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Immigration News Flash
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August 9, 2007
Illinois Takes a Stand Against the Basic Pilot ProgramIn the face of the renewed focus on worksite enforcement by the
Department of Homeland Security (DHS), coupled with stalling of
comprehensive immigration reform, several states have taken matters
into their own hands. Strict state immigration laws that mandate
the use of the Basic Pilot Program are cropping up around the country.
However, the Illinois legislature has taken a step away from this
trend by recently passing HB 1744. This legislation prohibits
employers from enrolling in ANY Employment Eligibility Verification
System including the Basic Pilot Program. Participation is
conditional upon the Social Security Administration and the Department
of Homeland Security databases being able to make a determination
on 99% tentative non-confirmation notices issued to employers within
three days, unless otherwise required by federal law. The goal of
this provision is to tell the DHS that before Illinois employers
can use the Basic Pilot Program, the Agency must make it less prone
to common errors that can cause lengthy delays for both employers
and employees, as well as inaccurate results. After the problems
are corrected, employers will still have to undergo training and
follow Basic Pilot Program guidelines in order to use the program
as a means of employment verification. Tomorrow we expect news from
DHS which will unveil the successor to the Basic Pilot Program.
Sources close to DHS confirm it will be called E-Verify.
GT will continue to provide updates on immigration and compliance
issues.
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