There is no signature on page 14 of the documents provided by the Whitman campaign. Suskind says that's a violation of the Immigration Reform and Control Act of 1986.
Because this wasn't a temporary situation -- the nanny was employed for nine years -- Whitman was responsible for completing the I-9. The I-9 form provided by the campaign does not have the signature of either Whitman or an authorized agent like the placement company.
It wasn't clear if the copy of the documents provided by the campaign was made before either Whitman or her husband signed another copy.
Even if the placement agency, Town & Country Resources, filled out the form, Whitman and her husband are still legally responsible for the I-9 as employers, said Suskind.
The placement company told TPMMuckraker that records show that "as an agency we did everything that was legally required and followed standard procedures at the time."
A spokeswoman did not comment directly on the charges from the immigration lawyer. She noted that Diaz had been fired when Whitman and her husband learned they were being deceived about her immigration status. Whitman followed the letter of the law, said campaign spokeswoman Andrea Jones Rivera.
"Looking at this, it is very unusual to see the documents that nothing is signed, there's no dating on it -- so there's no indication that anyone actually looked at the documents," Siskind said. "That's what the whole point is of the certification, that an employer is supposed to say I looked at these documents, they appear to be genuine."
Siskind also said that Whitman and her husband should have been tipped off when her housekeeper, Nicky Diaz, allegedly said told them she couldn't travel outside of the country.
"That's just common sense," Suskind said.
Siskind first wrote about the form on his blog.