As states and localities consider making the Basic Pilot mandatory, they should not only consider the weaknesses of the program, but also understand that an approach that relies only on enforcement of penalties against employers that violate the law regarding employment eligibility verification will not solve the problems associated with unauthorized employment.  The lesson learned from the Immigration Reform and Control Act of 1986 (the federal law that for the first time required employers to verify the work eligibility of all new hires) is that some unscrupulous employers knowingly hire undocumented workers because they assume that such workers will be reluctant to hold them accountable for labor law violations.  It is common practice for these same employers to use the existence of the employer sanctions scheme to threaten undocumented workers with deportation if they do indeed complain about deplorable working conditions. 

    A much better proposal for states and localities is to more effectively enforce state and local labor laws and to enact stronger labor protections at the state level to hold employers accountable for labor law violations and remove the economic incentive to seek out and unfairly exploit undocumented immigrants.  In addition, states and localities should call on Congress to reform our immigration system and provide a comprehensive opportunity for currently undocumented noncitizens to earn legal status.

    An issue brief explaining in more detail why states and localities should not require employers to participate in the Basic Pilot program, which originally was published in the Oct. 31, 2006, issue of Immigrants’ Rights Update, has been revised.  The revised issue brief can be downloaded in PDF format.