The U.S. Department of Homeland Security’s Immigration Customs and Enforcement (ICE) continues to issue Form I-9 Notices of Inspection to businesses across the nation. In fiscal year 2012, ICE served 3,004 Notices of...more
In USA v. Siwan & Sons, Inc. (May 3, 2013) the Office of the Chief Administrative Hearing Officer (“OCAHO”) decided to reduces fines imposed by the Immigration and Customs Enforcement (“ICE”) agency on a rather small employer...more
Another recent I-9 case shows how the preference for small employers works in the OCAHO (Office of Chief Administrative Hearing Officer) context*. ...more
In a recent decision*, OCAHO (Office of the Chief Administrative Hearing Officer) rejected the argument that ICE has too much discretion in determining what is a “technical” violation (which can be corrected with no fine) and...more
Just last month, the Worksite Investigation Enforcement Unit of the Immigration & Customs Enforcement (“ICE”) division of the Department of Homeland Security announced a change in policy regarding the use of electronic...more
New versions of several key immigration forms have been released in 2013. Among these new forms are the G-28, Notice of Entry of Appearance as Attorney or Accredited Representative; the I-9, Employment Eligibility...more
A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media. In This Issue: - What's the Matter With Zynga? - Video game maker drops gun makers, not their guns -...more
U.S. Citizenship and Immigration Services (USCIS) recently released the revised Employment Eligibility Verification Form I-9, which employers are required to use to verify the identity and employment authorization of newly...more
Every employer is required to verify the identity and employment eligibility of a new employee within three days of the date of hire. To comply with this obligation, an employer must review acceptable documents that establish...more
It has now been more than two months since the National Immigrant Justice Center (“NIJC”) filed a lawsuit against officials of U.S. Immigration and Customs Enforcement (“ICE”) and Jefferson County, Illinois relating to the...more
On Monday of this week, U.S. District Court Judge Reed O’Connor held a hearing on a Complaint filed by U.S. Customs and Immigration Enforcement (“ICE”) agents who are challenging the federal “deferred action” program...more
In this issue: - SEC and CFTC Adopt Joint Rules to Help Protect Investors from Identity Theft - CME Block Trade Advisories Clarify Nonpublic Information Restrictions - CFTC Staff Issues No-Action...more
On February 20, 2013, U.S. Immigration and Customs Enforcement (“ICE”), CBP, and the U.S. Attorney’s Office for the Northern District of Illinois jointly announced federal criminal charges against five individuals and two...more
On March 1, 2013, the Budget Control Act, including sections mandating across-the-board budget cuts to federal agencies (known as “sequestration”), went into effect. The sequester is likely to negatively impact immigration...more
According to the Department of State, sequestration will likely reduce the number of officers processing visa applications, which will negatively impact wait times at U.S. consulates....more
As the result of uncertainty about the agency's budget, U.S. Immigration & Customs Enforcement (“ICE”) announced that it will release hundreds of undocumented immigrants from detention centers across the country. Broad...more
Disputes between employers and U.S. Immigration and Customs Enforcement (ICE) are heard by the U.S. Department of Justice’s Office of the Chief Administrative Hearing Officer (OCAHO), which rules on issues arising under the...more
Documents produced by Immigration Customs & Enforcement (ICE) obtained by ACLU of North Carolina prove what has long been claimed: ICE has deportation quotas and, when not meeting them, has been directed to channel all...more
An employer's ignorance of the Form I-9 verification process is not a valid excuse for noncompliance. However, certain factors can help mitigate the penalties. In the matter of United States of America v. La Hacienda Mexican...more
A new version of the Student and Exchange Visitor Information System (SEVIS) is scheduled to release this spring. The Student and Exchange Visitor Program (SEVP), a faction of U.S. Immigration and Customs Enforcement (ICE),...more
The City of Chicago Safe Families Ordinance prohibits police and other law enforcement officials from detaining undocumented immigrants unless they are wanted on a criminal warrant or have been convicted of a serious crime....more
In This Issue: - New Health Care Mandates - I-9's for Immigration in 2013 - A Policies and Procedures Review - Classifying Employees as Exempt or Non-Exempt? - Awareness of National Labor Relations Board...more
In this edition of the newsletter, you will read about the Department of Homeland Security’s (DHS) recent publication of its Final Rule to support family unity during waiver process; and U.S. Citizenship and Immigration...more
Originally published in the 2012 Edition of Inside the Minds published by Aspatore/Thomson West. Introduction - This chapter discusses the current immigration enforcement climate for US employers, which involves a...more
Soon after the launch of the federal “deferred action” program, which suspended immigration enforcement actions against qualifying individuals who came to the U.S. as children, the White House, the Department of Homeland...more
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