How would immigration authorities prove that an employer KNOWINGLY hired an illegal alien?

Question

Couldn't the employer just claim they didn't know that the employee was in the United States illegally?

Answer 1

Because they are required to complete the federal I-9 immigration form that requires 2 official documents on a list be copied and the form is sent to Homeland security.

If the documents come back fake they can report the illegal.

If they fail to obtain the I-9 or the person does not have the required documents, they don't get hired.

Answer 2

People hired must have proof of identity, social secirity numbers, these itmes MUSTR be furnished because ALL employees are required to pay TAXES on their income. The feds require proof from them all. If they don't do this, employers are BREAKING THE LAW and subverting the rules. HIDING from the government in other words...it's as simple as that.

Answer 3

When taking on a new employee, the employer must complete an I-9 for each new hire (this must be done within 3 days of hiring a new employee). The I-9 lists a number of documents that the employee can show to establish their legal eligibility to work.

It is the responsibility of the employer to verify the provided information to ensure that the new hire is indeed legal to work (eg that they have not submitted a fake drivers license or social security number).

Should the employer be subject to an audit by the Department of Labor, and an employee is found to be an ineligible or unauthorized to work in the US, the burden of proof lies with the employer, not the DoL (i.e. the DoL doesn't have to prove that the employer knowingly hired an unauthorized individual, the employer has to prove that they didn't know they hired an unauthorized individual). If the employer didn't perform any checks, then they are at fault, not the individual.

I know it does seem a bit unbalanced, that the employer is at fault when an illegal alien is working for them, but that's the way the law is written. Of course, the illegal alien is still guilty of various other laws, but the employer is still accountable for some things.

Answer 4

Most legitimate employers would make a photocopy of the new-hire's drivers license or ID card.

Answer 5

They don't have to; the presumption of innocence only applies to capital offenses, most of your civil law falls under Napoleonic Code.

Answer 6

Not if they would require employers to validate a person's social security number before hiring someone.

Answer 7

because you have to fill out paper work before you get a job...and then you pay taxes. CRIMINAL immigrants do not do this