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  1. To tackle illegal immigration, go after the employers. By Nolan Rappaport

    © Getty

    The job magnet is making it impossible to secure the Southwest border. The availability of jobs in the United States attracts immigrants who need work and are willing to do whatever they have to do to cross the border.

    Congress tried to eliminate the job magnet by establishing employer sanctions with the Immigration Reform and Control Act of 1986 (IRCA). The theory was that if employers were sanctioned for hiring aliens who do not have work authorization, they would stop hiring them.

    This was expected to prevent a new group of undocumented aliens from taking the place of the ones IRCA was going to legalize.

    It didnít work. Approximately 2.7 million undocumented aliens were legalized, but by the beginning of 1997, they had been replaced entirely by a new group of undocumented aliens.

    It failed because the sanctions were not applied on a large-scale, nationwide basis. This is necessary to make employers throughout the United States afraid that they will be sanctioned if they hire undocumented workers. And it has continued to fail for the same reason. According to the Pew Research Center, there were 8 million unauthorized immigrants working or looking for work in the United States in FY2014.

    The government has had more than 30 years to make the sanctions work, and it hasnít happened. It is unrealistic at this point to expect it ever to happen. A new approach should be considered. But first, letís look at what employer sanctions do.


    Published originally in The Hill.

    About the author. Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.

    Updated 11-06-2017 at 08:24 AM by ImmigrationLawBlogs

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