ICE going easy on illegal immigrant employers?

By Susan Carroll
Houston Chronicle

In the past, ICE had faced criticism for raiding job sites and rounding up large numbers of illegal immigrants for deportation, but not necessarily building cases against employers. With the audit initiative, ICE aims to scrutinize the hiring records of more businesses and impose what top officials describe as “tough” and “smart” employer sanctions.

But ICE audit records obtained recently through a Freedom of Information Act request show that the agency has, in many instances, failed to punish companies found to have significant numbers or high percentages of workers with questionable documents. In response to the public records request, ICE provided limited details on about 430 audit cases listed as “closed” by the agency through February.

Several gray areas

Immigration experts said some cases that seem egregious on the surface, like the company with 93 percent of its workers providing suspect documents, may actually have complied with the letter of the law and not be subject to penalties.

“You could have a vast majority of workers ultimately be found to be in undocumented status and yet still have a good faith employer simply because of the way the system works,” said Charles Foster, a Houston immigration attorney who specializes in employer compliance.

Foster said an employer cannot require more than a Social Security card that looks “reasonably genuine” on its face, or he risks committing an unfair employment practice.

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