Under Pres. Trump, the number of business owners and managers who face criminal charges for employing unauthorized workers has stayed almost the same, even as almost every other enforcement measure has surged.
The images of children crying after their parents were arrested in a massive immigration raid in Mississippi revived a longstanding complaint: Unauthorized workers are jailed or deported, while the managers and business owners who profit from their labor often go unprosecuted.
"The 'knowingly' term has proved to be a huge defense for employers," said Muzaffar Chishti, a senior fellow at the Migration Policy Institute."The employer says, 'I'm sorry, I didn't know they were unauthorized.'" The major exception was for managers. ICE arrested just 72 managers in the 2018 fiscal year, compared with 71 the year before. And 49 managers were convicted of crimes, down from 55 the previous year.
Those workers are sometimes victims of labor-trafficking schemes. They can be critical witnesses to prove businesses knew about their lack of legal status, except they may fear coming forward. Some opponents of the administration blame its immigration crackdown for deterring people from contacting law enforcement.
Thomas Saenz, president of the Mexican American Legal Defense and Educational Fund, argued that ramping up penalties for employing unauthorized workers was counterproductive. Instead, he said, the U.S. should better enforce workplace safety standards and prevent wage theft, reducing the incentive for unscrupulous businesses to hire unauthorized workers.
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