There are many sides to things when it comes to employment, especially when it involves illegal immigrants. I believe the current employment verification system is fair to some, but not to other employers. I want to believe that employment verification system was made with good heart in mind. Lawmakers intended this to control the flow of immigration and also promote job creation. But nothing is perfect, and I would like to highlight some items that can happen under the current employment verification system.
The current employment system is the E Verify system, “the system allows the employer to enter the employee’s name and Social Security number in a government Web portal to be compared with databases at department of homeland security and the social security administration” (John).
In 1997, Swift volunteered to be one of the first companies to use this program to redeem its image. The system seemed offered quick verification and has grown where it is now “mandated by federal contractors and 23 (book says 12, but it’s not 23) states require its use by some or all business” (John). The system is compared to a drug test and it is a reliable form of confirmation tool for eligible workers.
The current employment verification system is a fair tool for some employers, such as companies that does not require labor, since they don’t usually employ illegal immigrants (Examples would be a insurance or a banking company). However, company owners like Marcelino Garcia, who uses E-verify stated that he had hard trouble finding kitchen help. There are numerous companies that employs hard labor jobs like cherry picking who can’t find any workers either. This is mainly due to the fact that people with the proper documents wouldn’t want to work in places that require too much labor. Most of these jobs are picked up by illegal immigrants without the proper requirements, which then brings legal issues to the people who employs them.
Not only is this an issue for employers in a particular field, but it may affect the economy around them. Companies will be either forced to raise the price of its goods and services to compensate for the high salary that’ll be required to employ people who are attracted to large income or barely earn any income for themselves (which means less jobs for particular field like cherry picking). On the other hand, they can choose a cheaper method to produce the goods and services, but the quality will go down and eventually we’ll be stuck with poor quality goods and services until few oligopolies are left to control the market. This is too much things to consider and can come at a high cost. There is also the factor that if the company is located in a city with lot of illegal aliens, they’ll be forced to close down because there won’t be any employees, which can then affect the other companies around it, since the illegal immigrants will either go somewhere to spend their money or won’t spend the money they earn on other products and services to save the money until they figure out what to do.
When company knowingly hires unauthorized alien, it can receive multiple civil fine and can even face time in prison. This is the reason why companies use E-verify and Form I-9 to protect themselves and the company. Having too much punishment does indeed decrease the amount of illegal alien getting employed, but it also raises discrimination. After the passage of 1986 immigration law, many companies began to exercise great caution, which caused a rebound.
When companies discriminate, they also face legal actions as well. Discrimination can violate civil rights, and you can be sued by the justice for pattern of status discrimination. In 2002, a companies have been sued for 2 million USD by the department of justice and Swift ended up paying a settlement of 174,088 USD. (John). Most companies that have been reprimanded are companies that include hard labor. The current employment system is well structured, but there can be some things that can be done to particular business that handles hard labor. Laws and regulations can be altered and can promote a better economy, and I believe that the current employment system is fair to some but isn’t for the other.
I believe that company owners like cherry picking require a better employment system, because they have more trouble in making sure that the person isn’t illegal even with the current E-verify. However, company owners like banker can easily put certain requirements like degree required and must be bi-lingual to easily cut down potential employees, since they already have a lot of people submitting applications. E-verify have multiple errors and isn’t perfect yet and they’re pushing to be used all over the country. We need to come up with a better method, by promoting technological advancement by private companies. If not, this will soon require all American employers to ask the federal government for permission to employ workers. This might and can cause a negative side effect.
Negative side effects are already in work. People will always try to find a way out if there are regulations preventing them from doing particular things. There is identity theft to by-pass and frauds to avoid. This creates new regulation to be created upon olds ones. For example, NEVA and BELIEVE has been released in recently to include biometrics, “a network of government-certified private sector companies that would authenticate a workers’ identity through a biometric identifier like a thumbprint.” (Lynden). However, I believe that the federal government will do its best to generate better employment system and will adjust it so it will be fair for all employers along with the private sectors while generating low illegal employment rate.
Specific strategies I would recommend would be to hire a public relations firm to start lobbying
the federal legislatures to allow more immigrants to legally enter the country through the visiting
worker visa program, also known as the H1B program. The employer can sponsor the worker and their family for a specified length of time. They might also lobby for an amnesty bill like in 1986. If
the worker has been in the United States for a long period of time without any trouble with the
law, and has put down family roots, then they would be given amnesty on their path to
citizenship. The biggest recommendation would be to follow all of the employment laws and
since they were part of the original pilot E Verify program they should not have a problem
following the laws. These strategies would help them attract and retain more workers legally but
would also show the law makers that they were serious about working within the legal system
when doing business.
References Cohn, D. (2015, 09 30). How U.S. immigration laws and rules have changed through
history. Retrieved from www.pewresearch.org:
John F. Steiner, G. A. (2016). Business, Government, and Society; A Managerial
Perspective Text and Cases. In G. A. John F. Steiner, Business, Government,
and Society; A Managerial Perspective Text and Cases (p. 581). New York:
Lynden D. Melmed, (2011). Immigration Update: The Future of Employment Verification. Retrieved from www.immigrationworksusa.org: http://www.immigrationworksusa.org/uploaded/Melmed%20options%20paper%202-11.pdf