Archives: Immigration and Customs Enforcement (ICE)

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Received a No-Match Letter from SSA?

The Social Security Administration (SSA) No-Match letters to employers are notifications from SSA that an individual employee’s W-2 form does not match SSA’s records. The letters also inform employers that corrections are necessary and direct employers to use the SSA’s Business Services Online (BSO) database, which requires registration, to find out exactly which employees came … Continue Reading

Slow Immigration Processing Times Draw Criticism and Questions

Immigration case processing times have dramatically increased in the last few years, impacting U.S. businesses and immigrant families, often causing gaps in work authorization and even loss of employment. In a January 2019 Policy Brief, AILA (American Immigration Lawyers Association) opined, on the basis of USCIS data, that the Agency’s processing delays had reached “crisis … Continue Reading

U.S. Government’s Fake Universities Net F-1 Foreign Students, Recruiters

For some time now, the U.S. has been on the lookout for students who enroll in graduate programs solely for the purpose of obtaining additional CPT (Curricular Practical Training), particularly when they do not “win” the H-1B  lottery. Indeed, USCIS has issued Requests for Evidence (RFEs) regarding H petitions when it suspects that a student … Continue Reading

Enforcement Activity Surges in FY 2018, ICE Reports

ICE has had no official Director since June 2018, when Thomas Homan left the post, but that has not slowed down its worksite and other enforcement activities, according to the agency’s latest fiscal year report (FY 2018 covers October 1, 2017, through September 30, 2018). Acting Director Ronald D. Vitiello’s nomination has been stalled in … Continue Reading

Social Security Administration ‘No Match’ Letters to Employers Make Another Comeback

Social Security Administration (SSA) has begun notifying employers that the information reported on an individual employee’s W-2 form does not match the SSA’s records with “Request for Employer Information” letters, known as “No-Match” letters. SSA started sending these controversial informational requests in 1993, but the practice has waxed and waned in part due to litigation. … Continue Reading

E-Verify Subject to Collective Bargaining

While I-9 compliance is important, companies cannot forget about other labor and employment laws. In May 2018, a meatpacking company in Illinois was caught between ICE and the National Labor Relations Board. ICE conducted an audit of the company’s I-9s. Upon notice of the audit, the company began implementing E-Verify. An NLRB judge ruled that … Continue Reading

Government Immigration Enforcement Activity at Record High

ICE enforcement continues to hit record highs. The Agency has announced that it has served more than 5,200 I-9 audit notices to business owners across the country since January 2018. This was accomplished in two phases. From January to March, 2,540 notices were served, leading to 61 arrests. Then, in the five-day period from July … Continue Reading

Latest ICE Aggressive Enforcement Targets Northern Ohio Meat Processing Plants

On June 19, 2018, unannounced ICE raids resulted in the arrest of more than 140 workers at four meat processing plants in Ohio. ICE calls this its largest workplace raid in recent history. According to Fresh Mark, it is a member of ICE’s voluntary IMAGE (ICE Mutual Agreement between Government and Employers) Program. Fresh Mark … Continue Reading

Fair Employment Housing Commissions Publishes New National Origin Discrimination Regulations; Limits “English-Only” Rules and Expands Protections for Immigration Status

If you haven’t visited our California Workplace Law Blog, please see this recent post which touches on limitations on practices for verifying employment eligibility, as well as related protections for workers.  It is co-authored by one of our immigration attorneys, Brian Schield.… Continue Reading

Number of Government Enforcement Investigations Doubles

ICE announced its enforcements investigations in the last seven months have already doubled last year’s total. Since October 2017, ICE’s Homeland Security Investigations (HSI) opened 3,510 worksite investigations, initiated 2,282 I-9 audits, and made 594 criminal and 610 administrative worksite-related arrests. Thomas Homan, Acting Director of ICE, predicted in October 2017 that ICE would quadruple … Continue Reading

ICE Raids Tennessee Meatpacking Plant, Apprehends and Detains Dozens

In what appears to be the largest worksite enforcement raid under the current administration, ICE arrested 97 immigrants at a meatpacking plant in Tennessee. Eighty-six of the people apprehended were arrested on immigration charges. According to reports, ICE has detained 54 individuals. This ICE raid follows the arrest of 21 individuals during a nationwide ICE … Continue Reading

ICE Sweeps California, Increases Enforcement Nationwide

Following California Governor Jerry Brown’s signing of sanctuary laws in October 2017, the state has been targeted for a major ICE sweep to arrest undocumented individuals. ICE Director Thomas Homan stated that because California’s sanctuary laws nearly eliminate all cooperation with state law enforcement partners, ICE actions “will inevitably result in additional collateral arrests, instead … Continue Reading

Surge of ICE Raids Expected in California Following State Adoption of Immigration Laws

California seems to be at odds with the Trump Administration over many subjects, including the legalization of marijuana, the expansion of off-shore drilling, the elimination of state and local tax deductions, and immigration. The most recent clash over immigration began with the passage in October of “The California Values Act” (CVA) (SB54) and the Immigrant … Continue Reading

Government Shutdown Is Over, For Now

Congress reached agreement and voted to end the government shutdown at least until February 8, 2018. In case another impasse occurs, this is how a federal government shutdown would affect immigration. Department of Labor (DOL) The Office of Foreign Labor Certification (OFLC) will stop processing all applications, and its personnel will not be available to … Continue Reading

ICE Announces Enforcement Priorities, Raids Nearly 100 7-Eleven Stores

On January 10, 2018 ICE issued a press release setting forth its three-pronged approach to worksite enforcement compliance: “compliance, through I-9 inspections, civil fines and referrals for debarment; enforcement, through the arrest of employers, knowingly employing undocumented workers, and the arrest of unauthorized workers for violation of laws associated with working without authorization; and outreach, … Continue Reading

ICE Acting Director Confirms Plans for Significantly Higher Worksite Enforcement Activity

When President Donald Trump issued his first immigration executive orders in January, enforcement was a primary focus. With the “Buy American, Hire American” Executive Order, it was clear that the Administration plans to increase worksite enforcement. This was confirmed by Acting Director of ICE Thomas Homan in a speech at the Heritage Foundation. Homan reported: … Continue Reading

New California Laws Provide Protections to Immigrant Employees

On October 5, 2017, California Governor Jerry Brown signed 11 bills essentially making California a sanctuary state.  The California Values Act (SB 54) aims to protect undocumented immigrants living in California.  Brown stated that “this bill strikes a balance that will protect public safety while bringing a measure of comfort to those families who are … Continue Reading

Federal Immigration Resources Assisting in Hurricane Response in Texas

U.S. Customs and Border Protection (CBP) is deploying staff and equipment for search and rescue efforts and to work at local, state, and federal emergency operations centers in Texas in response to Hurricane Harvey. Hurricane Harvey hit Texas just as the state’s plan to outlaw sanctuary cities is about to go into effect.  Texas also … Continue Reading

Fearing Rejection in U.S., Asylum Seekers Head to Canada

Canada will see a great deal more asylum applications this year as the Trump Administration shows signs of tightening U.S. asylum procedures. Asylum seekers to the U.S. face about a 50-50 chance of rejection if they receive an asylum hearing before an immigration judge, according to a 2016 DHS report to Congress. After President Donald … Continue Reading

DHS Opens Office for Crime Victims of Alleged Illegal Immigrants

Secretary John Kelly of the DHS has announced the establishment of the Victims of Immigration Crime Engagement Office (VOICE). The Office will enable victims or witnesses of crime allegedly perpetrated by illegal aliens to: Report crimes to ICE; Allow victims access to custody information about the purported criminals; and Support victims and witnesses of crimes … Continue Reading

Federal Court Blocks Portion of Trump’s Executive Order Denying Federal Grants to Sanctuary Cities

Once again, a U.S. District Court has blocked part of one of President Donald Trump’s Executive Orders – the January 25th EO “Enhancing Public Safety in the Interior of the United States.”.  In explaining the purpose of that EO, President Trump stated “[s]anctuary jurisdictions across the United States willfully violate Federal law in an attempt … Continue Reading

‘Sanctuary’ Cities Debate Continues

President Donald Trump made cracking down on undocumented individuals a focus of his campaign. On January 25, 2017, he delivered on his promise by signing the “Enhancing Public Safety in the Interior of the United States” Executive Order, directing the federal government to withhold federal funding from states and localities with “sanctuary” policies. Close to … Continue Reading
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