E-Verify is an Internet-based program which helps determine employment eligibility of new hires and the validity of their Social Security number. The system is a joint effort of the U.S. Department of Homeland Security, the U.S. Citizenship and Immigration Service and the Social Security Administration.

The law became effective in Mississippi on July 1 upon the signature of Gov. Haley Barbour.

Under the law, employers with more than 250 employees were required to have registered to use the system by July 1. Those with 100-249 employees have until July 1, 2009, those with 30-99 employees by July 1, 2010, and those with fewer than 30 employers are required to register by July 1, 2011.

According to the Homeland Security website, E-verify is voluntary, even though nine states mandate its use. In June of this year, President Bush signed an order requiring more than 200,000 federal contractors to use the system.

Detractors of the system say it does not have the ability to detect false or stolen ID information, and that it cannot screen previously hired employees after the company registers for its use.

State Sen. Chris McDaniel (R-Ellisville) is the author of the senate bill. However, last month’s raid on Howard Ind. was conducted by federal agents, and if there are any charges, they will probably be federal charges. Mississippi Attorney General Jim Hood said Friday his office is in the process of determining if Howard’s violated the state law.

McDaniel talked to the Leader Call about the I-9 verification process.

“The federal I-9 verification process has some serious flaws,” he said. “For example, form I-9 contains a certification by the employer and by the employee - the employer affirms that it has inspected the required documents provided by the employee to establish identity and authorization to be employed and that they appear to be genuine on their face. If the required documents appear genuine, then the employer may affirm that the applicant is legal for purposes of employment.

“Therein lies the rub. The I-9 process is subject to abuse when job applicants — who happen to be illegal — use fraudulent documents to demonstrate their legality. That is one reason the E-Verify program can be of assistance. For all the complaints about its purported inaccuracy, it's more accurate than the I-9 process that is currently being utilized. Other states have used the E-Verify system with success, and I'm confident Mississippi will, as well.”

McDaniel said the state law has “more than enough teeth” to be effective.

“First, any employer violating the provisions of the SB 2988 will be subject to the cancellation of any state or public contract, resulting in ineligibility for any such contract for up to three years.

“Second, violations could also result in the loss of any license, permit, certificate or other document granted to the employer by any agency, department or government entity in the State of Mississippi for the right to do business in Mississippi for up to one year.

“Third, a violating employer will be liable for any costs incurred by the agencies and institutions of the State of Mississippi, or any of its political

subdivisions, because of the cancellation of the contract or the loss of any license or permit to do business in the state.

“Likewise, as an additional enforcement mechanism, it will be a felony for any person to accept or perform employment for compensation if the person is an unauthorized or illegal alien. Upon conviction, a violator will be subject to imprisonment in the custody of the Department of

Corrections for not less than one year and pay a fine of not less than $1,000, or both.”

McDaniel said the state law can be enforced – “with a little courage on the part of state agencies.”

“For too many years, illegal immigrants have used fraudulent documents to take advantage of the federal government's flawed I-9 process, so I was pleased to see the government finally take some action against the illegals who are violating our immigration laws,” McDaniel said.

“I hope the E-Verify system mandated by state law, SB 2988, can provide employers some assistance in making determinations of legality.

“However, there are no perfect pieces of legislation, and I have little question that certain special interests will attempt to modify the act. Of course, minor modifications may be needed from time to time to any piece of legislation. But it is imperative that the act continue to have the strong enforcement mechanisms necessary to end the employment of illegal immigrants in Mississippi. It must continue to remain a strong deterrent to illegal immigration.”

Enforcement mechanisms of E-Verify include:

• Employers violations can result in the cancellation of state or public contracts, resulting in eligibility for another contract for up to three years.

• There can also be the loss of licenses or permits granted by any government entity in Mississippi for the right to do business in the state for one year.

• The employer will be liable for any costs “incurred by the agencies and institutions of the State of Mississippi, or any of its political subdivisions, because of the cancellation of the contract or the loss of any license or permit to do business in the state.

• “It will be a felony for any person to accept or perform employment for compensation if the person is an unauthorized or illegal alien. Upon conviction, a violator will be subject to imprisonment in the custody of the Department of Corrections for not less than one year and pay a fine of not less than $1,000, or both.”

Following the passage of the bill, McDaniel wrote in March, “In passing SB 2988, the legislature has acted to protect Mississippi’s taxpayers. The State’s financial resources have been stretched to the limit in an effort to absorb the demands of those who have violated the law to enter the country, and then break the law again by accessing public resources and jobs to which they have no legal entitlement. It is our hope that SB 2988 inhibits the influx of illegal immigrants into the State, thus saving our taxpayers millions of dollars.”

McDaniel said the state law will not apply in the Howard case unless there are violations which can be proven that occurred after the law went into effect on July 1.