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INS AND LABOR DEPARTMENT REACH DEAL TO CRACK DOWN ON EMPLOYERS OF UNDOCUMENTED WORKERS

Both the INS and the Department of Labor deal with employment issues. But while these agencies have overlapping jurisdiction, the two have often failed to cooperate. The two agencies recently released a memorandum of understanding that is intended to mark a change.

In recognition that one of the primary motivations for illegal immigration is employment, the memorandum stresses the need to reduce the economic incentives of using unauthorized workers. It is the duty of the INS to enforce sanctions against employers who use illegal workers, but without the aid of the Department of Labor it is difficult for the INS to discover all violations.

The memorandum requires both agencies to cooperate in coordinating enforcement efforts. One of the primary changes under the new understanding is that immigrant workers will be free to report complaints about labor violations to the Department of Labor, and the Department will no longer refer the matter to the INS unless it concerns serious violations by the employer. No inquiry will be made by the DOL into the employee's immigration status. This should make immigrant workers more willing to come forward with information about substandard working conditions and employers who use illegal labor.

Both agencies hope the new understanding will allow them to focus their "efforts on the source of illegal immigration, that is, those employers who lure illegal workers into this country, pay them less than legal workers, and maintain substandard, often intimidating working environments" says INS Commissioner Doris Meissner.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

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