Published on Friday, June 01, 2007.
Last modified on 6/1/2007 at 1:16 am

Employers advised not to hire illegally
By WHITNEY ROYSTER
Casper Star-Tribune

JACKSON - Immigration experts struck fear in the hearts of employers at a work force conference Thursday, saying enforcement is being stepped up and employers can face stiff fines and jail time if they knowingly hire illegal workers.

Chris Thomas, an attorney with Holland and Hart out of Denver, said that during the Clinton administration, enforcement of illegal workers was "widespread." Under the Bush administration, the feeling was "don't mess with employers," and enforcement slackened.

But in the past year, enforcement has begun ramping up again, Thomas said. Instead of imposing fines, law enforcement is conducting criminal investigations.

"Now, paranoia is the best in the world of immigration," Thomas said.

He said employees are being approached and are told they and their families and friends will be deported if they don't cooperate with law enforcement. Then they wear wires and have conversations with human resources officials saying it's known they are here illegally.

"If someone comes up to you and says, 'I'm here illegally,' then you say, 'Well, then today's your last day,' " Thomas said. "Assume a federal official is listening on the other end."

Close to 300 Wyoming employers request around 3,500 foreign workers annually under a temporary-visa program, and immigrants offer a significant boost to towns with seasonal labor needs, including Jackson. The Wyoming Workforce Development Council met here Thursday and continues today to discuss issues facing employers around the state.

In addition to the seminar on immigration issues, conference topics include affordable housing and retaining young workers.

Colleen Dubbe, manager of the Jackson work force center, said employers need to plan far ahead for anticipated hiring needs.

She said H2B visas, the most common for temporary and seasonal workers, have an annual national cap of 66,000 new people each year. There are two seasons, one from Oct. 1 to March 31, and that reached its cap in November. The other season, from April 1 to Sept. 30, reached its cap in March.

The soonest employers can file is 120 days before a worker is to arrive, and an application can take up to four months. All applications need to show is that the workers are here temporarily, and the visa must not cause any adverse effect on wages or working conditions to U.S. workers, she said.

Thomas said immigration forms have to be completed perfectly or an employer can be deemed having "constructive knowledge" that someone was here illegally.

Grant Hendren, a human resources officer with a local resort, told people that if employers are not worried about immigration and enforcement, "you should be."

He also outlined the lengthy process to go through the channels to hire foreign workers. The thrust of the message? Get it done early.

He said human resources offices need to plan in the summer for the winter season, and vice versa.

"It's not something that has a two-week solution, or even a month," he said. "It really is season to season."

In Wyoming it is particularly difficult, Hendren said, because of low unemployment rates. Business need to know and demonstrate immigrants are a supplemental work force that are not replacing a lack of workers, and instead are a seasonal need.

The three speakers also outlined different types of visas and regulations for each.

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