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President Obama Delivers Immigration Speech at American University
Today President Obama gave his first speech directly addressing the topic of Immigration Reform.
Although the President did not outline specific details for moving forward with Immigration Reform, he did emphasize the need and importance of reform. In his speech, President Obama acknowledged the issue as “thorny and emotional,” while stressing his belief that the system is broken.
President Obama said that the U.S. is implementing and improving the system that gives employers the ability to verify their employees‘ immigration status, although he did not provide specific details. He added that businesses who employ illegal immigrants will be held responsible:
“Businesses must be held accountable if they break the law by deliberately hiring and exploiting undocumented workers. We’ve already begun to step up enforcement against the worst workplace offenders. And we’re implementing and improving a system to give employers a reliable way to verify that their employees are here legally. But we need to do more. We cannot continue just to look the other way as a significant portion of our economy operates outside the law.”
For a through overview of President Obama’s speech, visit this article by USA Today. For a complete transcript of his speech, visit the White House website.
As news emerges on this important topic, GoffWilson will keep readers of The Immigration bLAWg updated.
Aerial photo of Can Do It, Inc., 801 Golf Lane, Bensenville, Illinois
Last week the president and office manager of two staffing companies operating from the same business location were charged with hiring undocumented employees. Clinton Roy Perkins, the president, and Christopher Reindl, the manager, operate two staffing companies, Anna II, Inc and Can Do It, Inc., from 801 Golf Lane, Bensenville, Illinois. The indictment alleges that both men hired more than ten employees with actual knowledge that the individuals were undocumented and had been brought into the United States in violation of the law.
Gary Hartwig, special agent in charge of the ICE office of Investigation in Chicago, stated, “ICE is committed to ensuring that employers are held accountable for maintaining a legal workforce. The goal of our enforcement effort is two-fold – reduce the demand for illegal employment, and protect job opportunities for the nation’s lawful workforce.”
If convicted, the indictment seeks forfeiture of both business and personal assets. In addition, hiring undocumented workers carries a maximum penalty of five years in prison and a $250,000 fine for each count.
This indictment is consistent with the stated policy of the Obama administration: enforce the laws that prohibit U.S. employers from hiring undocumented workers to eliminate the demand of illegal immigration.
Since the focus of the worksite enforcement investigations has shifted to the employer, employers should verify that their I-9 forms are being properly completed and retained.
Navigating the rough seas of immigration law demands that companies wear life preservers for safety. GoffWilson announces an encore performance of last year’s winning seminar for Employers and Human Resource Professionals, “Form I-9 & E-Verify: What You Need To Know 2010”. Back by popular demand, the training workshop will take place on Friday, June 4, 2010 from 8:00 a.m. to 11:30 p.m. at Delta Dental Auditorium in Concord, NH. Participants earn three Human Resource Certification Institute (HRCI) continuing education credit hours for completing the training.
Michel Malecot, Owner The French Gourmet
On April 21, 2010, a sixteen count indictment was unsealed that alleges the owner, manager, and The French Gourmet, a San Diego bakery, knowingly employed undocumented workers. Michel Malecot, the owner of the bakery, and Richard Kauffmann, a manager, are charged with twelve felony counts of making false statements and shielding undocumented employees from detection. If convicted, they face a maximum of five years in prison for each count, a $250,000 fine for each count, and three years of supervised release. The indictment is also seeking criminal forfeiture of the company’s proceeds that were gained from the business’ unlawful activities, including the company’s building that is valued at $1.3 million according to county records. Both men entered not guilty pleas and posted bail.
The government has built the case on the no-match letters from the Social Security Administration and records seized by a warrant in May 2008. Social Security no-match letters are issued by the Social Security Administration and notify an employer that the names and numbers of specific employees do not match.
The indictment alleges that, after receiving no-match letters from the Social Security Administration, the managers paid the employees in cash until a new set of documents with different Social Security numbers were provided.
Employers should seek legal advice if they have received Social Security no-match letters in the past. This indictment shows that employers are still being held accountable for the information contained in the no-match letters.
As we reported last week, Immigration & Customs Enforcement (ICE) recently issued 1,000 Notices of Inspection to employers across the US. It appears that in many instances, these Notices are accompanied by a subpoena. Whereas the Notice requires employers to present only their I-9 forms, the subpoenas are much more comprehensive and require employers to produce the following:
- Original I-9 forms and copies of supporting documents
- Employee roster or payroll
- Monthly payroll reports
- Copies of State Wage Detail Reports and Unemployment Insurance Quarterly Tax Reports
- Copies of Quarterly Tax Statements
- Independent Contactor Rosters including dates of hire and termination
- Copies of Tax Form 1099 for all independent contractors
- Lists of all individuals employed on a sporadic, irregular or intermittent basis and not deemed to be an employee
- Copies of Social Security Administration Employer Correction Requests
- Copies of petitions filed with the Immigration Service on behalf of employees
- Copies of the business’s articles of incorporation, business license and annual reports
- Employer Identification Number (EIC) and Taxpayer Identification Number (TIN) documentation
- Copies of all company procedures and/or policies regarding Form I-9 preparation
Employers are also being asked to provide information about use of temporary staffing agencies, participation in E-Verify, and any previous I-9 inspections by the Department of Labor. Employers typically have less than a week to gather, prepare and present all of these items.
If your company receives a Notice of Inspection with or without a subpoena you must act immediately. Contact us, we can help.
If you’d like help getting your files, Form I-9s and policies in place before there is a knock at the door, we can help with that too.
According to today’s announcement by USCIS Assistant Secretary John Morton, 1,000 employers will receive Notices of Inspection (NOIs) from Immigration and Customs Enforcement (ICE) this week. These employers will have to undergo a complete audit of their I-9 forms and were selected based on “investigative leads and intelligence and because of the business’ connection to public safety and national security—for example, privately owned critical infrastructure and key resources.”
This latest development is in keeping with the updated ICE worksite enforcement guidance released by the Department of Homeland Security in April. “In this strategy, ICE identified form I-9 audits as the most important administrative tool in building criminal cases and bringing employers into compliance with the law.” Indeed, in the last six months ICE has initiated more than double the number of I-9 inspections than it initiated in all of FY2008. We expect this trend to continue and cannot stress strongly enough the need for all businesses of all sizes and across all industries to make sure they have comprehensive I-9 training and policies in place before ICE knocks on the door. For compliance strategies, or to learn more about our digital I-9 solution, please contact us.
As reported in local news, the crackdown on employers continues. In Minnesota 1,200 employees of ABM were fired in October. ABM is a large U.S. company who contracts to provide janitorial services to large office buildings; the fired employees all worked as janitors for the company. The firings came about as the result of a government audit of the company’s I-9 forms. It appears the company has cooperated fully with Immigration and Customs Enforcement, though ABM’s cooperation does not mean they will avoid civil or criminal charges. This quieter type of immigration raid is in keeping with the stated intention of this Administration to focus its efforts on employer compliance.
For a full report of the ABM firings, please see the following Minnesota Public Radio article. Additional reporting can be found in this article from the Minnesota Star Tribune.
If you have questions or would like to learn more about GoffWilson’s comprehensive I-9 services, please contact us.
Recent reports indicate businesses have been receiving a new type of letter from the Social Security Administration. These letters state that the business has been selected randomly to take part in a Social Security Administration study and request information about specific employees. The letters include questions about the employees’ original employment applications, Social Security Numbers and documents. If your company receives one of these letters, please proceed carefully and consult with legal counsel before responding. In addition to labor law and immigration law considerations, privacy issues and potential fraud should also be considered.
Last Friday, a Missouri poultry processing company paid $450,000 in administrative fines following a 2007 worksite enforcement investigation. The fine will be used by Immigration and Customs Enforcement (ICE) to fund future enforcement activities. In addition to the fine, the settlement requires the company to train all Human Resources personnel, and set up company compliance policies to ensure that all Immigration laws are followed. In the ICE press release, Homeland Security Assistant Secretary for ICE, John Morton, notes that “Significant fines help hold businesses accountable to ensure a legal workforce”.
When it comes to I-9s, E-Verify and worksite compliance, we encourage companies to be proactive and preemptive. Careful review of existing I-9s, comprehensive training and the creation of strong compliance policies can help your company avoid hefty fines, negative publicity, and even criminal charges. Contact us for more information.
Employers who have sponsored employees for H-1B visas should be aware that the Department of Homeland Security / U.S. Citizenship and Immigration Services (USCIS) has been conducting random, unannounced, on-site inspections. Reports indicate that the USCIS Administrative Site Visit and Verification Program will visit 20,000 sites in an attempt to uncover fraud and abuses of the H-1B program.
It is our understanding that the investigations are being done by contracted workers (including former Immigration Customs and Enforcement officers and former USCIS adjudicators). These investigators may request to speak with company representatives and H-1B visa holders and review files in order to confirm that the employer is complying with the terms and conditions of the H-1B visa program.
Before there is a knock at the door, employers should make sure their files are well-maintained and accurate. Employers should also ensure that policies are in place instructing employees how to respond to the arrival of investigators.
In addition, government agencies do communicate with each other. Scrutiny by one government agency can encourage scrutiny by another. This is yet another reason to make sure your company’s I-9 forms are in order and that you have strong I-9 policies in place.
If an investigator knocks, or you need help developing the appropriate policies, GoffWilson can help.
