Could E-Verify have prevented the death of a Florida snowbird?

As more details emerge about the circumstances surrounding the forklift operator arrested for the fatal death of a Canadian snowbird in a hit-and-run crash in Fort Lauderdale, a question that should really be asked is "could this death have been prevented if Florida had passed a mandatory E-Verify bill for businesses?"

Let's back up a few days.

Several South Florida media outlets including WSVN and Local10.com reported the November 17, 2019 arrest of a forklift operator accused with the fatal hit-and-run crash into a Mercedes in Fort Lauderdale.

Broward County public records reveal 30-year-old Ulises Alberto Mondragon Umanzor was arrested on charges of leaving the scene of a fatal crash, driving without a license and failure to stop at a stop sign.

From Local10.com (emphasis mine):

"A black Mercedes-Benz convertible was traveling south on Seabreeze Boulevard approaching Poinsetta Street when it crashed into a forklift being driven to a nearby construction site. 

Police said the driver of the convertible was struck by the forks as they protruded out into Seabreeze Boulevard. 

Witnesses said the operator of the forklift, identified as Ulises Alberto Mondragon Umanzor, drove away after the crash and headed towards the construction site where he was working. 

A police probable cause affidavit shows that Mondragon Umanzor had a suspended drivers' license and didn't have a license to operate heavy machinery."

WSVN in Miami reported the driver, James Zakos — a father of two and former restaurant owner from Canada– was a snowbird who loved to be in South Florida driving his convertible and enjoying the weather

Public records under Broward County case number 19013717CF10A  also reveal Mondragon Umanzor is subject to an ICE hold meaning he is not lawfully present in the United States.

To recap:

• Public records reveal the forklift operator is not lawfully present in the U.S.
• Law enforcement records show the forklift operator had a suspended drivers' license
• Law enforcement records reflect the forklift operator didn't have a license to operate the forklift

OSHA (Occupational Safety and Health Administration) imposes fines and penalties on forklift operators and employers.

According to Forkliftlicenseguide.com.

• In December 2010, OSHA penalized a freight carrier company in Rhode Island for $76,000 after an operator suffered foot injury. The authority determined many counts where the lift truck was being operated incorrectly, resulting in worker injury.

• In February 2013, OSHA imposed $91,000 fines against a Chicago-based company after a worker was injured in an accident involving company’s forklift. The case arose when an OSHA inspector found lapses in the company training of the operator and a check of its license.

• In October 2014, a transportation firm located in Michigan was cited for willful and repeated OSHA violations. The alleged violations ranged from simple non-provision of fall protection to defective and non-maintenance of lift trucks. The company faced $145,000 monetary fine.

• In April 2016, OSHA cited several citations against United States Postal Office in its Iowa center. The complaint started when a person exposed that lift truck operators are jeopardizing their safety when handling loads and driving the trucks without clear view or visual to the direction. Despite this, USPS failed to rectify the violations. There are three violations, two repeated and one serious. The facility is now facing $88,000 fines.

Do you see why these OSHA rules exist?

Any forklift in the hands of an untrained unskilled unlicensed operator should be considered a lethal weapon. According to mccue.com, it shouldn't come as a surprise that a forklift is a dangerous piece of machinery. There are some pretty grim accident statistics to back up the notion that, in reality forklifts account for 1% of all warehouse or factory accidents, however the accidents tend to be more serious than others accounting for 10% of all physical injuries in the workplace.

Five Accident Statistics

• Forklifts account for around 85 deaths every year.
• Forklift accidents that result in serious injury total 34,900 annually.
• Non serious injuries related to forklift accidents reached 61,800 each year.
• A forklift overturning is the most common accident, accounting for 24% of all forklift accidents.
• "If companies implemented more stringent training policies, the Occupational Safety & Health Administration (OSHA) estimates that about 70% of forklift accidents in the US could be prevented “

Then there's the matter of Umanzor being subject to an ICE (Immigration and Customs Enforcement) hold, meaning he is not lawfully present in the U.S. Did Umanzors employer voluntarily use E-Verify to confirm his employment eligibility? It's certainly a legitimate question to ask. 


E-Verify, authorized by Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), is a web-based system through which employers electronically confirm the employment eligibility of their employees.

From USCIS website:

In the E-Verify process, employers create cases based on information taken from an employee’s Form I-9, Employment Eligibility Verification. E-Verify then electronically compares that information to records available to the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA).

The employer usually receives a response within a few seconds either confirming the employee’s employment eligibility or indicating that the employee needs to take further action to complete the case.

E-Verify is administered by SSA and U.S. Citizenship and Immigration Services (USCIS). USCIS facilitates compliance with U.S. immigration law by providing E-Verify program support, user support, training and outreach, and developing innovative technological solutions in employment eligibility verification.

A January 2011 GAO report on E-Verify acknowledged USCIS took multiple steps to improve the accuracy of of the E-Verify system, including expanding the number of databases queried through E-Verify. 

And in 2012; one year after the GAO report was made public in 2011, the State of Florida joined the Records and Information from DMVs for E-Verify (RIDE) for drivers licenses and ID cards.

Could the death of this Canadian snowbird have been prevented if Florida had passed a mandatory E-Verify for businesses bill? 

The Florida Legislature will have the opportunity to publicly debate that very topic of Mandatory E-Verify for business again once the 2020 Legislative session convenes in January.

SB 664 is the Verification of Employment Eligibility bill filed in the Florida Senate. Introduced by Senator Tom Lee and co-introduced by Senator Joe Gruters, if passed and signed into law, the Act would require employers to register with and use the E-Verify system beginning on a specified date to verify the employment eligibility of new employees.

The information related to forklift deaths and forklift accidents only represents a small concern for the overall number of individuals who are unskilled, untrained, and in many cases undocumented in our workforce.

We need to bring this practice to a halt and make companies realize that Mandatory E-Verify is a method for Florida employer’s to save money as opposed to spending money for injury, loss of life, fines, penalties, and other damages they incur by hiring undocumented immigrants.