In a stunningly close vote, the Senate has voted not to pass the DREAM Act. DREAM would have provided a path to legalization and green card status for thousands of undocumented children who have graduated high school and who qualify for college or the military. For reasons unknown, DREAM Act supporters could not muster the votes necessary for a simple majority. At present, it appears we'll be waiting until after the election before any major reform comes to pass.
The Senate is set to vote on the DREAM ACT today - a piece of legislation that would provide a 6-year path to legal status for eligible high school graduates who were brought to the U.S. more than 5 years ago. In order to qualify, these grads would have to demonstrate good moral character and either graduate from community college, complete two years towards a four-year degree, or serve at least two years in the U.S. military within 6 years of registering for the program. While it's a great piece of legislation, there are those that argue that its targeted application towards kids will leave out a large segment of the undocumented population.
Clearly, the application of the program will only be open to persons who have been in the U.S. at least 5 years and who have the means or the will to pursue a higher education or are willing to invest the time and effort into the military or community service. The argument has been made by activists in the Hispanic community that this excludes those who need the help the most - undocumented workers who must work to support their families. In addition, we must remember that the average time that an undocumented immigrant now living in South Carolina has spent in the U.S. is 3-4 years - therefore, there will be a smaller percentage of persons in our state who will benefit from the program. But I think in all the arguments as to the long term effect of this program, many people are loosing site of what this legislation does do - it helps undocumented young adults who were brought here as children and who have the drive, the will, and the stamina to pursue a college education to do so. So even if it does affect a smaller percentage of the population, these are the best and the brightest - and they deserve a chance to shine in the land of opportunity.
For most employers, finding and recruiting competent, trust-worthy employees is a challenge. Having found such an employee, many employers overlook the fact that they must maintain their vigilance throughout the I-9 proceedings as well - or risk serious civil and criminal penalties handed out by Immigration and Customs Enforcement (ICE). All too often, employers who don't want to give up their hard-won, reliable staff attempt to "fudge" I-9 compliance issues. Considering that in the not too distant past employers were allowed to focus on running their business without functioning as Junior Immigration Officers, this attitude is not unreasonable. However, as ICE continues to increase both its sting operations and its raid operation, all employers must face the facts - is keeping a key staffer worth paying a huge fine? Is it worth going to jail?
Since the reorganization of the INS into multiple separate entities under the Department of Homeland Security, employer I-9 enforcement has been on the rise. ICE, which now has jurisdiction over immigration enforcement, now has more money and people than ever before - and they're expanding the scope of their raids and sting operations away from security-sensitive areas and going after all employers. Moreover, they're moving away from the old-style of punishment, which usually included a slap on the wrist and a several thousand dollar fine, and they're pursing criminal prosecution of business owners and managers. So what can employers do to protect themselves?
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