This is a follow-up to my experience this morning logging on to E-verify for the first time, as required now by Arizona law. After some research, it is becoming clear to me that the federal government's official position and the one that companies must agree to adopt when using e-verify is this: When using e-Verify, it is against the law to screen out anyone in the hiring process based on immigration status. Even if a company were to develop very strong evidence in the hiring process that a person is not a legal worker, that worker must still be hired (or at least not not-hired based on immigration status, if that makes sense). Then, and only then, after the person is on the payroll, may the company begin the process of checking to see if that person is legal. After weeks of various government steps, it may be required that the company fire that person, but apparently it could bring strong penalties to fire the person before the process has played out.
Is this nuts or what? Its like having a job that requires an engineering degree but to not be able to ask during the hiring process if the candidate has an engineering degree and then being forced to fire the person after a few weeks of work for not having an engineering degree. This is certainly a process that only the government could design, and one that completely ignores the substantial costs associated with taking on a new employee,
What really makes this interesting to me is that the Arizona law that requires the use of this system by Arizona companies was intended to end the use of illegal day laborers. But in fact, there is absolutely nothing about this system that can be applied to day labor, given the way the timeframes work and the prohibition on pre-screening before the hire. In fact, rather than being liable day one for hiring an illegal immigrant, one could argue with this system that, as long as one is following the process, a business is covered for weeks of an illegal immigrant's work -- covered so well that it is arguably illegal to fire said illegal alien worker until the multi-week process plays itself out.