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A successful EEV

ships.42 As Windley points out, relationships

one each for identity and eligibility, such as a

driver's license and Social Security card. The

define the many different identities people

system--indeed,

have.43 Identities do not define relationships--

employer must attest, under penalty of per-

successful

jury, that it has examined the documents and

at least not in a modern, free country.

internal enforce-

found they appear to be genuine and that the

Bringing Americans into a uniform govern-

employee appears eligible to work in the

ment identity system--for controlling illegal

ment of federal

United States.

immigration or any other purpose--would

immigration

The conversion of every small businessper-

make people's relationship with government

son and human resources director into an

one of the foremost in their lives. It would be

law--requires an

immigration agent surely hides the cost of the

an attempt to force a relationship on them that

overweening,

enforcement regime, but it does not necessari-

many do not want. But a successful EEV sys-

unworkable, and

ly work well to combat illegal employment.

tem--indeed, successful internal enforcement

For example, employers often fail to accurate-

of federal immigration law--requires this kind

unacceptable

ly identify their workers, hiring unauthorized

of overweening, unworkable, and unacceptable

identity system.

workers despite faithfully carrying out their

identity system.

duties under the law.

Several bills introduced in recent Congresses

The opening of the employment relation-

have proposed establishing federal EEV systems

ship is not like ongoing personal relationships.

but have denied creating a national ID card, say-

Particularly in low-skill jobs, the new employee

ing things like, "Nothing in this Act shall be

proffers his or her identity for the first time as

construed to authorize, directly or indirectly,

the relationship begins. The employer has little

the issuance or use of national identification

reason, and takes little time, to examine the

cards or the establishment of a national identi-

applicant's identity bona fides.

fication card." Establishing a national EEV sys-

At this early point in the relationship,

tem without a national ID card is nearly impos-

however, the law requires the employer to

sible, and the national-ID denials in these bills

have been false.44 All proposals and plans to

examine and report on the new employee's

identity information. It is not a natural, per-

improve the Form I-9 process--whether or not

sonal interaction of the kind that works so

by going electronic--show that internal enforce-

well in families. Employers identify their new

ment of federal immigration law requires a

employees using ID cards.

national ID.

Identification by Card

I-9s and Identity

The process of identifying someone by card

In personal interactions, people use iden-

is important and valuable, allowing people to

tification constantly. When they have met

be treated as "known," to a degree, from the

before, people are very adept at recognizing

first encounter. But the identification-by-card

each other again using their sight, hearing,

process is also fraught with weaknesses that

and other senses. This facility enables people

can undermine the process when it does not

to pick up where they left off when they see

benefit both parties. Figure 1 illustrates the

each other a second, third, and fourth time.

three steps by which a card transfers identity

The success and familiarity people have with

information from the ID subject (the card-

in-person identification may give policymak-

holder) to the ID verifier (or relying party).

ers excessive confidence in identification's

First, the subject applies to a card issuer

power in other contexts.

(such as a DMV) for a card, typically supply-

Currently, U.S. employers must collect

ing nearly all the personal information the

and examine identity and eligibility informa-

card will contain. Next, the card issuer creates

tion from all employees at the time of hire.

a card, supplying information to any later

They can do so through a single document,

verifier. Finally, the verifier compares the

such as a passport or certificate of U.S. citi-

card to the person presenting it. Having veri-

zenship, or through two separate documents,

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