Given the employer’s status as a “Second Offender,” the Office of the Chief Administrative Hearing Officer (OCAHO) ordered that a penalty of $329,895, assessed by ICE agents involved in investigating the company’s I-9 practices, be upheld. In USA v. Durable, Inc., presiding Judge Helen K. Thomas recognized that the employer had incurred 300 I-9
Enforcement
DHS Audit Reveals Inconsistency in Worksite Enforcement Priorities
The Acting Assistant Inspector General for Audits with the DHS Office of the Inspector General, Mark Bell, has made three recommendations for improving ICE’s implementation of its worksite enforcement strategy based on an audit of the agency (www.oig.dhs.gov). ICE is the DHS agency responsible for implementing the nation’s worksite enforcement strategy and protecting…
Proposed Penalties for Employment Verification Related Violations
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Comprehensive Immigration Reform and E-Verify Compliance
AUTHOR: Melina V. Villalobos.
As we previously blogged about on April 17th, a comprehensive immigration reform bill has been introduced in the U.S. Senate, Border Security, Economic Opportunity, and Immigration Modernization Act of 2013. While many critics have focused on the new pathways for legal migration to the U.S. contained in the 850-page bill…
Worksite Enforcement Update – Employers Revisited by ICE?
“Hi, this is Kevin."
“Hi Kevin, it’s Sally at ABC Company. We need your help again. ICE Special Agents came by the worksite again today and delivered a Notice of Inspection for our Forms I-9 and supporting documents. They limited the inspection to the I-9s for active AND separated employees hired after their last inspection, …
ICE Announces Record Increase in Worksite Enforcement Activity
Director of Immigration and Customs Enforcement (ICE) John Morton has announced record numbers of worksite enforcement investigations, criminal prosecutions, and administrative-fine-awards for FY2011.
As the investigative arm of the U.S. Department of Homeland Security, ICE’s primary mission is to promote homeland security and public safety through the criminal and civil enforcement of federal border control…
Summer 2011 Worksite Enforcement Update – ICE Brings Heat and Fines to New England
The United States Immigration and Customs Enforcement (“ICE”) has announced that, as at July 21, 2011, it has fined 14 employers in New England this year for hiring illegal aliens in violation of law.
The companies were the subject of an investigation and audit of their Form I-9 documents, which is part of ICE’s ongoing…
Civil Worksite Enforcement Agreement Between Department of Labor and Department of Homeland Security
To avoid potential conflict, the U.S. Department of Labor (DOL) and the Department of Homeland Security (DHS) have entered into a Memorandum of Understanding (MOU) concerning their respective civil worksite enforcement activities. Under the March 31, 2011, MOU, U.S. Immigration and Customs Enforcement agreed that, unless determined necessary by the Director of ICE…
ICE Announces Record-Breaking Enforcement Results
Approximately $50 million in financial sanctions for worksite enforcement violations were imposed by the federal government in fiscal year (FY) 2010, according to Department of Homeland Security (DHS) Secretary Janet Napolitano and U.S. Immigration and Customs Enforcement (ICE) Director John Morton. The agencies announced record-breaking immigration enforcement results that reflect the aggressive stance taken under…
Employers Feeling Heat from ICE
The scorching Texas summer is not the only heat Texas employers are feeling these days. According to a recent article in the Houston Chronicle, the United States Immigration and Customs Enforcement (ICE) has hit 23 Texas companies with civil fines exceeding $600,000 for hiring unauthorized workers, failing to comply with regulatory employment verification requirements, or…