Can You Work Illegally in the U.S.?

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U.S. immigration employment is a touchy subject that’s front and center in U.S. politics, especially with the current population growth of undocumented immigrants in the United States. Across the nation, undocumented immigrants have been detained, but there are still illegal immigrants throughout the United States who have lived and worked freely for decades without arrest.

According to the Pew Research Center, the U.S. workforce includes 8 million unauthorized immigrants as of 2014. [1] Illegal immigration employment is highest in the agricultural section. A whopping 53% of all illegal immigrants work as farmers, compared to the 15% who work in construction, the second-highest industry. [2]

Immigrants are going to continue to work illegally in the U.S., so let’s delve further into this issue.

Is it Legal to Hire Undocumented Immigrants?

No. It is unlawful to employ an unauthorized alien and to continue to employ an unauthorized alien. [3] As of 2012, the Immigration Customs and Enforcement (ICE) has established a “comprehensive worksite enforcement strategy” that focuses on two areas: worksites that are considered “critical infrastructures” such as commercial facilities, emergency services, and airports; as well as employers who abuse and exploit illegal immigrants. [4] Therefore, employers face serious repercussions if they hire undocumented immigrants.

So How Are Undocumented Aliens Able to Work Illegally in The U.S.?

The companies that hire illegal immigrants are cut from the same cloth since they profit from the work that illegal immigrants provide at cheaper costs.

Illegal immigrants that work picking strawberries earn about $10,000 a year, much less than American citizens would request for the same back-breaking work. [5] Since it’s cheaper to hire illegal immigrants, some businesses will always look the other way when it comes to obviously false paperwork.

How Do Illegal Immigrants Get Jobs in the U.S.?

Let’s look at a specific industry to see how it’s done; for example, the restaurant business. According to Eater, 20% of all cooks in American restaurants are most likely undocumented. [6] Illegal immigrants approach a restaurant owner or manager to ask for a job, and once hired, they fill out an I-9, a W-4, and submit documentation including a valid I.D. and social security number.

Just like everyone else, right? Not so much.

The restaurant manager simply turns a blind eye and says that the info they’ve received is good enough. If caught, the manager risks going to jail. However, to their defense, they can easily state that the name on the paperwork matched the name on the I.D., and the photo looks exactly like the applicant. So, they’re not likely to ask questions.

How Do Illegal Immigrants Get Jobs Without A Social Security Number?

So, what about their SSN? Well, it’s actually up to employers to verify social security numbers, which is enough to avoid any penalties from the court. Undocumented immigrants can provide a social security number that’s either illegally obtained, forged, or invalid, and some hiring managers tend to consider any SSN to be enough documentation. Thus, illegal immigration employment lies in that grey area of federal jurisdiction.

Is It Legal for Employers to Pay Illegal Immigrants “Under the Table?”

Unreported employment, paying off the books, cash-in-hand, moonlighting – whatever you want to call it, paying undocumented immigrants under the table is illegal. Under the table implies that the payment would be made in cash and it would not be reported to the IRS, which is a federal crime. This arrangement is illegal because both the illegal immigrant that’s working and the employer avoid paying taxes.

Where Can Illegal Immigrants Work?

There are lots of companies that hire illegal immigrants. As previously stated, it’s quite easy to work illegally in the U.S., depending on the industry.

Farming, construction, and hospitality are industries that are so reliant on illegal immigrants for cheap labor; businesses in these industries find it difficult to turn them away. The truth is that illegal immigrants do have some rights in the U.S., though none of those rights relate to work.

How Can U.S. Immigration Bonds Help?

Though it is illegal to hire undocumented immigrants, we can still help if you have a loved one who has been detained while working on the job. Our bond services in South Florida are bilingual and our staff is available 24/7 to assist with any bond needs. We offer the lowest rate available on the market starting at just 2% of the bond amount plus $40 for a filing fee, helping you save thousands. Our experienced team knows all too well about the current political climate against undocumented immigrants; we’re here to help. To learn more about different USCIS processing times or our Fort Lauderdale immigration bonds and insurance services, call 1-800-225-2587 to speak to one of our representatives today.


[1]: PEW Research Center – 5 facts about illegal immigration in the U.S.

[2]: CBS News – These U.S. Industries Can’t Work Without Illegal Immigrants

[3]: Cornell Law School – 8 U.S. Code § 1324a – Unlawful employment of aliens

[4] U.S. Immigration and Customs Enforcement – Worksite Enforcement

[5]: Washington Post – Illegal immigrants help fuel U.S. farms. Does affordable produce depend on them?

[6]: Eater – How Restaurants Hire Undocumented Workers

 

*Post updated February 28, 2020*

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