An Update on Immigration

Despite the efforts to craft and approve immigration reform, a vote against existing proposals has stalled progress. Although this may come as welcome news to its many opponents, some issues remain unresolved.

One question remains, in light of the legislature’s decision: What, if any, hope remains for landscape firms who rely heavily on migrant labor? The future does not look promising, according to Elena Park, chair of West Conshohocken, Pa.-based Cozen O’Connor, an international law firm that handles many different practices, including immigration law. In fact, Park explains that the nation now is left with a stagnated, outdated and broken immigration system. “Landscape and/or other firms potentially hiring or employing undocumented workers could face sanctions, fines and even raids, since the Immigration and Customs Enforcement (ICE) plans to continue with its aggressive efforts,” Park says.

Proceed with Caution
Landscape organizations need to be closely familiar with U.S. immigration compliance laws, says Hector Chichoni, an immigration attorney with the Miami-based office of Squire, Sanders & Dempsey LLP.

“One of the challenges this industry confronts is the availability of American citizens and permanent residents to perform the basic laborer’s tasks,” Chichoni says.

The danger in working with illegal employees is broadening as well, Chichoni explains. “The lack of solutions [to the issue] and the need for firms to survive may even force employers to operate in a ‘black market,’ which could result in the involvement of other agencies such as the Internal Revenue Service, Social Security Administration, Department of Labor and others,” he adds.

As far as the potential for significant immigration reform, the likelihood of anything happening before 2009 is low, says Carl Hampe, Baker & McKenzie’s Washington, D.C.-based immigration attorney. “Significant legalization or guest worker programs will not likely be considered by Congress until then,” he adds.

Recognizing Issues
The biggest concern should be focusing on the potential danger of trying to get around the current lack of legal workers, according to Hampe. “Companies that rely on unskilled labor, such as landscape firms, need to ensure that they have done everything possible to avoid allegations that they have knowingly hired unauthorized aliens or otherwise did not comply with employment verification rules,” he says.

To avoid some of the potentially problematic situations, it is crucial for landscaping firms to establish internal audit systems within their organization that will help them avoid liability, Chichoni advises.