Krispy Kreme Doughnuts, Inc. Fined For Hiring Foreign Workers Not Authorized For Employment
Tuesday ICE stated that last Friday Krispy Kreme reached a $40,000 fine settlement with the government for violating U.S. immigration laws by hiring illegal worker. ICE stated that an inspection at a Krispy Kreme factory in Cincinnati revealed that the company employed many foreign workers who were not authorized for employment. The inspection also showed that the company did not have the required paperwork for all workers at the factory. As part of the settlement, Krispy Kreme has taken measures to revise its immigration compliance program, and has agreed to begin implementing new procedures to prevent future violations of federal immigration laws, ICE said.
One of my articles, Immigration Enforcement Under Napolitano: A 180 Degree Shift To Employers, was recently published by ILW. I am reproducing it here in its entirety for your perusal: .jpg)
President Obama made it clear that his immigration plan was to “bring people out of the shadows, improve our immigration system, create secure borders, remove incentives to enter illegally and honor our immigrant troops.” However, the Obama administration has not provided any details as to how it is going to accomplish this plan. This has not only created a good amount of speculation, but also a good deal of frustration among U.S. employers. Yet, in spite of lacking details, the Obama has sent out “immigration signals” and employers should be prepared to feel the effects.
watch the design of the operations and that the focus will be on “unscrupulous employers” rather than on undocumented workers. She also stated that raids will continue where undocumented workers are present and that she expects to increase the focus on ensuring that employers “of unlawful workers are prosecuted for their violations.” Moreover, Napolitano pledged to increase the focus on criminal punishment for employer violators and to encourage them to work with federal immigration agents to “establish sound compliance programs that prevent unlawful hiring.” She also aims to continue boosting manpower on the borders and focusing on technology, such as ground sensors. At the same time, it is her full intention to enforce these methods in a fair manner across borders, ensuring that the law is applied.
IAMI (February 4, 2009) – Nationally known immigration attorney, Hector A. Chichoni, a member of Epstein Becker & Green’s (EBG) Miami office, has been appointed National Immigration Counsel by ALTA, the Latin American and Caribbean Air Transport Association.
On August 12, 2008, fifty-nine (59) foreign nationals illegally working at 
Mills Manufacturing Corporation (“MMC”) were arrested in North Carolina by U.S. Department of Homeland Security, Immigration and Customs Enforcement (“ICE”)'s agents. The arrests were based on a “critical infrastructure” investigation carried out by ICE which revealed that illegal aliens had used fraudulent social security numbers to obtain employment.
Delburt Richburg, assistant special agent-in-charge of the ICE Office of Investigations in Charlotte, stated that "When individuals use fraudulent social security numbers to get jobs, they hide their true identity and history. We need to know who is working on our critical infrastructure sites." All of those arrested today were transferred to the Henderson County Sheriff's Office for immigration processing. All have been placed into removal proceedings for being in violation of U.S. immigration law. At this point, no criminal charges have been presented against the arrested foreign nationals. The investigation, however, still continues. Among the arrested, were nationals of Mexico, Guatemala, Ecuador and Honduras.
Today we received the new employment verification From I-9, edition date 
06/16/08. Be aware that no previous edition of the same form will be accepted. Please, also note there are several important changes made to the Form I-9 process: 
On July 7, 2008, the Chattanooga Times/Free, reported that “a federal judge has suggested that when two men used false Social Security cards to gain employment at the local Pilgrim's Pride plant, they might not have technically broken the law.” Further, the Chattanooga Times/Free goes on to state that “U.S. District Judge Harry S. Mattice’s revelation that Social Security cards are not necessarily valid forms of identification, however, sent the defense back to the drawing board with no complaints from the federal government. Judge Mattice recalled a 2003 case in which the .jpg)
government prosecuted Tyson Foods for hiring illegal immigrants. In that case, U.S. District Judge R. Allan Edgar dismissed certain charges with regard to the use of a Social Security card, ruling that a certain section of U.S. immigration law does not list the document as a valid form of I.D. ‘This is an issue that will have to be decided by a higher court,’ Judge Mattice said. ‘I'm not sure you can base this charge on a false Social Security card.’ ” Although it is too early to tell, if Federal District Judge Mattice’s conclusions were to be upheld in the end by a higher court, this could impose a significant roadblock for I-9 enforcement.
On June 5, 2008, U.S. Immigration and Customs Enforcement (“ICE”) agents executed a federal search warrant as part of an ongoing investigation targeting an Imperial Valley-area farm labor contractor, arresting two of the company’s foremen on criminal charges and another 32 employees on administrative immigration violations. The warrant was executed at the business office of the locally-owned Boss 4 Packing company, a packing business in Heber, California that provides contract workers to the farming industry in the Imperial Valley. The two arrested company foremen were charged with federal criminal charges for misusing Social Security numbers to employ illegal alien workers. The 32 illegal aliens employed by Boss 4 Packing include a group of seven women and 25 men from Mexico and Honduras. So far, 18 have been repatriated to Mexico and 12 are being held as material witnesses in the ongoing Investigation. One underage worker has been turned over to relatives. The search warrant remains under seal and the investigation is ongoing. .jpg)
According to the indictment, the federal authorities charged the three janitorial company executives of embezzling more than $18.6 million by failing to collect and pay federal income, Social Security, Medicare and federal employment taxes on the wages paid to its workforce, hundreds of illegal immigrants from Mexico, Central America, and Haiti. RCI allegedly hired illegal immigrants, paid them in cash and never required them to provide identification or fill out job applications or tax forms. .jpg)
Related to the notion of constructive knowledge, there appears to be a trend towards seeking employer liability even where its contractors or sub-contractors hire illegal workers. Current regulations state that an employer who knowingly or with reckless disregard contracts to obtain the labor of an unauthorized alien will be considered to have hired the employee. Incredibly, in terms of raids already conducted by ICE, in spite of the many industries targeted by ICE existing in our state (i.e. construction, agriculture, hospitality, retail, etc.) Florida has not been an “active” place. We do not hear much about ICE in Florida. But, just as RCI, simply put, employers should not make the mistake of assuming that ICE will not come and raid them. Employers should be prepared for when it comes. Our state has too many industries which are the focus of ICE’s interest. Given the focus on employer liability for hiring illegal workers, there are various ways employers can proactively protect themselves against not only government investigations and ensure compliance with potential new laws and regulations, but also from service providers who may be hiring undocumented workers. Employers cannot afford neglecting these important tasks. 