EV Expired ID's DHS US CIS Comments

January 27, 2009

United States Department of Homeland Security

United States Citizenship and Immigration Services

8 CFR 2749.

[CIS No. 2441-08; Docket No. USCIS-2008-0001]

RIN 1615-AB69

Interim rule with request for comments

The Coalition for a Secure Driver’s License (CSDL) submits the following comments in response to the Department of Homeland Security (DHS) interim rule concerning the regulations governing the types of acceptable identity and employment authorization documents and receipts that employees may present to their employers for completion of the Form I-9, Employment Eligibility Verification.

CSDL (www.secure-license.org) is a 501(c) (3), crime prevention, educational public charity. Our central mission is to educate the public and state officials on the benefits of a secure driver’s license. CSDL travels actively to respond to public information requests regarding public safety and homeland security benefits of secure drivers’ licenses. CSDL staff participates in radio, news print and television interviews to promote public awareness of the importance of ID card security. CSDL completes a variety of research in the areas of secure driver licenses and best practices for DMVs. CSDL currently has over 2000 members nationwide.

Background

On December 17, 2008, DHS published an interim final rule, which aims “to improve the integrity of the employment verification process so that individuals who are unauthorized to work are prevented from obtaining employment in the United States.” Federal law requires all employers to verify the work authorization and identity of prospective employees. Prospective employees are required to fill out an I-9 Form and submit documentation verifying an individual’s employment authorization and identity. Prospective employees may present either a document which establishes both employment authorization and identity, or two documents; one that verifies identity and one that establishes employment authorization.

Current law does not prohibit prospective employees from submitting expired identification for the purpose of proving one’s identity. Instead, employers are currently allowed to accept a broad array of expired documents including drivers’ licenses and state issued identification cards. This interim rule would close this large loophole by imposing “a general requirement that all documents must be unexpired to be acceptable for the Form I-9.”

General Comments

DHS should not allow any documents that are expired for any time period to be used for identification purposes. Identification documents have expiration dates for a number of reasons. For example, drivers’ licenses require that an individual renew his or her driver’s license after a certain time period (depending on the state) to revalidate an individual’s possession of a driver’s license. Someone who was issued a driver’s license at age sixteen often looks very different at age twenty one.

Anti-fraud units in state motor vehicle agencies and state police, along with ID checking bouncers at popular bars, are familiar with the (illegal) practice of young people just over the age of twenty one selling or giving their expired licenses to younger friends in order to allow them entry and access to bars . It’s obvious that people seeking employment under alternate names, either because of intended benefits fraud (working while receiving disability benefits or public assistance) or because of the absence of work visas, will have a much greater incentive to purchase expired identity documents from those who look enough like them to pass.

We are aware, and USCIS should be aware, that the practice is fairly common in certain immigrant communities that when someone with a social security number and a federal or state issued identity document repatriates to their native country, that social security number and ID is often sold or given to someone who lacks work eligibility. Allowing an expired license or state ID card to be accepted by an employer expands the number of documents (expired versus only unexpired) of value in the underground economy flourishing in many of our cities. Expiration dates are useful tools to ensure that the information on identity documents is
accurate and current.

DHS requested comments on an exemption for identity documents that have been expired for 90 days or less.

COMMENT: CSDL opposes providing this exemption because it (1) makes it likely that employers will accept identity documents that were purchased by job applicants from others who no longer have use of the identity document expressly because they have expired, and is unnecessary because it’s relatively easy for anyone to obtain a renewal of the identity documents acceptable for I-9 purposes, provided he/she is lawfully present. In most states, drivers’ licenses and state issued IDs, the preferred proof of identity, issued as “renewals” can be obtained within a few hours “over the counter,” or within a few days via an internet accessed renewal form. Even in those states which employ central issuance, versus
“over the counter,” new identity card applicants are issued and receive drivers’ licenses and IDs within ten business days.

Expired forms of identification are more attractive to identity thieves and others aiming to live under the cover of false identification. Unfortunately, due to antiquated processes or lax procedures, imposters are able to exploit expired drivers’ licenses and identification cards issued to others to obtain valid identification in the names of other people as renewals. Expired IDs are often negligently discarded or simply lost by their original owners; either because they already have new identification or are unaware of the risk of identity fraud through misuse by imposters of expired IDs.

State motor vehicle agencies are continually updating the overt and covert security features embedded in the drivers’ licenses and ID cards they issue to limit the opportunity for counterfeiting. Expired IDs often contain outdated and weak security features that can be easily altered or counterfeited. Immigration credentials issued by the federal government are likewise periodically updated to include new security features and anti-counterfeiting enhancements. By enacting this rule as proposed, DHS is making expired forms of identification less useful for criminals and other nefarious individuals seeking to circumvent our nation’s laws under the cover of false identity. By eliminating ALL EXPIRED identity documents as acceptable for I-9
purposes,

Recommendations

CSDL notes that the current list of documents accepted for proof of identity include identity documents that (“List B”) are susceptible to fraud and counterfeiting because the documents contain few or no embedded security features. For example, school identification cards can be easily counterfeited and duplicated. Individuals would only require a name and the name of the school that that person attends, easily obtainable from student directories issued by those same schools, even lists of school graduates often noted in newspapers. Because employers are not trained as forensic document examiners, they are unlikely to detect any but the most obvious fake / counterfeit documents.

Additionally, there is legal requirement for employers to verify the authenticity of ID
documents or the information presented with the issuing authorities. Last year, DHS published, “Minimum Standards for Drivers’ Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes2.” This regulation lists a number of documents that are acceptable to prove identity for the purposes of obtaining a driver’s license or state issued ID card. DHS should apply the REAL ID proof of identity standard to individuals seeking to prove identity for the purposes of obtaining employment in the United States.

Conclusion

There has been considerable effort since the terrorist attacks of September 11, 2001, taken by the federal government, Congress and the States to improve the security of identity documents. The REAL ID Act, the Enhanced Border Security and Visa Entry Reform Act, among others have bolstered the integrity and security of credentials at the state and federal level. The federal government has chosen the right course of action by leveraging that work.

Many employers are currently using systems that go beyond what is required by law that allow them to verify the information on identity documents. Choice Point and LexisNexis, among others have developed systems that allow employers to electronically verify the identity of an individual in a relatively short amount of time. Bars and liquor stores are using inexpensive electronic devices to verify that IDs presented by patrons are not counterfeit or altered, so that they comply with state laws establishing minimum age for alcohol or tobacco product purchase.

Immigration standards for work eligibility together with employer sanctions for violations have been federal law since 1986. By closing the expired ID loop hole, DHS is strengthening the integrity of our national employment laws, and protecting the jobs of U.S. citizens and legal immigrants at a time of historically high unemployment.

Sincerely,
Brian Zimmer
President