January 7, 2008

Unlawful employment of aliens and E-Verify – This will come in handy very soon

Posted by D.A. King at 12:06 am - Email the author   Print This Post Print This Post  

UNITED STATES CODE

TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part VIII > § 1324a § 1324a.
HERE

Unlawful employment of aliens

a) Making employment of unauthorized aliens unlawful
(1) In general
It is unlawful for a person or other entity—
(A) to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien (as defined in subsection (h)(3) of this section) with respect to such employment, …
h) Miscellaneous provisions:
(2) Preemption
The provisions of this section preempt any State or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens.
(3) Definition of unauthorized alien:
As used in this section, the term “unauthorized alien” means, with respect to the employment of an alien at a particular time, that the alien is not at that time either
(A) an alien lawfully admitted for permanent residence, or
(B) authorized to be so employed by this chapter or by the Attorney General.

E-Verify

Department of Homeland Security Fact sheet http://www.usabal.com/news/2007/07-08-10%20E-Verify%20Fact%20Sheet.pdf

*E-Verify (formerly known as the Basic Pilot/Employment Eligibility Verification Program) is an Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration that allows participating employers to electronically verify the employment eligibility of their newly hired employees.

*E-Verify is free and voluntary and is the best means available for determining employment eligibility of new hires and the validity of their Social Security Numbers.

*E-verify is the only official U.S. government source that provides employers in the
United States with real-time data that takes the subjectivity out of verifying employment
eligibility.

* The primary goals of the EEV program are to protect jobs, not lose jobs, for authorized U.S. workers and to ensure a legal workforce in the United States.