By Kathy Ruff
Business Journal Correspondent

Employees beware.
If Pennsylvania legislators have their way, the state would crack down on illegal immigrants working in Pennsylvania by instituting policies to deter employers from hiring them.

Supporters hope an immigration reform package, “National Security Begins at Home,” will encourage Congress to secure the nation’s borders and shut off jobs and public benefits that attract illegal immigrants to cross the border.

Rep. Daryl D. Metcalfe, R-Butler, introduced three bills in the package.

“I think it’s incumbent upon state government to exercise its rights to be a voice for the 12-plus million people that live here in Pennsylvania, that we want our federal government to do what they are called to do with the U.S. Constitution to secure our borders,” said Metcalfe. “Once they cross the border, it’s necessary for state government to do all they can to shut off the economic faucets that are drawing illegal immigrants to our state.”

The measures are:

• House Resolution 799, which urges President Bush and Congress to secure all national borders to protect American citizens from the dangers of unlawful invasion and illegal immigration.

• House Bill 2760, which would make it a felony for any person who knowingly or intentionally hired and illegal alien.

• House Bill 2761, which would prohibit state government entities from providing government services, including welfare, unemployment benefits and education to illegal aliens, except for emergency medical care or expenses related to law enforcement, prosecution or incarceration.

Employers stand on the front lines of the efforts, but only if they do not follow mandatory hiring guidelines.

“If somebody is hiring illegal aliens…they should be penalized in a manner that’s going to send a message so that other employers won’t want to cross that line,” said Metcalfe.

Another component of the package would make it a violation of state law for an employer to knowingly hire and illegal alien and allow state and local agencies to investigate and enforce violations. Any employer who violates the new law would be guilty of a misdemeanor and could face up to a $1,000 fine.

“In my mind, the overwhelming vast majority of everybody that comes across the border are really coming across for economic reasons, mostly for jobs,” said Rep. Matthew Wright, R-Bucks, prime sponsor of House Bill 1314. “My goal is to reduce the economic reasons why they come here in the first place and to have employers follow the rules.”

The bill would create local enforcement by allowing the attorney general and county district attorneys to investigate possible violations involving employers.

“If you can dry up the economic resources, why they are here in the first place, it should reduce the number of illegal aliens who desire to come to Pennsylvania,” said Wright.

Reputable businesses that follow the federal laws currently in place support the concept of enforcement of those laws but question the need for a state law.

“The federal laws exist that make it a sanctioned crime for employers to knowingly hire undocumented workers, so I don’t think that another law is going to help at all,” said Kevin Flemming, president of Integrity Personnel, Allentown. “The $1,000 per employee (fine) is not a deterrent because of the cost of employing someone legally—that means just contributing to all of the proper taxes and unemployment—is about 12 percent of the person’s wages.”

As a staffing agency, Integrity processes between 900 and 1,200 applicants annually using a consistent, simple process.

“Besides ensuring that we are completing an I-9 for every candidate for employment—that means you just have to ensure that your process is consistent and nobody falls through the cracks—we will verify Social Security numbers with a third-partly online service of every applicant,” said Flemming. “We get a red flag if there is no name associated with the number or if the number is not a valid or real Social Security number. What it tells us is that there is a risk of that person having false records. Our corporate policy is not to hire them.”

Establishing and enforcing strict hiring policies and procedures can protect employers from hiring illegal immigrants and prevent potential problems.

“From the employer’s perspective, the reality is, hiring undocumented workers is breaking the law, plain and simple, and there is no excuse for it,” said Flemming. “It really is not burdensome right now to comply with the law. It’s making sure you fill out a single form, which requires you to identify the applicant with two forms of ID.”

While Flemming believes the intent of the proposed laws is respectable, he believes as long as job opportunities exist, people will take the risk to live and work illegally in the U.S.

“The fact is that there are unethical employers who are obviously taking the risk every day right now,” said Flemming. “A state law, in my opinion, will not curtail those unethical employers.”

Tips for documenting foreign workers

Every employer must complete an I-9 form Employment Eligibility Verification for every employee. Here are useful tips for this process:

Make sure the employee provides documents on list of acceptable documents as outlined on the I-9.
Review the documents carefully and look for obvious signs of tampering or forgery. Reject a document only if it’s an obvious fake.

Don’t accept laminated Social Security cards or photocopies of any qualifying documents.

If unclear, ask about name changes.

Keep I-9’s for three years, or for one year after employment ends, whichever is longer.

Employers must avoid discrimination against the employee because of citizenship status or national origin through document abuse, asking the employee for more documents than necessary or different documents to prove employment eligibility.

To avoid problems with employing foreign workers, consult an attorney who can train your human resource personnel about proper procedures. Training seminars may be available.

Source: Paraphrased from www.lawyers.com ©2006 Martindale-Hubbell, a division of Reed Elsevier Inc. All rights reserved.