Color me naive, I suppose, but I think laws ought to be applied equally - and I think there are a lot of assumptions made so I'd like to make a few comparisons and ask questions to make sure we all understand what is a known fact, and what is an assumption..
(By the way - I went to the Dept of State, and asked what visa requirements are for entering the U.S. - all I found so far is:)
# JANUARY 31, 2008
U.S. and Canadian citizens will need to present either a WHTI-compliant document, or a government-issued photo ID, such as a driver’s license, plus proof of citizenship, such as a birth certificate. DHS also proposes to begin alternative procedures for U.S. and Canadian children at that time.
# SUMMER 2008
At a later date, to be determined, the departments will implement the full requirements of the land and sea phase of WHTI. The proposed rules require most U.S. citizens entering the United States at sea or land ports of entry to have either a U.S. passport; a U.S. passport card; a trusted traveler card such as NEXUS, FAST, or SENTRI; a valid Merchant Mariner Document (MMD) when traveling in conjunction with official maritime business; or a valid U.S. Military identification card when traveling on official orders.
Interesting.
Anyway, I really don't know the legalities of other citizens visiting the U.S., particularly other North Americans, so I have the following questions:
Comparison 1, 'Just Visiting':
I can visit Canada, But I am not allowed to work there.
Canadians can visit the U.S., but cannot work here.
Can Mexicans visit here, without working? Should they?
(BTW I have no idea if Canadian or U.S. citizens can visit and work in Mexico)
Also, I can visit Canada, and AFAIK Canadians can visit the U.S., without a visa. Can Mexicans visit either the U.S. or Canada without a visa? If a visa is required, what is the process?
Comparison 2, 'Casual Labor':
I can pay any U.S. worker up to $400 (as of a few years ago, but it may have increased), without needing a W4 or giving a W2, or filing/paying SS taxes. Does that include Mexicans and Canadians? Should it?
Comparison 3, 'Gifting':
I can 'gift' any U.S. worker up to $10,000 per year, without paying gift taxes, or paying any payroll taxes. The catch is that it can only be personal money, after taxes, and is not deductible as an expense. Does that include Mexicans and Canadians? Should it?
Now for some basic questions specifically about employers-
For those employers that are hiring undocumented workers, are they deducting it as an expense? If so, how is it done, without being blatantly illegal?
For those employers that are hiring documented workers with false documents, how do they find out if they are false? What are the legal requirements in such case? What do they actually do in such cases?
To what extent should employers be require to verify identity and documents before allowing a new hire to perform work?
Should Canadians and Mexicans be treated equally?
[FWIW, I think all of the answers to the first part should be 'yes', and regarding employers: if they break the law, they should suffer the appropriate punishment; and they should treat Mexican and Canadian citizens exactly the same. Also, the only requirement for verifying work documentation should be a Social Security card, validation of such as a true document should be up to the issuing agency, not the employer - unless someone has a better idea?]
