On October 1, 2018, the U.S. Citizenship and Immigration Service (USCIS) began implementing the new policy regarding issuance of Notice to Appear (NTA) regarding certain inadmissible and deportable foreign nationals who are in the U.S. USCIS is [...]
In the era of increased immigration enforcement under President Trump, our foreign national clients and readers are increasingly asking about the requirements on carrying specific immigration documents with them while they are in the U.S. – whether [...]
Immigration related compliance is an increasing concern for U.S. employers, who are often caught between two federal agencies with opposing interests: ensuring that all workers are authorized for employment in the U.S. and protecting those who are lawfully here from discrimination. Careful what you ask for The Immigration Reform and Control Act of 1986 (“IRCA”) [...]
Although the Form I-9 may on its face appear to be simple, it is imperative for employers and their human resource departments to ensure accuracy and full compliance with the Form I-9. Last year, U.S. Immigration and Customs Enforcement (ICE) inspected the I-9 Forms of 3,127 employers and issued over $15 million in fines. One [...]
OCAHO reduced fine for a mom and pop family business, from $14,025 to $1,650, stating in the decision that “ICE overreaches when it issues a NIF and files a complaint containing allegations that the government actually knows to be false.” (U.S. v. Crescent City Meat Company, Inc., 4/22/14) This recently published case appears to demonstrate [...]
The Immigration and Customs Enforcement’s (ICE) pursuit of employers who violate federal immigration compliance laws is expected to be moving full speed ahead in 2014, and in some instances accelerating in comparison to prior years. As a result of both substantially increased funding for enforcement actions and an outcome of the public debate about illegal [...]
Are you looking to replace your error-prone I-9 paper process with an electronic system in 2014? Companies that are considering transitioning to electronic I-9s should be aware that there are significant issues related to legal liability, security, functionality, and cost. There are benefits and disadvantages to both approaches. Some advantages of using electronic I-9 [...]
IMAGE (the ICE Mutual Agreement Between Government and Employers) is a voluntary partnership initiative between the federal government and private sector employers. The initiative is designed to foster cooperative relationships and to strengthen overall hiring practices. ICE developed the program as a new concept for employer self-compliance within the worksite enforcement program, through which employers can [...]
U.S. Immigration and Customs Enforcement (ICE) is launching another round of worksite investigations. Recently, ICE has indicated it would conduct another wave of I-9 audits. ICE prioritizes investigations involving critical infrastructure and key resources. However, no industry or company, regardless of size, type or location is exempt from complying with the law and may become [...]
Recently published cases appear to demonstrate a distinct trend at the Office of the Chief Administrative Hearing Officer (“OCAHO”)* in drastically reducing ICE's penalty assessments, particularly when the employer is a small business and acted in good faith. One commonality we see in decisions is the consistent cite to, "Penalties approaching the maximum permissible should [...]
