The majority of undocumented immigrants who work in the US still work “on the books.” That means that these workers have provided some sort of I-9 fulfilling documentation of their ability to work legally, typically falsified green cards, for which a thriving industry still exists.
This is important, because our implementation of immigration enforcement still sucks, and Trump hasn’t made it better (ICE under Obama didn’t help things, either.)
See, right now, an old law still exists and is still holding sway. That law says that an employer has fulfilled his/her duty to ensure that all workers he/she hires are legally able to work by simply making sure that I-9 forms are properly filled out and stored on-premise for inspection, and that proof that supporting I-9 documentation has been viewed is also available. For most employers, that means a splotchy xerox of a Permanent Resident Alien Card and a Social Security Card of unknown provenance.
“But wait!” you say. “We solved this!” You’re right! Better living through technology. An employer now can call in documentation on a phone, or enter it onto a computer for verification by ICE. And to be fair, there are a lot of national employers who do that.
So…what’s the problem? Well, sometimes that verification can grind slowly. An employer may not hear back from ICE for a week or two. These aren’t tech jobs. These are tight margin jobs where employers aren’t hiring workers unless there’s immediate, often urgent need. Asking the employer to wait a week or more to get verification isn’t a realistic option for some of these employers, so they don’t use it. It’s much easier for them to cover their own asses by xeroxing documentation and getting a worker started.
The other issue is one that was used a few times in the Obama era, got put on hold, but has now emerged as a very big thing in the Trump era: verification becoming grounds for ICE raids. Let’s say you run a meat-processing factory and you submit 20 social security numbers for verification before a busy season arrives. 8 of those SSNs come back as bad ones, do not hire. OK. No problem. You don’t hire those 8 people. But now the bad side: ICE uses the existence of those 8 bad submissions to suspect that maybe they’ll find undocumented workers currently employed at your factory, and they raid you. This disrupts your business, and may result in workers being fairly and unfairly detains, further damaging your operation.
You manage that factory. You pay a fair, industry standard wage to all your employees. You offer benefits. You pay payroll taxes, and withhold income tax, social security tax, and all other social welfare taxes from employees, paying them as required.
So. How are you going to handle your verification of legal ability to work? The old way of documentation and storage and go get 'em tiger…or the way that may end up disrupting your business operations for weeks or months?
When we talk immigration reform, those are the issues on the ground that actually need to be worked out. And they are issues that require nuance and not demonizing, that require careful application and input from all stakeholders in this. Which…yeah, government doesn’t do too well.