There’s a reason why the idea of employing illegal immigrants might be appealing to so many employers. For starters, illegal immigrants tend to come at a fairly low cost as compared to those who are legally authorized to work in the United States. Since illegal immigrants are aware that they technically have no right to pursue or be granted employment within the United States, they are less likely to complain about poor working conditions and are more likely to submit to the demands of even the harshest of employers since it means bringing home some money at the end of the day. The combination of hard work and cheap labor makes the idea of hiring illegal workers appealing to many companies. However, from a legal perspective, doing so could result in serious and costly consequences.
As an immigration attorney, Daniel Fisher of the law firm Fisher & Frommer, NYC thinks that its important for employers to know that significant penalties are involved in engaging in alien employment. In fact, ICE (U.S. Immigration and Customs Enforcement) tends to focus more on employers who hire illegal aliens rather than on workers seeking job opportunities because employers have a nasty habit of taking advantage of the circumstances and exploiting workers. After all, in most illegal employment situations, the employers actually have more to gain than the overworked, underpaid illegal employees.
The tricky thing is that when it comes to hiring illegal workers, not every situation is cut and dry. After all, some workers might present themselves as authorized to work in the United States, but in reality, such people might be lying for the sake of getting jobs. While the fraud inherent in an illegal working situation might originate from the person seeking employment, the fact of the matter is that by law, employers have a certain obligation to verify the employment status of all of their employees. Employers are required to keep an I-9 form on file for every new employee that gets hired; also known as the Employment Eligibility Verification Form, this document can and should be used by an employer to verify an employee’s identity and work authorization status within the United States.
These days, authenticating the information as submitted on an I-9 is easier than ever thanks to a system known as E-Verify. The E-Verify system is an Internet program that allows employers to simply log on and use the information reported on an I-9 to determine the eligibility of an employee to work in the United States. The service is free and makes the verification process so straightforward that employers have fewer excuses than ever not to fulfill such obligations.
While one might hope that patriotism alone would motivate employers to take the necessary steps to verify the employment status of their employees, the possibility of heavy fines should be enough to convince employers to follow the rules. Any failure to comply with the requirements associated with employee verification could result not only in a monetary loss, but in some cases, actual criminal charges. Additionally, if an employer is caught in the act of employing illegal workers, then ICE has the right to seize anything that might have helped further the crime, including company computers and vehicles.
Defrauding the government in general is a pretty bad idea, but when it comes to hiring illegal workers, employers should know that the penalties can be harsh. Therefore, if you’re an employer, you should go out of your way to fulfill your obligations as far as the employee verification process is concerned, and you should definitely resist the temptation to hire illegal workers on the cheap. Because while you might get away with doing so for a limited period of time, you should know that the legal and financial ramifications will probably be far more costly than the price of paying an authorized worker his minimum wage.
This unsustainable greed cannot last much longer as wages fall and benefits are extinguished by the ruthless use of illegal labor. E-Verify, the local police 287 (g) with the power to arrest, didn't exist prior to President Bush introduction to the job market. From its inception E-Verify to stem illegal aliens from stealing jobs from millions of legitimized workers as part of the progressive SAVE ACT. Free trade under the NAFTA treaty became an abomination, as it deposed indigenous farmers from their income lands South of the border, thanks to US agricultural corporations. They needed to feed their families, so in their desperation they came looking for work in the United States. This catch 22 situation has appropriated lands in Mexico for US agricultural interests, at the same time forcing millions striving to reach this nation. As the Obama administration considers CIR, the numbers of illegal immigrants will rise in apportionment to the new AMNESTY law being to be enacted.
Border States, specifically as CALIFORNIA-a known sanctuary state, is falling apart financially and with no end in sight. Arizona and Texas, must be suffering as any state now, compromised financially by the illegal immigrant occupation? E-Verify continues to contribute to immigration enforcement with a more rational emphasis on identifying foreign workers. It should not be construed as perfect, but it is progressively making headway in removing illegal labor. It's become a paramount issue because years of neglect by previous administrations, but now-REAL-enforcement is watched carefully by bloggers and non-pandering press. Building on it's original concept with new tools has added a much stronger and opponents can no longer denies it works? But any enforcement program that is working is normally easy prey for certain corrupt politicians and the open border organizations. It might seem meaningless now, but if the rush to the border comes, as its been said by bloggers' like me and even the press, whom normally have their fingers in their ears. That-NOTHING-will-STOP-the onslaught. The US Border Patrol needs to be enforced with the National Guard, because the numbers who try to force a way into America will overwhelm even the imagination? OUR COUNTRY HAS BEEN CRIPPLED BY ILLEGAL IMMIGRATION AND WILL CONTINUE TOO, BECAUSE OF POOR ENFORCEMENT. THE NUMBERS OF 12 TO 13 MILLION ALREADY HERE, DOESN'T ADD UP?
Those who have urged President Obama to enact this nonsensical AMNESTY, will be out-of-office, in the 2010 election year. Sen.Harry Reid (D-NV) leading the pack of wolves, will be the first to end up on the political funeral pyre. Those who come here from South of border and the very tip of South America, will enter with contagious diseases, criminal records and may be even terrorists. Those who slip across the Canadian border or through lengthy tourist lines at airport terminals could also be carriers of many viruses, not seen in America for fifty years.
This is not about racism in regards to stopping illegal immigration, unless a large majority of Americans are considered to be? This about billions of dollars being drained from American taxpayers, about billions for education, health care, the prison system and hidden government entitlements. It's about “THE Rule of LAW” and each administration that refuses to address Immigration Enforcement and allows illegal workers, criminals and even terrorist breaking into a sovereign country. Now they are trying to brain wash us with another-AMNESTY-which we cannot allow to happen? It will be the harbinger of unsustainable population growth according to the US Census Bureau. Don't take my word: GOOGLE ILLEGAL IMMIGRATION, COSTS. & OTHER STATISTICS. MORE INFORMATION ABOUT CORRUPTION AND THE AGENDA OF OPEN BORDER ORGANIZATIONS AT NUMBERSUSA & JUDICIAL WATCH. CALL YOUR SENATOR AND CONGRESSMAN AT 202-224-3121. SAY NO TO AMNESTY! SAY YES TO E-VERIFY & POLICE ARREST 287 (G). SAY ICE RAIDS. SAY YES TO THE SAVE ACT. SAY NO TO OVERPOPULATION. If you are against illegal immigration, we too must bombard WASHINGTON with a 28 cent postcard. There are more patriotic Americans and legal residents than illegal foreign nationals, sponging off taxpayers who will pour into our nation by the millions Just before AMNESTY is signed into law.
Brittanicus – January 16, 2010 , 9:10 PM
MY HUSBAND WAS FIRED BECAUSE OF CHEAPER LABOR AVAILABLE HIS EMPLOYER HAS ALREADY BEEN FINED BUT HE DIDNT LEARN HIS LESSON I GUESS . I GET SICK OF THESE ILLEGALS TAKING OUR JOBS AND WE HAVE TO TAKE CARE OF THE KIDS THEY HAVE IN THIS COUNTRY . THERE SHOULD BE PRISON TIME FOR THE OWNERS OF THE COMPANIES .
SHERRIE – April 26, 2010 , 9:34 PM
I cannot find out what the punishment could be for hiring illegals except to cease anything that helped further the crime as stated above. I have googled many sites and they seem to avoid stating the penalty. If a penalty were more apparent it may have more affect.
Cammack – August 12, 2010 , 3:01 PM
I recently worked for a employer that employs 4 illegal immigrants and due to a injury I sustained at his residence/work site I was terminated and told that it is not the job for me and that I had pissed off one of the illegal immigrants. Now I am suffering from a compression fracture to the spine and am unemployed due to the situation. I wish that employers would not get away with this kind of behavior…
Tigger – September 23, 2010 , 12:30 AM
I work fo cleaning company the fire me the supervisor descriminite all the people because 90 % percen no heve paper i said to hir we are people the company name is Metroclean in houston tx.
Pilar – December 16, 2010 , 12:04 PM