Immigration Reform

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The issue of immigration reform is a hotly debated topic with so many facets to consider that they are not likely to be resolved anytime soon. One of the issues being debated is the impact on certain businesses if all undocumented workers were somehow eliminated from the work force. This is particularly true in Arizona where new requirements to electronically verify employment status were made effective January 1, 2008. Businesses in Arizona who fail to follow this new mandate will face the loss of their business license 먹튀검증. If all undocumented workers were somehow eliminated many food and beverage outlet would be seriously impacted and face a shortage of workers. Construction laborers would be another group that would be another group that would be affected. And everyone knows that our farms that grow fruit and vegetables would likely grind to a halt if they did not have access to migrant labor. On the other side of the argument though, many people would content these businesses should not have the ability to generate profits from using lower priced labor that they know is probably not legal and may be displacing Americans from jobs. These people would want these workers removed from the country immediately. Their foes would argue that the economic impact would be severe and intolerable. It’s not a debate that will be easily resolved.

Another issue that is hotly debated is whether there should be an amnesty program. One camp argues that this is an effective way to correct the issue and give the millions of undocumented workers a chance to become legal residents and workers. They would point out that this would be helpful to the tax system as it would eliminate a great deal of the underground economy and capture much more tax revenue. Others would question the fairness of this action to all the immigrants who followed the correct process and are legally in this country. They would also point out that amnesty would increase the flow of immigrants across the border illegally as they would expect their chance at amnesty too. So for them, a border security system that stops the continued flow of illegal immigrants from entering the country a necessary precondition before any o the existing undocumented workers are dealt with. Again, this will be a difficult issue to resolve.

What penalties does an employer face for I-9 violations?

Employers can face stiff penalties for ICE violations that include substantial fines and debarment from government contracts. Penalties can be imposed for hiring unauthorized workers as well as simply for committing paperwork violations even if all workers are authorized to work. Fines for hiring unauthorized workers will amount to anywhere from $250 to $5,500 per workers depending on the prior history of violation. Employers can also be barred from competing for government contracts for a year if they knowingly hire or continue to employ unauthorized aliens. Paperwork violations can result in significant fines. Each mistake or missing item on a form can result in a $100 penalty up to $1,000 for each form. A missing form would automatically be assessed at $1,000. An employer, for example, that had 100 employees and did not complete I-9 Forms might face a $100,000 fine. ICE investigators have considerable discretion in assessing fines and will look at factors like the size of the company, the seriousness of the violations, whether the employer was trying to comply in good faith and the pattern of past violations.

Employers should also be cautioned that knowingly accepting fraudulent documents from employees is a different kind of violation that can be criminally prosecuted under other immigration laws.

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