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-   -   ICE to step up enforcement at the work-site (http://dreamact.info/forum/showthread.php?t=4675)

Ianus 08-02-2007 04:56 PM

ICE to step up enforcement at the work-site
 
I know there has been a lot of bad news lately but I think everyone should take a look at this.The Bush Administration looks as though it will be taking the gloves off ICE since the compromise fell apart.Specifically,DHS seems to be proposing a new more aggressive rule with regard to mis-matched Name & Social Security numbers.I'm just letting everyone know to be careful,since this is the closest we have gotten to Dream act's passage.
Quote:

The Department of Homeland Security is expected to make public soon new rules for employers notified when their worker's name or Social Security number was flagged by the Social Security Administration.

The rule, as initially drafted, requires employers to fire people who can't be verified as a legal worker and can't resolve within 60 days why the name or Social Security number on their W-2 doesn't match the government's database.

Employers who don't comply could face fines of $250 to $10,000 per illegal worker and incident.

"There's a lot of fear and anxiety about what this rule is going to mean, particularly in the agricultural sector," said Craig Regelbrugge, spokesman for the American Nursery and Landscape Association and co-chairman of the Agriculture Coalition for Immigration Reform.

The Social Security Administration has sent "no match" letters to workers and their employers notifying them of the information discrepancies for years. Its goal has been to make sure money withheld from a person's paycheck is credited to the correct worker.......

........But those who don't comply with the new rule could be deemed as knowingly hiring an illegal worker.

The Homeland Security Department says the new rule provides guidance to employers on how to deal with workers who receive no match letters and give those who comply "safe harbor" if illegal workers are found at their business in an investigation or raid, said Russ Knocke, Homeland Security department spokesman.

U.S. Immigration and Customs Enforcement, a division of the Homeland Security Department, "is going to be tough and aggressive in the enforcement of the law," Knocke said. "You are going to see more work site cases. And no more excuses."

The administration trotted out the stepped-up enforcement plan last summer, but put it on hold while the Senate debated an immigration reform bill.

That bill would have granted a chance at legal status for the estimated 11 million to 12 million illegal immigrants in the country and created a temporary worker program. It also would have required employers to verify the status of all their workers.

After the bill collapsed in Congress, employers started bracing for the tougher rule.

"Congress didn't act. They didn't do what they needed to do on comprehensive immigration reform. Now there's going to be some pain to pay, and Congress is not going to feel the pain right away, it's the communities (of employees) and that's a real shame," said Laura Reiff


Tasksgirl 08-02-2007 05:11 PM

Does this mean deporation and raids or just a crackdown and fines on employers???
THANKS FOR POSTING THIS

Ianus 08-02-2007 05:18 PM

I believe it could be an iteration of both.If you really think about it if someone has a questionable SS number they can be fired on the spot.I also realized that during the CIR debate there weren't that many major ICE raids,I'm just letting everyone know to prepare for the worst just in case.

FrankV 08-02-2007 05:22 PM

Ianus, what you mean there has been bad news?
I haven't heard any.

Ianus 08-02-2007 05:29 PM

Quote:

Originally Posted by FrankV
Ianus, what you mean there has been bad news?
I haven't heard any.

I meant the failure of attaching Dream act to the DoD bill when Reid pulled the bill so suddenly & also to the Education funding bill.

Tasksgirl 08-02-2007 05:33 PM

Quote:

Originally Posted by Ianus
Quote:

Originally Posted by FrankV
Ianus, what you mean there has been bad news?
I haven't heard any.

I meant the failure of attaching Dream act to the DoD bill when Reid pulled the bill so suddenly & also to the Education funding bill.


Ugh I know!
Can you say "roller-coaster??"

FrankV 08-02-2007 05:33 PM

Well, the Dream will be attach this Sept. to the DOD. Lets have faith that this will happen.
This has to happen.

Tasksgirl 08-02-2007 05:35 PM

What we need to be worrying about is getting the 60 votes.. That means even calling during recess people !
Do you want to be 2 or 3 votes short and have to live with THAT guilt ???

Ianus 08-02-2007 05:57 PM

FrankV, as Tasksgirl has mentioned we cannot take these votes for granted.I believe there are a solid 49 votes currently for Dream being added to the bill but I think we'll need to certify at least a dozen more Senators to be safe.

It looks to be VERY close vote to get the necessary 60.

Tasksgirl 08-02-2007 06:07 PM

Quote:

Originally Posted by Ianus
FrankV, as Tasksgirl has mentioned we cannot take these votes for granted.I believe there are a solid 49 votes currently for Dream being added to the bill but I think we'll need to certify at least a dozen more Senators to be safe.

It looks to be VERY close vote to get the necessary 60.


I agree I think it's going to be VERY close.

mike8500 08-02-2007 06:14 PM

i dont know but im assuming that hardcore anti amnesty people like hucthison and cornyn from texas also support the dream act, am i right?

Tasksgirl 08-02-2007 06:18 PM

I called Hutchinson earlier today..
I was told she's listening to her constiuents and waiting for calls to hear what people say. She's "Undecided"
She could be an important vote.. I think we can get her. She's a woman surely she can be affected by Juan's sad story :lol:

mdhfinsc 08-02-2007 09:01 PM

Quote:

Originally Posted by Ianus
The Department of Homeland Security is expected to make public soon new rules for employers notified when their worker's name or Social Security number was flagged by the Social Security Administration.

Quote:

Originally Posted by FrankV
Well, the Dream will be attach this Sept. to the DOD. Lets have faith that this will happen.
This has to happen.

I hope the Dream act passes in September. This looks to be our last opportunity to get this come true. And after reading that news about ICE, i'm really worried about my job...!!! I'm a full time employee and they offer tuition Reinbursment, all I'm waiting is to get a Good SS # to start college and take advantage of this. I really hope Dream Act gets passed...God Help us!

lilbawler2001 08-02-2007 09:04 PM

Quote:

Originally Posted by mdhfinsc
Quote:

Originally Posted by Ianus
The Department of Homeland Security is expected to make public soon new rules for employers notified when their worker's name or Social Security number was flagged by the Social Security Administration.

Quote:

Originally Posted by FrankV
Well, the Dream will be attach this Sept. to the DOD. Lets have faith that this will happen.
This has to happen.

I hope the Dream act passes in September. This looks to be our last opportunity to get this come true. And after reading that news about ICE, i'm really worried about my job...!!! I'm a full time employee and they offer tuition Reinbursment, all I'm waiting is to get a Good SS # to start college and take advantage of this. I really hope Dream Act gets passed...God Help us!

u know if you get legal you have to quit your current job right??

mdhfinsc 08-02-2007 09:08 PM

Quote:

Originally Posted by lilbawler2001
Quote:

Originally Posted by mdhfinsc
Quote:

Originally Posted by Ianus
The Department of Homeland Security is expected to make public soon new rules for employers notified when their worker's name or Social Security number was flagged by the Social Security Administration.

Quote:

Originally Posted by FrankV
Well, the Dream will be attach this Sept. to the DOD. Lets have faith that this will happen.
This has to happen.

I hope the Dream act passes in September. This looks to be our last opportunity to get this come true. And after reading that news about ICE, i'm really worried about my job...!!! I'm a full time employee and they offer tuition Reinbursment, all I'm waiting is to get a Good SS # to start college and take advantage of this. I really hope Dream Act gets passed...God Help us!

u know if you get legal you have to quit your current job right??

Not really. Of course..the SS# i'm using is fake. BUt i'm working under my name..when I become legal, all I need to do is Change my SS #. there are a thousand of excuses to use to do that...I'm just waiting for the Dream Act. This seems to be the only opportunity we have to become legal for now.

questionsihave 08-03-2007 08:37 AM

wait so are all in trouble or just people with fake ss numbers? If someone overstayed their visa and still has their legal ss, could they be possible fired?

mdhfinsc 08-03-2007 06:40 PM

Quote:

Originally Posted by questionsihave
wait so are all in trouble or just people with fake ss numbers? If someone overstayed their visa and still has their legal ss, could they be possible fired?

I think it's just the people who is working with fake SS#'s. Because just after the fiscal year..IRS sends letters to those whose numbers are not matching their database. They do that to post their current earnings to the right person. Now with that new enforcement they will make employers fix every issue, if not, the employee has to leave the company.

questionsihave 08-03-2007 07:04 PM

Quote:

Originally Posted by mdhfinsc
Quote:

Originally Posted by questionsihave
wait so are all in trouble or just people with fake ss numbers? If someone overstayed their visa and still has their legal ss, could they be possible fired?

I think it's just the people who is working with fake SS#'s. Because just after the fiscal year..IRS sends letters to those whose numbers are not matching their database. They do that to post their current earnings to the right person. Now with that new enforcement they will make employers fix every issue, if not, the employee has to leave the company.

Ok thanks, still bad that they are cracking down like this, with no cir.

mdhfinsc 08-03-2007 07:23 PM

Yes...I'm afraid many people will lose their jobs. That's messed up now.

Ianus 08-03-2007 07:39 PM

Quote:

Originally Posted by mdhfinsc
I think it's just the people who is working with fake SS#'s. Because just after the fiscal year..IRS sends letters to those whose numbers are not matching their database. They do that to post their current earnings to the right person. Now with that new enforcement they will make employers fix every issue, if not, the employee has to leave the company.

Just to correct you there,It would be the Social Security Administration not the IRS that sends out the no-match letters.

The rules also haven't been published publicly as well so no one can say for sure what the Administration will be doing.The article mentions that the new rules will apply if your name or social security number has been flagged by the Social Security Administration through the use of W-2 forms.According to what the article is saying it looks as though if you name or SS number is not in the government database you can be fired on the spot.

mdhfinsc 08-03-2007 09:08 PM

Yes, sorry for that. not the IRS, it's the Social Security Administration Office.

Quote:

Originally Posted by Ianus
The article mentions that the new rules will apply if your name or social security number has been flagged by the Social Security Administration through the use of W-2 forms.

So...What about the people who file taxes under the ITIN?? but work with a fake SS#. Does it still apply?

lutier2008 08-03-2007 10:17 PM

I love the IRS. They don't care whether you are legal or not, just pay taxes. If you are not eligible for a SSN then get a ITIN.

Basically saying, "We know you are not suppose to be here, We know you are not suppose to work, but since you are working PAY taxes"

RahmanIV 08-04-2007 03:40 AM

[q] I love the IRS. They don't care whether you are legal or not, just pay taxes. If you are not eligible for a SSN then get a ITIN.

Basically saying, "We know you are not supposed to be here, We know you are not supposed to work, but since you are working PAY taxes"

[/q]


There are only two things certain in this world, death and taxes.

Ianus 08-04-2007 11:11 AM

Quote:

Originally Posted by mdhfinsc
So...What about the people who file taxes under the ITIN?? but work with a fake SS#. Does it still apply?

Strange question since if you have an ITIN number you don't need a Social security number.If a person worked with a fake SS# & place it on their W-2 they could most likely be fired under this new rule since some employers have mentioned they do not want to pay the fines.It looks like the rule will dictate that if there is ANY discrepancy in your name &/or your SS number then it will be mandatory for the employer to fire the employee or the company doing business could face stiff fines.

This new article mentions that millions of these no-match letters are sent out to employers every year.This will not only be a problem for the undocumented but also U.S. citizens as well.Interestingly,the article also mentions that Dream act & Agjobs might have amassed enough support for passage.
Quote:

There is also significant bipartisan support for the AgJOBS bill-a proposal to broaden and normalize the guestworker visa program for agricultural workers, the majority of which are illegal aliens-and the DREAM Act, a program to give citizenship to illegal immigrants who entered the country as minors and attend college or join the military, currently existing as an amendment to military authorization legislation that the Senate will consider in September. Both are long-debated measures that have been considered by several Congresses, and may have amassed enough support for passage.

None of these measures will likely move forward before fall, as the Senate heads into its customary August recess this weekend.

But in the absence of legislative action, hotly anticipated administrative changes may bring a new wave of immigration concerns to bear before the summer in out.

The Department of Homeland Security is expected in the next few days to announce a rule making it mandatory for employers to fire illegal immigrants-or face stiff penalties.

Under the new rule, employees would have a limited window of opportunity to contact the Social Security Administration when notified about discrepancies or errors in their tax records. If they do not, they automatically lose their jobs.

Presently, the Social Security Administration sends out several million “no match” letters to employees, diverting these letters to employers as well if there is no response. But in a system where there are errors in an estimated 17.8 million records-including the records of 12.7 million U.S. citizens-several business are expressing concern that the rule might result in several undue terminations
.


FrankV 08-04-2007 12:59 PM

Ianus, I ready enjoy your work and research on Dream and Immigration overall.
I'm going to miss ya when this undocumented status ends for all of us. :D
I'm always staying positive even when I dont see a light in the tunnel. :)
Dream will pass!

lutier2008 08-04-2007 01:18 PM

Quote:

Originally Posted by FrankV
Ianus, I ready enjoy your work and research on Dream and Immigration overall.
I'm going to miss ya when this undocumented status ends for all of us. :D
I'm always staying positive even when I dont see a light in the tunnel. :)
Dream will pass!

Ditto.
I think DREAM WILL PASS!!!!!

While calling senators yesterday, I could hear a lot of optimism from staffers, specially from Specter's office.

shanepharm 08-04-2007 02:33 PM

Quote:

Originally Posted by RahmanIV
[q] I love the IRS. They don't care whether you are legal or not, just pay taxes. If you are not eligible for a SSN then get a ITIN.

Basically saying, "We know you are not supposed to be here, We know you are not supposed to work, but since you are working PAY taxes"

[/q]


There are only two things certain in this world, death and taxes.

You forgot one more: death, taxes, & CHANGE

Latina~Hispana 08-05-2007 11:20 PM

Quote:

Originally Posted by mdhfinsc
Quote:

Originally Posted by questionsihave
wait so are all in trouble or just people with fake ss numbers? If someone overstayed their visa and still has their legal ss, could they be possible fired?

I think it's just the people who is working with fake SS#'s. Because just after the fiscal year..IRS sends letters to those whose numbers are not matching their database. They do that to post their current earnings to the right person. Now with that new enforcement they will make employers fix every issue, if not, the employee has to leave the company.

Wow. This happened to me. I had to quit my job last week. :cry:

mdhfinsc 08-06-2007 07:20 PM

Quote:

Originally Posted by Latina~Hispana
Quote:

Originally Posted by mdhfinsc
Quote:

Originally Posted by questionsihave
wait so are all in trouble or just people with fake ss numbers? If someone overstayed their visa and still has their legal ss, could they be possible fired?

I think it's just the people who is working with fake SS#'s. Because just after the fiscal year..IRS sends letters to those whose numbers are not matching their database. They do that to post their current earnings to the right person. Now with that new enforcement they will make employers fix every issue, if not, the employee has to leave the company.

Wow. This happened to me. I had to quit my job last week. :cry:

Why did you quit? this hasen't taken effect yet!. That was just an article and they don't know if they are going to do that because many companies are complaining that they are taking up over gov's job.

VJB2 08-06-2007 07:49 PM

Quote:

Originally Posted by mdhfinsc
Why did you quit? this hasen't taken effect yet!. That was just an article and they don't know if they are going to do that because many companies are complaining that they are taking up over gov's job.


Wrong.


I got one of these letters from the Social Security Admin. and it stated that I MUST go to the offices to fix whatever was wrong with my number. I couldn't go for obvious reasons, but the letter stated that my employment had to be terminated in about 14 or so days if I do not go to the office to fix it. I have the letter laying around somewhere. This is in effect, and I think always has been though they're getting stricter with it now it seems.

The Voice heard 08-06-2007 08:45 PM

Wait Wait Wait!!! So if you overstayed your visa But you got a good SS# you can still work and not get deported because they find information about you???

RahmanIV 08-06-2007 09:19 PM

ICE enforcement
 
The Social Security Administration's "No-Match letters" program was created to ensure that employment credit would be given to the right person, so that he/she could claim Social Security benefits in the future. The process works like this:

The IRS reviews every taxpayer's W-2s and sends them to the SSA so that SSA can give appropriate employment credit. When SSA receives a W-2, first thing it does is checks the social security number and the name of the employee on the W-2 form. If the SSA's database has the social security number with the same name as on the W-2 form, the SSA reviews the wages, taxes, etc. and assigns employment credit to that person.

The SSA sends out a No-Match Letter if any of three possible scenarios occur:

1. The social security number on the W-2 form exists in SSA's database but the name associated with it is different from the
W-2 form.

or

2. The name exists in the Social Security database but it has a different number assigned to it than what appears on the W-2
form. This is just the reverse of Scenario #1.

or

3. The name doesn't exist in the SSA database.

or

4. The number doesn't exist in the SSA database.

Scenario #3 isn't too big of a concern. SSA asks if the name has a ITIN (Individual Taxpayer Identification Number) assigned to it. If it does, then SSA just records the wages, taxes, etc. under the ITIN.

The most significant concern and the largest reason for "no-match" letters is if the number and names don't match. This can happen for a number of reasons such as SSA failed to update a changed social security number, the number was incorrectly reported on the W-2 form etc. No-match letters are not meant to be used as immigration enforcement tools. In fact, these letters explicitly say that they are not meant for immigration purposes. The letters also mention that the employer must not take adverse action against the employee because it received a no-match letter.

The most worrisome for some of us is Scenario #4. The Social security administration believes that its database has an overabundance of numbers. It doesn't readily believe that a particular number doesn't exist in its database. So when it comes across a number that doesn't exist, it flags it and investigates further. One of the consequences of this investigation is that SSA reports the incident to ICE.

If you applied for and received a Social security number under your correct and full name and have never changed it since, then most likely you're okay. On your W-2, your name and SS# will match what SSA has in their database.

If you don't have a SS# or are using a fake one and working, I strongly recommend applying for a ITIN and using that in your job. At least then, the government has an identifying number for you and it would be less likely for you to receive a no-match letter.

ciscokid 08-07-2007 05:27 AM

how do you get an ITIN number

lutier2008 08-07-2007 08:41 AM

Check this out:

http://www.nilc.org/immsemplymnt/SSA..._july_2006.pdf

ITIN Info:

http://www.irs.gov/individuals/artic...=96287,00.html

www785 08-07-2007 09:23 AM

On the I-9, checking the Citizen/National box (falsely claiming US citizenship) would make you permanently barred from adjusting status. So does that mean people are using fake cards and A numbers when they check the Permanent Resident box?

http://www.immigrationlinks.com/news/news938.htm

Quote:

Thus, a false claim of U.S. citizenship can be made to a private individual, as the statutory language includes specific mention of 274A of the Act, and the employment verification procedures described under section 274A of the Act cover both Government and private employers. For example, an alien who makes a false claim of U.S. citizenship to a private employer on Form I-9 (Employment Eligibility Verification) on or after September 30, 1996, is inadmissible under section 212(a)(6)(C)(ii) of the Act.

Waiver availability. Section 344 of IIRAIRA did not create any waivers for immigrants found inadmissible under section 212(a)(6)(C)(ii) of the Act. Therefore, immigrants found inadmissible under section 212(a)(6)(C)(ii) of the Act are permanently inadmissible.

CIR_DREAM2009 08-07-2007 09:57 AM

From immigration lawyer Greg Siskind's blog:

Illegal Immigrants: Uncle Sam Wants You

alex1234 08-07-2007 12:51 PM

do you really think they are gonna fire, (including me and probably you), millions and millions of undocumented people?

Aren't they thinking about the impact its gonna have on the economy? how the hell are companies gonna hire people who are not willing to work for little money like we do.

Latina~Hispana 08-07-2007 02:36 PM

Quote:

Originally Posted by VJB2
Quote:

Originally Posted by mdhfinsc
Why did you quit? this hasen't taken effect yet!. That was just an article and they don't know if they are going to do that because many companies are complaining that they are taking up over gov's job.


Wrong.


I got one of these letters from the Social Security Admin. and it stated that I MUST go to the offices to fix whatever was wrong with my number. I couldn't go for obvious reasons, but the letter stated that my employment had to be terminated in about 14 or so days if I do not go to the office to fix it. I have the letter laying around somewhere. This is in effect, and I think always has been though they're getting stricter with it now it seems.

My words exactly.

ciscokid 08-07-2007 03:00 PM

that proby because you guys are working where thay do check the status, for example when i worked at wal-mart my boss came up to me and told me i had to fix my ss or i will get fired in 60 days so i quit

califoniadreamin' 08-07-2007 03:04 PM

Quote:

Originally Posted by www785
On the I-9, checking the Citizen/National box (falsely claiming US citizenship) would make you permanently barred from adjusting status. So does that mean people are using fake cards and A numbers when they check the Permanent Resident box?

http://www.immigrationlinks.com/news/news938.htm

Quote:

Thus, a false claim of U.S. citizenship can be made to a private individual, as the statutory language includes specific mention of 274A of the Act, and the employment verification procedures described under section 274A of the Act cover both Government and private employers. For example, an alien who makes a false claim of U.S. citizenship to a private employer on Form I-9 (Employment Eligibility Verification) on or after September 30, 1996, is inadmissible under section 212(a)(6)(C)(ii) of the Act.

Waiver availability. Section 344 of IIRAIRA did not create any waivers for immigrants found inadmissible under section 212(a)(6)(C)(ii) of the Act. Therefore, immigrants found inadmissible under section 212(a)(6)(C)(ii) of the Act are permanently inadmissible.

This is going to bite them in the ass. Here in California we already have a huge deficiency of workers, especially in the agricultural sector. The gov. is going to lose a whole lotta money.


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