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.

In March 2009, Janet Napolitano, the Secretary of the Department of Homeland Security under the Obama administration, delayed a series of proposed immigration raids and other enforcement actions at U.S. worksites. These recent actions and Napolitano’s testimony before the House Committee on Homeland Security signal a shift away from the Bush Administration’s worksite raid policy. In an interview with NPR, Napolitano stated that she intends to focus on prosecuting criminal cases of wrongdoing by companies for violating the law. How this administration intends to investigate and prosecute employers has not been publically disclosed.

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.

Tagged: Agriprocessors, Arrest, Elizabeth Billmeyer, HR, I-9, ICE, Janet Napolitano, Obama Administration, raid, US Department of Homeland Security

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