A former U.S. Border Patrol agent has alleged that cartels use fake documentation to smuggle illegal aliens into the United States, where they then secure employment using these counterfeit IDs. This issue poses a challenge for U.S. businesses, which are unable to verify the authenticity of these documents and thus run the risk of facing legal action from the Department of Labor for employing underage workers.
“Fake identification is widespread,” former U.S. Border Patrol Agent Ammon Blair told the Business Daily.
Blair's assertion is placed within the context of existing systems in place for employment verification in America. According to its website, E-verify is an internet-based system that compares information entered by an employer from an employee’s Form I-9, Employment Eligibility Verification, to records available at the U.S. Department of Homeland Security and the Social Security Administration. Over 967,000 employers use E-verify, with 1,500 new businesses joining weekly.
However, despite such measures taken by some employers, concerns about the effectiveness of this system persist. According to an article on the Governing website by the Forth Worth Star-Telegram, E-Verify has reportedly failed to identify nearly 12 million illegal hires since 2006. The system is criticized for being easy to evade. E-Verify, designed to ensure proper worker documentation, faces exploitation by undocumented workers using stolen identities to bypass the system. There is uncertainty whether or not the employer or employee is responsible for the loophole. One worker, Jesus, worked for five years using someone else's identity in Texas. Jesus crossed the Rio Grande in 2015 and secured work at Quality Sausage through Archer Services, paying $300 for a badge under a false name. Quality Sausage faced fines from the Department of Labor for safety violations, and a former supervisor raised concerns about health and safety, settling a lawsuit in 2020.
Given this reality, it's crucial to highlight the existing regulatory guidance for employers on the issue of worker documentation. According to its website, the U.S. Citizenship and Immigration Service requires companies to accept documentation that "reasonably appears to be genuine" or face penalties for discrimination.
A recent development in response to identity verification issues within unemployment claims also sheds light on the challenges faced by government entities. According to a Department of Labor (DOL) press release from 2021, the U.S. DOL's Employment and Training Administration released new guidance to states regarding identity verification for unemployment insurance claims. The action responded to a surge in unemployment claims during the pandemic, coupled with an increase in fraudulent filings by criminal groups using stolen or synthetic identities. The guidance advises states on adjudication standards to determine eligibility in cases where identity appears questionable, aiming to identify and halt payments on claims based on false identities. It also outlines measures to protect individuals, whose identities have been previously stolen and misused, for filing fraudulent unemployment insurance claims.
The border region's vulnerability as a focal point for fake document production further underscores these challenges. Blair said the Southern border is a target area for fake documentation and fraud as many immigrants use the cartels to create IDs and Social Security numbers. He said this is a common activity for the cartels, noting that many smuggling operations use Unidentified Alien Child (UACs) with fake documents that Border Patrol agents cannot verify. Many UACs lack proper documentation at the border, often providing unverifiable biographical information. He said, "children under 14 can be 'recycled' over and over again... each time with a fake identity." This leads to child labor issues within the United States as well as human trafficking where the UACs become "ghosts," Blair said.