http://www.azcentral.com/arizonarepublic/local/articles/0421ruelas0421.html

Migrants have no need to fear future ICE raids

Apr. 21, 2006 12:00 AM

Attention, all cooks, busboys, maids, landscapers and construction workers: Don't worry.

You might be concerned because the federal government announced Thursday it would increase its crackdowns on employers of undocumented immigrants. The Immigration and Customs Enforcement bureau says it is ready to put renewed focus on worksite enforcement.

That means looking at the hotels, restaurants, resorts and construction companies that employ you.

It might have seemed scary seeing ICE agents raid a pallet company in west Phoenix this week. Agents rounded up several employees who crossed the border illegally and put them on a bus.

And to hear Roberto Medina, the special agent in charge of the Phoenix ICE office, on Thursday say things like, "We're going to bring all the tools to bear to do the task assigned to us. And we will do it well."

But don't expect more raids anytime soon.

Because ICE is an investigative agency, it can't go fishing for undocumented immigrants. ICE will not suddenly show up and raid a place. No need to worry about someone shouting "Migra!" - like the old days.

Plus, ICE agents are hamstrung with enforcing a law that is very difficult for businesses to break.

The law says an employer must "knowingly" hire someone illegally. That investigation against the pallet company, for example, involved ripped-up tax documents, an undercover officer and several taped conversations.

ICE can't do much about the typical employment transaction, which involves a reasonably good phony document. As you know, bosses usually are not interested in asking a lot of questions when they're hiring. Even if your Social Security number is all zeros. Even if it's the same as six other employees.

So, given those hurdles, here's how Pat Schmidt, assistant special agent in charge, says the stepped-up enforcement will work.

Once the ICE office in Phoenix gets the money and hires additional agents, it will start calling in heads of businesses in which undocumented immigrants typically work. You know the ones: agriculture, construction, hospitality and restaurants.

Agents will ask those managers to bring their employee paperwork with them. ICE agents will run the Social Security numbers on the forms and let the bosses know how many employees have bad numbers.

The boss will then tell the employees with bad numbers to fix them. If they can't, because, say, they're here illegally, the manager will fire those employees. Not deport; just fire.

Companies whose employees continue to register bad Social Security numbers might face fines and, if it continues, a raid. But that's several steps down the road.

And, there is one industry that will be tough to crack: construction.

Because most of the illegal labor is hired by contractors and subcontractors. And ICE can't hold a homebuilder responsible for what those independent companies do. And, being that most of these laborers are "self-employed," the employment laws don't apply.

So, even if the crackdowns eventually squeeze the hospitality and restaurant industries, it won't be long before those businesses figure out a way to make their kitchen and housekeeping staffs independent contractors.

Which means you will own your own business.

Which is part of the American dream.