ICE Expands Worksite Enforcement Activities in the Southeast
On Tuesday, March 2, 2010, the U.S. Department of Homeland Security (“DHS”) announced that it was expanding its worksite enforcement strategy in the Southeastern United States. As part of this strategy, the U.S. Immigration and Customs Enforcement (“ICE”), the agency within DHS directly responsible for worksite enforcement, indicated that it is issuing Notices of Inspections (“NOIs”) to 180 businesses in Tennessee, Alabama, Arkansas, Louisiana and Mississippi.
These NOIs alert the businesses that ICE will be inspecting their Form I-9s and seeking to review voluminous other business records, including a list of current and terminated employees with hire and termination dates; the names, social security numbers and dates of birth of all active employees; quarterly wage and hour reports and/or payroll data on all employees covering the period of inspection; quarterly tax statements; all correspondence with the Social Security Administration (including “No-Match” letters); and more! All of this is an effort by ICE to determine whether the businesses are complying with federal employment eligibility verification laws and regulations. This DHS announcement is the latest in a series of expanding worksite enforcement efforts by the Obama administration. Instead of raids, the Obama administration has focused its efforts on auditing and investigating employers to determine if they are satisfying the Form I-9 requirements and are knowingly or unwittingly employing illegal workers.
Hector Chichoni, the Chair of EBG’s Southeastern Immigration Practice, notes: “this action by ICE underscores what the Immigration Law Group at EBG has been advising clients since the Obama administration took office. Businesses need comprehensive employment verification and related compliance plans in place because the civil and potentially criminal consequences of this enforcement strategy can be severe. Businesses that ignore this important aspect of their operations can face substantial fines that make compliance now not only good corporate citizenship, but also good risk management.”
These ICE inspections are one of the most powerful tools the federal government has to enforce employment and immigration laws. The fines for simple Form I-9 violations range from $110 to $1,100 per violation, with the higher range applicable to employers with a higher percentage of mistakes. Employers with large workforces that fail to properly manage the Form I-9 process can face fines of hundreds, or even millions, of dollars. Employers and their managers also can face criminal prosecution if they deliberately neglect their legal responsibilities in this area. This latest ICE action in the Southeast underscores the need for all businesses to review this important aspect of their operations, develop compliance plans that will protect them from this potential liability and have in place crisis management procedures, including access to outside counsel that specializes in this area, in the event that the “ICEman” cometh!
U.S. Citizenship and Immigration Services (USCIS) today posted an
On October 6, 2009, the Department of Homeland Security (DHS) announced that it will issue a final rule, to be published in the Federal Register on October 7, 2009, rescinding the embattled “No-Match” regulation. As we have previously reported, DHS is of the opinion that the receipt of a “No-Match” letter provided constructive knowledge to an employer that an employee may not be authorized to work. This rule would have created a “safe-harbor” procedure for employers to respond to “No-Match” letters, thus clearing employers from any knowing hire liability for that worker. 
The U.S. Citizenship and Immigration Services ("USCIS") announced on August 27, 2009, that the federal Office of Management and Budget has approved an extension of the current Form I-9 to August 31, 2012. As a result, the USCIS has amended the Form I-9 to reflect an updated revision date of August 7, 2009. This revision date appears in the lower right hand corner of the form. 
On July 23, 2009, a bipartisan group in the House and Senate reintroduced “The Secure America Through Verification and Enforcement Act” (“SAVE”), which would require employers to use E-Verify to ensure that their workers are authorized to work in the country. This SAVE legislation is largely the same as the bill first introduced in Congress on November 6, 2007. According to its sponsors, the SAVE is designed to reduce illegal immigration by gradually phasing in the use of E-Verify and increasing border security with additional border patrol agents and new technology and infrastructure.
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.
On June 11, 2009, a federal district court issued an injunction that required the University of Pittsburgh to sponsor a Russian biologist for an H-1B extension and continue her employment until her claims of discrimination in her discharge can be resolved. Karakozova v. University of Pittsburgh, No. 09-cv-0458 (W.D. Pa. June 11, 2009). The Karakozova decision represents the latest decision that injects the courts into what previously had been considered the employer’s unlimited discretion in sponsoring an employee for any immigration benefit, including H-1B classification. We reported last year on the Lionbridge decision, in which the 10th Circuit found that the employer violated a fiduciary obligation created by its vague immigration sponsorship policy by failing to sponsor an H-1B employee for permanent residence. These decisions unfortunately appear to represent increased judicial intervention into an employer’s sponsorship decisions and thus place a premium on the organizational policies that define the employer’s obligations in this area. .gif)
On July 2, 2009, the U.S. Department of Homeland Security, Immigration and Customs Enforcement (“ICE”) launched a new and bold initiative to audit companies by issuing Notices of Inspection (“NOIs”) to 652 businesses nationwide..jpg)
businesses in New York, San Antonio, Seattle, and San Diego. ICE has also sent audit notices to 32 companies in Arizona. For a long time the government has been seeking new ways to impose E-Verify on all US employers. I believe the strategy behind these notices is to paint a picture of rampant immigration violations so, come September 2009, Congress will make E-Verify mandatory for every employer. For as much as the government loves E-Verify, it will never be a substitute for immigration reform or stop illegal immigration.
We are letting our subscribers and friends know they can also follow our immigration news and updates at: 
On June 12, 2009, the Supreme Court of the State of New York, Bronx County, issued a decision that allowed the plaintiff, an undocumented alien who was pursuing a tort claim, to offer evidence of probability that his asylum application would succeed so the jury could evaluate his claim for lost wages. Maliqi v. E. 89th Street Tenants, Inc., Index No. 23309/06 (Sup. Ct. Bronx Cty. June 12, 2009). Under the federal immigration laws, undocumented aliens are not allowed to work. In tort claims where lost wages are concerned, defendants often attempt to use the plaintiff’s illegal immigration status as an absolute legal bar to recovery. In most states, the courts will allow recovery for back wages on the theory that the employer should not benefit from the employee’s labors, especially if its lax application procedures allowed the employee on the organization’s payroll. The issue of how to handle claims of lost future earnings has resulted in different approaches in the various states. Most states agree that an individual’s undocumented status is not an absolute bar to recovery. This is especially the case where the employer either knew of the employee’s lack of work authorization or did not have procedures in place to properly evaluate that work authorization. E.g. Balbuena v. IDR Realty, 6 NY 3d 338 (2006). The question is how does the plaintiff prove that he is legally entitled to the lost future earnings claimed? In the Maliqi decision, the court recognized that the plaintiff’s immigration status was a relevant consideration on any lost future earnings claim. If he remained undocumented, then he had no legal right to future wages. If his asylum claim was granted, however, he might. In a novel approach, the court resolved this conflict by allowing the plaintiff to offer evidence to the jury regarding the likelihood of success for his asylum claim. In essence, the court held that the length of time during which the plaintiff might continue legally earning wages in this country and the prospect of his deportation are factual issues for the jury to determine. (From EBG's Immigration Newsletter)
The Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§1961 et seq. (RICO), is gaining popularity as a tool by the federal government, employees, competitors and others to combat immigration law violations. The resort to RICO rests in large part on the federal government’s failure to pass comprehensive immigration reform. The attractiveness of RICO as a civil or criminal claim results from its stiff penalty provisions. Successful civil plaintiffs can recover treble civil damages, reasonable counsel fees and injunctive relief if they can prove that the damages they suffered resulted “by reason of” the defendant’s immigration violations. The government finds RICO well-suited for criminal prosecutions in this area because of the ease with which it can prove conspiracy claims and thus connect illegal activities by several defendants. The Askarkhodjaev indictment, for example, contained several RICO counts. During the last month, two class action decisions were issued by the federal courts that emphasized the increased reliance on RICO as a remedy for immigration violations. On May 18, 2009, a federal court in the Eastern District of California granted class certification of RICO claims brought by employees who alleged that the employer, a food-processing company, had depressed their wages by engaging in a pattern of racketeering activity by knowingly hiring undocumented workers at low wages. Brewer v. Salyer, No. 06-1324 (E.D. Calif. May 18, 2009). On May 28, 2009, the United States Court of Appeals for the Eleventh Circuit reversed a district court decision that had denied class certification to the plaintiff employees who sued Mohawk Industries, Inc. claiming that it violated RICO by hiring undocumented workers to drive down their wages. Williams v. Mohawk Industries, Inc., No. 08-13446 (11th Cir. May 28, 2009). The Mohawk litigation has had a long and tortured history in the federal courts. It began in January 2004, and several issues have been on appeal to both the 11th Circuit and the U.S. Supreme Court. As a result of this decision, however, Mohawk now faces the prospect of treble damages if found liable to the thousands of employee plaintiffs that comprise the class. (From EBG's Immigration Alert)
On June 22, 2009, the U.S. Citizenship and Immigration Services (“USCIS”) announced that on June 29, 2009, it would resume accepting requests to Premium Process Form I-140 petitions involving EB-1 Aliens with Extraordinary Ability, EB-1 Outstanding Professors and Researchers, EB-2 Members of the Professions with Advanced Degrees or Exceptional Ability who are not seeking a National Interest Waiver, and EB-3 Professionals, Skilled Workers and Other Workers. Premium Processing still is not available for EB-1 Multinational Managers and EB-2 Members of the Professions with Advanced Degrees or Exceptional Ability who seek a National Interest Waiver. Under the rules applicable to premium processing, the USCIS requires an additional filing fee (presently $1,000) and agrees to adjudicate the petition or issue a Request for Additional Evidence within 15 calendar days. Participants in the premium processing service also have access to a dedicated phone line and email address to ascertain the status of the case or ask questions..png)
On April 30, 2009, the U.S. Department of Homeland Security (“DHS”) issue a Fact Sheet in connection with its new worksite enforcement strategy. The new worksite enforcement strategy shifts its enforcement focus from undocumented workers to employers. We predicted this shift in strategy back in March of 2009 (See .jpg)
April 23, 2009 by Senators Richard Durbin (D-IL) and Charles Grassley (R-IA), they will soon introduce a new immigration bill that, if signed into law, will have far reaching consequences for employers of H-1B and L-1 workers. 
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.
A provision in the $787 billion stimulus bill that would have required employers receiving federal stimulus money to use E-verify was dropped from the bill. This move is a victory for employers in the construction business receiving assistance from the stimulus bill.
On January 30, 2009, U.S. Citizenship and Immigration Services ("USCIS")announced that the effective date of the new Form I-9 (Employment Verification Form) has been delayed for 60 days, until April 3, 2009. 
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.
DHS' Krome Detention Center in Miami launched a new program aimed to speed up immigration court proceedings immigrants facing deportation.
“This program is extraordinarily important because there are people in the detained setting that are giving up their rights’ to stay in the country,” said Linda Osberg-Braun, president of the American Immigration Lawyers Association’s South Florida chapter.
The Department of Homeland Security ("DHS") announced that all nonimmigrant aliens traveling to the United States under the Visa Waiver Program ("VWP") will have to obtain travel authorization from the Department’s Electronic System for Travel Authorization ("ESTA"). To comply with ESTA, VWP travelers must provide electronically to U.S. Customs and Border Protection ("CBP") the information currently collected on the I-94W Nonimmigrant Alien Arrival/Departure (Form I-94W) through the CBP ESTA website and receive authorization to travel before embarking on travel to the United States.
On November 7, 2008, Associated Press reported “Federal officials say they have deported more than 12,000 illegal immigrants from Florida, Puerto Rico and the U.S. Virgin Islands in the 12 months ending in October.” The number of deported foreign nationals provided by U.S. Immigration Customs Enforcement (“ICE”) is actually 12,753. This number includes immigration violators, fugitives, and foreign nationals convicted of deportable crimes (i.e. felonies and certain misdemeanors). This number also represents, roughly, a 25% increase in the number of deportations from the prior fiscal year (9,105). DHS’ fiscal year begins every October 1st.
On October 22, 2008, DHS announced issuance of the final Secure Flight Final 
Rule (the “SF Rule”). This followed a Notice of Proposed Rulemaking issued in August 2007. In its final form, the SF Rule shifts responsibilities for review of pre-departure watch lists from individual aircraft operators to the Transportation Security Administration (“TSA”) or CBP. This implements a key recommendation of the 9/11 Commission by giving the government responsibility for monitoring watch lists.
Domestic and international carriers, and industry associations, have expressed many concerns in connection with the implementation of the SF rule. Among those, the fact the industry in general will need at least six months to upgrade its reservation and departure systems in order to come into compliance with the rule. Implementing the rule will also be extremely expensive, particularly, for an industry that has sustained large economic 
losses and operates almost at break-even point. Other concerns include travel disruption since the rule requires bulk buyers to provide the identities and personal information of each passenger 72 hours in advance of a flight; the disruption of foreign carriers operations by requiring passengers to be screened even if a flight does not intend to land in the United States; and the creation a data collection system likely to be at odds with other DHS data collection programs. The SF Rule will be implemented in two phases. First TSA will assume watch list responsibility for domestic flights in early 2009. Later that year, CBP will be given similar responsibility for international flights.
U.S. Citizenship and Immigration Services ("USCIS") has increased the maximum period of time a Trade-NAFTA ("TN") professional worker from Canada or Mexico may remain in the United States before seeking readmission or obtaining an extension of stay. According to USCIS' official release this final rule changes "the initial period of admission for TN workers from one to three years, making it equal to the initial period of admission given to H-1B professional workers." The release also points out that eligible TN nonimmigrants "may now be allowed to receive extensions of stay in increments of up to three years instead of the prior maximum period of stay of one year." USCIS's Q&A, issued simultaneously with the official release, also states "[T]his final rule will extend that period to a maximum of three years to be consistent with other nonimmigrant worker categories, such as the H-1B." The new regulation's summary, although not a part of the regulation, states:
one year to three years, and allows otherwise eligible TN nonimmigrants to be granted an extension of stay in increments of up to three years instead of the current maximum of one year. In addition, this rule grants the same periods of admission or extension to TD nonimmigrants, the spouses and unmarried minor children of TN nonimmigrants to run concurrent. The rule also removes the mention of specific petition filing locations from the TN regulations and replaces the outdated term ``TC'' (the previous term given to Canadian workers under the 1989 Canada-United States Free Trade Agreement) with ``TN.''
(2) Without a valid I-94. If the alien seeking readmission to the United States in TN classification is no longer in possession of a valid, unexpired Form I-94, and the period of initial admission in TN classification has not lapsed, then a new Form I-94 may be issued for the period of validity that remains on the TN nonimmigrant's original Form I-94 with the legend ``multiple entry'' and the alien can then be readmitted in TN status if the alien presents alternate evidence as follows:
leave the United States for any reason while the petition is pending, the petitioner may request that USCIS notify the consular office where the beneficiary is required to apply for a visa or, if visa exempt, a DHS-designated port-of-entry where the beneficiary will apply for admission to the United States, of the approval.
CHEP, a pallet and container pooling services company in Orlando, recently 
announced its “formal partnership” with U.S. Immigration and Customs Enforcement (I"CE") to follow hiring practices, train its staff, and use ICE’s Mutual Agreement between Government and Employers (“IMAGE”) to verify that its employees are lawfully authorized to work. The company signed for IMAGE last month at ICE's headquarters in Washington DC, committing the company to meeting the workforce compliance standards set by the program.
The U.S. Department of Justice announced today that federal immigration arrests surpass drug arrests. The official release, which I reproduce here below, states:
federal suspects arrested and booked by the U.S. Marshals in 2005, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. Material witness (20 percent), immigration (15 percent) and weapons (11 percent) arrests increased at the fastest annual rate from 1995 to 2005. In 2005, immigration (27 percent) was the most prevalent arrest offense followed by drug (24 percent) and supervision violations (17 percent). Forty percent of all suspects arrested by the U.S. Marshals Service were arrested in 1 of 5 federal judicial districts along the U.S.-Mexico border, including Arizona, New Mexico, the Southern and Western Districts of Texas, and the Southern District of California. Nearly 1 in 4 (23 percent) of all suspects arrested in 2005 were arrested in the Southern and Western Districts of Texas.
The federal government reorganized key federal law enforcement agencies following the passage of the Homeland Security Act of 2002. The U.S. Customs Service and Secret Service transferred from the Treasury Department to the Department of Homeland Security; the Bureau of Alcohol, Tobacco, Firearms, and Explosives transferred from the Treasury Department to the Department of Justice; and the Immigration and Naturalization Service moved DOJ to DHS. In 2004 and 2005, the Department of Homeland Security (DHS) referred nearly half (45 percent) of all suspects handled by U.S. attorneys, compared to 33 percent of suspects referred by Justice agencies. Suspects referred for federal prosecution by the Treasury Department were 2 percent of all suspects referred in 2004 and 2005, down from 20 percent five years earlier. From 1995 to 2005, the likelihood of being prosecuted, convicted, and sentenced to prison increased. Sixty percent of suspects referred to U.S. attorneys were prosecuted in 2005 (from 54 percent in 1995). Ninety percent of defendants charged with a federal violation were convicted (up from 84 percent in 1995), and 79 percent of defendants convicted in 2005 were sentenced to prison (up from 67 percent in 1995). Thirteen percent of the defendants convicted in 2005 were sentenced to probation (down from 24 percent in 1995).
2005 was more than three times greater than the average growth in U.S. resident population (1.1 percent) over this period. Suspects referred in federal judicial districts with an average population of more than five million U.S. residents grew at a faster rate than less populated districts. Suspects handled by U.S. attorneys in districts with an average population of less one million U.S. residents were declined for further prosecution at a higher rate (36 percent) than in more populated districts (20 percent). Felony convictions in federal court (25 percent) increased at faster rate than in state court (5 percent) from 1996 to 2004. In 2004, 1 in 5 convictions of state and federal weapons felons were handled in federal courts—more than twice the percentage of state and federal weapons felons convicted in federal court in 1994.
The U.S. Court of Appeals received 14,644 filings in 2005—an increase of 44 percent from 1995. About 4 in 10 appeals filed in 2005 were for drug offenses (41 percent), followed by immigration (17 percent), weapons (16 percent) and violent (5 percent) offenses. Appeals filed by immigration offenders increased an average 25 percent per year from 1995 to 2005. At yearend 2005, 375,600 persons were under some form of federal supervision—62 percent were in secure confinement, including prison and pretrial detention. Thirty-eight percent were under federal supervision in the community, including pretrial release and post-sentencing supervision..jpg)
U.S. Customs and Border Protection ("CBP") announced on Thursday, October 2, 2008 that Global Entry kiosks are now available at four additional international U.S. airports. CBP is the unified border agency within the Department of Homeland Security charged with the management, control and protection of U.S. borders at and between the official ports of entry. CBP is also charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.
later this month. Global Entry applicants will be able to complete their interview and biometric data collection at these sites. Global Entry kiosks also will be installed at additional terminals at John F. Kennedy International Airport October 17. The Global Entry pilot program began June 6 at JFK International, George Bush Intercontinental and Washington Dulles International airports. To date, approximately 3,500 members have already enrolled and over 1,100 Global Entry members have used kiosks at the three existing pilot locations. Global Entry is open to U.S. citizens or lawful permanent residents. For more information on CBP trusted traveler programs, or for an application to enroll in the Global Entry pilot program, please the globalentry.gov Web site. ( Global Entry Program – Applications Are Available Now! )."
I am reproducing in its entirety the following article, I think you should read it:
According to the U.S. Department of Justice "Cesar Navarrete, Geovanni Navarrete, Villhina Navarrete, Ismael Michael Navarrete and Antonio Zuniga Vargas pleaded guilty to charges relating to a scheme to enslave and Mexican and Guatemalan nationals and compel their labor as farmworkers, the Justice Department announced today. All five defendants pleaded guilty to harboring undocumented foreign nationals for private financial gain and identify theft. In addition, Cesar and Geovanni Navarrete pleaded guilty to beating, threatening, restraining and locking workers in trucks to force them to work for them as agricultural laborers. Cesar Navarrete also pleaded guilty to re-entering the U.S. after being convicted of a felony and deported, and Ismael Navarrete also pleaded guilty to document fraud. ... The defendants were accused of paying the workers minimal wages, driving them into debt, while simultaneously threatening physical harm if the workers left their employment before their debts had been repaid to the family. Previously, co-defendant Jose Navarrete entered a guilty plea for conspiracy to harbor and to harboring undocumented foreign nationals for financial gain as well as possession of false documents, identify theft and re-entry after being deported." USDOJ, Sept. 3, 2008..jpg)
On August 28, 2008, The Des Moines Register published a story by Tony Leys entitled "Critics tie scant new charges to wariness after Postville raid." Florida employers would be well served if they read it. I reproduce the story in full here below: 
The Beacon News online, member of the Sun-Times news group, reported on August 27, 2008, in an article written by 
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On Monday, August 25, 2008, U.S. Immigration and Customs Enforcement Agents (“ICE”) raided Howard Industries Inc. of Laurel, Mississippi, an electrical equipment company that produces electrical transformers, medical supplies, and others, apprehending 595 suspected undocumented workers. Howard Industries, founded in the 1960s, received in 2002 a $31.5 million, taxpayer-backed incentive plan aimed at helping to expand its operations. On Monday, Barbara Gonzalez, ICE’s spokeswoman for this raid, stated this raid was "...a targeted enforcement operation that is part of an ongoing ICE investigation that has revealed that illegal aliens are employed at Howard Industries." Barbara Gonzalez also added that ICE had acted on a tip provided by a union worker. The U.S. Department of Justice and ICE issued a joint press release annoucing that “…special agents executed a federal criminal search warrant yesterday at Howard Industries, Inc., an electric transformer manufacturing facility, for evidence relating to aggravated identity theft, fraudulent use of Social Security numbers and other crimes, as well as a civil search warrant for individuals illegally in the United States…as a result of yesterday’s enforcement action, approximately 595 illegal aliens were arrested by ICE special agents. Of those, approximately 106 were identified as being eligible for an alternative to detention based on humanitarian reasons. These individuals will still be required to appear before a federal immigration judge who will ultimately determine whether or not they will be deported. Eight criminal cases have been accepted for prosecution by the U.S. Attorney’s Office for the Southern District of Mississippi. The criminal cases are focused on charges of aggravated identity theft. The other cases are being handled via administrative law procedures at the Department of Homeland Security. “Yesterday’s enforcement action is part of ICE’s ongoing nationwide effort to shut down the employment magnet fueling illegal immigration,” said Holt. “We are committed to strengthening the integrity of our nation’s immigration system. Harris noted that the eight cases being criminally prosecuted are for separate identity theft charges. “Identity theft is a growing problem in the United States, and the Department of Justice has prioritized bringing perpetrators of these crimes to justice and protecting the interests of innocent victims. All of those arrested were interviewed, fingerprinted and photographed by ICE agents and processed for removal from the United States. Approximately 475 were transported to an ICE facility in Jena, Louisiana where they will await the outcome of their case. The eight individuals facing criminal charges are in the custody of the U.S. Marshal’s Service.” On August 27, 2008 the Hattiesburg American reported that "when federal agents raided the Howard Industries plant early Monday, they sealed off the exits and made it impossible for any of the workers to escape, some of the detainees released said Tuesday. ...when the Immigration and Customs Enforcement agents scrambled into the plant, they ordered workers to form two lines - one for Hispanics and one for non-Hispanics."According to AP this "the largest single-workplace immigration raid in U.S. history has caused panic among Hispanic families in this small southern Mississippi town, where federal agents rounded up nearly 600 plant workers suspected of being in the country illegally." 
On July 7, 2008, Missouri Governor Matt Blunt signed a bill, effective January 1, 2009, requiring employers contracting or receiving grants from the state in excess of $5,000 to use E-Verify. Missouri joins a growing number of states that, in the absence of a federal comprehensive immigration reform act, have chosen to regulate the employment of illegal workers. The Missouri bill shares similarities to other bills enacted in states such as: Colorado, Georgia, Minnesota, Oklahoma, Rhode Island, and Utah. However, this bill goes further by requiring employers with state-administered tax credits, tax abatement, or state-administered loans to also use E-verify. The 
bill also gives Missouri's Attorney General the authority to enforce the act. Missouri's Attorney General may now demand: 1) employers to provide identification information on their employees; 2) employers to provide identification documents within 15 business days of receiving such a request. Failing to abide by the request could result in the suspension of a company's applicable local licenses, permits, and exemptions until the documents are supplied, 3) employers to classify its employees correctly (i.e. knowingly classifying an employee as an independent contractor when he/she is not carries fines ranging from $50 to $50,000.) A contractor will not be liable for the unauthorized employment of an illegal alien if a subcontractor employing the individual provides a sworn affidavit that the employee is authorized to work in the US. Missouri's law does not substitute the federal requirement to complete Form I-9 Employment Eligibility Verification. 
The American Immigration Lawyers Association ("AILA") recently stated that 
"USCIS had previously announced that they would begin to issue 2-year EAD cards for some adjustment applicants under 8 C.F.R. §274a.12(c)(9). USCIS has provided AILA liaison with additional clarifications regarding eligibility for the 2-year card: 1)USCIS will review the issue of visa retrogression at the time the I-765 application is filed. However, if the priority date is current as of the date of filing, but later retrogresses while the I-765 application is pending, USCIS has the discretion to review the case again and issue the 2-year EAD. If the .jpg)
priority date is backlogged as of the date of filing, but later becomes current while the I-765 is pending, USCIS also has the discretion to review the case again and issue a 1-year EAD, and 2) in order to be eligible for a 2-year EAD card on a concurrently-filed adjustment of status application, the I-140 petition must be approved. If the I-140 is still pending, USCIS will only issue a 1-year EAD card." More clarifications on this subject coming up. I will keep you posted.
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. 
EEVS, a deeply flawed program, is the core center of the “SAVE Act.” The SAVE Act was introduced in Congress in November of 2007 by Reps. Heath Schuler (D-NC) and Tom Tancredo (R-CO). 
USDOL’s announcement states: “The department has information indicating that in at least some cases the firm improperly instructed clients who filed permanent labor certification applications to contact their attorney before hiring apparently qualified U.S. workers. The audits will determine which, if any, applications should be denied or placed into department-supervised recruitment because of improper attorney involvement in the consideration of U.S. worker applicants.” 
application process and low attorney fees receive legal services which may cover the minimum application requirements, but that do not offer protection. The days of “easy” compliance are long gone; today’s immigration law is complex, always changing and confusing. The US government has become more active in enforcing immigration laws against employers. In response to 9/11, the government has increased security measures and electronic initiatives to address national security concerns. The increase in the government's immigration policies is manifesting itself in a resurgence of government audits and criminal investigations of US employers. Given these enforcement times we live in, employers would be better served by researching and hiring legal services that offer them safety. .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. .jpg)
Along with all the above-imposed obligations, there is a major obligation the government does not seem to contemplate, and, as it would appear, not to care, the heavy economic burden imposed on the carriers to implement the requirements of the rule. Under the new rule carriers will have to invest millions of dollars in man-hours, programs, system, procedures and more. Carriers will have to implement the requirements of the rule or simply cease to do business in the US. This particular rule deals an overwhelming negative economic impact on an industry already operating, generally speaking, at the brink of bankruptcy. Add to this, the fact that we live in a state with a complex economy that depends greatly on tourism, and in a country in “transition” with a weakening economy, which has partly resulted from the restrictive immigration requirements imposed by the government, the results are not difficult to foresee. 