About 4,000 California Department of Public Health employees have been told they must use a federal verification system to prove they’re U.S. citizens or otherwise legally eligible to work.
Leaders of the agency said in a memo obtained by CalMatters that the verification is necessary to receive federal funding, but employees and unions are resisting the directive.
In the memo, a department human resources deputy director asked employees to comply with a series of deadlines that culminate on April 10. A separate document distributed by the department said that failing to complete the verification may result in the state losing a contract with the Centers for Disease Control for the national death index, which collects death certificate data from authorities nationwide.
The department is also making the move to address incomplete employment eligibility records identified in a recent audit, according to the Service Employees Union International Local 1000, which represents roughly 3,000 department employees.
As at other U.S. employers, all new California health department employees complete a federal I-9 form to prove their eligibility to work. The department is now asking them to enroll in E-Verify, a program administered by the U.S. Citizenship and Immigration Services and the Social Security Administration. That system compares information provided by an employee on the I-9 to records in federal databases, including at Social Security and the Department of Homeland Security. In some cases it also prompts employers to compare each applicant’s identification document photo with the one they provided during the E-Verify process. The memo said employees will specifically use E-Verify+, which combines filling out an I-9 with verification. Employees hired before November can opt out of using that specific version of E-Verify.
SEIU Local 1000 President Anica Walls told CalMatters in an email that forcing all employees to use E-Verify “raised serious concerns for our members about privacy, data security, and the unnecessary re-verification of workers who are already legally employed.”
The union sent a petition to executives in charge of the state agency last month to express concern about the verification and underline that employees submitted documents to prove their work eligibility when they were hired. Walls told CalMatters the health agency is currently the only California state department the union is aware of that has asked their employees to recertify their legal status. The union represents about 100,000 state employees at 140 state agencies, boards, commissions and departments.
“When federal systems and funding conditions are used to justify expanded data collection from workers, it raises red flags — especially when those workers have already met employment eligibility requirements,” she wrote. “Our members are concerned about their personal data being sent to federal systems with known accuracy and security issues. And this is coming at a time when both U.S. citizens and immigrant workers are understandably concerned about how employment data could be accessed or used by federal agencies.”
The E-Verify+ requirement is creating fear and uncertainty among employees and may affect employee recruitment and retention in the future, said Jacqueline Tkac, president of the California Association of Professional Scientists-UAW Local 1115, a union that represents roughly 800 health department employees. Amid reports of ICE activity at workplaces and people being taken off the street, the timing could not be worse.
“E-Verify+ is not a neutral administrative tool. It’s deeply integrated with DHS databases, including systems used by ICE, and relies on biometrics and cross-agency data sharing,” she said in a statement shared with CalMatters. “Introducing this at a time when immigrant communities and public health scientists are being openly targeted by the current federal administration is extremely chilling.”
The California Department of Public Health did not respond to multiple requests to answer questions. State information officer Nicole Skow told CalMatters that the California Department of Human Resources does not monitor how state agencies verify employment eligibility and that use of E-Verify is determined at a department level.
It raises red flags — especially when those workers have already met employment eligibility requirements.
— Anica Walls, president, SEIU Local 1000
Since it became available in the 1990s, E-Verify has been, by default, a voluntary program for employers, but it has become mandatory for more and more of them over time. The federal government has required E-Verify for certain contracts since 2009 and more than 20 states now require E-Verify for their own contracts or to issue business licenses. Earlier this month, Florida lawmakers passed a bill that requires employers of all sizes to use the federal program.
Critics of E-Verify say the program needs reforms to address instances in which it makes mistakes, including cases where people commit identity fraud to get jobs they shouldn’t have and false positives leading people to lose jobs that they were lawfully allowed to have. Based on Bureau of Labor Statistics data and the E-Verify error rate, if Congress passed an E-Verify mandate today, the work eligibility status of more than 120,000 people would get inaccurately labeled, allowing ineligible immigrants to work and labeling some authorized workers ineligible, which could lead to loss of wages or jobs, said Rep. Jamie Raskin, a Democrat from Maryland, during a hearing last month where members of Congress debated a bill that would require E-Verify use for all federal contracts.
The health department’s push to prove eligibility comes at a time when the U.S. Immigration and Customs Enforcement agency is ramping up I-9 audits that may precede raids. It also comes on the heels of ICE agents shooting and killing two people in Minnesota, the deaths of multiple people in ICE detention facilities, and multiple news reports that the Department of Homeland Security wants to bring similar tactics to California and New York.
It’s possible the department wants to prepare for or forestall an audit from ICE. I-9 audits increased in Minnesota in recent weeks, Minneapolis-based immigration attorney Matthew Webster told CalMatters. Webster said some appear indiscriminate, with audit notices “basically just being dropped off door to door,” and some seeming to be retaliatory, like a hospital where staff protested ICE’s treatment of a patient shortly before the hospital was audited, and a St. Paul toy store that gave away whistles that protesters use to alert their neighbors to ICE activity, also shortly before it was audited. Webster expects such audits to become more commonplace as tens of billions of dollars continue to pour into the law enforcement agency from the federal budget.
A set of “Frequently Asked Questions” drafted by the California Department of Public Health and distributed to employees describes E-Verify+ as intended to “reduce errors, streamline onboarding, and improve the overall employee experience.”
But one employee, who asked to remain anonymous to avoid retaliation, told CalMatters that in light of recent events, they’re concerned about the department providing employee photos to the Department of Homeland Security under E-Verify. They also said the health department should have made it clearer that employees could opt out of the “plus” version of E-Verify and should extend this option to people hired since November, who must always use E-Verify+, according to the questions document.
“Nowhere in the memo does it tell us we can opt out,” they said. “That information only came after employees raised concerns to the director.”
For the record: The original version of this story did not correctly describe what health department workers are being asked to verify. It is employment eligibility, whether through citizenship or other legal channels.
