DHS Increases Enforcement against Employers
Posted May 05, 2006
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The U.S. Immigration and Customs Enforcement (ICE), the enforcement division of the U.S. Department of Homeland Security (DHS) on immigration cases, has recently initiated increased interior immigration enforcement. These increased efforts include targeting employers of undocumented and/or unauthorized employees. The enforcement mechanisms against employers include not only civil fines, but potentially criminal charges and federal asset forfeiture of the tools or instrumentalities of these crimes.
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Recent Arrests include Nationwide Operations
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Some of the increased efforts have been reported by the news media, including a nationwide search of the country's largest pallet company. That search extended to more than 26 states and, according to an ICE press release, resulted in criminal charges against seven current and former managers of the corporation for conspiring to transport, harbor, encourage, and induce undocumented individuals to reside in the United States for commercial advantage and private financial gain. From the description provided by ICE, the particular employer's violations were pervasive. Over half of the 5,800 workers on the payroll had invalid social security numbers or had numbers with names that did not match the names registered with the Social Security Administration. Over 1,000 foreign nationals were apprehended.
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DHS's New Get-Tough Approach
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ICE has proclaimed a new, tougher approach to employer violations. DHS Secretary Michael Chertoff proclaimed that DHS "has no patience for employers who tolerate or perpetuate a shadow economy. We intend to find employers who knowingly or recklessly hire unauthorized workers and we will use every authority within our power to shut down businesses that exploit an illegal workforce to turn a profit."
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Employers Should Verify Employment Eligibility
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As a result of the enforcement activity and general immigration focus in the U.S., employers are stepping up their efforts to verify employment eligibility of newly hired employees. According to a report in the Charlotte Observer, nearly 6,200 companies nationwide participate in an employment verification system known as Basic Pilot, reflecting an increase of 13% since March 2006. While this extra step of verifying documents that may appear to be valid is optional, it obviously is a safeguard for employers who are trying to be on the right side of the law. MurthyDotCom and MurthyBulletin readers were advised of this program in our December 19, 2003 article, Extended Pilot Programs, available on MurthyDotCom.
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What Employers Must Do :
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Follow the Law  Employers have to be careful with respect to the need to verify employment eligibility under employment laws for compliance with immigration requirements, while not discriminating or otherwise violating other employment laws. The USCIS WebSite carries some helpful Information for Employers. The USCIS has Employer Information Bulletins for employers as well, including extensive information on I-9 compliance and document verification.
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Lobby to Change Laws  Employers unable to find qualified, available U.S. workers need to explore the avenues of legal immigration for their prospective or existing workforces. If they find, as is the case with many employers, that the current immigration system does not provide sufficient categories or mechanisms for obtaining the legal workers they need in a timely fashion, then they should contact their legislators and lobby for changes to our U.S. immigration system, so that it better reflects the business reality and responds to the need for comprehensive immigration reform.