On December 2, U.S. Immigration and Custom Enforcement's (ICE) Homeland Security Investigations announced in a press release that 706 domain names set up to “dupe” consumers into buying counterfeit goods had been seized by...more
An important issue for many employers that use electronic I-9 systems is the pre-population of employee information in Section 1 of the I-9 form by electronic I-9 programs. Form I-9, Employment Eligibility Verification, is...more
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...more
When someone who’s not a U.S. citizen is accused of a crime, that person’s immigration status is in jeopardy. A noncitizen can be removed from the United States by deportation or denied entry by inadmissibility....more
The Patient Protection and Affordable Care Act (ACA), and the Social Security Act (SSA) require that individuals seeking coverage under a qualified health plan offered on a Health Insurance Marketplace or through an insurance...more
The ripples of the U.S. government shutdown that began on Tuesday are being felt all across the country. Fortunately, because immigration agencies are largely self-funded and because of the national security issues involved,...more
The estimated number of illegal immigrants in the United States exceeded 11 million as of 2011, and many reports state that number has grown since then. Tying numbers to economic conditions, more recent studies report that...more
In our view, yes. But in the federal government world, only parts of the immigration process are considered “essential” enough to proceed despite the lack of an approved budget. Even so, many immigration services continue to...more
The unthinkable is happening, a U.S. government shutdown. What is the impact of this on immigration matters?
The United States Passport Office will stop processing U.S. passport and passport card...more
In August 2013, the Congressional Research Service (CRS) published its Report for Members and Committees of Congress regarding Immigration-Related Worksite Enforcement performance measures. This report, which is based on data...more
A Washington drywall company recently learned the hard way that a partially completed I-9 form is insufficient to avoid costly penalties. The company was fined over $280,000 by the Department of Homeland Security’s...more
August has been a busy, productive month for immigration reform advocates. From the 50th anniversary of Dr. King’s historic March on Washington, to Women’s Equality Day in Seattle, to town halls across the country, a broad...more
On August 23, 2013, the Immigration and Customs Enforcement (ICE) issued a Directive providing for the facilitation of parental interests in the course of civil immigration enforcement activities....more
Three swap data repositories, or SDRs, have announced procedures to make filings for the swap end-user exception. Apparently you file with the SDR that the swap is reported to.
The three SDRs are...more
In a recent unexpected and complete reversal of previous guidance, senior U.S. Immigration and Customs Enforcement (ICE) officials with responsibility for Form I-9 enforcement informed members of the American Immigration...more
Does marriage fraud happen in the marriage, or at the wedding?...more
A “detainer request” is a request from Immigration and Customs Enforcement (ICE) asking local authorities to hold an arrestee for up to 48 hours so that ICE can determine the arrestee’s immigration status. In Miami-Dade and...more
The time audit your I-9 practices is now.
OK, we’ll let you finish your summer vacation. But right after that, you really need to dig into the I-9 rules and make sure that your company is in compliance....more
In a recent decision of the Office of the Chief Administrative Hearing Officer (OCAHO), Anodizing Industries, Inc., a metal-finishing factory in Los Angeles, California was fined $15,600 for failure to timely prepare I-9...more
Our new infographic dramatically shows the disconcerting enforcement trends facing employers throughout the US. Over the last several years, US government agencies have significantly stepped up enforcement efforts against...more
As a result of arrests made by the Immigration and Customs Enforcement's (ICE) Homeland Security Investigation (HSI), 7-Eleven franchisee owners and managers may face 20 years in prison for conspiring to commit wire fraud,...more
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*.
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