A Search for a Hit and Run Suspect Leads to the Arrest of 29 Suspected Undocumented Workers
December 23rd, 2008 § Leave a Comment
On December 3, 2008, Louisiana State Police were contacted by the Texas Rangers in reference to a fatal hit and run that had taken place several months prior in Texas. The Rangers believed that the suspect may be working on a construction site at a nursing center in Lake Charles, and asked the Louisiana State Police to investigate.
A Louisiana State Police Sergeant interviewed by KPLC 7 News, a local NBC affiliate, stated that when officers began questioning workers at the site, they discovered that many of them were undocumented and contacted the U.S. Customs and Border Protection (CBP) office in Lake Charles. Twenty-nine individuals were taken into custody by CBP. Click here for the KPLC 7 story. According to a statement released by CBP, its office became involved after it was asked by the State Police to assist in “translating for 31 Spanish speaking subjects at the worksite.”
New Form I-9 Coming Soon!
December 15th, 2008 § 1 Comment
As U.S. Citizenship and Immigration Services (USCIS) announced yesterday, 2009 will bring many changes to the Form I-9. In early-February, 2009, the USCIS plans to finalize a new rule that updates the I-9 Form, List of Acceptable Documents and Handbook for Employers (M-274). USCIS notes that these changes are being made in order to “improve the integrity” and “strengthen the effectiveness” of the employment verification process. (Check out the USCIS Website for the rule)
I.C.E. and Oil – A Refinery Raid
December 15th, 2008 § Leave a Comment
Photo courtesy of ICE
On December 10, 2008 Immigration and Customs Enforcement (ICE) raided an oil refinery in Indiana and arrested 15 contracted janitorial workers. The refinery was targeted for investigation because it is part of the country’s “critical infrastructure”, which ICE defines as sites or facilities that are “crucial to our nation’s ability to function and are vulnerable to sabotage, attack or exploitation”. ICE refers to these investigations as “Critical Infrastructure Protection (CIP) investigations”. CIP investigations focus on “sites and critical infrastructure facilities – such as airports, seaports, nuclear plants, chemical plants, oil refineries and defense facilities.”
A Quick Reference to Clarify the I-9 Re-Verification Process
December 10th, 2008 § 2 Comments
Many people are confused by the I-9 re-verification process. We’ve received numerous questions regarding this issue, including one recently, “Can you assist us with gathering a clearer understanding on the overall I-9 re-verification process? Do you know of any resources and/or tools that would be beneficial to our HR Department to refer to as a guideline?”
Temp. Workers and Form I-9
December 2nd, 2008 § Leave a Comment
We are frequently asked questions about independent contractors and I-9 liability. For example, we were recently asked, “Who will be held liable if an audit reveals that our temporary employment agency is employing undocumented workers: the temporary employment agency or my company?”
The temporary employment agency is responsible for verifying the original documents and completing the I-9 form for each employee. The law is very clear that an employer cannot use a temporary agency, independent contractor, or subsidiary company to circumvent immigration laws. Therefore, it is advisable for your company to insert language into the contracts with temporary employment agencies and independent contractors that explicitly states that the company is responsible for verifying the identity and employment authorization of their employees.
With that language, the company must trust that the temporary employment agency or independent agency is properly completing the I-9 forms for their employees. If the company gains actual or constructive knowledge that the temporary employment agency or independent agency is not properly completing the I-9 forms for their employees, then it is advisable to terminate the contract. Please note that this must be actual or constructive knowledge, not mere suspicion or speculation. Also, the company does not have and should not create an affirmative duty to audit the I-9 forms of a temporary employment agency or independent contractor.
