Articles Posted in I-9 compliance

After an investigation conducted by U.S. Immigration and Customs Enforcement (ICE), a San Diego-area French bakery, along with its owner and a manager, were charged in a 16 count indictment. The indictment alleges that the defendants conspired to engage in a pattern or practice of hiring and continuing to employee unauthorized workers, a misdemeanor, in addition to 14 felony counts, including making false statements and shielding undocumented alien employees from detection. If convicted, the owner and manager of the bakery face a maximum of five years in prison and a $250,000 fine on each count. The indictment also seeks criminal forfeiture of proceeds gained from the corporation’s unlawful activities.

It has become apparent that ICE aggressively targets employers who violate immigration laws by knowingly employing an illegal workforce. Mike Carney, acting special agent in charge for ICE Office of Investigations in San Diego provided, “this indictment shows ICE’s commitment to holding businesses accountable when they repeatedly ignore immigration laws as it relates to their workforce. The goal of our enforcement is two-fold, first to reduce the demand for illegal employment and, second, to protect job opportunities for the nation’s lawful workforce.” In FY 2009, ICE worksite investigations resulted in a total of 410 criminal arrests, including 114 management personnel.

The MVP Law Group, P.A. provides assistance to employers interested in establishing an effective employment compliance program which includes training administrative personnel and other employees. If you are interested, please contact our office.

The United States Citizenship and Immigration Service (USCIS) has released FAQs regarding Federal Contractors and the E-Verify program. The FAQs address what the E-Verify program is, how it works, and the reason why Federal Contractors must enroll in the program.

Beginning September 8, 2009, all Federal Contractors and Subcontractors who enter into contracts on and after September 8, 2009 must be enrolled in the online E-Verify work authorization program.

The E-Verify program is a free optional web based employment verification program that verify’s employee’s employment eligibility by submitting key information from Form I-9 into the online database.

U.S. Immigration and Customs Enforcement (ICE) launched a bold new audit initiative in 2009 to combat the problem of hiring of an illegal workforce.

On March 2, 2010, 180 businesses in Louisiana, Mississippi, Alabama, Arkansas, and Tennessee were served with Notice of Inspections (NOIs) indicating that ICE would inspect their hiring records (Form I-9) to determine whether they are in accordance with the employment eligibility verification laws and regulations.

Audits involve a comprehensive review of Form I-9s. Form I-9 must be completed and retained for each new hire. Under the Immigration Reform and Control Act of 1986 (“IRCA”), all employers must verify that every person that is hired is either: a U.S. citizen, a lawful permanent resident, or a foreign national with authorization to work in the U.S. Within three business days of beginning the job, a new employee must furnish identity and employment eligibility documents (i.e., passport, permanent resident card, employment authorization card, driver’s license, birth certificate, military id, etc). It is the responsibility of the employer to examine the documents to determine whether they are genuine and relate to the specific employee. Once the I-9 form is completed, they are to be kept in office for the longer of three years after employment begins or one year after employment is terminated. Most importantly, if an employee has temporary employment authorization, a re-verification of employment eligibility must be conducted prior to expiration of the employment authorization.

U.S. Immigration and Customs Enforcement (ICE) launched a bold new audit initiative this year to combat the problem of hiring of an illegal workforce.

On July 1, 2009, 654 businesses nationwide were served with Notice of Inspections (NOIs) indicating that ICE would inspect their hiring records (Form I-9) to determine whether they were in accordance with the employment eligibility verification laws and regulations. The businesses presented with the NOIs to Audit Form I-9 were selected as a result of leads and other information obtained through other investigative measures. This was the first step for ICE in its nationwide plan to promote compliance with the employment eligibility laws through an effective I-9 Audit system.

Audits involve a comprehensive review of Form I-9s. Form I-9 must be completed and retained for each new hire. The form requires the employer to review several personal identification documents of the new hire (i.e., passport, permanent resident card, employment authorization card, driver’s license, birth certificate, military id, etc) and to determine the genuineness of the documents.

After an investigation conducted by U.S. Immigration and Customs Enforcement (ICE), the Social Security Administration’s Office of Inspector General, the Missouri State Highway Patrol, the U.S. Marshals Service and the U.S. Department of Agriculture, a Missouri poultry processing plant paid $450,000 in fines as part of a settlement agreement for hiring illegal aliens.

As a result of the 2007 poultry plant investigation, ICE administratively arrested 136 illegal alien workers from Mexico and Guatemala within the plant in Cassville, MO. Two of the company’s hiring personnel were convicted of harboring illegal aliens and inducing them to remain in the U.S.

An additional provision of the settlement agreement provides that the company has to establish a compliance program to ensure that its employment procedures are in accordance with U.S. immigration laws. Additionally, the company has to train its human resource managers and employees on how to avoid hiring an illegal workforce.