"Until this glaring loophole is fixed through legislation the law is unenforceable."
That is simply not true. As noted above, this law HAS been enforced. Most of the employers "going through the motions" are still easily busted because it's simply so obvious their employees' documents are fakes--if they have them at all. The problem is that enforcement takes political backbone. ongress and the Presidnet will not stand up to the meatpackers and agribusinesses that are using these illegals en masse, so federal bureaucracies cannot enforce the law without fear of having their personal budgets sliced and their staff decimated whenever Tyson or ADM calls their congressman.
I respectfully disagree. The most egregious violators are never fined. You have to be felony stupid to not fill out the I-9 and make a copy of the false documents presented. Those are the only people who get fined. The employer is NOT responsible to verify the authenticity of the documents presented, to add insult to injury, the employer can be fined for a civil rights violation if they require an employee to produce documentation beyond what is required by the I-9.
Believe me the law is buggered up. Do you really think that the completely under funded ICE agency would blowing off employers sanctions if they could be raking in millions in fines? They would be on this like a hobo on a ham sandwich.
Until employers are required to verify the eligibility of applicants this remains smoke and mirrors.
I completely agree which the rest of your comments.