Ten days in jail? That isn’t incentive to stop from knowingly hiring illegals.
This.
Why hasn’t anyone done this?
Never mind - Money is why.
Of course it is, and that is for a first offense only.
It would take a defense attorney to to prove or disprove “knowingly”.
Many small businesses run on very little profit so hiring an attorney is out of the question. Think Joe Carpenter with two or three employees who has no clue on what payroll laws much less the complications of e-verify or HR.
Our way is innocent until proven guilty
Virtually anything you get arrested for has a high likelihood of requiring an attorney. Why should this be any different?
First, let me make myself very clear: I am completely on board with severe penalties for knowingly hiring an illegal.
My thoughts are more about the multitude of small guys who have no idea what they can get sued for that will put them out of business in a heartbeat and cannot afford an attorney.
The only exception I am taking to your post is:
The reason I said that is because of corporate hiring agents being defended with teams of lawyers. If someone takes no steps to verify an employee’s identity, too bad so sad.
In that case, intent and willful negligence should be weighed heavily.
Certainly, and I don’t want it to be unfair by any means but it needs teeth. Fines are not sufficient for the big players.
“Are you speaking to over 50 employees? What about those with less? Loopholes?”
.>50 Employees? No, I’m speaking to all businesses with employees which pay federal taxes. The number of employees would not be a factor. If you are a business that hires someone you would be required to comply with the improvements I’ve suggested. Remember this is not an ongoing thing, it’s a one time cost at time of hiring. If the business opts not to create a free account to do it on their own, then hiring paying for the background check would be a business expense it would be tax deductible. Or they can do what we do now, it is a fee the employee pays, when we hire someone they can provide a money order or sign for it to be deducted from their first paycheck.
<50? No difference.
Loopholes? Wouldn’t be any. If you are a business you would be required to verify eligibility for employment. Options would be to do it yourself or through a bonded security agency. Our organization is over 3,000 employees, but IIRC even employers with less than 50 EE are required to complete and maintain an I-9 for employees throughout the EE employment cycle (hiring to 3 years after termination).
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.WW, PHS
Agreed. They’ve been nothing but a light slap on the wrist. Think about a competitor in the same business who is playing by all of the rules. Not quite fair is it?
Good thoughts on this. Thank you. 
Hate the be the bearer of bad new but a felony on your record does not make someone unhireable.
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.WW, PHS
I’ve worked with a number of felons. At one job, my entire crew came from a halfway house, and we got ■■■■ DONE. I had the most productive crew at the whole place.
It would be the easiest area for a bipartisan agreement the democrats and republicans could do, you could probably even get close to a single payer system in exchange under the orange man if they built a wall and clamped down on illegal immigration. Instead both sides dig in and say “Oh who cares” while kicking the can down the road and hoping the issue will fade away with voters.
Like Healthcare and the economy one of the biggest issues throughout the west right now is illegal immigration and mass migration, why in the world only a moron like Trump could see this and ran on it is a mystery, the issue isn’t going away it’s only going to grow. Almost every party in Europe right now that is pro migration is losing, because of the single issue.
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The fact that they’re sawing through it, makes it apparent that it’s needed.
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Trump didn’t really care if he lost because he didn’t really expect to win in the first place. It took a simpleton to find the simplest answer LOL. That and he did have some smart people working for him, some of whom are in jail now but nonetheless, he had a few.
That’s what happens when you vote with your feelings instead of where the public is moving on a particular issue. And your right in Europe the candidates who want to stop the mass migration are either winning or gaining and the ones who want to keep the flood gates open are getting tossed aside.
Lets hope they keep their heads buried in the sand.
Fines are the way to penalize companies. No one is sending an HR person or CEO to jail.
As for the small companies, they should hire a payroll company to process their E-verify applicants. This will most likely indemnify the owners of small businesses.
CEOs are not hiring people that are likely to be here illegally. ■■■■ the HR person.
