Employee identity 'no match' letters serious, immigration lawyer says
Tuesday, May 27, 2008
ROY L. WILLIAMS
News staff writer

An immigration lawyer told Birmingham businesses they must take seriously "no match" letters regarding employees the federal government believes may be working illegally in the U.S.

Robert Divine of Chattanooga, who heads Baker Donelson's immigration practice group, led a workshop in which he said many employers across the country get in trouble by ignoring or failing to respond quickly enough to "no match" letters sent when Social Security numbers used by workers don't match those on file with the Social Security Administration.

The Department of Homeland Security is cracking down on illegal immigrants who use fake federal documents to work in the U.S. In many cases, it is holding businesses who employ them accountable, Divine said. "Many employers ignore `no match' letters, saying it is an employee's problem," he said. "If you get a letter and an employee turns out to be illegal and you did nothing about it, the government will hold you accountable."


The federal government used to fine companies found to employ illegal aliens. But Divine said federal authorities now feel businesses will respond better to threats of criminal charges.

Arrests by Immigration and Customs Enforcement agents for criminal violations have surged from 24 in 1999 to 716 in 2006. That number has already been surpassed at 742 criminal arrests since the beginning of the last fiscal year, he said.

"There is anecdotal evidence that companies are taking notice and adjusting their business practices to follow the law," Divine said.

Jay Reed, who chaired the Joint Patriotic Immigration Commission that issued immigration reform proposals to lawmakers earlier this year, said the federal government is taking steps such as a new e-verify system to help companies better track workers.

"The government is working closer with businesses to not hold them accountable for a system that is broken," said Reed, president of Associated Builders & Contractors in Birmingham.

As Hispanics become a growing part of the state's construction labor force, Reed said ABC has a legal assistance program that helps contractors ensure compliance. "We've seen some area general contractors go from a 20 percent Hispanic work force to, in some cases, 50 to 52 percent or more Hispanic," Reed said.

E-mail: rwilliams@bhamnews.com

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