Changes in Immigration Policy Affecting Restaurants
Many undocumented immigrants have been in the U.S. for years; some came as children and have been in the U.S. all their lives. The U.S. stated general policy, as set forth in federal law, was that undocumented immigrants were subject to removal or deportation. The policy now is changing, partly due to President Barack Obama’s executive orders to grant undocumented immigrants legal status. But one thing is for sure: The changes in immigration policy are affecting everyone, particularly the restaurant industry.
The U.S. restaurant industry relies on immigrant labor, and the immigrant laborer may likewise benefit from the work. For the immigrant worker, working in the U.S. is as an opportunity to have a better life in the U.S. than in his or her homeland. Restaurants often lead the charge in offering entry-level jobs to new job seekers. Moreover, restaurant managers’ job is just that: to manage restaurants, and the federal government’s job, among other things, is to clarify immigration laws.
The methods and procedures for checking an immigrant’s background and verifying his or her legal status before hiring him or her are intended to ensure that employers do not hire an immigrant with an undocumented status. Nevertheless, the difficulty of using said methods and procedures and their unclear penalties confuse or scare many employers or potential immigrant employees. Thus, the methods and procedures for verifying an immigrant’s status vary. Many immigrants tend to seek work in locations where ordinarily extensive background checking is not done. Employers may not have the wherewithal to verify. The E-Verify program, an online resource which provides background data from multiple federal databases, is not perfect and presents a host of practical problems to many small businesses.
Moreover, at times, employers will use undocumented workers and pay them less than the minimum wage or otherwise take advantage of them. Too many immigrants know this reality all too well.
The solution is for law and procedure to be uniform, clear, and easy to sue. But this will not happen overnight, if at all.
If you are an immigrant and you are in trouble with the law, you have rights and legal remedies. If you have questions or concerns about America’s immigration laws and policies or the changes therein, talk to a lawyer. For more information, to have questions answered, and to have concerns addressed, contact Nashville Attorney Perry A. Craft.
Perry A. Craft has dedicated his life to helping people in need. He has tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Craft.