Part of the problem with this is that employers have perfect plausible deniability. If a prospective employee presents them with documents that imply that they are legally allowed to work in the United States, then the employer has no reason not to hire them. Those documents may be fraudulent, but that is not the employer’s fault. To suspect that documents are fraudulent due to the racial or ethnic appearance of the hiree is discrimination, so, unless they are very obvious forgeries, what exactly is the employer supposed to do here?
From here
My underline.
Now, I’ve hired dozens of employees, and for each one of them, I took their ss card and their license and copied down the info onto the I-9 while they did their part. That’s my due diligence to avoid hiring those who are not eligible to work here. If you then discover that one of my employees presented me with false information, is it really your intention to go after me as well?
Now, I don’t doubt that there are plenty of employers out there that turn a blind eye towards verification, and accept obviously false documents, but how will you crack down on them, without also cracking down on innocent employers whose only crime was following the guidelines put out by the govt and not discriminating against prospective employees due to their perceived ethnic background?
I suppose you could make using e-verify mandatory, but that will just add more regulatory paperwork and bureaucracy to the hiring process, and all it really does is make sure that the ssn used isn’t in use somewhere else, which may cut down on illegal hires, but will not eliminate it.