News & Analysis as of

Undocumented Immigrants Immigration Reform and Control Act (IRCA)

Tarter Krinsky & Drogin LLP

Use Of E-Verify To Become Mandatory In Florida On July 1, 2023

On May 10, 2023, Florida Governor Ron DeSantis signed Senate Bill 1718, which significantly impacts employers with operations in Florida. All U.S. employers, public and private, with over 25 employees in Florida must properly...more

Mitratech Holdings, Inc

What Happens During an ICE Audit?

Here’s what to expect following a Notice of Inspection (NOI). Since the Immigration Reform and Control Act (IRCA) was passed in 1986, employers in the United States have been required to verify candidates’ employment...more

Holland & Hart - Employers' Lawyers

What Employers Should Know About Using E-Verify

When it began in 1996, the E-Verify program initially was available in only five states. Currently, more than 520,000 employers nationwide use the program, with almost 44,000 of those being federal contractors. Because...more

Polsinelli

SCOTUS Opens Door for State Criminal Prosecutions Using I-9 Information

Polsinelli on

Earlier this month, the United States Supreme Court issued an opinion enabling state prosecutors to use information found in federal I-9 documents when prosecuting unauthorized immigrants for identity theft....more

Woods Rogers

Virginia’s Workers’ Compensation And Undocumented Workers: Are Employers Liable For Paying Benefits?

Woods Rogers on

Undocumented workers in Virginia are entitled to workers’ compensation benefits but not to the same extent as workers who are legally eligible to work in the United States. This concept is commonly misunderstood by workers,...more

Holland & Hart - Employers' Lawyers

Federal Immigration Investigations Increase Dramatically

Given an increase in federal investigations, employers in industries paying hourly wages should prepare now for I-9 audits and investigations to ensure compliance with federal immigration laws. Recent raids on seven...more

Arnall Golden Gregory LLP

Oregon Law Requires Employees be Notified of ICE Worksite Enforcement Actions

Oregon joins California in requiring employers notify employees of any government investigation into a company’s Form I-9 practices.  What triggers such a government investigation? ...more

Miles & Stockbridge P.C.

Verify, Re-Verify, But Don’t Over-Verify: I-9 Compliance During an Era of Increased Enforcement

HSI Increases I-9 Audits to Target Unauthorized Employment - In October 2017, U.S. Immigration and Customs Enforcement (“ICE”), a division of the Department of Homeland Security, pledged to increase workplace enforcement...more

Burr & Forman

Summer 2018: ICE I-9 Audit Surge

Burr & Forman on

Immigration and Customs Enforcement (ICE) is planning a nationwide increase of Form I-9 audits this summer, and employers should prepare for the increased possibility of a government audit. ICE is the federal agency...more

Foster Garvey PC

2018 Worksite Enforcement Investigations by U.S. Immigration & Customs Enforcement Already Double 2017 Total

Foster Garvey PC on

With more than four (4) months left in the federal government's 2018 fiscal year, U.S. Immigration & Customs Enforcement (ICE) this week reported it had already doubled the number of audits that it conducted during the entire...more

Seyfarth Shaw LLP

Targeted ICE Investigations ~ in it for the Long Haul with Record $95 Million Plea Deal for I-9 Violations

Seyfarth Shaw LLP on

Following a six year investigation, the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) unit issued a statement confirming a guilty plea on September 28, 2017 by Asplundh Tree Experts,...more

Seyfarth Shaw LLP

Targeted ICE Investigations - in it for the Long Haul with Record $95 Million Plea Deal for I-9 Violations

Seyfarth Shaw LLP on

Seyfarth Synopsis: With a record $95 million plea deal for I-9 immigration violations following a six year investigation, the outcome for a Pennsylvania company with operations nationwide serves as a reminder of the federal...more

Morrison & Foerster LLP

Employment Law Commentary - Volume 29, Issue 3

The Don(ald) of a New Era: Are Workplace Immigration Raids on the Horizon? The Place: A car wash in Los Angeles The Time: The 1970s The Scene: A busy afternoon at the car wash. Immigration agents burst onto the...more

Mintz - Immigration Viewpoints

Immigration-Related Documents and Information Not Discoverable in Wage and Hour Lawsuit

A New York federal court recently said that the plaintiff-employees involved in a wage and hour lawsuit are not required to produce their immigration documents and information. The case is important because it limits an...more

Mintz - Employment, Labor & Benefits...

Immigration-Related Documents and Information Not Discoverable in Wage and Hour Lawsuit

A New York federal court recently said that the plaintiff-employees involved in a wage and hour lawsuit are not required to produce their immigration documents and information. The case is important because it limits an...more

FordHarrison

Can Federal Immigration Law And AB 60 Be Reconciled?

FordHarrison on

On Jan. 1, 2015, the California Department of Motor Vehicles began accepting applications for the new A.B. 60 driver's license, named after the California legislative enactment that amended the state Vehicle Code to permit...more

Fisher Phillips

California Supreme Court: "Illegal Immigrant Shouldn't Have Been Hired – But Can't Be Fired Illegally"

Fisher Phillips on

On June 26, 2014, the California Supreme Court decided that an employee may proceed with a discrimination lawsuit even though he presented false work authorization documents to obtain employment in the first place....more

Littler

Illegal Workers Can Recover Lost Wages for Texas Tort Claims

Littler on

A recent decision from the Fifth District Court of Appeals in Dallas held that federal immigration laws do not preclude illegal workers from recovering damages, including lost wages, for Texas tort claims. ...more

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