One of the things that the Federal Government is supposed to do is control immigration and over the last couple of years a great deal of hot air (let's hope it wasn't greenhouse gases) has come out of Washington on the subject. However, aside from a mix of photo-op posturing, disingenuous calls for action and whining platitudes, very little was accomplished other than tweaking the vocabulary to turn "illegal alien" into the more PC-compatible "undocumented worker." I am sorry to say this Nancy, Harry, Ted, Gavin; these people are not"undocumented workers" they are, in point of fact, "illegal aliens." They came into the country illegally, they are working illegally; they are criminals and now, in an effort to keep Immigration and Customs Enforcement (ICE) off their trail, they are making things worse by stealing the identities of American citizens!
Well, if the Congress won't do anything about illegal immigration, border security, the resulting identity theft and so on, ICE and then the States and they have. The tactics are not only the old policy of catch and release the past. For some 'time, one eye fixing its position was disastrous continuation of the employer.
Operation Wagon Train
An example is the series of ICE raids against Swift & Company, the large meat processing enterprises. The raid, which took place in 2006, bodies were made to six companies: Greeley, Colorado, Grand Island, Nebraska;Cactus, Texas, Hyrum, Utah; Marshalltown, Iowa and Worthington, Minnesota. In a press conference in December 2006 by Homeland Security, Michael Chertoff, Immigration and Customs Enforcement Assistant Secretary Julie Myers, and the Federal Trade Commission Chairman Deborah Platt Majoras, Michael Chertoff together these observations about the raid (the italics below are mine) :
Of the 1282 workers who were arrested on administrative immigration violations, were charged with about 65identity theft-related charges - those are criminal charges - or other similar criminal violations, including reentry. That number may change as the investigation continues and as more individuals get charged with criminal violations in addition to administrative violations.
The investigation began in February of this year. The evidence we uncovered indicates that hundreds of Swift workers illegally assumed the identities of U.S. citizens, using stolen or fraudulently acquired Social security numbers and other identity documents they used to get jobs at Swift facilities. Emphasize that the investigation will continue, especially with regard to those who facilitated or conspired with others to allow support this use of identity theft to illegal employment. Thus, some of the follow-on, research also matures.
Well, this is not just a case of illegal immigration, that is enough. This is a case of identity theft in violation ofprivacy rights and the economic rights of innocent Americans. I will tell you that the people whose identities were stolen - and we believe, based on reporting we got at the federal Trade Commission (FTC) - that these number at least in the hundreds. These individuals suffered very real consequences in their lives. These were not victimless crimes.
"Those who facilitated"-the employers-are targets. In 2007, ICE made 863 criminal arrests; 59 were owners and 33 were lower-level managers. These people were primarily charged with knowingly hiring illegal workers. This is a huge rise from the 176 such arrests that ICE made in 2006. How are they doing it? With the threat of prison and deportation over their heads, it is not difficult for ICE agents to convince many illegal aliens to cut a deal and turn State's evidence. Wearing wires and using false credentials provided to them by ICE, these illegals tape conversations, apply for and get new jobs and generally collect incriminating evidence of wrongdoing on the part of management and business owners. The evidence is turned over to ICE, arrests are made and prosecutions proceed.
The raids on Swift were merely the largest and most public example, but there are smaller actions being taken each day and they all convey the same message: Do not hire illegal aliens. However, ICE isn't the only voice with that message. The States, frustrated over Washington's lack of leadership on the subject, are being heard as well and, as an employer, it would be wise for you to listen.
Hire an Illegal Alien, Go Out of Business
The toughest states for illegal immigration are Tennessee, Arizona and Mississippi, all of which will yank your business license for hiring an illegal alien if you have not followed the law's provisions for determining an applicant's status. Mississippi, for example, mandates the use of the Federal Government's E-Verify system. Employers who use it and still get caught should have nothing to worry about as long as they have done nothing to assist the illegal alien in question. The law states:
Any employer that complies with the requirements of this section shall be held harmless by the Mississippi Department of Employment Security, provided the employer is not directly involved in the creation of any false documents, and provided that the employer did not knowingly and willfully accept false documents from the employee.
These laws also target the illegal aliens in In addition to employers. The Mississippi law mandates a sentence for crime, illegal working, with a penalty of up to 5 years in prison and $ 10,000 fine. In Oklahoma, the law, employers E-Verify requires the use, but also makes it more difficult for illegal immigrants to get state, obtain identity documents, or public support, authorizes the police stopped to check the status immigrant to anyone, and makes it a crime for a crime for U.S. citizensknowingly provide shelter, transportation, or employment to illegal immigrants.
The list goes on but the pattern-and the message arising from it-is clear. Frustrated over the inaction of Congress (Section 2, Paragraph (a) of the Tennessee statute reads in part: "For purposes of enforcing federal immigration laws, including, if applicable, federal laws relating to the employment of illegal aliens..."), the States have taken the power to deal with this immigration issue onto themselves. Of course, not everyone agrees. There are those who say that the Congress has the sole authority to pass laws governing immigration, while there are others who argue that the states have the right, a drama that will eventually be played out in the courts. There can be no argument, however, that if the states have to pass laws to enforce existing federal law, then something is deeply wrong in Washington. In fact, that fact alone, that the states feel as if they must-and can-take over what is a Federal question every taxpayer must sit and take note of what happens at the federal level. But while sitting and taking into account, you need as an entrepreneur, learn how to protect themselves.
Bottom line: Cheap labor is the risk worth it?
Cheap labor: why hire illegal immigrants first. You can hire more of them the same amount of money for payroll, or hiring less pocket money and a difference. What's more, they should not receive the application,they do jobs that others won't do and their status as illegal aliens makes them very easy to exploit as far as work hours and conditions are concerned.
On the other hand, these same people are now wearing wires and implicating their employers in this criminal relationship. On top of that they are committing identity theft and harming honest Americans just to stay here. Sure, from a cash point of view, they are a bargain, but the hidden costs and risks associated with hiring an illegal alien mount up very quickly.
If you want to make sure that your company is in compliance with the law, a great place to start is the ICE Mutual Agreement between Government and Employers (IMAGE) program. The program, started in 2007, is designed to help employers in certain business sectors develop a more secure and stable workforce and to enhance fraudulent document awareness through education and training. ICE and U.S. Citizenship and Immigration Services (USCIS) educate and train The participants to the proper setting, to identify document fraud, check with your system Ee anti-discrimination procedures.
This will help you cover as much as the federal government is concerned. You must also ensure that you are up to scratch with state and local laws are good. Remember that some of you may be familiar with the Sun Business This is the time to panic is a time to educate and get compliant. Illegal immigration is a drain on our economy and a threatto our security, and it is up to all of us to help put an end to it. The community will be better for it and your business will be better for it.
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