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Problem: Unless you’ve been living under a rock for several years, you know immigration is a hot topic. However, it’s always seemed to be someone else’s problem. No one has come knocking on your workplace door asking about the immigration status of your employees, and you hope to keep it that way.

Problem is, all that might just be about to change.

Under increasing pressure from the American public to take steps to curb illegal immigration, and having had no luck getting Congress to pass a guest worker program in Congress, the Bush Administration has decided to take action. It announced recently it would start strict enforcement of immigration laws this fall, beginning with a batch of mismatch letters that will be sent out any day now.

These letters inform you that the government is aware the Social Security number submitted by one of your employees on your tax forms does not 鈥渕atch up鈥� with the name associated with that number on the official government rolls. In other words, there is a concern the person providing that number isn’t really authorized to work in the United States.

The mismatch letters are created by the Social Security Administration, but the envelopes are being stuffed by the Department of Homeland Security, which means you can assume the worst 鈥� the same federal agency in charge of enforcing the immigration laws probably has knowledge of which workplaces might have offenders in their midst.

The magic number for Oregon employers is 3,014 鈥� that’s how many mismatch letters are being sent to workplaces in Oregon in the coming weeks. Thousands more will be sent out early next year during the next cycle. Will you be one of the lucky recipients?

Solution: Before we talk about solutions, let’s talk about the ramifications of ignoring a mismatch letter. If any employer decides to stick its head in the sand and ignore one 鈥� adopting a 鈥渄on’t ask, don’t tell鈥� policy about whether any of its workers are illegal 鈥� the government may conclude the employer has constructive knowledge that some of its workers are undocumented. It can then subject the employer to both civil fines and criminal penalties.

Remember watching the news and seeing those employers raided by immigration officials?

That’s the potential result. Clearly, ignoring a mismatch letter is no solution.

There are steps an employer can take now to prepare for getting a mismatch letter, and steps it should take after receiving one.

Conduct an audit today
You might consider immediately reviewing all of your I-9 forms to ensure compliance. If the federal government starts sniffing around, you’re going to have it done anyway, so a proactive audit is just what the doctor ordered.

In addition to checking to ensure all of the I-9 forms are completed correctly, you can use a Social Security number verification service to catch any mismatches now. If you discover any problems, you can 鈥� and should 鈥� address them now and document your efforts. You can hire a labor and employment firm to conduct such an audit or get a referral to a verification service.

Deal with the mismatch
If you receive a mismatch letter, you have a deceptively simple task in front of you. First check to see if a clerical error caused the mismatch, such as a transposed Social Security number. If not, you must inform the worker about the problem and have him or her complete the I-9 form all over again, as if it were the first day of employment. The employee completes Section 1 of the form and then has three days to provide you with proper documentation, including a photo ID, showing that he or she is authorized to work in the country.

If the employee can’t complete a proper I-9 within 90 days, you cannot continue to employ him or her, or else you could be held with the constructive knowledge of employing an illegal worker.

Labor shortage on the horizon
Workers are allowed to continue working during those 90 days. However, assuming a large percentage of the 138,000 mismatch letters to be sent out to employers across the country in the coming weeks result in undocumented workers abandoning their jobs at some point during that 90-day window, you can bet a labor shortage is right around the corner.

Many immigration and employment lawyers are predicting a labor crunch to begin around the busy holiday season and continue for several months.

Employers should begin to plan ahead. Even if you are certain you have no undocumented workers, you may feel the pinch as other employers scour the streets looking for help and steal away some of your employees. Consider alternative staffing arrangements during this time period, and perhaps consider offering 鈥渟tay bonuses鈥� if you really start to feel the labor shortage pains.

Don’t take rash action
With all of this talk about potential penalties and problems that could result from undocumented workers, your first instinct might be to fire any employee whose name comes up on a mismatch letter. Don’t throw away the baby with the bathwater. Give the employee a chance to correct the mistake, or else you could end up facing a discrimination lawsuit.

Rich Meneghello is a partner at the Portland office of Fisher & Phillips LLP, one of the oldest and largest employment law firms in the country, and is dedicated to representing the interests of management. He can be reached at [email protected] or 503-205-8044.