If, indeed, half of the workers that Rohwer depends on because, basically, they made him a lot of $ were undocumented but not authorized to be in the country and they stole identities to get around E-Verify, wouldn't that mean they're guilty of the crime of identity theft in a pretty straightforward way?
Oh, wait, they need to be tried. Sure, take the 9 months. Except bail ... They already assumed another's identity once--unless Rohwer and his HR folk are lying--so what's to keep the defendent, formerly Bailey Slone from showing up as Mike Kroneker next week?
Now, think of Rohwer and his HR folk. Called as witnesses, they get to either admit to knowingly employing an unauthorized worker or testify that the guy charged really did present fake ID with intent to deceive. Either way, if the immigrant is here illegally, he's eventually deported--the question is, after paying a fine (that he probably can't afford--go after his family's assets?) or serving jail time or without? Either way, he's in CODIS and maybe NDIS. But one way, Rohwer is also out a chunk of change.
E-Verify. Until we have decent IDs, it's unreliable.
At the same time, a lot of undocumented need documents and E-Verify isn't much of a moral hazard in that regard.
(As an aside, if you sign up to vote ... and your ID checks out .... Which is why most studies of the problem are trash--they depend on the reliability of the system of identification we have. We know it's broken when it comes to E-Verify, we insist that it's 100% reliable when it comes to elections. The electoral ID system's a bit more complicated but after all the hedges and caveats it's still gameable with a lot of fake IDs.)