More employers may be using temps to skirt immigration laws

From Alabama poultry plants to Utah hotels, employers who want to hire unauthorized workers—or to escape accountability for their poor treatment of legal workers—appear to be turning to temp agencies and other labor contractors to evade scrutiny.

The practice is especially prevalent in Western and Southern states that require private employers to use E-Verify, a federal online service, to confirm that their employees are legal residents.

In eight of the nine states that require E-Verify for private employers (Alabama, Arizona, Georgia, Mississippi, North Carolina, South Carolina, Tennessee and Utah), the number of temporary workers grew faster than the national average between 2012 and 2016, according to a Stateline analysis of Bureau of Labor Statistics data. The one exception was Louisiana.

“It is not a coincidence that the significant rise in temporary workers happened around the time when a number of states were enacting laws which mandated use of E-Verify,” said Muzaffar Chishti, an immigration law expert at the Migration Policy Institute, a nonprofit research group.

“(Companies) quickly realized that the law applies to hiring people, but they can’t accuse you if you’re not literally hiring people. They could get agencies to hire for them or use workers as contractors without hiring them,” Chishti said.

The federal government had already taken action against Pilgrim’s Pride. The company paid a $4.5 million settlement in 2009 after federal authorities arrested 338 illegal immigrants during raids on plants in five states.

In 1986, the federal Immigration Reform and Control Act made it illegal to knowingly hire unauthorized workers. Employers have sought ways around the law ever since, according to Chishti.

More recently, in 2014 U.S. Immigration and Customs Enforcement uncovered suspicious hiring at a Salt Lake City-based hotel chain. Grand America Hotels and Resorts paid nearly $2 million to settle accusations that managers and employees created temporary employment agencies to rehire unauthorized immigrants who had been fired after an earlier audit.