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
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
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
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
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
As a result of investigations and audits conducted by the United States Immigration and Customs Enforcement's (ICE) Department of Homeland Security Investigations (HSI), several Massachusetts employers were fined a total of...more
Give your company the gift of an immigration audit this year – it may just keep your company off the government’s naughty list. Here are the top 12 immigration mistakes employers made in 2012...more
In recent weeks, employers nationwide have been ordered by Immigration and Customs Enforcement (ICE) to submit their I-9 employment eligibility forms and other documents for inspection. In the last week of May, a new round of...more
Kathleen Campbell Walker assesses the state of affairs of immigration law and delivers a prognosis for employers: with increased litigation a looming threat for those with poor corporate immigration compliance practices,...more
In the ten years post the September 11 acts of terror against the United States (U.S.) and the more recent economic downturn in the U.S., the issue of immigration reform has been basically an anathema to the public and our...more
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