Posted by: As I See It by Arnie | January 24, 2007

STOU .. immigration issue

January 23, 2007

From the STOU address regarding immigration.

“We will enforce our immigration laws at the worksite, and give employers the tools to verify the legal status of their workers – so there is no excuse left for violating the law.”

“The tools to verify”

So far the tools of the current system (EEVS) is set up so that employers could be held liable for incorrect information supplied by the applicant. How can an employer realistically determine if the information supplied is correct or false? Those tools are not readily available for an employer to do this and EEVS is not set up to determine if information is correct. The current system protects the forger more than it protects the employer. It actually provides the applicant who may be denied work, legal grounds against the employer and possibly a monetary compensation for missing time off at work. The system is screwy.

Let’s try to determine who can be and is responsible for what. The individual, that’s you and me, have been responsible for our personal information being correct, on our drivers licenses, at the social security administration, the IRS and any other agency with the need, and at our employer data system. We’ve been doing this. No problem. The government has been keeping track of our information for years at the IRS, the SSA and other government agencies with the need. They can do it in large numbers, hundreds of million of different names, dob, addresses all associated with just one number, your SS# assigned when you first applied.

The employer is in the middle and can only be responsible for being a secure holder of this information as supplied by the individual citizen, and/or the government. The employer has also been assigned a number at the time of completing the licenses to do business, it’s called the EIN (employer identification number). There is another number important for this system to work and it is the Individual Taxpayer Identification Number ‘ITIN’ a tax processing number only available for certain nonresident and resident aliens, their spouses, and dependents who cannot get a Social Security Number (SSN). It is a 9-digit number, beginning with the number “9”, formatted like an SSN (NNN-NN-NNNN).

Recap. Every eligible worker in the US already has an assigned SS#. Every employer licensed to do business has an EIN (Employer Identification Number). Certain other eligible residents can get an ITIN. Visa holders have an assigned number. If you are here in the USA legally you can get a number that would make you eligible to go to work for a US business. It’s just a number associated with personal information. If an employer knowingly hires someone not confirmed by the system, then yes, that employer should be heavily fined, and/or imprisoned if the offense is great enough to be considered criminal negligence of non obedience to the laws.

So, how can the government provide a tool to use to verify employment eligibility? KISS. Keep it simple stupid. A simple database for employer to check information as supplied by the applicant against the information kept by the government. It’s just a number associated with a name, the date of birth, sex, and address. It’s already on your license to drive along with a photo. If you don’t have a license, you have other information, a SS card, a birth certificate etc.

Scenario.

You apply for the job, the employer wants to hire you. Employer locates the system web site on his computer, enters his EIN and password enabling him to use the system. He enters your SS#, Or, the ITIN, your name, date of birth, sex and address. The information on both sides that must match are the number assigned, name, dob and sex. In a manner of seconds, he gets a response either OK to hire, or not OK. If OK, a document is generated to be printed and saved for a paper trail, along with a copy of your photo ID, such as drivers license. You can start work tomorrow. If data does not match that of the system then further information is required from the applicant and you cannot work until data matches. A document is generated explaining the discrepancies for the applicant to correct. It’s not the employers problem. It’s the problem of the applicant to update that information with SSA, and a local office in most cases is a short drive away. An inconvenience yes, but it has always been an inconvenience to find the SSA office, and wait your turn to update for a simple thing as a name change etc. Nothing new here.

In cases of suspected forgeries or stolen information, and the employer gets a response that applicant is already working at such and such employer in another town, the system generates an e-mail to former employer to verify status of applicant. Sorry, but you can’t go to work until your verification comes back. Call you within 3 days. If the reply from other employer indicates he/she is still working there you know stolen ID has occurred, and a red flag goes out and soon an officer is knocking at the door of the applicant for explanation or arrest. Another problem to be worked out here is the cooperation between the SSA, the IRS and DHS to create one web site for employers to use to verify the information. How often do government agencies like to work together and share data?

The SSA has been fairly proficient in keeping all these records current and would not be overburdened with the new system. Once the web site is created and secured, then employers could sign on immediately.

If you are illegally in the country, then your information will not be in the system and sorry, but you can not go to work here. Period. This system would grant the employer the tool necessary to weed out the illegal aliens. Hosea, it’s time to get legal, or go home.

Wal-Mart can develop a system of recording the purchasing and sales of every item in every store. A number (the upc code) is associated with item name, size, color etc along with cost, retail and distributor and other information. Do you think the purchasing department has to wait weeks or months to have that data displayed on their computer screen in Arkansas? No, probably just a mouse click away, anytime, any where. It’s just numbers associated with names and data etc. The banks and credit card companies have huge databases that can be accessed by individuals to see and check their account information. These are secure. These are private. If Amazon can store my private data securely for my next purchase, then a system such as this can be secure, private and available to use with results in a matter of a few seconds.

Wait three days. Phooey. Employer responsible for wrongful dismissal claim because of mismatched data. Phooey. The responsibility lies with the system and the applicant.

AS I SEE IT NOW

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Responses

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