QUOTE(billfmsd @ Jul 24 2008, 12:06 AM)

Exactly --- what do you think E-verify problems are --- they are administrative problems...Not the kind of administrative problems that would hinder immigrating, becoming a citizen. E-verify is not about immigrating. It's about verifying the status of citizens.
The subtly of your obfuscation amazes me. Rarely do you respond in context.
On the other hand, the obviousness of your obfusctaion...is clearly evident...
I am responding in context...speaking of two different things...
1. Problems with the administration of our legal immigration system have complicated and caused employers and illegal immigrants to use the illegal system rather than the legal system...this is a reality -- which I posted evidence for you to see -- but which you continue to deny...
Bill will not cut illegal immigration
By Oxford Analytica
http://thehill.com/op-eds/bill-will-not-cu...2007-06-13.htmlPosted: 06/13/07 06:52 PM [ET]
President George Bush on Monday vowed to push the bipartisan comprehensive immigration reform bill through Congress. That bill stalled in the Senate on June 7.
The focus of political controversy is on the more than 12 million undocumented immigrants illegally residing in the United States. However, in a very tight labor market, demand for both skilled and unskilled immigrant labor is still rising — a phenomenon that the bill only begins to address.
Lawmakers remain bitterly divided over an immigration bill designed to limit illegal immigration and increase opportunities for skilled immigrants to reside in the United States, thus ending the almost total U.S. reliance on family migration (or “chain migration”) for additional immigrant labor. Reducing family migration and increasing skilled migration each have their opponents, but the focus of the debate is on illegal immigration and whether the bill will address it.
The Senate bill, as drafted, has five key elements:
Border security.
In an effort to deter illegal immigration, border security provisions receive a particular emphasis, including:
•increasing border fencing;
•increasing vehicle barriers at the southern border;
•boosting the size of the Border Patrol; and
•installing ground-based radar and camera towers along the southern border.
Alone, these measures would be meaningless. For years, Washington has poured huge amounts of money into border enforcement, to little effect. Demand for entry is too high; the border is long and difficult to patrol; and traffickers are adept at staying one step ahead of border enforcement rules.
Employer sanctions.
Scholars have long argued that policy should target employers who offer jobs to illegal immigrants, rather than the migrants who take them. To this end, the bill:
•creates a single electronic Employment Eligibility Verification System (EEVS), which would require employers to check prospective employees’ details against government databases;
•requires all employers to use EEVS to verify the employment eligibility of existing and future workers;
•limits the range of government-issued documentation (Social Security cards, driver’s licenses, birth certificates) that can be checked against EEVS;
•raises the maximum criminal penalty for “a pattern or practice” of hiring illegal workers from $3,000 per alien to $75,000 per alien; and
•boosts civil penalties sharply.
‘Path’ to legal residency.
The most controversial measure gives illegal migrants a “path” to legal residency. The administration and its backers have argued that, as conditions are attached, the measure is not an “amnesty.” Instead, it allows illegal immigrants to apply for a temporary Z Visa:
To obtain the visa, undocumented migrants must acknowledge that they broke the law, pay a $1,000 fine, and undergo criminal background checks.
Z Visa status does not confer welfare benefits or sponsorship rights.
To obtain a regular legal-residency green card, Z Visa workers must wait in line behind those who applied lawfully, pay an additional $4,000 fine, complete accelerated English requirements, leave the United States and file their application in their home country, and demonstrate merit based on their skills and attributes.
Guest workers.
The bill would also institute new Y Visas for individuals who wish to work in the United States temporarily. Applicants for Y Visas:
•may stay for up to three two-year periods, with at least a year in between;
•must be paid the minimum wage;
•have no access to welfare benefits;
•may only bring their family members for one of their two-year stays; and
•must leave permanently when their visa expires.
However, in the course of Senate negotiations, the overall quota for Y Visas was reduced to just 300,000 per year.
Merit-based immigration.
Currently, 70 percent of all legal U.S. immigrants are family migrants, and only 65,000 temporary visas (H1-Bs) are available for skilled migrants. Transferring from an H1-B to permanent residency (green card) status requires a long and expensive sponsorship process. The bill seeks to reduce the U.S. reliance on family migration by linking visas for skilled immigrants to the demand for particular workers in the U.S. economy. This would involve:
•eliminating green cards for the adult children and siblings of U.S. citizens, and capping green cards for parents of U.S.
citizens;
•limiting accompanying family members to immediate relatives (parents, young children) as opposed to extended family members (grandparents, brothers, older children);
•allocating temporary and permanent visas that give priority to skill, education (with added points for science and math), language competence, employer offers, and age; and
•eliminating the lottery system.
There would be 380,000 visas available under the merit-based system for skilled immigrants. Permanent merit-based visas would come with the entitlement to bring immediate family members.
Effect on immigration.
The immigration bill’s supporters maintain that it would serve U.S. interests by attracting more skilled workers and decreasing legal immigration. However, these claims are open to challenge. Given the dynamism of the U.S. economy, it is already very easy to attract skilled workers — there simply are not enough visas available to meet employer demand. Moreover, it is very doubtful that the bill would lead to a decrease in overall immigration to the United States.
Increased illegal immigration? http://thehill.com/op-eds/bill-will-not-cu...2007-06-13.htmlThe bill may actually lead to an increase in illegal immigration, for two broad reasons:
•labor demand/supply problems. Some 800,000 illegal migrants enter the United States annually, fuelling a massive demand for unskilled labor:
Unmet demand. The proposed quota to allow in up to 300,000 unskilled immigrants through the guest-worker program will be insufficient to meet demand. Therefore, the remaining 500,000 members of the annual influx will seek to incorporate themselves into the labor market illegally.
More trafficking? The bill may make the U.S. more attractive to human traffickers, who will lure more migrants with the promise that they can take advantage of Y or Z visas.
Flawed employer verification. While the proposed EEVS system is elaborate, it will only catch employers honest enough to run documents through it. If employers do not bother, it is not obvious how the rules can be enforced. This potential expansion of the “black economy” may have the perverse effect of reducing tax revenue. (Currently, illegal migrants often pay Social Security contributions and tax on the basis of forged identification.)
•guest-worker problems. Guest-worker programs have historically suffered from several problems, which may be particularly salient in the United States:Despite several notable advantages over the United States — national identification cards, an extensive system of internal checks, much more thorough document-checking and a higher tolerance for state intrusion into private life — Germany could not effectively police its post-war guest-worker program.
There are no U.S. exit controls, which make verification that individuals have left the country, as opposed to a job, very difficult.
While 70 percent of the people who came as guest workers to Germany in the 1960s and 1970s returned home, several million remained.Oxford Analytica is an international consulting firm providing strategic analysis on world events for business and government leaders. See www.oxan.com .
This is distinct from the e-verify issue...2. I know what E-verify is -- and E-verify problems --- cause problems for employers to know that they have the right information...because the database is not accurate....

How Errors in Basic Pilot/E-Verify Databases Impact
U.S. Citizens and Lawfully Present Immigrants
April 2008
http://www.immigrationpolicy.org/images/Fi...ctsUSC04-08.pdfThe Basic Pilot/E-Verify employment eligibility verification program is being sold as an
easy fix that would curb unauthorized employment by undocumented immigrants. But
state laws mandating businesses to use Basic Pilot/E-Verify, federal administrative efforts
to expand the program, and congressional proposals to require its use by all employers entirely
ignore the effect the program will have on U.S. citizens and lawfully present noncitizens. The
program has been plagued by serious problems since its inception in 1997, including (1) its
reliance on government databases that have unacceptably high error rates that misidentify workauthorized
individuals as not employment-eligible and (2) employer misuse of the program to
take unjustified adverse action against workers.1 These deficiencies will be magnified many
times over if the program is further expanded before they are addressed. The inevitable result
will be to threaten the livelihood of hundreds of thousands of citizens and lawfully present
immigrants who may be either wrongfully dismissed from or refused employment.
Database errors incorrectly identify U.S. citizens as not authorized for
employment.
A 2007 independent evaluation of Basic Pilot/E-Verify commissioned by the U.S.
Department of Homeland Security (DHS) found that “the database used for verification is
still not sufficiently up to date to meet the [Illegal Immigration Reform and Immigrant
Responsibility Act] requirements for accurate verification.”2
These database errors have a disproportionate impact on foreign-born U.S. citizens, with
almost 10 percent initially being told that they are not authorized to work (versus 0.1
percent for native-born U.S. citizens).3 Between October 2006 and March 2007, about
3,200 foreign-born U.S. citizens were initially improperly disqualified from working by
Basic Pilot/E-Verify.4
o Juan Carlos Ochoa became a citizen in 2000. When he applied for and was offered a
job at a car dealership in early 2008, his employer used Basic Pilot/E-Verify to verify
his employment eligibility. The employer received a “tentative nonconfirmation”
notice due to errors in the Social Security Administration’s (SSA’s) database; 5 SSA
did not have any record of Ochoa’s naturalization. Upon receiving the notice,
Ochoa’s employer fired him, a violation of Basic Pilot/E-Verify rules. Because he is
out of work, he is late on his rent and his electricity has been shut off. Though Ochoa
has a U.S. passport, the local SSA office told him that he must bring in his
naturalization certificate to prove his U.S. citizenship, but he lost it years ago. To
comply with this unreasonable requirement, Ochoa will have to pay close to $400 and
wait up to ten months for a replacement certificate.6
o Abel Pacheco, a naturalized U.S. citizen for eight years, went to look for a new job in
Arizona when he lost his job as a truck driver because of the worsening economy. He
applied with eight different companies, but couldn’t figure out why no one called him
T
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National Immigration Law Center | www.nilc.org
back with a job offer. When he finally found work, his new employer notified him
that it had received a tentative nonconfirmation of employment eligibility notice for
him, which turned out to be due to an error in SSA’s database. (It’s very possible that
one or more of the companies that didn’t call him back had run his information
through Basic Pilot/E-Verify and, upon receiving a tentative nonconfirmation, decided
not to take a chance on hiring him. This is an illegal but not uncommon practice (see
below).) By the time Pacheco cleared up the problem by presenting his citizenship
certificate at his local SSA office, the few weeks without an income had forced his
family into financial trouble. “I have to come home and see my wife in the face and
my babies in the face and tell them, you know, that we’re not in the same position we
used to be, and it’s really hurtful, it’s very anguishing because that’s the last thing a
father wants to say to his family,” Pacheco told a reporter.7
o Ken Nagel, a restaurant owner in Phoenix, Arizona, expressed scorn regarding Basic
Pilot/E-Verify after he recently hired one of his daughters, a native-born U.S. citizen,
and, upon feeding her information into the system, received a nonconfirmation of her
eligibility to be employed in the U.S.8
Database errors incorrectly identify lawfully present immigrants as not
authorized for employment.
Due to database errors, foreign-born lawful workers are 30 times more likely than nativeborn
U.S. citizens to be incorrectly identified as not authorized for employment.9
o A refugee applied for a job with an oil production company in Texas in 2007. When
his employer entered his information into Basic Pilot/E-Verify, the employer received
a tentative nonconfirmation notice due to errors in SSA’s database. After receiving
the notice, the company fired the worker without giving him an opportunity to contest
the finding, which opportunity is required under law. The refugee went on his own to
SSA to correct the matter, but it wasn’t until the Office of Special Counsel for
Immigration-Related Unfair Employment Practices (an office within the Civil Rights
Division at the U.S. Justice Department) intervened that the company hired him
back.10
o An employment-authorized immigrant was hired by a laundry facility in Minneapolis,
Minnesota, in 2008. His employer was enrolled in Basic Pilot/E-Verify, but when the
employee’s name was entered into the system, his employer received a tentative
nonconfirmation notice about the worker because of discrepancies in SSA’s database.
The worker was able to resolve the issue with the local SSA field office; however,
when the employer reentered his information into the system, the employer received a
“final” nonconfirmation. Although the employer wanted to keep the worker, under
Basic Pilot/E-Verify rules, the employer had to fire the worker or risk being found
liable for violating immigration laws.11
Employers violate Basic Pilot/E-Verify rules.
The 2007 evaluation of Basic Pilot/E-Verify found that the rate of employer
noncompliance with the program rules is “substantial.”12 Specifically, employers engaged
in prohibited employment practices, including preemployment screening, adverse
employment action based on tentative nonconfirmation notices, and failure to inform
workers of their rights under the program.13
o A lawfully present immigrant worker applied for and was offered a job by a
construction, fabrication and maintenance company in Texas in January 2008. The
employer was enrolled in Basic Pilot/E-Verify and received a tentative
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National Immigration Law Center | www.nilc.org
nonconfirmation notice about the worker. Violating program rules, the employer did
not give the worker the opportunity to contest the notice. Despite this, the worker
went to the local SSA office and received the appropriate confirmation that he was, in
fact, authorized to work. Even with clarification from SSA, the employer refused to
take the worker back. The worker even enlisted the help of an attorney, who sent a
letter to the employer outlining its obligations under Basic Pilot/E-Verify. The
employer failed to respond.14
o A naturalized U.S. citizen used the services of an employment services company in
San Francisco, California, in November 2007 to look for a job. After applying online,
she was given an appointment and told that there were a number of employers that
would be interested in her based on her extensive work history. The next day, the
employment agency told her that she could not be offered a job because the agency
could not verify her U.S. citizenship. The employment services company was
enrolled in Basic Pilot/E-Verify and received a tentative nonconfirmation notice about
the worker because the system, including the federal databases on which it relies,
could not make a determination about her work authorization. The employment
agency violated Basic Pilot/E-Verify rules by refusing to give her a copy of the notice,
though she requested one in order to seek legal advice. The agency demanded that
she sign the notice right away so it could destroy copies of her documents. When she
refused, the employment agency told her that it could not place her because she was
ineligible to work in the U.S.15
——————————
FOR MORE INFORMATION, CONTACT
Tyler Moran, employment policy director | moran@nilc.org | 208.333.1424
NOTES
1 For a summary of NILC’s concerns, see BASIC PILOT/E-VERIFY: NOT A MAGIC BULLET (NILC, Jan.
2008), www.nilc.org/immsemplymnt/ircaempverif/e-verify_nomagicbullet_2008-01-04.pdf.
2 FINDINGS OF THE WEB BASIC PILOT EVALUATION (hereinafter “FINDINGS”) (Westat, Sept. 2007),
www.uscis.gov/files/article/WebBasicPilotRprtSept2007.pdf, at xxi, emphasis added. U.S. Citizenship and
Immigration Services’ webpage, “Findings of the Web-Based Basic Pilot Evaluation,” which links to
related files, is at
www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=89abf90517e
15110VgnVCM1000004718190aRCRD&vgnextchannel=a16988e60a405110VgnVCM1000004718190aR
CRD.
3 FINDINGS at 50.
4 Nicholas Riccardi, “Arizona Slams Door on Illegal Immigrants: Some Citizens Have Been Bruised, Too,
as the State Cracks Down,” LOS ANGELES TIMES, Apr. 5, 2008,
www.latimes.com/news/nationworld/nation/la-na-arizimmig5apr05,1,6970275,full.story.
5 Employers receive a “tentative nonconfirmation” notice from either SSA or DHS when the agencies are
unable to automatically confirm a worker’s employment eligibility. A “tentative nonconfirmation” notice
is not an indication of an immigration violation, and workers have the right to contest the finding with the
appropriate agency.
6 Veronica Sanchez, “U.S. Citizen Claims He’s Victim of Employer Sanctions,” 12 News, Mar. 7, 2008,
http://img.azcentral.com/12news/news/artic...ns03072008.html. See also Riccardi, supra
note 4.
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7 Christina Boomer, “Some Valley Workers Having Trouble with E-Verify,” KPNX-TV, Phoenix, Mar. 24,
2008, www.abc15.com/news/local/story.aspx?content_id=07e5d455-d95b-4fbb-be43-2d1ee7318972.
8 Ronald J. Hansen, “Economy Serves Up Unhappy Meal: Worst Lull in 2 Decades is Hurting Valley
Restaurateurs,” ARIZONA REPUBLIC, Mar. 3, 2008, www.azcentral.com/business/articles/0303biz-econrestaurants0303.
html.
9 See FINDINGS, supra note 2, at xii-xiii.
10 Office of Special Counsel for Immigration-Related Unfair Employment Practices, Civil Rights Division,
U.S. Department of Justice, TELEPHONIC INTERVENTIONS: OCTOBER 1, 2006 – SEPTEMBER 30, 2007.
11 Case relayed to NILC staff by Bruce Nestor of De León & Nestor, Minneapolis, Minnesota, in April
2008.
12 See FINDINGS, supra note 2, at xxii.
13 See id. at xxiii.
14 Information provided to NILC by the Southern Poverty Law Center in January 2008.
15 Technical assistance request call received by NILC in December 2007.