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  • Title: [Illegal migrants and sanctions against employers in the United States: the anti-model of state laws].
    Author: Ardittis S.
    Journal: Studi Emigr; 1984 Jun; 21(74):153-74. PubMed ID: 12313240.
    Abstract:
    This study attempts to demonstrate the various reasons why sanctions against employers of illegal migrants have never been effectively enforced in the 11 US states and 1 city that have passed such legislation, and to assess the factors involved in the ineffectiveness of state laws: the lack of resources and experience for enforcement, and the exclusively local authority of the laws. Some of the state laws refer only to the legal residence of the migrants while others pertain to the lack of work permits. In all jurisdictions only 5 cases have been brought as a result of the laws. The ostensible reasons for the failure of the laws include uncertainties about proof of the employer's knowledge of the immigrants' legal status and uncertainties related to the primacy of federal legislation covering migrants and the lack of specific provisions covering employment within such legislation. The deeper reasons for the failure of such laws result from absolute opposition to them by civil rights activists and minority groups, especially hispanics, on the 1 hand, and on the other by the economic groups most directly affected, which are primarily the traditional employers of illegal workers. It must be asked whether the major problem resulting from non-application of the laws is the lack of results obtained by the states or the absence of experience that could guide impending federal legislation by indicating the results of sanctions against employers on the rate of irregular migration or whether a substantial reduction in the number of illegal workers in the secondary sector of the economy results in a greater employment of lower level native workers.
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