Latinos are, for the most part, sticking together on this issue. I have even met several Puerto Ricans, who are all legal citizens of the United States, taking up this cause on behalf of people from other Latin American countries.

Outside of enrolling with Homeland Security, your other option is to wait it out. If you try to figure it out on your own by asking probing questions, profiling language skills, checking birth certificates, etc., you are on a very precarious slope waiting for a discrimination lawsuit to be slapped against you. Trust me, there are many Latino attorneys seeking out these types of cases. Remember, it only takes you being wrong one time in your assessment of who you think is actually presenting legal documentation and who is presenting false documentation. If you do not enroll in E-Verify, you are still stuck with the same I-9 laws that have applied now for many years. The Catch-22 is obvious.

Many times, even if you follow the law, you can actually be hiring an undocumented workforce, and this exposes you on other fronts. To view what you can and cannot do in detail, I would refer you to the following web page to read a very good explanation by the U.S. Department of Justice:
http://www.usdoj.gov/crt/osc/txt/emp_g.txt.

The Options
1. Wait it out. This probably makes the most sense given all the circumstances. Just keep doing what you are doing and take the middle ground. It is probably the safest route.

2. Enroll in the E-Verify program. If we do not get comprehensive immigration reform in 2009, I would seriously consider doing this as we move forward. If you do it now, just be aware that you stand a chance of losing a portion of your present Latino workforce. If you do not presently have a significant Latino workforce and want to get into the market, it might be wise to go ahead and enroll in the E-Verify program. This way you are sure you are hiring a legally documented workforce.

3. Don’t hire Latinos. This is a very bad idea for two reasons. First, you could get hit with a serious discrimination suit, which would not be good for business. Second, by many accounts, the Latino workforce is the hardest-working, most loyal labor base in the country.

By the way, the Latino labor force also includes a significant number of professionals who are business leaders, attorneys, doctors, entrepreneurs and even several Fortune 500 executives. You may even have a Latino or two in your organization who started out in labor but moved up to a supervisory or superintendent role. Our present Secretary of Commerce, Carlos Gutierrez previously held the post of CEO of Kellogg’s. Let’s make sure we have a clear idea of the Latino culture, which is not only a “labor class” culture in the United States.

I am reminded of a story I heard recently from a friend of mine. When she came to the United States for the first time years ago from Colombia, she saw her grandfather’s hands and was emotionally moved. His hands were cut and rugged. He had found a job in a factory working with glass. The reason she was so shocked? When he left Colombia, he was second in line for the presidency!