PSYC6501 Professional And Ethical Practice

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PSYC6501 Professional And Ethical Practice

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PSYC6501 Professional And Ethical Practice

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Course Code: PSYC6501
University: The University Of Newcastle

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Country: Australia

Question:

Case Study (E-Verify)
U.S. law requires that companies operating in the United States only employ individuals who are legally permitted to work in the United States. To this end, all U.S. employers must complete and retain a Form I-9: Employment Eligibility Verification for each individual (both citizens and noncitizens) they hire in the United States. An employer must examine the employment eligibility and identity documents presented by a new employee to determine whether the documents reasonably appear to be genuine and relate to the individual; the employer must then record the document information on the Form I-9 for that employee. The list of acceptable documents includes documents that (1) establish both identity and employment authorization (U.S. pass- port, permanent resident card, etc.), (2) establish identity only (driver’s license or photo ID card issued by a local, state, or federal government), or (3) establish authorization to work only (Social Security card, certificate of birth, etc.).60
E-Verify is an Internet-based system run by the U.S. Department of Homeland Security that allows employers to electronically verify the employment authorization of their newly hired employees.61 The program compares information from an employee’s Form I-9 to data in U.S. government records. If the data matches, the employee is eligible to work in the United States. If there is a mismatch, E-Verify alerts the employer, and the employee has eight work days to contact either the Social Security Administration or the Department of Homeland Security (depending on the source of the data mismatch) to start resolving the problem. During this eight- day period, and during the time it takes for the data mismatch to be further researched by the government agencies, the employee cannot be terminated.
In a 2011 ruling involving Arizona state law, the U.S. Supreme Court affirmed that states may constitutionally mandate the use of E-Verify for all employers within a given state. The states are greatly divided on this issue—some states have passed laws requiring all employers to use E-Verify to determine the eligibility of new hires; some just require public employers and government contractors to use E-Verify; and some require just private employers with more than a specified number of workers to use E-Verify. In some states, the decision to use E-Verify is being made at the county and city level.62
The number of employers who use E-Verify is increasing rapidly, almost doubling between 2010 (when 226,538 employers used the system) and 2012 (at which time 404,295 used it).63 An immigration bill proposed by the U.S. Senate in 2013 would require all companies with 500 or more employees to adopt E-Verify within three years.64
According to a 2010 analysis of E-Verify conducted by an outside consulting firm on behalf of the U.S. Citizenship and Immigration Services, 4.1 percent of initial responses from the E-Verify system were inconsistent with the worker’s actual employment eligibility status. Of those erroneous responses, 0.75 percent related to workers who were initially determined to be not authorized to work but who were in fact authorized, and 3.35 percent related to workers who were determined to be employment authorized but who were not actually eligible to do so.
By 2012, however, the percent of mismatches was down to 1.35 percent. Only 0.09 percent of employees were confirmed as eligible for employment after an initial mismatch, while 1.26 per- cent were found to be in fact ineligible.66
One limit of E-Verify is that the system cannot detect all cases of identity fraud. In fact, the U.S. Immigration and Customs Enforcement (ICE) has conducted some of its largest raids of unauthorized workers at companies that use the E-Verify program. In 2011, for example, ICE raided Howard Industries’ electrical transformer plant in Mississippi and found about 600 unau- thorized workers, many of who had used identification data of someone other than themselves.67
The system’s less than 100 percent accuracy rate and failure to identify unauthorized workers, including some workers committing identity fraud, has raised many political concerns and emotional responses. In order to reduce errors due to identity theft, the ICE recently imple- mented a photo tool that matches the photo submitted with the I-9 documents with photos in government records and with the actual employee. However, employers can choose to opt out of submitting a photograph of their employees.68 Additional government databases may be inte- grated into the E-Verify matching process to improve accuracy.69
In addition to accuracy issues, there is concern that mandatory use of E-Verify will harm authorized workers and lead to discrimination. Opponents also fear it will create additional work for human resource departments in terms of updating personnel records, and initiating and following up on requests to various government agencies.
Meanwhile, proponents argue that the accuracy of the E-Verify system will improve over time and as further enhancements are made. They believe that it is fair to ask employers to do a quick check of each employee to ensure that they are hiring authorized workers. With the high level of unemployment, supporters of E-Verify believe that steps should be taken to ensure that jobs go to authorized workers.
1. Do you support the implementation of enhancements such as photo matching and access to additional government databases to improve the accuracy of the E-Verify system? Why or why not?
2. If you were the owner of a small business, would you use the E-Verify system to screen prospective workers? Why or why not?
3. Would you favor mandatory use of the E-Verify system at large corporations and govern- ment agencies? Why or why not?

Answer:

Introduction
Above is provided an executive summary or a brief introduction about the scenario, now here in this section we are going to critically discuss the problem of E-verify system in the United States. A critical analysis is an analysis that is done in order to study or conduct a research in deep about a particular subject; here in this case our subject is the implementation of the E-verify system. We will try to understand this concept by answer three different questions that will clear all our doubts.
1. The first question about whether we support the implementation of the enhancements such as photo matching etc, why or why not? So this question is answered below:

Now as the first question requires us to support our answer with why not or why we support the photo matching implementation. Well the implementation of the enhancements of photo matching will not only improve the scope and results of the E-verify system but it will also decrease the chances of people committing fraud with the organizations by using somebody’s else identification in order to get a job (Franklin, 2017). Well there is no denying in the fact that all this process requires the organization to step in and work a little more extra than their normal working capacity but this fact also can’t be ignored that by putting in some little more efforts the organizations are doing nothing but are sowing seeds for a better economy and better future (Bright, 2015). The implementation of photo enhancement should be done and all the employers using E-verify system must provide the latest photos of their employees working with them to the immigration and customs enforcement department of the United States. The photo matching technique implementation has come after, when the immigration and customs department caught fraud from the organizations that are already a user of E-verify systems. It was initially hard to digest but after a thorough research it was found that it is not the mistake of the employer but the E-verify system itself was not capable in identifying the photo mismatching error (Kindley, 2014). Now if we talk about in general whether or not we support this implementation, then yes we do support this implementation of Photo matching system. The government has only one motto behind all this and that is to make the United States economy free from ineligible workers that are nabbing the working rights of the eligible peoples. Hence this act of the government should be supported by all the organizations in best manner possible (Wolgin, 2016).

2. Coming to the second question, which seeks us to answer, what we would have done if we were the owner of a small business, would we have implemented the E-verify system to screen the employees or the workers or not. Well this question is answered below:

In the year 2013, an immigration bill, which was proposed by the United States Senate, said that all the companies that are having 500 or more employees working under them will have to use or implement E-verify system in their work place. Now I personally think that a small business will never have 500 or more employees. It would be of no benefit in implementing or installing the E-verify system in a small business (Hessinger, 2014). The reason being is that a small business will generate profits but it will never be that big when compared to medium or large scale organizations and everyone knows that a small business never has permanent employees. As soon as people get their dream job or better opportunities they leave behind the small business platform. The very first reason behind not opting or using the E-verify system is the low generations of profit in case of small business when compared to the profits of medium or large scale industries. The second reason could be that in a small business a small number of employees will be employed, everybody is assigned to a specific duty or work in a small business organization (Bier, 2016). Now in a small business organization where the peoples are already limited in numbers there the extra duty of managing the E-verify system and keeping it up to date with the joining of the new employees it will do nothing but will increase stress and tension in the working environment of the small business which will ultimately reduces the productivity hence the final profits will decrease. A small business is a place that provides jobs to the people when they are accepted to work nowhere  (Organization, 2015).. Hence if we the small business owners starts using the E-verify systems to screen the employees, the cases of ineligible workers will increase that will not result in any good of the economy, as now a very basic thing to understand is that a person who is eligible and authorized to work in the United States of America, now this person certainly possess some qualification, some degrees, some experience, now the question is why such a person possessing all these things will accept to work under the roof of a small business (Mukherji, 2015)? The small business owners need not to go in detail whether the employee is eligible as per the E-verify system, however the small business owners must keep a check about the character of the employees or the workers. Here we do not encourage the ineligible peoples to work in the United States but it is a very common thing to understand that, in a way or another the United States economy is also supported by the ineligible workers as they mostly works in small businesses and the good part of profits generated from the small businesses comes to the government as taxes (Borris, 2016). Hence I as a small business owner will not use E-verify system; however I will keep a regular check with the character and track of the employees or the workers.

3. The third question of this report requires us to answer, whether or not the large scale organization and the government agencies should use E-verify system or not. Now here let’s first clear what is the difference between a large scale organization and a government agency. Well a large scale organization will be the one that is operating its business and is having profits in millions and billions of dollars and the workforce of a large scale organization is generally more than an average number of 500, a large scale organization can either be privately owned or publically owned i.e. government ownership, this includes the immigration and citizenship department (Grassley, 2016). Talking about a government agency, then it is an agency or a board that is totally owned and operated by a government department; these organizations have people that work on permanent basis and mostly these agencies only have people that first clear some test in order to be employed in a government agency  (Zavodny, 2016).

The answer to the third question is definitely a yes, all the big organizations or corporations earning in millions or billions of dollars and all the government agencies must use the E-verify system. The reason being is that the growth rate of these corporations are very high, once a person gets job in such organizations will always help the economy by paying taxes to the government (Chmielenski, 2014). In addition to this the chance to grow financially should be first given to the authorized workers or the eligible workers, an unauthorized worker will always be a one who does not possess the required qualifications or excellence that an eligible person have, now coming to the government agency, yes they too should use E-verify system as a government agency is the one who deals with all the works that comes under the jurisdiction of the government, now can you imagine a person who is unauthorized or ineligible by law is working under a government agency (Smith, 2017)? Isn’t its bad to see such a person there and enjoying all the benefits of a government job? Government offices as well as government agencies that deals with the national immigration, citizenship, security and external affairs must use this technology of E-verify system, this will not only bring the economy up but will also put the eligible peoples on right place. An economy is often seen getting failed just because of the wrong resources at the right place, now here the wrong resources are the unauthorized peoples that are taking away the moral and fundamental rights of the eligible peoples (Black, 2017). It won’t be wrong to say that E-verify system is a must for the large scale corporations and the government agencies as well whether a government agency is working in normal field or is in the field of immigration or citizenship, or police or national crime bureau (Ledbetter, 2014).

Conclusion        
The report here comes to an end, in this section a detailed but a concise conclusion has been provided over the use of E-verify system in the United States. There is no denying in the fact that the United States economy is getting affected by the illegal workers working on the places of the people who actually deserve these jobs. To curb this situation the government has come up with a unique solution of using E-verify systems that requires all the organizations operating their businesses in United States to use this system and provide the data of all the employees working with these organizations. The main purpose is to find out the people who are ineligible and to cut them out from these organizations. Well, the purpose of the use of this system is fair enough for the eligible workers but I strictly believe that this system must be used by large or medium scale organizations. The reason for this is these eligible workers can really manage this system by employing some extra hands to provide this data to the government  (Feere, 2014). 
. Small businesses having not more than 500 employees should be kept outside of the brackets for mandatory use of this system as it would really become bane for the small scale organizations, which will ultimately affect their productivity, which further will results in low profits of the organization.          
Bibliography
Bier, D., 2016. 90 Percent of Businesses Don’t Use E-Verify—Especially Small Businesses. Cato Journals, 7(130), p.50.
Black, D., 2017. Legislation to Mandate E-Verify & Strengthen Immigration Enforcement. Journals of Immigrants, 9(40), p.45.
Borris, D., 2016. E-Verify Places too Heavy a Burden on Small Businesses. Washington Journals, 1(30), p.8.
Bright, M., 2015. Benefits of Completing E-Verify Through an Integrated Form I-9 Solution. The Journals of HireRight, 4(120), p.70.
Chmielenski, C., 2014. E-Verify Still the Most Effective Way to Deter Illegal Immigration. Citizenship & Immigration Journals, 7(300), p.120.
Feere, J., 2014. An Overview of E-Verify Policies at the State Level. Journals of the United Nations, 50(134), p.43.
Franklin, S., 2017. Flood of Fake IDs. The Journals of Chicago Tribune, 2(30), p.42.
Grassley, S., 2016. E-Verify for Businesses. Journals of Business Practices, 12(102), p.45.
Hessinger, S., 2014. Small Businesses Dodged a Bullet on E-Verify. Journals of Small Enterprises, 4(130), p.20.
Kindley, J., 2014. When Photo Matching is Required. Verify9, 5(100), p.30.
Ledbetter, E., 2014. Your Company Must Use E-Verify. The Journals of Labour Laws, 13(150), p.42.
Mukherji, A., 2015. E-Verify for Small Businesses: Is It Required? The J.D Journals of Company Laws, 3(146), p.40.
Organization, E.-V., 2015. HOW TO CORRECT A TENTATIVE NONCONFIRMATION. The Journals of General Laws, 15(30), p.45.
Smith, L., 2017. E-Verify is ‘the most effective tool’ to Combat Illegal Immigration. Journals of Immigrations Law, 13(450), p.42.
Wolgin, P.E., 2016. What It Will Cost Employers, Employees, and Taxpayers. The Journals of American Progress, 12(45), p.58.
Zavodny, M., 2016. “The Impact of E-Verify mandates on labor market outcomes. Southern Economic Journal, 3(50), p.14.

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