Wednesday May 22 2013

Exploiting immigration loophole, Farm workers, nannies can sidestep immigration checks


Loophole in immigration system is a cause worry for the experts; they feel that this loophole might result an adverse effect on the immigration system of the region.

The Law States:

According to the newly implemented law on 1st January 2012, all the private organizations and business firms of South Carolina are strictly required to make use of the federal E-Verify database to keep a check on the immigration status of all the new employees hired by them. No firm can employ new immigrant employees without this check otherwise they will be liable for strict legal action.

The Loophole:

The implementation of this law as an exception for the special categories of immigrant workers which includes the agriculture laborers, any domestic worker employed in the private homes, the fishermen and ministers working for crews, if they are 10 or less in number. As per this exception their employers can skip their E-verification process specified by the government, hence making it a loophole and leaving a gap through which illegal immigrants may enter, stay and work in the region. Therefore, the farm workers, nannies, domestic workers can easily by-pass this law.

Matter of Concern:

The recently noticed loophole is a big matter of concern; the experts found this exemption quiet unfair as it is available only to special class only, not for other categories of small business.
Another factor of concern is the law was implemented with the intention to keep a check on illegal immigrants from coming and working in South Carolina. The illegal immigrants were found reason of various problems like growing unemployment and crime in the region. Experts feel that with this exception in function it is difficult to put a full stop on growing of illegal immigrants, hence totally beating the purpose of the new law.

The Supporters Point of View:

According to the supporters of this exception, it was a much required step; otherwise it would have been very difficult to get appropriate number of workers for this specified kind of jobs. It was expected that the region may have to face shortage of workers for field work and would have led to high agricultural losses.
The supporters are of view that this exemption have nothing to do with fruitful applicability of the law, but as per them agriculture and domestic work have special situations, some of the temporary foreign workers may have some problems with E-verification processes, but the government cannot afford to lose them.
They also assure that this step has been taken with the affirmation of public opinion and is justified for the overall benefit of South Carolina.

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