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The fact that they are alreaedy in the country and we can't afford to deport them all is not preferential treatment - it's a matter of time and space. If person A is in, say, Copenhagen, filling out forms, and person B is in Denver in a meat-packing plant, person B has already got here faster. But them I'm talking about those who are here, now -- I try to work with the idea that the law might be enforced in future (although frankly I doubt it.)
Should any form of sanctions be applied to employee B for not following "the rules"? Let him stay - fine, but are there sanctions?