President Trump’s promise to carry out the largest deportation of undocumented individuals while simultaneously limiting the immigration of foreign workers is causing unique concerns in the hospitality industry. From resorts...more
In the spring of 2019, the Social Security Administration (SSA) renewed its practice of sending employment eligibility correction request notices (known as “no-match letters”) to employers. The SSA had discontinued the...more
10/31/2019
/ Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Internal Audit Functions ,
No-Match Letters ,
Risk Management ,
Social Security Administration (SSA) ,
Social Security Numbers ,
W-2
U.S. Immigration and Customs Enforcement’s former acting Director, Thomas Homan, indicated last fall that he wanted to quadruple worksite enforcement, and ICE is on track to do so. ICE recently announced it performed 3,510...more
5/21/2018
/ Business Interruption ,
Deportation ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Enforcement Actions ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Raids ,
Trump Administration ,
Undocumented Immigrants
On March 6, 2018, the U.S. Department of Justice filed a lawsuit challenging California’s Immigrant Worker Protection Act (Assembly Bill 450), among other laws designed to limit the extent state law enforcement and prisons...more
3/13/2018
/ Department of Labor (DOL) ,
Deportation ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Federal v State Law Application ,
Form I-9 ,
Immigrant Protection Laws ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Injunctive Relief ,
New Legislation ,
Sanctuary Cities ,
State and Local Government ,
Supremacy Clause ,
Trump Administration ,
Worker Protection Standard ,
Workplace Investigations
Increased immigration enforcement and a reduction in illegal entry into the United States remain among the Trump administration's highest priorities. Notably, Acting ICE Director Thomas Homan has reportedly ordered Homeland...more
11/9/2017
/ Audits ,
Business Interruption ,
Deportation ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Form I-9 ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Raids ,
Trump Administration ,
Undocumented Immigrants
As a reminder, on July 17, 2017, the United States Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, Employment Eligibility Verification, which employers must begin using no later than...more
The U.S. Citizenship and Immigration Services (USCIS) rolled out a new Form I-9 in November 2016. Starting January 22, 2017, all employers must use the new Form I-9, which is dated November 14, 2016 (the edition date is on...more
1/18/2017
/ Electronic Filing ,
Eligibility ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Required Forms ,
U.S. Customs ,
USCIS ,
Verification Requirements ,
Visas
On the first day of its new term, the United States Supreme Court sidestepped another opportunity to determine the constitutionality of President Obama’s executive immigration reforms. On October 3, 2016, the Court denied...more
10/5/2016
/ DACA ,
DAPA ,
Executive Orders ,
Form I-9 ,
Immigrants ,
Immigration Reform ,
Injunctions ,
Obama Administration ,
SCOTUS ,
US v Texas ,
Verification Requirements
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
8/15/2016
/ Corporate Counsel ,
Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Form I-9 ,
Hiring & Firing ,
Immigration ,
Immigration and Customs Enforcement (ICE) ,
Immigration and Nationality Act ,
OCAHO ,
Popular ,
Staffing Agencies
The U.S. Office of the Chief Administrative Hearing Officer (OCAHO) recently published Gonzalez-Hernandez v. Arizona Family Health Partnership, an interesting decision that illustrates the conflict between state laws and the...more