New Techniques in Investigating Immigration Fraud
May 2011
IN THIS ISSUE
— Beyond Politics: The Effects of Immigration Fraud on Businesses
— Old Mouse, New Traps: Enforcement Efforts and Preventative Techniques
GREETINGS!
Welcome to the May edition of our newsletter! In this issue, we’ll examine new techniques and efforts used by authorities to root out immigration fraud, and how you and your clients can remain protected from possible exposure.
BEYOND POLITICS: THE EFFECTS OF IMMIGRATION FRAUD ON BUSINESSES
The employment of people who immigrate to the United States illegally has been a political hot potato for at least 20 years, with the topic gaining attention following the ratification of the North American Free Trade Agreement in January 1994. While various episodes shine a spotlight on differing sides of the issue of whether such immigrants should be allowed to stay, the evolution of efforts to identify and (where necessary) prosecute offenders — both employee and employer — have grown with much less scrutiny.
The penalties for employers who knowingly employ illegal immigrants can be severe, increasing in 2008 to $3,200 fora first offense and $16,000 for repeat offenders. While media attention focused on highly-charged, ideologically driven stories — like the case of a firm building a California “border fence” that was penalized as much as $5 million for employing illegal immigrants — law enforcement officials have adapted their techniques for identifying offenders to stay in step with changing technology.
OLD MOUSE, NEW TRAPS: ENFORCEMENT EFFORTS AND PREVENTATIVE TECHNIQUES
Law enforcement officials have, albeit somewhat slowly, begun to adapt to and understand how technology allows a vast diaspora of illegal immigrant workers to keep in touch with a veil of secrecy, as this white paper on the use of social networking sites shows. The anonymity of Internet postings can be an asset to “immigration brokers’ looking to smuggle into the United States, but the same sources can be used to help identify offenders as well.
A diligent fraud examiner, can, for instance, run a client employee’s Social Security number through the 89-million record Social Security Death Index to see if the number was obtained theft of a public record, forgery or other means. Another good step is to identify the people living with a subject to see if each received their Social Security numbers around the same time, a hallmark of large immigration fraud and smuggling rings. If you are unsure of the veracity of a birth certificate, work visa, passport or other identification information, retention of a handwriting and document examiner can help determine whether someone’s documentation is legitimate or if you, as the employer, might be left exposed to significant civil penalties. A small measure of prevention and diligence can avoid harsh penalties, media exposure and negative attention throughout the business community.