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They inserted the word " knowingly " ... as in " the employer must be shown to have knowingly hired the illegal applicant ". It is almost impossible to prove whether or not the employer knew or suspected that the documents the invading alien produces are fake or not.
And, to be fair, you can buy very convincing fake identities complete with Social Security number and drivers license ( all forged ) for less than $500 in most cities......
And so? You want the employer liable if someone pulls one over on him or her? What do you think that's going to do for the economy? No common sense common ground to distinguish between an employer just exploiting illegals and an employer who got scammed by a crafty individual or a slick fraud ring?
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When the " employee " hands the employer documents that say he was born in St. Louis and his name if Fred Wilson but he can't speak English THAT should be a very big sign.
Most employers know perfectly well that they are hiring illegals.
Many businesses have " recruiters " in Mexico and South American countries that recruit skilled employees and give them a special business card to give to HR when they get to the workplace.
Yet those same businessmen who own the companies want to hide behind the word " knowingly " and pretend they didn't know.
Employers should be required to check much more deeply than just accepting the employees word and documents that may or may not be falsified.
When the prospective employee can't speak English it's a big warning flag.
Many help wanted ads in the papers these days specify " must be bilingual " because they have employees who can't speak English. They have to hire bi-lingual people for supervisory positions because the employees speak no English at all.
Yet ICE doesn't bother to check out companies that post ads requiring candidates to be bi-lingual.
Considering that the requirements for obtaining citizenship require the person to demonstrate the ability to speak and write basic English, the inability to speak the language is a pretty big indication of illegality.