For decades, America\u2019s immigration debate has revolved around border walls, asylum claims, and deportations. Today, it\u2019s about brutal killings of American citizens. But one crucial part of the painful discourse rarely gets attention: the employers who hire undocumented workers who face almost no consequences for doing so.<\/p>\n
Under the 1986 Immigration Reform and Control Act (IRCA), employers are required to\u00a0verify the employment authorization of all new hires and maintain proper records. The law\u2019s\u00a0\u201cEmployer Sanctions\u201d provision allows for civil fines and even criminal penalties against\u00a0businesses that knowingly hire people without authorization.<\/p>\n
In theory, that should discourage illegal hiring. In practice, it\u2019s barely enforced. When Immigration and Customs Enforcement (ICE) conducts workplace raids, the employees — those with the least power \u2014 are the ones arrested. The employers who signed their paychecks and looked the other way almost never face charges.<\/p>\n
It strains belief that companies employing dozens or even hundreds of undocumented workers do so \u201cunknowingly\u201d claiming that use of Form I-9, Employment Eligibility Verification, is sufficient. Many employers otherwise perform only superficial efforts at verification of legal status of employees, confident that enforcement agencies will target laborers, not management. Yet ICE agents interviewing those same workers can identify illegal workers with ease. Why can\u2019t the employers?<\/p>\n
Each year, thousands of undocumented workers are detained or deported. Yet, on average, only about a dozen employers are prosecuted for hiring them. That imbalance has turned employer sanctions into a hollow statute — and it sends a clear message: breaking immigration laws apply only to workers, not to those who exploit them.<\/p>\n
Both parties share the blame. For decades, Republican and Democratic administrations alike have lacked the political will to enforce the law against employers. Doing so risks angering powerful industries \u2014 from agriculture to construction to hospitality \u2014 that rely heavily on low-wage immigrant labor. If we truly want to address illegal immigration, the solution isn\u2019t worksite raids or more detention centers \u2014 it\u2019s accountability at the top.<\/p>\n
Incredibly, the Trump administration plans to hire 10,000 more ICE agents. Instead of sending them to round up desperate workers, why not assign them to investigate and prosecute employers who hire those workers in the first place? If businesses knew they could face heavy fines or jail time for employing undocumented labor, the incentive to hire illegally would vanish.<\/p>\n
Imagine the ripple effect: If there were no jobs awaiting them, far fewer people would risk their lives crossing deserts or paying smugglers to reach the border. Those who still come — fleeing violence or persecution \u2014 could still apply for asylum as the law intends.<\/p>\n
This change would also expose an uncomfortable truth: America\u2019s economy depends on immigrant labor. If employers could no longer rely on undocumented workers, they would have two choices — raise wages to attract U.S. workers or push Congress to expand legal, regulated work visa programs.<\/p>\n