TPMMuckraker

Immigration Lawyer: Whitman Failed To Sign Off On Housekeeper’s Immigration Form

Gubernatorial candidate Meg Whitman (R-CA), left, and her former housekeeper Nicky Diaz

California GOP gubernatorial candidate Meg Whitman could potentially be held responsible for errors on her former housekeeper’s I-9 Employment Eligibility Verification Form, an immigration lawyer who has examined the documents tells TPMMuckraker.

“There are definitely violations on the I-9,” Greg Siskind told TPMMuckraker. “It’s not unusual where we see an I-9 form like this where there’s no signature, no dating, that it’s an [human resources] person who is afraid of being on the hook for documents that they suspect are bogus.”

There is no signature on page 14 of the documents provided by the Whitman campaign. Suskind says that’s a violation of the Immigration Reform and Control Act of 1986.

Because this wasn’t a temporary situation — the nanny was employed for nine years — Whitman was responsible for completing the I-9. The I-9 form provided by the campaign does not have the signature of either Whitman or an authorized agent like the placement company.

It wasn’t clear if the copy of the documents provided by the campaign was made before either Whitman or her husband signed another copy.

Even if the placement agency, Town & Country Resources, filled out the form, Whitman and her husband are still legally responsible for the I-9 as employers, said Suskind.

The placement company told TPMMuckraker that records show that “as an agency we did everything that was legally required and followed standard procedures at the time.”

A spokeswoman did not comment directly on the charges from the immigration lawyer. She noted that Diaz had been fired when Whitman and her husband learned they were being deceived about her immigration status. Whitman followed the letter of the law, said campaign spokeswoman Andrea Jones Rivera.

“Looking at this, it is very unusual to see the documents that nothing is signed, there’s no dating on it — so there’s no indication that anyone actually looked at the documents,” Siskind said. “That’s what the whole point is of the certification, that an employer is supposed to say I looked at these documents, they appear to be genuine.”

Siskind also said that Whitman and her husband should have been tipped off when her housekeeper, Nicky Diaz, allegedly said told them she couldn’t travel outside of the country.

“That’s just common sense,” Suskind said.

Siskind first wrote about the form on his blog.

CA-GOV, Greg Suskind, Meg Whitman, Nicky Diaz
Ryan J. Reilly

Ryan J. Reilly is a D.C.-based reporter for TPM. Prior to joining TPM, he worked for a news website covering the Justice Department and was a researcher for Bloomberg News. His email address is ryan(at)talkingpointsmemo.com.

Editor & Publisher

Josh Marshall

Managing Editor

David Kurtz

Senior Associate Editor

Paul Werdel

Associate Editor

Sara Libby

Assistant Editor

Igor Bobic

Reporters

Brian Beutler

Carl Franzen

Sahil Kapur

Eric Kleefeld

Eric Lach

Nick Martin

Evan McMorris-Santoro

Ryan J. Reilly

Benjy Sarlin

Front Page Editor

David Taintor

Poll Editor

Kyle Leighton

News Writer

Pema Levy

Video Editor

Michael Lester

Polling Fellow

Tom Kludt

Video Fellow

Clayton Ashley

Research Interns

Michael Brooks

Publishing Intern

Christopher O’Driscoll

Miles Read

General Manager & General Counsel

Millet Israeli

VP, Ad Sales

Mary Cadwallader

Bob Edmunds

Bruce Ellerstein

Waldo Tibbetts

Manager, Ad Operations and Sales Support

Versha Sharma

Deputy Publisher

Callie Schweitzer

Director of Technology

Eric Buth

Designer/Developer

Ni Mu

Matthew Wozniak

Tech Fellow

Dennis Cahillane