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Private Enforcement Scheme to Spur Self-Deportation ([link removed])
Using tax law to reduce illegal immigration
Washington, D.C. (February 4, 2025) – A new Center for Immigration Studies report presents a legislative proposal that offers a low-cost solution to reduce the presence of illegal aliens in the United States by limiting their employment opportunities. This approach focuses on incentivizing whistleblowers to proceed against employers hiring illegal aliens rather than relying solely on government enforcement.

“When employers come to know that they are exposed not just to the distant risk of government enforcement, but also to the real and immediate threat of actions brought by private citizens, they will have no choice but to comply with E-Verify,” said Ajay Gupta, a tax lawyer and author of the report. “With accountability certain and jobs scarce, many unauthorized aliens will leave on their own. If Congress is serious about reducing the illegal alien population, this is the plan.”

KEY FEATURES OF THE PROPOSAL:

Private Enforcement Mechanism:
* Introduce a punitive tax on employers for all compensation paid to illegal aliens for their personal services or labor.
* Allow private citizens to enforce the tax through lawsuits, enhancing compliance with existing immigration laws.

Incentivizing Employer Compliance:
* Employers who use E-Verify – a free, online tool to verify work-authorization status – would be immune from the private lawsuits.
* Reduce illegal employment opportunities, thereby encouraging unauthorized aliens to self-deport.

Minimal Legislation Required:
* Amendments needed to the Internal Revenue Code and the False Claims Act total approximately 650 words.
* These changes could be seamlessly incorporated into a budget reconciliation bill.

Addressing IRCA’s Shortcomings:
* The Immigration Reform and Control Act of 1986 (IRCA) made it unlawful to hire an alien knowing that the worker is not authorized to work. However, it has historically been under-enforced, with minimal civil and criminal penalties for employers hiring unauthorized aliens.

Legislative and Economic Implications:
* This strategy draws on historical lessons, such as Britain’s 19^th century efforts to curb child labor, which showed private enforcement to be more effective than government enforcement alone.
* It would protect domestic wages by reducing competition from illegal workers and can later expand to address other labor issues.

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