- You need to have a clear way of defining liability, otherwise companies will lawfare. For instance "you could have hired someone else in the US" is impossible to really prove or disprove.

- Jailing a foreigner before sending him back to his country for an administrative offense is somehow a big waste of public money.

- A very hard punishment still requires to consistently catch offenders, otherwise it will slowly become hypothetic.

I believe they were suggesting jailing the US hiring manager, not the foreign worker.