Q&A WITH VANCE WINNINGHAM - Obama shifts immigration focus to employers, not individuals

The Oklahoman (Oklahoma City, OK)
July 15, 2009 Wednesday
PAULA BURKES, BUSINESS WRITER

Q: What is the new direction the Obama administration is taking to combat illegal immigration?

A: It redirected the priority of the Immigration Customs and Enforcement Agency (ICE) from apprehending illegal workers to prosecuting their U.S. employers. President Obama's choice to head ICE, John Morton, vowed in his confirmation hearings to "vigorously pursue" civil fines against employer violators. He didn't waste any time making good on his vow. On July 1, ICE announced it was issuing Notices of Inspection to 652 businesses nationwide - more than ICE issued throughout all of last fiscal year.

Q: Wasn't the Bush administration also going after businesses employing illegal aliens?

A: They were, but to a much lesser extent. Mr. Morton testified the Bush administration didn't exact any civil penalties from employers in 2005 and 2006, compared with $25 million imposed as recently as 1996. The Obama administration this year has imposed $2.3 million in civil fines against employers. Mr. Morton also indicated the administration plans to eventually require mandatory use of the online government E-Verify database to enable employers to check the immigration status of new hires.

Q: Won't employers who use the government E-Verify system to verify the status of their employees solve their future problems in this area?

A: It could for future hires, but it is still in the pilot program stage and only a very small percentage of employers are now using it. Congress is considering making E-Verify mandatory but many experts think doing so without first enacting comprehensive immigration reform is unworkable. There is also concern among minorities this renewed enforcement focus of "targeting unscrupulous employers rather than the people they hire," will force some employers into violating anti-discrimination laws in their rush to avoid prosecution under existing employer sanction statutes.

Vance Winningham
Founder of Winningham & Stein

http://www6.lexisnexis.com/publisher/En ... 02&start=4