Effort to Curb Illegal Workers’ Hiring Blocked

Per the Washington Post, “A federal judge barred the Bush administration yesterday from launching a planned crackdown on U.S. companies that employ illegal immigrants, warning of its potentially “staggering” impact on law-abiding workers and companies.” The Dept of Homeland Security was about to issue “no match” letters to 140,000 employers, about upwards of 8.7 million no matches.
The Post reports it as a “firm rebuke.” Why, well, as I have posted before, it appears than
One third of mismatches turn out to be perfectly harmless. The administration’s program would have forced these American citizens to jump through hoops to prove they are citizens, and that could provoke suits by mishandled employees against their employers.
A New York Times editorial says that this “reckless” plan is part of “a disastrously one-sided immigration strategy — pulling out one harsh enforcement tool after another without having repaired the broken system. We have already seen the results of runaway enforcement on the agricultural industry — a shortage of workers leading to rotting crops and farmers relocating south of the border. The trouble with crackdowns, like the foolish one involving “no-match” letters, is that they cause oceans of pain and havoc — not just for undocumented immigrants, but also for legal residents and the economy — without actually solving anything.”
The Post’s article:

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Real ID program implementation plan issued by DHS

Real ID Implementation Plan
The Department of Homeland Security has issued an implementation plan for this program to make drivers licenses uniform across the country. Go here for an html version of the plan. Go here for a report to the National Governors Association about the potential impact of the REAL ID program.

Operation Return to Sender

The New York Times reports on ICE raids in California as part of a nationwide sweep. I have already posted on earlier raids. The sweep is called “Operation Return to Sender, in which more than 23,000 people have been arrested nationwide, including more than 1,800 in Northern and Central California.”

sweat shop in New Bedford MA busted, 350 illegal workers out of work

Workers Comp Insider, the best workers comp blog in the country, reports on and analyzes a story in the Boston Globe about a raid on a sweast shoop which made military supplies.
According to jon Coppelman of Workers Comp Insider, “Affidavits allege that Insolia preferred to hire illegal immigrants because they were desperate for jobs and willing to put up with atrocious working conditions. He even helped them secure forged identity papers, referring them to vendors who would produce the documents for about $120. As for the working conditions, workers were routinely denied overtime pay, docked 15 minutes for every minute late and fined for talking on the job or spending more than two minutes in the plant’s “squalid” rest rooms. Sure, but at least the vests and backpacks were made in America!”

The IFCO guilty pleadings: what was behind them

The Wall Street Journal (subscription required) on Tuesday 2/27 ran an article about how ICE (Immigration and Customs Enforcement) went after the executives at IFCO, the pallet manufacturer raided last year, for systematically hiring illegal workers. The article contains nuggets of information about ICE’s new strategy – which I have excerpted here. They include patiently collecting information in several states on manager communications; getting Social Security to cooperate in revealing huge mismatches of Soc Sec numbers; and planting an informant. (I have previously posted on IFCO.)
According to an article in the Salt Lake City Tribune, five managers pleaded guilty:
James Rice, 37, of Houston, an executive regional general manager of the Netherlands-based IFCO Systems, pleaded guilty to conspiring to employ illegal workers. Robert Belvin, 43, of Stuart, Fla., a former general manager of the Albany IFCO plant, pleaded guilty to two felony conspiracy charges. They face up to 2 years in prison. Dario Salzano, 36, of Amsterdam, N.Y., Scott Dodge, 44, of Elmira, N.Y., and Michael Ames, 44, of Shrewsbury, Mass., each pleaded guilty Tuesday to one misdemeanor. They could face up to six months in jail and $3,000 in fines for each undocumented worker employed, though they likely will get reduced terms because they cooperated, Sciocchetti said. Charges were pending against two other IFCO managers in Houston and Cincinnati.
Here in addition are some figures from the ICE Fact Sheet on the net:
* The number of criminal arrests in worksite enforcement cases has increased from a mere 25 in Fiscal Year 2002, the last full year under the old INS, to 716 during Fiscal Year 2006 under ICE..
* The number of individuals arrested on administrative immigration violations in worksite enforcement cases has increased from 485 in Fiscal Year 2002, the last full year under the old INS, to 3,667 during Fiscal Year 2006 under ICE.

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Executives indicted for tax evasion re: illegal employees

A new strategy to attack employer use of illegal workers has emerged: indicting corporate executives for tax evasion when they pay their employees off the books. We already know about failing to buy workers compensation insurance. This tax evasion attack will I expect be a potent tool against the medium to large sized employer. About half of illegal workers are estimated to be paid in cash without tax or social security payments being made.
The Wall Street Journal carried a story on 2/23 about indictments against a cleaning and maintenance company with commercial customers throughout the U.S. (“Homeland Security Strategy Hits Executives, Illegal Workers”). Per the article “ Pressing ahead with its new strategy to ‘attack the economic engine’ that fuels most illegal migration into the U.S., Homeland Security agents arrested three top executives of a national cleaning service for allegedly employing illegal immigrants and defrauding the government. The sweep also netted nearly 200 employees believed to be illegal immigrants.”
Nevada-based Rosenbaum-Cunningham International Inc., or RCI, provided cleaning and maintenance services to popular hospitality venues and restaurants like Hard Rock Cafe, ESPN Zone and House of Blues, taking in more than $54.3 million between 2001 and 2005, Homeland Security officials said yesterday .
According to a 23-count indictment unsealed yesterday, the company knowingly hired illegal immigrants, intentionally failed to withhold taxes and created shell accounts to line the pockets of top executives. RCI co-owners Richard M. Rosenbaum and Edward Scott Cunningham and firm controller Christina Flocken face criminal fraud, immigration and tax charges.
More from the article…

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Wealth of statistics on illegal immigrants in the U.S.

This is a quick guide to postings I have made in the past. These and other postings are listed in the right hand column segment called “popular posts.” You will find even more information if you go to the hyperlinks in each of these postings.
Go here to find estimates of the number of illegal workers by state and their share of the state’s workforce. Data drawn in part from the Pew Hispanic Center.
Go here to find federal government estimates of illegal immigrants, by country of origin and by when they arrived in the U.S.
Go here to find recent research findings on the impact of all immigrant as well as illegal immigrant labor on native born American wages.
And here for types of work performed by illegal immigrants and other data on these workers, from the Pew Hispanic Center.

AFL-CIO Building and Construction Trades Department’s statement on immigration reform.

Here is the statement, thanks to Jim Platner. I will summarize:
“Mass unregulated illegal immigration into the United States creates unfair wage competition.” There needs to be tougher border enforcement. “A mandatory electronic work-eligibility verification system is needed, which can effectively detect the use of fraudulent documents and significantly reduce the employment of unauthorized immigrants.” This system is “the lynchpin” to comprehensive immigration reform.
A new temporary worker program “would be particularly harmful to the long-term interests of the building and construction industry, because of its negative effect on bona fide apprenticeship and training programs.”
Union sponsored hiring halls and joint labor/management training programs work, and should be supported as the means to provide qualified labor to this industry.
The H-2B visa system in place should be used for foreign labor. This visa program “is currently available to full employers’ temporary needs resulting from either on-time, seasonal, peak load or intermittent labor shortages that do not last for more than one year…it is uniquely appropriate” to fill employer needs in building and construction that cannot otherwise be met be hiring halls.
The H-2B system should be modified to allow for joint labor-management programs to sponsor temporary employment of “trained skilled workers from abroad.” This will assure protection of labor standards of U.S. workers.
There should be a “path to earned legal status” for illegal immigrants here now, as many have been “law-abiding, tax-paying and hard working” participants in the economy. They should pay an appropriate penalty and get in line behind those legally in line from the start. [The term “citizenship” is not used.] Once they “adjust their status”, they should receive federal labor and civil rights protections but not receive federal entitlements.

U.S. Border Patrol has become more aggressive

The NY Times reports that borders controls have toughened considerably in the next few months.
Excerpts from the article:
All along the border, there are signs that the measures the Border Patrol and other federal agencies have taken over the last year, from erecting new barriers to posting 6,000 National Guardsmen as armed sentinels, are beginning to slow the flow of illegal immigrants.
The only available barometer of the decline is how many migrants are caught. In the last four months, the number has dropped 27 percent compared with the same period last year, the biggest drop since a crackdown immediately after 9/11. In two sections around Yuma and near Del Rio, Tex., the numbers have fallen by nearly two-thirds, Homeland Security officials say.
Border Patrol commanders say they see no explanation for the drop-off across the entire 2,000-mile border other than stiffer enforcement deterring migrants. The slackening flow, they argue, belies the conventional wisdom that it is impossible to stem illegal migration. Many veteran officers in the force are now beginning to believe it can be controlled with enough resources.
The new measures range from simply putting more officers out on patrol to erecting stadium lights, secondary fences and barriers of thick steel poles to stop smugglers from racing across the desert in all-wheel-drive trucks. The Border Patrol has deployed hundreds of new guards to watch rivers, monitor surveillance cameras and guard fences.
And zero tolerance by U.S. Courts, with jail sentences being handed out…
Though it seems cruel to many migrants, the zero-tolerance policy appears to be working, Border Patrol commanders say. Along the river the Del Rio sector patrols, arrests are a third of what they were a year ago, only about 35 a day. In the meantime, drug seizures have doubled, as more agents have been freed up to patrol.
“Word is getting around out there that if you cross in this area and get apprehended you are probably going to go to jail, and that is a deterrent,” Sector Chief Randy Hill said.