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Amy Sherman
By Amy Sherman January 6, 2016
Back to Crack down on employers who hire undocumented immigrants

Obama has mixed record on immigration worksite enforcement

Years before efforts to overhaul immigration laws stalled in Congress, President Barack Obama made promises of his own to address illegal immigration.

During his 2008 campaign, Obama promised to "remove incentives to enter the country illegally by cracking down on employers who hire undocumented immigrants.

We rated Obama's promise a Compromise in July 2009 after Homeland Security Secretary Janet Napolitano said companies seeking government contracts would have to use a government database called E-Verify to ensure that their employees are legal. At the same time, she announced that the administration was getting rid of a Bush administration effort to force all types of companies to fire undocumented workers.

Now that Obama is nearing the end of his term, we're taking another look at the progress of Obama's promise. We found that Obama's progress on this promise has been mixed at best.

Presidents and punishments

Presidents of both parties have put pressure on employers to stop hiring illegal immigrants. The 1986 Immigration Reform and Control Act signed by President Ronald Reagan stated that employers couldn't knowingly hire unauthorized workers. Employers had to attest they made a good faith effort to verify eligibility by completing an I-9 form.

In the 1990s under President Bill Clinton, the federal government developed an online employer verification system now known as E-Verify. In the 2000s, President George W. Bush focused on workplace raids on factories and meatpacking plants. More recently, the Obama administration turned the focus on "paper raids," which refer to I-9 paperwork audits of employers, to determine if they complied with verification laws.

During Obama's first year in office, Immigration and Customs Enforcement started a new focus on civil fines. While the amount of such fines imposed totaled about $675,000 in 2008, the year before Obama took office, the amount has increased every year after, reaching about $16.3 million in 2014.

Despite the increase in dollars, the number of employers who paid such penalties is very low compared with the overall number of employers. Employers receiving final orders represented less than .02 percent of U.S. employers in 2014.

And the number of those convicted of criminal charges were about three times higher in Bush's last year of office than during Obama's tenure. Convictions hit 908 under Bush in 2008 but have ranged between 287 and 364 between 2009-14 under Obama. In 2015, convictions dropped to 167, according to an ICE spokeswoman.

Those numbers mean it's a mixed picture for Obama, said Alex Nowrasteh, an immigration expert at the libertarian Cato Institute.

"Some portions of immigration enforcement in the workplace have been ramped up during the Obama administration, while others have diminished," Nowrasteh told PolitiFact. "Twelve times as many administrative fines were issued in 2014 as in 2009, while the dollar value of all of those fines was 16 times as great. However, the number of those arrested on administrative charges has fallen by about two-thirds."

One other piece of data that we obtained from ICE is the number of Form I-9 inspections. Those started at 1,444 in Obama's first year and then peaked at 3,127 in fiscal year 2013 and then dropped to 1,242 in 2015.

Opponents of illegal immigration say those numbers show the Obama administration has lost interest in workplace action.

"The decline in emphasis on worksite enforcement is consistent with overall Obama administration efforts to dismantle immigration enforcement against all but the most egregious convicted criminals," said Jessica Vaughan, an expert at the Center for Immigration Studies, which advocates for low levels of immigration.

Members of the National Federation in Independent Businesses have supported a federal mandatory E-Verify system to ensure an even playing field among employers.

"What we worry about is being held responsible for the federal government's own failures to enforce the border and deport, said "Jack Mozloom, a spokesman for the federation that represents landscapers, contractors, restaurants and other small businesses. "By the time an illegal worker shows up at your door looking for a job, the federal government has already failed multiple times."  

Unauthorized labor force reduced?

One more way to examine the effectiveness of worksite enforcement is whether it helps reduce the size of the unauthorized labor force.

By that measure, Obama hasn't achieved his goal. Pew Research Center found that the number of unauthorized immigrants in the labor force remained fairly steady, around eight million, during Obama's first term.  

Employers' use of E-Verify has grown considerably under Obama's administration, but some of the credit for that goes to the states for their policies requiring E-Verify, said Wendy Feliz, spokeswoman for the American Immigration Council, an organization that is pro-immigration.

In November 2014, Obama announced a series of changes to immigration policies, including a new mandatory program to require employers to use electronic verification phased in over five years.

That would require legislation, which never happened, Vaughan said. In 2013, the House Judiciary Committee passed the Legal Workforce Act to phase in mandatory E-Verify but it never became law.

To address the issue of employers hiring illegal workers, the nation needs to more broadly address illegal immigration, some experts say.

"Whether that's somehow regularizing the presence of the one million or so ,or dealing with labor needs and movement of labor across the border, there is still a long way to go," said Garrick Taylor, spokesman for the Arizona Chamber of Commerce and Industry.

Obama has had a mixed record in achieving his promise to crack down on employers who hire undocumented immigrants. While the imposition of fines has increased, arrests have dramatically dropped. There is no mandatory E-Verify system, because Congress hasn't acted.

We rate this promise Compromise.

Our Sources

White House, "Strengthen enforcement," Nov. 20, 2014

Center for Immigration Studies, "ICE Records Reveal Steep Drop in Worksite Enforcement Since 2013," June 2015

Congressional Research Service, "Immigration-related worksite enforcement: performance measures," June 23, 2015

Congress.Gov, Legal Workforce Act, Introduced April 26, 2013

Interview, Alex Nowrasteh, CATO Institute immigration policy analyst, Nov. 30, 2015

Interview, Wendy Feliz, American Immigration Council spokeswoman, Nov. 30, 2015

Interview, Jeffrey Passel, Pew Research Center senior demographer, Dec. 1, 2015

Interview, Dani Bennett, U.S. Customs and Immigration Enforcement spokeswoman, Dec. 1, 2015

Interview, Jessica Vaughan, Center for Immigration Studies Director of Policy Studies, Dec. 2, 2015

Interview, Jack Mozloom, National Federation of Independent Businesses spokesman, Dec. 29, 2015

Interview, Garrick Taylor, Arizona Chamber of Commerce and Industry spokesman, Dec. 29, 2015

PolitiFact, "Obama holds record for cracking down on employers who hire undocumented workers, says Wasserman Schultz," July 3, 2013