DHS Shifts Worksite Enforcement Strategy to Employers, Not Illegal Workers

A few years ago while on a business trip at a convention I was asked an interesting question by a friend who owns a company. 

“What happens if I have undocumented workers working at my company?”

Back then as was often the case with owners of small businesses they have a position to fill, it requires manual labor, isn’t a glamorous position, or there isn’t profit enough to pay higher wages and the company doesn’t get any applications from potential employees eligible to work in the U.S.  So they hire the people who are willing and able so they can keep their doors open and produce the product.  

It turns out my friend employed workers who lived in the U.S. but didn’t have proper documentation to work in the U.S.  They had been working for some time and appeared to be the only option for my friend as he’d attempted to hire citizens but no one responded.  Or so the story goes. 

As I mentioned this wasn’t an uncommon occurrence the fact is his competitor down the street was doing the same thing. 

So back to the question; this was the time before the DHS (Department of Homeland Security), back then being found with form I9 violations (undocumented workers) would result in administrative fines.  I explained this and my friend quickly calculated the exposure and said “I can handle that I’ll just put the money in an account and keep on working”.   I told my friend that although that was a tactic it wasn’t the best course of action and that the laws certainly would be changing and that he should take steps now to hire documented workers.   We finished our conversation and parted.  The next day we both flew back to our homes, it would be a little over a year before we would see each other again.

During the following year the laws changed as expected and the DHS was now tasked to address immigration and worker eligibility.  Along with the change were stiffer fines and consequences that included jail time for violations of the act. 

I saw my friend again at the convention the following year, when I asked him how it was going he told me he fired all the undocumented workers.  I asked what changed his mind and his response was.  “The DHS raided my competitors business, it was all over the news both paper and TV, when I saw that I knew I didn’t want to be that guy, the next morning I told my undocumented workers they had to go.   I’m glad I did because the next week there was an article in the paper the owner of the [my competitions] business was being charged with criminal charges for hiring “illegal workers” they took his business and his home.  That really scared me”.

My friend was lucky he took care of the issue before it took care of him.  Take a look at your workforce if you have undocumented workers you need to take action and correct the issue.  If you need a bit more motivation then simply look at the actions proposed by the DHS secretary Janet Napolitano, “the agency will focus on renewing a priority on employers who are making money off of these illegal immigrants and giving them jobs that should be going to American workers” she further said What I want to do is deter more employers from intentionally and knowingly hiring illegal workers.” 

As of April 2010, Effective immediately, ICE will focus its resources on the criminal prosecution of employers that knowingly hire illegal workers.

Do your friends a favor and let them know the issues so they too can protect their business.  

Until next time

Always at your service,

Rick Matthews

 We help business owners increase profits, solve employment problems, reduce employer liabilities and protect valuable assets thru outsourcing.  www.primaryhroutsourcing.com