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villages/hispanic/ AP Headlines Update Page
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Campaigns woo new Hispanic citizens as
key bloc |
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Obama backers: McCain is losing Hispanic support |
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Hispanic group seeks better relations |
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Pioneering Hispanic activist
Dionicio Morales dies |
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Massive Latino voter
registration drive launched |
villages/hispanic/ AP Headlines Update Page
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New opportunities section added
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Ice on Immigration: Feds’ new
“get tough” policy searching for the undocumented
By L. Patricia Ice, Featured
Columnist
Question: I heard that there is a policy the federal government will
implement next month regarding names that do not match social security
numbers in employment settings. Is this true?
Answer: Yes. In a "get tough" policy, the Department of Homeland
Security (DHS) has a new federal regulation regarding "social security
no-match" letters that are sent to thousands of employers each year. The
Social Security no-match letter is a letter from the Social Security
Administration (SSA) that informs an employer that the name and social
security number submitted on an Internal Revenue Service (IRS) form W-2
do not match the information registered with the Social Security
Administration.
The
new rule allows the Immigration and Customs Enforcement (ICE) branch of
DHS to use receipt of the no-match letter as evidence that the employer
has "constructive knowledge" that an employee is unauthorized to work in
the United States. If, however, the employer is shown to be unaware of
the illegal status of the employer, he would be granted a "safe harbor"
even if the worker is later found to be undocumented. On the other hand,
the "safe harbor" would not apply to a situation in which DHS believes
the employer had "actual" knowledge it was hiring undocumented workers.
Pursuant to the new rule, the employer would receive a "no match" letter
from the SSA, along with a letter from ICE informing the employer on how
to respond to the "no match" letter. If an employer receives a
"no-match" letter, the employer should not automatically assume
that the mismatch is the result of any wrongdoing on the part of the
employee. Furthermore, an employer who takes action against an employee
based on nothing more than a "no-match" letter may be violating the law.
Nonetheless, the new requires the employer to check its records within
30 days to ensure that the discrepancy or "no-match" is not a
typographical or clerical error. If there is an error, the employer must
correct the information and verify the corrected data with the SSA or
the DHS. DHS considers that a no-match has been resolved only when the
employer verifies with SSA or DHS that the information corresponds with
the proper agency’s records.
If
the discrepancy is not resolved within 90 days, the employer must
re-verify the individual’s work authorization by completing a new DHS
I-9 employment eligibility verification form without using the documents
that were the subject of the "no match" letter. If the employee is
unable to resolve the no-match, the employer may choose to terminate the
employee or run the risk that DHS will determine that the employer had
"constructive knowledge" that the employee is unauthorized to work in
the United States.
Editor’s note: A
federal judge has granted a temporary restraining order prohibiting the
Social Security Administration from mailing no-match notices to 140,000
employers. Federal District Judge Mexine Chesney set an October 1 date
for a hearing on the case brought by the AFL-CIO alleging the no-match
letters violate workers’ rights.
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