Policy Shift!
April 30th, 2009 § Leave a Comment
Today the field offices of Immigration and Customs Enforcement (ICE) will receive user guidelines to implement the Obama administration’s new worksite enforcement strategy. The new policy instructs agents to target employers and supervisors for prosecution “through the use of carefully planned criminal investigations.” While the administration intends to continue to arrest undocumented workers in worksite raids, the arrests of these workers will be in efforts to build the case against the employers.
Under the previous administration, ICE focused on arresting employees, but failed to develop the evidence necessary to show that the business was knowingly hiring undocumented workers except in the most egregious cases. The new guidelines instruct ICE agents to pursue evidence against the employer before prosecuting the workers. The goal of this policy shift is to decrease the supply of jobs thereby decreasing the demand for workers. The belief is that this will eventually lead to a reduction in the number of undocumented individuals living and working in this country. If implemented as planned, the arrests of employers and others in the supervisory chain of command will dramatically increase from the previous administration.
Additional information can be found here.
Controversial ICE Quotas
April 30th, 2009 § Leave a Comment
Photo Credit: Sarah L. Vois, Washington Post
Immigration Customs Enforcement (ICE), the government agency responsible for, “protecting the security of the American people and homeland by vigilantly enforcing the nation’s immigration and customs laws,” has received some negative attention lately.
First, the raids, which have been going for years, have dramatically increased as ICE has received increased funding year after year, and taken enforcement programs to a whole new level. Second, last week, the Washington Post reported that U.S. Immigration authorities have set controversial new quotas for agents. According to the article, “In a Feb. 22 memo, James M. Chaparro, head of ICE detention and removal operations, wrote that, despite record deportations of criminals, the overall number of removals was down. While ICE was on pace to achieve ‘the Agency goal of 150,000 criminal alien removals’ for the year ending Sept. 30, total deportations were set to barely top 310,000, ‘well under the Agency’s goal of 400,000,’ and nearly 20 percent behind last year’s total of 387,000, he wrote.” Although ICE clarified its position through a released statement in response to the Washington Post article, many people were extremely alarmed that the government agency is simply going after easy targets instead of targeting dangerous criminals.
Almost everyday, a new raid takes place somewhere in America. Unauthorized workers, along with their employers are arrested and held criminally liable. With increased ICE enforcement, all companies, small and large, should be proactive about protecting their business’ interests. Business owners and human resource managers can avoid becoming an easy target of ICE by:
- Staying up-to-date on employer responsibilities, including Form I-9 requirements for ALL employees, not just foreign workers.
- Contacting an experienced outside firm for an audit of I-9 Forms. All I-9 Forms must be in order and completed correctly. Full compliance must be the goal.
- Training your HR staff to properly complete I-9 Forms.
- Creating strong compliance policies within your company and sticking to them.
If you have further questions regarding I-9 self-audits, I-9 training, compliance policies, or questions relating to a specific situation contact GoffWilson.
ICE ahead…
April 23rd, 2009 § 1 Comment
Yesterday a Senate Confirmation Hearing was held for John Morton, the former federal prosecutor tapped by President Obama to head Immigration and Customs Enforcement (ICE). His testimony further confirmed the current shift in ICE policy. Morton said the administration plans to eventually make E-Verify mandatory for all employers. The agency also plans to focus its efforts on targeting employers of undocumented workers with Morton stating, “We need to place renewed focus on employers to ensure that they are playing by the rules.” Morton also declared the agency’s intent to pursue hefty civil fines for employers who violate immigration laws. It is expected that Mr. Morton will be confirmed by the Senate next week. For further reports of his confirmation hearing, please view the linked articles from the Associated Press and Houston Chronicle.
Dear Federal Contractors: New E-Verify Rule DELAYED
April 16th, 2009 § 1 Comment
The federal regulation making enrollment and participation in E-Verify mandatory for certain federal contractors has been postponed… again. No, this alert has not inadvertently popped into your inbox a third time. The regulation was originally scheduled to take effect on January 15, 2009, but the effective date has been pushed back three times. The effective date is currently June 30, 2009. We will be sure to notify you if additional changes to the effective date are made.
Although this rule has not been published yet, the American Immigration Lawyer’s Association (AILA) received an advanced copy of the rule, which has allowed us to alert bLAWg readers early. Notification of this change is scheduled to appear in the Federal Register on April 17, 2009.
The delay in implementation of this rule provides a valuable opportunity for employers to make sure they are fully compliant with I-9 rules and procedures before enrolling in E-Verify.
The Changing Tide of Immigration – What’s Next?
April 16th, 2009 § Leave a Comment
As the tides change, what’s next for immigration?
On April 13, 2009, the former Human Resource Manager of Agriprocessors entered a guilty plea in federal court. Elizabeth Billmeyer plead guilty to one count of conspiracy to harbor undocumented aliens for profit, and one count of knowingly accepting false resident alien cards. Billmeyer is free on bond while awaiting sentencing, and faces a possible maximum sentence of 20 years in prison, a $500,000 fine, a $200 special assessment and six years of supervised release following any prison time. The company and other top managers were charged after Agriprocessors was raided by Immigration and Customs Enforcement (ICE) in May 2008 under the direction of the previous administration.
Regardless of the method used, employers will continue to be held responsible for their hiring decisions, and for ensuring that their workforce is authorized for employment in the U.S. Verifying that your I-9 practices and procedures are compliant with the current law will make the transition easier as new polices are announced.
Ready? Set? Go!
April 3rd, 2009 § Leave a Comment
Starting today, April 3, 2009, employers must start using the new I-9 Form. Here’s a checklist to help remind you what needs to be done in light of this change.
Checklist for 4/3/09:
Open file drawer, pull out blank I-9s, throw them away (preferably, recycle).
Visit our bLAWg or the USCIS website and print copies of the newest version of the form. Make sure the form has a revision date of 2/2/09 on the bottom right-hand corner.
Read the updated I-9 instructions and review the updated Lists of Acceptable Documents. Note that all documents used to complete the I-9 now must be valid and unexpired on the day the form is completed.
Print and review a copy of the newly revised “Handbook for Employers” (M-274). The Handbook provides detailed I-9 instructions and goes into much greater detail than the short directions that are part of the I-9 form. The Handbook can be found on our blog and the USCIS website.
Avoid hand cramps and stop wasting ink. According to the updated Handbook, “You may use abbreviations for commonly used documents, e.g. DL for driver’s license and SS for Social Security.”
Pat yourself on the back for staying up-to-date with the latest changes. Having good I-9 policies and practices in place helps to protect you and your company. For more information regarding the I-9 services offered by GoffWilson, please e-mail jwilson@goffwilson.com.
In addition to this checklist, please check out these other bLAWg posts (if you have not done so already) for more detailed information on the new I-9 Form:
· 3.23.09 bLAWg Post, “Hand cramps be gone! On April 3, 2009 “SSA” is okay!”
· 12.15.08 bLAWg Post, “New Form I-9 Coming Soon!”
E-Verify? Please Clarify.
April 1st, 2009 § Leave a Comment
Illinois State Law Prohibiting the use of E-Verify is Overturned by U.S. District Court
The U.S. District Court for the Central District of Illinois has ruled that the Illinois law prohibiting employers from participating in E-Verify is invalid due to a violation of the Supremacy Clause (i.e. the state law conflicted with federal immigration law). The outcome of this lawsuit further underscores that the U.S. is moving towards E-Verify or similar system and punctuates the present necessity for employers to ensure their I-9 Forms are in compliance with the law. By taking action now, employers will be more comfortable with the transition to E-Verify if and when required to use this program.
The decision permanently enjoins the State of Illinois from enforcing this state law. This opinion may be appealed or the state legislature may pass another law in response to the decision. The law was scheduled to take effect on January 1, 2008, but the state agreed to not enforce this law until the lawsuit had been adjudicated.
