Allegiant Solutions

It’s an epidemic problem!

All but four of the 29 illegal aliens arrested last week in an immigration raid at the world’s largest hog processing plant had stolen the identities of American citizens.

The U.S. Attorney’s Office said all 25 of the illegal aliens were charged on Monday with identity theft either worked or were former employees of Smithfield Foods Inc. They were arrested last week in a raid on the plant and various homes.

The 25 illegal aliens charged with identity theft face two-year prison sentences if convicted. U.S. Attorney George Holding said the group may have purchased or stolen the identities through a “myriad of ways” – to include computer hacking, fraudulent e-mails and dumpster diving - and didn’t acquire the information from a single location.

Smithfield employs about 5,000 workers and processes up to 32,000 hogs daily at the plant in Tar Heel, about 80 miles south of Raleigh.

For more ways to verify fraudulent documents, consider subscribing to Allegiant Solutions.

One of the biggest problem employers face when filling out the Form I9, also known as the Employment Eligibility Verification Form, is that it is not as simple as it appears. Employers who do not know what they are doing when filling out this form are setting themselves up for lawsuits by employees and/or government audits.

One of the most important aspects of the Form I9 for employers to understand is that they cannot specify which type of identification document(s) an employee must present at the time of a hire. Specifying the identification document presented has been called document discrimination; companies have been sued and lost millions due to this snare in the regulation. There are a countless variety of identification documents that no one employer can accurately verify is authentic. This means that an employer must become a document expert on all forms of identity documents listed in the M-274, and they are not few in number.

There are three lists of documents in the M-274 from which a newly hired employee may choose to present to his/her employer.

List A

List A contains documents that on their own satisfy both the requirement of identity and employment eligibility. They are as follows:

•United States Passport
•Certificate of United States Citizenship (INS Form N560 or N570)
•Certificate of Naturalization (INS Form N550 or N-570)
•Unexpired foreign passport which:

Contains an unexpired stamp, which reads “processed for I-551, Temporary Evidence of Lawful Admission for permanent residence. Valid until ______, Employment authorized;” or

Has attached to it a Form I-94 bearing the same name as the passport and containing an employment authorization stamp, so long as the period of endorsement has not yet expired, and the proposed employment is not in conflict with any restrictions or limitations identified on the Form I-94.

•Alien Registration Receipt Card (INS Form I-151 or I-551) provided that it contains a photograph of the bearer.
•Unexpired Temporary Resident Card (INS Form I-688)
•Unexpired Employment Authorization Card (INS Form I-688A)
•Unexpired reentry permit (INS Form I-327)
•Unexpired Refugee Travel document (INS Form I-571)
•Unexpired Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B) (you need to insert a footnote or reference to say that you got this information from the handbook)

Lists B and C on the other hand, lists documents that must be presented in conjunction with one another. List B establishes identity only and list C establishes employment eligibility only.

List B

For individuals 18 years of age or older:

•Driver’s license or ID card issued by a state or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, sex, height, eye color, and address.
•ID card issued by federal, state, or local government agencies or entities provided it contains a photograph or information such as name, date of birth, sex, height, eye color, and address (including U.S. Citizen ID card{INS Form I-197} and ID Card for use of Resident Citizen in the U.S. {INS Form I-179})
•School identification card with a photograph
•Voter’s Registration Card
•United States military card or draft record
•Military dependent’s identification card
•United States Coast Guard Merchant Mariner Card
•Native American tribal document
•Driver’s license issued by a Canadian government authority

For individuals under the age of 18 who are unable to present on the documents listed above:

•School record or report card
•Clinic, doctor, or hospital record
•Day-care or nursery school record

List C

Documents that establish employment eligibility

•U.S. Social Security Number Card other than one which has printed on its face “NOT VALID FOR EMPLOYMENT”

NOTE: This must be a card issued by the Social Security Administration; a facsimile (such as a metal or plastic reproduction) is not an acceptable document.

•Certificate of Birth Abroad issued by the Department of State (Form FS-545 or Form DS-1350)
•Original or certified copy of a birth certificate issued by a state, county, municipal authority, or outlying possession of the United States bearing an official seal
•Native American tribal document
•U.S. Citizen ID Card (INS Form I-197)
•ID Card for Use of Resident Citizen in the U.S. (INS Form I-179)
•Unexpired employment authorization document issued by the INS

Note: The above list of documents was obtained from the M-274 Handbook for Employers.

As you can see, the list of documents is long. Considering that each state has several different types of driver’s licenses as well as IDs, the size of the list becomes staggering. In order for employers to become compliant with government regulations as well as to avoid hefty lawsuits and fines; employers need to have the proper tools that will help them to determine whether a document is real or fake. With Allegiant Solutions an employer can be confident in filling out the Form I9, knowing that they have gone above and beyond the government’s expectations to stay compliant.

For more ways to verify identity documents, consider subscribing to Allegiant Solutions.

The Michigan State ID card is called the Personal Identification Card (PID) and is available for all Michigan residents who don’t have a driver license.

Today if you don’t have some form of photo ID, you may not be able to write personal checks to merchants or cash checks made out to you at banks. In fact, merchants will not allow you to make credit card purchases unless you have a photo ID. In the future, The REAL ID Act will require you to have a photo ID to be able to board an airplane.

The Michigan State PID card will cost $10 and there is no minimum age for the card. If you are over 65 years old, are legally blind, or have had your license revoked, suspended, or denied for a physical or mental disability, there is no charge.

To apply for a PID you must appear in person at a Secretary of State Branch office and request a Personal Identification Card. You will need proof of residency, proof of your identity and birth date.

The PID card is valid for four years, and is renewable. In Michigan you can renew your PID card through the mail or by visiting a Secretary of State Branch office. The Michigan PID card renewal fees are $10; there is no fee for people older than 65 or for those who are no longer eligible to drive because of physical or mental impairment.

For more ways to verify a Michigan State ID, consider subscribing to Allegiant Solutions.

The Certificate of Citizenship (form N-560 or N-561) is proof of an individual having obtained U.S. citizenship. Citizenship of the United States can be obtained through derivation or acquisition at birth. For example, your U.S. citizen parents were living in Canada when you were born. Or, your parent(s) became naturalized when you were under 18 years of age and met the special conditions of the law. The Certificate of Citizenship is a document that is issued by the U.S. Citizenship and Immigration Service (USCIS).

Form I-688B, Employment Authorization Cards, are issued to all individuals admitted as refugees under section 207 of the Immigration and nationality act (INA) immediately upon their arrival in the United States and to all individuals granted asylum under section 208 on the INA immediately upon the grant of asylum.

Elimination of Form I-688B, Employment Authorization Card

U.S. Citizenship and Immigration Services (USCIS) currently issues two types of employment authorization documents, Form I-766, Employment Authorization Document (EAD), and Form I-688B, Employment Authorization Card. Form I-766 is produced at the Integrated Card Production System (ICPS) in Corbin, Kentucky, accounting for approximately 88% of the EADs produced on behalf of USCIS. Form I-688B is produced at the various Field Offices and comprises the remaining 12%.

Numerous vulnerabilities exist with the manual production of EADs at the Field Offices. Some of the risks include inconsistent frequency of data uploads to mainframe systems, lack of uniform quality of EAD issuance and limited security measures. Since the standalone EAD system was originally developed and implemented in 1989, there are now various issues pertaining to outdated card technology, obsolete equipment, ongoing equipment problems, and lack of maintenance support.

Beginning September 1, 2006, USCIS will reduce the need for locally produced EADs in order to reach a goal of total elimination of Form I-688B issuance by October 1, 2006.

 For more information consider subscribing to Allegiant Solutions.

The Alien Registration Card (Permanent Resident Card - Form I-551), also know as a green card is issued to all Permanent Residents as proof of alien registration and their permanent status in the United States. This card must be in your possession at all times. This requirement means that you are not only required to have a valid Form I-551 at all times, but also that you must carry this card on your person at all times. The Alien Registration Card currently is issued with a 10 year expiration date. Your status as a Permanent Resident does not expire at the expiration date, only the card expires. The Alien Registration Card is only valid up to the expiration date and must be renewed before it expires.

A Conditional Permanent Resident is issued a card that is valid for two years. In order to remain a Permanent Resident, the Conditional Permanent Resident must file a petition to have the conditional status removed during the 90 days before the card expires. The conditional card Alien Registration Card cannot be renewed. The condition must be removed, or you lose your Permanent Resident Status.The Alien Registration Card (either unconditioned or conditioned) can be used to prove your employment eligibility in the United States when completing the Form I-9 for a new employer. The Alien Registration Card can also be used to apply for a Social Security Card and a state issued driver’s license. The Alien Registration Card is valid for re-admission into the United States if you take a trip outside the United States and was not away for more than one year in length. If your trip will last longer than one year, you will need to apply for a re-entry permit.

Relatives
A Permanent Resident can petition for some relatives to join him or her in the United States as immigrants. Those relatives are your spouse and children, regardless of age.

If you have a spouse and children when you become a Permanent Resident, they may be eligible for permanent residence status through you without filing separate petitions. This depends on how you qualified for your permanent residence. You should ask an immigration officer, attorney, or voluntary help organization for advice about this.

Voting
One of the most important privileges of democracy in the United States of America is the right to participate in choosing elected officials through voting. As a Permanent Resident you can only vote in local and state elections that do not require you to be a US citizen. It is very important that you do not vote in national, state or local elections that require a voter to be a US citizen when you are not a US citizen. There are criminal penalties for voting when you are not a US citizen, and it is a requirement for voting. You can be removed (deported) from the US if you vote in elections limited to US citizens.

Responsibilities
As a Permanent Resident you are required to obey all of the laws of the United States, the 50 States, and localities. You are required to file your income tax returns and report your income to the US Internal Revenue Service and State IRS. You are expected to support the democratic form of government and cannot attempt to change the government through illegal means. If you are a male, age 18 through 25, you are required to register with the Selective Service.

You can abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.
• Remain outside of the U.S. for more than one year without obtaining a reentry permit or returning resident visa.
• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa.
• Failure to file income tax returns while living outside of the US for any period.
• Declare yourself a “non-immigrant” on your tax returns.

You can lose your permanent residence status if you commit an illegal act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

Many Permanent Residents of the United States have the ultimate goal of becoming a US citizen. Naturalization is the primary method for most persons not born as US citizens to obtain that status.

 For more information consider subscribing to Allegiant Solutions.

In New Mexico, if you are a driver between the ages of 15 and 17, you must take a driver’s education course before DMV will issue a provisional license. After driving for six months without an incident, DMV will then issue you a regular driver’s license.

Driver’s education course will include 35 hours of classroom time and 50 hours of supervised driving. After completing the required hours, you must pass a written exam. If you are between the ages of 18 and 24, you will need to complete a DWI-awareness program before you are eligible for a new license.

Required Testing
All applicants for a new license must take a vision test, a written and road test before obtaining a license. If you are applying for a license after having yours revoked, then you will be required to take the written test again.

Required Documentation
You should have the following documentation with you when you apply for a license:

• Current driver’s license from out of state
• Social Security card
• Proof of residency
• Proof of completion of DWI-awareness program

For more information consider subscribing to Allegiant Solutions.

Arizona House Bill 2779, also known as the Employer Sanctions Bill, will force corporations in Arizona to raise the bar on I-9 compliance. The new law requires employers to verify that the people they employ are present in the country legally; knowing or intentional failure to do so will cause the employer’s business licenses to be suspended. A second offense can result in the “business death penalty” – a permanent revocation of an employer’s licenses to do business in Arizona.

The problems which many employers face, not only in Arizona, but throughout the United States is, “How does one verify the identity of a new employee?” The government in its infinite wisdom came up with the SAVE program which was intended to help employers verify the eligibility of newly hired individuals. The program, which helped employers verify the validity of social security numbers, missed the mark big time for employers dealing with individuals using real social security numbers but have fraudulent documents.

Swift and Company, the countries third largest meat processor, was raided December 12, 2006 by Immigration and Customs Enforcement. Swift and Company had participated in the SAVE program for more than ten years, but that did not help Swift when it came to I-9 Compliance. Why? Because the validity of a number means nothing if the person standing in front of you is not who he or she claims to be.

The real solution for Arizona I-9 Compliance as well as with any I-9 compliance is the verification of the identity documents presented. Most human resource personnel have no idea what kind of security features to look for when they examine the documents required to establish identity and worker eligibility. Therefore, human resource personnel must become document experts in order to save their companies from costly government audits; as well as lawsuits being filed by legal status employees against companies who are out of compliance.

In today’s shrinking world, there is a tremendous need for the human resources person to have all the tools for document verification at their fingertips. There are a myriad of documents that can be presented during the hiring process and a human resources person cannot specify which document or documents must be submitted. Having a subscription to Allegiant Solutions will enable an employer to confirm that the person in front of him/her and the person in the document presented are the same.

For more information concerning on being compliant with Arizona House Bill 2779, consider subscribing to Allegiant Solutions.

On Friday, the Bush administration said it would increase scrutiny and impose heftier fines on U.S. businesses that employ illegal immigrants as it sought to step up enforcement despite Congress’s failure to reform immigration laws.

Homeland Security Secretary Michael Chertoff said, the employers who ignore immigration laws will face an increased likelihood of criminal charges and 25 percent higher penalties.

Currently, employers must verify that their workers are in the United States legally by collecting their Social Security numbers and immigration documents. Those numbers are checked against the U.S. government’s database, and employers are notified of those that don’t match up.

Under the new rule, which will take effect in 30 days, employers notified of a mismatch will have 90 days to confirm that the employee is in the country legally, or fire them if not.

Those who do not comply could face fines of up to $12,500 per violation, a 25 percent increase over the existing maximum, as well as possible criminal charges.

For more information consider subscribing to Allegiant Solutions.

The Associated Press

Published: August 8, 2007

BOSTON: Homeland Security chief Michael Chertoff said Wednesday that he would strengthen enforcement of existing laws, including in the workplace, in light of the failure of immigration reform in Congress. (more…)