Immigration Issues: Strict Enforcement of Immigration Laws on the Horizon as Government is Destined to Continue Comprehensive Legislation Reform Battle

New Jersey Business, Jan 01, 2007 by Birritteri, Anthony

Many immigration experts stress that with accounting issues and the passage of Sarbanes-Oxley, the government is going after executives and holding them liable even on immigration issues.

With the strict enforcement of immigration policy on the horizon, what can a business do to shield itself against liabilities?

"I advise employers to start using the Social Security verification system as soon as an employee comes on board," says Whitlock. "Make sure the Social Security number matches (the name). If it doesn't, don't hire the person because it's a tell-tale sign that he or she is illegal. Statistics reveal that 96 percent of the people on Social Security mismatch letters are not legal.

"Second, I encourage all employers to get their I-9 forms in order as soon as possible and conduct a self audit. Finally, if the business works with contractors, put something in writing that requires contractors to certify they are in compliance with the law," he says.

Adds Nachman, "The watchword is due diligence. Don't accept (documents) at face value check into things to make sure they are what they are."

Re-verifying an entire company's workforce however, may be costly. "The problem is employers are going to have to be the ones to possibly implement the new verification processes, which means additional paperwork and human resources allocations ... . That is going to play into a business' bottom line," says Teresa Garcia, an associate at the law firm of Hoagland, Longo, Dunst & Doukas in New Brunswick.

"In the long run, immigration law and reform will have a big impact on individuals and businesses in New Jersey," Garcia continues. "What I would suggest to anyone who feels the pending immigration law will impact them is to take an active interest when the debate starts ... What gets passed is going to have a major impact on the way day-to-day business is conducted in New Jersey."

A Snapshot of Undocumented Workers in the U.S.

There are an estimated 12 million illegal immigrants in the U.S., accounting for one in every 20 workers, according to a report by the Pew Hispanic Center.

Illegal immigrants fill a quarter of all agricultural jobs, 17 percent of office and house cleaning positions, 14 percent of construction jobs and 12 percent of food preparation jobs. Mexicans make up about 56 percent of illegal immigrants. Twenty-two percent come from other Latin American countries, mainly Central America. Thirteen percent are from Asia, while Europe and Canada combine for 6 percent.

People who illegally enter from Mexico are staying longer because it's now harder to move back and forth across the border due to tighter security measures.

The Office of Immigration Statistics, within the Department of Homeland Security, estimates there were 8.5 million illegal immigrants living in the country in January 2000. By January 2005, that number increased to 10.5 million, growing at a national average of 408,000 a year.