However, the dual relationship may still violate the purpose and policy of the NASW Code of Ethics as pertains to dual relationships, if only because it may be unrealistic to restrict the definition of exploitation so literally.
Dual Relationship Ethical Issue #4 - Harming Clients, Colleagues, and 3rd Parties:
As pertains to the client(s), there is not necessarily an issue of harm, except perhaps by virtue of the circumstances identified with respect to the exploitation issue.
However, if the State qualifies as a third party, the proposed arrangement is harmful to third parties because it perpetuates a violation of employment law and laws defining illegal immigration. In that sense, the arrangement violates the dual relationship provisions of the NASW...
The logic of the arrangement is understandable and the social worker's motivation is not exploitative, but the nature of employer/employee relationships does increase the chances that issues may arise that do conflict outright with the NASW Code. In particular, employment issues may compromise the social worker's objectivity and impartiality; the closeness inherent in the specific type of employment may present boundary issues; it may violate the broadest interpretation of the term "exploitation"; and it perpetuates illegal conduct of the client and conceivably represents "harm" to the State as a third party.
