Press Office

U.S. Department of Homeland Security

Fact Sheet

June 9, 2006

STRENGTHENING WORKSITE ENFORCEMENT

The Department of Homeland Security has announced two federal regulations to improve worksite enforcement and help prevent the use of fraudulent Social Security numbers by illegal aliens.  As part of a comprehensive strategy to strengthen the border and enhance interior enforcement, these regulations will help employers to verify employment eligibility, while allowing DHS to hold them to account for the workers that they hire. 

PREVENTING THE USE OF FRAUDULENT SOCIAL SECURITY NUMBERS

Every year thousands of employers receive “No-Match” letters informing them that the Social Security numbers of particular employees do not match the records held by the Social Security Administration of the Department of Homeland Security.  Illegal aliens frequently use fake Social Security cards to obtain employment in the U.S.  By allowing the digitization of employment forms and establishing guidelines for employers to follow, these new regulations will make it more difficult for illegal aliens to present fraudulent information to potential employers.

• Improving Employment Verification:  The first proposal would permit U.S. businesses to digitize their I-9 employment forms, which are used to verify eligibility to work in the United States.  Employers have expressed their frustration with being required to keep paper forms, while electronic forms can be more easily searched for quality and inspection purposes.

• Providing Guidance to Employers:  The second proposal would improve the ability of employers to ensure that they are not employing aliens who are not authorized to work in the U.S. 

The rule would set forth guidance for U.S. businesses when handling “No-Match” letters from the Social Security Administration concerning submitted employee Social Security numbers or from DHS concerning documents submitted by employees during the I-9 process.  It would also provide safe-harbor procedures for employers who perform due-diligence, to ensure that they are not found in violation of their legal obligation.

• Working with Congress on Meaningful Legislation:  These regulations are just a first step.  DHS is working closely with Congress on the passage of meaningful legislation that will improve our ability to find potential immigration fraud.  Under current law, the Social Security Administration is not permitted to share “No-Match” data with Immigration and Customs Enforcement (ICE).  Such information will allow us to more efficiently target our enforcement efforts.

ENHANCING INTERIOR ENFORCEMENT

DHS is increasing funding for interior enforcement, ending the policy of “catch and release”, and launching joint operations to target those who would violate the law. 

• Getting Results:  Since President Bush took office, agents have apprehended and sent home more than 6 million people entering the country illegally – including more than 400,000 with criminal records. 

• Increased Funding and Personnel for Interior Enforcement:  Since President Bush took office, the number of immigration investigators has grown 25% and funding for interior enforcement has risen 42%.  By the end of FY07, the number of ICE’s fugitive ops teams will grow from 17 to 70.    

• Ending “Catch and Release”:  President Bush is asking Congress for $327 million to end the policy of “catch and release”.  The President's FY07 budget proposes increasing the number of beds in detention facilities to 27,500 by the end of FY07.  DHS is also working to expand expedited removal.

CONTROLLING THE BORDER

Since President Bush has taken office, the size and budget of the Border Patrol has increased dramatically.  DHS is also ending the policy of catch and release and supporting state and local partners. 

Increasing the Number of Agents:  By the end of 2008, the number of Border Patrol agents are expected to double since the President took office.  Border security funding has also increased 66%.

Agents When the President Took Office: 9,096
Agents Today: 11,583 (a 27% increase)
Agents By December 31, 2008: 18,319 (a 101% increase)

Deploying 6,000 National Guardsmen to the Border:  National Guardsmen are being deployed to support and assist the Border Patrol as their new agents are trained and added.  President Bush has submitted a $1.9 billion supplemental request for these and other border security purposes. 

Supporting State and Local Partners:  DHS is working with partners to expand targeted immigration enforcement by state and local authorities.  $50 million is being requested for the expansion of training for these authorities.
Harnessing Cutting-Edge Technologies:  Through SBInet, DHS is procuring and deploying a 21st century fence comprised of sensors and cameras.  In one year, DHS’ one UAV was responsible for the apprehension of 2,300 illegal migrants and 4 tons of marijuana.

Press Office

U.S. Department of Homeland Security

Press Release

June 9, 2006

                                                     Contact:  DHS Press Office, 202-282-8010

DHS announces federal regulations to improve worksite enforcement and asks congress to approve social security “no match” data sharing

WASHINGTON – – President Bush recently announced that the federal government would make it easier for employers to verify employment eligibility and continue to hold them to account for the workers they hire.  To that end, the Department of Homeland Security (DHS) announced today the release of two federal regulations to help businesses comply with current legal hiring requirements intended to reduce the employment of unauthorized aliens. 

The first proposal would permit U.S. businesses to digitize their I-9 employment forms, which are used to verify eligibility to work in the United States.  The other proposed regulation would set forth guidance for U.S. businesses when handling no-match (i) letters from the Social Security Administration (SSA) concerning submitted employee Social Security numbers or from DHS concerning documents submitted by employees during the I-9 process.

“Most businesses want to do the right thing when it comes to employing legal workers,” said Homeland Security Secretary Michael Chertoff.  “These new regulations will give U.S. businesses the necessary tools to increase the likelihood that they are employing workers consistent with our laws.  They also help us to identify and prosecute employers who are blatantly abusing our immigration system.”

Typically, when a worker’s Social Security number does not match that worker’s name on tax or employment eligibility documents, the federal government sends out a “no-match” letter asking them to resolve the discrepancy. In fact, out of 250 million wage reports the Social Security Administration (SSA) receives each year, as many as ten percent belong to employees whose names don’t match their Social Security numbers.

Employers have also expressed their frustration with being required to keep paper forms or to store the forms on microfilm or microfiche when all other aspects of their record-keeping have been computerized.  The interim regulation would give employers the option to sign and store Forms I-9 electronically.  It’s expected that many employers will experience cost savings by storing these forms electronically rather than using conventional filing and storage methods.  In addition, because of the automated way in which electronic forms are completed and retained, they are less likely to contain errors.  Finally, electronically retained forms are more easily searchable, which is important for verification, quality assurance and inspection purposes.

The “no match” regulation reviews the legal obligations of an employer, under current immigration law, when the employer receives a no-match letter from the SSA or DHS.  It also describes “safe-harbor” procedures for employers to use in dealing with such a letter. If followed in good faith, these procedures would provide certainty that DHS will not find, based on a receipt of a “no-match” letter, the employer in violation of their legal obligations.

These proposed regulations are now subject to a 60-day public comment period, although the I-9 regulation will become effective on an interim basis as soon as it is published. 

As Congress continues to consider comprehensive immigration reform, DHS continues to urge them to increase the authority of the SSA to share information about Social Security “no match” letters with DHS worksite enforcement agents.  This information would allow DHS to learn which employers had received “no match” letters from SSA.   It also assists investigators in identifying companies with the highest rate of immigration fraud.

“Identifying businesses that are habitually flagged for submitting mismatched Social Security numbers would bolster our worksite enforcement efforts,” added Secretary Chertoff.  “Congressional approval of this legislation is critical to ensuring that U.S. businesses hire legal workers.”

Chertoff also noted that fixing the problem of illegal immigration requires a comprehensive solution that must include a temporary worker program. A temporary worker program would replace illegal workers with lawful taxpayers, help us hold employers accountable, and let us know who is in our country and why they are here.

i- Can be a letter to employer from Social Security Administration stating that the combination of name and social security account number submitted for an employee does not match the agency records, or a letter from the Department of Homeland Security (DHS) notifying employer that the immigration–status or employment-authorization documentation presented or referenced by the employee is not consistent with DHS records.

Press Office

U.S. Department of Homeland Security

Talking Points and Q&A’s

June 9, 2006

SS No-Match Rule

Points Specific to the Rule

DHS is proposing a rule that will help responsible employers ensure that they are not employing illegal aliens unauthorized to work in the United States.

When hired, employees in the U.S. must present documents to their employers to show that they are authorized to work in the United States.  Many people use their social security card as one of these documents.

When unauthorized aliens try to defraud their employers by presenting fraudulent identification or social security cards, the employers will often receive a “no match” letter from the Social Security Administration.  This “no-match” letter informs the employer that the name associated with the social security number filed does not “match.”  The Social Security Administration has sent out thousands of “no-match” letters.

Although there can be a number of reasons for a “no-match,” receiving this notification puts the employer on notice that the employee may not be authorized to work in the United States.  Responsible employers do not ignore this information.

The proposed rule outlines clear steps that employers can take in reaction to receiving “no-match” letters. 

The proposed rule does not create a new legal obligation for businesses.  It simply describes existing obligations and codifies the steps a reasonable employer should take in resolving “No-Match” letters.

Employers who ignore these letters and fail to take action to resolve these discrepancies have always been at risk of being found to have constructive knowledge of the fact that an employee was unauthorized to work in the U.S. and subject to legal penalties.

The proposed rule will provide clear guidance to employers regarding the appropriate course of action to take when they receive such no-match letters, and provides safe-harbor procedures that, if followed will provide certainty that DHS will not find the employer, based on receipt of a no-match letter, in violation of their legal obligation not to continue to employ an alien unauthorized to work in the United States.

The proposed rule is a tool to be used by businesses to help them resolve no-match letters.  If businesses follow these procedures in good faith, they can be assured that they will not be subject to sanctions.

The proposed rule answers many of the concerns that have been expressed by business owners who want to comply with the law. 

The proposed rule is only one piece of our comprehensive worksite enforcement program that focuses on drawing a distinction between those employers who genuinely want to comply with the law and those who deliberately employ illegal aliens as part of their business model. 

The safe harbor procedures that are outlined in the new rule only apply to situations in which an employer receives a “No-Match” letter.  Employers who are found by ICE to have knowingly hired unauthorized workers are still subject to either criminal or civil penalties.

DHS is seeking public comment on the proposed rule. 

Points on the Need for No-Match Data

In addition to the regulation, we are asking Congress to pass legislation that will give our ICE agents a better way to determine which employers are habitually using or providing fraudulent SSNs.  One way to do that is by giving our ICE agents better access to “No-Match” data held by the Social Security Administration. 

Unfortunately, under current law, ICE agents do not have sufficient access to this information.

This is simply wrong, and Congress needs to change the law.

Greater access to SSA “No-Match” data would greatly enhance ICE’s ability to focus its investigative resources on egregious employers.

SSA “No-Match” employer data can enable ICE to focus its worksite enforcement efforts in a more efficient and expeditious manner.  The following represents some of the benefits of no-match access:

Gives ICE the ability to identify the worst-of-the-worst egregious employers;

Industries with the most active instances of no-match activity could be more efficiently targeted with employer compliance programs; and

Ability to prove “knowingly hiring” violations would be greatly improved upon.

Points on the Need for a Temporary Worker Program

In order to fix the problem of illegal immigration and secure our borders, a comprehensive solution is required. All elements of this problem must be addressed together, including the creation of a temporary worker program.

A temporary worker program would give honest immigrants a way to provide for their families while respecting the law, would replace illegal workers with lawful taxpayers, and would enable us to make certain we know how is in our county and why they are here.

Questions and Answers on No-Match Data 

Q. Why is the Department of Homeland Security issuing this rule?

A. Every year thousands of employers receive “No-Match” letters telling them that the social security number or other information provided by a particular employee or employees don’t match the records held by the Social Security Administration or the Department of Homeland Security.  The rule will provide clear guidance to employers regarding the appropriate course of action to take when they receive such no-match letters, and provides safe-harbor procedures that, if followed, will provide certainty that DHS will not find the employer in violation of their legal obligation not to continue to employ an alien unauthorized to work in the United States.

Q: What is a Social Security “No-Match” Letter?

A. The Social Security Administration sends “No-Match” letters to employers that identify the social security numbers of employees whose names or social security numbers do not match those in the Social Security Administration’s records.  The fact that an individual employee’s social security number does not match SSA’s records does not necessarily mean that the worker is an alien unauthorized to work in the United States.  It is possible, however, that the social security number doesn’t match because an alien who is unauthorized to work in the United States has provided the employer with a fraudulent social security number or social security card.

Q: What should an employer do when he or she receives a “No-Match” letter?

A. An employer who receives a “No-Match” letter should take steps to have the discrepancy resolved.  The proposed rule provides guidance on the reasonable steps an employer should take when this occurs.  These steps include checking the employers’ records to ensure that the discrepancy does not result from a typographical or similar clerical error, and if there is such an error resubmitting the information to the relevant agency.  If the discrepancy cannot be resolved, the employer should promptly request the employee to confirm that the employer’s records are correct.  If they are not correct, the employer should take the necessary steps to correct the error with the relevant agencies.  If the employee confirms that the employer’s records are correct, the reasonable employer would ask the worker to pursue the matter personally with the relevant agency, such as contacting the SSA to resolve the matter.  If the employer is unable to resolve the discrepancy within 60 days of receipt of the “No-Match” letter then the employer should re-verify the individual’s employment authorization without using the documents that were the subject of the “no-match” letter. 

If the employer is unable to resolve the “No-Match,” the employer may choose to terminate the employment relationship or run the risk that DHS will find that the employer had constructive knowledge of employing an alien unauthorized to work in the U.S.

Q: What does this rule mean for employers? Will this mean that an employer would have to fire their workers in the middle of the agricultural season or a production cycle?

A.  No.  First of all, the proposed rule only applies to those employees for which an employer has received a “No-Match” letter from the Social Security Administration.  The proposed rule is not changing the law.  It is providing clarity to employers regarding the reasonable steps they should already be following when they receive “No-Match” letters.

Q.  Does the receipt of a “No-Match” letter by an employer confer knowledge that an employee is not be authorized to work?

A.  No.  The receipt of a “No-Match” letter, in and of itself, does not indicate that an employee is an unauthorized worker.  However, failure to take the reasonable steps necessary to clarify the employment eligibility of the employee could subject the employer to possible penalties.

Q.  If an employer is unable to resolve the “No-Match” issue, what action should an employer take?

A.  If an employer is unable to resolve the “No-Match” issue, the employer may either terminate the employment relationship or run the risk of having ICE find on the totality of the circumstances that the employer had constructive knowledge of employing an alien unauthorized to work in the United States.

Q.  When ICE conducts I-9 inspections do they query the employee’s Social Security numbers through the SSA NUMIDENT database?

A.  No.  Currently ICE does not have direct access to the SSA NUMIDENT database.  In order for an ICE agent conducting an investigation to access this database, they must submit a written request to the Social Security Administration asking for the information. 

Q.  How many investigations will ICE conduct if they are given the SSA “No-Match” information?

A.  Without knowing the exact number of employers who have employees in the “No-Match” file, it is difficult to assess.  ICE will review the leads in the “No-Match” database with the same threat-based prioritization that they currently utilize in their current worksite enforcement program.  This threat-based assessment focuses on national security and public safety as priorities, but will also be useful in identifying egregious employers.

Q.  What are ICE’s priorities with respect to worksite enforcement?

A.  In conjunction with the mission of the Department of Homeland Security, ICE prioritizes its investigations based on matters of national security and public safety.  As a result, ICE has set priorities and provided national guidance for its field offices.  ICE has determined that worksite investigations relating to critical infrastructure protection and egregious employers are most important.  Additionally, ICE has found that simple penalties are not an effective deterrent.  The agency is now looking at ways to bring significant criminal charges to those businesses engaging in the hiring of illegal aliens.  ICE also believes most employers want to do the right thing, and ICE is committed to giving employers additional tools and advice to help them avoid problems.

Q.  Recently, there appears to be an increase in DHS worksite “raids” and “sweeps.”  Does this indicate a return to the worksite enforcement priorities and practices under INS?  

A. No.  ICE’s first two priorities in worksite enforcement are national security and public safety.  The protection of the country’s critical infrastructure is paramount.  ICE’s worksite enforcement program also prioritizes egregious employers – companies whose business model is built around unauthorized workers.  Egregious employers are those who blatantly violate the law, i.e. exploiting workers, becoming involved in human trafficking and smuggling and harboring and shield illegal aliens from detection.  ICE will continue to allocate its resources in this fashion to remove the worst-of-the-worst offenders of this country’s immigration laws.

Electronic Signature and Storage of Form I-9, Employment Eligibility Verification

I-9 Digitization

This “Electronic I-9 Rule” facilitates efforts by U.S. businesses to electronically record and store their I-9 employment forms. 

In particular, DHS is issuing this rule to make clear that standards consistent with those utilized by the Internal Revenue Service for electronic storage of tax accounting records may be applied to the execution and storage of Form I-9.  The “Electronic I-9 Rule” codifies the existing standards used by the IRS – the performance standards that taxpayers use for electronic tax accounting records storage. 

All U.S. employers are responsible for verifying, through a specific process, the identity and work authorization or eligibility for all individuals, whether U.S. citizens or not, hired after November 6, 1986.  To meet this requirement, employers are required to complete Employment Eligibility Verification Forms I-9 for all newly hired employees. 

Completed I-9 forms are not filed with the Federal Government.  Instead, by law the employer is required to retain the I-9 form for the latter of (1) three years after hiring the individual employee, or (2) one year after the individual’s employment termination. 

Many employers have expressed frustration with being required to keep paper forms or to store the forms on microfilm or microfiche when all other aspects of their record-keeping have been computerized.  This rule resolves that problem and provides businesses with the significant flexibility to determine the best method for storing these records electronically. 

DHS expects that many employers will experience cost savings by storing these forms electronically rather than using conventional filing and storage methods.

In addition, because of the automated way in which electronic forms are completed and retained, they will be less likely to contain errors. 

Electronically retained forms are more easily searchable, which is important for verification, quality assurance and inspection purposes.

Improving the management of I-9 employment verification forms will enhance ICE’s ability to perform its worksite enforcement responsibilities, and bring greater accountability to the system.