INS and Labor Department Sign Memorandum of Understanding
Posted Dec 14, 1999

In late November 1998, the Immigration and Naturalization Service (INS) and the Labor Department's Employment Standards Administration (ESA) signed a memorandum of understanding (MOU). The goal is for the two agencies to coordinate operations, and to encourage complaints about labor abuses by employers and protect the foreign national in such cases. The disadvantage sometimes is that false complaints are provided, wasting time and limited resources.

INS Commissioner Doris Meissner commenting about the MOU declared that: "In addition, the MOU will sharpen our focus on businesses that flout U.S. immigration laws by hiring undocumented workers for substandard wages and employing them under conditions that range from improper to inhumane."

In reality, the INS and the Department of Labor through the ESA are targeting businesses which they suspect of providing employment to unauthorized foreign workers because that is one of the goals of recent laws on immigration. There has been much concern among those who are out of status that the MOU will now result in enhanced raids at work facilities. While strengthened border enforcement prevents significant numbers of illegal aliens from entering the country, work site enforcement is the primary means of reducing the incentive of U.S. employers to hire unauthorized workers. INS is responsible for enforcing the provisions commonly referred to as "employer sanctions" or work site enforcement within the U.S.

Already, in the last several months, we have heard of several INS raids against ethnic restaurants and other establishments which are historically known to hire foreign nationals who may not have the necessary documentation. This MOU increases the likelihood of joint maneuvers between the two agencies. It is not uncommon for U.S. citizens or permanent residents who have strong accents and who do not have their documents with them to be taken into custody.