I play in a musical group in the Imperial Valley. All of our band members live in the Valley; we pay taxes and have our business license. My question is how so many bands and musicians from Mexico keep getting hired here in the Valley, when most of them don’t have the proper documentation to work in the United States. A lot of the local establishments like The Amigo Room, Vallartas in El Centro, and Mike’s Place in Calexico hire these people. They also get hired for private parties. Who would be responsible if a musician got caught working in these places? — Taxpaying musician, El Centro
As much as we like Mexican music, this Probe writer raises a valid question. Yet, the writer seems to be operating on the assumption that many of the Mexican musicians lack proper documentation to be working in the U.S. While we can’t be certain that is the case, we will answer the question as best we can.
Foreign artists wishing to perform in the states can apply for a special visa to perform stateside. Applications for this kind of temporary employment visa would be reviewed and approved by the U.S. Citizenship and Immigration Services, said Virginia Kice, Western Regional Communications director/spokeswoman for U.S. Immigration and Customs Enforcement.
The person responsible for employing the undocumented musicians would ultimately be the employer. As for enforcing the laws related to the hiring of unauthorized workers, that task falls to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. HSI worksite investigations and arrests are based on specific intelligence obtained from a variety of sources, Kice said. Although investigations involving businesses connected with critical infrastructure and key resources receive top priority, no business is exempt from complying with the law or being the subject of an HSI investigation, she said.
Penalties for hiring unauthorized workers can result in fines and criminal prosecution. Fines range from $375 to $16,000 per violation, according to information found on the ICE website. Failure to verify the identity and employment eligibility of all individuals hired in the U.S. may also result in fines ranging from $110 to $1,100.
When determining penalties, ICE considers the size of the business, efforts to comply, the seriousness of the violation, whether the violation involved unauthorized workers, and history of previous violations.
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As much as we like Mexican music, this Probe writer raises a valid question. Yet, the writer seems to be operating on the assumption that many of the Mexican musicians lack proper documentation to be working in the U.S. While we can’t be certain that is the case, we will answer the question as best we can.
Foreign artists wishing to perform in the states can apply for a special visa to perform stateside. Applications for this kind of temporary employment visa would be reviewed and approved by the U.S. Citizenship and Immigration Services, said Virginia Kice, Western Regional Communications director/spokeswoman for U.S. Immigration and Customs Enforcement.
The person responsible for employing the undocumented musicians would ultimately be the employer. As for enforcing the laws related to the hiring of unauthorized workers, that task falls to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. HSI worksite investigations and arrests are based on specific intelligence obtained from a variety of sources, Kice said. Although investigations involving businesses connected with critical infrastructure and key resources receive top priority, no business is exempt from complying with the law or being the subject of an HSI investigation, she said.
Penalties for hiring unauthorized workers can result in fines and criminal prosecution. Fines range from $375 to $16,000 per violation, according to information found on the ICE website. Failure to verify the identity and employment eligibility of all individuals hired in the U.S. may also result in fines ranging from $110 to $1,100.
When determining penalties, ICE considers the size of the business, efforts to comply, the seriousness of the violation, whether the violation involved unauthorized workers, and history of previous violations.
To join the discussion and add your comments to this story, please click here to be directed to Facebook.
