“The job holder most likely to serve time worked in human resources.” Northern Illinois University College of Law professor Lorraine Schmall came to this conclusion after reviewing criminal worksite enforcement proceedings at the end of the Bush administration in 2008.1 While large-scale foreign-national employee prosecutions and removals in connection with worksite raids under the Bush administration attracted more publicity,2 the number of criminal prosecutions of business owners and managers also increased.
The Obama administration has moved away from high-profile worksite raids, favoring instead “audits” (called “silent raids” by some) that in effect force employers to terminate the employment of unauthorized workers.3 Even so, Homeland Security Secretary Janet Napolitano in her Senate confirmation hearings also pledged “appropriate criminal punishment” for “unscrupulous employers.”4 So, regardless of which party is in office, employers and their human resources representatives have to be aware of potential criminal liability.
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