I-9 Waiver Trumps S.A.V.E.

"On September 6, 2005, DHS announced that, for the next 45 days, it will not sanction employers for hiring Hurricane Katrina victims who are unable to obtain work or identity documents. The I-9 will need to be completed to the extent possible. At the end of 45 days, DHS will review the policy. AILA had been seeking a waiver of I-9 requirements for Katrina victims."

This was forwarded by our corporate offices. There is no mention of whether employers will later have to view documentation after workers have had opportunity to get new documents. This presents an unusual 'opportunity' for both workers and employers to fly under the radar regarding normal I-9 requirements.

Comments

  • 9 Comments sorted by Votes Date Added
  • My take on it is that it renders the I-9 process useless. Throughout the DHS press release it does state that it has to be as a result of the hurrricane. How an applicant will prove that is anybody's guess. Maybe we just take the applicant's word for it. After the 45 days we will be getting "further recommendations". I, for one, cannot wait to see what they say next.
  • We received the same notice. I guess the first step is to identify 'victims of Hurricane Katrina' to see if they qualify for the exception.

  • Don: I also read that notice but I also read in the one sent to me that the employer responsibility for I-9 data verification was not to be waved. You see if someone has a green card and social security card or a number, on the I-9 the DHS can enter their data banks and validate the information regardless of the possession of cards. Additionally, an HR that has in good faith hired anyone and attempted in good faith to check the I-9 information will most likely not be punished. The SAVE program would do just that for you.

    PORK
  • PoRk: Your conversations with President Bush have confused you. The news story did not mention those things at all. If an individual tells the employer that he/she was affected by the hurricane and indicates he/she has lost his/her wallet or ID, you stop right there as far as document requests and you may hire them without viewing or documenting or copying or running S.A.V.E. searches. Databanks, good faith and punishment have nothing to do with it. Don't infiltrate my thread. Go back to your own.
  • Don:
    I did not infiltrate your thread, the things written below are as I had read them and checked with SAVE Staff for clarifications. Since you do not have SAVE as a part of your professional profile or tools of the trade, you would not be able to understand my post to read, as you have written below. Employer must complete the I-9 and check within one's ability the data provided. If the employer has hired someone "in good faith" and "checked within their abilities", the DHS will not sanction for the next 45 days.

    However, you would be more easily treated and more kindly by DHS in validating your I-9s because you do not have SAVE. I on the other hand can not use the excuse "we'll this employee was a Katrina victim and had lost all of their valuable documents, so I hired them accordingly"! Not only do I have on-line service, but there is a friendly voice on the other end that is willing to work with me in any way to validate data applied onto the I-9.

    Now don't you feel badly that you were so rude to my post on your thread. I thank you for one more opportunity to get the word out and you have certainly done that very well.

    PORK


  • pOrK, I will have you know that the proponent for the I-9 is NOT the SAVE department, whatever the hell that may be. Last I checked the entire SAVE program was comprised of 5 or 6 low level clerks sucking the non-appropriated fund nipple. Thank goodness funding goes away for this pile of crap next year. If I had it my way I would immediately shut-down SAVE and divert it's funds to Katrina relief.
  • I-9 REQUIREMENTS
    FOR
    KATRINA VICTIMS


    On September 6, 2005, Department of Homeland Security announced that, for the next 45 days, it will not sanction employers for hiring Hurricane Katrina victims who are unable to obtain work or identity documents. The I-9 will need to be completed to the extent possible. At the end of 45 days, DHS will review the policy.


    September 7, 2005


    VERIFICATION OF EMPLOYMENT ELIGIBILITY
    KATRINA DISASTER VICTIMS

    As of today, the Department of Homeland Security announced that it will not sanction employers for hiring victims of Hurricane Katrina who, at this time, are unable to provide the documentation normally required for verification of employment for I-9s.

    We still must complete an I-9 for each employee we hire, and for those affected by the hurricane, we must note that the documentation required is not available due to the events of Hurricane Katrina.

    The Department of Homeland Security will review this policy at the end of 45 days. As we receive additional information, we will send it out.

    This temporary change in policy in explained in the press release that follows from the Department of Homeland Security.



    NOTICE REGARDING I-9 DOCUMENTATION REQUIREMENTS FOR HIRING HURRICANE VICTIMS

    WASHINGTON, DC – The Department of Homeland Security (DHS) announced today that it will not sanction employers for hiring victims of Hurricane Katrina who, at this time, are unable to provide documentation normally required under Section 274A of the Immigration and Nationality Act. DHS will not bring sanction actions against employers for hiring individuals evacuated or displaced as a result of Hurricane Katrina otherwise eligible for employment but who currently lack personal documents.

    U.S. employers are responsible for completing and retaining Employment Eligibility Verification (I-9) Forms for individuals they hire for employment. This form requires employers to verify employment eligibility and establish identity through original documents presented by the employee. For victims of Hurricane Katrina, many individuals lack these documents as a result of being evacuated from their homes, loss or damage to personal items and records, and ongoing displacement in shelters and temporary housing. Additionally, as a result of the widespread damage and destruction to government facilities in the area affected by the hurricane, it can be expected that many victims will be unable to apply and receive new documents in the period of time required by the employment verification rules.

    Therefore, the Department of Homeland Security will refrain from initiating employer sanction enforcement actions for the next 45 days for civil violations, under Section 274A of the Immigration and Nationality Act, with regard to individuals who are currently unable to provide identity and eligibility documents as a result of the hurricane. Employers will still need to complete the Employment Eligibility Verification (I-9) Form as much as possible but should note at this time that the documentation normally required is not available due to the events involving Hurricane Katrina. At the end of 45 days, the Department of Homeland Security will review this policy and make further recommendations.





  • [font size="1" color="#FF0000"]LAST EDITED ON 09-13-05 AT 10:24AM (CST)[/font][br][br] >I-9 REQUIREMENTS
    >FOR
    >KATRINA VICTIMS
    >
    >
    > for the next 45 days, it will not sanction employers for hiring Hurricane Katrina victims who are unable to obtain work
    >
    >Please advise how someone who is unable to obtain work has an employer? (Or is this just another example of Bushspeak?) 8-}



  • pOrK, I will have you know that the proponent for the I-9 is NOT the SAVE department, whatever the hell that may be. Last I checked the entire SAVE program was comprised of 5 or 6 low level clerks sucking the non-appropriated fund nipple. Thank goodness funding goes away for this pile of crap next year. If I had it my way I would immediately shut-down SAVE and divert it's funds to Katrina relief.
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