Check workers' status, lawyer says

Company owners are facing criminal charges for hiring illegal immigrants.
By DON SHILLING
VINDICATOR BUSINESS EDITOR
CANFIELD -- Area employers, beware -- the federal government is tracking down companies that use illegal immigrants.
Since April, government agents have been swooping down on such companies in what's called an ICE Storm, a name derived from the name of the lead agency, the U.S. Immigration and Customs Enforcement.
Susan Witt, a local lawyer, told employers today that raids can happen in any part of the country, to any size company.
"ICE is taking this extremely seriously," said the lawyer with Betras, Maruca, Kopp, Harshman and Bernard at a seminar at Tippecanoe Country Club.
Only a half-dozen people attended, which Witt said shows a lack of concern by area employers.
Company owners can no longer turn their head and pretend that they don't know the immigration status of their workers, she said.
"People say, 'We don't employ non-Americans.' How do you know that? Some non-Americans look just like you and me," she said.
In the past, some companies looked the other way or willingly hired illegal immigrants because the government levied small fines on offenders. Now, criminal charges are being filed, and property of company owners is being confiscated.
Witt pointed to a small bakery in Austin, Texas, with five workers. Agents shut down the business when a raid determined that all five were illegal immigrants with forged documents. The business owner wasn't charged because he wasn't aware of the fraud, but he suffered through the closing of his business during his morning rush hour.
Responsibility
Owners are responsible for spotting any reasonable problems with workers' immigration documents, such as poor lamination, Witt said.
She noted many other examples where business owners or managers were aware of fraud.
Owners of a restaurant chain in Baltimore had more than $1 million in homes, cars and jewelry confiscated after they were found to be using illegal immigrants and paying them low wages without overtime.
Witt said the government can confiscate property that is gained by profiting from employing illegal immigrants.
Criminal charges of money laundering and harboring illegal immigrants for commercial gain are being filed against owners and managers of companies.
Witt recommended that employers adopt a compliance program to make sure that its managers and human resource staff understand the documents that are required and how to store them. She cautioned that midlevel managers can be charged with crimes if they ignore signs that the company is using illegal immigrants.
She also advised the training of key personnel in how to handle a routine audit by ICE and to be careful when using temporary employment agencies that offer foreign workers. The Betras law firm works with an agency that provides documented workers from Romania, but some agencies have been charged with knowingly providing illegal immigrants, she said.
shilling@vindy.com