Sunday, February 01, 2009

Napolitano Reviews the Practice of Tossing Out Widows and Widowers of U.S. Citizens

From E-Verify, which allows employers to check if a worker has the legal right to work in the U.S., to the national guard to immigrant widows and widowers, Homeland Security is getting a full review. A report of the findings are do on Feb. 20
U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano announced today a wide-ranging action directive on immigration and border security.
The directive requires specific department offices and components to work together and with state and local partners to review and assess the plans and policies to address: criminal and fugitive aliens; legal immigration benefit backlogs; southbound gun smuggling; cooperation with the National Guard; widows and widowers of U.S. citizens; immigration detention centers; and electronic employee verification.
On E-Verify:
Electronic Employment Verification. Reducing unauthorized employment is crucial for controlling the problem of illicit migration. E-Verify has been a key component in proposals for comprehensive immigration reform and holds real promise as a central element in effective immigration enforcement that combines border efforts with interior measures. But E-Verify has encountered criticism both for false negatives (persons who are authorized to work but who nonetheless receive a tentative non-confirmation from the system) and for false positives (unauthorized aliens who receive a confirmation because they have borrowed or stolen the identity of an authorized worker).

What is the status of the employer monitoring and compliance efforts of the E-Verify system? How can DHS expand such monitoring, including alternative strategies such as electronic detection of suspicious patterns, with an indication of resource requirements?

What strategies are available to minimize false negatives? What steps and resources are needed to secure a systematic and detailed study of the origin, prevalence, and types of erroneous non-confirmations, including measuring the rate of correct non-confirmations, and how much time would be required for such a study?

What is the status of measures (such as photo tools) designed to minimize false positives? Currently, photo tools are useful for only certain types of documents presented by the worker. What would be needed to make the photo tool applicable to all identity documents presented by covered employees? What is the prospect for using biometrics as part of the screening (done either by the employer or at an offsite location by specialized offices)? What role could data-mining or other innovative strategies play in helping to identify false positives and false negatives? What steps would be most effective both in the short and long term to deter and detect identity fraud? Please also provide an assessment of the laws and regulations on administrative fines for employers.
Under Bush, widows and widowers of U.S. citizens have been callously tossed if their petitions weren't in order. So boneheaded. In many cases, these people have children who are U.S. citizens and in many cases it's the fault of the immigration and Homeland Security departments for being slow in processing paperwork. 
Widows and Widowers of U.S. Citizens. Recent media accounts have highlighted the cases of widows and widowers of U.S. citizens who had petitioned for the alien spouse’s immigration, but whose petitions were not adjudicated before the citizen spouse’s death. Because of the death of the petitioning spouse, the petitions were denied. What are the regulatory, legislative, and litigation options that could be considered to immediately address the situation of these widows and widowers?
This was a focus of a 60 Minutes episode, a must-watch: