Changing Legal and Economic Landscape for Undocumented Workers

June 22, 2012

Over the last few years the legal and economic landscape has drastically changed for undocumented workers in the United States. The Department of Homeland Security has increased enforcement of federal immigration laws and the sour economy has not churned out as many jobs as before The Great Recession. Immigrants who come to the United States in search of a better life now face tougher penalties and fewer employment opportunities, making the prospect of working in the U.S. less attractive. As a result, illegal border crossings have been down and deportations have been up in recent years.

The federal government uses border arrest numbers to measure the number of people who try to illegally enter the United States. Arrests along the U.S.-Mexico border are at historic lows. In the last fiscal year, which ended September 30, 2011, border agents arrested 340,252 migrants. The number is a 24 percent drop in comparison to the previous year, and is the lowest level in almost 40 years. In 2010, border agents arrested 447,731 immigrants, which pales in comparison to the peak in the year of 2000 when 1.6 million were arrested.

According to the Wall Street Journal, greater enforcement of immigration laws has led to fewer border crossings. The Department of Homeland Security has increased the number of border patrols along the U.S.-Mexico border over the last eight years, and new technology, such as thermal imaging and unmanned aerial systems, has also aided border patrol agents.

Employers have also faced greater scrutiny in recent years. Employers who hire illegal workers have met greater scrutiny by the government. The federal government has audited more company payrolls in recent years, and as a consequence thousands of undocumented workers have lost their jobs.

More than 1 million people have been deported since 2009, and deportations hit a record last fiscal year. The stricter legal environment has made it more difficult and costly for immigrants without proper documentation to find and keep jobs in the U.S. The economy in the U.S. has also had a discouraging effect. The slump in the construction and hospitality fields has led to fewer entry-level jobs, which were often filled by migrant workers. With fewer jobs and a stricter regulatory environment it is even more important for foreign workers to have proper documentation and lawful immigrant status.

Under federal law, individuals with foreign citizenship may not accept employment in the U.S. unless they are authorized to do so. Some people may gain employment authorization based on resident status, while others may need to apply for employment authorization. Employers often petition for employment authorization on the behalf of their potential employees because businesses are required to verify that the individuals they hire are authorized to work in the United States.

If you need help gaining lawful employment in the U.S., contact an experienced immigration attorney to discuss your legal options.

Article provided by The Law Office of Cheryl R. David
Visit us at http://www.cheryldavidlaw.com