Food for Thought - C02 – Caught!

Food for Thought - C02 – Caught!

It is illegal to hire anyone not authorized to work in the U.S. 

Laws work well when everyone obeys them, but we all know we don’t live in a perfect world.

In the following, you will see what happens when people decide the law is something that applies to everyone else; just not them – Caught!

All articles are direct links to News Reports on the reporting agency’s website.

 (All suspects are considered innocent until proven guilty by a court of law)

Penalties for Employers Hiring Illegal Immigrants

Former CBP Supervisor Sentenced for Smuggling Undocumented Aliens

Restaurant Owner Pleads Guilty to Illegal Workers & Tax Evasion

$1.5 Million Fine for Northern California Company after ICE Worksite Probe

Company Owner Sentenced for Knowingly Hiring Undocumented Workers

Federal Conviction for Two Company Managers - Knowingly Hiring Illegal Workers & ID Theft

Changing of the Guard - Trump Presidency

Setting politics and personalities aside; the election is over and we will soon have new management.  Understandably, change can be difficult for many people due to the uncertainty of what the benefits, or consequences, of what that change may bring.  We must all remember that change is inevitable.

There is a great deal of concern from those undocumented people, who are now afraid that they will be deported.

Although I have to admit that their fears are somewhat justified; it seems nearly impossible for the new administration to overcome the legal hurdles of processing, and deporting millions of people.  This is compounded because previous administrations seem to have not only “tolerated” illegal immigration, but that they have supported and even given rights to these people – which is why mass deportations seem highly unlikely.

As Non-Immigrant Labor is a specific concern to us, as well as our clients; it seems important that we try to keep you up to date, and refrain from editorializing.

Our best advice is:

1.  Follow the rules of law, especially for the programs you are using.  

2.  Stay on top of your documentation and use due diligence when reviewing new hire documents – E-Verify is a great tool!

Now begins the speculation, but some very good points are brought up.

Forbes - What Trump's Presidency Means for Illegal immigrants & Immigration to the US

Politifact - Trump's Immigration Plan

Polizette - Immigration Action Items for Trump’s First 100 Days

Wall Street Journal - After Tough Talk on Immigration, Donald Trump Gets a Policy Lever

Fortune - Mass Deportations and a Wall: Will That Really Be Part a Trump Presidency?

D. Conley

Food For Thought - HR 3 - Hiring Foreign Workers

Food For Thought – HR 3

Hiring Foreign Workers

In the previous two installations, we addressed the need for fairness to all applicants, and the need to use our “Due Diligence” and looking at the documents that were presented to us by our new hires.  The importance of this is illustrated in the following from Title 8 USC 1324a, para (3) as shown below:

" U.S. Code › Title 8 › Chapter 12 › Subchapter II › Part VIII › § 1324a, Paragraph (3)Defense

"A person or entity that establishes that it has complied in good faith with the requirements of subsection (b) with respect to the hiring, recruiting, or referral for employment of an alien in the United States has established an affirmative defense that the person or entity has not violated paragraph (1)(A) with respect to such hiring, recruiting, or referral."

After 1986, all US companies are required to verify that all new hires are authorized to work in the United States – again; the I-9 Form and the list of acceptable/approved documents.

There are other concerns facing companies and hiring managers.  Due to the litigious society we live in, you have to be careful when asking questions.  If not phrased properly, or if you ask the wrong things, you could very well face a discrimination suit. 

 For example:  you cannot ask about their birthplace or national origin; you cannot ask what religion they practice, or what religious holidays they observe, and you cannot ask how old they are.  These are just a few examples of questions NOT to ask.

In another NOLO.com article by Deborah Dyson, she brings up a few questions that every hiring manager should know.  “Do they have papers?  What if they don’t?  Can you ask if they have papers?” 

First Things You Need to Know About Hiring Foreign Workers

These are some of the points addressed, and are good reading for any business owner or hiring manager.

D. Conley