Deportation Deferrals Risk for Employers

Immigration is often the subject of great debate, and it is not uncommon to see laws changed or new laws enacted that will have a major impact on immigrants in the United States. Anyone that has a connection to immigration needs to stay constantly informed, or they could potentially be at risk for deportation or other penalties.

For employers, it is essential to stay in compliance with immigration laws. Many companies hire workers from other countries because of the unique skills that they can bring to their new occupations. Many industries rely upon these employees, since there is a lack of qualified individuals looking to fill these positions.

Some employers have recently become concerned with rules that have been put in place concerning deportation deferrals. The program implemented by President Obama, allowed individuals in the country illegally to have their deportation status deferred if they have been in the U.S. for five years and met specific requirements. One of the ways that applicants are allowed to support this application is by having their employer state that the individual is currently employed.

However, this is becoming a very delicate issue for some employers. Those that agree to confirm employment status could find themselves in trouble for hiring undocumented workers. This has left several employers uncertain how to proceed because of the potential for future penalties.

Currently, when employers are asking how they should respond, various government officials are trying to assure these companies that they will not incur problems in the future. While this may be true now, any of this information can be on file for a long time. This could eventually be used to punish employers that violated immigration rules. Official guidelines say that information provided by employers will not be used for prosecution, unless there are signs of excessive violations.

For immigrants in this position, it may be too risky to ask their employer to help support their deferral request. If the employer discovers that the employee is here illegally, the employee could be terminated. Many workers depend upon this income to help pay for school or other bills, and this loss of income could prove to create severe financial hardships. If fake Social Security numbers were used on applications, this could also subject the individual to identity fraud charges.

If you have questions about the employment immigration process, speak to an experienced immigration attorney to understand how best to proceed. It is crucial to know the options that are available to you so that you do not place yourself or your company at risk in the future.

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