The risk of hiring undocumented immigrants

The companies and entrepreneurs that hire undocumented immigrants are exposed to civil and criminal sanctions. This is seen as a criminal offense unless the employer shows clear and convincing evidence that they were unaware the employee is undocumented or that they presented false credentials.

Recently, news were made public about the owners (of Chinese descent) of a pair of Chinese food restaurants in Orlando, Florida, who were prosecuted and sentenced to ten years in prison for hiring undocumented immigrants. In addition, their homes, vehicles, and thousands of dollars in fines were confiscated.?

This investigation started several months ago, revealing that various employees from Central America, primarily Guatemalan, were working in the restaurants. At the end of their workdays of up to twelve hours a day, they were transported to nearby houses owned by the same owners. Some of the employers' deals with the workers were: paying them around $4.000 a month and providing housing and food. ?

The investigation proved violations of human trafficking statutes, severe violations of U.S. immigration laws and administrative law regarding who can and cannot work, tax evasion, etc.?

At The Law Office of JAL, PLLC, we always urge the community to be legal, that is our standard premise. In this case, if an immigrant wants to start or has already started a company in the United States, it is crucial to be careful when hiring undocumented people. As an employer, you should check that documentation such as work permits, social security, among others, are legitimate. When such cases are investigated and result in the verification of illegal hiring, the employer suffers the most significant risks and consequences. Law enforcement will see them as the person or entity that facilitated the law’s violation, even when some of those actions may appear to be good (providing transportation, housing or food, etc.).

Consequences may include a deportation order, and if the entrepreneur is a resident or is in residency proceedings, they may even lose their status.

Although people often operate with humanity and empathy, we cannot expect it will always be the same. The laws are clear, hence the importance of adhering to them and doing everything correctly.