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May 21, 2007 1:28 PM PDT

Work bill would create new ID database

The U.S. Congress is poised to create a set of massive new government databases that all employers must use to investigate the immigration status of current and future employees or face stiff penalties.

The so-called Employment Eligibility Verification System would be established as part of a bill that senators began debating on Monday, a procedure that is likely to continue through June and would represent the most extensive rewrite of immigration and visa laws in a generation. Because anyone who fails a database check would be out of a job, the proposed database already has drawn comparisons with the "no-fly list" and is being criticized by civil libertarians and business groups.

All employers--at least 7 million, according to the U.S. Chamber of Commerce--would be required to verify identity documents provided by both existing employees and potential hires, the legislation says. The data, including Social Security numbers, would be provided to Homeland Security, on penalty of perjury, and the government databases would provide a work authorization confirmation within three business days.

There is no privacy requirement that the federal government delete the information after work authorization is given or denied. Employers would be required to keep all the documentation in paper or electronic form for seven years "and make it available for inspection by officers of the Department of Homeland Security" and the Department of Labor. It would also open up the IRS' databases of confidential taxpayer information to Homeland Security and its contractors.

Even parents who hire nannies might be covered. The language in the bill, called the Secure Borders, Economic Opportunity and Immigration Reform Act (PDF), defines an employer as "any person or entity hiring, recruiting, or referring an individual for employment in the United States" and does not appear to explicitly exempt individuals or small businesses. (Its Senate sponsors did not immediately respond on Monday to queries on this point.)

"All the problems that are attendant to the no-fly list are going to be a problem for a nationwide employment eligibility verification system."
--Timothy Sparapani, senior legislative counsel, ACLU

Backers of the proposal, including the Bush administration and many members of Congress, argue the changes to U.S. law are necessary to combat fraud and to ensure employees are truly eligible to work in the United States. According to an analysis by the Pew Hispanic Center, about 7.2 million undocumented immigrants were working in the United States as of March 2005.

"This bill brings us closer to an immigration system that enforces our laws and upholds the great American tradition of welcoming those who share our values and our love of freedom," President Bush said in his radio address on Saturday.

But the federal government's hardly stellar track record in keeping its databases accurate and secure is prompting an outcry over the verification system. Opponents argue that errors could unwittingly shut out millions of Americans who are actually eligible to work in the United States.

"All the problems that are attendant to the no-fly list are going to be a problem for a nationwide employment eligibility verification system," said Timothy Sparapani, senior legislative counsel for the American Civil Liberties Union. "And that's because the government as a rule is terrible about setting up massive data systems and then conditioning peoples' exercises of rights and privileges on the proper functioning of these databases."

Supporters of a federal verification requirement argue that some states, including North Carolina, Georgia, Colorado, Idaho and Arizona, already require employers to engage in some sort of verification--but Sparapani says they're far less extensive and intrusive.

One well-known example of buggy federal databases can be found in the no-fly list, which is intended to keep known terrorists off commercial airplanes. But it's flagged many other people, including Sen. Ted Kennedy (D-Mass.), for questioning at security checkpoints.

In 1996, Congress enacted a related law colloquially known as the "deadbeat dad database," that required employers to report new hires to the federal government. But unlike the current proposal, the new-hire database did not have the ability to deny employment authorization.

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Add a Comment (Log in or register) 150 comments (Showing first 20 comments)
Its about time
by Striker77s May 21, 2007 3:53 PM PDT
If every employer had to verify their applicants legal citizenship, jobs for illegal workers would decline significantly and immigration would decline. In my opinion such a system is overdue, and unlike the no-fly list which just uses a name this system just checks to see if the birth date, social security number and name match. There is no chance for mistaken identity like the no-fly list. But of course there still will be issues and errors. I feel the pros out way the cons.

Mark
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Political news pretending to be tech news?
by Orion Blastar May 21, 2007 4:23 PM PDT
CNet? What is the deal here? I want to read about technical news? Not political news!

Since when did CNet become an ultra-left wing political tabloid rag?

I mean CNet has been forcing global warming down our throats for the past year or so, and now is forcing illegal immigration issues down our throats as well now. How much money is the Democratic Party paying your company to publish articles supporting their point of view in order to brainwash us technology people who want to read technology news instead of political news?
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Police state, here we are
by joespr May 21, 2007 5:24 PM PDT
You cant turn around now or fart in peace without the government wanting to check if you are a legal citizen.

Read this, a weep, my fellow countrymen, for what we have lost in our ruch for "security"; we have lost our national soul:
http://www.guardian.co.uk/g2/story/0,,2063979,00.html
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Papers Please
by PzkwVIb May 21, 2007 7:45 PM PDT
This is a disgrace if it passes. Welcome to Nazi America.
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Send Illegals Home First
by Xenu7 May 21, 2007 9:19 PM PDT
The FIRST step is to deport all illegal immigrants NOW. Use buses, planes, trains, whatever. Round them up, ship 'em back home, and make the wait 10 years before they can apply for legal entry and/or citizenship. THEN you can play with databases.
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This doesnt have a DAMN THING to do with "Illegal-aliens"...
by Had_to_be_said May 21, 2007 10:10 PM PDT
This is simply the... painfully-obvious... next-step towards the intentional creation of a totalitarian police-state within the United States. This is, in fact, been long-expected (by anyone that has actually been following the carefully-choreographed destruction of every one of our "civil liberties"). That is what "REAL-ID" is all about. That is what "mandatory data-retention" is all about. This is what "data-mining" is all about.

None of this has anything to do with safety... and everything to do with control.

Just wait... "laws" giving "law-enforcement" the absolute, unilateral, power to detain... seize... investigate... monitor... search... question... or, go on any damned >>>fishing-expedition<<< that they want... and, even "torture"... have all, pretty-much, already been put in place.

Use the Internet... youll be continually "monitored" by the Government. Have a "bank account"... youll be continually "monitored" by the Government. Have a car... youll be continually "monitored" by the Government. Have a job... youll be continually "monitored" by the Government.

ALL of this has a name... an UGLY ONE (to any real-American)... "TOTALITARIANISM".

I, for one, am sick of constant government video-surveillance... warrant-less Government "spying programs"... Police "checkpoints"... "secret" police-actions... and so-called "war", after "war", after "war" (which are entirely artificially-created, solely, to rob me of every single American-freedom)... And, all of it coming from some of the most corrupt-administrations in American-history.

Frankly, there are only two kinds of people that support this CRAP... FOOLS, and TRAITORS that just know that "freedom" is the single-greatest threat to the STATUS QUO (which they personally benefit from).
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H-1B dependent Indian companies dont even consider US citizens for US jobs
by Jake Leone May 21, 2007 10:24 PM PDT
U.S. Citizens are never even considered for most jobs that are filled with h-1b candidates. U.S. citizens are being discriminated against, massively, in the hiring of jobs based in the U.S.

Read on, and you'll learn the reason why.

Instead, Indian IT offshoring companies are using this Visa to preferentially hire only Indian nationals, and then train them on the job in the U.S. As a prelude to massive offshoring of U.S. jobs.

Karmal Nath (Indian Commerce Minister) knows this, and he is raising a fuss over it because he wants to obscure the fundamental reasons why there is a controversy over this Visa program.

These issues are:

- Indian companies discriminate against U.S. citizens by preferentially hiring Indian citizens, over U.S. citizens, for U.S. based jobs.
- The h-1b Visa program is being used as the "Outsourcing Visa" by Indian IT offshoring companies.

The commerce minister himself has coined the term "Outsourcing Visa" when referring the U.S. h-1b visa program.

These companies are not even trying to find U.S. personnel to fill these jobs.

In open testimony before congress, an applicant called a U.S. recruiter for a job in the U.S. She was told she would not be considered for the job simply because she could not be sponsored for an h-1b Visa.

In other words your are not qualified just because you are american. That's discrimination and bigotry in its worst form.

India has to ask itself one very consciencious question, would this be allowed in India? I think not.

Karmal Nath is responding perversly (he is threatening the U.S. with trade sanctions in the WTO) because he knows there is something obviously wrong. And the Senators (Durbin and Grassely) are merely working to make sure that U.S. citizens are not discriminated against in their own country just because their point of origin happens to be the U.S.

It is ridiculous to link the h-1b Visa with trade. It is a long-term, 3 to 6 year visa, meant to enhance U.S. industry and U.S. jobs, and possibly lead to U.S. citizen ship.
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Is There A Trade War Looming Ahead!
by Commander_Spock May 21, 2007 11:15 PM PDT
While this article has not been read in its entirety, some questions that must be asked are these: The United States like most other developed countries by and large depend on international trade; and, from what was read in an earlier post--one particular country whose nationals are the recipients of H-IB Visas is reported to be threatening trade sanctions if the U.S. based hiring companies do not get their way. So, one wonders what would be the trade and other policies of foreign owned companies operating in the United States and what would be the re-actions in countries like the China, countries that make up the European Union, Venezuela and other oil-rich countries that conduct international trade with the United States? Already, the EU has proposed hefty fines on the US based Microsoft Corporation for not sharing its IP with competitors, What happens if some of these countries do not purchase US made energy equipment, aircrafts, military hardware et cetera et cetera in retaliation to the proposed new U. S. Immigration Laws in the context of the earlier post that was referred to!
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waste of time and money!
by Serg_1 May 22, 2007 3:09 AM PDT
I do not think this will help in any way! It seems to me that whoever wrote this bill thinks that the main problem faced by the US companies is that they are unable to determine if their employees or job seekers are legal in the US or not. In fact the opposite is true! Otherwise, there would not be such a big disparity in wages paid to illigals and to locals.

In short, it is a half measure (at best!) that deals with the symptoms not the cause of the problem.
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Internal and External Security!
by Commander_Spock May 22, 2007 5:35 AM PDT
What will be the motivation of other countries nationals to fight alongside the United States in the face of the proposed new immigration policies already the United States has seen countries like "France" in particular (although a member of the NATO Pact) not agreeing to be be in alliance with the United states in its present conflict with IRAQ . The whole issue/question of "***" for "tat" at the Governmental level (you do this and we will do that). Also, countries giving preference to non-US companies doing business in a foreign country--Brazil, Nigeria, India, Sudan....
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Our Children Will Weep
by RubySnow1 May 22, 2007 6:54 AM PDT
For all the rights and privileges this administration has wrenched from us.

Parts of the proposed immigration bill I could support. But this little piece of legislation will steal so much more of our privacy rights from us, I will vigorously oppose it.

Another term like this one will spark a revolution.
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Bill is wrong solution - Secure Border First
by cjmnews May 22, 2007 8:55 AM PDT
The bill relies on some fallacies:
1: An ID can be created that can not be forged.
2: The Government can accurately collect and warehouse data.
3: The Government can determine which illegal was here by the deadline and the ones that came afterwards.
4: The Government will enforce the new law.
5: The fiscal impact of this bill is low.

Let's look at the issues with the bill:
1. Any ID can be forged. We live in an age that you can get anything if you have the money.
2. The Government can not even find the illegals using the same SSN or dead people's SSN in the country now. The no-fly list shows how poorly the Government collects, scrubs and maintains data.
3. If you have this zVisa to "prove" it, see #1.
4. The Government does not enforce the laws we have already, so what would make us think they would enforce a new law?
5. Estimates are around $1.5 trillion to add the guest workers to our entitlement programs like Social Security, Medicare and Welfare.

The border needs to be closed first. Once we have control on the border, then we can look at solving the issues at hand. The fence bill was passed prior to the 2006 election, 2 miles have been built, the rest needs to be completed. Then we need to work with the Border Patrol to maintain complete control of the border.

The next issue is the Government needs to address is to enforce the existing laws. Fine the businesses that hire illegals. Deport all criminal illegals. Look at the social security number usage, and review the people that have numbers used in multiple places across the country, deport the illegals that are abusing the system.

The next issue is to resolve the "Anchor Baby" issue by stating that children of citizens born in the US are automatically citizens. Existing anchor babies can not be used as an anchor for illegals, they must be deported with their parents and they can use the legal process to get into this country.

The next issue is to reduce the time it takes for legal naturalization. 8 years is too long, why can't it be done in a few months?

This Bill is the wrong solution, and one of the main sponsors is John McCain. Conservatives can see clearly why we can't for for McCain now.
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ID database
by kakodes_too May 22, 2007 9:24 AM PDT
If the ACLU is against it, it must be a good idea.
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This proposed law is worse than useless.
by Dr_Zinj May 22, 2007 9:36 AM PDT
1. It won't do a damn thing to stop the illegals.
2. It will screw up the system even worse for those of us who play by the rules.
3. It will provide a whole new set of criminalized behaviors to give the the executive branch an excuse to exercise force against the citizens of this country, i.e. you and me.
4. It will raise taxes.
5. It will divert tax money into the pockets of the cronies of the government representatives supporting this bill. The rich get richer and we end up paying the friggin bill, assuming we can get the job.
6. The more databases the government creates to "manage" people, the more screwed up the data becomes, and the less capable they are of cleaning ANY of them up.
7. For what it's worth, I've yet to hear of an I.T. worker (or any other white collar worker for that matter) losing his or her job to an illegal immigrant. You just don't see a lot of ******** wearing 3-piece suits to work; although that might not necessarily hold true of snowbacks.

I use the terms ******* and snowback in their traditional meanings to describe illegal aliens who come across the Mexican or Canadian borders. You don't like the terms, too bad; they are both accurate and appropriately derogatory.
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I.D for potential Hires
by BoulderSue May 22, 2007 10:20 AM PDT
This is sooooo stupid! I worked for several year for my husband's company and part of my job was to confirm eligibility for employment, whether as an actual employee or as a sub-contractor. We had, and he still has, a very specific government form that need info from designated forms of I.D. plus the employee's signature and mine verifying that I had seen the I.D. For good measure we made copies of I.D. submitted and attched them to the form. NO ONE got a paycheck, and were warned that they wouldn't, unless this form was in compliance and on file. Sometimes it was a pain because of expired drivers' licenses, birth certificates that had to be sent for, etc. But the rules were the rules. Why do we need another law and layer of bureaucracy? Stooooopid!
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ID Database - insanity
by sjobbins May 22, 2007 11:13 AM PDT
Can you imagine the errors? Duplicate names, problems with middle initials, prefix and suffix, women who marry or divorce and acquire new names. It's incomprehensible.
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LOSING OUR FREDOMS
by SCVBA_STEVE May 22, 2007 11:21 AM PDT
HAS IT OCCURED TO ANYONE THAT OUR FREEDOMS ARE SLOWLY DISAPPEARING! YOU NEED AN ID FOR EVERYTHING THESE DAYS! I AM PETTY SOON YOU WILL NEED TO SHOW ID TO SEND A LETTER!?! WHAT THE @#$%, WHEN ARE WE GOING TO SAY ENOUGHS ENOUGH? THERE ARE ALWAYS GOING TO BE BAD PEOPLE OUT THERE, ITS A FACT OF LIFE!!! BUT DO WE NEED TO GIVE UP OUR FREEDOMS? JUST SO A FEW CAN EAT, AND THE GOVERMENT CAN TRACK THEM, AND US IN THE PROCESS? WHERE DO I SIGN UP TO HAVE A TATOO ON MY FOREHEAD?
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SSN: 666 - 66 -6666 ?Mark of the Beast?
by Catgic May 22, 2007 11:51 AM PDT
When I read the [i]Secure Borders, Economic Opportunity and Immigration Reform Act of 2007[/i] I found,[i] ?And that no man might work, save he that had the mark, or the name of the beast, or the number of his name. - Revelations 13:17, Version 2007.05.18"[/i] stealthily interleaved into it.

This specialized Nation ID Database Legislation is another bureaucratic government solution in search of a problem. I do not understand why the U.S. Congress wants to create any more massive new government databases then those they already have created, and why the government is so obsessed about trying to manage, quantify, track and control people who are ambitious, hard working self-starters who want to work for a living.

First, there was the [i]"No-Fly List"[/i] to protect us from the air traveling [i]"Bad Guys".[/i] Now [i]Uncle Sam[/i] and his [i]Big Brother,[/i] in their wisdom, want to create a [i]"No-Work List"[/i] to protect us from the hard working [i]"Bad Guys".[/i]

I, as a free market capitalist-employer, should have the business freedom to make my own [i]Hiring Decision[/i] from the list of employee candidates who show up at my H.R. Office ready and anxious to work, and not be restricted to using some list that [i]Uncle Sam[/i] and his [i]Big Brother[/i] has "blessed." JP B-)
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One Additional Question About Proposed "Work" Bill...
by Commander_Spock May 22, 2007 1:25 PM PDT
... if some of these same jobs (that be offered to American Citizens and other Permanent Residents) are being outsourced faster than one can blink to countries like China, India, Brazil... then where will the news jobs come from in addition to the Governments of China, India, Brazil... placing "restrictions" on the visas of the American Commercial Pilots, Doctors, English Instructors, Professional Engineers... required to be in the services of the emerging "affluent" Chinese, Indian, Brazilian.... nationals and their countries' economies!
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Just amazing.....
by dragonfly8610 May 22, 2007 5:49 PM PDT
I was born and raised in the US. Now my government is going to make me verify I was born here and have the right to work here. All because they didn't have the wherewithal to secure our borders and deport illegal aliens years ago.

And the scariest part is...if the illegal alien that is using my SSN to work here beats me to the punch, I may very well be the "illegal" being deported, or at the very least, being blacklisted and unable to get a job.

And all from a "conservative" government that has spent more money to cozy up to Big Oil than it has to make life better for our citizens.

Thanks, Bush, you piece of ****.
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