Immigration-Related Worksite Enforcement: Performance Measures [August 7, 2013]   [open pdf - 297KB]

"In 2009, the Department of Homeland Security (DHS) issued new guidance on immigration-related worksite enforcement. Under the guidelines, DHS 'will use all available civil and administrative tools, including civil fines and debarment, to penalize and deter illegal employment.' According to 2010 estimates, there are some 8.0 million unauthorized workers in the U.S. civilian labor force. DHS's U.S. Immigration and Customs Enforcement (ICE) is responsible for immigration-related worksite enforcement, or enforcement of the prohibitions on unauthorized employment in Section 274A of the Immigration and Nationality Act (INA). The INA Section 274A provisions, sometimes referred to as employer sanctions, make it unlawful for an employer to knowingly hire, recruit or refer for a fee, or continue to employ an alien who is not authorized to be so employed. Today, ICE's worksite enforcement program is focused primarily on cases that involve critical infrastructure facilities and cases involving employers who commit 'egregious violations' of criminal statutes and engage in worker exploitation. [...] Enforcement activity by the Department of Labor (DOL) is also relevant to a discussion of federal efforts to curtail unauthorized employment. DOL, which is responsible for enforcing minimum wage, overtime pay, and related requirements, focuses a significant percentage of its enforcement resources on low-wage industries that employ large numbers of immigrant--and presumably large numbers of unauthorized--workers."

Report Number:
CRS Report for Congress, R40002
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