이민행정법의 최근 쟁점 불법체류통제와 사인의 역할 -미국 이민법상 고용주 제재와 민사 RICO 소송을 중심으로- = Illegal Immigration Control and the Role of Private Sector -Employer Sanction and Civil RICO Suit of U.S. Immigration Law-

다국어 초록 (Multilingual Abstract)

Traditionally, border controls have been the government`s proper duty, in that investigation, detention, and deportation process of the illegal immigrant is designed to be governed primarily by public authorities, based on public resources. But under the concept of immigration governance, a new mechanism of achieving regulatory goals of immigration laws has been proposed, especially that of re-allocating rights and duties between public and private sector. For example, U.S. federal, state, and local immigration legislations has adopted employer sanctions clauses, which make it a duty of employer to verify the eligibility of a job seeker and sanction the employer who hire unauthorised aliens. Likewise, landlords and transportation service providers are required not to rent a residence unit or give transportation service to the tenants or passengers who stay in U.S. against the law. If they fail, they will face civil and criminal penalties. Furthermore, private individual who can prove that he or she is suffering loss in business or property by reason of the employment of illegal workers which is the substantive RICO violation can get damages from the employer through the civil RICO suit. In this way, private parties such as employers, landlords, and public carriers are called upon to achieve the regulatory objectives of immigration laws. But the constant rise of the number of the undocumented workers in the U.S. has been analysed to disproves the effectiveness of the employer sanction clauses. Additionally, various professionals agree that private enforcement mechanism of immigration law in the context of civil RICO suit could work under the unique American adversarial legalism. In this respect, system coherence as well as cost and benefit of enhancing the role of private sector in immigration law should be closely analysed before that kind of enhancement is adopted and designed into our immigration legislations.