Employers of Illegal Immigrants Face Little Risk of Penalty

LA Times ^ | 5/29/05 | Anna Gorman

[Crackingham]

Nearly every day, immigrants newly arrived from Mexico pick up job applications at Car Wash on Sunset. Owner George Garcia insists that they provide proof, such as Social Security or green cards, that they are authorized to work. What he does not do is pick up the phone to see if the documents are phony.

"I run a business," he said. "Why is it my job to kick people out? It is not my responsibility to figure out who is legal and who is not legal. It's their job to stop them at the border."

Garcia doesn't worry about being fined or arrested by immigration authorities. Even if federal agents did raid his Los Angeles carwash and arrest his undocumented workers, it wouldn't take long to replace them.

"If I lost 20 guys," he said, "within a couple of days I'd have new guys."

The escalating debate over illegal immigration focuses primarily on those who sneak across the border, not on the jobs that lure them here or the people who hire them. When authorities do crack down on employers, it often is to stem terrorism, human smuggling or large-scale criminal operations.

In fact, the owners of hotels, farms, restaurants and retail stores who hire illegal workers — never widely sanctioned to begin with — now face a negligible risk of being penalized. From 1993 to 2003, the number of arrests at work sites nationwide went from 7,630 to 445. The number of fines dropped from 944 in 1993 to 124 in 2003. About 7 million illegal immigrants worked in the U.S. last year, said the Pew Hispanic Center.

"I don't think any average restaurant owner or farmer is shaking in their boots," said Carl Shusterman, a Los Angeles attorney who used to work for the Immigration and Naturalization Service.

[A Balrog of Morgoth]

Personally, my major beef has never been with the illegal immigrants themselves. If I was a poor peasant in the hellhole that is Mexico, I'd be tempted to run for the border just like they do.

It's the companies that knowingly hire them that are the real problem.

And the Government which sucks its thumb.

[konaice]

"If I lost 20 guys," he said, "within a couple of days I'd have new guys."

When we start arresting the employers along with the illegals, an siezing business of repeat offenders this will stop in a hurry.

[Jim Robinson]

"When we start arresting the employers along with the illegals, an siezing business of repeat offenders..."

Hard to say which is worse. The illegal immigration problem or the proposed solution. Big government police state here we come.

[dennisw]

If I was a poor peasant in the hellhole that is Mexico, I'd be tempted to run for the border just like they do.

So what? Our job is to keep them out because this is a sovereign nation known as America. This is not Mexico. People in Mexico live like kings compared the wretched masses in other 3rd world countries.

[Texas_Jarhead]

"From 1993 to 2003, the number of arrests at work sites nationwide went from 7,630 to 445. The number of fines dropped from 944 in 1993 to 124 in 2003."

Absolutely inexcusable, not to mention ridiculous.

[dennisw]

I don't consider it an intrusion to demand that all employers verify prospective workers against a database of legitimizer Social Security numbers. This can be easily arranged and set up. As of now employers can make such checks but they are not required by law. Thus the charade of accepting phony IDs and phony Green Cards. Like this car wash owner Garcia is doing.

[dennisw]

legitimate SS numbers....

[A Balrog of Morgoth]

Itchy triggerfinger, Sparky? I'm not cheerleading for illegals. Did you read my post all the way through, or did you just start firing as soon as you saw that first sentence?

[dennisw]

I read all you post and responded to only part of it.

[Jim Robinson]

I do. I'd like to see the unconstitutional Social Security system dumped. And there's no way I'd every agree to any kind of national ID system.

[dennisw]

I do. I'd like to see the unconstitutional Social Security system dumped. And there's no way I'd every agree to any kind of national ID system.

If we hadn't allowed so much illegal immigration for the last 20 years, I doubt a national ID and compulsory employer SS# verification would even be considered.

[angkor]

The illegal immigration problem or the proposed solution.

Dad's company used to have some factories in California, and I vaguely recall him saying back in the Sixties that they wouldn't hire illegals because of the fines and penalties. IIRC they'd also shut down the factory for days at a time, so it wasn't fiscally prudent to hire illegals.

[onyx]

Maybe your dad had his factories during the Bracero program?

[c-b 1]

And the Government which sucks its thumb.

It's much worse than that, if illegals can't find employment, the government will provide them a carrer, Welfare, WIC, Food Stamps, free medical care at the local emergency room, free education for all the babys they can make, etc.

[Outland]

"...As of now employers can make such checks but they are not required by law. Thus the charade of accepting phony IDs and phony Green Cards. Like this car wash owner Garcia is doing.."

Exactly right. This scenario with carwashes in particular is fairly widespread since the jobs don't pay much and there are plenty to go around. It runs rampant here in the Chicago area as well but most of what I know about deals with a certain chain of carwashes and gas stations in Portland, Oregon. There, the employer couldn't care less if the SS number and other forms of ID are forged or not. They make no effort to check the authenticity of their documents because the government will do that anyway. They go through the motions of filing the paperwork and after a lengthy delay, they are informed that the SS number is bogus or possibly stolen from someone else. The employer is then asked to re-submit correct information. The illegal comes up with a new forged SS card and the cycle is repeated almost indefinitely until the illegal moves on to another employer.

Many of the forged SS cards are obvious poor imitations. The ones that look real are usually stolen. Either way, nothing is said and the employer gets some cheap labor for awhile.

Does this employer ever get into trouble with the law? No. Not once has this employer been approached by the government for routinely hiring illegals.

Do these illegals actually pay any income tax? No. While breaking various laws such as illegal entry into the U.S., possession of forged documents, and presenting a false ID, the illegal is also breaking numerous tax laws. First, they routinely claim a high number of exemptions or claim "tax-exempt" status on their withholding forms. Second, the name and address along with the SS number filed are all bogus. No income tax (state or federal) is ever withheld except for the obligatory SS, Medicare, etc. deductions. Rarely does anyone from the IRS come looking for these illegals who all seem to be "tax exempt".

Without any enforcement action against employers, there is absolutely no incentive for them not to hire illegals, knowingly or otherwise.

[calex59]

Hard to say which is worse. The illegal immigration problem or the proposed solution. Big government police state here we come.

It is not a police state to enforce existing immigration laws, which is not done at this time. It is against the law for these employers to hire illegals and they should pay the price for breaking the law just as everyone else does.

[Nachum]

Hard to say which is worse. The illegal immigration problem or the proposed solution

The solution is to merely enforce the laws on the books. There are fines for employers who hire illegals. They are progressive with every new infraction. If the employer insists on breraking the law repeatedly, he will fine himself out of business.

It is not any more draconian than other laws that protect the work place. We just have to enforce the existing law.

[lainde]

bttt

[tkathy]

The companies that employ the illegals are like the murderous mullahs lurking in the background with their brainwashed youth.