immigration work site enforcement

AFL-CIO Immigration University

WORKSITE ENFORCEMENT

EVERYONE AGREES: REFORM NOW

Ch i ps are st ac ked a ga inst worke rs at t h e barga ini ng t abl e

L ower t ax ra te s for t h e 1%

High er edu c at i on is a Ca tc h -22 fo r famil ie s

No commo n-s ens e immig ra ti on pro ces s exis t s

WHO BENEFITS FROM STATUS QUO?

Comprehensive immigration reform: Stops driving down wages Ends the underground economy that tramples on immigrant workers’

rights Protects good jobs & rewards high-road employers Boost our economy & creates jobs

THE SOLUTION

THE CAMPAIGN FOR

CITIZENSHIP

Throughout America’s history, people around the world have moved here to work hard in order to make life better for the next generation.

We need a process that reflects the values our nation was founded on – one that rewards people who work hard and make a contribution to our communities and protects ALL workers.

COMPREHENSIVE IMMIGRATION REFORM

Roadmap to

Citizenship

Future Flow

Interior Enforceme

nt

Border Enforceme

nt

1. Fair adjustment of status through a roadmap to citizenship

2. Effective work authorization mechanism

3. Rational, humane control of the border

4. Independent commission to assess labor market shortages

5. Improvement, not expansion, of temporary worker programs like the H1-B and H2-B programs

LABOR’S UNITY FRAMEWORK

WHITE HOUSE PRINCIPLES

Continue to strengthen border security

Crack down on employers who hire undocumented workers

Create a roadmap to citizenship

Streamline our legal immigration system

SENATE “GANG OF 8” PRINCIPLES

Create a tough but fair path to citizenship for unauthorized immigrants currently living in the United States

Reform our legal immigration system in a way that will help build the American economy

Create an effective employment verification system that will prevent identity theft and end the hiring of future unauthorized workers

Establish an improved process for admitting future workers to serve our nation’s workforce needs, while simultaneously protecting all workers

Defined as all enforcement not done at the border

By employers: Worksite verification through inspection of documents and E-verify

By governments: Usually local and state governments in conjunction with ICE via S-

COMM & 287(g) agreements, which have made communities afraid to report crime

Racial profiling provisions such as 2(b) of Arizona’s SB 1070

INTERIOR ENFORCEMENT

Local-levelGovernmentEnforcement

A LOOK AT THE STATUS QUO

Pol ic ie s l i ke S-C omm and laws l i ke SB 1070 ma ke i mmi g rant s afra i d to report cr i mes or h ave any i nte rac t io n w i t h lo ca l g overnme nt s

CLIMATE OF FEAR

Despite “prosecutorial discretion” policy, ͌ 45% of those deported have no criminal record or have committed only minor offenses

SO-CALLED DISCRETION

Pol ic ie s , laws ef fe ct ive ly enc ou ra ge pro f i l i ng

RACIAL PROFILING

Th ou sa nds of U.S . c i t i ze n ch i ldren i n foster c are

FAMILIES TORN APART

WorksiteEnforcement

A LOOK AT THE STATUS QUO

Employers aren’ t h el d ac co u nt able

SLAP ON THE WRISTS

Employers fre qu ent ly mi sc l assi fy worke rs as i ndepende nt co nt rac to rs to ski rt t h e l aw

1099-MISC

E-verify without a roadmap to citizenship creates a costly system that’s ineffective

Costs small businesses $2.6 billion to use It’s 54% inaccurate; false negative errors more likely to occur

with foreign-born employeesMandatory e-verify without a roadmap to citizenship leads to

more misclassification

E-VERIFY

Employers sometimes use I-9 audits to chill workplace disputes or organizing campaigns

Modern-day version of “raids”Alert ICE, DOL and the employer in the case of an audit during

organizing driveContact AFL-CIO Immigration Team for assistance during an I-

9 audits

I-9 AUDITS

Reform that Works

REFORMING WORKSITE ENFORCEMENT

Restore community trust & eliminate drain on local jurisdictions

Hold employers accountable for violationsMake government, not employers, the agents policing

immigration Implement tamper-proof documentsClose loopholesCreate universal system that everyone usesOne-time verification at hiring, NOT during union organizingPart of comprehensive solution that includes roadmap to

citizenship

REFORM

QUESTIONS? THOUGHTS?Contact: Jenn KauffmanJkauffman@aflcio.org202-637-5299