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U.S Department of Homeland Security Makes New Effort to Clarify "Safe Harbor" to No-Match Letters
16 Days Until NEW I9 Deadline: USCIS Revises Employment Eligibility Verification Form I-9 - FAQs

Download the updated Form I-9, Employment Eligibility Verification
Federal Judge Orders an Indefinite Stay on Law Regarding No-Match Letters

Safe-Harbor Procedures for Employers Who Receive a No-Match Letter

 

U.S. Department of Homeland Security Makes New Effort to Clarify “Safe Harbor” to No-Match Letters
Judge Puts Hold on Immigration Penalty Letters to Employers
BSCAI Member Alert: DHS Set to Finalize New Verification Requirements for Employees
BSCAI Legislative Update: Immigration Reform and Employee Free Choice Take Center Stage in Senate
BSCAI Legislative Update: Minimum Wage and Immigration Reform
Proposed DHS Changes to "No-Match" Letters On Employees
Update on Current Efforts to Impose State Sales Tax on Services
Immigration Enforcement Alert: DHS Enforcement Ramps Up
Illegal Subcontracting: Toolkit, Recent Developments and Resources
Immigration Reform:  Challenges and Legislative Updates
Legislative Proposals on Immigration Reform

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U.S. Department of Homeland Security Makes New Effort to Clarify “Safe Harbor” to No-Match Letters
The U.S. Department of Homeland Security (DHS) has released a Supplemental Proposed Rulemaking for the No-Match Rule previously issued on August 15, 2007 and now enjoined by the Northern District of California. That rule attempted to articulate how employers could avail themselves to a “Safe Harbor” if they received a No-Match letter from the Social Security Administration, or a “Notice of Suspect Documents” from the U.S. Immigration and Customs Enforcement (ICE).

The stated intention of the Supplemental Proposed Rulemaking is to provide a more detailed analysis of how DHS developed the No-Match policy and help responsible employers ensure that they are not employing unauthorized workers.  It is also clear that DHS is positioning a final rule once it is clear of the current litigation.

According to DHS –

  • The supplemental proposal to the pending rule “simply outlines clear steps an employer may take in response to receiving a letter from the Social Security Administration indicating that an employee’s name does not match the social security number on file.”
  • “If the business follows the guidance in the No-Match Rule, comprising various actions to rectify the no-match within 90 days of receiving the letter, they will have a safe harbor from the no-match letter being used against them in an enforcement action.”

Specifically, the new proposal attempts to clarify two aspects of the currently enjoined August 2007 Final Rule:

First, DHS proposes a new 5-day rule for responding to a No-Match letter: The August 2007 Final Rule instructs employers seeking the safe harbor that they must “promptly” notify an affected employee after the employer has completed its internal records checks and has been unable to resolve the mismatch.  DHS believes that this obligation for prompt notice would ordinarily be satisfied if the employer contacts the employee within five (5) business days after the employer has completed its internal records review. 

Second, DHS acknowledges existing “Grandfather Clause” for workers hired before November 6, 1986: When Congress enacted INA section 274A as part of the 1986 Immigration Reform and Control Act, it included a grandfather clause exempting workers hired before IRCA's date of enactment.  Because those statutory bars against hiring or continuing to employ individuals without work authorization do not apply to workers within that grandfather clause, the August 2007 Final Rule, as published and as supplemented by this rulemaking, does not apply to any such workers that may be listed in an SSA no-match letter.”

It is important to note at this time that the rule does not create new legal obligations for businesses.

Legal experts anticipate that this Supplemental Rule will lead to a Supplemental Final Rule, which should be released sometime this summer.  Employers should bear in mind that the No-Match Rule was originally due to take effect on September 14, 2007, but is currently enjoined from becoming effective by the U.S. District Court. Until the preliminary injunction is lifted, the “Safe Harbor” provisions as well as the rest of the Rule cannot take effect.  In addition, the Social Security Administration (SSA) was instructed not to issue No-Match letters to employers until the injunction is lifted.

It is the position of DHS that the Proposed Supplemental Rule addresses the issues the U.S. District Court raised in its order granting the injunction.  In DHS’ view, the  Supplemental Proposed Rule sufficiently addresses the issues the Court raised, and the Agency will now ask the Court to “dissolve” the preliminary injunction.

It is observed by legal experts that many employers in the U.S. started implementing their own internal Social Security No-Match policies when the regulations were being drafted and throughout the litigation.  Employers have taken action in response to the DHS rulemaking and a heightened awareness of the penalties and liabilities associated with hiring and continuing to employ unauthorized workers.

It is recommended by those engaged in compliance counseling that it is imperative for employers to think about internal compliance policies considering the benefits and costs of a Social Security No-Match policy.  ICE is stepping up criminal enforcement actions as well as administrative reviews and I-9 audits.  ICE is expected to aggressively pursue violators, particularly in identified critical infrastructure sites and targeted industries.

Click here to read more.

Federal Judge Orders an Indefinite Stay on Law Regarding No-Match Letters 
October 11, 2007 – Federal judge, Charles R. Breyer of the Northern District of California, ordered an indefinite delay on the Bush administration’s new strategy to curb illegal immigration. Judge Breyer said that the government used improper procedure in issuing this new rule that would have forced employers to fire workers if their Social Security numbers could not be verified within three months.

This decision is a huge win for employers, as this rule could have lead to the unjust firing of many thousands of legally authorized and workers.

Not only did Judge Breyer order a halt to the rule, his decision also bars the Social Security Administration from sending out about 141,000 no-match letters, covering more than eight million employees, which include notices from the Homeland Security Department explaining the new rule.
Lucas Guttentag, chief immigration lawyer for the American Civil Liberties Union, which helped represent the unions in a lawsuit challenging the rule, said the plan's fatal flaw is its reliance on error-filled Social Security records that could lead to the firings of hundreds of thousands of citizens and legal residents.

Judge Breyer also noted this fact. “There is a strong likelihood that employers may simply fire employees who are unable to resolve the discrepancy within 90 days,” even if they are legal, Judge Breyer wrote.

Yesterday, Judge Breyer ordered a halt to the rule until the court could reach a final decision in the case, which could take many months.

For more on the story, click here.


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Judge Puts Hold on Immigration Penalty Letters to Employers

Story Highlights

  • Government letters are to outline penalties for knowingly hiring illegal immigrants
  • Unions say letters violate workers' rights and unfairly burden employers
  • Judge will revisit case of the "no-match" letters October 1

SAN FRANCISCO, California (AP) - The Social Security Administration cannot start sending out letters to employers next week that carry with them more serious penalties for knowingly hiring illegal immigrants, a federal judge ruled Friday.

Ruling on a lawsuit by the nation's largest federation of labor unions against the U.S. government, U.S. District Judge Maxine Chesney granted a temporary restraining order prohibiting the so-called "no-match" letters from going out as planned starting Tuesday.

The AFL-CIO lawsuit, filed this week, claims that new Department of Homeland Security rules outlined in accompanying letters threaten to violate workers' rights and unfairly burden employers. Chesney said the court needs "breathing room" before making any decision on the legality of new penalties aimed at cracking down on the hiring of illegal immigrants.

She set the next hearing on the matter for October 1.

The Social Security Administration has sent out "no-match" letters for more than two decades warning employers of discrepancies in the information the government has on their workers. Employers often brushed aside the letters, and the small fines that sometimes were incurred, as a cost of doing business.

But this year, those letters are to be accompanied by notices from the Department of Homeland Security outlining strict new requirements for employers to resolve those discrepancies within 90 days or face fines or criminal prosecution if they're deemed to have knowingly hired illegal immigrants.

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BSCAI Member Alert - DHS Set to Finalize New Verification Requirements for Employees
Following the defeat of comprehensive immigration reform legislation in the U.S. Senate, the Department of Homeland Security has indicated that it will likely finalize rules regarding new verification procedures for employers that receive no-match letters from the Social Security Administration (SSA). The rules, proposed last June, would require employers to take affirmative steps to verify workers' identities if they receive notice from SSA regarding a mismatched Social Security Number, and for the first time would require employers to fire employees or risk enforcement action. These rules were initial summarized last year by the Government Affairs team, and BSCAI filed comments with the Department of Homeland Security opposing the rules in their draft form.  From our discussions with other business groups, and contacts in Washington, we anticipate that the final rules will offer a longer period for verifying identity (perhaps up to 90 days), but will nevertheless require BSCAI members to request new documentation from their employees in many instances. 

A copy of the rule can be secured from the BSCAI Web site, and a summary follows below.  While this summary reflects the draft rules containing a 63-day deadline for resolving discrepancies, we nevertheless expect that time frame to be lengthened in the final rule.

Summary of Proposed DHS Rule

The proposed DHS rule would amend the definition of “knowing” in 8 CFR 274a.1(l)(1), in the portion relating to “constructive knowledge.” Under the proposed rule, when an employer receives a no match letter, they can take advantage of a safe harbor by taking the following steps:

1) Review internal records within 14 days to determine whether the discrepancy is clerical -- i.e., the records were improperly transcribed, misspelled, or other similar error occurred, and advise either SSA or DHS of the mistake.

2) In the event that there is no clerical discrepancy, an employer should request that the employee confirm that the employer's records are correct, and if not, contact the appropriate agency to resolve any inaccuracies or provide corrected documents or records to the relevant agency.  A discrepancy will be considered "resolved" under the proposed rule once the employer verifies with the SSA or DHS that the corrected records have been verified.  Under the proposed regulation, an employer should complete this process within 14 days.

3) Completing and submitting a new I-9 within 63 days of receiving the no match letter, so long as:

a) no document containing a social security number or alien number contained in the no match letter is used in completing the I-9;

b) no receipt for an application for a replacement document containing a social security or alien number contained in the no match letter is used in completing the I-9;

c) a document with a photo must be used to establish identity; and

d) the new I-9 must be retained in the same manner as earlier I-9's.

In the event that the discrepancy cannot be resolved within 60 days, and a new I-9 cannot be completed within 63 days, an employer must elect to either terminate the employee or face the risk that DHS will assert that the employer had constructive knowledge that the individual was an unauthorized alien.

The proposed regulation makes clear that this safe harbor does not apply in circumstances where the employer has actual knowledge that the employee is unauthorized or is complicit in falsifying documents.

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BSCAI Legislative Update - Immigration Reform and Employee Free Choice Take Center Stage in Senate
As Congress begins its final legislative push prior to the July 4 recess, two issues of importance to BSCAI members will be on the Senate agenda in the coming week. Beginning this week, the Senate will revive debate on comprehensive immigration reform legislation, with a number of amendments, including amendments to the workforce verification provisions (Title III) anticipated. In addition, Senators are expected to consider the Employee Free Choice Act this week, a bill that contains provisions that could affect how BSCAI members manage their contracts with property owners. While the outcome of both bills is highly uncertain, BSCAI members should be aware of developments, and reach out for the Government Affairs team if they have questions about either of these legislative proposals.

Immigration Reform Bill Returns
After failing to secure agreement with respect to the scope of potential amendments to the immigration bill, Senate Majority Leader Harry Reid (D-NV) attempted to force a vote on the bill two weeks ago. This effort failed to secure the 60 votes needed to end debate on the bill. Majority Leader Reid then pulled the legislation from further consideration, but left open the possibility that further debate on the bill could occur at a future date if there was an agreement on limiting amendments and completing the bill in a reasonable amount of time. At this point, we anticipate that the Senate will return to consideration of the Immigration bill in the next week, and expect that a significant effort will be mounted to make substantial changes to the worker verification requirements contained in the current bill.

BSCAI remains an active member of the Electronic Verification Steering Committee in cooperation with the US Chamber of Commerce and other leading industry groups to advance proposals that are rationale, fair and workable for large and small BSCAI members alike.

Employee Free Choice Act
After passing the House of Representatives earlier this year, the Employee Free Choice Act will likely see Senate consideration prior to the July 4 recess. Also known as the “card check” bill, the proposed legislation would allow unions to be recognized on the basis of card check elections, rather than by secret ballot. The bill would also impose new requirements on employers during an initial bargaining discussion for a first union contract - including a mandatory arbitration clause that could restrict an employer’s ability to halt negotiations and risk a strike by the union. 

At present, the legislation is the subject of an unconditional veto threat by President Bush, and its future in the Senate is very uncertain. Under Senate procedural rules, 60 votes will be required to begin debate on the bill - and given the opposition of a significant number of Republicans to this proposal it may fail to secure the votes necessary for any Senate debate. Nevertheless, this issue, which we highlighted in our opening Government Affairs update this year, is one that the Government Affairs team is carefully watching. Our team is engaging directly with key Republicans, along with the National Federation of Independent Business, to block consideration of this bill.

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BSCAI Legislative Update: Minimum Wage and Immigration Reform

The U.S. House of Representatives and U.S. Senate have adjourned until June 4 for the Memorial Day recess. The last several weeks of Congressional session included significant legislative activity on issues of critical importance to BSCAI members, including an increase to the federal minimum wage, and Senate consideration of a comprehensive immigration reform bill. BSCAI's Government Affairs team has been actively engaged in these efforts, and expects to be working throughout the coming weeks with coalition partners to ensure that BSCAI's voice is heard on these key debates.

Minimum Wage
In an effort to secure sufficient bipartisan support for the Iraq spending bill, Democrats included provisions in the legislation that would increase the minimum wage to $7.25 between now and 2009. This legislation passed the House and Senate last night, and is expected to be signed into law in short order by the President. Under the new minimum wage provisions, the federal minimum wage will increase to $5.85 per hour effective in late July 2007. In July 2008, the minimum wage will increase again to $6.55 per hour, with a final increase to $7.25 per hour in July 2009. In addition to the minimum wage increase, the Iraq spending bill also contained a series of small business tax incentives, including:

  • Extension of the Work Opportunity Tax Credit;
  • A retroactive extension and expansion of expensing for small business; and
  • Modifications to the treatment of S Corporation income.

Immigration Reform
The Senate has again begun the process of debating legislation to reform the U.S. immigration system, including the creation of a temporary guest worker program, and provisions for the legalization of many immigrants already in the U.S. In addition, Title III of the proposed bill would impose new requirements on all employers, including BSCAI members, to verify the eligibility of their workforce using the Electronic Employment Verification System (EEVS, or Basic Private Pilot). Title III would also require all employers to verify that any subcontractors with whom they maintain a business relationship are themselves registered with EEVS. 

The current draft of Title III contains a number of provisions that would create the potential for administrative and regulatory burdens on BSCAI members both large and small, including additional training and certification requirements, and the potential for open-ended rulemaking by the Department of Homeland Security. BSCAI's Government Affairs team is actively working with other business groups and key Senators to develop amendments to improve these aspects of the bill and ensure that any new verification requirements are fair, workable, and effective. The Government Affairs team met at length with lead staff for Senate Majority Leader Harry Reid last week to outline the concerns of BSCAI members, and the challenges that BSCAI members face in accurately verifying their workers without exposing themselves to legal liability for discrimination. We will continue these meetings and will offer amendments to the bill when the Senate returns to debate on June 4.

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Proposed DHS Changes to "No-Match" Letters On Employees

As you may be aware, the US Department of Homeland Security (DHS), in coordination with the Social Security Administration (SSA), proposed changes to the current process for issuing "no-match" letters on employees, as well as changes to employer responses to these letters. Chief among the changes would be new deadlines that would require employers to resolve any discrepancies identified by DHS or SSA within 63 days of receiving a no-match letter, and the involvement of DHS in the no-match process. A number of industry groups, as well as BSCAI members, expressed concerns that the proposed regulation would create significant and unnecessary burdens on our industry, for both large and smaller employers alike. These burdens include recordkeeping, communicating with employees about their status, and communicating with federal agencies to resolve any discrepancies.

BSCAI's Government Affairs team prepared formal comments to the proposed rule that were submitted to DHS outlining our concerns.
Click here to see a copy of these comments and click here to see a copy of the proposed rule. As DHS considers all comments to the rule, we would strongly encourage you to contact your Congressman and Senators to highlight the negative impacts of the proposed rule, and encourage them to reach out for the agency to request that they consider (1) further extending the comment period to allow for the collection of additional data; (2) delay any further consideration of the rule until revisions to U.S. immigration law can be completed by Congress; and (3) enact rules that do not impose unwarranted burdens on America's businesses.
To identify your Senators, visit
www.senate.gov
, and to identify your Representative, visit www.house.gov (where you can enter your zip code and identify your Member of Congress.

These Alerts are made possible through the support of BSCAI members for the BSCAI Government Affairs Fund (GAF).  GAF resources allow BSCAI to engage lawmakers and regulatory agencies on the issues of critical importance to our industry, and develop updates and informational guidance that helps your business achieve compliance with increasingly complex regulatory regimes.  The Government Affairs Team needs your support to continue these efforts.  More than 500 BSCAI members currently support the Government Affairs Fund -- ensuring that BSCAI maintains a strong presence in Washington and delivers value to our members.  You can contribute to these efforts by clicking here https://vault1.secured-url.com/bscai/reg/gaf_contribution_01.asp.

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Update on Current Efforts to Impose State Sales Tax on Services

A number of states modify their sales tax laws once every legislative session, while others are fairly static.  In order to close budget gaps and harmonize state tax policy, a number of states have begun to look at sales taxes on services as a source of revenue.  These tax changes can and do have a significant impact on BSCAI members, and accordingly the Government Affairs team has surveyed the states to identify current tax rates, as well as pending regulatory or legislative changes to the current classification for services. 
 
In order to provide information on trends in services taxation, we have included historical data on each state, as well as identified the various types of building services that may be taxed in each state.  This information is intended to serve BSCAI members as a resource as they conduct business, explore opportunities in other markets or states, or develop new pricing proposals and structures.

Click here to view the chart, available to members only.  If you are not a member of BSCAI join today to get access to this valuable information.

These Alerts are made possible through the support of BSCAI members for the BSCAI Government Affairs Fund (GAF).  GAF resources allow BSCAI to engage lawmakers and regulatory agencies on the issues of critical importance to our industry, and develop updates and informational guidance that helps your business achieve compliance with increasingly complex regulatory regimes.  The Government Affairs Team needs your support to continue these efforts.  More than 500 BSCAI members currently support the Government Affairs Fund -- ensuring that BSCAI maintains a strong presence in Washington and delivers value to our members.  You can contribute to these efforts by clicking here https://vault1.secured-url.com/bscai/reg/gaf_contribution_01.asp.

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Immigration Enforcement Alert: DHS Enforcement Ramps Up

Last week the Bureau of Immigration and Customs Enforcement (ICE) arrested more than 1,000 employees and seven managers of a Houston-based supply company -- kicking off a new federal enforcement effort targeted at employers.

Homeland Security Secretary Michael Chertoff, in discussing the raid, compared the hiring of illegal workers to organized crime, and indicated that ICE would begin using more aggressive intelligence gathering methods and increased prosecutions to combat illegal hiring.  This first raid netted employees in 26 states, many of whom work in facilities manufacturing pallets for the shipment of agricultural and high-tech products.  According to documents filed by the Department of Homeland Security, the company managers paid undercover officers to secure fraudulent documents for their employees, provided housing and transportation for some of the illegal workers, and were fully aware of their status when they were hired. 

One of the key pieces of information used by investigators was that more than half of the company's workers had invalid social security numbers, which led to a more intensive investigation that involved the use of undercover agents and law enforcement personnel in dozens of jurisdictions. 

According to Secretary Chertoff, DHS and ICE will be adding 171 more work-site enforcement agents, as well as 17 special teams of investigators, in an effort to more effectively combat illegal immigration and illegal hiring.  Nationwide, prosecutions of employers for hiring illegal immigrants have more than tripled from 2004 to 2005 -- with additional increased expected this year.

Even as this massive raid took place, Senators were planning to return to Washington to reconvene debate on immigration legislation that had stalled in mid-April.  As immigration demonstrations continue across the country, the Senate will attempt to craft a compromise that reflects the need for both improved policy and security at the border. 

We will continue to provide updates on this and other issues important to BSCAI members through the Government Affairs Program.

These Alerts are made possible through the support of BSCAI members for the BSCAI Government Affairs Fund (GAF).  GAF resources allow BSCAI to engage lawmakers and regulatory agencies on the issues of critical importance to our industry, and develop updates and informational guidance that helps your business achieve compliance with increasingly complex regulatory regimes.  The Government Affairs Team needs your support to continue these efforts.  More than 500 BSCAI members currently support the Government Affairs Fund -- ensuring that BSCAI maintains a strong presence in Washington and delivers value to our members.  You can contribute to these efforts by clicking here https://vault1.secured-url.com/bscai/reg/gaf_contribution_01.asp.

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Illegal Subcontracting: Toolkit, Recent Developments and Resources

The Government Affairs Team has developed a "toolkit" on illegal subcontracting for BSCAI members to assist them in combating this practice that creates an unfair advantage in the building services contracting market.  In addition, the team has presented on the dangers of illegal subcontracting at BSCAI's Annual Convention and Trade Show, as well as to BOMA members at regional conferences in an effort to raise awareness of the risks of using service providers that themselves use illegal subcontractors.  Click here http://www.bscai.org/problem_solver/login.asp to access the toolkit documents as well as recent presentations on this issue - AVAILABLE TO MEMBERS ONLY.  If you are not a member of BSCAI join today to get access to this valuable information.

In recent developments, the IRS is again focusing on the issue of illegal subcontracting -- as the President's proposed budget for Fiscal Year 2007 (October 1, 2006 - September 30, 2007) has highlighted review of subcontracting rules as a strategy for preventing tax fraud.  We will continue our outreach and discussions with IRS officials on this issue of primary importance to many BSCAI members.

These Alerts are made possible through the support of BSCAI members for the BSCAI Government Affairs Fund (GAF).  GAF resources allow BSCAI to engage lawmakers and regulatory agencies on the issues of critical importance to our industry, and develop updates and informational guidance that helps your business achieve compliance with increasingly complex regulatory regimes.  The Government Affairs Team needs your support to continue these efforts.  More than 500 BSCAI members currently support the Government Affairs Fund -- ensuring that BSCAI maintains a strong presence in Washington and delivers value to our members.  You can contribute to these efforts by clicking here https://vault1.secured-url.com/bscai/reg/gaf_contribution_01.asp.

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Immigration Reform:  Challenges and Legislative Updates

Worker shortage and immigration reform continue to be issues that are directly linked to the economic health of our industry.  Many regions of the country continue to face challenges in recruiting and retaining workers for building services jobs, even as inconsistent enforcement of immigration laws present another series of compliance challenges for many BSCAI members.  The Government Affairs Team has been engaged on the front lines of the debate over rationale reforms to our nation's immigration policies both as an association and in coordinated efforts with the U.S. Chamber of Commerce and other business coalitions.  In the past eighteen months, immigration has become a central issue in the Washington policy debate, and the Government Affairs team has continued to provide updates to BSCAI members on these developments.  Below is a summary of the legislative landscape for immigration reform. 

These Alerts are made possible through the support of BSCAI members for the BSCAI Government Affairs Fund (GAF).  GAF resources allow BSCAI to engage lawmakers and regulatory agencies on the issues of critical importance to our industry, and develop updates and informational guidance that helps your business achieve compliance with increasingly complex regulatory regimes.  The Government Affairs Team needs your support to continue these efforts.  More than 500 BSCAI members currently support the Government Affairs Fund -- ensuring that BSCAI maintains a strong presence in Washington and delivers value to our members.  You can contribute to these efforts by clicking here https://vault1.secured-url.com/bscai/reg/gaf_contribution_01.asp.

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Legislative Proposals on Immigration Reform

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

As the first half of the 109th Congress drew to a close last December, the U.S. House of Representatives fired the first legislative salvo on immigration reform with the passage of H.R. 4437.  For BSCAI members, one of the proposals of greatest concern is legislative language that would create a new employee verification system for U.S. businesses. This system would require all employers to verify the eligibility of both new and existing employees.  While the proposed system would expedite the verification process by providing a tentative determination within three days and a formal verification within 10 days of an employer’s request, the legislation would also impose substantial penalties for non-compliance – including a $25,000 fine per worker for employers who either do not use the system or who employ ineligible workers. 

In addition to the verification provisions, the House bill would make a person’s unlawful presence in the United States a criminal act rather than a civil offense.  Despite the new enforcement regime, the House proposal fails to include guest worker provisions favored by both the White House and a bipartisan group of Senators.  House sponsors of the bill, including Reps. Tom Tancredo (R-CO) and Jim Sensenbrenner (R-WI) plan to make guest worker programs the subject of debate in any conference committee – once the Senate has passed its own legislation. 

Senate action on immigration is expected to commence this spring, with competing proposals introduced to address the pervasive problem of undocumented workers.  With the Senate deeply divided, any legislation will likely undergo many changes before a final bill is passed.  March will be a critical month in the Senate debate, as the Senate Judiciary Committee will attempt to craft a bill in advance of full Senate debate later in the month.  While the precise shape of the consensus proposal has yet to emerge, a guest worker program will likely be a central feature.

New Enforcement Tactics
Also of concern to BSCAI members is a new tactic in the Homeland Security enforcement arsenal -- staging raids for illegal workers that on the surface appear to be workplace safety seminars.  Last year, the Bureau of Immigration and Customs Enforcement (BICE) posted flyers offering a seminar on workplace safety for janitorial employees, and then arrested attendees.  This strategy was immediately criticized and opposed by the Department of Labor and the Occupational Safety and Health Administration, but BICE has not committed to halting this practice.  Look for more information on developments in the enforcement arena in future updates and in Services Magazine.

These Alerts are made possible through the support of BSCAI members for the BSCAI Government Affairs Fund (GAF).  GAF resources allow BSCAI to engage lawmakers and regulatory agencies on the issues of critical importance to our industry, and develop updates and informational guidance that helps your business achieve compliance with increasingly complex regulatory regimes.  The Government Affairs Team needs your support to continue these efforts.  More than 500 BSCAI members currently support the Government Affairs Fund -- ensuring that BSCAI maintains a strong presence in Washington and delivers value to our members.  You can contribute to these efforts by clicking here https://vault1.secured-url.com/bscai/reg/gaf_contribution_01.asp.

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WEBSITE OFFERS EMPLOYERS WORK AUTHORIZATION VERIFICATION
The Systematic Alien Verification for Entitlements (SAVE) Program is an intergovernmental information-sharing initiative designed to aid eligibility workers in determining an applicant’s/recipient’s immigration status, and thereby ensure that only entitled applicants/recipients receive Federal, state, or local public benefits. The SAVE Program is an information service for benefit issuing agencies, institutions, and other entities. The SAVE Program also administers employment verification pilot programs that enable employers to quickly and easily verify the work authorization of their newly hired employees. From this site you can obtain the following information:

The Basic Pilot Employment Verification Program (Basic Pilot) involves verification checks of the SSA and DHS databases, using an automated system to verify the employment authorization of all newly hired employees. Participation in the Basic Pilot Program is voluntary, and is free to participating employers. The Basic Pilot: removes guesswork from document review during the Form I-9 process, allows participating employers to confirm employment eligibility of all newly hired employees, improves the accuracy of wage and tax reporting, and protects jobs for authorized United States workers.