In order to tackle the U.S. Illegal Immigration issues, even broadly, a person must first change their paradigm and understand the root issue which creates the crisis. The problem was created by the UniParty, and the problem continues specifically because the UniParty desire it to continue.
Before you can reasonably present a solution to the illegal immigration problem, you must first understand the economic problem. Understanding how illegal aliens work in the U.S. is step one toward understanding what proposed solutions would/could work, and which are mere political talking points.
Here’s the stuff the professional political class don’t necessarily want you to know.
You can clearly see, from many of the various pearl-clutching articles about Labor Secretary Nominee Andrew Puzder, how entrenched, erroneous and naive many peoples’ beliefs are on the specific issue of illegal aliens within the employment system.
It is difficult to accept -perhaps for the first time- what you previously believed is not based on any substantive reality. Blaming U.S. businesses for hiring illegal aliens makes for a good avoidance technique; heck, the UniParty relies upon an electorate doing just that. However, that blame-casting actually keeps people from recognizing and confronting the underlying ‘real world’ issues faced by U.S. employers.
This is where the value of a successful businessman, Corporate CEO, large employer, and specifically a man who has faced down the weaponized EEOC, Andrew Puzder, becomes infinitely more valuable as Secretary of Labor.
THE ISSUE – Most people think of illegal alien workers as farm workers, or workers employed by small service businesses. While there is some validity to the precept, the vast majority of illegal aliens actually find it easier to gain employment in large organizational businesses. When you understand labor law, you understand why this is the case.
Every entity that hires people is potentially at risk for audit, inspection, or charge from an entity called the EEOC (Equal Employment Opportunity Commission) within their regional jurisdiction.
The EEOC responds to hiring practice complaints from a perspective of ensuring equal employment opportunity. As we’ll show, the rules of the EEOC are in direct contradiction with the Department of Homeland Security [formerly Immigration and Naturalization Service (INS)] immigration laws.
Large corporations have legal, compliance and HR departments to assist and train the hiring by managers within the organizational structure. These departments exist first and foremost to protect the organization or corporation from risks presented by the EEOC.
When you understand the emphasis of the risk avoidance you begin to understand how illegal aliens in the workforce are as common an occurrence as legally employed U.S. workers.
According to EEO laws, under the auspices of their guiding principle of Disparate Impact (in discrimination rulings), a business cannot use any employment eligibility standard that disqualifies a federally protected category (in this example ethnicity, race, national origin) from employment.
Here’s how it works on Main Street – If you require all applicants to be legally eligible to work in the U.S., and part of that application process is the applicant providing you documents to prove that eligibility, you cannot verify those documents –> if the verification of those documents would exclude a larger percentage of ethnic applicants, protected class applicants, than the general application pool.
Meaning, as an example, if you check Social Security numbers (example E-Verify) for employment eligibility, and that verification disqualifies a disproportionate amount more Latinos than all other applicants, then the verification process itself is unlawful because it creates a “Disparate Impact” against Latinos and you are guilty of violating EEOC law.
That risk is why most large U.S. corporations and businesses do not use E-Verify; and those who do use E-Verify have noted it is less and less effective at blocking illegal aliens/undocumented applicants.
As a direct consequence of rulings in complaints brought by the EEOC under the auspices of “disparate impact“, there is no legal requirement to verify employment eligibility beyond accepting the word of the applicant.
Additionally, as some small and mid-sized organizations did begin using e-verify, the unlawful immigrants shifted to using real –but stolen– Social Security numbers (ie. identity theft), and/or the frequency of using a false -specifically Puerto Rican- identity has risen.
This takes us to the second point.
♦ SECOND – The illegal alien (pc undocumented worker) gains employment with the presentation of false documents – and as outlined above the business cannot immediately disqualify the applicant because of those false documents.
The Dept. of Homeland Security now has the responsibility for telling employers how to scrutinize hiring documents; as you can see below DHS doesn’t want employers being critical.
In short, to avoid running afoul of EEO laws (ie avoiding lawsuits, fines, penalties), and because DHS essentially discourages critique, most businesses don’t even check Social Security Numbers – and if the eligibility documents look legit, DHS guidance says “accept them”.
The only legal requirement upon the hiring organization is for the business to complete the federally required I-9 employment form with the information from the documents provided by the applicant when hired.
This I-9 form, along with W-4, is then retained by the employer subject to inspection by the Department of Labor. The data is used by the payroll department to and sent to the IRS, and a copy of all communicated data kept on file for random audit/inspection within the business.
The fact the information is false has no bearing on the business. The hiring company has to take the word of the employee as to the truthfulness therein. Illegal applicants know this, they know how to “game the system”, and they pay for false documents ($300 to $600 per set) to complete this part of their application for employment:
This is how illegals get jobs. This is also why the various Washington DC bureaucrats who make up the UniParty, and are lobbied by K-Street operatives of the U.S. Chamber of Commerce, oppose “Biometric Social Security Card” legislation, or a mandatory enhanced and improved E-Veriify system, which could stop illegal aliens from getting employment.
The I-9 is completed by the employer, using the employee presenting information to evidence their eligibility. The W-4 is the employee filling out their tax withholding status.
The W-4 is also the easiest way to know if you have hired an illegal, (though you can’t question it, or do anything about it) because many illegals use the dependent withholding on their W-4 to do the same thing. Which brings us to point #3.
♦ THIRD – It is an absolute lie that illegals pay federal income taxes. 80% of the illegals working will never file income tax returns. Instead, the way they keep their money is to falsify the number of dependents on their W-4. It is not unusual to see W-4’s from illegal aliens claiming 4, 5, 6+ dependents. This keeps them from paying much, if any, federal income taxes.
The illegal employee, once inside the system, customarily will never file federal tax returns so a tax refund is generally not part of their consideration. Instead their endeavors are structured to avoid paying taxes on the front-end, their paychecks. However, they do pay into SSA which they cannot avoid.
♦ FOURTH – How do they get away with it? The IRS and Social Security Office have a process of comparing Social Security numbers based on the SSA collections, and the database of social security numbers when generated by the feds. (*Note* you might be familiar with SSA benefit statements from the Social Security office during your work history – usually rec’d in the mail).
The comparison of SS numbers to SS/IRS/Data-base filings generates a list known as a Mismatched Social Security list.
Starting in early 2002, under the updated policy, a letter is being sent in each case where the employer filed even one Form W-2 where the worker’s name or Social Security number does not match SSA records. The letters began going out to employers shortly after the 1/31/02 calendar year deadline for W-2s, producing concern and confusion for employers because of conflicting obligations under different laws. (link)
If you have an employee on that list, the feds send you a notification of mis-matched social security number. This is also the primary way that all employers are notified they have illegal aliens working for them.
And to give you an idea how this process is fraught with legal trapdoors to be avoided consider this paragraph:
Watch out for discriminatory actions. On the other hand, employers also risk a charge of unlawful discrimination by terminating employees because they are not able to explain and resolve SSN/name discrepancies.
As in any employment action, employers should be careful to treat employees consistently, without regard for the employee’s ethnic group, citizenship status, or nationality.
Further, employers should be careful to avoid a charge of “document abuse” that could result if employees are required to show their Social Security cards to help resolve a mismatch.
SSA letters carefully advise employers to “ask [their] employees to check [their] Social Security card and to inform [them] of any name or Social Security number difference” between the records and the cards. Under IRCA, employers should not require employees to present specific documents, including Social Security cards, for employment eligibility verification purposes.
Do you begin to see the problem? But wait, it gets worse:
“It was wrong before but now it’s right”. INS also opines on one specific situation that occurs fairly frequently.
An employee who has been working under a false SSN subsequently becomes authorized for employment and obtains a legitimate SSN. The employee then informs his employer that his SSN has changed so that his earnings can be credited to his new, proper SSA account.
The employer in this situation should consider reviewing its policy regarding termination decisions when employees commit fraud in the workplace, and should consult counsel regarding the employee’s possible termination. INS’s opinion contains a reminder that “[k]nowing false statements on the Form I-9, or the use of false documents to obtain employment, are felonies that are not excused by subsequent grants of work authorization or lawful status.” INS further advises that employers should not continue to rely on Forms I-9 that the employer knows were completed fraudulently. (link)
There are some instances where a married woman with a name change might appear on that mismatched list; however, the vast majority are fraudulent social security numbers used with specific intent to gain employment.
The business is notified and is obligated (10 days to comply) to re-verify the employee information, and send the employee to the local Social Security office to reconcile/fix the problem of disparity within 30 days.
It can take years, sometimes many years, for the Social Security Administration to catch the illegal SS# being used. In the interim the employee is getting paid just like every other employee. I’ve personally seen illegal workers with 5 to 15 years of employment before they appear on the list.
However, in actual life the end result is not too complex. Generally as soon as you tell an illegal alien employee you have received that mismatch notification, they simply quit.
If you have a good relationship with them, they’ll admit they are illegal – and simply go get another job and start the process all over again. If you don’t know them well, or if they are not comfortable with you, they just stop showing up to work.
It’s not a grand or significant conspiracy. No big mystery. No-one goes looking, no-one comes to see you. Just *poof* the illegal disappears, and the business hires someone else, quite possibly another illegal – and the cycle begins again.
This is just the way it works. It is not the fault of the business, who are simply complying with conflicting federal employment and labor laws.
However, what most people don’t know is what you just read; that (Federal) EEOC hiring rules are in direct conflict with (Federal) Dept of Labor hiring Laws when it comes to DHS employment eligibility, immigration laws, and EEOC “disparate impact”.
So when anyone says they have a solution to stop illegal alien employment they must first accept that DHS (INS), Dept. of Labor, and the EEOC all must come into alignment.
It does not take laws to accomplish this, the laws are already on the books, it simply takes a president who clarifies the rules to their cabinet members (Labor and DOJ). For Donald Trump that would be Attorney General nominee Jeff Sessions, and Labor Department nominee Andrew Puzder.
The only actual law needed, to avoid issues with any following administration, is a federal law to mandate the verification of employment eligibility documents as they are presented.
The most current proposal to mandate this verification is through enhanced “E-Verify” which would cross check the usage and validity of the Social Security number; or “biometric SS cards”. The “mandatory E-Verify” legislation, as a stand-alone principle of law, is staunchly opposed by unions, liberals, progressives, Democrats and hidden UniParty (G08)/Republican politicians.
President-elect Donald Trump’s primary businesses are within the building/construction and hospitality industry. Both the building and hospitality industries are rife with illegal alien workers.
Depending on whether the preferred regional scheme is false documents or the more modern stolen identity documents, the average 300 room hotel would be anticipated to receive 50 to 100 mismatched notifications annually depending on location.
Within the construction industry, the notifications are less frequent because the jobs are generally more short-term in duration and by the time the mismatched SSI index would catch up with the employee/employer, the illegal is no longer working there.
As you can see, the issue of illegal alien employment is not as easy to tackle as many would initially believe. All indicators are that part of Trump’s overall approach toward immigration enforcement is to avoid congress and focus on strict enforcement of current immigration law.
Factually, this is the fastest approach to dealing with it – however, that approach requires the DOJ and DoL to be in synergy as enforcement of existing employment law is used to identify and tackle those who are currently illegally employed.
With that in mind, a corporate CEO who has specific knowledge of these issues within a business that is directly impacted by the formerly allowed (willfully blind) bureaucratic legal gobbledy-gook known as “disparate impact”, is a key attribute to dealing with it.
Ask yourself: Have any of those authors ever run a multi-million fast paced business, with hundreds of employees; and simultaneously getting dozens of these mismatched SS# notifications each year; and trying to figure out how to keep your operation afloat – while hiring and retraining replacements?
Running a Main Street business is not an esoteric enterprise under these challenges. It is real life. I know because I’ve done it.. I’ve hired and trained thousands, and navigated through the precarious minefields of regulation and compliance while operating a business that depends on labor efficiency and effectiveness. It is not easy.
I can totally understand how President-elect Donald Trump needs Andrew Puzder’s specific skill-set to balance an issue of immigration enforcement, and still allow business interests to function while navigating their way through the painstaking process of rebuilding their workforce.
Most people have no idea how many illegals are working in America. It would blow your mind. When you’ve never signed the front of a paycheck under these circumstances it’s easy to be a critic, or an author of an opinion article.