Friday, August 9, 2019

Jail Time for HR: Lessons from the ICE Raids in Mississippi

The HR people at the food processing plants in Mississippi face possible criminal prosecution under state law.
Here is the short story. 
Federal law (IRCA [Immigration Reform and Control Act of 1986]) requires employers to verify the legal status of job applicants when hiring people. Common documents are driver’s licenses, passports, and birth certificates.
The federal government has a voluntary online verification system, called E-verify. You can check your own eligibility there. It’s quick—a lot like a quick credit report check.
Why isn’t it a federal requirement? Because it has lots of false positives for unauthorized to work. People who change last names when they marry or divorce come up as false positives. So do people with hyphenated names or names with spaces, such as “De Rosa.”
Many red states require e-verify—and further, they impose serious criminal sanctions on employers who violate the state immigration law.
In Mississippi, the law requires e-verify. Stop and think: How did these companies hire so many people if they were e-verified?
The state law says:
“It shall be a felony for any person to accept or perform employment for compensation knowing or in reckless disregard that the person is an unauthorized alien with respect to employment…
Upon conviction, a violator shall be subject to imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years, a fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars $10,000.00), or both.
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Should someone who recklessly or knowingly hires an unlawful alien be imprisoned for 1-5 years? That is a question for us to consider. 

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