documents that establish identity. They include: a driver's license from one of the 50 states or outlying possessions of the U.S.; an ID card issued by a federal, state or local government agency showing a photo or information such as name, age, address, gender, height and eye color; a school ID card with a photo; a voter registration card; and a military ID.

List C describes documents that establish employment eligibility. They include: a Social Security card, certification of birth as issued by the U.S. Department of State; a birth certificate issued by a government in the U.S.; Native American tribal documents; and a U.S. citizen ID card.

Employers are to attest, under penalty of perjury, that they have examined such documents and that they appear to be genuine and relate to the worker.

The undocumented workforce in America has hit 7 million, according to the Tribune, which attributed the statistic to the Pew Hispanic Center.

In federal fiscal year 2006, which ended in October, criminal charges were brought against 718 employers and workers, the Tribune reported. That's up from 176 the previous fiscal year and does not include the roundup at Swift plants this month.

The Department of Homeland Security has proposed a regulation that could hold an employer liable if it doesn't immediately rectify discrepancies between information provided by workers when it's found to be inconsistent with, for example, records maintained by the Social Security Administration, according to the Chicago newspaper.

Quoting court records, the Tribune reported Swift voluntarily interviewed 450 suspected employees and found 90 percent weren't who they said they were. Some 400 were fired, or quit. Swift's voluntary employee interviews were conducted between Oct. 19 and Nov. 17.

Homeland Security Secretary Michael Chertoff is quoted by the Tribune as saying Swift followed the government's Basic Pilot program. It tracks Social Security numbers across the country, but it only matches names with numbers. It doesn't find multiple uses of the same number. Chertoff has asked Congress for permission to pursue that kind of information.