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Eve Tahmincioglu

Primary author Eve Tahmincioglu has been covering small business and entrepreneurship for more than a decade. She regularly writes about small business issues for the New York Times and BusinessWeek's SmallBiz magazine. She also writes the Your Career column for MSNBC.com. She is the author of "From the Sandbox to the Corner Office."



You’re legal, right? Wink, wink

Posted: Friday, August 31, 2007 1:44 PM by Eve Tahmincioglu
Filed Under: , , , ,

I spent time at the beach in the mid-Atlantic region this summer and while I was ordering margaritas or shopping for local peaches, I came across many workers that I suspect were illegal immigrants, including many from Russia and Mexico.

Maybe you know someone who employs an illegal immigrant. Some small businesses thrive thanks to this labor pool.

So what happens when the federal government decides to crack down on businesses that hire illegals, instead of focusing on border security and long fences?

It’s not going to be pretty.

Protesters for immigrant rights march past the Capitol Building in Washington
Jason Reed / Reuters
Protesters calling for immigration law reform wave U.S. flags as they march past the Capitol Building during a rally on the Washington Mall last year.


The federal government is preparing to introduce new rules that will punish businesses that knowingly hire and keep illegal immigrants on the books. The punishment could be as high as $10,000 per illegal employee.

It’s called the “No-Match” regulation.

The government will notify employers if a worker’s name and Social Security number don’t match government records. The employer then has 90 days to either figure out if there’s an error or fire the worker.

Small-business advocates are being cautious on their take of the new law. “Until we see how this actually plays out in the real world, we're adopting a wait-and-see attitude,” says a spokesman for the National Federation of Independent Business.

It’s easy to end up hiring one of these folks. Have you seen fake IDs lately? They’re nothing like they were when I was underage and trying to sneak into bars.

And let’s face it, small firms typically don’t have an HR staff at the ready making sure everyone’s documents are in order. You have to be an expert to figure that out today.

I would think most entrepreneurs who didn’t know they had illegal workers in their midst probably will respond quickly to a “No-Match” notice. Why wouldn’t they?

But what about those small business owners who know exactly what they’re doing? (Many restaurant owners and small farmers say they need undocumented immigrant workers to survive.)

This isn’t a tiny group hiding in the shadows. There are 7.2 million illegal immigrants holding jobs in the United States, or about 5 percent of the nation's total work force, says the Pew Hispanic Center.

So what do we do with the people writing the paychecks?

Bust 'em, Danno! That’s probably what Lou Dobbs would say. (The CNN commentator has been on a one-man crusade to rid the country of every last illegal worker.)

I have mixed feelings on the issue.

If the firms that use illegal workers as a way to keep their payroll costs down were stopped, then there would be more good-paying jobs for Americans. But I understand how immigrants are desperate to make a better life for themselves here. (My parents, who are both of Greek descent, were looking for a better life when they came to America from Turkey.)

At the same time, it’s unfair to small business owners who play by the rules to be undercut by their lawless counterparts. On the other hand, if legal U.S. residents were clamoring to pick fruit or bus tables, then the need for illegal workers would diminish, an argument U.S. business owners have been making for years.

Alas, “If ifs and buts were candy and nuts we’d all have a merry Christmas.”

No matter where you stand, fines supposedly are coming for those businesses that fail to do something about their “No-Matches” starting Sept. 14.

Let’s see how savvy, albeit naughty, entrepreneurs get around this one.

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Comments

if you are legal, i have no problem. remember its cheaper to deport than it is to support.
Businesses which cannot continue to exist without exploiting illegal aliens are illegitimate and have no place in a land governed by the rule of law.

What do you think of this letter that I actually sent to President Bush?

Sent: Thursday, April 20, 2006 12:29 PM

Dear President Bush:

Twice you took an oath of office to uphold and defend our constitution.  As incredible as it seems, we have abandoned the rule of law for an entire category of people (illegal aliens) by allowing them to remain in our country outside the enforcement of our laws.  As chief executive of the USA, responsibility ultimately rests with you.

Here's my personal story: I recently learned from my father (who lives in Indiana) that all through the state it is implicitly recognized that illegal aliens ARE ALLOWED TO VOTE; they simply commit felony perjury by claiming to be U.S. citizens.  No proof of citizenship is even requested!  I couldn't believe him, so I confirmed this by calling government officials in South Bend and Indianapolis.  This situation is intolerable and must be stopped now!  (Just think how many fewer Democrat votes there could be).

With so many illegal aliens already here, what can be done now?  I recommend going after the source of the problem.  In my opinion, the worst culprits are those who hire illegal aliens.  I'm sure you can see the temptations: sub-minimum wages, terrible working conditions, dispensable workers.

I propose that we establish a clearinghouse (online and via every employment office) for employers who are having difficulty finding legal workers domestically.  After a short amount of time (if there are no challenges by competing domestic applicants), the employer may hire anyone in the world.  The employer brings in the worker, spouse, and immediate children, and becomes responsible for them until they become legal citizens or leave the USA.  In the meantime, they earn at least minimum wage and pay taxes.

To prevent continued use of illegal aliens, I also propose that we fine employers $100,000 per illegal alien employee, and offer a $500 reward for turning in those employers.

--- Bruce Blodgett
Suppoedly no more "wink wink"--hmmmm.  Long overdue in enforcement.  In fact, the fines should be even higher and jail time longer for any employer who is found to have hired illegals.  Enough is enough--now, it will be interesting to see if this will actually be enforced--as it should have been a long time ago.  Rounding up and shipping all illegals back to their country of origin would benefit greatly too--we are America, we can do anything if we set our mind to it!
I was a small business owner for 30 years. I hired many legal immigrants and helped them learn U.S. work ethics, personal hygiene, and mentored them. I NEVER hired an "undocumented worker". America's goal is to offer an equal opportunity for all who come (legally). To give an "undocumented" worker a job is to deny someone else who is waiting to come here an unfair advantage. To reward those who cheat our system in un-American.
Has anyone given thought as to how deporting illegals will afect the prices of products and services that are handled by them?  If business owners were forced to hire non-illegals, I'm sure your average person would not work in a field picking peppers for min. wage!
No match is a start.  Now we need to mend the passport and Social Security system.  These are the two which have created the most harm.  Passports once issued have no force when policing individuals who fail to update or report once their privlege is expired.  Social Security doesn't even know when a person has died so this number can be duplicated and passed along.  Its the goverment stupid, not the immigrants.  Fine business for hiring and you stop the flow, bang Immigration for now hunting down abusers of the Visa's that have expired and connect all the services to Social Securtiy to stop the hemagoring of money from the trust.  Last but not least, quit focusing on the southern border. Lets treat all immigrants equally.  A non-legal is a non-legal, rich or poor, licensed or unlicensed. This is not a Mexican problem.  It's an American Goverment problem.
Two businesses, side by side, one hiring illegal workers and the other US citizens.  No difference in the prices they charge, only the profit make by those breaking the law.  Breaking the law is breaking the law, period.    
It is funny how some americans have a egoistic vision. Most of the illegal imigrants quoted before are people who came here, stablish their lives, help usa's economy and dont have any path to legalize their status. Why expel honest workers? Why does not USA offer any path to legalization? what rights have someone to denied honest and hard work people to proceed with their lives? Send criminals out not honest people.  
The cynic in me says we will see dramatic rise in the 90-day illegal immigrant job tenure, longer if you count the time before the Feds send the no-match notice.

I mean what kind of easy way out for the employer is this?  Get 3-4 months of cheap labor, then offload the worker on someone else for another 3-4 months of cheap work and so on. No penalties? This is such a non-threat to the workers and the employers if I ever saw one.
The government loves to pretend it solves one problem by creating two new ones.

What makes the author assume that this matching fine will catch most transgressors?  Illegals will simply do a better job matching up the SSN and the assumed name.  Why?  The SSN is NOT an ID, its just a number created to track and tax us until death.  When an illegal assumes the name on the SSN and drivers license, then they become that character.  I don't see this law doing much but allowing some employers to put dummy competitors out of business; the clever ones will tell their workers what match they need and thereby all will "pass."  

"Written laws are like spider's webs; they will catch, it is true, the weak and the poor, but would be torn in pieces by the rich and the powerful" -- Anacharsis

"I was never ruined but twice; once when I lost a lawsuit and once when I won one." -- Voltaire
I am a professional, college educated business owner and I have lived the bulk of my life in 2 very different places.
In the first place, the people were friendly, the businesses responsive, customer service ruled, competition flourished, and culture, food and entertainment were available to everyone.  National Chains and Big Box stores found it hard to compete there, and had only a nominal presence.
In the second place, people are generally rude, you must beg someone to commence or complete work, even the "best" business leave you wondering what you paid for, stores and restaurants are dirty and the staff indifferent on a good day.  Wal-Mart and McDonalds abound, and chicken strips are de rigeur dining.

The only large difference between these places is the number of undocumented immigrants from latin America.  They have many similarities in latitude, climate, resources, population size, and area.

Another entrepreneur and I regularly discuss our latest calamities with the simplest day to day tasks.
and can trace almost every single incident to the shallowness of the labor pool.  


Say you're a rancher.  On this ranch, you have livestock and hens a-plenty, and naturally are very protective of your land since your stake of property provides you everything.

Then, some foxes and coyotes decide your animals look tasty, and people are stealing your livestock.  What do you do?  You shoot the vermin and protect your land.  It's well within your right to do so.

What's the difference between the ranch in this example, and a sovereign country?  Scale.  That's it.  Why even have a border on a map if nothing is done to keep out people raping our resources?  Politically correct people can't see this, then decide it's inhumane and morally wrong to boot trespassers out of the country.  Grow up!  I swear, too many people are soft these days.  The West wasn't won by being polite.


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