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THE MUSINGS OF A TRADITIONAL SOUTHERN DEMOCRAT

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Location: Douglas, Coffee Co., The Other Georgia, United States

Sid in his law office where he sits when meeting with clients. Observant eyes will notice the statuette of one of Sid's favorite Democrats.

Monday, August 15, 2011

'"La migra,' the Spanish term used to refer to immigration agents - Audits seem ineffectual since don't result in deportation of illegal immigrants.


From The Wall Street Journal:

[The federal government's audits of U.S. businesses], started by the Obama administration in 2009, put the onus on business to police workers, requiring companies to turn over employee records to federal agents. If the papers aren't in order, the workers are quietly let go without penalty while the companies are punished.

The audits, conducted by Immigration and Customs Enforcement, or ICE, a unit of the Department of Homeland Security, were initially hailed by some immigrant advocates as more humane because they eliminate deportation raids, the norm during the Bush administration.

But it has become increasingly clear that the policy is pushing undocumented workers deeper underground, delivering them to the hands of unscrupulous employers, depressing wages and depriving federal, state and local coffers of taxes, according to unions, companies and immigrant advocates.

Indeed, the audits draw flak from both proponents and opponents of an immigration overhaul. Rep. Lamar Smith (R., Texas), a leading voice among foes of giving illegal immigrants amnesty, deems audits ineffectual because they don't result in deportation.

"This means the illegal immigrant can walk down the street to the next employer and take a job that could go to an unemployed, legal worker," said Rep. Smith, who is chairman of the House Judiciary Committee.

In February 2009, ICE took the new White House administration by surprise when it raided an engine factory of Yamato Engine Specialists Ltd., in Bellingham, Wash., arresting more than two dozen undocumented workers. Yamato paid a $100,000 fine. The operation outraged some immigrant advocates who had expected a softer approach to work site enforcement from the new president.

Homeland Security Secretary Janet Napolitano ordered an internal review of the raid and on April 30 announced that ICE would follow a new approach "to target the root cause of illegal immigration." ICE later initiated audits of 654 companies.

The new strategy was showcased in Los Angeles that summer when ICE audited American Apparel. No agents stormed the premises. ICE delivered a written notice advising the company to turn over employee records—including federal I-9 worker eligibility forms—and warning it of potential fines. The clothing maker lost about 1,500 workers, more than a quarter of its work force, and paid about $35,000 in fines, said Peter Schey, the attorney who represented the company during the audit for what he said were "paperwork violations."

Under federal law, employers are obligated to ensure their workers are eligible to work in the U.S. However, many complain that workers present fake documents and companies don't have the ability to patrol them. They also fear discrimination suits for demanding additional documents from workers they suspect are in the country illegally.

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