![]() ![]() "Generally, if the employer knows that the employee is an illegal worker, the choice is either to fire the employee or face civil and criminal penalties," says Marcy Stras, an attorney specializing in immigration and employment law and a partner with Baker & Hostetler LLP in Washington, D.C. ![]() The same compliance process applies when a longtime, high-ranking or higher-profile employee is discovered to be unauthorized to work in the United States, although immigration lawyers say these instances are relatively rare. That's because HR professionals have a legal obligation to follow specific rules when verifying employment status during the hiring process responding to the Social Security Administration (SSA) and ICE, an agency within the Department of Homeland Security (DHS), about possible violations and, when necessary, firing unauthorized workers. While the employment of undocumented workers in the United States represents a complex and emotionally charged issue, it's a potentially serious problem for human resource professionals. Immigration and Customs Enforcement (ICE) officials. It should also concern HR professionals, who are "the first line of defense a company has against unauthorized workers," according to U.S. Yet the plea brought little closure to a contentious issue that still concerns the city and the police department as well as communities and employers throughout the country. The police officer pleaded guilty, will serve up to a year in jail and must leave the United States after completing his jail term. citizenship-a federal felony-by assuming the identity of his deceased cousin. After investigating the tip, the department discovered that a respected, three-year police officer had been falsely claiming U.S. But what should an HR pro do if a longtime, valued employee lacks proper documentation?Īn anonymous telephone call triggered a startling revelation in the Milwaukee Police Department this spring. Verifying new workers' employment eligibility is one thing. ![]()
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