Unlike the Three Bears of fairy tale fame who were shocked by Goldilocks’ unexpected home invasion, most Americans these days keep their doors locked. The same cannot be said for our country. The “doors” of the United States — in particular, our southern and northern borders and our “internal border,” business worksites — have generated understandable frustration for citizens and legal residents who believe they are adversely affected by the presence of unauthorized immigrants. While U.S. immigration policy has generated angry polarization across the political spectrum, on one matter politicians of virtually every allegiance now agree: The federal government must crack down harder on businesses that flout immigration laws by employing unauthorized foreign workers.
The Obama administration, virtually from the start, has dramatically raised the stakes for employers. It has pursued a strategy of “silent” raids — the practice of snow-flaking the employer community with administrative subpoenas (“notices of inspection”) demanding the tender of required immigration hiring records (the Form I-9, Employment Eligibility Verification and payroll reports). These are followed by relatively stiff fines for mere paperwork violations or, if employers are found to employ undocumented workers, government orders requiring the immediate termination of employees who lack work permits.
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