June 9, 2006

Department of Homeland Security Announces the Proposal of Two Federal Regulations Aimed at Improving Worksite Enforcement

Advance Info

Earlier today GT learned that the Department of Homeland Security (“DHS”) announced the proposal of two federal regulations aimed at: 1. improving worksite enforcement; 2. preventing the use of fraudulent Social Security numbers by illegal aliens; and 3. assisting employers in verifying the employment eligibility of workers.

As characterized by DHS, a brief explanation of the regulations are as follows:

1. Improving Employment Verification: The first proposal would permit U.S. businesses to digitize their I-9 employment forms, which are used to verify eligibility to work in the United States. Employers have expressed their frustration with being required to keep paper forms, while electronic forms can be more easily searched for quality and inspection purposes.

2. Providing Guidance to Employers: The second proposal would improve the ability of employers to ensure that they are not employing aliens who are not authorized to work in the U.S. The rule would set forth guidance for U.S. businesses when handling “No-Match” letters from the Social Security Administration concerning submitted employee Social Security numbers or from DHS concerning documents submitted by employees during the I-9 process. It would also provide safe-harbor procedures for employers who perform due-diligence, to ensure that they are not found in violation of their legal obligation.

These proposed regulations are part of a larger DHS initiative intended to strengthen the border and enhance interior enforcement. These regulations are only a first step in what will likely prove to be a series of changes proposed by the Department. GT will keep you updated as we learn more about these proposed regulations and other changes.