Employers may pay price for not embracing changes

 
By Devona Walker | Published: January 5, 2008    Comment on this article Leave a comment

The Department of Homeland Security significantly stepped up immigration enforcement efforts in 2007.

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What is ICE ACCESS?
•287(g) Program: This program cross-designates local officers to enforce immigration law.

•Asset Forfeiture: It allows ICE agents to seize and forfeit illicit proceeds and other criminally derived assets.

•Border Enforcement Security Task Forces: It allows Homeland Security law enforcement agencies, working cooperatively with other law enforcement entities, to comprehensively identify organizations posing significant threats to border security. BEST Task Forces are currently in Arizona, California and Texas.

•Criminal Alien Program: It focuses on identifying criminal aliens who are incarcerated within federal, state and local facilities, ensuring they are deported upon serving sentences.

•Customs Cross-Designation: It allows federal, state, local and foreign law enforcement officers who participate primarily on U.S. Immigration and Customs Enforcement task force operations to be cross designated as "customs officers” and be granted the authority to enforce U.S. customs law.

•Document and Benefit Fraud Task Forces: It targets benefit fraud, identity theft and documentation fraud. It was initially launched in Atlanta, Boston, Dallas, Denver, Detroit, Los Angeles, New York, Newark, N.J., Philadelphia, St. Paul, Minn., and Washington, D.C. In April 2007, additional task forces were added in Baltimore, Chicago, Miami, Fla., Phoenix, San Francisco and Tampa, Fla., bringing the total to 17 nationwide.

•Equitable Sharing/Joint Operations: This gives Homeland Security the ability to offer payment to local law enforcement for their cooperation and assistance in immigration enforcement. In fiscal year 2006, ICE coordinated payments of $5.65 million in overtime costs for state and local police officers working alongside ICE agents throughout the U.S., and provided $43.46 million in direct payments of equitable sharing of forfeited assets to 362 state and local agencies, four federal agencies and one foreign government.

Fugitive Operation Teams: They identify, locate, apprehend, process and remove fugitive aliens from the United States with the highest priority placed on those fugitives who have been convicted of crimes.

•Other enforcement programs operating under the ICE ACCESS umbrella: The ICE-led National Intellectual Property Rights Coordination Center, Law Enforcement Support, Operation Firewall, Operation Predator and Operation Community Shield — which in 2007 netted the arrest of 65 alleged illegal immigrant gang members in Oklahoma City.

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But illegal immigration opponents say it must do a better job of targeting the lure of illegal immigration: The availability of work.

Immigration and Customs Enforcement made nearly four times as many workplace arrests as it did in 2006. Of those 4,900 arrests, 864 people were charged with a crime, more than 500 of which involved document fraud and identity theft in an attempt to appear to be legal residents.

The number of employers or managers arrested for hiring illegal immigrants was fewer than 100, however.

"When you have more than 500,000 illegals entering this country every year, you are not going to cut off the incentive until you start drying up employment. Employment is the No. 1 reason illegal immigrants come here,” said Bryan Griffith, spokesman for the Center for Immigration Studies, which is opposed to illegal immigration. "You can have as much border enforcement or random arresting of illegal immigrants as you want. But if you are able to cut off that incentive, they will most likely self-deport or not enter at all.”

Worksite enforcement
The federal immigration agency also ramped up other enforcement teams. For instance, Fugitive Operations Teams — which focus on finding illegal immigrants who already have been asked to leave the country, have criminal convictions in other countries or are fugitives — arrested more than 30,000 illegal immigrants nationally, doubling its 2006 numbers.

In north Texas and Oklahoma, those teams arrested 1,600, which also doubled 2006 numbers. Of those arrested, 699 were fugitives and 168 were illegal immigrants with criminal convictions. Nearly 1,100 of those arrested in Oklahoma and north Texas have been deported to their countries of origin.

A raid in Oklahoma City in early September, involving the federal program Operation Community Shield with cooperation of state and local officials, netted 65 alleged immigrant gang members.

However, workplace raids targeting employers present an additional burden on the immigration agency. Experts say it is easier to round up illegal immigrants in the workplace than it is to prove that employers knowingly hired illegal immigrants. Workplace arrests are made at a ratio of about 50 employees to one employer.

Demetrios Papademetriou, president of the Migration Policy Institute, an immigration research group, says arresting employers is more difficult and time consuming, but the government must improve this ratio to change behavior.

"They want to change the calculations that employers make. If the risk is too small, they will behave exactly the way they've been behaving,” Papademetriou said.

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