Workplace Word: July 2007 - A Safe Harbor for Employers in the Latest ICE Storm
Responding to Social Security "No-Match" letters U.S. Immigration and Customs Enforcement ("ICE") officials announced last year that aggressively pursuing employers who knowingly hire unauthorized workers is one of their top priorities. As part of this agenda, ICE has started to file criminal charges against employers who employ unauthorized workers.
Although most employers do not knowingly hire undocumented workers, ICE has made it clear that employers who have "constructive knowledge" of a worker's undocumented status still can be held liable. Receipt of social security no-match letters can constitute "constructive knowledge."