The Facts On No-Match

Since the Bush Administration announced tougher enforcement of the border and stiffer fines for those who employ undocumented workers, labor has been making headline news, as growers speculate about their ability to have the necessary workforce during harvest season. Those who were disappointed that immigration reform failed are now even more concerned, stuck in the legal limbo that is left behind.

Words From The White House

The announcement of stricter enforcement has left many questioning just where they stand and what they should be doing. In August, the White House Office of Communications published a fact sheet called Improving Border Security and Immigration Within Existing Law. It lays out what areas will be policed more strictly. Of particular concern, to many employers, are the “no-match” letters sent when an employee’s Social Security Number doesn’t match up with federal records. The ruling, called a “safe harbor for employers,” is making some feel far from safe.

In regards to no-match, the White House document states: “In cases in which an employer has a significant number of employees with inaccurate personal identity information, the Social Security Administration will send the employer a no-match letter. The regulation clarifies that employers may be held liable if they ignore the no-match problems by failing to take specified steps within 90 days of receiving the letter.”

Fewer Documents And Higher Fines

The number of documents a person can use to verify identity also will be reduced. Currently, 29 categories of documents can be used to prove identity and work eligibility. The Administration has said that number is too high and employers have little capacity to verify the authenticity of such documents. The number of acceptable documents will be reduced, though that number has not yet been announced.

The Department of Homeland Security (DHS) will being raising civil fines by 25% on employers who knowingly hire illegal immigrants. Fines could range from $250 to $10,000 per undocumented worker. The White House document lays out strong language stating: “Efforts to secure the border will fail unless the ‘magnet’ that attracts illegals is turned off. Unfortunately, the fines for relying on illegal workers are so modest that some companies treat them as little more than a cost of doing business. DHS will use existing authority to update civil fines for inflation in order to boost fines by about 25%, as much as is allowed under current law.”

Restraining Order

In September, questioning the legality of the federal government’s crackdown on undocumented labor, U.S. District Court Judge Maxine Chesney issued a temporary restraining order on the implementation of the no-match rule. This month a preliminary injunction hearing is scheduled to continue blocking the rule until trial. The ruling did stop thousands of no-match letters going out in Mid-September. The action comes in response to a suit filed by AFL-CIO,  ACLU, and other labor groups.

“This is a crucial and significant first step in challenging this rule, which would be a bureaucratic and costly nightmare for employers and many U.S. citizens and other legally authorized workers,” says Lucas Guttantag, director of the ACLU’s Immigrants’ Rights Project.

Sides Square Off

Immigration has become arguably one of the most divisive issues in the nation. Some hardliners advocate closing the border and mass deportation, while others argue the country needs the immigrant workforce and point to the human toll such actions could produce.

Regardless of whether the recent action taken by the Administration represents a crack down or simply enforcement current law, the fact remains 839 illegal aliens were deported in August from Florida by U.S. Immigration and Customs Enforcement (ICE) officers. Many growers are left to worry whether or not their investments and hard work in producing Florida’s leading crops will be allowed to go unharvested and wither in the fields and groves. Some say it will take such a calamity to force the nation to come to terms with immigration reform.