Immigration and Customs Enforcement Agency

News & Analysis as of

Old E-Verify Data: Download it or Lose It

USCIS is giving participating employers the chance, in the final quarter of every calendar year starting now, to download for employers' storage E-Verify records older than 10 years before USCIS destroys those historical...more

I-9 and E-Verify: Knowing the Difference Makes a Big Difference for Employers

At a recent presentation on Form I-9 compliance a participant asked: “Isn’t E-Verify just an electronic replacement for the I-9 form?” This a great question and I am glad someone asked it because knowing the answer is...more

FinCEN Issues Geographic Targeting Order Focused on Money Laundering in L.A.’s Fashion District

In the latest development in a probe by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) targeting alleged money laundering activities in Los Angeles’ garment trade, the Financial Crimes...more

ICE I-9 Audit Leads to $2 Million Fine Against Hotel

When an employer becomes the subject of an enforcement audit by ICE and I-9 violations are discovered, civil fines for simple paperwork violations – even if no undocumented workers are discovered – will range from $110 to...more

OCAHO Significantly Reduces Fine After Finding No Unauthorized Employees

On June 30, 2014, the Office of the Chief Administrative Hearing Officer (OCAHO), which is responsible for review of penalties imposed by the U.S. Immigration and Customs Enforcement (ICE) for I-9 compliance violations,...more

Client Alert - The Rules of the Game Change As ICE Targets Employers

The year 2009 marked a dramatic change in Immigration and Customs Enforcement’s (ICE) workforce enforcement strategy. Up until 2008, ICE focused its enforcement efforts almost exclusively on illegal workers. For instance, ICE...more

Don’t Let Immigration Status Sabotage Your Client’s Sentence

The following is a guest blog post by Norton Tooby, who has a national law practice in Oakland, California, providing expert consultation and representation on immigration consequences of criminal convictions, post-conviction...more

Corporate and Financial Weekly Digest - Volume IX, Issue 32

In this issue: - SEC’s Office of Investor Education and Advocacy Releases Alert on Identifying Fraudulent Private Placements - ICE Futures U.S. Issues Amendments to EFRP Rule and FAQs - Consumer Financial...more

SEVP Draft Policy Guidance on Conditional Admission, the Form I-20, and English Proficiency

The Immigration and Customs Enforcement (“ICE”) Student and Exchange Visitor Program (“SEVP”) issued draft guidance clarifying issues related to the appropriate issuance of the Form I-20, "Certificate of Eligibility for...more

E-Verify Update and Improvements

E-Verify has been operational since 1997 as part of a Basic Pilot Program to assist employers to verify electronically that a newly hired employee is authorized to work in the US. A number of states have made use of E-Verify...more

Avoiding Fines by Starting the I-9 Process Early. Just Not Too Early…

As we have noted in prior posts, Immigration and Customs Enforcement (“ICE”) has been aggressively pursuing I-9 inspections and imposing record fines (about $12.5 million per year) as part of its multi-year strategic plan....more

CFTC Releases Rule Enforcement Review of ICE Futures U.S.

On July 22, the Commodity Futures Trading Commission released the Division of Market Oversight’s rule enforcement review of ICE Futures U.S. The rule enforcement review included the following recommendations...more

USCIS Branch Quietly Turning E-Verify Mistakes into DOJ, ICE Enforcement Actions

If you have been following their press releases, complaints, and settlement agreements over the past several months, the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices...more

Capital Thinking: Homeland Security

Legislative Activity Senate to Mark Up FY 2015 DHS Appropriations - The Senate Appropriations Subcommittee on Homeland Security has announced that it will mark up the FY 2015 Homeland Security Appropriations bill on...more

OCAHO Reduces I-9 Fine from $90K to $25K

The Office of the Chief Administrative Hearing Officer (OCAHO) has jurisdiction to review penalties imposed by the U.S. Immigration and Customs Enforcement (ICE) for I-9 compliance violations. In calculating the amount of the...more

DHS and White House Respond to Increase in Unaccompanied Immigrant Children at the Border

Last week, President Obama and the Department of Homeland Security (DHS) released statements on a plan to address an increase in unaccompanied immigrant children at the southwest border of the United States. The statements...more

ICE Gets Graded By Homeland Security: What does this mean for employers?

In February, 2014, the Office of the Inspector General of the Department of Homeland Security (OIG) issued a final report (Report) “grading” Immigration and Customs Enforcement (ICE)’s operations. The Report found specific...more

Expect Stricter Scrutiny of Foreign Student Enrollment and Work Authorization Programs in 2014

In light of both a recent Government Accountability Office report on the Department of Homeland Security’s (DHS) Optional Practical Training (OPT) program as well as the newly-launched Student and Exchange Visitor Program...more

Overview of U.S. Immigration Law & Procedures for Employers

In This Presentation: - Government Agencies Involved - Terms & Definitions - U.S. Citizens - Lawful Permanent Residents (Immigrants or “Green Card” Holders) - Paths to Permanent Residency -...more

Comply Or Pay The Price: Why I-9 Noncompliance May Cost You Millions

The following overview of recent immigration-related penalties should convince companies to implement and maintain a solid I-9 completion and maintenance program. At the outset, program implementation requires investments of...more

Counterfeit Certification Marks: How to Certify that the “Certified” is Certified

We have all seen or heard about them without, perhaps, knowing what they were or for what they stand: the GOOD HOUSEKEEPING seal of approval, UL certified, ENERGY STAR rated, GROWN IN IDAHO potatoes, HARRIS TWEED, and many,...more

ICE Will Agree to Reopen Removal Proceedings in Same-Sex Marriage Cases

Generally, a 90-day deadline applies to filing a Motion to Reopen Removal Proceedings after a respondent has been ordered removed. One of the exceptions to this rule allows for the filing of an untimely Motion to Reopen if it...more

Tips To Prepare Your Company For An I-9 Audit

The Immigration Customs and Enforcement division (ICE) of the Department of Homeland Security, continues to issue Form I-9 Notices of Inspection to businesses across the nation. In fiscal year 2012, ICE served over 3,000...more

10 Practical Compliance Tips For Growing Companies

Florida companies need to be aware of the high risks and possible penalties, monetary and civil, of failing to comply with the federal laws that govern the documentation of newly-hired employees....more

Recent Civil and Criminal Actions Highlight Trade Compliance as a Risk Area That Should Not Be Ignored

Recent news highlights what can happen when companies are not compliant vis-à-vis their trade compliance programs, leading to potential civil and criminal actions. Such actions can cost millions of dollars in penalties,...more

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