The head of our Customs and Border Protection agency, Alan D. Bersin, claims he didn't know he was required to complete and retain an I-9 form for the 10 household employees he has hired since 1993, as required by U.S. Citizenship and Immigration Services (which shares enforcement responsibilities with the agency he heads).
As GovExec points out, this raises questions about his credibility and truthfulness, especially since he appears to have accepted the recess appointment after he knew he was in technical violation of the law. I for one am willing to stipulate that Bersin is sincere and followed the letter of the law as he knew it for the last 17 years. His credibility is no more in doubt than any other head of a federal agency.
The bigger problem here is that there is a five-page form that all U.S. employers must complete for all persons they hire, and the person qualified to head the enforcing agency didn't know it existed until he was being confirmed to head said agency. In other words, we have a system of regulation and taxation so complex that the people enforcing it don't even understand it until they have to massage their non-compliance so they can get the job of ensuring that we comply. See Geithner, Tim (IRS); and Daschle, Tom (HHS).
I'm sympathetic to the fact that the rigors of our confirmation process almost by definition are set up to exclude virtually all qualified candidates. But what about the rest of us? If they can't follow the law, why should we? This is what the Tea Party movement means when they say our government is too big and intrusive.