rssThe business case against E-Verify (and immigration enforcement of employers)
Monday, November 15, 2010 at 9:34 am
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The Obama administration says it has stepped up immigration enforcement at workplaces through quiet audits of company personnel paperwork to catch a record number of employers who hire illegal workers. Advocates of E-Verify, a program that checks the immigration status of workers before or after they are hired, argue that it could significantly cut the number of undocumented immigrants in the workforce.
But many businesses don’t want to use it — partially because it keeps them from hiring illegal workers, the Fresno Bee reports:
The program has run into strong opposition from business groups that say it creates an administrative burden. But experts say the real reason is that E-Verify makes it harder to hire illegal workers.
Manuel Cunha, president of the Fresno-based Nisei Farmers League, an association of agriculture businesses in the Western United States, acknowledged as much.
“It may work for Costco, but Costco doesn’t have the problem I have” – a shortage of legal residents willing to work in agriculture, he said. [...]
Farmers say they’d rather have a legal work force but need to hire illegal immigrants. Without them, crops would rot and competitors who do hire illegal workers would have an unfair advantage. In the end, they say, it’s the government’s job to make sure their work force is legal.
“We don’t want to be in the role of playing police officer – that’s not something any of our businesses should have to do,” said Ryan Jacobsen, director of the Fresno County Farm Bureau.
The program is free, and the government already requires many contractors to use it. Republicans may push for a nationwide expansion of the program during the next legislative session, when they will have more say on immigration legislation in the GOP-led House.
The problem: It may be possible to pass a bill requiring businesses to use E-Verify, but Congress is extremely unlikely to pass any measures to change the legal status of the estimated 11 million illegal immigrants already in the country. Advocates of visa reform, including agriculture producers, argue the government should give more visas to workers in certain sectors that Americans typically stay out of, such as migrant farm work. Numerous studies have confirmed that illegal immigrants don’t “steal” American jobs — at least broadly — although some may be hired over American workers in certain sectors.
The AgJOBS bill, which would revise the current farm worker visa system and allow some undocumented farm workers to gain legal status, is one proposal to allow current illegal workers to stay in the country if there is demand from employers. But as referenced in the Fresno Bee piece, there are a number of other industries where employers claim they need to hire undocumented workers.
Grisella Martinez, director of policy and legislative affairs at the pro-reform National Immigration Forum, told TWI that mandating E-Verify could significantly harm the economy if it weren’t coupled with some type of legalization program. “Numerous government reports have all pointed to the fact that to mandate a program like E-Verify without legalizing the workers who are already in our economy would be absolutely catastrophic,” she said.
Still, the government remains committed to cracking down on employers who hire illegal workers — partially to cut down on exploitation of foreign workers — despite the lack of visa reform or other legalization bills.
Government enforcement efforts are decreasing the number of companies that hire workers illegally, according to Immigration and Customs Enforcement. The Boston Globe reports that ICE arrested a “record-breaking” 187 employers last year for hiring undocumented workers after audits of the companies’ employment forms. In some cases, this led to the businesses signing up for E-Verify on their own.
But the employers quoted in the Globe piece voice similar frustrations to those in California about the crackdown. “It’s true from California to Maine: Farm businesses cannot get workers, and we need [agricultural] jobs,’’ Edward Flanagan, chairman of the American Frozen Food Institute, told the Globe. “Meanwhile, we are stuck in neutral. It’s a terribly polar subject, and business is caught in the middle.’’
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Comment posted November 15, 2010 @ 3:15 pm
Force all employers to use E-verify. Implement it over a five year period, starting with the largest employers first. As for the farmers, let the crops rot on the ground. I say, call their bluff. They have complained about labor, since slavery was out lawed.
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Comment posted November 15, 2010 @ 3:27 pm
The problem of enforcing laws that have been ignored by law enforcement for decades is that someone has to be first to receive notice and someone will be last. The trick is to do it quick. Industries that break laws always offer self serving nonsence that any law that has been ignored for ten plus years cannot be enforced in any less than ten years. Offer them ten years in prison and see how fast they can comply.
Comment posted November 15, 2010 @ 3:32 pm
Magyart: The result of slavery being abolished was that inventers have turned the productivity of farm labor up a thousand times over hand planting, picking. Give them back their slaves in the form of illegal aliens and inovation goes out the window.
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Comment posted November 16, 2010 @ 6:35 am
No single elected official is truly serious about immigration enforcement unless and until they help make E-Verify mandatory to check all jobs in the US. It is obviously businesses don’t want to use it because it works! Businesses should be given 1 year to check all existing employees, and new hires need to be checked immediately.
There is no logical reason why enforcement only works if accompanied by amnesty. In fact, as we have seen, the one-time only legalization program of 1986 delivered only the amnesty and not the promised worksite enforcement.
Without E-verify being mandatory, any workplace audits are a series of musical chairs for the illegal employees, who move on to other worksites.
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Comment posted November 16, 2010 @ 2:01 pm
Please remember independent contract work is exempt for the I 9 and its provisions to prove right to work so we need a reform of the I 9 so that all work comes under its provisions.
We dont want illegals to be able to work in any industry!
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Comment posted November 16, 2010 @ 2:02 pm
I work in the payroll profession and I am pretty well connected with other payroll professionals through the American Payroll Association. We use the E-verify on a volunteer basis. This is just incorrect where employers don’t want to use it. That hasn’t been the case for any employer I ever worked for and those of my other payroll contacts. There is also an easy way to check current employees. That’s the first thing I do when I start a new job. Then I put the process in place to verify the new hire information.
There was one instance that I found an illegal alien and requested to see her original social security card and other id. She disappeared. Probably to go work for another company that did not use E-verify. If the E-Verify process was mandatory, it would be harder for her to find another job, and in turn curb the people crossing the boarder.
In addition to illegal aliens breaking the law to get here, they would be breaking another law “Identity theft” in order to work here. So those that tell you illegal aliens are law abiding citizens don’t realize they are also committing fraud in order to work here. Even if the company doesn’t use E-Verify, they still require legal identification through the I9 form.
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