Use of E-Verify program growing

Ryan Hagen, Staff Writer
Posted: 11/27/2011 02:37:13 PM PST

Nearly 1,000 county businesses screen employees' immigration status with a process called E-Verify, part of a 37-percent surge statewide in the number of employers using the system since 2010.

That's despite concerns the process - which runs workers' information against Homeland Security and Social Security databases to make sure they are allowed to work in the United States - encourages prejudice.

Those concerns persuaded the California Legislature in October to prohibit local governments from forcing firms to use the system. The ban will go into effect Jan. 1.

Among the cities that voted to require E-Verify in the last two years are Murrieta and Lancaster, both cities where Stater Bros. operates.

"Knowing that (requirement) will probably roll over to other cities, we felt it was a good time to jump on board," said Jack Brown, the chain's CEO. "There wasn't any reason we didn't (use E-Verify before), except we felt our people were doing a good job at it."

At least 965 companies based in San Bernardino County run their employees through the system, compared to roughly 600 in 2009, according to a database put together by the Conta Costa Times.

But that number - which doesn't include companies that use E-Verify but have headquarters outside the county, such as Walmart - still comes to just 3 percent of the nearly 32,000 nonfarm businesses in San Bernardino County, according to the Census Bureau.

Worried about errors

One company choosing to skip out is Fontana-based A&R Tarpaulins.

That's not because of ideological opposition or because the business doesn't take immigration issues seriously, said Bud Weisbart, vice president and sole co-owner.

"We make sure we have a Social Security card and number and that we submit payroll with that number on it," Weisbart said. "If there's an inconsistency, we're notified. I would think over the years we've had maybe one or two indications that maybe someone was illegal."

That's out of 36 years of business for the fabric and aerospace manufacturer, which Weisbart said employs 48 full- or part-time employees for an average of 12 years each.

Instead, Weisbart worries the process is flawed.

"I've heard horror stories about employers actually dismissing people because they found something on E-Verify that doesn't sound right," he said. "My understanding is those people have been totally legitimate."

Weisbart isn't alone.

A nonpartisan think-tank reported in 2009 that E-Verify automatically clears nearly 97percent of potential hires to work, and 99percent are eventually cleared through the system. But a 1-percent error rate would mean about 600,000 legal immigrants and U.S. citizens would be rejected if the system became mandatory, said the Migration Policy Institute in Washington, D.C.

And Westat, a Maryland-based company under contract to U.S. Citizenship and Immigration Services, reported in early 2010 that E-Verify fails to catch 54 percent of the illegal workers run through the system because it can't detect identity fraud.

When E-Verify flags work documents as suspicious, employeess can challenge the Department of Homeland Security to manually check records or quit. In 2010, about 18percent - 47,000 employees - were found to be legal workers after a challenge. Of the remaining 218,000, most quit.

Economic impact

Opponents also point to places such as Alabama, where farmers blame new immigration restrictions for scaring away workers they depend on.

"Those who are proponents of restrictive ordinances would say, 'That's exactly what we're trying to do.' But we're not looking just at the effect on immigrants," said Jason Marczak, policy director for the Americas Society/Council of the Americas. "We're looking at the overall effect on the number of jobs, the number of employees and the city as a whole."

"Restrictive ordinances are bad for business, and nonrestrictive ordinances are comparatively better for the business environment," Marczak said.

San Bernardino County Supervisor Neil Derry disagrees.

"I'm sure some businesses love the freedom to not pay worker's comp, not pay minimum wage," Derry said. "We have laws and rules that everyone's supposed to follow, and I think it's important that people that are here illegally not displace jobs from people that are American citizens."

Derry argued that illegal immigrants lock young workers out of entry-level jobs, hurting the economy long-term because would-be employees never develop job skills and discipline.

To combat that, Derry proposed proposed that all county businesses requiring a health inspection also be required to use E-Verify, a move he said hasn't been entirely thwarted by the state's ban on such laws.

"We can make their letter grade have a big red background (if the business didn't use E-verify)," he said. "I think that would have an impact with responsible citizens who want to ensure that jobs are provided first to people that have a right to live and work in this country."

Brown said Stater Bros. hasn't flagged any employees as potential illegal immigrants before or after using E-Verify for the same reason drug tests on new hires rarely come back positive: Signs inside the store make it clear that neither is acceptable for employees.

But it's a short trip from there to scaring off Latinos, said Emilio Amaya, director of the San Bernardino Community Service Center, a nonprofit that provides legal service to immigrants.

"What I have noticed is sometimes employers just don't bother to interview someone who might look Latino because I guess they make the assumption they'll be illegal, so why bother," Amaya said. "Instead of worrying about all the paperwork and the risk, sometimes people who apply are told you can work under the table, which means you're working for less. Unless we decide on a (immigration) system that is comprehensive, we are always going to have these little problems."

Staff writer Matt O'Brien contributed to this report.
Reach Ryan via email, or call him at 909-386-3916.

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