The Quest to Ask the Right I-9 Questions

Workforce Week
Failing to ask for enough information exposes employers to penalties under the Immigration Reform and Control Act. Asking impermissible questions about an employee's ethnic heritage or national origin exposes employers to damages under the discrimination laws. With the number of government investigations steadily increasing, what should employers do to strike the proper balance?

By Maxiel Gomez
March 23, 2012

The Immigration Reform and Control Act of 1986 requires all employers to verify the employment eligibility of employees and imposes significant penalties for the employment of unauthorized workers.

The challenge for employers is that they may neither ask too many questions nor too few. Failing to ask for enough information exposes employers to penalties under the act. Asking impermissible questions about an employee's ethnic heritage or national origin exposes employers to damages under the discrimination laws. With the number of government investigations steadily increasing, what should employers do to strike the proper balance?

Full Story: http://www.workforce.com/article/20120323/NEWS02/120329977

Justice Department Settles Employment Discrimination Suit Against John Jay College

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Wednesday, May 19, 2010

Justice Department Settles Employment Discrimination Suit Against John Jay College

WASHINGTON – The Justice Department announced today that John Jay College, a New York City public college in the City University of New York (CUNY) system, has agreed to pay $23,260.00 in civil penalties and $10,072.23 in back pay to a former employee in order to settle a lawsuit filed by the Justice Department on April 15, 2010. The lawsuit alleged that John Jay College engaged in a pattern or practice of citizenship status discrimination by requesting documents issued by the Department of Homeland Security (DHS) from non-U.S. citizens, but not from U.S. citizens, during the employment eligibility verification Form I-9 process.
As part of the settlement, John Jay has also agreed to train its recruitment personnel on their responsibilities not to discriminate, implement a policy prohibiting discrimination on the basis of citizenship status, and provide periodic reports to the Department of Justice for three years.
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) in the Civil Rights Division, which conducted the investigation in this matter, will continue to monitor John Jay College to ensure compliance with the settlement agreement. OSC is responsible for enforcing the anti-discrimination provisions of the Immigration and Nationality Act (INA), which protect U.S. citizens and certain work-authorized individuals from citizenship status discrimination. The INA also protects all work-authorized individuals from national origin discrimination, over-documentation in the employment eligibility verification process, and retaliation.
"All workers authorized to work in the United States have the right to look for a job without encountering discrimination because of their immigration status or national origin," said Thomas E. Perez, Assistant Attorney General for Justice Department’s Civil Rights Division. "We are pleased to have reached the settlement with John Jay College, and look forward to continuing to work with all employers, both public and private, to educate them about the protections and obligations under the law."
For more information about protections against employment discrimination under the immigration laws, call 1-800-255-7688 (OSC’s worker hotline) (1-800-237-2525, TDD for hearing impaired), 1-800-255-8255 (OSC’s employer hotline) (1-800-362-2735, TDD for hearing impaired), or 202-616-5594. Email osccrt@usdoj.gov, or visit the website at http://www.usdoj/gov/crt/osc.
10-591
Civil Rights Division
http://www.justice.gov/opa/pr/2010/May/10-crt-591.html

USCIS Seeks Comments on I-9 Information Collection

The Department of Homeland Security is seeking comments on the paperwork burden related to the I-9 form, Employment Eligibility Verification. The comment period has been extended for 30 days and the new deadline is May 28, 2009. The Federal Register notice is below:

DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services

Agency Information Collection Activities: Form I-9, Extension of an Existing Information Collection, Comment Request ACTION: 30-Day Notice of Information Collection Under Review: Form I-9, Employment Eligibility Verification; OMB Control No. 1615-0047.-----------------------------------------------------------------------

The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) has submitted the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the Federal Register on December 17, 2008, at 73 FR 76505 (page 76510), allowing for a 60-day public comment period. USCIS did not receive any comments for this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged[[Page 19234]]and will be accepted until May 28, 2009. This process is conducted in accordance with 5 CFR 1320.10.

Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Products Division, Clearance Office, 111 Massachusetts Avenue, Washington, DC 20529-2210. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov, and to the OMB USCIS Desk Officer via facsimile at 202-395-6974 or via e-mail at oira_submission@omb.eop.gov. When submitting comments by e-mail please make sure to add OMB Control Number 1615-0047 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of this Information Collection: (1) Type of Information Collection: Extension of a currently approved information collection. (2) Title of the Form/Collection: Employment Eligibility Verification. (3) Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection: Form I-9. U.S. Citizenship and Immigration Services. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households. This form was developed to facilitate compliance with section 274A of the Immigration and Nationality Act, which prohibits the knowing employment of unauthorized aliens. The information collected is used by employers or by recruiters for enforcement of provisions of immigration laws that are designed to control the employment of unauthorized aliens. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: This figure was derived by multiplying the number of respondents (78,000,000) x frequency of response (1) x hour per response (9 minutes or 0.15 hours). The annual record keeping burden is added to the total annual reporting burden which is based on 20,000,000 record keepers at (3 minutes or .05 hours) per filing. (6) An estimate of the total public burden (in hours) associated with the collection: 12,700,000 annual burden hours. If you need a copy of the proposed information collection instrument with instructions, or additional information, please visit: http://www.regulations.gov/search/index.jsp If additional information is required contact: USCIS, Regulatory Products Division, 111 Massachusetts Avenue, Washington, DC 20529-2210, (202) 272-8377. Dated: April 23, 2009.Stephen Tarragon,Deputy Chief, Regulatory Products Division, U.S. Citizenship and Immigration Services.[FR Doc. E9-9619 Filed 4-27-09; 8:45 am]

http://edocket.access.gpo.gov/2009/E9-9619.htm

USCIS Reminds all U.S. Employers of Requirements to Use Revised Form I-9, Employment Eligibility Verification

U.S. Citizenship and Immigration Services

WASHINGTON, April 3, 2009 — U.S. Citizenship and Immigration Services (USCIS) issued a reminder that the revised Form I-9, Employment Eligibility Verification (Rev. 02/02/09), goes into effect today for all U.S. employers. The revision date is printed on the lower right-hand corner of the form.
The interim final rule, published Dec.17, 2008 in the Federal Register, revised the list of documents acceptable for the Employment Eligibility Verification (Form I-9) process. Employers may no longer use previous versions of the Form I-9.
The revised list improves the security and effectiveness of the Form I-9 process. The list specifies that expired documents are no longer acceptable forms of identification or employment authorization. Allowing for expired documents makes it more difficult for employers to verify an employee’s identity and employment authorization and compromises the Form I-9 process.
USCIS also updated the Handbook for Employers – Instructions for Completing Form I-9 to reflect the requirements of the revised Form I-9.
Employers who do not have computer access can order Forms I-9 by calling our toll-free forms line at 1-800-870-3676.
USCIS forms and information on immigration laws, regulations, and procedures can also be requested by calling the National Customer Service Center toll-free at 1-800-375-5283.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=37a38d8b3b760210VgnVCM1000004718190aRCRD&vgnextchannel=55b2aca797e63110VgnVCM1000004718190aRCRD