Hiring - APRO

checking and double-checking documents. And the safeharborregulations carry their own heightened risk of financialpenalty. “The procedures defined in the rules arenot really voluntary,” says Paparelli. “The employer whofails to carry out the defined steps risks being chargedwith ‘constructive knowledge’ of the employment ofworkers who lack the right to work. This would put theemployer in violation of immigration laws.”An injunction by a federal court in late 2007 delayed implementationof the new regulations. However, the reprieveis expected to be short-lived. “We’re currently seeing whatwe can do to address the concerns that the judge entered inorder to see whether we can get the injunction lifted, andthen go forward with this regulation,” Homeland SecuritySecretary Michael Chertoff recently told Congress.The government has stated that it intends to reissue thesafe-harbor rules in revised form to satisfy the court’s concerns.This delay provides employers with additional timeto study the proposed rules as well any related regulationsthat are likely to flow from the federal pipeline. (For details,see the sidebar, “Safe Harbor for Employers.”)Staying informedMany feel that recent changes in federal regulationsrepresent an attempt to shift the border control effortfrom the government to the private sector. “Employers feelan unreasonable burden is being placed on their shouldersto control undocumented employees,” says attorney Tapia-Ruano. If more is expected of the employer than ever before,though, it only highlights the need to maintain vigilancein hiring procedures. As the face of America’s workforcechanges, employers can be sure there will be additionalchanges in federal, state and local regulations. JPhillip Perry is a business writer based in New York City.Getting helpEmployers requiring legal assistanceon immigration law may turn to theseresources:•• The Academy of Business ImmigrationLawyers, www.abil.com•• The American Immigration LawyersAssociation, www.aila.org•• FindLaw—categorizes attorneys by legalissue, including immigration law,http://lawyers.findlaw.comFEBRUARY-MARCH 2008 29