ICE Pledges a 400% Increase in Worksite Enforcement

Maria del Carmen Ramos

Employers should brace themselves as it begins to look like Immigration and Customs Enforcement (“ICE”) will be targeting them more and more in their neverending quest to ferret out undocumented workers. Continue reading “ICE Pledges a 400% Increase in Worksite Enforcement”

Immigration Compliance Alert: Increase in Fines for Immigration Related Violations Takes Effect on August 1, 2016

Maria del Carmen Ramos
Maria del Carmen Ramos

Up until 2008, Immigration and Customs Enforcement (ICE) focused its enforcement efforts almost exclusively on undocumented workers. For instance, ICE made 6,000 workforce enforcement strategy-related arrests in 2008; only 135 of them involved employers. Continue reading “Immigration Compliance Alert: Increase in Fines for Immigration Related Violations Takes Effect on August 1, 2016”

USCIS proposes new changes to Form I-9

Maria del Carmen Ramos
Maria del Carmen Ramos

U.S. Citizenship and Immigration Services (USCIS) is at it again. On November 24, 2015, USCIS published a notice in the Federal Register of proposed changes to the Form I-9. The publication of the notice initiated a 60 day public comment period that will remain open until January 25, 2015. Continue reading “USCIS proposes new changes to Form I-9”

Employers May Request Alternative Documents Following an Internal I-9 Audit

Maria del Carmen Ramos
Maria del Carmen Ramos

On October 23, the U.S. Department of Justice’s (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request regarding an employer’s potential liability if the employer requested additional documentation to verify an employee’s identify and ability to work in the U.S. following an internal audit of its Form I-9’s. Continue reading “Employers May Request Alternative Documents Following an Internal I-9 Audit”

I-9 Violations Result in Harsh Consequences

Maria del Carmen Ramos
Maria del Carmen Ramos

A recent decision by the Office of the Chief Administrative Hearing Officer – United States of America V. Hartmann Studios, Inc. – has resulted in more than $600,000 in civil penalties for the employer/defendant.   The $600,000 actually represents a decrease in the original penalty of $812,665.25. Continue reading “I-9 Violations Result in Harsh Consequences”

I-9 Update: Green Cards Do Not Always Have a Signature

Maria del Carmen Ramos
Maria del Carmen Ramos

U.S. Citizenship & Immigration Services (“USCIS”) recently released an alert advising employers that green cards do not always have a signature. For example, USCIS will waive the signature requirement for children under the age of consent or individuals who are physically unable to provide a signature. Continue reading “I-9 Update: Green Cards Do Not Always Have a Signature”

Conducting An Internal I-9 Audit

Maria del Carmen Ramos
Maria del Carmen Ramos

Since 2009, there has been a dramatic change in Immigration and Customs Enforcement’s (“ICE”) workforce enforcement strategy. Before 2008, ICE focused its enforcement efforts almost exclusively on illegal workers. In 2009, however, ICE shifted its focus from illegal workers to employers who knowingly hired unauthorized workers. As part of its strategy of targeting employers, ICE began setting up centers around the country that are fully dedicated to worksite inspections. Continue reading “Conducting An Internal I-9 Audit”

Five Things Employers Should Consider When Conducting an I-9 Self-Audit

Mechelle Zarou
Mechelle Zarou

The year 2009 marked a dramatic change in Immigration and Customs Enforcement’s (“ICE”) workforce enforcement strategy. Up until 2008, ICE focused its enforcement efforts almost exclusively on illegal workers. For instance, ICE made 6,000 workforce enforcement strategy-related arrests in 2008; only 135 of them involved employers. Starting in 2009, however, ICE shifted its focus from illegal workers to employers who knowingly hired unauthorized workers. As part of its strategy of targeting employers, ICE began setting up centers around the country that are fully dedicated to I-9 audit work. Continue reading “Five Things Employers Should Consider When Conducting an I-9 Self-Audit”