The ICE man cometh: immigration enforcement on the rise
Over the past year, the Department of Homeland Security’s U.S. Immigration and Customs Enforcement (ICE) division has stepped up its scrutiny of employer I-9 compliance. Following on the heels of highly publicized I-9 inspections of 652 employers in July 2009, and 1,000 businesses and organizations last fall, ICE announced on March 2nd that it had issued Notices of Inspection to 180 businesses in the states of Louisiana, Mississippi, Alabama, Arkansas and Tennessee.
This expanding enforcement effort reminds employers of the importance of the employment eligibility verification (I-9) process, since even inadvertent paperwork errors may expose a company to fines, and intentional or neglectful violations could subject an employer to criminal penalties. By developing and implementing a due diligence program that includes policies on completing and maintaining I-9s, training and self-audits, employers can take proactive steps to improve I-9 compliance and minimize the risk of sanctions.
We recommend that all employers systematically review their I-9 procedures and policies periodically, as well as perform regular audits of their I-9 forms to ensure compliance.
Popular related articles
-
A female employee of our company filed a Charge with the EEOC that she has been discriminated against because one of our executives is involved in a relationship with a subordinate female employee.
-
HR professionals will tell you that an exit interview is a valuable tool for learning what a company is and is not doing well; what they may not tell you is that exit interviews are also an important tool for managing the risks of the electronic workplace.
-
Most employers assume that any intellectual property ("IP") created by an employee in connection with the employee's job duties will automatically become the exclusive property of the employer.
-
Last week a federal district court in California granted Cisco Systems, Inc. summary judgment on its Computer Fraud and Abuse Act (“CFAA”) claim against an ex-employee who “on multiple occasions and without authorization, . . . used a Cisco employee’s password to gain access to Cisco’s computer systems and download Cisco’s proprietary and copyrighted software.”
-
Open source software has not historically generated much litigation.
-
The Supreme Court has accepted seven labor and employment-related cases to be heard in the Court's next term, which begins in October 2010.
-
This week, President Obama signed into law the "Dodd-Frank Wall Street Reform and Consumer Protection Act" (the "Act").
-
Two recent decisions by United States federal courts serve as useful reminders to companies and their advisors of the rules regarding disclosure of merger negotiations.
-
Spiderman, James Bond, Wonder Woman, Batman – these iconic heroes remain among the best-known fictional characters of our time, and, as characters, are afforded copyright protection, independent of the works in which they appear.
-
In Wisbey v Lincoln, a city employer lawfully (a) required a depressed emergency services dispatcher to submit to a fitness-for-duty exam and (b) fired her when she failed the exam.
-
On July 22, 2010, the Department of Homeland Security will publish a Final Rule that regulates how employers may use electronic systems to complete and to store their I-9 Forms.
-
Global mobility is on the rise leading to increased incoming and outgoing expatriate employment.
-
During last month's E-Verify redesign training, U.S. Citizenship and Immigration Services (USCIS) innocently "reminded" employers that companies have three days after an employee’s date of hire to open a case in E-Verify.
-
This morning, Judge Susan R. Bolton of the United States District Court for the District of Arizona preliminarily enjoined the four portions of Arizona Senate Bill 1070 (“S.B. 1070") that would have made it a crime for an unauthorized alien to solicit, apply for, or perform work; required police to determine the immigration status of anyone stopped, detained, or arrested in the State; made it a state crime to fail to apply for or carry alien registration papers; and authorized warrantless arrests of aliens believed to have committed offenses that make them removable from the United States.
-
The South Carolina Department of Labor, Licensing, and Regulation's Office of Immigrant Worker Compliance has begun auditing employers in the state for compliance with the South Carolina Illegal Immigration Reform Act (SCIIRA); such audits were extended to businesses with fewer than 100 employees as of July 1.
-
On July 22, 2010 U.S. Immigration and Customs Enforcement (ICE) published a final rule providing that employers and recruiters or referrers for a fee, who are obligated to retain the Form I-9, Employment Eligibility Verification, may sign this form electronically and retain it in an electronic format. This final rule amends and updates an interim rule published on June 15, 2006.
-
An immigration and litigation team effort, led by Penningtons partner Nichola Carter, has represented English UK in its High Court win.
-
U.S. Citizenship and Immigration Services (USCIS) announced on May 11, 2010 that it has redesigned the Permanent Resident Card, commonly known as the “green card,” to incorporate several major new security features.
-
The U.S. Department of State (DOS) has released its August 2010 Visa Bulletin.
-
At the end of June the British government announced that the number of non-European workers admitted to the United Kingdom will be controlled by an annual cap beginning in 2011.
-
Professor Walter Kehowski sent three racially-charged emails over a distribution list maintained by the college district where he teaches math.
-
Gurpreet Singh moved from India to California to work as a general manager for Southland Stone.
-
In an opinion issued on June 22, 2010, the EU Data Protection Authorities (Article 29 Working Party) clarified the legal framework applicable to online behavioral advertising - an activity that is becoming a hot topic for discussion as its popularity grows.
-
On July 8, 2010, the U.S. District Court for the District of Massachusetts issued two decisions declaring Section 3 of the Federal Defense of Marriage Act (“DOMA”) unconstitutional
-
Plaintiffs sought to represent and certify a class of 4,000 current and former employees of Boyd & Associates, which provides security guard services throughout Southern California.
-
On July 14, 2010, the Departments of Labor, Health and Human Services and Treasury released final interim rules implementing the preventive health services provisions under the Affordable Care Act (the "Act").
-
In the wake of the American economic crisis, on July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act"), which is the most significant expansion of government power over banking and markets since the Great Depression.
-
CMS's annual summer tome, the proposed Physician Fee Schedule published this year on July 13, 2010, contains a significant new proposal that if adopted would affect the physicians, hospitals outpatient departments and others that bill for drugs and biologics under Medicare Part B.
-
On July 21, the Securities and Exchange Commission adopted changes to Part II of Form ADV, commonly known as the "brochure."
-
The City of Ontario’s Computer Usage, Internet and E-mail Policy provides that use of the city’s computers and other electronic equipment, networks, etc., is limited to city-related business, that access is not confidential and “users should have no expectation of privacy or confidentiality when using these resources.”
If you are interested in submitting an article to Lexology, please
contact Andrew Teague at ateague@lexology.com.