EMPLOYER SANCTIONS? HA HA HA. By malkin · March 28, 2005 06:24 AM
Even the Christian Science Monitor--no right-wing rag--understands that employer sanctions are a joke:
Ha ha ha. That's a good one. Wal-Mart, a company with $285 billion in sales, gets fined a mere $11 million earlier this month for having hundreds of illegal immigrants clean its stores.
The federal government boasts it's the largest fine of its kind. But for Wal-Mart, it amounts to a rounding error - and no admittance of wrongdoing since it claims it didn't know its contractors hired the illegals.
If it weren't so easy for illegals and employers to skirt worker ID verification, the settlement's requirement that Wal-Mart also improve hiring controls might have a ripple effect in corporate America. But the piddling fine will hardly deter businesses from hiring cheap labor from a pool of illegals that's surged by 23 percent since 2000.
Heather Mac Donald, one of this blog's contributors, described the futility of the current employer sanctions regime here:
Though it is against the law to hire illegal aliens, a coalition of libertarians, business lobbies, and left-wing advocates has consistently blocked the prerequisite to making that ban enforceable: a fraud-proof form of work authorization. Libertarians have erupted in hysteria at such proposals as a toll-free number that would allow employers to confirm Social Security numbers with the Social Security Administration, hurling out comparisons to concentration camp tattoos and godless Communism. Hispanics warn just as stridently that giving employers a means to verify work authorization would result in invidious discrimination against Hispanics — implicitly conceding the point that there are vast numbers of Hispanics working illegally.
The result? Hiring practices in illegal-immigrant-saturated industries are a form of play-acting: Millions of illegal workers pretend to present valid documents, and thousands of employers pretend to believe them. The law imposes no obligation on the employer to verify that a worker is actually qualified to work, and as long as the proffered documents are not patently phony, the employer will nearly always be insulated from liability merely by having eyeballed them. To find an employer guilty of violating the ban on hiring illegal aliens, immigration authorities must prove that he knew he was getting fake papers — an almost insurmountable burden.
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