In October 2008, a Houston waste collection company was fined $3 million by Immigration & Customs Enforcement (ICE) in connection with an ICE investigation involving undocumented workers. However, the U.S. government agreed not to criminally prosecute the company provided that the company adhere to an immigration compliance policy. ICE noted with approval the steps being taken by the company to ensure compliance, which included internal audits, consultation with immigration counsel, providing formal training, and appointing a compliance officer. These steps closely follow the recommendations set forth in the U.S. Sentencing Guidelines and the “McNulty Memorandum” issued by the U.S. Attorney’s Office for avoiding indictment and mitigating sentencing. Vedder Price routinely prepares Immigration Compliance Policies for its clients that follow these recommendations. Please contact your Vedder Price attorney to update or implement your company’s Immigration Compliance Policy.