What You Need to Know About Hiring Illegal Workers

What You Need to Know About Hiring Illegal Workers
An illegal or undocumented worker is a person who is not authorized to work in the U.S. Pixabay/mohamed_hassan

An illegal or undocumented worker is a person who is not authorized to work in the U.S. This refers to an illegal alien who is situated in the United States without any authorization to be or work in the country.

The fact is, it is illegal to employ such workers. The only real penalty before was the risk of losing an employee to deportation.

The recent immigration enforcement raids that took place at several chicken-processing plants in Mississippi arrested and charged undocumented workers. On another side of the coin, what are the consequences for employers hiring unauthorized workers?

You may have heard that "if there is no risk, there is no reward." The adage may be true enough, but after a few short time running a business, employers grasp that risk comes in different shapes and sizes.

The U.S. government makes it crystal clear: No matter how useful are the benefits of hiring undocumented workers, it is illegal to do so. The penalties can be serious; a grave risk you should avoid at all costs.

Seemingly inexpensive, illegal workers, underage workers or child laborers used in hazardous activities can be the costliest labor force for an employer.

The Immigration and Naturalization Act was amended by the Immigration Reform and Control Act (IRCA) of 1986. This controls the entry of immigrants into the U.S.

Producers employing unauthorized workers do not exactly want to attract the attention of federal immigration agents.

Lynn, who owns a cozy restaurant in a city located in Missouri, her kitchen is staffed mainly with unauthorized Latino workers. She was asked how many eating establishments have unauthorized workers in the kitchen in her Midwestern city, she responded, "A hundred percent. You cannot hire Americans here."

It was 1986 when the worksite has become an enforcement site for immigration law. Employers were required to check the work authorization of every worker they hire.

The Immigration Customs and Enforcement (ICE) is responsible for immigration worksite enforcement. The federal agency developed what it characterizes as a "comprehensive worksite enforcement strategy."

Undocumented workers contribute to at least 10 percent of the hospitality industry and 13 percent of the agriculture industry. Without undocumented labor for a day, it would be a huge hit to the profits of the restaurant industry, and some experts predict that the price of food will increase by up to six percent.

The Immigration Reform and Control Act (IRCA) is a federal law that restrains businesses from decidedly engaging in illegal activities, including:

  • Hiring undocumented immigrants
  • Recruiting undocumented immigrants
  • Referring illegal aliens to work in the U.S.
This law also applies to all employers, notwithstanding the size of their business.

    Its 1986 amendment was enacted to stem the flow of illegal immigrant workers to the U.S., particularly from Mexico.

    An undocumented worker may also refer to those who do have permission to be here but not permitted to work here. It could be someone allowed to be here as a tourist or a student, but not authorized to work. This also includes anyone, legal or illegal, that is paid "under the table."

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