Talk about U.S. Immigration

Immigration Enforcement

July 7, 2009 on 8:47 pm | In Uncategorized | No Comments

Immigration enforcement policy is changing. Janet Nepolitano, Secretary, U.S. Department of Homeland Security (DHS), in her recent instructions to the agencies calls it “sensible” not “blind” enforcement. The policy shift focuses on enforcing employer compliance of immigration laws instead of just deporting the unlawful workers. Rise in the worksite audits by the Immigration and Customs Enforcement (ICE), over 650 planned this year as opposed to about 500 last year, is an indication of this change.

The change should be appreciated because it is a sign that the government is heeding to public objections to its erroneous policies. However, the rising ICE audits are not receiving a welcome sign from neither the answering employer nor the pro immigrant organizations.
Possibility of audit and threat of fines works as a good deterrent against violation of immigration or labor laws and exploitation of foreign labor. Increased audits should be favored by the pro immigrant groups which frequently found fault with the system because it ignored the employer who encouraged unauthorized employment but went after the undocumented foreign workforce. Consider the following:

E-verify participation, the electronic employment verification system, is considered a defense to the honest errors detected by the audit. It is pointed out that the employment verification form I-9 is so short but carries with it lengthy government instructions indicating complexity of the process. Besides, the electronic verification system itself is not free from flaws even as the government claims to continuously update it.

Also, employers participating in the e-verify should follow certain safeguards to avoid charges of adopting discriminatory practices. At times, an over cautious employer asks that the foreign worker produce certain immigration documents completely unnecessary and burdensome. All this is done in an attempt to protect the business. Although ICE audits signify a welcome change towards enforcing employer compliance much remains to be seen as to what tools will be offered the employer so that it could protect its business despite hiring foreign workers