Two Sides to Immigration Law : Orange County incident raises the issue of employers’ responsibility

The bitter strike by drywallers against the construction industry in Southern California turned ugly last week when nearly 150 demonstrators in Orange County were rounded up by sheriff’s deputies on an assortment of charges. When it became clear that felony charges of kidnaping stemming from a work-site confrontation would not hold up in court, the strikers were charged with trespassing, a misdemeanor.

But even the reduced charges did not quite fit the best-laid plans of the prosecution. The Orange County district attorney’s office acknowledged that it was caught off guard when so many of the suspects drew a line in the sand by refusing to plead guilty.

Many jailed workers have been separated from their families for days on end while officials of the Immigration and Naturalization Service review their immigration status under threat of deportation. By preferring to have their day in court, these Mexican immigrants have done more than pack the already overcrowded Orange County jails and put unnecessary stress on the already overburdened courts. They have drawn attention to their labor dispute and how it fits in with the larger mosaic of U.S. immigration policy.

This dispute has highlighted the responsibility of developers and builders, not just the laborers, to comply with the requirements of the Immigration Reform and Control Act.

The law requires employers to screen workers and be able to vouch for the legitimate immigration status of employees. So what of the employers who hired these immigrants to put up their drywall? Are not employers subject to sanctions if they have hired immigrants who turn out to be illegal? The INS started turning wheels to send workers back to Mexico, but no charges have been brought against any builders.

In the troubled Southern California economy, both sides bring justifiable concerns about economic viability, growth and jobs to the bargaining table in such a labor dispute. But when authorities descend and the prosecution begins, illegal immigration turns out to be everybody’s responsibility.