The experience
State Department offices. The bill for the
has not appeared at a government office to
increased demand for passports has been
contest her nonconfirmation within eight
of American
estimated at $1 billion for just three years.35
days, the EEV system issues a final noncon-
workers when
firmation to the Big Store, and Peggy is fired.
The passport issuance process is a loose
they sought
parallel to the probable system for contesting
Welcome to the Jungle
tentative nonconfirmations. Although the
permission to
Even if Peggy were somehow confident
number of tentative nonconfirmations may
work would be
enough with her employment situation to
not be as high, the EEV system would be
get time away from training, and even if this
expected to handle about a million transac-
like their trips to
recent recipient of her GED were familiar
tions each week, with more than 2 million of
the nation's
enough with the procedure for contesting a
those getting further review as tentative non-
departments of
tentative nonconfirmation (while juggling
confirmations each year.
childcare), the unwelcoming and inefficient
It gets worse. For a significant number of
motor vehicles,
processes she would encounter at the federal
American workers, challenging tentative non-
post offices, and
government's offices should not be lightly
confirmations would not be just a matter of
dentists--long
dismissed. Disputes of tentative nonconfir-
presenting their documents and cleaning up
mations would not happen in lushly carpet-
the data in government systems. Counterat-
lines, unfriendly
ed offices with marble columns, hot coffee,
tacks on the system would complicate things.
service, and
and friendly, attentive staff. The experience
Many law-abiding American citizens would
of American workers when they sought per-
enter SSA and DHS offices as criminal sus-
painful
mission to work would be much more like
pects and potential candidates for deportation.
procedures.
their trips to the nation's departments of
motor vehicles, post offices, and dentists--
Counterattacks and
long lines, unfriendly service, and painful
Complications
procedures.
Some evidence indicates what American
workers would experience when they went to
Immigrants and employers dedicate their
clear up their tentative nonconfirmations. At
ingenuity to getting what they want and
the beginning of 2007, a new travel restriction
need. Although a national EEV system would
was imposed on all persons traveling by air
reduce the growth in illegal immigration by
between the United States and Western Hemi-
some measure, it would also prompt illegal
sphere countries. Americans visiting these
immigrants and some employers to under-
nearby neighbors are now required to present
take a variety of countermeasures.
a passport to reenter the United States, for-
For example, more people would work
merly not required if other proof of a right to
"under the table." Workers and employers
reenter was available. This requirement was an
would collude--even more often than they do
now36--to avoid the already substantial regula-
opening step in the implementation of a pro-
gram called the Western Hemisphere Travel
tory hassles and costs of working on the
Initiative, which--for little security benefit--
books. With the increased liability for employ-
will eventually require all Americans visiting
ers who did comply with the Form I-9 process
local neighboring countries to carry a pass-
(the updated penalties noted earlier), follow-
port.33
ing the letter of the law would be riskier, and
violating the law by going underground
The new rule drove a crush of Americans
would be relatively more attractive.
to passport offices seeking travel documents
Avoidance of EEV would be one result of
and caused delays in processing of up to a
strengthened internal enforcement. But a
month and a half, even though the State
Department had augmented its staff.34
variety of counterattacks on the EEV system
would be part of the response as well. They
Travelers across the country had their plans
would create extraordinary new costs and
thrown into doubt, and they angrily besieged
8