Farming, restaurant and other industries would have
to scramble for laborers under planned regulations,
critics say.
By Jerry Hirsch and Kimi Yoshino, Los Angeles Times
Staff Writers
August 4, 2007
A planned federal crackdown on the hiring of
undocumented workers has sparked fears that farmers
will be left without workers to pick crops,
restaurants without cooks and dishwashers, and small
businesses without a ready source of casual labor.
The new rules also are likely to reduce employment
in the construction, janitorial and landscaping
industries, analysts say.
"It is going to be very difficult on this industry,"
said Paul Simonds, spokesman for Irvine-based
Western Growers, whose members grow and pack about
90% of the produce and nuts produced in California.
The Department of Homeland Security is about to
issue new regulations on how businesses must respond
when informed that there are discrepancies in a
worker's tax records. Many businesses simply ignore
such notices now, but under the new rules, employees
would have a limited time to contact the Social
Security Administration to correct the information.
If they do not, employers must fire the worker or
face fines.
The rule would transfer more responsibility for
enforcement to companies -- part of a Homeland
Security effort to break through what some officials
say is complacency in the corporate world about
illegal workers.
Industries claiming that the rules will undermine
the economy are using "scare tactics" to fight the
plan, said Russ Knocke, a Homeland Security
spokesman.
"Are they suggesting that we should not enforce the
law?" Knocke asked. "We have been tough about this,
and we are going to be even tougher. There are
employers who have gamed the system for years, and
the regulations are going to fix that."
Western Growers, which also represents the majority
of Arizona farmers, plans to meet with Homeland
Security officials Monday to get a better assessment
of how the regulations will affect agriculture.
Marc Grossman, spokesman for United Farm Workers of
America, believes the rules will be catastrophic for
agriculture workers and farms.
"If you were going to fire everyone whose Social
Security numbers were not in order, you will lose a
majority of the workforce . . . as much as 90%
depending on the area," Grossman said.
He said that was why the UFW and farm groups had
supported the AgJobs legislation that's stalled in
Congress.
If passed, that two-part bill would make falsely
documented agricultural workers eligible for a "blue
card" if they can demonstrate that they have worked
in domestic agriculture for at least 150 workdays
over the previous two years. The blue card would
entitle the worker to temporary legal resident
status, and holders would have to pass criminal
background checks. The second part of the
legislation would simplify and expand a guest worker
program for agriculture.
Meanwhile, the planned Homeland Security regulations
also have spooked the restaurant industry, which has
nearly 13 million workers and is one of the largest
private employers in the U.S.
"We still would like Congress to be the one that
sets immigration policy," said John Gay, senior vice
president of the National Restaurant Assn.
The trade group believes the new regulations should
be part of "a broader solution" that would deal with
the status of the undocumented workforce and ensure
a supply of workers in what Gay characterized as an
increasingly tight labor market for restaurants.
"We fear that this will result in the industry
having to let workers go. It will have a bigger
impact in certain areas like California, Texas and
Florida than in others," Gay said. California has at
least 2.5 million illegal immigrants, the Pew
Hispanic Center estimates.
Small-business groups also are protesting the rules,
saying that it puts the burden of enforcing
immigration on the tiniest companies.
"Yes, we need to get a handle on this issue, but you
can't expect small-biz owners . . . to be border
police. It's just an extremely difficult position to
put small businesses in, " said Todd McCracken,
president of the National Small Business Assn.,
which represents 65,000 firms.
Recently, more employers have been using the
Department of Homeland Security's Basic Pilot
program, which enables them to check the validity of
Social Security numbers online. As long as the name
and the Social Security number are legitimate, the
system will indicate that the person is authorized
to work. However, law enforcement agencies have
reported that undocumented workers are increasingly
using stolen Social Security numbers to outmaneuver
the system.
Scott Hauge, president of the trade group Small
Business California, said a rule requiring workers
to be fired if they can't quickly reconcile
discrepancies could expose companies to new
liabilities.
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"If things don't get worked out in a
couple months, we're just supposed to
fire someone?" Hauge asked. "What
happens if the data is wrong and you
fire them? Does that open you up to a
wrongful-termination suit?"
Knocke, the Homeland Security spokesman,
disagreed. "If employers act in good
faith and make an effort to comply with
the law, there will be a safe harbor
provision for them," he said.
Businesses should not be surprised by
the new enforcement initiative, Bush
administration officials said. The
government has been sending out the
"no-match" letters to employers since
1979.
"There's nothing different with the
letter," said Mark Hinkle of the Social
Security Administration. "What is
different is an upcoming Homeland
Security regulation that will be
clarifying what businesses need to do if
they receive a no-match letter."
No-match letters may be sent when there
are inconsistencies between a worker's
tax forms and records -- such as an
individual's birth date or name spelling
-- that the Social Security
Administration has on file.
In 2005, the administration sent 8.1
million letters to workers at their home
addresses, asking them to resolve
differences. About 1.5 million letters
were mailed to the workers' place of
employment when no home address was
available.
For businesses that had more than 10
employees with discrepancies in their
record, a third type of letter is
mailed. Last year, the administration
mailed 138,000 of those letters to
employers, Hinkle said. This year, they
anticipate a slight uptick to 140,000.
With the Homeland Security crackdown,
Hinkle said the agency was expecting
"some increase" in phone calls and foot
traffic at its 1,300 offices across the
country. "We really don't have a
projection," Hinkle said. "We handle
millions of phone calls and millions of
visitors and millions of claims a year.
So we'll deal with it as it occurs."
Although many employers have still to
learn the details of the regulations,
the major trade groups protesting the
action expect Homeland Security to act
soon despite industry objections.
"It seems inevitable," Gay said.
jerry.hirsch@latimes.com
kimi.yoshino@latimes.com
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