American Shipper Magazine, a reputable trade publication, says that San Diegan Alan Bersin did not fill out I-9 forms from U.S. Citizen and Immigration Services used by an employer "to verify an employee's identity and to establish that the worker is eligible to accept employment in the United States," says the publication. Bersin's nomination as commissioner of Customs and Border Protection was being held up by Senate investigators when President Obama gave him a recess appointment. Sen. Charles Grassley (R.-Iowa) said Bersin was still "trying to resolve conflicting information" about documentation and disclosure of various household employees.

A spokesman for the Department of Homeland Security said that "Mr. Bersin has never hired someone who was ineligible to work in the United States." The spokesman said that Bersin did not fill out the I-9 forms because he did not know that they were required for people working in the United States, said the magazine. The spokesman said Bersin "regrets this error."

American Shipper sums it up: "The situation raises questions about how someone who has been in the trenches combating illegal immigration and making sure employers do not hire unauthorized workers could make such a mistake."