ICE Announces 1,000 New Workplace I-9 Audits
On November 19, 2009, U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton announced the issuance of Notices of Inspection to 1,000 U.S. employers and business owners whose hiring records (Forms I-9) ICE plans to audit. Compared to previous years, this is a tremendous increase in ICE's effort to actively deter unlawful employment practices and to uncover illegal alien workers. These workplace audits have already led to significant fines and debarment to the employers, as well as detention and deportation of illegal workers.
Continue ReadingNew Stimulus Bill Affects H1-B Hiring
The American Recovery and Reinvestment Act of 2009 (ARRA or the "Stimulus Bill") was enacted on February 17, 2009, and Section 1611 - the Employ American Workers Act (EAWA) - severely limits certain employers, namely banks and other financial institutions, who receive funding under the 2008 Trouble Assets Relief Program (TARP) from hiring H-1B foreign national employees.
Continue ReadingWhile The Federal Government Remains Serious About Immigration Enforcement, Its "No-Match Letter" Program Remains In Limbo
Through increased fines and a proposed regulation defending its "no-match letter" program, the federal government continues to enforce the prohibition against illegal employment. Earlier this year, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) increased civil fines for employers that violate immigration laws. The increased penalties are the result of an "inflation adjustment," the first since 1999. These regulations target employers that knowingly employ unauthorized aliens or violate specified acts pertaining to the employment eligibility verification process (Form I-9).
Continue ReadingU.S. Court of Appeals for the Eleventh Circuit Gives Green Light to Employees Suing Mohawk Industries For Immigration Law Violations under RICO
California Employers Threatened With New Waive of 17200 Suits
DHS Issues Proposed Rule Governing SSA No-Match Letters
Zamora v. Elite Logistics, Inc.:
Caution: Beware Overly Zealous Immigration Enforcement
Employers concerned with potential immigration raids and fines should beware going too far in their efforts to terminate undocumented workers. As one Kansas employer recently learned, overzealous enforcement may pave the way to liability for back pay, compensatory damages and attorneys fees for unlawful discrimination on the basis of race and national origin.
Continue ReadingLabor Through Contract Theory of Sanctions Liability
On May 8, 2006, Immigration and Customs Enforcement ("ICE") arrested 76 undocumented workers and 4 construction site managers at Fischer Homes, Inc. worksites in Kentucky. Fischer and its managers were charged criminally with harboring and transporting undocumented workers for financial gain. Tax investigators were also involved. On May 2, 2006, ICE carried a similar operation against a stucco contractor in Indiana, and charged the owner with harboring and money laundering. Both operations took place under the new Homeland Security "get tough" policy against companies who use undocumented workers.
The following article contains a brief analysis of the "labor through contract" theory of sanctions liability (specifically addressing the building and construction industry) and a 3-point compliance plan including a training component for managers and supervisors who are authorized to retain subcontractors on building projects.