A recent article regarding the war of words between the Department of Homeland Security and the Old Orchard Beach Police Department (“ICE, Maine police department trade blame over reserve officer’s work status,” July 31) illustrates the current problem that many employers across Maine and the United States are facing due to a chaotic and unpredictable immigration system.
Chief Elise Chard noted in the article that the Old Orchard Beach Police Department verified Patrolman Jon-Luke Evans’ ability to work legally in the United States by submitting his Department of Homeland Security-issued employment authorization document (EAD) and state-issued identification through the Department of Homeland Security’s E-Verify system as thousands of U.S. employers do daily.
In short, Chief Chard and the Old Orchard Beach Police Department did what they were supposed to do under the current regulations to verify Patrolman Evans’ eligibility to work in the United States.
In fact, they did more than most employers, as E-Verify is optional for many employers.
However, the real issue here for all U.S. employers is how the employment-based immigration rules are applied has shifted regularly of late due to executive actions, lawsuits and Department of Homeland Security memos while the actual regulations that Maine employers are following do not correspond to these shifting sands.
Under certain immigration regulations, there is a very real possibility that a person who may have overstayed a visa can have the legal ability to work and remain living in the United States because they have filed an application to change or amend their immigration status with Department of Homeland Security. This person could lawfully present these documents for employment and an employer could review them and find that they meet the regulations.
These situations are happening regularly across the United States as employers struggle to keep up with all the changes and many are justifiably satisfied when a job applicant presents a valid employment authorization document and state identification that passes the requirements set by Department of Homeland Security.
As Chief Chard aptly sums up in the article: “We’d done everything that we were supposed to do. He’d done everything he was supposed to do.”
Maine employers must be able to reply upon the federal employment-based immigration regulations that they are correctly following. No employer that is dutifully following the rules wants to have the situation that recently faced the Old Orchard Beach Police Department.
Maine’s tourism and farming businesses rely on foreign workers. To protect and stimulate this economy, Maine employers and employees must be able trust that following the regulations will protect them from the scene we just witnessed.
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