Thread: Employers learn how to follow illegals laws

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Employers learn how to follow illegals laws

Saturday, March 25, 2006 3:12 AM EST
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By Angela M. Jones

Marietta Daily Journal Staff Writer

With state legislation proposing more severe consequences for businesses that hire illegal immigrants likely to pass, employers are busy learning how to avoid breaking both the current and new laws.

The new laws, drafted by state Sen. Chip Rogers (R-Woodstock), include measures to fine employers who hire illegal immigrants as much as $35,000 and take away their right to bid on government contracts. Continued violations could result in the business losing its license.

Presently, employers who hire illegal immigrants face a fine, per illegal employee, ranging from $275 to $2,200 for a first offense, and $3,000 and as much as six months in prison for repeated violations.


"The problem of illegal immigrants working in the United States is widespread. However, inadvertently hiring someone who does not have the right to legally work is more common than knowingly violating the law," said David C. Whitlock, a partner in the Atlanta office of Fisher and Phillips LLP, a law firm that represents employers nationwide in labor and employment matters.

According to the Office of Policy and Planning for U.S. Immigration and Naturalization Office, there were an estimated 7 million illegal immigrants living in the U.S. in 2000, with 228,000 of them living in Georgia.

"The federal government requires employers to verify each person's ID and employment eligibility, but the document standard is very ambiguous," he said. "As a result, employers sometimes end up unknowingly, and unintentionally, hiring someone illegal."

Whitlock, whose practice focuses on immigration and nationality law, led the seminar "Are you Sure Your Employees are Legal?" this week at the Cherokee County Chamber of Commerce in Canton to educate employers on the current and proposed laws.

The Immigration Reform and Control Act of 1986 already requires that employees provide documents that establish his or her identity and right to work in the U.S. before they can begin working, but bogus documents are reasonably easy to obtain, according to Whitlock.

"For $50, you can go to places on Buford Highway and get a green card or a social security card," he said. "It's not that hard to do at all, and if you don't know much about documents, you'd never suspect they were bogus."

If an employer is presented with documents that appear to be reasonably genuine, but are later found out to be counterfeit, Whitlock said the employer is not subject to a penalty, because they did not know the information was false.


But employers are not allowed to ask for specific documents to prove legal residency, such as a driver's license, birth certificate or green cards, he said, as that is considered document abuse under the immigration Act of 1990. It could subject the employer to a fine ranging from $110 to $1,100.

"With today's enforcement posture, you can get into more trouble for refusing a document than you will if you inadvertently take a fraudulent document," Whitlock said.

He also advised employers to consider a policy that would allow newly legalized immigrants to reveal their former status without fear of termination.

"Often, the best workers in your employment are the illegal immigrants, because they don't want to draw any attention to themselves," Whitlock told the seminar participants. "You can pretty much bet that they are not going to volunteer this sort of information unless they've become legal citizens."

He also provided updated information and tips on filling out the I-9 employment form. The first part requests basic information such as a name, address and social security number, and must be completed by the prospective employee before beginning work. The second part verifies the individual's identity and right to work in the U.S, and must be completed by the employer within 72 hours of the employee's start date.

Failure to complete the I-9 within 72 hours can result in the employer receiving a $300 to $400 fine.

"The I-9 form is deceptively easy," Whitlock said. "In the end, the employer is ultimately liable for the I-9 form being filled out properly and completely."

Jay Kelly, human resources director for Meyn America poultry processing equipment company, attended the seminar to keep up-to-date on the new I-9 process.

"This is a good refresher course," he said. "We're well within compliance, but it's good to keep up on the new requirements."

Originally Posted by Angela M. Jones

Employers learn how to follow illegals laws

Two things, Angela. You need to clarify what you're talking about.

By illegals laws, that means the labor laws of Mexico. But nowhere in your ambiguous article did you discuss Mexican labor laws. OR, dear Angela, the illegals' laws are, more than like, "no laws." They don't obey any laws.

Second, Angela, the fix is so easy even my cat fully understands. Employers who don't employ illegals need not worry about which lawbooks to refer to.

Do this, Angela, the next time you write an article, post the draft to this website so we can help you out with the accuracy of it. OK? Or, if you like, give me the subject line and I'll write your article for you.

The illegals' need for work, (including the Irish) brings a temptation to employers that they must learn to overcome. Simply say 'No'.

Logically, the illegals have no rights, no (US rights), however, we must look at what they are entitled to on a survival aspect. If some of these great proposals work, then we still may have to deal picking them up and treating them, medically if necessary, before taking them back to the border ASAP, without any court proceedings. If they lack documentation, they go back.

If the costs get way out of hand, the Congress and President ought step up to bat and tell the 'President' of Mexico, that they'd had better get their act together and behave democratically, rather than pulling 3rd world discraceful tactics with a 3rd world mentality, like Castro, who dumps his citizens at someone's door step. It's an international discrace for Mexico to not fall in line in regards to respect of borders and immigration. Their government does very little if nothing to take the responsibility for a nation that has the amount of poverty versus having such great resources. Someone with a good intention for mankind would have to become President of Mexico to help US resolve this insane situation. Let's all hope that we can find a peaceful way to resolve this. We Americans have to rise to this occassion to resolve the issue of the decade, with foresight, wisdom and with dignity. We must be decisive!

The illegals can prove themselves worthy of U.S. Citizenship. They would demonstrate this by obeying our existing immigration laws and exiting this country when they are told to do so.

George Bush could go down in history as one of the greatest presidents if he had more respect for the working class and more of a reign over the corporate elitists who want nothing more than global slavery with a deminished U.S. Constitution. George could show his father what was wrong with his idea. My own grandfather, who had all of my dear respect, had a boss for years who was his own son.

President George W. Bush, sir, you should step up and lead the continent into a new era by helping resolve this issue. You've said it yourself,
"Sometimes Presidents have to make the hard decisions". Mexico needs a swift slap in the face, and YOU NEED TO LEAD THE WAY!!