Social Security Checks Called 'Silent Raid' On Illegals

Salt Lake Tribune ^ | July 14, 2002 | Dawn House

[Tancredo Fan]

Social Security Checks Called 'Silent Raid' On Illegals

Sunday, July 14, 2002

BY DAWN HOUSE (c) 2002, THE SALT LAKE TRIBUNE

The 30-year-old Mexican immigrant fights back tears as he talks about what awaits his family now that he has been fired from his job because his Social Security number didn't match federal records.

"There is nothing there for us," says the Salt Lake City man as he puts his arm around his daughter and talks about his possible deportation to Mexico.

The former welder is among the 500 to 700 Mexican nationals who have contacted their country's consulate in Salt Lake City this year for help after receiving notices from bosses that they have been or will be fired because their Social Security numbers are invalid.

"The number is astounding," Mexican Consul Martin Torres said of the calls.

"Unfortunately, we must tell people that if their documentation is improper, there is nothing we can do except make sure that employers do not take advantage of the situation, that they pay whatever wages are owing."

The Utah cases appear to be a small manifestation of what Angela Kelly, deputy director of the National 15 Immigration Forum, fears is -- in effect, if not intent -- a nationwide crackdown on illegal immigration.

So far this year, the Social Security Administration has mailed 750,000 letters to the nation's employers that said some of their workers' names and Social Security numbers didn't match the federal database. The number of "no match" letters sent out this year is up dramatically from the 110,000 sent out last year, according to Social Security spokesman Mark Lassiter. He said the initiative is simply part of a longtime effort to catch mistakes that could deprive U.S. workers of Social Security benefits.

"Concerns about national security, along with the growing problem of identity theft, have caused us to accelerate our efforts," Social Security Commissioner Jo Anne Barnhart said last month.

But Kelly said the stepped-up effort amounts to "a silent raid against undocumented workers."

"This is a high stakes policy that the Bush administration is pursuing," she said. "It doesn't take a rocket scientist to know a lot of the people with invalid Social Security numbers are working here illegally. This will have a ripple effect that people across the country will feel."

It is estimated that 8 million to 14 million workers in the United States are undocumented, including 4 million Mexican nationals.

"The initiative is not about undocumented workers," said Bill Bates, Social Security Western states employer liaison officer. "It's about eligible workers getting all the money that is rightfully coming to them."

The Social Security Administration cannot match 7 million to 10 million numbers, he said.

The Social Security form letter clearly states the information should not be used as the basis for discrimination or firing, and that it is not a determination of an employee's immigration status. Marital name changes or even typographical errors can result in mismatches.

The Social Security Administration has no enforcement powers, and it cannot share information with the Immigration and Naturalization Service -- but the IRS can. Under Section 6721 of the Internal Revenue Code, employers can be fined $50 for each invalid Social Security number, up to $250,000 a year.

IRS representatives in Denver and Washington, D.C., refused numerous times to comment on whether the agency is stepping up enforcement against employers whose workers have invalid numbers on tax forms, except to say that fines have been imposed in the past. But employers -- many of whom never received notifications before -- are taking the notices seriously.

At a May meeting of the American Payroll Association in San Antonio, Jerry Michael, chief of the IRS Information Branch, "shocked the audience by saying that these penalties would actually be applied" against employers whose W-2 forms have mismatched names and Social Security numbers, according to a newsletter from the 21,000-member group.

Tom Burger, IRS program manager for employment taxes, was also quoted as saying that penalties would start for the 2002 tax year and that employers could expect IRS notices by mid-2004.

IRS spokesman Jesse Weller would not confirm the report and refused to comment on the issue.

But Norm Goldstein, a Social Security senior financial executive who attended the Texas conference, said that "while what may have been quoted in the newsletter was accurate, the individuals' comments may have been premature." He would not elaborate.

In June, Social Security Employer Liaison Officer Bill Brees told 250 attorneys at the American Immigration Lawyers Association's meeting in San Francisco that the IRS will be conducting follow-up investigations of mismatched Social Security numbers, said panel moderator Nancy Jo Merritt. Brees was unavailable for comment and Goldstein said neither he nor Brees is empowered to speak for the IRS.

John Gay of the American Hotel and Lodging Association said his group has "gotten the message" and alerted its 13,000 members with properties. The National Restaurant Association has also notified its 244,000 members of the IRS initiative.

"Our greatest concern is making sure that employers have a clear mandate from the various entities of the government," said Brandon Flanagan of the restaurant association. "But until we know what that mandate is, we're stressing to our members that the notification from the Social Security Administration is not grounds for dismissal."

Said Teressa Brown of the U.S. Chamber of Commerce: "This initiative is causing confusion, uncertainty and upheaval in the workforce. We're asking for a meeting with the IRS to find out exactly what the government's intentions are."

Washington-D.C. attorney Laura Reiff said she is representing one New York company which has notified 200 of its workers they have invalid Social Security numbers.

Torres said about 100 companies have contacted the Mexican Consulate in Salt Lake City asking for information on how to legalize workers, which he said "undoubtedly has to do with the notification letters."

In Salt Lake City, Mark Steel Corp. has fired 18 employees, Utah Medical Products has terminated six, and three workers failed to show up for their state government jobs after they were told to work out number discrepancies, according to agency and company representatives.

"We would have been happy to have these people as employees if they had the proper documentation, but we had no choice," said Paul Richards of Utah Medical Products. "It is clear that the government is becoming more aggressive at enforcing immigration laws."

Newspaper Agency Corp., the advertising arm of The Salt Lake Tribune and the Deseret News, received notices of at least 10 invalid worker numbers. The company is investigating the problem.

Hunter Douglas Fabrication Co. has informed from 150 to 200 workers nationwide -- including 50 workers at its plant in Murray -- that they must work out discrepancies with the Social Security Administration within 90 days or face possible termination.

"We're waiting to see exactly where we stand at the end of the 90 days before we take any action," said Chris Outlaw, the firm's vice president and general counsel. "We certainly don't want to lose these employees."

Some employees have left their jobs rather than explain the discrepancies, said Provo attorney Jose Silva, who is representing 15 workers notified by five companies that they could be fired.

"The employers' main concern is that they want to keep these employees," Silva said, "but depending on the workers' legal status, there may be nothing they can do, especially if the Internal Revenue Service or the Immigration and Naturalization Service become involved."

Miguel Monterrubio, spokesman for the Mexican Embassy in Washington, D.C., said Mexican officials have asked consulates across the United States to determine how many expatriates are being affected by the notification letters.

"We are making a diagnosis of the implications of this," he added, "to find possible solutions."

Mexican President Vicente Fox has called the estimated 4 million migrants working in the United States heroes. Money sent home by expatriates is a large source of income for Mexico's economy.

Michael Martinez, an attorney and former chairman of the Utah Advisory Board to the U.S. Civil Rights Commission, said employers risk lawsuits if they are unaware of labor and anti-discrimination laws and they single out employees for questioning. He also said that because Utah allows tax identification numbers for purposes of employment, workers do not have to produce Social Security numbers.

Meantime, the fired Utah welder, who asked not to be named because of fear of deportation, said that without a job he will lose his Salt Lake County home.

Other undocumented Mexican workers have been allowed to return to their former company, he said, but at reduced pay and with no benefits.

"I can't live on that pay," he said. "And if I turn in the company I'll be deported. Besides, the people who work there are my friends."

[Illbay]

Well, to be sure most of these types DO end up in detention. My wife's ex-husband, a Salvadoran national who was deported because of a Federal drug trafficking conviction, is still in a holding cell after six months in south Texas after he was caught trying to sneak in.

I have no idea what the statistics are, but not every illegal gets to walk around scot free.

[BJungNan]

I'm sure you are quite correct in that. I was speaking to the present situation where the employer has been contacted by the Social Security Admin and asked for verification of a worker's SS number. In that case it would seem a simple matter, and one to let SSA deal with. Ask the employee to produce the number and if he can not, cya. If he can and it still does not match, let the SSA decide what to do.

This I understand is what is happening. What I find hard to understand is why anyone is making a big deal out of this. Valid SS card, you work. No SS number, no work.

Is this really that hard for the people complaining in the article to figure out? What is all the nonsense about the SSA trying to "raid" illegals, and even if they are, isn't that what they are supposed to do?

I tell you, the whole country has been turned upside down. I don't get it any more.

[Illbay]

dennisw ONLY likes Israeli illegals. He hates everyone else.

[brat]

Well I'm sorry for him, but he shouldn't have been allowed in in the first place. Perhaps now an unemployed American welder will find employment.

[Reaganwuzthebest]

Ziglar needs to be fired.

Ziglar's political Libertarian open borders philosophy is not compatible with his mission as a law enforcement officer. He is openly mixing the two, and the country cannot go on with this. Homeland security demands someone who takes his job seriously.

[ijcr]

three workers failed to show up for their state government jobs

Restaurant jobs? Please elucidate us on how illegal aliens pay Social Security....and how they save America money by free schooling, free school meals, free healthcare and free prison stays.

Those minor details disregarded you do have a point.

[bok]

Why is the United States of America accepting these foreign ID cards from Mexico and others countries?

[Tancredo Fan]

Why is the United States of America accepting these foreign ID cards from Mexico and others countries?

This is astounding. Accepting these IDs issued by one of the world's most corrupt, hostile governments is an absolute outrage. The silence from Washington is deafening, but it will come back in 2004 to haunt the people who have chosen to ignore our security after 9/11. Out the door, and good riddance.

[billhilly]

So what's an illegal immigrant to do when they know they will be shot if they return to their country? Pragmatism is for poor countries.

Why not get their native land's addresses and send their checks there? At least we could avoid all of the other costs, and maybe those terms would allow them to return to their homelands safely.

It is best not to take what I have written seriously. I am just venting my frustration.

[ijcr]

Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

"Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

* assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or

* encourages that alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or

* knowingly assists illegal aliens due to personal convictions.

Recruitment and Employment of Illegal Aliens

It is unlawful to hire an alien, to recruit an alien, or to refer an alien for a fee, knowing the alien is unauthorized to work in the United States. It is equally unlawful to continue to employ an alien knowing that the alien is unauthorized to work. Employers may give preference in recruitment and hiring to a U.S. citizen over an alien with work authorization only where the U.S. citizen is equally or better qualified. It is unlawful to hire an individual for employment in the United States without complying with employment eligibility verification requirements. Requirements include examination of identity documents and completion of Form I-9 for every employee hired. Employers must retain all I-9s, and, with three days' advance notice, the forms must be made available for inspection. Employment includes any service or labor performed for any type of remuneration within the United States, with the exception of sporadic domestic service by an individual in a private home. Day laborers or other casual workers engaged in any compensated activity (with the above exception) are employees for purposes of immigration law. An employer includes an agent or anyone acting directly or indirectly in the interest of the employer. For purposes of verfication of authorization to work, employer also means an independent contractor, or a contractor other than the person using the alien labor. The use of temporary or short-term contracts cannot be used to circumvent the employment authorization verification requirements. If employment is to be for less than the usual three days allowed for completing the I-9 Form requirement, the form must be completed immediately at the time of hire.

An employer has constructive knowledge that an employee is an illegal unauthorized worker if a reasonable person would infer it from the facts. Constructive knowledge constituting a violation of federal law has been found where (1) the I-9 employment eligibility form has not been properly completed, including supporting documentation, (2) the employer has learned from other individuals, media reports, or any source of information available to the employer that the alien is unauthorized to work, or (3) the employer acts with reckless disregard for the legal consequences of permitting a third party to provide or introduce an illegal alien into the employer's work force. Knowledge cannot be inferred solely on the basis of an individual's accent or foreign appearance.

Actual specific knowledge is not required. For example, a newspaper article stating that ballrooms depend on an illegal alien work force of dance hostesses was held by the courts to be a reasonable ground for suspicion that unlawful conduct had occurred.

IT IS ILLEGAL FOR NONPROFIT OR RELIGIOUS ORGANIZATIONS to knowingly assist an employer to violate employment sanctions, REGARDLESS OF CLAIMS THAT THEIR CONVICTIONS REQUIRE THEM TO ASSIST ALIENS. Harboring or aiding illegal aliens is not protected by the First Amendment. It is a felony to establish a commercial enterprise for the purpose of evading any provision of federal immigration law. Violators may be fined or imprisoned for up to five years.

The $50 fine is only an IRS issue, remember by law the IRS cannot inform the INS about illegal aliens! However if that obstacle was removed then the employers would face the above penalties.

[krogers58]

The major difficulty that will be faced in cracking down on these illegal immigrants, will come from the Democratic party. Some of these people do vote, and guess who they vote for? Fifty bucks is a joke. They can underpay these illegals, at least twice that much in a week.

[MissAmericanPie]

Whoa, 750,000 notices, now that is impressive. I'm stunned.

[usadave]

Sorry to hear that those Mexicans are stealing all those restaurant jobs away from you.

Many restaurant jobs used to be filled by high school students who worked after school on on weekends. I was one of them. These jobs were also sometimes filled by high school graduates who were working their way through college, or by individuals supporting themselves with their first job after moving out of their parent's house.

[1stFreedom]

Nope. Did I mention any races or ethnicities having attitudes? Nope.

(BTW,I'm an American of Mexican descent, 3rd generation.)

Look, lotsa people of all colors/ethnicities have chips on their shoulders. Young people especially. They take it for granted and they don't have a lot to loose. The ones at the bottom of the ladder are especially troublesome -- if they get fired they'll be employed the next day at a temp job. I've seen it happen time and time again. There really isn't much to loose other than a day or two's pay. (This doesn't mean everybody at these jobs has bad work ethics and bad attitudes.)

Illegal immigrants have plenty to lose if they lose their jobs. Sure, they can always stand on the street corner waiting for work but 1. That doesn't guarantee steady income and 2. The money might not be as good and 3. There is some sense of pride in having a job and not bum rushing cars coming to pick you up for work -- and maybe rip you off by not paying you.

Many have come from really poor neighborhoods (go to TJ some time and check it out.) Giving el jeffe a bad attitude is not really an option. They remember where they came from, and the threat to them if they are deported, etc. There is always the fear that the boss knows you are illegal and can turn you in and claim he didn't know till now or something. (Might be unfounded, but it prolly is a big worry).

Based upon the way people act, I would hire an illegal alien (or an older citizen) before some young citizen for low level or blue collar type job. I can't remember the last time I was given attitude by an illegal (they are all over). I do remember the last time my local postal worker gave an attitude!

I also know how my Grandfather worked hard to rise from virtually nothing. I know how hard my father worked as a career soldier in the Army (who made E-9 CSM) so we could have a better life than he did. But I look around at young people to day and they are just complacent in their jobs working at the docks, warehouses, etc and still living with mommy.

We have to remember that people get trapped in cultural and economic constraints when life is relatively good. I've tried time and time again to get such people to go to school, or start a business, or do something else to better their financial life. They like the idea and get jazzed up, but two years later they are at the same type of job and haven't really gone anywhere.

We have to admit that a large cross section of our society is complacent (sure they gripe, but don't do much else).

[usadave]

But Kelly said the stepped-up effort amounts to "a silent raid against undocumented workers."

I'd much rather prefer that the raid against undocumented workers, otherwise known as illegal aliens, be very loud and noisy. Maybe then the illegal aliens will be so scared that they'll run for the Mexican hills in sheer terror.

[Jhoffa_]

I still think it's an overly broad characterization, regardless of who has what to lose. And an exercise in stereotyping.

It's like me saying all hispanics are lazy or are illegals. You and I both know better.

Personally, I kind of like the idea that people can quit if their employer doesn't offer safe working conditions, decent pay, benefits or what have you without the void being filled with illegals.

It's called competition. Employees must compete for their wages, generally considered to be a good thing. The reverse side of the coin is employers must compete for their labor, that's where good wages, bonuses, benefits and perks come from.

Besides, the US owes nothing to third world countries. Our immigration should be to our benefit, not theirs. And it sends a really crappy message to people who filled out the forms, did the right thing and waited because they really want to be an American citizen (and to have all the Right's & perks that accompany that) to let someone who simply jumped a fence for a quick buck in ahead of them.

It's insulting and it's unfair.

[usadave]

Maybe they did take away jobs. But, I'd bet they work harder and don't give attitudes unlike many Americans.

I vehemently disagree with you that the average illegal alien works harder than the average American. As far as attitude is concerned, I'm sure that most illegal alien workers understand that it is best for them to keep their mouths shut and not complain about anything, and by doing so, avoid the risk of being reported to the INS by their employer.

[dr_who]

And they continue to be.

[dr_who]

Please elucidate us on how illegal aliens pay Social Security..

Ever heard of FICA?

[Tancredo Fan]

You are wrongly assuming that the majority of this vermin works above board.