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Friday, August 4, 2006

Farmer sees immigration crackdown as a burden


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By Laura Keeter

Daily Times Staff Writer

A growing government crack-down on hiring illegal immigrants and a new program to make sure workers are legal doesn't impress farmer Jerome Vick too much.

ICE, or the U.S. Immigration and Customs Enforcement, has been pressing criminal charges against employers who hire illegals. Now the agency is offering a voluntary program to businesses to train them on hiring procedures, fraudulent document detection and anti-discrimination laws.
The new program is called IMAGE, ICE Mutual Agreement between Government and Employers.

"I heard that is under way," said Vick, a partner in Vick Family Farms, but he added that he considers the whole thing an "undue burden on the employer.

"What should happen is some good common sense should enter the lawmaking arena instead of politics," he said.

So far in fiscal 2006, which ends on Sept. 30, ICE has arrested 445 people nationally on criminal charges in work-site investigations and another 2,700 workers on immigration violations, according to its Web site. During fiscal 2005, ICE arrested 176 persons on criminal charges and 1,116 people on immigration violations. So far, no charges have been pressed against any North Carolina employers, said Michael Keegan, an ICE spokesman.

Vick Family Farms first got concerned about the growing numbers of illegal workers a few years ago and started using the government's H-2A program to find the need labor to harvests his crops.

However, Vick considers the H-2A program "very expensive." He has to pay those workers $8.51 an hour, which is about $2 more than the prevailing farm wages of $6 to $6.50 an hour.

"The government should make it easy and reduce this $8.51," Vick said.

In the construction industry, foreign workers are a major source of labor, or about 20 percent of workers, said Paul Wilms, director of governmental affairs for the North Carolina Home Builders Association.

It may be hard for some employers to know whether they are employing one of the estimated 12.5 million undocumented workers in the U.S., he said. North Carolina is also a "Mecca" for illegals because it's easier to get a driver's license here than in other states, he said.

Being prosecuted for hiring illegals has been a concern because the average North Carolina builder is a small business man or woman who employs two to three people and builds about six to eight homes a year, he said.

"Their spouse may do the books on the kitchen table, literally. They don't have the lawyers and the human resources directors to police the immigration laws and don't know how to judge whether a green card is valid or not. They just don't have the expertise or resources to do that," he said.

The North Carolina Home Builders Association has been pushing for a guest-worker program that would give amnesty to illegals and allow the ones here to work legally while they obtain citizenship.

Vick says there should be a guest worker program again in the United States like the Bracero Program, which allowed Hispanics to cross over, work seasonally, and go back home and spend the winter with their families.

"We never had any problem with that. It allowed them to come here, work, and go back home, simple as that. As usual, the government got into it, wanted to fix it, and made it a lot worse," Vick said.

The Vicks are using about 90 Hispanic farm hands, to harvest tobacco right now.

Of those 90 workers, about 50 are through the H-2A Program and the other 40 Hispanics working there have legal documentation, "as far as I know," Vick said.

"Am I going to fire somebody because I suspect that he's not (legal)? No ma'am I'm not, because I don't want to get in that area of discrimination."


keeter@wilsondaily.com | 265-7817


ICE's IMAGE Program

What is it?

IMAGE (ICE Mutual Agreement between Government and Employees) is a new, voluntary program for employers offered by the U.S. Immigration and Customs Enforcement, or ICE, to ensure workers are legal. ICE was established in March 2003 as the largest investigative arm of the Department of Homeland Security.


What does it entail?

Companies must agree to a Form I-9 audit by ICE.

Companies must use the Basic Pilot Employment Verification program when hiring employees. This Internet-based system, which is free to employers and available in all 50 states, provides an automated link to federal databases to help employers determine the eligibility of new hires.

Companies must adhere to a series of best practices. These include the creation of internal training programs for completing employment verification forms and detecting fraudulent documents. (A full list of best practices can be found at www.ice.gov.)

Companies must arrange for audits by neutral parties and establish protocols for responding to no-match letters from the Social Security Administration.

Companies are also asked to establish a tip line for employees to report violations and mechanisms for companies to self-report violations to ICE.


What do employers get?

ICE will provide training and education to IMAGE partners on proper hiring procedures, fraudulent document detection and anti-discrimination laws.

ICE will share data with employers on the latest illegal schemes used to circumvent legal hiring processes.

ICE will also review the hiring and employment practices of IMAGE partners and work with them to correct isolated, minor compliance issues that are detected.