Why do you blame (read below before you answer) the employer?

Question

As an employer, I am legaly bound to verify a persons identity, social security number and work status (resident alien, green card, citizen). So, when I hire someone I ask for all of the documents to verify their status. I copy them all and put them in their job file. Many of these documents are bogus. How did they get them you ask? It is very easy. To prove my point, I went to Santa Ana, CA and found several open air stalls selling false ID and SS cards. Cheap too. $50 US. I called the local police and notified them of what was going on. They told me it was a federal issue. I called the FBI and was told is was an immigration issue. I called INS and was told that there were so many places like this that they would take a report but no other action would be taken.
So, my point is, why blame the employer, when he has no way of doing the job the federal, state and local authorities should be doing?

I would like to add that I am far from unique in the way I screen employees. I know many other small companies that do the same. It only makes good economic sense.

to scrcpt It would make no economic sense to have mutiple employes with the same SS number. There woud be NO cost saving for the employer. What you hear is simply propaganda

Answer 1

I would like to personally thank you for at least trying to do the right thing even though it didn't do any good.

We as the people only blame the employers that knowingly violate the law about hiring illegal aliens.

For example I have found numerous reports of employers having multiple employees with the same social security number. When the employer does his payroll would it not be obvious that these employees are using fraudulent identification?

When these types of flagrant intentional violations are ignored by the employer, they should be thrown in jail.

Answer 2

That is why that it has to be proven that you "knowingly" hired illegals before you are fined. I've read there is a new software available and the president has added 111 million to the budget to help employers identify illegals much quicker. Kudos for trying to be part of the solution. Too bad there are so many other employers out there that are not so honest.

Answer 3

This problem is bigger than simply you and one illegal employee. You can only do what you can do. If you accept these documents and the employee purports that they are legitimate, the crime of fraud is his and this is not on your shoulders. If the INS in particular and our society in general really wants to get serious about this issue, then the obvious answer is to put more resources into their enforcement efforts against places like the one you saw in Santa Ana.

Answer 4

Notify the news media. They love that stuff about passing the buck.
I don't blame employers who try to verify an employees credentials. This is the government's fault for not having something in place for employers' to use for verification.

Answer 5

I remember hearing on the news, that there's a number you can call to actually verify whether the person is LEGAL or NOT!!! They have some kind of database to check!!

If you've done everything you can to verify,and are STILL in doubt whether they are legal,then i would NOT hire them!!! The government in many states are RAISING the fines,for those caught hiring illegals!!!

And,like you said,there are so MANY fake i.d.'s,yet our government wants to allow ILLEGALS who have been here for five years or longer, to stay!!!! HOW can they TELL who's been here for five YEARS, or five MINUTES??? They can't!!
ALL ILLEGALS MUST BE DEPORTED!!!!

Answer 6

The employer is not legally responsible in that situation, unless it can be proved that the employer accepted the documentation , knowing it was false.
If he shows the copies of the documentation he is not at fault if the are fake.
The employee giving them would be.

Answer 7

In every case, the responsibility rests with those who are charged with enforcing our existing laws.

You are among the honest employers who are doing everything they can from their end to be in full compliance with our existing labor and wage laws. So, resuming the strict enforcement of those laws would not affect you one way or the other.

It would, however, affect those who:

1. Knowingly hire illegal immigrants and/or pay undocumented wages

2 Aid illegal immigrants in perpetrating frauds against honest employers (et al)

3. Smuggle slaves into the country

4. Hold slaves in "debt bondage" in our country.

In the situation you cite, you held up your end of the bargain (and then some) in your efforts to be in full compliance with our existing laws. It was the INS who dropped the ball by openly refusing to hold up their end of the bargain.

Answer 8

From what I understand, if an employee has made an attempt at complying with the laws and documenting citizenship, he is not responsible for forgeries. How would he know unless the forgeries were obvious fakes?

Answer 9

I applaude your diligence, but what I don't understand is what are you (the employer) being blamed for? Hiring illegal immigrants?

It sounds like you are doing what you are required to do, even going over and above.

Answer 10

I think the point is to blame the employers who don't do what they are supposed to do, like require SSN and ID

I don't think that anyone is suggesting strict liability for employers who hire illegal immigrants