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Undocumented workers could get bosses fined - Reply would be required to Social Security letters
San Diego Union - Tribune ^ | 8/15/06 | Hiram Soto

Posted on 08/15/2006 10:15:52 AM PDT by NormsRevenge

The federal government is considering new rules that would toughen laws against companies hiring undocumented immigrants.

The proposed regulations would require companies to respond promptly to letters from the government alerting them to discrepancies between the names of employees and their Social Security numbers, or else be liable for violating immigration laws.

Employers currently are under no obligation to respond to these “no-match” letters from the Social Security Administration; there are no criminal or administrative penalties. But if the new regulations are enacted, companies would be liable for having “constructive knowledge” of hiring undocumented immigrants – if they were to be audited.

Civil fines for hiring unauthorized workers would range from $250 to $2,000 per employee, and to up to $10,000 for repeat offenders. Criminal penalties would include up to $3,000 in fines and six months in prison.

The new rules, proposed by the bureau of Immigration and Customs Enforcement and the Department of Homeland Security, outline the time frame in which companies need to resolve the issue with their employees, from 30 to 90 days upon receiving a no-match letter.

The regulations state that after receiving a letter, a company would be required to verify the employee's information within 14 days. If the issue is not resolved, the company would be required to ask the employee to clarify the issue with the relevant agencies. If the matter is not resolved within 60 days, the company would be required to terminate the employee.

“It's what we've been asking for a long time,” said Lauren Mack, a U.S. Immigration and Customs Enforcement representative.

“This way, employers now have to tell us what's going on with the employee or risk serious consequences,” she said. “With this, it would be easier to prosecute.”

Mack said proposed regulations usually become official about a month after the public-comment phase, which ended last week. But she added each regulation is different.

The number of unauthorized workers detained nationwide and the number of companies prosecuted is small, though both have been rising in the past few years.

The number of work site enforcement arrests in fiscal 2005 was 382, although the agency didn't specify how many were related to employer sanctions. Meanwhile, the number of employees arrested on suspicion of being unauthorized was about 2,100, according to government figures.

In fiscal 2005, the federal government sent 8.1 million no-match letters to companies.

The original purpose of no-match letters was to notify employees that they were not receiving proper credit for their earnings. But in recent years the letters have been used as an indicator of a worker's immigration status.

Rubén García, a professor at the California Western School of Law in San Diego, said the regulations are an easy way for the Bush administration to take action against illegal immigration without consulting Congress, which remains deadlocked on the subject.

Federal agencies such as Homeland Security have the authority to enact regulations. Although Congress has the power to overturn such rules, it rarely does, García said.

Last month, the government announced a voluntary certification program, in which companies receive training in how to detect false documents, and make a commitment to verify the Social Security numbers of their employees, among other things. In exchange, they receive assurances they will not be targeted for raids.


TOPICS: Business/Economy; Crime/Corruption; Government; Politics/Elections
KEYWORDS: aliens; bosses; fined; ice; socialsecurity; undocumented; workers

1 posted on 08/15/2006 10:15:55 AM PDT by NormsRevenge
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To: NormsRevenge
Employers currently are under no obligation to respond to these “no-match” letters from the Social Security Administration; there are no criminal or administrative penalties. But if the new regulations are enacted, companies would be liable for having “constructive knowledge” of hiring undocumented immigrants – if they were to be audited.

It was my understanding that in the past, the problem was not that employers didn't reply to the letters. It was that Congress wouldn't allow SSA to send the letters out in the first place. (Maybe I'm wrong - that's how I heard it.)

2 posted on 08/15/2006 10:21:14 AM PDT by AppleButter
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To: NormsRevenge; sure_fine

In 16yrs of my seasonal business' operation, hiring up to 25 workers each spring, I've never had a 'no match' letter come back from the SSA. I'm very careful to vet all workers. Many in this area, aren't, and the ilegals can be spotted working on the crews, very easily.


3 posted on 08/15/2006 10:21:48 AM PDT by butternut_squash_bisque (The recipe's at my FR HomePage. Try it!)
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To: NormsRevenge
The federal government is considering new rules that would toughen laws against companies hiring undocumented immigrants.

They may be "considering" new rules, but the question remains, will they enforce them?
4 posted on 08/15/2006 10:23:06 AM PDT by Lucky9teen (Ask not what the government can do for you. Ask why it doesn't.)
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To: AppleButter

The new rules, proposed by the bureau of Immigration and Customs Enforcement and the Department of Homeland Security,

I'm shocked!


5 posted on 08/15/2006 10:27:34 AM PDT by sheana
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To: Lucky9teen

"They may be "considering" new rules, but the question remains, will they enforce them?"


I'd love to see them give a private cause of action against employers that do this. That would shut down illegal immigration tomorrow.


6 posted on 08/15/2006 10:43:06 AM PDT by linear (Nuance treats reality as a mere Rorschach test.)
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To: butternut_squash_bisque

"the ilegals can be spotted working on the crews, very easily."

how ?


7 posted on 08/15/2006 11:01:22 AM PDT by stompk
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To: NormsRevenge

I thought we already had a law that makes aiding & abetting illegal aliens a felony. (I had the law saved for easy access, but my puter crashed and I lost it).


8 posted on 08/15/2006 11:09:43 AM PDT by bjcintennessee (Don't Sweat the Small Stuff)
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To: NormsRevenge

Social Security Admin has already admitted they don't tell companies if they have hired illegals because they don't want them to fire the poor people


9 posted on 08/15/2006 11:17:40 AM PDT by GeronL (http://www.mises.org/story/1975 <--no such thing as a fairtax)
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To: stompk

How?

Just have a Fed or State car show up on the job site. If you ever wanna see a crew scatter like rats, just do that and stand back and watch. I've seen them jump 8 foot fences.


10 posted on 08/15/2006 11:51:09 AM PDT by crz
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To: stompk

Two weeks ago, I stopped and parked about a half a block away from one of the 5-man tree crews. One guy was doing 'lookout duty' at the state road, while the otehrs continued planting trees. I'd notice and hear him whistle, and the others would grab their water bottles and walk around to the backside of the truck. Sure enough, a police - local, regional, country or state - would be driving down the road.

The lookout would then go back to the tree pile, bury his face in the foliage like he was untying the ropes, and the police would pass by. He'd stand up and the others would come out from around the opposite side of the truck they were hiding behind.

Jumping to conclusions?

Same thing happened when vol firefighters screamed by in their personal cars w/ blue light flashing, and the fire equipment came by with sirens and lights.

These guys didn't get a lot of work done, what with all the ducking and weaving and hiding. I ID'd the place they work for and phoned it into ICE in Harrisburg.

ICE detained 17 illegals there yesterday, and shut down the nursery/ grower. They also have huge crews working the orchards in the southern part of Penna. I don't know what's going to transpire with the orchard labor, but every single large grower around here uses illegals by the truckload.

This won't even make a dent in the problem. They'll just bring in new workers as replacements.


11 posted on 08/15/2006 12:39:23 PM PDT by butternut_squash_bisque (The recipe's at my FR HomePage. Try it!)
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To: butternut_squash_bisque

awesome. wish there was a way to do this intentionally everytime i pass a building site. . .without getting arrested for impersonating an officer :-)


12 posted on 08/15/2006 1:06:42 PM PDT by stompk
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