Thursday, July 15, 2010

Policing Illegal Hires Puts Some Employers in a Bind

By Miriam Jordan, Wall Street Journal

Even as the Obama administration cracks down on companies that hire illegal immigrants, it is simultaneously going after employers that it says go too far in vetting job applicants to ensure they are entitled to work in the U.S.

The Department of Homeland Security currently is auditing employment records of many companies suspected of hiring undocumented workers. Yet in an emerging paradox for businesses, the Justice Department and other agencies have stepped up probes of employers—including restaurant groups, factories and retailers—for allegedly violating anti-discrimination laws by demanding too many identity documents from applicants who aren't U.S. citizens.

To fend off lawsuits or enforcement actions, several companies have recently reached out-of-court settlements with the government; in some instances they paid fines.

"The message is: Employers beware. You need to worry just as much about asking for too many immigration documents as you do about not asking for enough," said Stephen Yale-Loehr, an immigration-law scholar at Cornell University.


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