A new state law takes effect Jan. 1 that toughens requirements for employers to check identification to assure they don’t hire illegal immigrants.
Employers might find these things handy: a black light, a magnifying glass and a book called “ID Checking Guide.”
A black light and magnifying glass both can show watermarks and other hidden items that the government puts on drivers licenses and other documents, said Dick Lewis, forensic document examiner in Denver.
“When you try to create a phony ID card, most of the pirated programs they use don’t have the capability to insert this stuff into the paper and coverings.”
The ID checking guide, available from California-based Drivers License Guide Co., provides detailed information on drivers licenses throughout the country.
Colorado employers might not be flocking to get the items, but the law has many of them looking for advice on how to handle it.
At a recent seminar for auto dealers, Eric Hartsough, an investigator with the state Department of Revenue, gave tips on how to look for embedded features on ID cards that guarantee they are real.
The number of employers calling lawyer Paul Buono for advice about a state law aimed at keeping illegal immigrants out of the workforce is climbing as the Jan. 1 date approaches.
There is confusion about the law, who must follow it and what employers must do to comply, said Helga Grunerud, executive director of Hispanic Contractors of Colorado.
Employers who hire illegal immigrants can face fines of $5,000 for the first offense, and $25,000 for each one following it.
The law requires employers to copy identification documents presented by those they hire, and keep the copies on file. They must also “affirm” that they examined the documents, haven’t falsified them or knowingly hired an undocumented worker.
The regulations are straightforward, said Drew Durham, inspector general for the Colorado Department of Labor (DOL), which must enforce the rules.
Many of the hoteliers represented by the Colorado Hotel and Lodging Association are concerned they won’t be able to spot fraudulent identification, said Ilene Kamsler, the association’s president.
The law won’t penalize those who try, but fail to spot a false ID, said Buono, manager of immigration services for the Mountain States Employers Council. “If it is simple negligence on the employer’s part, and they were trying their best to comply, I don’t think the employer should get penalized.”
Some employers believe the new law requires them to check all prospective employees’ Social Security numbers against a federal database, or risk being fined, said Buono,
That isn’t necessary, he said.
The DOL does “strongly recommend” that employers check Social Security numbers against the database, called “Basic Pilot,” Durham said. They should also run the number against a Social Security Administration database, he said, and save the results of both checks. They can then present the results if they are audited by the DOL, he said.
“If we walk in and see those screen shots sitting there, then we are done.”
The new law follows other state legislation that went into effect last summer barring state, city and county governments and agencies from contracting with any company that hires illegal immigrants. Some people may be mixing the two laws up, causing confusion about what they must check, Durham said.
That law requires such contractors to check their prospective hire’s Social Security number against Basic Pilot.
Under that law, general contractors question whether they, or the subcontractors who work for them, will be held responsible if an illegal immigrant gets on the payroll, said Grunerud.
“General contractors are putting the strongest language they can into their contracts with their subcontractors,” Grunerud said.
The labor department has about two employees to audit businesses that contract with the state. They have two for all other businesses and will get two more in the next fiscal year, Durham said.
The small number of inspectors shouldn’t make employers feel they will escape audit, he added.
“Lightning has a tendency to strike in odd places.”
Staff writer Tom McGhee can be reached at (303)820-1671 or tmcghee@denverpost.com
