Originally Posted by Mr Toes
What punishment do you suggest is put on the businessman for the illegal comming into the country, because that is in effect what your suggesting. Illegals are breaking the law weather they are working or not, and punishing an employer because he has an employee thats breaking the law makes no sense.
How do you punish the employer that has recieved proper paper work from an illegal, I guess the employer will now be responsible for policing all documents... That should be a gas especially when an employer starts digging into your background. How much power do you give the employer relative to looking into somebodys background.
If you allow them to look into your illegal residence status then is the employer going to be allowed to look into other areas of your life in which you may be conducting illegal activitys, and why not.
In the scenario in the opening post the construction company is paying "under the table" indicating that they are actively participating in the fraud. I am in no way suggesting that the businessman should be punished for the illegal coming into the country, I am suggesting that the American businessman be punished for violating America's tax and employment laws. All employers in this country already have the responsibility to verify that those that are being employed are eligible to work here. If "Jose Illegal" has presented the businessman with correct looking documents and all the proper procedures are done, then no, you do not punish the businessman, for he has done nothing wrong. Presenting false documents becomes one more crime that "Jose Illegal" has committed, possibly with the help of others.
As for potential employers looking into potential employees backgrounds, they already can do that, in many cases should do that, and I believe many do do that. Most jobs I've applied to the past decade or two have you sign a paper allowing them to do that before you are given a job offer.