The Supreme Court recently passed down a ruling that removed part of the teeth from Immigration officials and prosecutors who were charging undocumented workers with Aggravated Identity Theft. According to an article in the Los Angeles Times, the Supreme Court ruled that the undocumented worker must know that the Social Security Number in question actually belonged to a real person and wasn’t a totally fictional number.
The Court’s thinking was that illegal immigrants in search of jobs were not meaning to hurt anyone and therefor shouldn’t be punished as harshly as someone who deliberately engaged in identity theft. While some may see this as a fine line that shows leniency, even the more conservative members of the Supreme Court concurred with this ruling.
The Obama Administration claimed this ruling will help shift the focus of illegal immigrant issues onto the employer and not so much the worker. This means the employer is even more responsible than ever to verify the legal status of his workers. Background checks become a vital element in protecting the employer from fines and embarrassment. With the economy so poor, more than a few citizens will resent an employer hiring undocumented workers over legal employees just to save some money. This would result as a negative impact on the employer and his business.
To best protect themselves, employer should conduct he Social Security Trace and possible the I-9 Everify verification system. Either will go a long way in vetting workers. For a nominal fee, an employer will avoid costly fines and public humiliation and animosity. For the discerning employer, it is no longer a mere consideration anymore, background checks are a definite necessity.
Check them out before you hire.
