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Not sure if I agree with that.
Unless you are making the case that a business owner is knowingly, intentionally contacting people in Mexico, and saying openly if they come, he'll pay them illegally....... then I don't see that as being the same thing.
No, they are not contacting people in Mexico, but the people in Mexico know if they come people will hire them. Those people that are more than willing to hire them are why they come.
If someone shows up.... and asks for a job.... and I have nothing more to do with it, than determining if I wish to hire someone.....
Then that to me is not the same. It's not the job of a business owner to filter out people who should not be in the country to begin with. It's not the business owners job to control the border. It's not the business owners job to enforce immigration laws.
It is the Federal Governments job to protect the nations borders, by controlling who enters the country. It's a fundamental duty of the government, to do that.
As for requiring that business is responsible for enforcing immigration controls, this is another area, where if you flipped it around on yourself, you would never accept such logic.
Few years back, had a guy knock on my door, and ask if I wanted my back deck painted. Am I now responsible for doing a background check and determine if he is legal to work?
Say a guy asks if you if he can wash your car, or mow your lawn, or black top your drive way, or shingle your roof. Do you pay money to do a full background and I-9 lookup to determine his legal status?
Should you be tossed into jail, or fined thousands of dollars, if the guy you hired to do any of those things, turned out to be illegal?
You would never tolerate such unfair punishment against yourself. And of course not. Why would you be required to do these things?
Well what is the difference between you directly hiring a guy to mow your lawn twice a month for cash, and you hiring a lawn service that hires a guy to mow your lawn?
The only difference is, you can track with paperwork, the business owner. But otherwise they are identical actions.
So should we toss you in jail for hiring someone, who turned out to be illegal? I don't think so.
Maybe the authorities that are in charge of enforcing the law, should be the authorities who enforce the law. That's my view.
Unless you can absolutely prove that a business owner is intentionally aiding and encouraging violation of the law. Then I'm with you.
To answer all of that, yes, it is the employers responsibility to know if the person they are hiring is legal to work in this country.
I would never hire someone to do the work you mentioned without some sort of a check on them, if you do you are a fool. And not even just for immigration status. If you let people that walk up and knock on your door do work in and around your house without checking them out...you are just begging for problems.
I mow my own lawn, but my lawn Chem company has a license to operator from the county, thus they have been checked out by the county.