In the past month, the immigration debate has reached a fevered pitch, polarizing individuals into those who support measures such as Arizona's controversial immigration law and those who condemn it as illegal. The Arizona governor and members of its legislature have long stated that they had to act because the federal government has failed to pass a comprehensive immigration law and help Arizona close its porous border. While that issue garners attention, employers may be surprised to learn that the Obama administration has quietly begun implementing a new immigration strategy that targets employers who hire illegal immigrants.
Recently, Michel Malecot, a high-profile restaurant owner in San Diego, was indicted on 12 felony counts of knowingly hiring illegal immigrants when federal authorities raided his eatery and discovered a staff of illegal immigrant workers. If convicted, he could face a maximum of five years in prison, a fine of $250,000 per count, and the federal seizure of any property that was used in the perpetration of his alleged crimes.
Obama's strategy stands in contrast to that of the Bush administration, which conducted work-site raids that targeted employees rather than employers. Although thousands of illegal workers were prosecuted, few employers were held accountable for their hiring practices and new illegal immigrants replaced those who were deported.
The Immigration and Customs Enforcement Agency believes that targeting individual cases in every state throughout the nation will send a clear message to employers. In the past nine months, 65 employers have been arrested and 109 companies have been fined a total of about $3 million. The government has also notified more than 1,600 companies nationwide of plans to audit their records, and has already begun hundreds of inspections.
Although experts say that it is too early to determine whether Obama's strategy will work any better than the one employed under President Bush, targeting high profile businesses like Malecot's may have been a wake up call to many employers. Approximately 1,400 new businesses each week join E-Verify, a voluntary electronic program that checks whether new hires are authorized to work in the United States. Currently, about 17,000 employers in California and 204,000 nationwide are enrolled.
Employers should take heed of the Malecot case. With the stricter enforcement of immigration laws that target hiring practices, employers face criminal and financial liability.
