Immigration dilemma

State's advice on database doesn't match letter of law

Joanne Kelley, Rocky Mountain News

Tuesday, December 12, 2006

State labor officials want employers to use a national database to check the work status of new hires, even though legislators decided against including such a requirement in a new law that takes effect Jan. 1.

House Bill 1017 aims to crack down on illegal immigration by requiring employers to keep copies of the documents they are already required to check under federal law. But the Colorado Department of Labor is now advising companies to sign up for a federal online screening program called Basic Pilot.

"We would certainly strongly prefer it," said Drew Durham, the department's inspector general.

"We're using the term 'recommendation.' "

Lawmakers deliberately left out any requirement to use the database when they passed the bill this year. Instead, employers must affirm they have examined documents provided by new workers.

"It wasn't clear that Basic Pilot was ready for prime time, at least as a national, instantaneous, foolproof system," said House Speaker Andrew Romanoff. "The legislation doesn't recommend anything (about using it)."

Romanoff noted that another immigration bill that affects state contractors included a requirement to use Basic Pilot.

That law, House Bill 1343, was passed before lawmakers learned about reported shortcomings of the Basic Pilot system. The law also affects fewer employers and the database "might be up to speed for that audience," but not for the entire state, Romanoff said.

But the Labor Department's guidance on the topic has raised questions about what some see as an otherwise straightforward new law.

"The (department) appears intent on leaving employers having to consult the stars to determine what may or may not be a requirement," said Yvan Murad, an immigration-services lawyer with the Mountain States Employers Council.

"This now raises a concern that employers who are not following a recommendation, but are complying with the letter of the law, may be disadvantaged."

Murad said the recommendation, which is posted on the department's Web site, has so far reached only "a small number of employers."

Murad's group is among those raising questions about whether the federal Basic Pilot database can handle all the employers in Colorado if they try to sign up.

A Los Angeles-based immigrants'-rights group also points to a federal report that showed problems with the Basic Pilot program.

"It sounds like an easy fix," said the National Immigration Law Center's Tyler Moran, a policy analyst who will be in Denver today to speak on a panel about the new law. "The reality is, it's not a panacea. It's used by a very small number of users and has demonstrated that it's not ready."

Added Romanoff: "I think what's going on here is states like ours are jumping ahead of the federal government and, in part, even ahead of technology."

Helpful Web sites for employers

New state law taking effect Jan. 1 will require all Colorado employers to check work eligibility of new hires. Companies must also keep copies of the documents they check to determine status of new employees.

While state lawmakers decided not to require companies to check federal databases, the Colorado Department of Labor has suggested employers use:

• Basic Pilot Program: (www. vis-dhs.com/EmployerRegistration)

Checks status of new hires in Social Security Administration and Department of Homeland Security databases.

• Social Security Number Verification Service: (www.social security.gov/employer/ssnv.htm)

The site, maintained by the Social Security Administration, verifies Social Security numbers and answers most inquiries immediately. It takes about two weeks after registering to receive a code to use the system.Source: Rocky Mountain News

kelleyj@RockyMountainNews.com or 303-954-5068