Confirmation Hearings Highlight I-9 Violations by Nominee.

In 1993, the scandal du jour was the failure of several Clinton nominees to pay their "nanny taxes". Remember Zoe Baird, Kimba Wood, Ron Brown? The first two had to withdraw their nominations over their failure to pay employment taxes for household employees.

Fast forward to 2010 and we are now seeing nominees facing difficult questions over failure to require and maintain I-9 forms. All employers, including household employers who hire nannies, housekeepers, maids and other household employees, are legally required to verify the work eligibility of newly hired workers. The Department of Homeland Security makes the Form I-9 available to employers.

Alan Bersin, commissioner of US Customs and Border Protection (CBP), received an interim appointment from President Obama to his position, part of the Department of Homeland Security. In hearings May 12 before the Senate Finance Committee, it came to light that Mr. Bersin failed to obtain I-9 forms from his 10 household employees over the last 20 years, a failure that will cost him his confirmation according to Senators.

Senator Max Baucus (D-Montana) is quoted: "As the person responsible for securing our nation's borders, your failure to follow the law in this matter is unacceptable."

Mr. Bersin paid the "nanny taxes" and did not hire ineligible employees, rather he failed to follow Federal law which requires the Form I-9 for all employees.