In recent weeks the U.S. Immigration and Customs Enforcement (ICE) has significantly increased its efforts to prosecute employers who knowingly employ illegal workers. As noted by Janet Napolitano, Secretary of the Department of Homeland Security, ICE’s worksite enforcement program targets unscrupulous employers who prey upon illegal aliens by subjecting them to poor or unsafe working conditions or paying them sub-standard wages.
Why do employers break the law?
In a previous post we reviewed the significant penalties attributed to improper documentation of employees. So why would employers put so much at risk to seemingly save a few dollars? The answer according to ICE all boils down to two simple words: big money.
According to ICE, employers hire undocumented workers for reasons such as:
- obtaining a financial advantage over their competitors by paying lower wages
- offering few if any benefits
- failing to comply with tax laws
- avoiding health and safety related complaints
Improving the workplace, not fines.
Contrary to popular belief, the recent increase in ICE’s activities is not to create an additional revenue stream for the government agency. The following quote was made by Marcy Forman, Director, Office of Investigations, Immigration and Customs Enforcement in April, 2009:
However, we are not interested simply in a punitive approach to worksite enforcement. Our goal is an approach that incorporates compliance and prevention. To this end, ICE has established a robust industry outreach program, our IMAGE (ICE Mutual Agreement between Government and Employers) program. Since 2006, ICE has partnered with industry to provide “best practices,” training, and recommended tools industry can use to comply with worksite laws and requirements. Currently there are 46 IMAGE members, associates, and endorsees of the program. In FY 2008, ICE outreach coordinators in our 26 field offices made IMAGE presentations to more than 8,300 businesses. Based on our comprehensive strategy to address worksite enforcement, we believe that we are creating the conditions of a culture of industry compliance.
Don’t play dumb.
While the lure of saving a few dollars by avoiding taxes, benefits or offering lower wages may entice some employers to break law, may others are simply unaware of the federal requirements. As stated in the earlier post, the rules are complicated so often times employers will unwittingly violate the law. Government agencies are apt to work with an employer that exhibits a willingness to clear up their operations, only issuing fines for intentional, flagrant or repetitive violations.
If you or someone you know employs illegal workers, or is currently being audited by the DHS, please contact us immediately for assistance.
