No-Match Delayed Indefinitely, But It’s No Time to Relax
by Richard Stup
The proposed new No-match rules have been put aside for the time being. A federal judge ruled that the potential damages to innocent people outweighed the Department of Homeland Security’s need to implement the rule. So the proposed no-match rule is put off indefinitely. It may end up in a battle that eventually goes to the Supreme Court. For more on this topic, visit this article from Workforce Management newsletter.
So, does this mean farm employers can rest easy? Hardly. Homeland Security is still using all means available to them to enforce current law and put pressure on employers. All employers should make sure that they have properly completed I-9 forms for all employees.
It is also important for employers to understand that there is a difference between “knowingly” and “unknowingly” employing people who are unauthorized to work in the U.S. The Society for Human Resource Management recently reported on the felony conviction of a retail business owner and his employee who “knowingly” employed illegal immigrants. They were convicted of encouraging these unauthorized persons to remain in the U.S. and “participating in a conspiracy to conceal, harbor and shield these workers from detection.” The result was significant jail time for both the business owner and the employee.
I write this note not to scare employers but to inform them of the risks they run of “knowingly” employing illegal aliens. It’s one thing to employ people who have shown you documentation that appears authentic, but it is a different thing altogether to engage in activities to conceal and continue to employ people that you have substantial reason to believe are here illegally. Please be very diligent in your review of your employees’ authorization to work.
The Professional Dairy Managers of Pennsylvania and Dairy Alliance are coordinating action group meetings to discuss these issues and how you can get involved and have a positive impact. Please contact PDMP or myself if you would be interesting in hosting such a meeting in your area.
Visit this Dairy Alliance website for more on the Immigration Issue.