Government goes after identity fakers
http://www.ajc.com/news/content/news/st ... _0811.html
By EUNICE MOSCOSO
The Atlanta Journal-Constitution
Published on: 08/11/07

Washington — The Bush administration on Friday announced a broad crackdown on illegal immigration, including increased fines or criminal prosecution for companies that hire illegal workers.

The rules drew heavy criticism from immigrant advocates, labor unions and business groups. But they received cautious praise from conservatives, who have long advocated using existing laws to crack down on undocumented border crossers.

Under the new rules, a company that ignores warning letters about employees with potentially fake Social Security numbers could be fined up to $10,000 per employee or face criminal prosecution.

Homeland Security Secretary Michael Chertoff said the fines would increase by about another 25 percent and that the number of investigators would also go up.

"The magnet that brings most economic migrants into this country is work. And if we have work site enforcement directed at illegal employment, we strike at that magnet," he said at a news conference.

President Bush said in a statement that the administration was acting after Congress failed this year to pass a White House-backed measure that would have created a guest worker program and given illegal immigrants a path to citizenship.

"Although the Congress has not addressed our broken immigration system by passing comprehensive reform legislation, my administration will continue to take every possible step to build upon the progress already made," he said.

Businesses faced with having to fire thousands of workers are likely to increase pressure on Congress to pass such reforms.

In a session with Spanish-speaking reporters after the news conference, Commerce Secretary Carlos Gutierrez said he hoped the enforcement measures would convince people that broader immigration reform is necessary.

"There is no doubt that there are people suffering only because they want to work," Gutierrez said in a somber tone. "The only solution is to reform the law."

Gutierrez also said that to lessen the impact on businesses, the administration would streamline and improve temporary visa programs that allow foreign workers to come to the United States for agricultural and other seasonal jobs.

Under the new employer regulations — which go into effect in one month — employers who receive so-called "no-match" letters that identify discrepancies in a worker's tax records will have 90 days to resolve the problem.

The reason could be a clerical error or a name change because of marriage, but such irregularities often suggest the employees may be using a phony Social Security number to qualify for work.

If legal status can't be confirmed within 90 days, the employee must be fired.

"These guidelines will make it more difficult for illegal aliens to use a fraudulent Social Security number to get a job, and will help employers take appropriate action to protect themselves," Chertoff said.

Chertoff also announced that the Bush administration will eventually require government contractors to use an employment system called E-Verify that helps them verify whether an applicant or employee is in the United States legally. He said it soon will include a feature to let an employer check photos on an employee's documents against 14 million images in Department of Homeland Security databases.

The system — previously known as Basic Pilot — is currently voluntary. Requiring contractors to use it involves changing federal rules on contracting, which could take months, Chertoff said.

The administration also announced several border enforcement measures. By the end of 2008, it said, it will have 370 miles of fencing along the Mexican border, 300 miles of vehicle barriers, 105 camera and radar towers, and 18,300 Border Patrol agents.

The Department of Homeland Security also announced plans to reduce the number of documents acceptable for employees to confirm a worker's identity and to expand the list of organized gangs from foreign countries to ensure their members are not allowed to enter the United States.

The Agriculture Coalition for Immigration Reform, which includes 300 agriculture business groups from around the country, said the department is offering "Band-Aid" solutions that will not fix the problem.

"Agricultural employers are desperate for a legal work force for the current harvest season. Farm workers cannot suffer another year living in the shadows of our society," the coalition said in a statement.

Rep. Brian Bilbray (R-Calif.), who chairs the House Immigration Reform Caucus, said he is cautiously optimistic about the new efforts. "Ultimately, the devil is in the details, but if the administration follows through with the promises they are making today, we can demonstrate to the American people that we are finally getting serious about addressing illegal immigration," he said.