Feds set to punish employers for illegal workers

Second on our list of coming trends presented to the 2007 SHRM annual conference in Las Vegas was "verification of right-to-work." In a nutshell, the push is to force employers to utilize DHS' Basic Pilot Program for instant, electronic I-9 verifications. It's great in theory but employers have been slow to embrace the instant electronic confirmation of work eligibility.

Colorado has already mandated this tool for employers, and Arizona is set to enforce stiff penalties beginning in 2008, to include potential revocation of business licenses, for employers that fail to comply, or knowingly employ ineligible workers.

A recent article, "Employers brace for immigration rules", discusses a new tack the federal government is considering. Whether or not any employer nationwide utilizes the basic pilot program, the Social Security Administration has historically flagged SSNs that didn't jibe with identity info on record. "No match" letters have always been sent to workers and employers, but left it up to the employee to resolve the issue, with no culpability on the employer's part.

The proposed new rule will put the onus on the employer to make sure the issue is resolved within 60 days, or they must fire the employee outright. Failure to comply means the employer may be deemed as having knowingly hired illegal workers, and face stiff penalties. This will be an obvious incentive for employers to utilize the electronic instant verification system (basic pilot program), but doesn't appear to specifically mandate it (we can probably assume mandated use of the system won't be far behind).