Employer-focused immigration enforcement won't work without comprehensive immigration reform
Source: Marc Novicoff. "The Immigration Restriction Trump Won’t Try - The Atlantic." March 26, 2026. www.theatlantic.com
The Gist
The author argues that making employers verify workers' legal status (E-Verify) sounds like a good solution to illegal immigration, but it won't work because it's been tried before and failed. The problem is now too big, and politicians from both parties don't really want to crack down on businesses that hire undocumented workers.
Conclusion
Mandatory E-Verify and employer-focused immigration enforcement cannot effectively address illegal immigration until all other immigration system issues are resolved first
Premises
- E-Verify has consistently failed when implemented at state and federal levels due to lack of enforcement - Arizona has only put three businesses on probation despite mandating E-Verify since 2007
- The undocumented population has grown from 3.5 million in 1990 to approximately 15 million today, making the problem too large for employer sanctions alone to solve
- Both Republican and Democratic administrations have shown reluctance to seriously prosecute employers, with only 10 federal prosecutions in fiscal year 2025
- Suddenly declaring 15 million people unemployable would be economically destabilizing, especially since most have been here over 10 years and live with citizens or legal residents
- The 'knowing' requirement in current law creates a loophole that employers exploit - those who don't use E-Verify face no consequences while those who do risk liability
- Historical evidence shows that without comprehensive reform addressing all aspects of immigration, piecemeal enforcement measures fail to achieve their goals
Assumptions
- Effective immigration policy requires addressing root causes and comprehensive solutions rather than single-point interventions
- Employer behavior is primarily driven by economic incentives and risk calculations rather than legal compliance
- The current undocumented population is too established and integrated to be easily displaced through employment restrictions alone
- Political will for serious employer enforcement has been consistently lacking across different administrations and parties