Sep 14, 2007
Government Clamps Down on Employers of Illegal Workers

Tighter enforcement of immigration laws announced in early August probably came late enough in the year so as not to disrupt the fruit and vegetable harvest in the northern United States this fall, but will probably cause grief for vegetables and citrus in Florida, Texas and California this winter.

“It will hit Florida and Texas first, but the northern U.S. will probably squeak by this year,” said Sharon Hughes, executive vice president of the National Council of Agricultural Employers, reacting to the Aug. 10 government announcement of a crackdown.

That day, Homeland Security Secretary Michael Chertoff and Commerce Secretary Carlos Gutierrez announced a series of “reforms” the Bush administration will pursue to address border security and “immigration challenges.”

A key change affects employers who receive “Social Security no-match letters.” They will have 90 days to address discrepancies in a worker’s tax records and fix them or fire the worker whose documents don’t measure up. In addition, fines on employers who violate the law will be increased, especially for those who knowingly employ illegal aliens.

They also said steps will be taken to address the problems associated with the H-2A and H-2B visas.

“No sector of the American economy requires a legal flow of foreign workers more than agriculture, which has begun to experience severe labor shortages as our southern border has tightened,” the secretaries said in a fact sheet. “The President has therefore directed DOL (the Department of Labor) to review the regulations implementing the H-2A program and to institute changes that will provide farmers with an orderly and timely flow of legal workers, while protecting the rights of laborers.”

The H-2B visa program, which is used to obtain seasonal workers in industries like hospitality and landscaping, will similarly be “streamlined.”

The Council of Agricultural Employers had lobbied Congress hard for immigration reform and said “regulatory reform of temporary worker programs is a poor substitute for legislative reform.”

The fact sheet released by the secretaries contains a mixed bag of 26 items, and starts with tough words about the administration’s intention to enforce enlisting law – in the absence of immigration reform measures from Congress. By the end of next year, new border security measures are to be in place – including 18,300 new border patrol agents, 370 miles of fencing, 300 miles of vehicle barriers and 105 camera and radar towers.

The “catch and return” policy will be maintained. Illegal aliens caught at the border will be returned, and funding will be increased for detention beds able to hold 31,500 until they can be returned. Pressure will be put on “recalcitrant countries” to take back their citizens.

There will be a crackdown on aliens who overstay their visas,

Training will increase for local government officials so they can address illegal immigration in local communities.

Currently, employers are required to accept, in filling out I-9 forms, some 29 different documents as evidence of identity and work eligibility of employees. The “insecure documents” will be weeded out and this number reduced, the secretaries said.

Homeland Security will raise the civil fines imposed on employers who knowingly hire illegal immigrants by approximately 25 percent.

“The magnet that brings most economic migrants into this country is work. And if we have worksite enforcement directed at illegal employment, we strike at that magnet,” Chertoff said.

“Efforts to secure the border will fail unless the magnet that attracts illegals is turned off,” the fact sheet said. “Unfortunately, the fines for relying on illegal workers are so modest that some companies treat them as little more than a cost of doing business. DHS will use existing authority to update civil fines for inflation in order to boost fines by about 25 percent, as much as is allowed under current law.

“The administration will continue to expand criminal investigations against employers who knowingly hire large numbers of illegal aliens. Arrests by U.S. Immigration and Customs Enforcement for criminal violations have increased from 24 in FY 1999 to 716 in FY 2006. There have been 742 criminal arrests since the beginning of FY 2007.”

The administration will commence a rulemaking process to require all federal contractors and vendors to use E-Verify, the federal electronic employment verification system, and will “seek voluntary state partners” willing to share their department of motor vehicles photos and verify work in the United States.

The administration said it will reform and expedite background checks for immigration.

On the gentler said, the secretaries said the Office of Citizenship will issue, in September, a revised, fairer naturalization test, emphasizing “fundamental concepts of American democracy, basic U.S. history, and the rights and responsibilities of citizenship. It will inculcate the basic values we share as Americans, and encourage civic knowledge and patriotism among prospective citizens.”

In October, the Office of Citizenship will introduce a web-based training program that covers U.S. government, civics education, and the naturalization process and help improve the ability of citizenship instructors and volunteers to teach American history, civics, and the naturalization process to immigrant students. An on-line training module will also be available by the end of the year.

The Department of Education will launch a free, web-based portal to help immigrants learn English.


Tags: ,


Current Issue

VGN April Cover

Insect Eavesdropper allows growers to “hear” what’s happening in fields

Managing wildlife on the farm

Southwest Florida’s Worden Farm manages challenges

Pennsylvania Vegetable Growers Association says farewell to leader

Southeast Regional Show recognizes leaders

Veg Connections: Biopesticides and beneficial insects

Business: Why do most succession plans fail?

60 years of advocating for agricultural employers

Keeping CSA members engaged and loyal

see all current issue »

Be sure to check out our other specialty agriculture brands

produceprocessingsm Organic Grower