Immigration Work Site Enforcement
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Transcript of Immigration Work Site Enforcement
AFL-CIO Immigration University
WORKSITE ENFORCEMENT
EVERYONE AGREES: REFORM NOW
Ch i ps are st ac ked a ga inst worke rs at t h e barga ini ng t abl e
L ower t ax ra te s for t h e 1%
High er edu c at i on is a Ca tc h -22 fo r famil ie s
No commo n-s ens e immig ra ti on pro ces s exis t s
WHO BENEFITS FROM STATUS QUO?
Comprehensive immigration reform: Stops driving down wages Ends the underground economy that tramples on immigrant workers’
rights Protects good jobs & rewards high-road employers Boost our economy & creates jobs
THE SOLUTION
THE CAMPAIGN FOR
CITIZENSHIP
Throughout America’s history, people around the world have moved here to work hard in order to make life better for the next generation.
We need a process that reflects the values our nation was founded on – one that rewards people who work hard and make a contribution to our communities and protects ALL workers.
COMPREHENSIVE IMMIGRATION REFORM
Roadmap to
Citizenship
Future Flow
Interior Enforceme
nt
Border Enforceme
nt
1. Fair adjustment of status through a roadmap to citizenship
2. Effective work authorization mechanism
3. Rational, humane control of the border
4. Independent commission to assess labor market shortages
5. Improvement, not expansion, of temporary worker programs like the H1-B and H2-B programs
LABOR’S UNITY FRAMEWORK
WHITE HOUSE PRINCIPLES
Continue to strengthen border security
Crack down on employers who hire undocumented workers
Create a roadmap to citizenship
Streamline our legal immigration system
SENATE “GANG OF 8” PRINCIPLES
Create a tough but fair path to citizenship for unauthorized immigrants currently living in the United States
Reform our legal immigration system in a way that will help build the American economy
Create an effective employment verification system that will prevent identity theft and end the hiring of future unauthorized workers
Establish an improved process for admitting future workers to serve our nation’s workforce needs, while simultaneously protecting all workers
Defined as all enforcement not done at the border
By employers: Worksite verification through inspection of documents and E-verify
By governments: Usually local and state governments in conjunction with ICE via S-
COMM & 287(g) agreements, which have made communities afraid to report crime
Racial profiling provisions such as 2(b) of Arizona’s SB 1070
INTERIOR ENFORCEMENT
Local-levelGovernmentEnforcement
A LOOK AT THE STATUS QUO
Pol ic ie s l i ke S-C omm and laws l i ke SB 1070 ma ke i mmi g rant s afra i d to report cr i mes or h ave any i nte rac t io n w i t h lo ca l g overnme nt s
CLIMATE OF FEAR
Despite “prosecutorial discretion” policy, ͌ 45% of those deported have no criminal record or have committed only minor offenses
SO-CALLED DISCRETION
Pol ic ie s , laws ef fe ct ive ly enc ou ra ge pro f i l i ng
RACIAL PROFILING
Th ou sa nds of U.S . c i t i ze n ch i ldren i n foster c are
FAMILIES TORN APART
WorksiteEnforcement
A LOOK AT THE STATUS QUO
Employers aren’ t h el d ac co u nt able
SLAP ON THE WRISTS
Employers fre qu ent ly mi sc l assi fy worke rs as i ndepende nt co nt rac to rs to ski rt t h e l aw
1099-MISC
E-verify without a roadmap to citizenship creates a costly system that’s ineffective
Costs small businesses $2.6 billion to use It’s 54% inaccurate; false negative errors more likely to occur
with foreign-born employeesMandatory e-verify without a roadmap to citizenship leads to
more misclassification
E-VERIFY
Employers sometimes use I-9 audits to chill workplace disputes or organizing campaigns
Modern-day version of “raids”Alert ICE, DOL and the employer in the case of an audit during
organizing driveContact AFL-CIO Immigration Team for assistance during an I-
9 audits
I-9 AUDITS
Reform that Works
REFORMING WORKSITE ENFORCEMENT
Restore community trust & eliminate drain on local jurisdictions
Hold employers accountable for violationsMake government, not employers, the agents policing
immigration Implement tamper-proof documentsClose loopholesCreate universal system that everyone usesOne-time verification at hiring, NOT during union organizingPart of comprehensive solution that includes roadmap to
citizenship
REFORM
QUESTIONS? THOUGHTS?Contact: Jenn [email protected]