http://www.mdjonline.com/articles/2006/ ... 213868.txt

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."