IS DHS "TARGETING EMPLOYERS"? PDF Print E-mail
Floral Industry Legislative Issues - Immigration Reform
Earlier this week I received an e-mail from an SAF grower member. The e-mail and my response follow:

"Lin, I hope you are well. I was reading on AlterNet.org that the Dept of Homeland Security aims to shift the focus on workplace enforcement [for undocumented workers] from employees to employers. I now remember why I quit following politics several years ago. Two words - "failed promises". I voted for Obama thinking he would bring a fresh approach to issues. But with his union support, I shouldn't be surprised. I know you, Jeanne & the SAF staff will keep lobbying for a workable program. Regards..."

My response:

"Hi, and thanks for continuing to follow politics -- don't give up yet ! If there ever was an issue where we need to work together, immigration reform is going to be the one! We absolutely must get past the 'far left vs. far right' labelling and move forward.

"As to the enforcement issue -- we are not completely sure how this Department of Homeland Security "shift of focus" will play out. They have indeed said very clearly that they want to spend time going after employers -- but are also specifying that there should be a clear intent to "knowingly" hire illegals, rather than just doing random workplace raids. Have a look at the actual announcement from DHS.  

"Interestingly, the New York Times ran an article, also attached, which refers to statements made by DHS officials that "Under the Bush administration ... most raids were conducted largely on the basis of tips that an employer was hiring illegal workers, rather than on information gleaned from audits of employer records or undercover investigations."  

"So in this environment, it does appear that DHS will try to target employers who "knowingly" or "intentionally" hire undocumented workers and/or "abusive" employers. But DHS has also said recently that the best defense is to be in full compliance with the I-9 process, because there is likely to be added emphasis on auditing -- which could of course trigger further investigations and raids. And if (as has recently happened) workers are given temporary documented status so that they can act as witnesses in a court case, then there might be the risk that the language problem or fear of authority could lead them to say or imply that the employer knew they were illegal.   

"All of this, of course, makes careful recordkeeping absolutely essential. As you well know, as an employer you are required to accept documentation that appears valid. Make sure the I-9 forms are completed, and kept on file. And if the "No-Match" rule is finalized, or if "E-Verify" becomes required before it's up to the task, there is no doubt whatsoever that agriculture -- and many other segments of our economy -- will be without workers. Congress really must pass immigration reform -- we have too many undocumented workers contributing to our economy and it's ridiculous to pretend that we can just send them home.

"Bottom line: yes, the Obama administration is going after employers, but we'll have to see how these new guidelines are actually implemented. I also think President Obama will hold to his promise to back comprehensive reform. We, in the agriculture community, need to continue to counter the anti-immigrationists' arguments, and try to win over those congressional representatives (and citizens) who are still "undecided" or "uncommitted" to move this effort back to the middle. AgJOBS will be a good first step.

"And along that line, I DO have some GOOD NEWS: AgJOBS was introduced this Thursday, May 14 -- in both the House and the Senate. Go to www.safnow.org and click on "Write to Congress" to send a letter to your senators and representative urging them to join as co-sponsors.  And if you are interested, how about doing an Op-Ed or Letter to the Editor for your local papers, explaining that this is an important economic issue for U.S. agriculture, and for our economy as a whole?

"Best to you, and thanks for the note!"

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