Most employers believe that they are required by law to obtain a social security number from each employee. Additionally the advice from the employer’s attorney or accountant usually reinforces this opinion; often the advice further suggests they should terminate the employee in question. However, closer examination of the law and regulation is prudent.
Each American, enumerated or not, has broad, legally protected rights. Violating a person’s rights can lead employers into serious legal and financial problems ... and in some cases, even jail. Be certain that your decision to terminate an unenumerated employee is based on competent legal advice from an attorney who can represent you in court. Getting legal advice from an accountant is unwise. Additionally, employers also need to recognize that the Internal Revenue Service will not appear in court on their behalf ... even when they advise terminating an unenumerated employee.
According to the Constitution of the United States, only Congress can make law. Laws become codified into the United State Code books after they pass through and are finally signed by our President. Often, Congress delegates authority to various departments to create regulations for implementing these laws. These regulations are codified into the United States Code of Federal Regulations.
https://youtu.be/kUJ3ReBfnD0