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'No match' letters canned, rules postponed, but feds will make employers police workers or pay big.
For nearly two decades, the Social Security Administration has been sending "no match" letters, notifying employers that the social security information furnished by an employee and submitted by the employer does not comport with their records. The letters have threatened employers with penalties, but without much enforcement or concern on the part of employers. As a result, the employment of undocumented workers in the construction workforce has blossomed, and is rampant. The Immigration and Naturalization Service (INS), in the late 1980s, instituted the 1-9 requirements for all employers, and using the "no match" leads from SSA, INS would perform an 1-9 review. The 1-9 penalties were extreme, one of the first being a $10,000 fine for a motel in Arlington, Virginia for employing ten undocumented house keepers. Since 9/11, the INS has become Immigration Control and Enforcement (ICE), and is a division of the Department of Homeland Security (DHS).
New Rules May Be Coming From the Feds
On November 6, 2007, Congressman Heath Shuler, a Democrat from Western North Carolina, introduced a Bill, HR 4088, called the "Secure America through Verification and Enforcement (SAVE) Act of 2007," which will require employers to verify the legal status of their employees, strengthen sanctions against employers who fail to verify, increase border patrol measures, and expand the E-Verify program run by DHS. Employers use the E-verify program to verify Applicant Social Security Numbers (SSNs) as being valid, to avoid "no match" letters.
States Adopted Own Rules This Year in Droves
Forty three States adopted laws this year which affected immigration. One of the most broad became effective on November 1, 2007, when subcontractors on public projects in Oklahoma were required to verify the immigration status of new employees using DHS' E-verify program, and as of July 2008, Oklahoma may not contract with any contractor who does not use E-verify for all of its employees, but employers that use the program are safe harbored from liability. That law is being constitutionally challenged in federal court.
Why Will They Pick on Me?
Under the new DHS rule, employers will be found to have knowledge if they receive an "Error Correction Request" or "no match" letter from SSA or written notification ...
- Proposed Legislation Would Require California Employers To Verify Employee's...
- News wire article from: Mondaq Business Briefing March 26, 2007 700+ words
...requires employers to verify...employee's social security number with...100 to an employer for each...requires all employers to "report...whom the employer anticipates...address, and social security number of...should an employer terminate...provide a valid ...
- Changes in Social Security to impact public employers and employees: new...
- Magazine article from: Government Finance Review Berger, Barrie Tabin August 1, 2004 700+ words
...state and local employers. The Social Security Administration...requires that public employers that do not participate in Social Security notify employees...the WEP on their Social Security benefits. Employers must obtain signed...
- Two New Minnesota Laws Impose Additional Employer Requirements Regarding...
- News wire article from: Mondaq Business Briefing June 14, 2007 700+ words
...other uses of social security numbers in the...protecting employee social security numbers. To...Shield Law, employers are required to restrict access to social security numbers to ensure...no private employer is permitted...
- Social Security reality, and why employers should care.
- Magazine article from: Employee Benefit News March 1, 2005 700+ words
...445 toward Social Security, according to...statement, and employers paid another...combined employee/employer contributions...have a crisis in Social Security? President Bush...why should employers care about Social...
- U.S. targeting employers who hire illegal immigrants: Social Security numbers...
- Newspaper article from: Dallas Morning News (Dallas, TX) July 27, 2006 700+ words
...Jul. 27--Employers beware: The...workers with false Social Security cards. As Congress...oversight of employers who hire illegal immigrants. Employer crackdowns have...issue as an employer is documentation...For 2005, the Social Security Administration...match letters ...
- Court rules employer may release Social Security number during testing. (In the...
- Newspaper article from: Drug Detection Report May 30, 2002 700+ words
A Social Security number is no longer considered private...court, which ruled in favor of the employer. The employer in the case, the Grand...subject to the testing, along with their Social Security numbers, and forwarded this to the...
- Employers urged getting social security for workers.
- News wire article from: PPI - Pakistan Press International November 25, 2009 700+ words
...has said the employers should get registered...their workers in Social Security Scheme (SSS...said, adding, social security aimed to facilitate both employers and employees...doctors and 21 social security employers and workers...
- EMPLOYER, WORKER BOTH PAY INTO SOCIAL SECURITY
- Newspaper article from: Post-Tribune (IN) August 28, 1994 700+ words
...questions, contact Social Security toll- free at...salary goes toward Social Security taxes? A: In 1994, you and your employer each pay 7...taxable income into Social Security, up to $60...45 percent for employers and employees...
Source: HighBeam Research, 'No match' letters canned, rules postponed, but feds will make...