Employers Beware: The I-9 Form: Verifying Identity and Identity Documents in the Employment Context

Abstract

The US Government requires identity verification in the employment context, to prevent unauthorized employment and the primary reason for illegal immigration. Now, in the war on terror, such processes and forms take on heightened importance, particularly in sensitive positions and venues. Identity verification poses particular difficulties for employers. This Article argues that the primary form relied upon by the federal government, the I-9 form along with the supporting process, is fundamentally flawed and incapable of providing adequate verification. This Article also sets out a range of alternative measures that would provide better quality verification of identity.