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View Full Version : Immigration, need help......



Donziweasel
08-15-2008, 11:36 AM
The JH Airport has decided to do background checks on all employees, including mine. While I was having employees fill out the docs, 2 of them came to me with an issue. They are from Mexico and have worked for me for 5+ years. I can not tell you how good a guys they are. Anyway, they said they are in the US illegally. They both have SS cards, drivers liscences and pay taxes. An attorney told us that they would not be eligable for a work visa or citizenship for 10 years since they have entered the country illegally. Does anyone know anything about this? I need help bad, I can not afford to lose these these great guys.

gcarter
08-15-2008, 11:46 AM
I'm no attorney, but I have lived in South Texas most of my life.
You just might need to get your head around the fact you'll probably lose them.

mrfixxall
08-15-2008, 11:51 AM
The JH Airport has decided to do background checks on all employees, including mine. While I was having employees fill out the docs, 2 of them came to me with an issue. They are from Mexico and have worked for me for 5+ years. I can not tell you how good a guys they are. Anyway, they said they are in the US illegally. They both have SS cards, drivers liscences and pay taxes. An attorney told us that they would not be eligable for a work visa or citizenship for 10 years since they have entered the country illegally. Does anyone know anything about this? I need help bad, I can not afford to lose these these great guys.

the only way around it is they may have to marry a american,even then that would take some time to get their green card...my brother mrried a latina girl and it took her 3yrs to get her card..

or dont send them to the airport..

cutwater
08-15-2008, 11:59 AM
Is the airport doing periodic checks on current employees, or will this be from the present time forward so that all new employees are screened? I'm guessing it's the latter, and you might be up a creek... Do you have any positions you could give these guys that don't require entering the airport grounds?

handfulz28
08-15-2008, 12:07 PM
To get them legal, they have to go back to Mexico and try to get back in like they were never here. Even the marriage option would require them to go back and do it the "right way."

Whose identities are these guys using? Do the background check yourself to see what comes up. Is it just criminal records check, or more in depth?

Whatever you do, you don't want to put yourself on the hook for hiring illegals.

Rootsy
08-15-2008, 12:11 PM
I am sorry John, but ethically you need to let both of them go and report them to INS. Not only are they here illegally but they are committing identity theft and fraud. By not doing so makes you an accessory.

There are a whole lot of folks that come to this country every year and dedicate a lot of time and money in order to navigate the system to become LEGAL citizens.

You and others may disagree with me but it is what it is...

gcarter
08-15-2008, 12:21 PM
John, you might want to ask your lawyer what liability you may have for hiring them.They're coming down hard on employers too.
I've never hired any Latinos from any country, but I do the required check on all my new hires even though they came from Wildwood, Florida.
It is the law.

Tough though, good employees are hard to find.

kd5cue
08-15-2008, 12:28 PM
YOU NEED GIVE THEM THE BOOT,they could fine you for hiring them

Donziweasel
08-15-2008, 01:29 PM
I realize that illegal immigration is a sore subject and many poeple have strong feelings about it. I do NOT want to turn this into a illegal immigration thread. I will say I do NOT believe that people inside the US who work, don't pay taxes, send all thier money home to thier country, utilize US infrastructure (umemployment, medical services, etc...) are good for our country right now.

BUT....these guys are both married, have children, pay taxes and have been exemplorary citizens with no criminal records. They are hard working, honest, decent guys who came here wanting a better life than what they had and in no way shape or form are they a drain on US infrastructure. Whether I knew if they were illegal or not is not really a point. They filled out an I-9 and provided the necessary documentation to hire them. To be honest, I did not really know.

Now, not running them at the Airport is not a legal remedy to the situation. I want to fix this. Both want US Citizenship or a work visa. I am willing to sponsor both.

Also, the background check is mandatory for all Airport employees or any employees of companies that operate at the airport.

I also want to say that I have employees who do not like hispanics, these two guys included. Jackson Hole would cease to function without our hispanic workforce. They do the jobs no else will. Cowboys and hippies don't clean hotel rooms, bus tables, etc.... If you live in Jackson, whether you like or dislike hispanics, everyone agrees that they are the most important part of our infrastructure. I can not stress how much they contribute to an area that is having a serious employee crisis already. I don't even want to imagine what would happen to Jackson without them.

I am going to use every legal option before I decide whether or not to terminate thier employement. After I ahve exhuasted those avenues, I will make the decision on what to do.

Donziweasel
08-15-2008, 01:32 PM
Scott, just saw your thead. They obtained the SS cards when they first came here in the 1990's on a work visa. Both entered the country legally. They simply did not go home and renew it when it expired. Both cards are legal.

Donziweasel
08-15-2008, 01:48 PM
The reason it really sucks, is that after working for me for over 6 years, they have become freinds. I also admire them for the fact that they want to make it right by either becoming citizens or getting a work visa. They are not trying to get around it, they want to do whatever they can to fix it legally. I have fired dozens of employees over the years. If I have to let them go, it will be the hardest day of my ownership of Alltrans, Inc. I will not report them to INS though, I simply can't. They have broken thier backs working for me over the years. I owe them far more than they will ever owe me. I wish I had 20 more with the same work ethic.

Rootsy
08-15-2008, 01:53 PM
Honestly John,

I wouldn't be posting this information on a public forum in the event that legal issues become a reality in this case.

I would consult your lawyer as well as an immigration lawyer on both parties behalfs.

Good luck to you as well as your employees.

chappy
08-15-2008, 01:57 PM
Honestly John,

I wouldn't be posting this information on a public forum in the event that legal issues become a reality in this case.

I would consult your lawyer as well as an immigration lawyer on both parties behalfs.

Good luck to you as well as your employees.

+1

I don't envy you John, you're in a tough spot. Unfortunately, I think you need to think with your head here, not your heart. I understand that's easy for me to say, these guys haven't busted their azz for me, they have for you. Tough one.

Donziweasel
08-15-2008, 02:03 PM
I am not too worried Jamie, as I am trying to find a solution, not trying to get around the law. If there is not legal way to fix this, then I will take appropriate action to protect my company by letting them go. I want to give the legal process time and get information, hence this thread, that is all.

I will never do something that might put my company, and me and Boo Boo's, lively hood in danger. I honestly did not know they were illegal till today.

I hope all of you realize I am simply asking members who might have had a simliar situation for advice, not trying to get around immigration laws.

I spoke to my attorney, and he is looking for an immigration attorney. I asked him the possible penalties for me. They are minor actually. If less that 1/2 of your workforce was HIRED by you when you knew they were illegal, fines are stiff and jail time is possible. Since I thought they were legal and presented documentation to prove it, I am somewhat protected.

txtaz
08-15-2008, 02:31 PM
Yeah I'm sorry to say, you are in a bind. I live in San Antonio and see illegals all the time. INS and ICE are cracking down hard here in South Texas. There are news reports almost every day about an illegal killing someone or causing accidents not even mention the human trafficking and hold houses.

You might call Carabin and Shaw here in SA 1-800-862-1260. I'm sure they have done many cases like yours.

Best of luck.
Da Taz<---No witty comment on this subject.

Donziweasel
08-15-2008, 07:53 PM
Thanks for the info Taz. I put them on administrative leave till I can figure out what to do.