Hiring the Undocumented

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Felecia Rodriguez
October 14, 2012
BUS 351/502

Felecia Rodriguez Professor Bonsky
“BUS 351/502”
14 October 2012
Hiring the Unknown
Regulate the provisions of hiring Immigrants
The labor laws for immigrants have changed over the past six decades. The definition of an immigrant is a person who leaves one country to settle permanently in another (“Immigrant”). Immigrants come to America to have a better life. When companies are searching for potential employees, applicants may include immigrants. Companies then should take the time to insure the legal status of their potential employee. Companies should not be permitted to hire undocumented workers due to the following reasons (1) Companies who hire undocumented workers seem to believe it has a higher leverage over its rival company. (2) Companies feel by hiring undocumented workers they have a wage impact with results in increase in supply of substitute factor input. With this factor, the employer can file the undocumented worker and limit the undocumented workers employment opportunities (accepting a lower wage than his/her productivity). (3) Although companies considered the hiring of undocumented workers beneficial, The Department of Homeland Security is currently undergoing a “silent raid” requesting companies to submit their hiring records for inspection.

In 1952, The Immigration and Nationality Act admitted only a certain number of immigrants of each nationality. The U.S. Department of State provides the background of how the Act was formalized. According to The U.S. Department of State, “Republican Senator from Nevada Pat McCarren and Democrat Congressman from Pennsylvania Francis Walter, expressed concerns that the U.S could face communist infiltration through immigration and assimilated aliens could threaten the foundations of American life”. The basis of the Immigration and Nationality Act at that time was to introduce a specific system of preferences based on the skills and family reunification. In 1952, the act ended the Asian exclusion from immigrating to the U.S. According to The U.S. Department of State, “This Act only allotted each Asian nation, a minimum quota of 100 visas each year, and eliminating laws preventing Asians from becoming naturalized American citizens”.

It might be hard to imagine only having a minimum of 100 visas issued each year for each Asian nationality. In today’s society there is a continuing influx of illegal immigrants. Immigrants from Mexico can go through a fence and cross the border to the U.S. Majority come to the U.S. looking for easy work such as construction work, housekeeping, and lawn services. This statement is seen as stereotyping, it depends on the immigrant’s status. Rather that particular immigrant is an documented worker doing what he/she only knows how to do or it’s all that is presenting to them when looking for a job. Another assumption is an immigrant crossing state lines as an undocumented worker looking for a job “under the table job” or jobs that do not require much background of he/she.

In 1986, The Immigration Reform and Control Act officially became a law to enforce employers to check the status of immigrants. Employers who hire an undocumented worker knowing he/she is undocumented will face penalties along with the illegal immigrant. The Reform Act presented the following to ensure “authorized employment”. The Reform Act states, “(1) Social Security Account number card (except “not valid for employment”) (2) An certificate of birth in the United States (notarized) (3) certificate of birth aboard issued by the Department of State of the United States (DS form DS-1350) (4) An unexpired refugee travel document (INS form I-4571) ; (5) unexpired re-entry travel document (INS form I-327)” ( Robinson and Gilbertson 662 ).

Rather, it involves these particular scenarios or a different scenario companies...
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