Earlier this summer, President Trump’s Agriculture Secretary, Brooke Rollins, made a bold statement about wanting a “100% American Workforce.” She emphasized that the president is serious about deporting everyone who is in the country illegally.
Now, from the perspective of the Department of Homeland Security, hiring someone without a background check might seem straightforward. Just take a glance at the Employment Qualification Verification Form, and if everything looks normal, the assumption is this person can work legally. Yet, you could stash that document away and forget about it, or, at least, until immigration officials come knocking at your workplace. If they do come, and that employee gets caught up in an enforcement sweep, you could, theoretically, replace them using the same process and keep things rolling.
It’s a rather convenient setup for employers.
But you’d think employers would face some repercussions for such actions. Surprisingly, that doesn’t happen often. Since 1986, immigration enforcement has rarely criminally pursued companies. In fact, reports show that fewer than 25 employers have been charged for violations in any given year, and only a handful have been convicted. Employers often escape serious consequences unless there are clear patterns of wrongdoing.
Take, for instance, the 2008 raid on a meat processing plant in Postville, Iowa, where almost 400 workers were arrested. The owner faced accusations related to employing undocumented workers, fraud, and identity theft, but eventually had immigration charges dropped against him.
This situation serves as an example, revealing a broader trend in enforcement practices.
That said, employers can still face penalties. In 2018, a meat packaging operation in Bean Station, Tennessee saw 97 workers detained. The owners faced serious charges, such as fraud and violating labor laws. One of them was sentenced to 18 months in prison, a punishment viewed as particularly severe for an employer after an ICE raid.
Interestingly, ICE has a pronounced focus on meat packing plants. Earlier this year, they conducted a sweep in Omaha, detaining 100 workers. The owner questioned why workers would use fake IDs when they could obtain visas, expressing confusion about the situation.
But that raises an important question: Did he really not know they were using fraudulent documents? Legally speaking, “deliberately hiring an unqualified worker” entails both an explicit and a more nuanced understanding of the employee’s qualifications.
According to Black’s Law Dictionary, “constructive knowledge” refers to what a reasonable person should be aware of, meaning an employer might have inferred knowledge based on certain indicators. This is underscored in legal contexts, where a defendant may be seen as consciously avoiding what they are likely already aware of.
As reported by the Pew Research Center, around 8.3 million undocumented individuals are working in the U.S., presenting a unique challenge for employers who might choose to overlook their legal status. Essentially, this seems to be supported by the Department of Homeland Security and the streamlined hiring process that allows such practices.
Unfortunately, the ones truly suffering are those 8.3 million undocumented individuals, who live in fear of arrest, imprisonment, and eventual deportation.
In the end, it feels like both employers and employees should bear some responsibility in this dynamic, as the current situation seems unfair to many.
