Some Believe that Employers Intentionally Hire Undocumented Workers

On March 10, 2011, the Judiciary Committee in the Kansas House of Representatives held a hearing on HB 2372. A that bill would make potential criminal liability for Kansas employers who employ undocumented workers.

Here are a few of the quotes from people who testified in favor of the bill:

Employers “hire illegal immigrants knowing full well what their immigration status is.”

“The pocketbooks of businesses and individuals in Kansas have benefitted by hiring illegal immigrants.”

“Businesses want to look the other way and claim that the problem is illegal aliens who lie.”

Pat’s Take:

Immigration Law & Public Perception

In my experience, an overwhelming majority of employers do not intentionally hire undocumented workers. Employers hire workers who are qualified for the positions being offered. In my opinion, employers hire most undocumented workers because the worker is qualified for the position and he/she presents high quality fraudulent documents to prove identity and work authorization during the I-9 process.

Unfortunately for employers, they are always fighting the perception from a portion of the population that they are intentionally hiring undocumented workers in order to maximize profits. Not only should employers do their best to comply with immigration law to avoid fines and jail time, employers should also maintain immigration compliance in order to fight public perception that businesses are in the “business”of violating immigration law.

Kansas Businesses Beware

If your business operates in Kansas, it is in your best interest to contact your legislators and voice your opposition to HB 2372.

Pat Mack Corporate Immigration Attorney Recommended Training