Homeland Security Announces Temporary Protected Status for Haitian Nationals
Homeland Security Secretary Janet Napolitano announced last week a temporary protected status ("TPS") for Haitian nationals who were in the United States as of January 12, 2010. The temporary status will allow eligible Haitian nationals to continue living and working in the United States for the next 18 months. "Providing a temporary refuge for Haitian nationals who are currently in the United States and whose personal safety would be endangered by returning to Haiti is part of this administration's continuing efforts to support Haiti's recovery," said Napolitano in a statement. Click here to read Napolitano's complete statement.
The temporary status is intended to allow Haitian nationals to stay for 18 months, authorize them to work and send remittances back to Haiti to help the nation "get back on its feet." However, Haitians who now attempt to travel to the United States will not be eligible for the temporary status and will be repatriated to Haiti.
Employers should be aware that Haitian nationals may be legally authorized to work in the United States under the TPS program without being able to present documents that would normally satisfy the requirements of form I9. Employers should review the TPS eligibility for any Haitian nationals who do apply for work. Haitians in the U.S. who may be eligible to apply for TPS should call U.S. Citizenship and Immigration Service toll-free at (800) 375-5283.
Another Day, Another E-Verify Delay
It seems like just a couple days ago that we reported that implementation of the E-Verify System was delayed until June 30. Actually, it was a couple days ago. Well, you can forget that; the The Department of Homeland Security’s Citizenship and Immigration Service (USCIS) has announced that it will delay mandatory use of E-Verify, this time until September 8, 2009. Click here to read the USCIS's press release on the delay.
Why the delay? For once, it's okay to blame the lawyers: the parties in a lawsuit over the legality of E-Verify, Chamber of Commerce of the United States of America, et al. v. Napolitano, agreed to delay implementation of the rule from June 30 until September 8 to give the Obama administration more time to review the case and determine its position. Initially, federal contractors were supposed to start using E-Verify on January 15, but the rule has been postponed, and postponed, and postponed again. Keep watching the World of Work's continuing e-verify coverage to see if the new September 8 date will stick, or whether there will be more delays.
Proposed Law Would Suspend Federal Contractors that Employ Unauthorized Aliens
Federal contractors take note: a new bill recently introduced in the House of Representatives aims to suspend or debar contractors found to employ unauthorized aliens. The bill, the Border Control and Accountability Act (H.R. 1668), was introduced by Rep. Ginny Brown-Waite (R-Florida) earlier this year. The bill also would prohibit the Department of Homeland Security from contracting with companies that do not use E-Verify. The World of Work will continue to follow this and other legislation that may impact your workplace.
E-Verify Delayed Yet Again!
Still another delay for implementation of the mandatory E-Verify system for federal contractors. The Department of Homeland Security’s Citizenship and Immigration Service (USCIS) announced for a third time that it will delay mandatory use of E-Verify, this time until June 30, 2009. Click here to read the USCIS's press release on the delay. Click here for the World of Work's continuing e-verify coverage.
E-Verify Delayed (Again) Until May 21
Another delay for implementation of the mandatory E-Verify system: The Department of Homeland Security's Citizenship and Immigration Services announced today that it will delay mandatory use of E-Verify until May 21, 2009. Click here to read DHS's press release. Why the delay? The Obama Administration wants additional time to review this and other rules that carried over from the Bush era.
As previously reported in the World of Work, President Bush's executive order would have made using E-Verify mandatory starting January 15, 2009 for federal contractors with projects exceeding $100,000 and for sub-contractors with projects exceeding $3,000. A coalition of employer's groups sued, seeking an injunction against the rule. Because of the lawsuit, the effective date of the new rule had previously been delayed until February 20, 2009.
Homeland Security Issues Final Supplemental "No-Match" Rule
Yesterday the Department of Homeland Security (DHS) issued a supplemental final rule regarding employers' obligations upon receiving a "no match" letter from the Social Security Administration (SSA). (A "no match" letter states that an employee's reported Social Security number appears invalid). The final rule is identical to the department's previous rule, which was blocked from implementation by a California federal district court; however, DHS said it hopes that additional explanatory material provided in the rule will address the issues raised by the court. For more information, read DHS's press release.
Under the final rule, the SSA will be required to include in all no-match letters information telling employers that they are required to resolve discrepancies or risk legal liability. The rule also provides employers with a "safe harbor" provision, which provides steps employers may take when they receive a no-match letter. DHS will not use anemployer's receipt of a no-match letter as evidence to find that it violated the law by knowingly employing unauthorized workers as long as the employer follows the safe harbor rules. For text of the final rule, click here.
The final rule will not be effective until published in the Federal Register, and even then it will not go into full effect until the federal court lifts its injunction against the rule - assuming the court is convinced the final rule is lawful. Stay tuned to the World of Work for further updates.
