With a new law that went into effect April 1, Wisconsin employers will have to pay close attention to driver’s licenses and identification cards used by new employees to verify their right to work in the United States.
Wisconsin had been one of 10 states not requiring applicants for driver’s licenses to prove legal residency. Federal legislation called the Real ID law requires states to meet national identification standards no later than Dec. 31, 2009.
Prior to the law change, applicants for a Wisconsin driver’s license or a state identification card did not have to prove their legal presence in the United States. This led to many illegal immigrants securing a legal form of identification that would then be used as one of the forms provided to employers as proof of their work status.
That is no longer the case with the law change. As a result, along with fake or stolen Social Security numbers, illegal immigrants will likely increase the use of fake or altered driver’s licenses and identification cards when applying for jobs.
Employers need to be sensitive to this matter as they can face discrimination lawsuits if they mistakenly assume an employee or job applicant is not a legal resident. At the same time, employers can face government fines for knowingly employing workers who are illegal immigrants.
Ironically, now that it is harder for illegal immigrants to use legal documents to prove their right to work, the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) is greatly increasing its enforcement efforts against employers that knowingly employ illegal aliens.
The Department has been quoted as promising to target both large and small employers.
Now more than ever, employers with immigrant work forces need to have systems in place to closely monitor Social Security numbers and now driver’s licenses or identification cards to verify their legal status.
The Wisconsin Department of Motor Vehicles (DMV) can provide pointers on spotting false or altered driver’s licenses or IDs. Anyone with questions on these matters should seek assistance from human resource consultants or employment lawyers in implementing those systems and/or to gain a better understanding of the regulations now in place.
Additionally, employers should have a no-match policy in place to help protect the employer against discrimination claims when employment decisions must be made based upon continuous problems with employee’s Social Security numbers.
Roger Pettit is an attorney with Petrie & Stocking S.C., a Milwaukee law firm, and has more than 30 years experience practicing labor and employment law.
