Immigration and Customs Enforcement Agency

News & Analysis as of

Secretary Kelly Issues Statement on Recent ICE Enforcement Actions

On February 13, 2017, Secretary John Kelly of the U.S. Department of Homeland Security, released a statement regarding the recent U.S. Immigration and Customs Enforcement (ICE) operations. ...more

Immigration Enforcement: Preparations for Employers

With the transition to the Trump administration, the future of immigration enforcement actions is a top issue for employers of non-citizen workers.  A good deal of attention has been focused on enforcement actions directed at...more

Increased Enforcement Highlights The Need For Employers To Have Immigration Compliance Programs

This past weekend the United States Immigration and Customs Enforcement (ICE) launched raids in Los Angeles, Atlanta, Chicago, New York, North Carolina, and South Carolina arresting hundreds of undocumented immigrants. While...more

Compliance News Flash - February 2017

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. 1. The President’s Executive Order (EO) on immigration remains on hold. A...more

Trump's Immigration Executive Order - Are We Back to Where We Started?

If you are confused about what is happening with President Donald Trump’s immigration Executive Order (Order), then you are not alone. PAST – What exactly is the Order? Trump signed the Order on January 27, 2017,...more

Guidance For Conducting an I-9 Self-Audit

The idea of an audit by U.S. Immigration and Customs Enforcement (“ICE”) is enough to send a chill down any organization’s spine. Audits of organizations’ Forms I-9 had been steadily increasing under the Obama administration,...more

Web Exclusive: When I-9s Lead To Oh-Nos: Failing To Complete Forms Within 3 Business Days Can Lead To Hefty Fines

A recent federal court of appeals decision provides an important reminder for you to complete I-9 forms promptly and properly retain related records in the event of a government inspection. Failure to follow the lessons...more

Update on Trump Executive Actions

On Friday, 1/27/17, Trump signed an executive order suspending admission to the United States of foreign nationals from the following countries for a period of at least 90 days...more

Daily Trumpdate: Must-See TV, LGBT Protections Here To Stay, ICE To Harden?, Best Way To Less Regulation

Must-see TV! President Trump said last night that he would be announcing at 8 p.m. EST tonight his nominee for the U.S. Supreme Court vacancy that was created by the death of Justice Antonin Scalia. You have to hand it to the...more

President Trump Signs Two Executive Orders Calling for Aggressive Enforcement of U.S. Immigration Law Along the Southern Border...

On January 25, 2017, President Donald Trump followed through on some campaign pledges and signed two Executive Orders ("EOs") on immigration, Border Security and Immigration Enforcement Improvements ("Border EO") and...more

ICE’s Other Job: Recovering and Repatriating Cultural Property

ICE, primarily known for its immigration enforcement efforts and raids, does much more than that. The Homeland Security Investigations Unit (HSI) of ICE has announced the repatriation of more than 400 Peruvian...more

The Reality Of “Sanctuary Campuses”

Throughout the course of his campaign, President-elect Donald Trump pledged to deport millions of undocumented immigrants and also eliminate the federal Deferred Action for Childhood Arrivals policy (DACA) – which allows some...more

New Version Of Form I-9, Employment Eligibility Verification, Required For Employers To Complete For All New Hires After January...

The U.S. Citizenship and Immigration Services (USCIS) recently published a new version of the Form I-9, Employment Eligibility Verification, which can be found here. Employers must start using this new version for all new...more

What Employers Can Expect from the New Administration – Part 2: Immigration, the Affordable Care Act & Social Issues

In our second in a three-part series on what to expect from the Trump administration, we discuss immigration policy and the Affordable Care Act (ACA), as well as what may be in store for parental leave, marriage equality and...more

Updated Form I-9 and USCIS fee increases

Background on Form I-9 - The Immigration Reform and Control Act (IRCA) of 1986 mandated all employers to verify the identity and employment authorization documents for all of their employees. Form I-9 is used for this...more

Immigration Law Update: The New Administration, DACA, Enforcement Priorities and Employment-Based Immigration

On January 20, 2017, President-elect Donald Trump will be inaugurated as the 45th president of the United States. Because immigration was a pivotal issue in his presidential campaign, many foreign nationals and employers are...more

Correction: Employers Could Face Scrutiny, Including From Immigration And Customs Enforcement, If They Cannot Produce Valid Social...

In a September 12, 2016 Fast Laner article, it was incorrectly stated that penalties that could be issued by the IRS for late or incorrect forms submitted pursuant to the Affordable Care Act (ACA) were capped at $1.5 million....more

Prosecution of Employers Who Hire Illegal Aliens

To manage the flow of illegal immigration the Trump Administration will have to do more that build a physical wall. It will need to enforce existing employ laws. According to the Center for Immigration Studies...more

New Form I-9 Published

The U.S. Citizenship and Immigration Services (USCIS) released the new form I-9 dated November 14, 2016. Although you may accept the prior version of the Form I-9 for the next two months, you will be required to use this new...more

Fines Increasing: Fresh Incentive for Employer Immigration Law Compliance

The U.S. Department of Justice (DOJ) has issued an interim final rule that increases significantly the monetary fines assessed against employers for violations of federal immigration law. Under the Immigration Reform and...more

I-9 Checkup: Nine Best Practices for I-9 Compliance

In today’s complicated maze of compliance requirements, most employers are aware of the need to complete a Form I-9 for every new hire. However, some employers fail to recognize the significance of the I-9 form....more

September 2016 Special Immigration Alert

I. DOS Announces 2018 Diversity Lottery - The U.S. Department of State (“DOS”) just released its instructions for the DV-2018 Diversity Visa (DV-2018) lottery. The registration period begins on Tuesday, October 4,...more

Employers Could Face Scrutiny, Including From U.S. Immigration And Customs Enforcement, If They Cannot Produce Valid Social...

In 2016, employers subject to the Affordable Care Act’s (ACA) annual information reporting requirements under Code Sections 6055 and 6056 were required, for the first time, to distribute Form 1095-C reports to their full-time...more

Immigration Law Violations Occurring After November 2, 2015 Carry Heavier Penalties

Effective August 1, 2016 the Department of Justice is assessing higher penalties for employers that violate immigration laws. These penalties cover violations that occurred after November 2, 2015. Specifically, the DOJ’s...more

Fifth Circuit Overturns $226,000 Fine Imposed on a Staffing Company for Completing Section 2 of Form I-9 Remotely

The Department of Homeland Security (DHS) takes the position that employers must physically review original documents in the actual presence of a new hire when completing the attestation in Section 2 of the Form I-9 (the...more

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