Q. What is the E-Verify Work Verification Program?
A. The E-Verify program (previously called the Basic Pilot) allows employers to verify the legal work status of workers they hire.
Q. Why is the E-Verify Work Verification program only a partial fix?
A. Because the federal government does not mandate that employers use E-Verify -- it's optional.
Q. Couldn't the feds nab illegal tax filers by simply weeding out filers who use someone else's social security number?
Yes, they could, as the federal government already knows who the illegal aliens are who are filing tax returns -- but they have a don't ask, don't tell policy preferring to pass the work verification buck to the employer. (One can only conclude that the federal government has either intentionally designed flaws into the E-Verify system or they are totally inept.)
Q. How does the government know that someone is an illegal alien from their tax return?
A. There are two situations.
FIRST SITUATION: This situation is practiced over the second situation below by the vast majority of the millions of illegal alien tax filers working for employers who do not use E-Verify. The illegal alien tax filer files his 1040 return with an ITIN (Individual Tax payer Identification Number), but with an invalid or stolen social security number on the W2 attached to the 1040. It has to be obvious to the IRS that there is a conflict: The tax filer has filed his 1040 with an ITIN because he supposedly doesn't have a social security number. Yet the attached W2 shows a social security number. This begs the question: If the tax payer is showing a social security number on his W2, why is he using an ITIN? So why doesn't the IRS pass this information on to the DHS (Department of Homeland Security)? The prize winning spin offered is that it is a privacy issue. But even if we were to accept the notion that the IRS should keep tax payers' information private, no one would deny that fraud is exempt from privacy protection. Isn't the IRS obligated to report fraud? By not reporting fraudulent tax payers to Homeland Security, the IRS is itself committing a crime by knowingly allowing a "crime in progress" to continue.
SECOND SITUATION: The illegal alien tax filer is using a rented, borrowed, or stolen identity.
The IRS knows when more than one person is filing a tax return with the same social security number. The IRS's database is among the most sophisticated in the world. Certainly it has the capability to flag multi user social security numbers much like getting flagged when you try to establish a WEB domain that is already registered to someone else. The IRS could easily coordinate with the DHS to launch an investigation to nab the stolen identity users. Incredibly, the IRS processes two or more returns with the same social security number. Again the spin offered by the IRS is that they must protect the privacy of all of tax payers, thus the IRS handles the tax return as if it were legitimate and simply informs the illegal alien tax filer that there is a conflict with his/her social security number and advises the illegal alien "tax payer" to straighten out the "error" with the Social Security Administration. The IRS further advises the illegal alien that they should apply for an ITIN (check "b" for Reason) to use for their next tax filing -- never mind that the W-2 attached to the return will show the stolen social security number.
Q. Wouldn't the problems described in both of the above situations be solved if the use of the E-Verify was made mandatory?
A. It would help, but it would not completely solve the problem unless the DHS in coordination with the IRS and SSA practiced zero tolerance by aggressively weeding out fraudulent tax filers.
Q. But aren't the IRS and SSA not allowed under law to pass on private information to each other and to the DHS unless by subpoena?
A. Yes, it's true, but as mentioned, reporting of fraud is exempt from privacy laws. For example, banks hold dear the privacy of their account holders. But if a bank teller becomes aware of an account holder who is embezzling from his employer, that teller is obligated to report the crime. Moreover, the IRS has its own fraud investigators who are authorized to arrest tax filers who submit fraudulent tax returns -- so the IRS has no excuses for allowing illegals to file fraudulent tax returns.
Q. If the DHS did aggressively weed out fraudulent tax filers, wouldn't that drive illegal aliens to work off the books?
A. Yes, many would join the millions of illegal aliens who are already working off the books now. But if the DHS were serious about ending illegal alien employment, they would aggressively go after employers who hire off the books. This would require legislation to end sanctuary cities that openly encourage off the books employment.
