154
Breyer, J., dissenting
employers from violating the Nation's labor laws. See ante, at 152 (recognizing the deterrent purposes of the National Labor Relations Act (NLRA)); Sure-Tan, Inc. v. NLRB, 467 U. S. 883, 904, n. 13 (1984) (same).
Without the possibility of the deterrence that backpay provides, the Board can impose only future-oriented obligations upon law-violating employers—for it has no other weapons in its remedial arsenal. Ante, at 152. And in the absence of the backpay weapon, employers could conclude that they can violate the labor laws at least once with impunity. See A. P. R. A. Fuel Oil Buyers Group, Inc., 320 N. L. R. B. 408, 415, n. 38 (1995) (without potential backpay order employer might simply discharge employees who show interest in a union "secure in the knowledge" that only penalties were requirements "to cease and desist and post a notice"); cf. Golden State Bottling Co. v. NLRB, 414 U. S. 168, 185 (1973); cf. also EEOC v. Waffle House, Inc., 534 U. S. 279, 296, n. 11 (2002) (backpay award provides important incentive to report illegal employer conduct); Albemarle Paper Co. v. Moody, 422 U. S. 405, 417-418 (1975) ("It is the reasonably certain prospect of a backpay award" that leads employers to "shun practices of dubious legality"). Hence the backpay remedy is necessary; it helps make labor law enforcement credible; it makes clear that violating the labor laws will not pay.
Where in the immigration laws can the Court find a "policy" that might warrant taking from the Board this critically important remedial power? Certainly not in any statutory language. The immigration statutes say that an employer may not knowingly employ an illegal alien, that an alien may not submit false documents, and that the employer must verify documentation. See 8 U. S. C. §§ 1324a(a)(1), 1324a(b); 18 U. S. C. § 1546(b)(1). They provide specific penalties, including criminal penalties, for violations. Ibid.; 8 U. S. C. §§ 1324a(e)(4), 1324a(f)(1). But the statutes' language itself does not explicitly state how a violation is to effect the en-
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