Report Finds E-Verify Fails to Detect 54% of Unauthorized Workers

According to the Wall Street Journal, an independent report commissioned by the Department of Homeland Security (DHS) found that E-Verify, the federal electronic employment verification system, may be failing to detect 54% of unauthorized workers processed. According to the 338-page report (pdf), E-Verify experienced difficulty confirming that workers’ identities were their own. The purported reason: identity theft.

The stated failure rate is misleading, according to a U.S. Citizenship and Immigration Service (USCIS) synopsis (pdf) of the results. USCIS, a unit of DHS, contends that, overall, E-Verify’s accuracy rate was 96% and that only 6.2% of verifications processed concerned unauthorized workers. Accordingly, only 3.3% of total queries concerned unauthorized workers who were misidentified as authorized.

USCIS says it is actively working to lower the possibility of false positives by:

  • partnering with states on data-sharing initiatives;
  • developing methods for uncovering stolen identities and preventing them from being used for E-Verify purposes; and
  • adding more photographs to the system. Currently, E-Verify’s Photo Tool checks applicants against green card and employment authorization document photographs. In fiscal year 2010, U.S. passport photos will be added, and USCIS is working to also add visa photographs.

United Kingdom: Identity Cards for Skilled Migrant Workers Now Available

As this blog previously noted, as of January 6, 2010, the UK Border Agency (UKBA) has started issuing identity cards to skilled foreign workers and their dependents. The identity card confirms the holder's identity, nationality, and immigration status in the UK, and also indicates whether the holder is authorized to work or study under the country’s points-based immigration system.

In November 2008, the UKBA started issuing identity cards to various non-European foreign nationals living in the UK, and in December 2009 it introduced voluntary identification cards for British, European Economic Area and Swiss nationals.

UAE: Transition to Single Application for Visas, Labor and Identification Cards

Gulfnews.com reports that a single application form for United Arab Emirates residence visas, labor cards and identification cards will be available later this year. Instead of providing the same biographical data (e.g., name, nationality, marital status) on three separate applications, petitioners will complete one application and the information supplied will be used to process all three official documents. Approved applicants will then be issued an all-purpose identification card.

During the fourth quarter of 2010, residence visa information will be transferred to the identification card, and the transfer of labor card information will follow next. Upon complete incorporation, individuals will be able to present identification cards to enter the UAE and to verify their work authorization, thereby supplanting separate visa stamps and labor cards.

United Kingdom: New Identification Cards for British, Swiss and EEA Nationals

The United Kingdom’s Identity and Passport Service (IPS) has introduced two new voluntary identification cards: 

  • a national identification card for British nationals; and
  • an identification card for European Economic Area (EEA) and Swiss nationals.

The national identification card will only be issued to British citizens. Job applicants may present the card to employers for identification and work authorization verification purposes, in lieu of presenting either: (1) a passport, or (2) a birth certificate and a document containing a National Insurance number. Similarly, an identification card issued to EEA and Swiss nationals (and, in extraordinary cases, to British nationals) can be presented in lieu of a job applicant’s national passport or identity card.

However, some EEA nationals from the European Union’s 10 “accession states” have no automatic right to work in the UK and employers must also check whether those applicants:

  • have registered with the Home Office (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia);
  • have been granted a work authorization (Bulgaria and Romania); or
  • are exempt from the accession regulations’ requirements.

The two IPS-issued cards are not the same as the compulsory identity card for foreign nationals (ICFN), which the UK Border Agency is introducing for a range of categories of migrants from outside the EEA. The ICFN can also be used as evidence of the holder's right (or lack of a right) to work in the UK.

Image credit: Zscout370

United Kingdom: Important Changes Regarding Biometric Travel Documents and Advertising Requirements for Tier 2 Job Openings

Starting November 30, 2009, the UK Border Agency will fingerprint all foreign nationals entering the country with biometric UK visas, entry clearances and identity cards. This initiative is aimed at improving security and securing UK ports-of-entry and borders. On arrival in the UK, border control will perform regular immigration checks on all foreign nationals seeking admission to the UK and then capture their fingerprints to verify that they match the fingerprints given when the foreign national started the process abroad. This added security measure by UK authorities will stop individuals from cheating the system by having someone else complete biometrics abroad so that possible bars to admission, such as a criminal conviction, are not picked up during the biometrics process.

Employers should also be aware of another UK immigration law development. As reported earlier on this blog, starting December 14, 2009, the resident labor market test for Tier 2 of the points-based system will be extended to four weeks for all jobs. This will replace the current requirement to advertise jobs for two weeks, or one week for jobs where the salary is £40,000 or more. Employers should understand that the increased recruitment period will delay Tier 2 applications by at least 2-3 weeks, and that any transfers to the UK under this program should be adjusted accordingly.

This entry was written by Ian Macdonald.

DHS Awards Contract to Securitize New Employment Authorization Document

The Department of Homeland Security (DHS) has awarded General Dynamics Information Technology a contract to assist with designing and producing DHS’s new Employment Authorization Document (EAD), according to PR Newswire. The EAD, a polycarbonate identification card said to be counterfeit-resistant, will be issued to immigrants who are authorized to work in the United States. General Dynamics will assist in developing the card’s design and security characteristics. Production will commence in 2010 after completion of the design phase.

United Kingdom: Border Agency Is Ahead of Schedule on Issuing Identity Cards to Foreign Nationals

The UK Border Agency announced it is three months ahead of schedule in issuing identity cards to skilled migrants renewing their visas. Issuance of identity cards to Tier 2 skilled workers will begin January 2010, which will add 30,000 foreign nationals per year to the list of individuals assigned identity cards. Ninety thousand cards have been issued to date, mainly to students under Tier 4 and to individuals renewing marriage visas.

To provide foreign nationals with alternate and more accessible venues for submitting fingerprints, these services will be made available, on a trial basis, at 17 Crown post offices, beginning October 2009. Applicants must pay a fee of £8 if they choose this option (by contrast, no fee is required when submitting fingerprints at a UK Border Agency or Identity & Passport Service Office).

Identity cards for skilled migrants and temporary workers under Tiers 1 and 5, originally scheduled to commence in 2011, will begin in 2010. 

Senator Schumer Wants to Replace E-Verify with Biometric Identity Cards

Senator Charles Schumer (D-NY), chairman of the Senate Judiciary subcommittee on immigration, has strongly criticized the E-Verify system and proposes replacing it with a biometric-based federal employment verification system. As reported by Workforce Management, Schumer has called E-Verify “unfair” because it singles out individuals with Hispanic surnames and “ineffective” because unauthorized workers can slip through the system by using stolen Social Security numbers and fake IDs.

However, it is far from certain that Schumer’s plan to scrap E-Verify will succeed. The House recently approved a homeland security appropriations bill that includes a two-year reauthorization of E-Verify, and it also has approved redirecting $50 million of the DHS budget to the U.S. Customs and Immigration Services for E-Verify enhancements.

"Forgery-Proof" Worker Identification Card Proposed

Senator Charles Schumer (D-NY), the new chairman of the immigration subcommittee, strongly supports introducing "forgery-proof" worker identification cards, which would be secured with fingerprints or other biometric data. Schumer, who is heading the Senate’s efforts to draft comprehensive immigration reform legislation, has stated that such an ID card would be the best method of confirming that workers are authorized. As reported in The Los Angeles Times, Schumer is likely to present the worker ID card plan at an upcoming hearing on employee verification systems.

In his book Positively American (published in 2007), Schumer wrote: “The ID will make it easy for employers to avoid undocumented workers, which will allow for tough sanctions against employers who break the law, which will lead to no jobs being available for illegal immigrants, which will stop illegal immigration. …. Once Americans are convinced that we will permanently staunch the flow of illegal immigration, they will be more willing to accept constructing a path toward earned citizenship for those who are already here.”

Although some business and community organizations support the concept of a worker ID card, others argue that the cards would violate privacy rights and civil rights.

United Kingdom: Additional Biometric Enrollment Facilities Opened

The UK Border Agency has announced  that, in order to assist the increasing number of foreign nationals who must enroll their biometric information (fingerprints and photograph) when they apply to extend their stay in the United Kingdom, in June it will open four additional biometric enrollment facilities. The latest information on the new sites is available on the agency’s webpage on biometric enrollment.

The agency’s announcement notes: “By recording and checking fingerprints and digital photographs against existing records before deciding whether to grant permission to stay, we can strengthen our border and reduce abuse of the system.” The agency has been issuing, since November 2008, compulsory identity cards to foreign nationals from outside the European Economic Area who extend their stay in the UK as partners or students. In March 2009, the agency expanded the scheme to additional applicant categories.

Arkansas May Require Verification of Employee Social Security Numbers

The Arkansas Democrat Gazette reports that Arkansas state representative Bill Sample plans to introduce a bill requiring, in part, verification of Social Security numbers prior to the issuance of employee identification cards. Rep. Sample made the following comments about the bill:

It will establish proper guidelines for the issuance of identification cards and documents. ... We're trying to define who can give out identification cards and what those ID cards would state. We don't want those phony ID cards to go out. ... If you give them an ID card, you're responsible to do a little due diligence and make sure that person is in the state legally.