Immigration Enforcement: Weaknesses Hinder Employment Verification and Worksite Enforcement Efforts

In an August 2005 report, we found that the large number and variety of documents that were acceptable for proving work eligibility complicated employer verification efforts. The Department of Homeland Security (DHS) was assessing possible revisions to the Form I-9-- the form that employers and employees must complete to certify that the employees are authorized to work in the United States-- including revisions to the number of acceptable work eligibility documents, but had not yet established a target time frame for completing the assessment. We reported that in the absence of final regulations and an updated Form I-9, employers, employees, and other stakeholders may not clearly understand the Form I-9 process, particularly which documents were acceptable for proving work eligibility. We recommended that DHS set a specific time frame for completing the department's review of the Form I-9 process, including an assessment of the possibility of reducing the number of acceptable work eligibility documents, and issuing final regulations on changes to the Form I-9 process and an updated Form I-9. Acting on our recommendation, in December 2008, DHS amended its regulations governing the type of acceptable identity and work eligibility documents and receipts that employees may present to their employers for completion of the Form I-9. The purpose of this rule is to improve the integrity of the employment verification process so that individuals who are unauthorized to work are prevented from obtaining employment in the United States. Under the rule, employers will no longer be able to accept expired documents to verify employment authorization on the Form I-9. The rule also removes three documents from the Form I-9 that are no longer issued and for which DHS has determined that any such documents that were previously issued have expired. In addition, the rule adds documentation for citizens of the Federated States of Micronesia and the Republic of the Marshall Islands. DHS has included a revised Form I-9 with the amended regulations.

Improving Electronic Employment Eligibility Verification: In an August 2005 report, we identified weaknesses in the Basic Pilot Program, a voluntary program through which participating employers electronically verify employees' work eligibility. We reported that these weaknesses, including the program's inability to detect identify fraud, delays in the entry of employment authorization information into Department of Homeland Security (DHS) databases, and employer noncompliance with program procedures, could have a significant impact on the program's success if not addressed. We recommended that U.S. Citizenship and Immigration Services (USCIS) within DHS assess the feasibility and costs of addressing these program weaknesses as part of its planned evaluation of the program. Acting on our recommendation, USCIS included an assessment of the Basic Pilot Program's weaknesses and ways to address those weaknesses in its evaluation of the program. As part of its deliberations on immigration policy reform, Congress is considering making participation in an electronic employment eligibility verification program mandatory for all employers. Information on the Basic Pilot Program's weaknesses and program improvements will help Congress and USCIS better evaluate future use of the program, including possible increased or mandatory employer usage.

In an August 2005 report, we reported that Immigration and Customs Enforcement (ICE) lacked output goals and measures necessary to inform its resource allocation decisions. We reported that without additional output goals and measures for worksite enforcement, ICE's ability to effectively determine and allocate worksite enforcement resources needed to meet program goals and to fully assess whether the agency was using those resources effectively and efficiently was hindered. We recommended that ICE establish additional output goals and measures for the worksite enforcement program. Acting on our recommendation, in fiscal year 2009, ICE established two additional output goals and measures for its worksite enforcement program. These additional output goals and measures will help ICE better track the progress of its worksite enforcement efforts, determine the resources needed to meet worksite enforcement program goals, and ensure that program resources are used efficiently and effectively.

In an August 2005 report, we found that Immigration and Customs Enforcement (ICE) lacked outcome goals and measures for its worksite enforcement program, but as a first step in developing such goals and measures, was conducting baseline threat-level assessments. We reported that without outcome goals and measures, ICE would not be able to effectively assess the results of program efforts. We recommended that ICE set a specific time frame for completing its assessment and develop outcome goals and measures for its worksite enforcement program. Acting on our recommendation, in fiscal year 2009, ICE established a target time frame to complete its assessment and development of outcome goals and measures. Completion of the assessment and development of outcome goals and measures will provide ICE, Congress, and other stakeholders with information on the target level of performance for worksite enforcement efforts and measures to assess the extent to which program results have met program goals.