ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Greg Siskind on Immigration Law and Policy

NEW CHERTOFF BLOG ADDRESSES WORKSITE ENFORCEMENT

Rate this Entry

Here's the link . And here's Chertoff's post. There's some interesting data on the pickup in work site enforcement.



      Myth vs. Fact: Worksite Enforcement       




Opponents of immigration enforcement continue to propagate mythical
objections to the Department's enforcement efforts. Some have claimed
we are unfairly targeting low-level employees and not the employers who
hire them. Others have misstated the facts about our E-Verify system,
claiming it is riddled with errors and harms legal workers at the
expense of identifying illegal ones.



For the benefit of journal readers, I'd like to take a few minutes to separate these myths from the facts.



1) Has the Department stepped up its worksite enforcement efforts?



Yes.
As you can see in the table below, arrests in worksite cases have
jumped from a total of 850 in 2004 to 4,940 last year, including 863
arrests based on criminal charges. We have already exceeded the number
of criminal arrests this year and expect that figure to continue to
rise.







































Fiscal Year

Worksite
Criminal Arrests

Worksite
Administrative Arrests

2004

165

685

2005

176

1,116

2006

716

3,667

2007

863

4,077

2008
(as of May 31)

875

3,000

Source: U.S. Immigration and Customs Enforcement

2)
Is it true that U.S. Immigration and Customs Enforcement (ICE) is only
arresting low-level employees and not managers and supervisors?


No.
Of the 863 criminal arrests in worksite cases last year, 92 were in the
company's supervisory chain. Already this year, ICE has arrested 80
individuals in the supervisory chain. This follows the arrests of 389
illegal aliens on administrative immigration violations, the most ever
arrested in a single-site worksite enforcement operation. Additionally,
302 of those arrested have been charged with criminal offenses,
including identity theft, false use of a Social Security number,
illegal re-entry into the United States, and other crimes.

Of
course, when comparing employer to employee arrests, it's important to
keep in mind that in most companies there will be a larger number of
employees than employers and top-level managers. Moreover, cases
against supervisors and employers are more complex, and often depend on
proving knowledge and intent. Therefore, it often takes time to build a
criminal case against an employer, but the charges and penalties will
likely be more serious as a result.

3) Are these worksite enforcement efforts random or do they unfairly target well-established employers, as some have suggested?

No.
Our efforts focus on three priority areas. We target employers who have
built their business model on hiring an illegal workforce. We also
focus on disrupting the infrastructure that supports illegal
immigration, which includes aggressively targeting those who engage in
identity theft, document fraud and/or human smuggling. And we want to
ensure that our nation's critical infrastructure sites, like our
airports, seaports, military bases and nuclear facilities are staffed
with individuals authorized to work in the country. The vast majority
of ICE's worksite enforcement efforts fall into at least one of these
categories.

4) Does ICE conduct its worksite operations in cooperation with state and local authorities?

Yes.
When ICE conducts an enforcement action, it coordinates with state and
local law enforcement and those responsible for public safety in a
manner that will not compromise the operation. ICE goes to great
lengths to identify and address any humanitarian concerns of the
individuals it encounters. ICE's worksite enforcement operations are
the result of long and careful criminal investigations, not random
targeting or haphazard planning.

5) Is the
Department's E-Verify program riddled with errors and does it hurt
legal workers at the expense of identifying illegal workers?


No.
E-Verify is a proven tool currently used by more than 73,000 employers
nationwide, with another 1,000 employers enrolling every week. I'd
venture to say that if the system didn't work or was riddled with
errors, very few employers would want to use it.

Under E-Verify,
almost everyone who is authorized to work in the United States is
immediately verified by the system. Only about 0.5 percent of those
queried who are ultimately confirmed as legal workers receive what is
called a "tentative non-confirmation" and need to correct their records.

An
employee who receives a tentative non-confirmation has a right to
contest it and update his or her information while he or she continues
working. E-Verify does not require these workers to be immediately fired.

Of
course, many non-confirmations relate to employees who are not legally
authorized to work in our country - estimated to be around 5 percent of
all workers sent through the system. But those who employ illegal
workers have no grounds to complain when the system uncovers that
illegality.

6) Can worksite enforcement alone solve our nation's immigration problems?

An
enforcement-only approach will not fix this problem. We must find a way
to meet our nation's temporary workforce needs in a legal manner while
also securing the border and enforcing the interior. Ultimately, this
will require Congress to act on comprehensive reform. Nevertheless, our
Department will not turn a blind eye toward illegality. We will
continue to meet our obligations to the American people under the law,
which includes enforcing the rules at worksites.

Michael Chertoff

Submit "NEW CHERTOFF BLOG ADDRESSES WORKSITE ENFORCEMENT" to Facebook Submit "NEW CHERTOFF BLOG ADDRESSES WORKSITE ENFORCEMENT" to Twitter Submit "NEW CHERTOFF BLOG ADDRESSES WORKSITE ENFORCEMENT" to Google Submit "NEW CHERTOFF BLOG ADDRESSES WORKSITE ENFORCEMENT" to StumbleUpon Submit "NEW CHERTOFF BLOG ADDRESSES WORKSITE ENFORCEMENT" to Reddit Submit "NEW CHERTOFF BLOG ADDRESSES WORKSITE ENFORCEMENT" to Digg Submit "NEW CHERTOFF BLOG ADDRESSES WORKSITE ENFORCEMENT" to del.icio.us

Tags: None Add / Edit Tags

Comments

  1. George Chell's Avatar
    I presume that Chertoff and company want stagflation so that interest rates can go up and we will go into a deeper recession.
  2. Kalkin's Avatar
    Hi. In the future I'm going to keep here links to their sites. But I do not worry about the sites where my link is removed. So if you do not want to see a mountain of links, simply delete this message. After 2 weeks, I will come back and check.
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: