Illegal Aliens is a hot topic and in some cases costing U.S. businesses millions of dollars.

Prior to President Obama taking office, customs officials (now Immigration and Customs Enforcement, or ICE) would periodically conduct a raid on a company suspected of hiring undocumented workers.  The undocumented workers were then deported and the company paid a relatively small fine.

Now the process of enforcement is to conduct the raid and check the workers for outstanding criminal warrants.  If no warrants are found, the undocumented aliens are released back into the general population while those with warrants are held on the outstanding warrants.

To combat the hiring of illegal aliens, company records are confiscated by ICE.  After the computer hard drives and paper records are reviewed, executives involved with hiring the undocumented workers now face criminal charges.  Executives and others involved in hiring illegal aliens have paid fines and have been sent to jail.

Federal law requires employers to verify that an employee is legally able to work in the U.S.  Companies that have contracts with the federal government are required to use the E-Verify system.  Companies that do not have federal contracts can voluntarily use the E-Verify system or paper I-9 form.

Arizona requires all companies to use E-Verify.  Utah and South Carolina have requirements about using E-Verify as one of several options.  (The I-9 form is not one of the options.)   You should periodically check the laws for the state your company operates in. 

When on this web site (AppliedHumanResources.com), if you click on the word "Links" on any page, you will be taken to a page that has INDIVIDUAL STATE LABOR COMMISSIONERS.  Click on the link in that section and you will be taken to a list of all states and their labor commissioner.  The web-site for your state labor commissioner may not always immediately give you the information you are looking for.  You may have to call or email your question to get answers. 

The federal government periodically makes changes to the I-9 form and/or process.  You will be able to find the most current at the following site: http://www.uscis.gov/files/form/i-9.pdf

Instructions for the E-Verify can be found at www.uscis.gov/everify

Keep documentation to verify that you have used E-Verify.  Documentation to support I-9 verification is optional and you may want to discuss this with executive management and have input from your Human Resources consultant or Employment and Labor attorney. 

As always, if you have questions, let's talk.

Roger

702 237 1333