Employers Could Admit to ‘Knowingly’ Hiring

Young immigrants applying to Deferred Action for Childhood Arrivals (DACA) must prove that they have lived in the US for at least five years, and one way to obtain evidence is to ask employers to supply proof of job status. However, employers who consent might also be admitting that they ‘knowingly’ hired an unauthorized worker, which violates federal law.

Low Figures

There are an estimated 1.2 million young immigrants who are eligible for DACA, but since Aug. 15, when US Citizenship and Immigration Services (USCIS) began accepting applications, the Department of Homeland Security (DHS) has only received over 82,000 applications. Figures are lower than predicted, partly because of unforeseen drawbacks in DACA guidelines.

If young immigrants receive eligibility for DACA, they receive deferred action and legal work permits; but they do not receive legal immigration status. While DACA does not lead to a ‘green card’, in most states, applicants are eligible for a driver’s license, a huge benefit.

‘Knowingly’ Hiring and New DACA Guidelines

In order to be eligible, young immigrants must be enrolled in school or have a high school diploma, which may present a dilemma for employers and applicants alike. Many employers rely on low-wage labor in order to run their businesses, and many employees are young immigrants who must work in order to pay for university, or who were forced to drop out because they couldn’t afford university costs. It is estimated that 740,000 working immigrants are eligible for DACA.

USCIS, a division of DHS, made addendums to the DACA guidelines, confirming that employers can help verify DACA applicants. Evidence of knowingly hiring unauthorized workers will not be revealed, “unless there is evidence of egregious violations of criminal statutes or widespread abuses,” the guidelines state. All DHS enforcement resources are being directed towards threats on public safety.  However, the term ‘egregious violations’, has not been defined in the guidance.

DACA guidelines ask applicants to provide any Social Security numbers (SSN) they have previously used. Falsification of SSNs, whether they are fake numbers or real numbers belonging to someone else, is a common occurrence and can be seen as evidence of fraud or identity theft. However, the new guidelines state that the form is only inquiring about numbers, “that were officially issued to you by the Social Security Administration.”  Hence no disclosure of social security numbers is required if the number was not specifically applied for by the applicant. This is a huge relief for E-verify employers, who may reduce the possibility of facing social security mismatches and tentative non-confirmation messages from the Social Security Administration.

The bottom line is that no DACA applicant will be given immunity, but DHS is not interested in using the application as a means to discover individuals who may have abused federal law in an employee-employer relationship.

(NYTimes, “Deportation Deferrals Put Employers of Immigrants in a Bind”, 9/26/2012)

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Tara Mahadevan

Copyright 2012. All rights reserved.

Related Articles:

Post Footer automatically generated by Add Post Footer Plugin for wordpress.

Social Share Toolbar
Facebooktwittergoogle_pluslinkedinrssyoutubeby feather
Facebooktwittergoogle_plusredditpinterestlinkedinmailby feather

Leave a Reply

Your email address will not be published. Required fields are marked *