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E-Verify Update, August 2009

Michigan to consider E-Verify bills on August 19th that would require employers in Michigan to use E-Verify.  H.R. 4355 would require contractors and sub-contractors to utilize the E-Verify system to confirm the employment eligibility of new employees.  H.R. 4969 would prohibit employment agencies from referring candidates to public agencies without first verifyig the candidate’s employment eligibility through E-Verify.

Two Michigan counties have already approved mandates for local contractors.

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Colorado to adopt employment verification regulations: HB 06S-1017) requires that all public and private employers who transact business in Colorado affirm, in written or electronic copy, that it has (1) examined the legal work status of the new employee; (2) retained file copies of the employee’s identification and work authorization documents; (3) not altered or falsified the documents presented by the employee; and (4) not knowingly hired an unauthorized foreign worker.  The employer must make the affirmation within 20 days after hiring the new employee.  The proposed rules include all of the provisions listed above while also defining in detail various audit procedures and applicable fines for noncompliance.

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DHS to publish a proposal to rescind Social Security No-Match: In tomorrow’s proposal, DHS outlines the basis for its policy change, including a detailed description of E-Verify improvements, new worksite enforcement and community outreach efforts that it will be implementing in the near future. In particular, DHS’s worksite enforcement strategy now includes a restructured process for worksite administrative fines, a debarment policy that prevents employers from receiving Federal contracts when they are in violation of worksite laws, and a Document and Benefit Fraud Task Forces (DBFTF) cooperative to combat the vulnerabilities exploited by identity and document fraud organizations.  We link to the Federal Register rule.  Comments are accepted for 30 days.

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