Definitions matter - What is an undocumented worker? [View all]

[Pacifist Patriot]

I've seen some confusion and erroneous assumptions in other threads, so I thought this might be helpful for those who aren't all that familiar with the issue from a Human Resources standpoint.

Every employer in the United States has a legal obligation to employ only people who are eligible to be employed in the United States. Any person or organization that has even one employee, has to complete what is called Form I-9 Employment Eligibility Verification within three days of the employee's start date.

A representative of the employer has to physically lay eyes upon document(s) that verify the employee's eligibility. The form provides a list of acceptable documents. Either one from one column (such as a US Passport from column A) or one each from two separate columns (such as a drivers license which is an option in column B and a social security card which is an option in column C).

The employee indicates on the form whether he or she is a citizen of the US, a noncitizen national of the US, a lawful permanent resident, or an alien authorized to work until (date). So please note, our laws do not prohibit immigrants or non-citizens to work in the United States. But they do have to provide documentation that they are eligible to do so, such as an Alien Registration Number or a Form I-94 admission number.

Conversely, every American citizen has to do the same. Yes, it is technically possible to be an undocumented worker and also be a US citizen. It's rare, because we usually can produce the documents, but it's a legal possibility.

All of that being said, undocumented workers are more likely to also be in the country illegally. Simply because they cannot produce the documents required for the I-9. Companies who hire them knowingly are breaking the law. Or even unknowingly for that matter. But let's return to the companies that do so knowingly. It will surprise no one, that because they are willing to break that law, they are also willing to violate others. For example, they pay less than minimum wage, ignore mandatory overtime compensation, don't bother with break requirements, etc. Undocumented workers are exploited labor.

It's a horrible system because these are human beings who need work to support their families like anyone else. They are often stuck doing jobs no one else will agree to do. I doubt we're going to see a rush of Americans heading to Mississippi for chicken processing work after all.

Our economy is built on the sweat of these undocumented workers. On top of the labor exploitation, they are now living with the very real terror of being ripped from their families and communities. And while they may have broken immigration laws, they have likely not committed any labor-related laws. Their employers did. And this is a heinous hypocritical injustice if they are not held responsible for their actions. Undocumented workers are being rounded up and detained while their employers who broke the law (possibly more laws) simply by hiring undocumented workers thus far do not seem to be facing any penalties. We shall see.

That's the weirdest part for me. If there were undocumented workers to raid and round up, then by definition, the company had to have broken the law. Why didn't we see owners and officers detained for questioning in these raids as well, eh?

I'm hoping I'm wrong and stories are coming out about the repercussions to these employers, or soon will be.

Personally, I'm willing to pay more at the grocery store, and anywhere else for that matter, for human beings to be treated fairly. But I'm prickly that way.