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Feds targeting employers of illegal workers
San Diego Union - Tribune ^ | 12/10/06 | Joe Cantlupe - CNS

Posted on 12/10/2006 4:46:23 PM PST by NormsRevenge

WASHINGTON – It was among the best sushi restaurants in Baltimore, but something was seriously wrong about Kawasaki's.

While the owners showcased their finery in the dining room, the illegal immigrants who worked there were paid less than $2 an hour and lived in garbage-filled rooms above the restaurant, where they had no clean water.

“Downstairs, the restaurant looked beautiful. Upstairs, it was filthy,” said Julie L. Myers, assistant secretary for U.S. Immigration and Customs Enforcement.

So federal authorities did something that has been almost unheard of in recent years: They filed criminal charges against the owners of the large Kawasaki restaurant, accusing them of exploiting cheap, illegal labor so they could buy Lexuses and real estate. Eventually, the government seized more than $1 million in assets from the owners, who also had two other restaurants.

It is part of a trend that developed as Congress and the White House debated what to do about illegal immigration. Across the country, officials also have rounded up undocumented workers at companies ranging from a huge pallet manufacturer with offices in California to a company that performed cleaning services for Wal-Mart stores nationwide.

But critics are skeptical, saying that political pressure from employers to maintain the status quo is overwhelming and that the Bush administration is making only a small dent in the problem of illegal immigrants in the workplace.

Some employers, meanwhile, complain that a focus on enforcement, without changes in immigration law that address labor shortages, is hurting their bottom line.

Over the years, the federal government has had a spotty record on work-site enforcement. The reasons included a general tolerance for illegal immigration in low-skill jobs, the difficulty of prosecuting cases and the relatively low fines that result.

Without much fanfare, federal authorities say they started making a major push last spring on workplace enforcement. At the time, Republicans in Congress were calling for tougher enforcement measures, while President Bush was trying to persuade them to take an approach that included a path to citizenship for many illegal workers.

“We are currently doing some very significant work-site enforcement operations and starting to look at criminal penalties,” said Homeland Security Secretary Michael Chertoff. The Department of Homeland Security includes Immigration and Customs Enforcement, known as ICE.

The numbers are starting to show: In the past year, ICE has arrested 716 employees and employers on immigration-related criminal charges, such as knowingly hiring illegal immigrants and money laundering, up from 25 in 2002. Those found guilty can be sentenced to prison.

Administrative violations, which generally involve the apprehension of illegal immigrants at work sites, increased to 3,667, up from 485 in 2002, according to ICE. Violators can be fined.

“They are trying to ramp things up to the extent they can. Work-site enforcement is an essential element to gain control over illegal immigration,” said Deborah Meyers of the nonpartisan Migration Policy Institute, who said she supports the ICE plan.

“This is about creating a new norm for employers. Before, they weren't serious about investigations. It's about people buying into it and changing the norm.”

But Steve Camorata, director of research for the Center for Immigration Studies, which seeks stronger limits on immigration, isn't convinced, noting that there are an estimated 11 million illegal immigrants in the United States. He doesn't see many lasting changes ahead for enforcement and said there is political pressure to look the other way in areas where the work force might include large numbers of illegal immigrants.

“If they bring more prosecution of egregious violators, that's fine and useful and important,” Camorata said of ICE. “But we're not sure the administration is serious about enforcement. The truth of the matter is the enforcement system is broken. When you look at the numbers, the numbers aren't very high.”

The government's investigations constitute a “big jump from the previous year, but from a tiny base,” said Wayne Cornelius, director of the Center for Comparative Immigration Studies at the University of California San Diego.

Some employers say the focus on enforcement is unfair.

“It's a major concern – people seeing clients being audited and our members raided and audited at a higher level,” said Laura Reiff, spokeswoman for the Essential Worker Immigration Coalition, a business group. “(Authorities) are going after companies involved in construction, critical infrastructure, drugs, food supply, hotels and restaurants. There is an enforcement mentality. It puts us in a major bind without comprehensive reform.”

Meanwhile, the intensity of the political debate surrounding immigration over the past year seems to have subsided, with Democrats poised to take over the Senate and the House next month.

House Republicans pushed for stronger enforcement of immigration laws. President Bush and a group of Democrats and Republicans in the Senate wanted a guest-worker program and ways for undocumented workers to gain legal status, along with greater enforcement.

Eventually, Congress passed a bill to extend a fence along the U.S.-Mexico border by 700 miles, but tougher work-site enforcement provisions were not included.

“Reformers – Republicans, Democrats and the president – know that's not the answer or the whole answer,” said Tamar Jacoby, a senior fellow at the Manhattan Institute, who supports a wider approach. “The only way we will ultimately get control is with a combination of tougher enforcement on the border, but more important, in the workplace.

“The challenge is to get a workable system up and running in a timely way,” Jacoby added, “rather than rushing to implement something that does not work.”

Other experts agreed.

“My guess is that if the new Congress wants comprehensive immigration reform, a tougher employer sanctions regime will have to be part of it,” Cornelius said.

While politicians debate what might be ahead, Chertoff insists that the government is taking steps to make sure it complies with the 1986 Immigration Reform and Control Act. The law requires employers to examine at least two forms of identification for all new workers and ensure they reasonably appear to be genuine.

The Bush administration's 2007 budget proposes $41.7 million in new funds for work-site enforcement and an additional 171 agents.

“This is a big shift in strategy for us,” said Dean Boyd, a spokesman for ICE. “We recognize the focus is not necessarily to arrest (illegal immigrants), but to punish corporations and the employers who hire them.”


TOPICS: Business/Economy; Foreign Affairs; Government; Politics/Elections
KEYWORDS: aliens; employers; feds; illegalaliens; illegalimmigration; illegals; immigrantlist; immigration; targeting

1 posted on 12/10/2006 4:46:25 PM PST by NormsRevenge
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To: NormsRevenge
"“It's a major concern – people seeing clients being audited and our members raided and audited at a higher level,” said Laura Reiff, spokeswoman for the Essential Worker Immigration Coalition, a business group. “(Authorities) are going after companies involved in construction, critical infrastructure, drugs, food supply, hotels and restaurants. There is an enforcement mentality. It puts us in a major bind without comprehensive reform.”"

I'd suggest the Feds checkout each member of this "business group".
2 posted on 12/10/2006 4:50:39 PM PST by Texas_Jarhead
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To: NormsRevenge

Just because they were not enforcing the law in the past does not mean the laws did not exist nor that the employers were not breaking the law. Employers do not need reform. What they need to do is to follow the laws we have now and quit hiring people who are here illegally. Greedy b******s.


3 posted on 12/10/2006 5:00:55 PM PST by jerry639
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To: NormsRevenge

Lip Stick for a pig!


4 posted on 12/10/2006 5:07:41 PM PST by hophead
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To: NormsRevenge
“This is a big shift in strategy for us,” said Dean Boyd, a spokesman for ICE. “We recognize the focus is not necessarily to arrest (illegal immigrants), but to punish corporations and the employers who hire them.”

Seems like a good way to do it me.

5 posted on 12/10/2006 5:27:16 PM PST by Dubya (Jesus saith unto him, I am the way, the truth, and the life: no man cometh unto the Father,but by me)
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To: NormsRevenge
“This is a big shift in strategy for us,” said Dean Boyd, a spokesman for ICE. “We recognize the focus is not necessarily to arrest (illegal immigrants), but to punish corporations and the employers who hire them.”

What a novel idea. Oh, wait, I've been hearing/saying that for years. Better late than never, though.

6 posted on 12/10/2006 6:08:20 PM PST by FoxInSocks
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To: jerry639

They can follow the laws by accepting phony documents. The ones who don't require any documents at all will get busted, but most of the major employers are very careful to comply with the law as it is written.

They make photocopies of phony documents, fill out forms with the data, and file everything in filing cabinets.


7 posted on 12/10/2006 6:11:55 PM PST by proxy_user
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To: NormsRevenge
“This is a big shift in strategy for us,” said Dean Boyd, a spokesman for ICE. “We recognize the focus is not necessarily to arrest (illegal immigrants), but to punish corporations and the employers who hire them.”

I'm not sure why they aren't doing both.

8 posted on 12/10/2006 6:13:15 PM PST by meyer (Bring back the Contract with America and you'll bring back the Republican majority.)
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To: meyer
How about if we do both and return them home via free air flights?
The corporate CEO's who hire them should be told they'll be on the next flight if they continue to hire criminal invaders.


9 posted on 12/10/2006 7:46:16 PM PST by ASA Vet (The WOT should have been over on 9/12/01.)
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To: Texas_Jarhead

"There is an enforcement mentality."

About time.


10 posted on 12/10/2006 8:13:48 PM PST by SmoothTalker
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To: Texas_Jarhead
Some employers, meanwhile, complain that a focus on enforcement, without changes in immigration law that address labor shortages, is hurting their bottom line.

The employers are pissed that they can cheat the free market system by illegally hiring illegal aliens?

Let them eat cake!

If illegal immigration were completely under control these poor, put upon employers would figure out a way to deal with their problem. They're just lazy.

11 posted on 12/10/2006 8:53:14 PM PST by upchuck (What's done is done. And if we don't get our stuff together, it'll be done to us again in 2008!)
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To: Dubya

It's also a great way for Feds to raise a lot of revenue without new taxes. If Feds get serious enough to start throwing big fines at large numbers of employers who hire illegals and also collect back taxes from the employers, then the Federal coffers will fill up while the alarms bells it sets off will cause the illegal hiring problem to clean itself up. It's a triple win for the Federal Government, honest taxpayers, and honest businesses.


12 posted on 12/10/2006 11:58:02 PM PST by CountryBumpkin (Liberalism = left side of IQ scale. Us = right side. Questions? Didn't think so. Carry on...)
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To: SmoothTalker

This is just a show. BUILD THE G'DAMM WALL!!!!!!!! Democrats.. Republicans... They are both full of crap.

Lets face it, regardless of what party is in power.. most ofthe illegals will get some type on amnesty and will stay in the US. As sad as it is, it's going to happen.

Lets prevent future waves of these people form coming in by building a BIG wall across out entire southern border.

Somehow our governemnt makes an effort to secure funding and man power to invade a country on the other side of the globe and spends BILLIONS and BILLIONS and BILLIONS of dollars at doing so. But when it comes to building a wall and making an actual physical border for the country, they have little to no interest. Cute how they voted to build a wall/fence.. yet failed to fund it.


13 posted on 12/11/2006 12:11:57 AM PST by BigTom85 (Proud Gun Owner and Member of NRA)
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

ping


14 posted on 12/11/2006 8:55:07 AM PST by gubamyster
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To: proxy_user

"They can follow the laws by accepting phony documents."

That doesn't put them in compliance. When they get notice after the first payroll report after the hiring that a name or # doesn't match they either have to get proper, legal documents or terminate.

The feds are being lax by not charging the $100 penalty for a incorect name or # that they put into effect in the early 70s.


15 posted on 12/11/2006 9:02:52 AM PST by dalereed
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To: NormsRevenge

"....and starting to look at criminal penalties,”

Almost 6 years into the Bush administration!


16 posted on 12/11/2006 9:04:36 AM PST by SwinneySwitch (Liberals-beyond your expectations!)
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