Immigration Meltdown

A lot of folks believe immigration reform is much needed.  It’s a presidential campaign issue.  It’s also an employment law issue.  It’s an issue that increasingly impacts almost every workplace.

But immigration reform won’t occur until after the November election, if it occurs then.  What’s happening now is an immigration crackdown of sorts.  It’s perhaps better described as an immigration meltdown.

A crackdown is needed in some respects.  There are laws, after all, currently on the books that need to be enforced.  But the enforcement is often inconsistent, leaving immigrants in a pickle.  Whether you care or don’t care if immigrants are left in a pickle, inconsistent enforcement of the law is wrong.  And it’s not just illegal immigrants who’re in a pickle, it’s employers as well.  Employers need immigrant labor, but employers who hire immigrants may find themselves facing criminal charges.  Moreover, employers who go too far in trying to avoid illegal immigrants may find themselves facing national origin discrimination complaints.  Federal contractors will eventually have to E-verify their employees to make sure no illegals are on the payroll, but that requirement doesn’t even apply to the vast majority of employers in the country. 

States are also getting tough.  Some immigrants, desperate for jobs, claim they come to the U.S. under false pretenses–someone else’s false pretenses.  New information shows that immigrants sometimes die while being detained.  While immigration prosecutions have hit a new high, there’s little evidence that illegal immigration has been reduced.  Illegal immigrants are now involved in gang violence.  Immigrant suicides are increasing.  Immigrant relatives have wrenching reunions through border fences.  There have been serious delays in immigrant identification.  Even immigrants who play by the rules have a hard time.  Yep, it’s pretty much a meltdown.

America is often called a land of immigrants.  The better 21st century appellation is a place of immigrant landmines.  And there doesn’t seem to be a light at the end of the tunnel.  McCain and Obama give increasingly meaningless answers to questions about immigration–what should be one of the most important issues in this campaign.  It’s become too hot an issue to address it seems.  Oh well, let’s muddle along from one immigration crisis to another until ’09.  Then we’ll see if the White House or the Congress has the political gumption to deal with a critical problem for our country and our workplaces.

Given the immigration mess, if you employ immigrants and if you haven’t consulted with your lawyer in a while about what you should and shouldn’t be doing, it’s time for you to have a meeting. 

1. 

   John Phillips says:

   July 3, 2008 at 9:00 am

   Thanks for the mention.