Immigration and Employers

On July 2, The Wall Street Journal noted a shift in immigration enforcement under the Obama administration. Specifically, the Obama White House has targeted “hundreds of companies suspected of employing illegal immigrants, signaling a shift in strategy: going after employers instead of workers.”

Given the Obama White House’s view toward business thus far, this is not surprising. Unfortunately, though, this periodically has been the take on immigration enforcement served up by the federal government for more than twenty years now.

The Journal noted that this latest shift does not help the workers involved: “While the new enforcement approach isn't set up to trigger immediate deportations, it is still likely to unsettle immigrant communities. ‘The net effect for workers is nearly the same: They lose their economic lifeline. They may not be deported but they may have to relocate,’ said Craig J. Regelbrugge, the co-chair of Agriculture Coalition for Immigration Reform, an association of agricultural producers.”

One of the targets is a California-based company:

American Apparel -- founded and run by a Canadian emigrant to the U.S., Dov Charney -- has been one of the most outspoken proponents of changing U.S. immigration laws. Many of its stores post signs and sell T-shirts that read "Legalize L.A.," a reference to the city's many undocumented workers. Mr. Charney said in a statement Wednesday that the company hoped the employees "are able to confirm their work authorization so that they may continue to work at American Apparel."

Near the end of the article, it was noted: “It remains to be seen how much pressure the new policy could put on employers.”

Charney is right to, in effect, emphasize that it should not be the responsibility of business owners to verify the legal status of workers. It is the federal government’s job to guard the borders and regulate entrance into the nation. Just because the laws are misguided and the government has failed to do its job are not reasons to hoist additional costs onto the backs of America’s small businesses.

Comprehensive immigration reform is needed. But that certainly does not mean ramping up the demands on America’s entrepreneurs as immigration police. Instead, it’s time to remove the duties of policing immigration from the business community, and give it back to the federal government.

Raymond J. Keating
Chief Economist
Small Business & Entrepreneurship Council