DHS Needs Help to Step Up Immigration Enforcement in the Workplace

Ira Mehlman, The Hill, December 29, 2017

One of the few areas of the immigration policy debate where there is near universal consensus is that the availability of jobs in this country is the driving force behind large-scale illegal immigration. Ending the magnet of employment in the U.S. will be a priority for the Immigration and Customs Enforcement (ICE) in 2018, the agency announced this week.

Drying up the supply of jobs available to illegal aliens was the theory behind the employer sanctions provision of the Immigration Reform and Control Act of 1986. That provision made it illegal for employers to hire unauthorized workers. The law has largely been ineffective due to lax enforcement and gaping loopholes that have allowed employers to easily circumvent the intent of the law.

Even with the flaws in the 1986 law, ICE has the statutory authority it needs to fine and/or prosecute employers that flagrantly violate the employer sanctions provision, and to remove illegal workers. Past administrations, Republican and Democrat, have mostly been reluctant to prosecute businesses that hire illegal aliens while, at the same time, undermining American workers.

Both parties are often swayed by powerful business interests that have come to view illegal immigration as a ready supply of malleable and subsidized labor. {snip}

On past occasions when administrations have decided to carry out worksite enforcement, these actions have made a difference. {snip}

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Congress can augment the effectiveness of ICE’s efforts to ensure a legal labor force by requiring all U.S. employers to verify workers’ employment eligibility by making E-Verify a mandatory part of the hiring process. Except in a handful of states that require all employers to use E-Verify, use of the system is entirely voluntary. Most employers, with no particular expertise in detecting fraud, merely retain copies of documents presented by prospective employers, without any way to verify them. In an age in which electronic verifications of all sorts are carried out hundreds of millions of times a day, with near 100 percent accuracy, the only real barrier to mandatory use of E-Verify is political, not technological.

Second, Congress can appropriate the money requested by President Trump to hire additional ICE personnel — particularly those dedicated to workplace enforcement. {snip}

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