1,000 Notices of Inspection Issued by ICE This Week
November 19th, 2009 § Leave a Comment
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.
Worksite Enforcement Continues, Only Now it is Quieter.
November 16th, 2009 § Leave a Comment
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.
Letter from Social Security? Proceed with Caution.
September 17th, 2009 § Leave a Comment
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.
Time to Get Your Ducks in a Row, before the Chickens Come Home to Roost
September 16th, 2009 § Leave a Comment
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.
Knock, knock! Who’s there?
September 3rd, 2009 § Leave a Comment
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.
No-Match Rule Is No More
July 8th, 2009 § Leave a Comment
In a press release dated July 8th 2009, Department of Homeland Security Secretary Janet Napolitano announced the Administration’s intent to rescind the Social Security No-Match rule. The rule was proposed in 2007, and is currently the subject of litigation. It was intended to give employers a standard set of instructions to follow if they received a letter from Social Security reporting that the names and Social Security numbers of employees did not match.
Instead of the No-Match rule the Administration intends to go forward with its plan to require Federal Contractors to use the E-Verify system. So far this requirement has been pushed back four times. As it stands, on September 8th 2009, language will be added to new and existing qualifying contracts requiring the contractor (and some subcontractors) to use E-Verify. Though E-Verify is set to expire on September 30, 2009, we expect it will be extended; several bills are pending in Congress that would extend the program.
Employers are facing increased scrutiny and changing rules. Full compliance must be the goal. If you have questions about E-Verify, Form I-9 audits and training, or your responsibilities as an employer, please contact us.
652 Businesses Receive I-9 Audit Notices Today
July 1st, 2009 § Leave a Comment
The Obama Administration has made good on its April promise to crack down on employers who employ undocumented individuals. Today, U.S. Immigration and Customs Enforcement issued Notices of Inspection to 652 businesses. These businesses will now have only three days to present all of their I-9 forms for inspection. This is a dramatic action by ICE who issued only 503 NOIs in all of 2008. The story was picked up by the Associated Press; see their article here.
In their press release, ICE notes that “Inspections are one of the most powerful tools the federal government has to enforce employment and immigration laws. This new initiative illustrates ICE’s increased focus on holding employers accountable for their hiring practices and efforts to ensure a legal workforce.” These 652 businesses were targeted based on ICE’s investigations and tips. Businesses found in violation will undoubtedly face stiff civil and criminal penalties.
GoffWilson provides audit representation for businesses going through an ICE I-9 audit. If your business, or any business you know has received an NOI please do not hesitate to contact us.
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.
