Basic Pilot Work Verification System
Questions and Answers
By Hal Netkin
Q. What is the Basic Pilot program?
A. The Basic Pilot program for employers is a part of the SAVE (Systematic Alien Verification for Entitlements) program. The Basic Pilot is an Internet online program that allows employers to verify the name and social security number of new employees. For the government's description, Click here.
Q. Is the Basic Pilot flawed?
A. The database itself is not flawed, but the government's rules of applying the program appear to be (intentionally) egregiously flawed.
Q. How would WatchdogAmerica.com know that the Basic Pilot program is flawed?
A. Hal Netkin, the president of WatchdogAmerica.com joined the program and tested it.
Q. What are the shortcomings of the program?
A. Listed below are some excerpts taken from the 103 page Basic Pilot Manual. (If you have the time and wish to read the Basic Pilot Manual, Click Here [allow several minutes for download]).
* As can be concluded from the program's complicated and elaborate manual, small and medium size businesses do not have the resources and manpower necessary to administer the program.
* The employee must be newly hired before the employer initiates a verification query. In other words, the employer cannot use the system to pre-screen applicants for employment -- it must HIRE the employee FIRST before doing the verification. The illegal employee would be able to work and by paid for up to 10 days before being fired as a result of "no authorization." (this is more days of work than some contractors need of the employee). The illegal employee could stay steadily employed by job hopping.
* Employers may not go back and check employees hired before the company entered to participate in the Basic Pilot program. In other words, any company who uses the program, may not verify the work authorization of existing employees -- only new hires.
* Employers must make verification inquiries within 3 business days of hire. In other words, if the person at a company who is responsible for administering the Basic Pilot program is ill (on purpose) for three days and unable to verify the employment authorization of an alien who was hired three days before, that alien gets a free pass.
* Employers may NOT use the system to re-verify employment authorization. In other words, if the employer suspects that an alien mistakenly received work authorization when first hired, the employer may NOT check the work authorization of that alien again.
Q. I understand that WatchdogAmerica.com is a small PAC (Political Action Committee) with no employees. How did WatchdogAmerica.com test the Basic Pilot without hiring an employee?
A. Since WatchdogAmerica.com already has an EIN (Employer Identification Number), Hal Netkin was able to hire himself as treasurer. To test the system, Hal entered his correct SS number and correct date of birth, but used a fictitious name. The message returned by Homeland Security said that the employee was NOT authorized to work. The case was resolved by reporting to DHS that the "fictitious" employee terminated himself.
The authorization was tried again, but this time with the correct name. The message returned said that Hal Netkin was authorized to work.
Q. Apart from the mentioned shortcomings, what's the chief problem with the Basic Pilot program?
A. The Basic Pilot does not indicate whether the same name and social security number are being used by more than one person.
Q. What's so difficult about implementing multi social security number detection in the Basic Pilot program?
A. There is nothing difficult about detecting multi-users of the same SS number. Banks and credit reporting institutions do it all the time. Moreover, the IRS already knows when someone is using a phony social security number as is evident from this case.
Not only does the IRS not turn incriminating evidence of fraud over to the DHS, the IRS processes tax returns in which the W2 forms issued by the employer have phony or stolen social security numbers, but the tax return itself is filed using an ITIN. To view an actual tax return as described here, Click here.
Q. What must the employer do if a new hire is found to be UN-authorized to work?
A. The employer cannot do anything but ask the employee to either fix the problem with the SS agency or quit. In other words, there are no consequences to the employee for using fraudulent documents to attempt to get a job. The employee is free to try his luck with another company. Moreover, since there is nothing in the Basic Pilot mandating that the employer fire the unauthorized employee, the employer can choose to keep the employee. However, in the unlikely event that the employer is audited, he could be charged with "knowingly" hiring an unauthorized worker.
Q. In recent raids, why were only a small fraction of those arrested charged with identity theft.
A. There are two ways in which to use someone else's SS number. One way is to use someone else's number but not their name. The other way is to use both the number and matching name. It seems that ICE does not consider the mere use of someone else's SS number as ID theft if the user invented a name to go with the SS number. In other words, you won't be charged with ID theft if you make up a name to go with the stolen SS number.
Q. Couldn't someone make up both a name and SS number that didn't belong to anyone?
A. Yes, but it would not pass the Basic Pilot test. But thousands of medium and small companies will continue to hire employees without checking the Basic Pilot with little concern for getting caught.
