Possible illegal immigrant

All,

In the process of completing a background check, we have received information from the report to indicate that we have a gentleman who may be here illegally. In the heightened concern after 9/11, I want to make sure I do the right for our organization. Do I have a legal obligation to report this to anyone other than INS?

Comments

  • 17 Comments sorted by Votes Date Added
  • teewhy68: I sent you a e-mail. You should not report anything to INS, until you have verified the name spelling, ssn, date of birth and gender verified with the SSA over the 800 number. After verification, and subsequent suspension of the ee until he/sh has gone to the local SSA to correct the mismatch. If the individual is illegal he/she will not return. After which you might want to report the person as you know him to be a suspected illegal foreign national.

    PORK
  • Pork, I have read your many posts with respect to your support of some of your employees who are considered illegal. However, if the individual in questions was one of the terrorists, in the country with a fake ID, wouldn't this practice allow the person to continue to evade the authorities?

    What are the odds, that the illegal is one of those that Homeland Security is interested in? I don't know what the answer is, but this approach does not seem right to me.
  • MARC: Been there and done that, Department of Homeland security is not interested at this point in rounding up the 6 to 11 million illegals in our world of work and country. The company is the one to be protected for the very near future, right now! We will have a Presidential Election before the immigration issue plays out. Kerry & Edwards will make everyone of them legal over night; Bush will try again to get a temporary worker program on-board. Our Fed government will not move on one person.

    PORk
  • No wonder we can't seem to find all of those people that they know are in the country planning to cause havoc.
  • I have personally written to our state senators and house of Reps, as well as, our new govenor to recommend at least an employer action to register and identify these good people, that we have contributing to our business and taxes for both the state and Feds, as well as, our unemployment and social security programs, and community commerce. Our hard working employees are all making much better than the minimum wage and love the hard physical work. One of our females has risen to the level of Assistant Manager and making $550.00 gross per week.

    Everyone in our government is in a wait and see mode! If the republicians win big, just maybe good controls and identifications will be put in place. If the dems win the liberal welfare state will be up and running well for another few years, and the size of the populations of the unknowns will double again.

    Ain't it fun working in the HR world with all these daily challenges?

    PORK
  • Yes, it is fun, despite some of the headaches we all describe. If it was easy, they would not call it work and everyone could do it.

    I had bacon & eggs for breakfast, love those pork products!
  • Pork's suggestion to verify the info with SSA is a good one. What exactly did the background check say, "subject not found", or "no such person exists"? Interesting. Approximately 1 million illegals come to the US from Mexico alone, so Pork's point about the feds chasing one lonely illegal is valid. However, you have to cover your behind and protect the company. Verify info with social security, and suspend w/o pay if the number isn't valid. Tell the employee that you must verify any SSN he/she brings you. I doubt the person will return.
    Linda Emser
  • The information actually came back indicating that the SSN belongs to a young lady in Michigan. We triple checked the number and we've asked that he bring in the actual SSN. We'll see what happens.

    TY
  • Don't hold your breath. I'm just another who will 10-4 the fact that this person will never again darken your door. Asign the locker to somebody else. x:-)
  • TEEWHY68: BUT JUST IN CASE HE DOES BRING IN HIS SOCIAL SECURITY CARD...simple review the card check the number he gave you on his application or any other hiring document, then issue the ee the suspense warning form with specific instructions to report to the SSA to have the mismatch verified against his name, birthdate, and gender. Believe it or not we have had three mismatches that was simply his or her gender, another was that we had inputted the wrong information into their system through a payroll data base error. Once discovered these errors were quickly changed by SSA and we corrected our data input with the next quarter data input. The real illegals (foreign nationals) have never come back!

    By the way the SSA will give the individual a document to return to you which identifies the actions they have taken.

    I had one that did come back with a new number and identification documents brand new. I did dispatch him out the door and told him not to come back, comprende? He has never returned. I am sure he went to work in the potatoe fields.

    PORK
  • And now the problem is simply someone else's? Is that really all we can do? Thank goodness I don't have these problems, but Idon't know if I could in good conscience accept Pork's approach. Sometimes you make a report even if you know it really won't do any good. I think it would at least make me feel better. Glad it's you guys and not me. No. Wish this wern't happening to any of us.
  • Just a point or two for your education and use as you deem appropriate.

    One of our legal Hispanic ee was raped by two of the our illegal immigrants. We assisted the local sheriff in the case and the apprending of the two suspects. They were part of the group of 15 that had confessed to being illegal during the "Pres Clinton Amnesty program of 2001, which we had assisted them in applying for a change in status, so we knew them to be illegal. I informed the local Sheriff's Department, who contacted the INS, who said to the Sheriff, "well, we can't do anything with them until they are convicted, so hold them as long as you can". We terminated their employment and cancelled their application for status change, based on our attendance policy. They made bail, even after I informed the County Attorney, who pleaded with the judge that these men should not be allowed bail, for they would be a real risk to jump bail. We lost, the judge put $100,000 bond on them. I contacted the most active bails bondsmen, a female, and informed her of the potential loss, as I knew these incarcerated alledged rapist would be a risk as illegals. She did it anyway! One jumped bail immediately, the 2nd was bailed out, but stayed in the area and was later arrested for DUI, this time he was jailed for good, no bail. The INS and Federal Marshalls picked him up after sentencing and deported him.

    Marquita,is still working and is married to a US Citizen. She will soon get her citizenship.

    Believe me, when I say the Department of Home Land Security is not ready or interested in the "minnows in the ocean of illegals".

    Vote Bush, if you want to see a good change, vote Kerry if you want to see all 11 million foreign nationals with the same rights as gays and we married folks across this great nation.

    PORK
  • I heard this somewhere else but feel I should repeat it. Isn't it strange that we can track one mad cow right down to every pen it left dung in but we can't seem to track all of the foreign nationals in the USA!
  • I heard a fact on the radio this morning that in our country there is around a million or so cows in our country and that is why our government does only test high risk cows for Mad-Cow. there are more illegals than there are cows.

    PORK
  • [font size="1" color="#FF0000"]LAST EDITED ON 07-15-04 AT 11:39AM (CST)[/font][br][br]I hate to inform you PORK but the fact you heard was false. In the county I live in there are over 400,000 head of cattle on feed at any given time. In a twelve county area in western KS there are over 1.74 million head on feed at any given time. Kansas ranks second in the number of cattle processed annually at 7.36 million head. Of course, cows refer to the female bovine and not steers or bulls but even at that the facts you heard cannot be true.

    Sorry PORK, I forgot to mention that there are several growing facilities for pork in this twelve county area that service a pork processing facility in OK.
  • THANKS, I HAVE BEEN WRONG BEFORE; THE POINT BEING, THERE ARE MORE ILLEGALS IN OUR COUNTRY THAN COWS, AND WE KNOW PERCISELY WHERE THEY ARE AS YOU HAVE JUST REVEALED. SO IF WE CAN'T TEST EVERY SINGLE COW FOR MAD-COW, AND WE KNOW WHERE THEY ARE, THEN IT IS EASILY UNDERSTOOD WHY WE CAN'T TRACK 11 MILLION ILLEGAS, AND WE HAVE NO IDEA AS TO WHERE THEY ARE OR WHO THEY ARE! We know where a few are, they are working as legal foreign nationals, but they are not really legal because they have apparent legal docuements and they are not who they say they are.

    PORK
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