I-9, E-Verify and Employer Immigration Compliance Blog

Teaching Hospital Fined Under IRCA Discrimination Rules

2012-01-08T21:22:00.000-08:00

Today, the Department of Justice announced another “6-figure” anti-discrimination settlement agreement – this one with the University of California San Diego Medical Center – to resolve allegations that the hospital failed to comply with proper I-9 procedures for non-citizens who are authorized to work in the United States. As described in my earlier blog post in December, the Department of Justice (DOJ) filed suit against UCSD Medical for an alleged pattern or practice of requesting excessive I-9 documentation. Under the terms of the settlement announced today, UCSD Medical has agreed to pay a civil penalty of $115,000, one of the higher civil penalties we’ve seen to date. In addition, UCSD has agreed to conduct supplemental training of its human resources personnel on their responsibilities to avoid discrimination in the employment eligibility verification process and work with the DOJ to ensure compliance with proper Form I-9 processes across all University of California campuses, medical centers and facilities.

DOJ Announces Another IRCA Discrimination Settlement

2011-12-30T14:38:00.000-08:00

This time it's with a Georgia company. Here's the announcement:

The Justice Department announced a settlement today with Garland Sales Inc., a Georgia rug manufacturer, resolving allegations that it engaged in discrimination by imposing unnecessary documentary requirements on individuals of Hispanic origin when establishing their eligibility to work in the United States, and that it retaliated against a worker for protesting his discriminatory treatment. According to the settlement, Garland has agreed to pay $10,000 in back pay and civil penalties, and to undergo training on proper employment eligibility verification practices.

In its complaint, the department alleged that the charging party, a naturalized U.S. citizen of Hispanic descent, applied for a job with Garland in May 2009. At the time of hire, he presented his unexpired driver’s license and an unrestricted Social Security card—a combination of documents sufficient to prove his identity and his authorization to work in the United States. The complaint alleged that Garland demanded that the he provide his “green card,” even though U.S. citizens do not have green cards. After Garland made further requests for documents, the worker objected to the company’s demands, and Garland then rescinded the job offer. The worker, along with another individual who was denied employment with Garland when the company rejected the individual’s valid documentation, will receive full back pay out of the $10,000 settlement.

The department’s complaint also alleged that Garland required newly hired non-U.S. citizens and foreign-born U.S. citizens to present specific and additional work authorization documents beyond those required by federal law. The Immigration and Nationality Act (INA) requires employers to treat all authorized workers in the same manner during the hiring process, regardless of their national origin or citizenship status.

Justice Department Reaches Settlement in Discrimination Case with Virginia Ship Repair Company

2011-12-29T20:00:00.000-08:00

From the Justice Department:

The Justice Department announced today that it reached a settlement with BAE Systems Ship Repair Inc., a leading provider of ship repair services, to settle allegations that its subsidiary, BAE Systems Southeast Shipyards Alabama LLC, engaged in a pattern or practice of discrimination by imposing unnecessary and additional documentary requirements on work-authorized non-U.S. citizens when establishing their eligibility to work in the United States.

The department alleges, based on an extensive investigation, that since at least Jan. 1, 2009, BAE Southeast Alabama imposed different and greater requirements in the Form I-9 employment eligibility verification process on lawful permanent residents as compared to U.S. citizen employees by requiring all newly hired lawful permanent residents to present Permanent Resident Cards, commonly known as “green cards,” as a condition of employment. The investigation was initiated after BAE Southeast Alabama suspended a lawful permanent resident even though he had presented valid documents sufficient under the Immigration and Nationality Act (INA) to establish his work authorization on three separate occasions. The INA requires employers to treat all authorized workers in the same manner during the employment eligibility verification process, regardless of their national origin or citizenship status.

“Employers may not treat authorized workers differently during the employment eligibility verification process based on their citizenship status,” said Thomas E. Perez, Assistant Attorney General in charge of the Civil Rights Division. “Federal law prohibits discrimination in the employment eligibility verification process, and the Justice Department is committed to enforcing the law.”

According to the settlement agreement, BAE agreed to ensure that the employment eligibility verification policies and procedures of all its subsidiaries comply with the law, to train its human resources personnel about employers’ responsibilities to avoid discrimination in the employment eligibility verification process, and to produce Forms I-9 for inspection for three years. BAE also agreed to pay $53,900 to the United States. The lawful permanent resident who was suspended was previously reinstated and fully compensated by BAE.

San Diego Bakery Fined $400K for

2011-12-23T12:34:00.000-08:00

From the AP:

A judge fined the owner of a popular restaurant and bakery nearly $400,000 Thursday for employing illegal immigrants in a rare case of federal prosecutors charging an employer with illegal hiring.

Michel Malecot, 59, was spared prison time and his fines and penalties were below the $650,000 sought by federal prosecutors.

Malecot, a naturalized U.S. citizen from France and a major donor to local charities, appeared to hire illegal immigrants at The French Gourmet out of compassion rather than to take advantage of them, said U.S. District Judge Thomas Whelan, who also ordered five years of probation.

The case has drawn attention from restaurant owners because criminal prosecutions of employers are fairly rare. Federal prosecutors face high burdens of proof to show that employers knowing hired illegal immigrants.

How ICE Fines are Calculated

2011-11-17T04:12:00.000-08:00

My friend Bruce Buchanan does a great job showing how ICE and OCAHO calculate fines in the wake of an ICE I-9 audit. The article appears at Tracker's I-9 blog.

ICE Issues New Round of I-9 Audit Notices

2011-11-09T03:56:00.000-08:00

From Immigration Tracker:

“U.S. Immigration and Customs Enforcement (ICE) issued Notices of Inspection (NOIs) to various employers on Friday, Nov. 4. These inspections are designed to determine whether or not the businesses are violating U.S. employment laws by hiring unauthorized workers. The names and locations of the businesses will not be released at this time due to the ongoing nature of the inspections,” according to a statement released by the ICE public affairs department today.

No word yet on the numbers or industries affected.

Owners of Luxury Utah Hotel Fire Workers After I-9 Audit

2011-09-04T15:14:00.000-07:00

From the Salt Lake Tribune.

E-Verify for State Contractors Returns in Minnesota

2011-08-27T15:31:00.000-07:00

From Tracker's I-9 and E-Verify Blog:

The growing patchwork of E-Verify laws at the state level continues. Beginning immediately, the state of Minnesota is again requiring E-Verify for its large contractors. After Gov. Mark Dayton dropped the previous E-Verify requirement in April, the mandatory work eligibility check quietly came back as a provision of the state’s final budget deal, approved last month. Please visit the Minnesota Public Radio website to read the full story.
Already in effect, this new law applies only to private businesses providing more than $50,000 worth of services to the state. These companies must enroll in E-Verify and check the work status of new hires.

The E-Verify mandate does not extend to new state employees, which is curious since under the previous E-Verify law state agencies were required to E-Verify all new hires.

DOJ Settles with Farmland Foods Over I-9 Discrimination Allegations

2011-08-22T12:49:00.000-07:00

The Justice Department announced another settlement relating to overdocumenting in I-9 cases:

The Justice Department today reached a settlement with Farmland Foods Inc., a major producer of pork products in the United States, resolving allegations that it engaged in a pattern or practice of discrimination by imposing unnecessary and excessive documentary requirements on non-U.S. citizens and foreign-born U.S. citizens when establishing their authority to work in the United States. Farmland Foods, a subsidiary of Smithfield Foods Inc., is headquartered in Kansas City, Mo. The settlement resolves the lawsuit between the United States and Farmland filed in June 2011.

The lawsuit, initiated by the Civil Rights Division’s Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC), was based on an OSC investigation revealing that Farmland required all newly hired non-U.S. citizens and some foreign-born U.S. citizens at its Monmouth, Illinois plant to present specific and, in many cases, extra work-authorization documents beyond those required by federal law. In the case of non-U.S. citizens, Farmland required the presentation of a specific work-authorization document issued by the Department of Homeland Security, such as a permanent resident card or an employment authorization document, rather than allowing the employee to choose which document(s) to present from the list of acceptable documents on the Employment Eligibility Verification Form I-9. Farmland also required additional work authorization documents, generally by requiring social security cards, even when employees had already produced other documents establishing work authority. In the case of foreign-born naturalized U.S. citizens, Farmland sometimes required evidence of citizenship, such as certificates of naturalization or U.S. passports, even when those individuals had other means of proving their work authority. Farmland’s demand for specific or excessive documents to establish work authority violated the anti-discrimination provision of the Immigration and Nationality Act (INA).

In addition to ending its impermissible document requests and modifying its employment eligibility verification process, Farmland has agreed to pay $290,400 in civil penalties, the highest civil penalty paid through settlement since enactment of the INA’s anti-discrimination provision in 1986. Farmland also agreed to monitoring and reporting provisions, as well as training for their human resources personnel.

“The Justice Department is committed to protecting the right of all work-authorized employees, regardless of their citizenship or immigration status, to work without having to overcome extra and discriminatory hurdles during the hiring process,” said Thomas E. Perez, the Assistant Attorney General in charge of the Civil Rights Division. “We are pleased to have reached this agreement, and we will continue to rely upon both public education and focused enforcement to prevent and deter employers from engaging in discriminatory I-9 practices. ”

Louisiana Company Fined for I-9 Discrimination

2011-07-28T06:14:00.000-07:00

From the Justice Department:

The Justice Department today reached a settlement with Brand Energy and Industrial Services and its subsidiary, Industrial Services LLC (ISI), resolving allegations that ISI, which provides craft services to industry, engaged in a pattern or practice of discrimination against non-citizens in the hiring and employment eligibility verification process.

The department’s investigation was prompted after a work-authorized immigrant lost his job when he could not comply with ISI’s request to provide specific employment documentation beyond what was required by law. Further investigation revealed that ISI’s Prairieville, La., office required all newly hired non-U.S. citizens to present documents issued by the Department of Homeland Security upon hire. The company did not require U.S. citizens to present any particular documents. Under the Immigration and Nationality Act’s (INA’s) anti-discrimination provision, employers are not allowed to discriminate against work-authorized employees during the hiring and employment eligibility verification process.

In addition to ending its impermissible document requests, ISI has agreed to pay $43,560 in civil penalties and $7,200 in back pay, plus interest, to the injured party.

Brand and ISI have also agreed to monitoring provisions, as well as training for their human resources personnel.

Costco Joining IMAGE Program

2011-07-28T05:44:00.000-07:00

This is one of the highest profile new members yet for the new IMAGE compliance program.

ICE Announces Fines in New England I-9 Audits

2011-07-21T11:49:00.000-07:00

From ICE:

Following an investigation and audit of Form I-9 documents by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), 14 New England employers have been fined this fiscal year for various violations that enabled companies to hire illegal aliens. The inspection of the employers' documents are part of ICE's worksite enforcement strategy, launched in 2009 to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce, by focusing its resources on the auditing and investigation of employers suspected of cultivating illegal workplaces by hiring workers who are later determined to be employed illegally.
Fines in the New England region include:

Jasper Wyman & Son, a company in Milbridge, Maine, accounted for $118,000 of the fine settlements;
Commercial Cleaning Service of Allston, Mass., was ordered to pay a $100,000 fine; and
D'Agostino Associates, Inc., Newton, Mass., was fined $22,792.

Mexican Restaurant Owner Sentenced Undering Harboring Rules

2011-07-15T09:04:00.000-07:00

The owner of a chain of Mexican restaurants is sentenced to 46 months in prison under federal alien harboring rules.

Louisiana Steps Off Anti-Immigration Plank

2011-07-07T11:36:00.001-07:00

Louisiana's GOP Governor Bobby Jindal has just signed two immigration laws, one of which is probably unconstitutional.

HB 342 requires all contractors seeking to do business with the state use E-Verify. That's something we've been seeing in other states and is likely constitutional under the Whiting Supreme Court case. HB 646 allows the state to fine employers hiring unauthorized workers. The use of E-Verify would be a defense. The problem with this law is that the only sanction states can make on employers is the suspension or revocation of a business license. Fines are not allowed under IRCA. So get ready to pay, Louisiana taxpayers, for a lawsuit is in your future.

North Carolina Latest State to Mandate E-Verify Use

2011-06-25T09:32:00.000-07:00

North Carolina is the latest state to mandate E-Verify for most of the state's employers. The mandate takes effect for large employers (500+) on October 1, 2012. Employers of 100 to 500 start on January 1, 2013. Employers with 25 to 100 start on July 1, 2013. State and county agencies must start using the system right away.

USCIS LAUNCHES I-9 PORTAL

2011-05-13T11:29:00.000-07:00

USCIS has launched I-9 Central, a web page with a helpful collection of resources to help employers comply with IRCA.

2011-05-05T09:35:00.000-07:00

These are articles written by my friend Gary Endelman which are carried on LawLogix's web site. Very helpful insight.

Through the Looking Glass: I-9 Compliance from In-House Counsel Perspective

Can you improve your I-9 “IMAGE”?

To Copy or Not to Copy: Is that the Question?

ICE PROBE OF CHIPOTLE EXPANDS

2011-05-05T07:53:00.000-07:00

Reuters is reporting that two dozen restaurants in Los Angeles, Atlanta and elsewhere were visited by ICE agents. That is an expansion from the investigation of restaurants in Minnesota and Virginia. To date, about 500 workers have been fired as a result of the investigations.

WENDY'S RESTAURANTS IN MAINE SETTLE DISCRIMINATION CASE

2011-05-02T13:14:00.000-07:00

Restwend, the company that owns Wendy's restaurant franchises in Maine, has settled an IRCA discrimination claim based on allegations that the company refused to hire people it believed to be non-US citizens. The company will pay $14,500 in back pay to a worker and another $3200 in civil penalties.

RESTAURANT SHUT DOWN UNDER SOUTH CAROLINA LAW

2011-04-29T19:01:00.000-07:00

South Carolina has audited nearly 6,000 businesses in the state under its new immigration enforcement law and it has now issued its first suspension of a business license. The Monterey Mexican Restaurant in Richland will be shut down for ten days based on a finding of "repeated violations."

GEORGIA SENATE STRIPS OUT E-VERIFY PROVISIONS

2011-04-13T09:30:00.001-07:00

Still waiting on specifics, but the Georgia Senate has apparently removed some of the most onerous E-Verify provisions from the immigration bill it is considering.

SOCIAL SECURITY NO MATCH LETTERS RETURN

2011-04-12T15:09:00.000-07:00

The American Immigration Lawyers Association is reporting that the Social Security Administration has resumed sending "no match" letters that tell employers that employees social security numbers do not match the number in the SSA database. There are a few differences from past no-match letters. First, language warning employers that failing to act on a no-match letter can be considered as constructive knowledge of an employee working without authorization is no longer included. Also, letters will list only one employee in each letter rather than multiple workers.

The letters remind employers that they should not take adverse action against a worker strictly on the basis of a no-match letter. SSA is advising employers to first check their records and if the problem is not with the employer, then the employer should instruct the employee to contact SSA. The notice states that it can take two months or longer to get a new or replacement Social Security card.

If an employer is unable to resolve the issue because the employee leaves the employer or is unable to provide a new card, the employer should document its efforts and keep the documentation for four years. The Department of Justice's Office of Special Counsel is advising employers not to terminate unless a "reasonable period of time" has passed for the worker to resolve the problem. What is "reasonable" is not defined though AILA notes that E-Verify problem resolutions can be continued for up to 120 days.

MN GOVERNOR ENDS E-VERIFY MANDATE FOR STATE EMPLOYERS AND CONTRACTORS

2011-04-05T16:03:00.000-07:00

A 2008 executive order from then Governor Tim Pawlenty has been revoked by Minnesota Governor Mark Dayton. Under the order, state agencies and contractors with contracts worth more than $50,000 had to run new employee names through E-Verify.

ICE GOING AFTER CALIFORNIA NURSERY WORKERS

2011-03-30T13:46:00.000-07:00

Well, if ICE wants to focus on agriculture, they can effectively shut that whole industry down. That would really serve our national interests.

PHOENIX PEI WEI RESTAURANTS CLOSE AFTER I-9 AUDIT

2011-03-26T14:00:00.000-07:00

An I-9 audit that showed a number of undocumented immigrants working at Phoenix Pei Wei restaurants led to the closure of four of the restaurants. Two have recently reopened, but the other two cannot reopen until the restaurant chain can hire enough employees.

E-VERIFY SELF CHECK GOES LIVE TODAY

2011-03-21T06:59:00.000-07:00

The folks at Tracker I-9 explain how it is supposed to work:

A free E-Verify Self-Check feature that allows individuals over the age of 16 to confirm the accuracy of their U.S. employment eligibility will go live on March 21, 2011 in selected states. The E-Verify Self-Check (Self-Check) phase one roll-out will be available to individuals who currently maintain residency in Arizona, Colorado, Idaho, Mississippi and Virginia, or the District of Columbia. As initial testing and system improvements are made, it is expected that USCIS will expand Self-Check to other states, and eventually be available nationwide.

If the new feature works as expected, individuals will be able to use Self-Check in much the same way as employers use E-Verify, except that individuals will need to take extra steps to verify their own identity. After entering certain biographical information, an independent third party service is used to complete the identity verification process, and if successful, the user is redirected to Self Check to enter additional information in order to complete the employment eligibility check. Self Check will then return one of three results: Work Authorization Confirmed, Possible Mismatch with SSA, or Possible Mismatch with Immigration Information.

If any mismatches are found between the information provided to Self-Check and the governments records, the system will provide instructions on how resolve the issue.
Employers are warned not to use Self-Check to pre-screen the employment eligibility of new hires. If an employer or potential employer asks to see a Self-Check query to prove work authorization, individuals are instructed to notify the Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices at 800-255-7688. Also, a positive Self-Check result does not guarantee that individuals will pass through E-Verify without issue at a later date.

BAKERY FIRES 200 AFTER I-9 AUDIT

2011-03-09T12:36:00.000-08:00

A San Antonio bakery has fired 200 out of its 500 employees after receiving results of a 2010 I-9 audit.

CHIPOTLE WORKERS QUIT IN ANTICIPATION OF I-9 AUDIT

2011-03-08T13:08:00.000-08:00

ICE has announced it's now auditing Chipotle restaurants in the Washington, DC area after a massive audit of the restaurant's Minnesota restaurants that led to hundreds of workers leaving the company. The company has told Reuters that some workers have quit ahead of the audit, though the number is limited, according to company officials.

MISSISSIPPI FIRM NOW FACING CIVIL SUIT

2011-03-02T07:19:00.000-08:00

Howard Industries, the Laurel, Mississippi company that recently paid a multimillion dollar fine for I-9 violations is now facing a civil discrimination lawsuit in connection with the hiring of undocumented workers. From the AP:

A discrimination lawsuit filed Friday in U.S. District Court on behalf of four black women claims the company gave preferential treatment to Latino applicants and workers, many of whom were illegal immigrants from Mexico. The lawsuit, which represents only one side of a legal argument, seeks class-action status.
Immigration agents detained nearly 600 illegal immigrants at Howard Industries' electrical transformer plant in Laurel in 2008. It was the largest such raid in U.S. history. The company pleaded guilty last week to conspiracy to violate immigration laws and was fined $2.5 million.
A woman who answered the phone Monday at Howard Industries declined to give her name and said the company had no comment on the lawsuit.
The lawsuit claims that one of the plaintiffs, Charlyn Dozier, applied for a job with Howard Industries every three to six months beginning in 2002, but wasn't offered a position until after the 2008 raid.

FAY ARTICLE EXPLAINS I-9 FINE CALCULATIONS

2011-03-01T05:41:00.000-08:00

LawLogix's John Fay has written a highly informative article explaining how I-9 fines are calculated. The article uses a case involving a Subway restaurant franchise as the backdrop.

STAFFING COMPANY EMPLOYEES SENTENCED TO PRISON

2011-02-28T10:55:00.000-08:00

From ICE:

The president of two Chicago-area staffing companies that supplied temporary workers to suburban warehouses has been sentenced to 18 months in prison for hiring illegal aliens to form his labor pool. The sentence resulted from a worksite enforcement investigation conducted by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
Clinton Roy Perkins, 66, was sentenced Feb. 16 to 18 months in prison, to be followed by three years of supervised release, for knowingly hiring illegal aliens at the staffing companies. He pleaded guilty in September 2010. On Feb. 25, U.S. District Judge Joan B. Gottschall also ordered the forfeiture of $465,178 in proceeds obtained as a result of the criminal activity.

Perkins, of Wayne, Ill., was the president of Anna II Inc., and Can Do It Inc., staffing companies located at 801 Golf Lane in Bensenville, Ill. Anna II/Can Do It provided both skilled and unskilled labor to clients operating warehouses in various suburbs. The workers performed janitorial services, loaded and unloaded freight packages and merchandise, and installed and removed structures inside warehouses.

In his plea agreement, Perkins admitted to knowingly hiring more than 10 illegal aliens from Mexico as temporary workers between October 2006 and October 2007. The illegal workers hired by Perkins were not required to provide documents establishing their immigration status or lawful right to work in the United States.

Perkins and his son-in-law, Chrispher Reindl, paid the illegal workers' wages in cash and failed to deduct payroll taxes or other withholdings. Perkins and Reindl directed low-level supervisory employees to transport illegal workers back and forth between locations near the aliens' residences in Chicago and work sites in the suburbs. Both also provided bogus six-digit numbers - purporting to be the last six digits of the aliens' Social Security numbers - to a company, knowing that their workers were in the country illegally and did not possess valid Social Security numbers.

Reindl pleaded guilty in November to hiring illegal workers and is scheduled for sentencing in March.

"We will hold employers accountable for their actions," said Gary Hartwig, special agent in charge of ICE HSI in Chicago. "Mr. Perkins knowingly hired an illegal workforce and circumvented our nation's immigration laws for financial gain. The goal of our enforcement efforts is two-fold - reduce the demand for illegal employment and protect job opportunities for the nation's lawful workforce."

HOWARD INDUSTRIES AGREES TO PAY $2.5 MILLION FINE

2011-02-26T18:34:00.000-08:00

Wendy Padilla-Madden reports on Lawogix's I-9 blog that Howard Industries, the Laurel, MS company raided in 2008, has pled guilty and will pay $2.5 million, a record fine in Mississippi:

Howard Industries, a privately held manufacturer of electrical transmission and distribution equipment, pled guilty yesterday to conspiracy to violate immigration laws for actions discovered during an August 2008 immigration raid on the company’s transformer plant in Laurel, Mississippi. The company also agreed to pay a $2.5 million fine (largest ever in the state of Mississippi), which is roughly 5 times the original base amount, for the actions of one human resources manager. Clearly, there was some wrong-doing here, but what exactly did the company do (or fail to do) to earn such a dubious distinction within the state of Mississippi? Let’s take a trip down memory lane.

The Nation’s Largest Workplace Immigration Raid

On August 25, 2008, U.S. Immigration and Customs Enforcement (ICE) in consultation with the US Attorneys’ office raided the company’s manufacturing plant in Laurel, Mississippi and arrested 595 workers who were believed to be undocumented. Approximately 475 of these workers were sent to a detention center and most of them were later deported (few were convicted on identity theft charges). Meanwhile, the company repeatedly denied allegations that it had knowingly hired individuals without work authorization, putting all of the blame on its human resources manager, Jose Humberto Gonzalez, who was later charged in a 25-count indictment with conspiracy and employee verification fraud.

VIRGINIA ADVANCES BILL TO MANDATE E-VERIFY FOR STATE CONTRACTORS

2011-02-21T10:43:00.000-08:00

More here.

ICE SET TO AUDIT I-9 RECORDS FOR 1000 MORE EMPLOYERS

2011-02-20T07:45:00.000-08:00

No single industry is being targeted and the selection of targeted companies is nationwide.

DHS TO RELEASE E-VERIFY SELF CHECK SYSTEM IN MARCH

2011-02-17T08:17:00.000-08:00

According to a notice in the Federal Register, the system will go live on March 18th. Here's a description of how it will work:

The U.S. Citizenship and Immigration Services E-Verify Self Check is voluntary and available to any individual who wants to check his own work authorization status prior to employment and facilitate correction of potential errors in federal databases that provide inputs into the E-Verify process. When an individual uses E-Verify Self Check, he will be notified either that 1. his information matched the information contained in federal databases and he would be deemed work-authorized, or 2. his information was not matched to information contained in federal databases which would be considered a ``mismatch.'' If the information was a mismatch, he will be given instructions on where and how to correct his record(s). This newly established system will be included in the Department of Homeland Security's inventory of record systems.

CHIPOTLE PROBE EXPANDS

2011-02-08T18:05:00.000-08:00

I was pretty enthusiastic when the news hit that Memphis was getting its first Chipotle. The restaurant is opening in a few weeks and it's right around the corner. Definitely good news for burrito fans like myself.

Unfortunately, while the 1100-restaurant chain has a lot of fans, the folks at ICE are apparently not any of them. The company's 50 stores in Minnesota have been hit hard with an I-9 audit that has resulted in hundreds of firings. And the Wall Street Journal is now reporting that 60 more restaurants in Virginia and DC are under investigation.

FIRST IMAGE EMPLOYER SIGNED UP IN MINNESOTA

2011-01-21T10:32:00.000-08:00

Ryt-way Industries LLC signed an IMAGE agreement on January 13th, according to ICE.

GAO REPORT DISCUSSES STATE OF E-VERIFY

2011-01-20T05:37:00.000-08:00

The Government Accountability Office has released a new report studying the accuracy of the E-Verify database. According to the report, the number of tentative non-confirmations has decreased by 5% over the last two years, an indicator that the system has more complete records than in the past. The report also praised USCIS for instituting new measures to protect the privacy of employees and improve oversight of employers proper use of the system.

But the report has also raised concerns as well. The report concluded that false tentative non-confirmations are more likely to relate to foreign-born employees which could lead to more claims of discrimination. Also, the program is still vulnerable to identity theft, fraud and other abuse. Also, adequate funding for the program remains a problem and USCIS and the Social Security Administration need to address the issue.

USCIS TOUTS NEW REPORT ON E-VERIFY

2011-01-20T05:33:00.000-08:00

USCIS has issued a statement noting a new report stating increased customer satisfaction with E-Verify:

A recent customer satisfaction survey validates what U.S. Citizenship and Immigration Services (USCIS) has long asserted – that the Obama administration’s commitment to building the E-verify system is the right investment in building a viable tool to ensure a legal workforce in the United States. Additionally, a report about E-Verify – just issued by the Government Accountability Office (GAO) – cites improvements in the reduction of mismatch rates, ensuring employer compliance, and establishing better safeguards for employees’ personal information.
The customer survey evaluated key aspects of the E-Verify program such as registration, tutorial, ease of use, technical assistance, and customer service. E-Verify received an exceptionally high overall customer satisfaction score – 82 out of 100 the American Customer Satisfaction Index scale – compared to the government’s overall satisfaction score. One of the aspects of E-Verify that respondents liked the most was its customer support, which received a score of 89 – based significantly on enhancements to the system made under the Obama administration. Other key findings of the survey revealed that the overwhelming majority of users were likely to recommend E-Verify to other employers, were confident in E-Verify’s accuracy, and were likely to continue using the program.
“The E-Verify Program works exceptionally well, according to employers, and is a very promising tool for ensuring a legal workforce in the U.S.,” said USCIS Director Alejandro Mayorkas. “The high overall customer satisfaction score, along with the positive findings of the GAO report, are encouraging. While we are pleased with the program’s successes, we remain committed to continually improving E-Verify and enhancing this tool’s effectiveness for both workers and employers.”

E-VERIFY USE DOUBLES IN SINGLE YEAR

2011-01-15T10:04:00.000-08:00

2010 was a major growth year for E-Verify, according to new data released by DHS. More than half a million inquiries were processed in fiscal year 2010 compared to fewer than a quarter million for the previous fiscal year. The introduction of the federal contractor E-Verify mandate is seen as the biggest factor contributing to the rise.

NEW M-274 EMPLOYER I-9 HANDBOOK RELEASED

2011-01-11T18:44:00.000-08:00

USCIS has released a new M-274 employer handbook for I-9 compliance. According to the agency, changes include the following:

• New visual aids for completing Form I-9;
• Examples of new relevant USCIS documents;
• Expanded guidance on lawful permanent residents, refugees and asylees, individuals in Temporary Protected Status (TPS), and exchange visitors and foreign students;
• Expanded guidance on the processing of employees in or porting to H1-B status and H2-A status; and,
• Expanded guidance on extensions of stay for employees with temporary employment authorization.

The Handbook for Employers now also includes information for employers in the Commonwealth of the Northern Mariana Islands (CNMI) who must verify their employees’ employment authorization on Form I-9 CNMI. It also highlights information about documents CNMI employers may accept from their employees.

M-274 employer handbook

RHODE ISLAND ABANDONING E-VERIFY MANDATE

2011-01-08T06:51:00.000-08:00

Newly-elected independent Governor Lincoln Chafee rescinds his predecessor's executive order.

Rhode Island Order revoking E-Verify Mandate

FLORIDA TO REQUIRE STATE AGENCIES TO USE E-VERIFY

2011-01-04T19:58:00.001-08:00

Via Executive Order from newly sworn in Governor Rick Scott.

JUSTICE DEPARTMENT SETTLES SUITS IN OREGON AND NORTH CAROLINA

2010-12-30T06:18:00.000-08:00

The Justice Department has announced settlements of suits against employers in North Carolina and Oregon:

The Justice Department today announced that it has reached a settlement agreement with Collins Management Corporation, a forestry products company in Oregon, to resolve allegations that it unlawfully fired and later refused to rehire a lawful permanent resident in violation of the anti-discrimination provision of the Immigration and Nationality Act (INA).
According to the department’s findings, Collins insisted that a lawful permanent resident present an unexpired permanent resident card (also known as a "green card") for Form I-9 purposes, even though the individual had already presented his driver’s license and unrestricted Social Security card to the employer. The department further found that the company fired the individual when he was unable to present an unexpired green card and refused to consider him for re-hire two months later because the company believed he did not possess proper documentation.

As part of the settlement agreement, Collins agreed to pay $15,000 in back pay to the former employee and a $600 civil penalty to the federal government. The company also agreed to train its managers and human resources representatives regarding compliance with the anti-discrimination provision of the INA.

In addition, earlier this month, the department entered into a settlement agreement with Oakwood Healthcare Inc. to settle allegations that its Ashville, N.C., facility unlawfully discriminated against a lawful permanent resident by rejecting her employment eligibility verification documents and rescinding an offer of employment. As part of the settlement, Oakwood agreed to compensate the individual for lost wages totaling $732, pay a $1,100 civil penalty and train its human resources employees regarding compliance with the anti-discrimination provision.

LATEST ISSUE OF USCIS E-VERIFY NEWSLETTER

2010-12-27T09:05:00.000-08:00

E-Verify Connection

Issue 1

Welcome to the E-Verify Connection, an e-newsletter from the U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security. Each issue will bring you updates and information to help you get the most out of E-Verify.

You may also download a PDF version of this issue of the E-Verify Connection Newsletter.

What’s Hot in E-Verify

E-Verify Has Expanded Photo Matching!

E-Verify has launched a new U.S. Passport photo matching capability. Employers using E-Verify can now view photos to help confirm the validity of identity documents. Available documents include:

U.S. Passports and Passport Cards
Permanent Resident Cards (Green Cards)
Employment Authorization Documents

Visit our website for more information about Photo Matching.

Did You Hear About the I E-Verify Seal?

Employers who use E-Verify can now prominently display the official I E-Verify™ seal at their workplace—on bulletin boards, doors or windows. E-Verify enrollees who would like a seal can send a request to uscis.verlogo@dhs.gov.

Designated Agents Get a New Name

The name “E-Verify Employer Agent” has replaced “Designated Agent” to refer to businesses that use E-Verify to confirm the employment eligibility of another company’s employees.

Puerto Rico Birth Certificate Guidance

On July 1, 2010, the Vital Statistics Office of the Commonwealth of Puerto Rico began issuing new, more secure, certified copies of birth certificates to U.S. citizens born in Puerto Rico. After Oct. 30, 2010, all certified copies of birth certificates issued prior to July 1, 2010, became invalid. This new law does not affect the U.S. citizenship status of individuals born in Puerto Rico. It only affects the validity of certified copies of Puerto Rico birth certificates. See the USCIS Update for more information.

New on the E-Verify Website

Updated Manuals are now available

The latest E-Verify guidance can be easily downloaded or viewed online. E-Verify User Manuals, Quick Reference and Supplemental Guides for Employers, Federal Contractors, and E-Verify Employer Agents (formally Designated Agents) were all updated in September and are available on our Publications web page.

How Well is E-Verify Performing?

E-Verify recently updated the Statistics and Reports page on the web site. The updated statistics are based on E-Verify cases in Fiscal Year 2009 (October 2008 through September 2009).

History and Milestones

Check out the history of E-Verify—from the original legislation (1986 Immigration Reform and Control Act) to present-day major milestones. Visit the updated History and Milestones web page for more information.

E-Verify Outreach

E-Verify Offers Free Webinars!

It’s so easy! Just go to our website and click on Sign Up for a Webinar for a complete schedule. We offer the following free, live webinars:

E-Verify Overview
E-Verify for Existing Users
E-Verify for Federal Contractors
Form I-9, Employment Eligibility Verification

E-Verify gives live presentations and workshops, and participates in conferences and exhibits. If you would like a speaker for an event or conference, please e-mail us at E-Verify@dhs.gov or call 1-888-464-4218.

E-Verify in the Community

Small, Minority, Women and Veterans Business Owners
San Antonio, Texas December 8, 2010
29th Annual Government Contract Management Conference
Arlington, Virginia December 9-10, 2010
The Agriculture Employer Forum
Provo, Utah December 15, 2010
The West Valley Chamber of Commerce
Salt Lake City, Utah December 16, 2010
Human Resource Council of the Manufacturers Association of Central New York
Syracuse, New York December 21, 2010

Visit our website at http://www.dhs.gov/E-Verify

E-Verify Employee Hotline: 1-888-897-7781

If you have received this message as a forward and would like to join our mailing list, please send a message with SUBSCRIBE in the subject line to E-Verify@dhs.gov.

For general E-Verify queries, please write to E-Verify@dhs.gov.

CHIPOTLE ALLEGEDLY FIRING WORKERS IN MN AFTER I-9 AUDIT

2010-12-10T05:16:00.000-08:00

City Pages in Minneapolis reports that the restaurant chain has fired 48 workers in the past week in response to an Immigration and Customs Enforcement I-9 audit.

MURIETTA, CA MANDATES E-VERIFY

2010-12-08T11:59:00.000-08:00

All employers are now subject. Four other Riverside County towns have passed similar laws.

USCIS RELEASES STAKEHOLDER FEEDBACK ON I-9 FORMS

2010-12-06T18:28:00.000-08:00

The link is here.

ICE SOON TO OPEN I-9 FORENSIC CENTER FOR LARGE EMPLOYERS

2010-11-29T12:57:00.000-08:00

Greenberg Traurig's Kevin Lashus blogs on LawLogix's compliance blog:

On the heels of a Department of Homeland Security (DHS) Inspector General (IG) audit report, “Information Sharing With Fusion Centers Has Improved, but Information System Challenges Remain,” Immigration and Customs Enforcement (ICE) Homeland Security Investigation’s Directorate (HSI) will soon announce the opening of a Form I-9 Audit Fusion Center.

The IG report states that “DHS has made progress in its efforts to improve information sharing with fusion centers. Fusion center personnel indicated that information sharing had improved over time and the information received from the Department met their needs primarily due to the deployment of DHS intelligence officers to the centers. As a result of improved information sharing, fusion centers have successfully collaborated with the Department during numerous large-scale events and maintained situational awareness after attempted terrorist attacks and other incidents.”

In a nutshell, it is expected that Director James Dinkins or ICE Assistant Secretary John Morton will soon announce the opening of this new worksite enforcement fusion center staffed with nearly 20 forensic auditors committed to examining Forms I-9 of large employers. We understand that several special agents will also be located at the center. The creation follows the HSI’s recognition that assigning auditors to local SAC (Special-Agent-in-Charge) and RAC (Resident-Agent-in-Charge) offices may tend to limit the HSI’s ability to focus on larger employers because a single auditor may not have the ability to review thousands of Forms I-9.

In an effort to boost capacity and entice the SAC to audit larger employers, a Special Agent may request use of the fusion center to assist with a large-scale audit. While the ranks of forensic auditors have been increasing steadily, the Center will not be used to replace local personnel, but rather to increase the national bandwidth of the auditor core.

MURIETTA, WA CONSIDERING E-VERIFY MANDATE FOR EMPLOYERS

2010-11-14T12:26:00.000-08:00

The town is considering mandating E-Verify use as a condition to having a business license. The city council will vote next Tuesday.

HOOVER VACUUM COMPANY FINED OVER IRCA DISCRIMINATION

2010-11-11T21:23:00.001-08:00

From the Justice Department:

The Justice Department today announced that it has reached a settlement agreement with Hoover Inc., a leading manufacturer of vacuum and carpet cleaners with facilities in Ohio and Texas, to resolve allegations that Hoover engaged in a pattern or practice of employment discrimination by imposing unnecessary and discriminatory hurdles in the I-9 process upon lawful permanent residents.

According to the department’s findings, Hoover required all permanent residents who presented a permanent resident card (green card) for I-9 purposes to produce a new green card when theirs expired. In contrast, Hoover’s U.S. citizen workers were not required to present new documents. Like U.S. citizens, permanent residents are always work authorized, regardless of the expiration of their documentation. The Immigration and Nationality Act (INA) prohibits employers from treating permanent residents differently than U.S. citizens in the I-9 process.

Under the terms of the settlement, Hoover has agreed to pay $10,200 in civil penalties. Hoover will also train its human resources personnel about employers’ nondiscrimination responsibilities in the I-9 process, and it will provide periodic reports to the department for one year.

PASSPORT PHOTOS BEING ADDED TO E-VERIFY

2010-11-11T07:09:00.001-08:00

DHS is announcing another expansion of the photo matching tool in E-Verify:

Department of Homeland Security (DHS) Secretary Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas today announced the expansion of the E-Verify program's capabilities to include U.S. passport photo matching—further enhancing the integrity of the program by enabling E-Verify to automatically check the validity and authenticity of all U.S. passports and passport cards presented for employment verification checks.
"E-Verify is a smart, simple and effective tool that helps employers and businesses throughout the nation maintain a legal workforce," said Secretary Napolitano. "Including U.S. passport photo matching in E-Verify will enhance our ability to detect counterfeit documents and combat fraud."

"U.S. passport photo matching is another in the long line of enhancements we have made to improve the integrity of the E-Verify system," said Director Mayorkas. "Adding U.S. passport photos expands our current photo matching efforts and will play a significant role in preventing and detecting the use of fraudulent documents—all part of major anti-fraud initiatives undertaken by the Department."

Beginning today, E-Verify employers are now able to verify the identity of new employees who present a U.S passport or passport card by comparing that data with State Department records. Approximately 10 percent of all E-Verify queries currently provide a U.S. passport to establish both identity and employment authorization in order to prove employment eligibility.

FENWAY PARK VENDOR FINED $50K FOR I-9 VIOLATIONS

2010-11-10T06:34:00.000-08:00

The fine is apparently for paperwork violations and not for actually hiring any unauthorized workers.

RHODE ISLAND'S GOVERNOR-ELECT PLANS TO RESCIND EMPLOYER COMPLIANCE ORDER

2010-11-06T20:16:00.000-07:00

While several successful candidates for governor around the country ran hard against immigration, Rhode Island's new independent governor-elect Lincoln Chafee (formerly a Republican US Senator) has said one of his first actions will be the rescinding of the current Governor Don Carcieri's 2008 executive order mandating state agencies and contractors use E-Verify. Chafee says E-Verify is not necessary and is divisive.

FURNITURE MANUFACTURE CHARGED CRIMINALLY BY ICE

2010-11-02T09:07:00.000-07:00

ICE is targeting a California furniture manufacturer based on the company's ignoring a prior finding that its workers were not authorized:

The president of a Rancho Cucamonga, Calif., furniture manufacturing business was charged Monday with criminal violations stemming from a probe by the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI) into allegations the company hired unauthorized alien workers.

Rick M. Vartanian, 57, of Ladera Ranch, Calif., the president and primary shareholder of Brownwood Furniture, is charged in a criminal information with one count of obstruction of justice and one misdemeanor count of continuing to employ unauthorized workers. According to the court documents, in November 2009, Vartanian told ICE that unauthorized workers identified during an earlier HSI audit were no longer employed by the company, when, in
fact, the company continued to employ 18 of those workers and had taken steps to shield them from detection by HSI. HSI agents executed a search warrant at the company in December 2009 and discovered the 18 unauthorized employees still working there. Vartanian, who has already agreed to pay a $10,000 fine, faces a statutory maximum sentence of 66 months in prison.

The enforcement action against Vartanian comes less than three weeks after the filing of charges against Brownwood Furniture's vice president, Michael Patrick Eberly. Eberly, 48, of Alta Loma, Calif., is charged in a criminal information filed Oct. 12 with one count of continuing employment of unauthorized workers, a misdemeanor. Eberly is scheduled to make his initial court appearance Nov. 19. According to the charging document, Eberly knew that many of
the furniture company's workers were unauthorized and continued to employ them. Eberly, who has agreed to pay a $5,000 fine, also faces a maximum sentence up to six months in prison.

AP AUDITS THE I-9 AUDITORS

2010-11-01T19:47:00.000-07:00

The Associated Press has revealed results of its review of 430 audits conducted between July 1, 2009 and January 31, 2010. According to the AP, ICE reviewed 86,000 I-9s during that time period and found 22,000 documents that suggested a worker was illegally employed.

According to the AP:

Most receive only warnings if the I-9s turn out to be based on fraudulent documents. Some are fined. Few face arrest. And the AP analysis also shows that many of the employers the government has targeted had no violations.

CLARK COUNTY, WA TO REQUIRE E-VERIFY FOR SOME CONTRACTORS

2010-11-01T10:12:00.000-07:00

Employers with contracts worth more than $25,000 will have to use E-Verify to do business with the county.

EMPLOYER CONVICTED OF HARBORING FOR PROVIDING OFF SITE HOUSING

2010-10-29T09:27:00.000-07:00

Pretty aggressive. Baltimore restaurant owner was sentenced to four months in prison and four months of home detention for harboring 24 unauthorized restaurant workers. Here is the ICE press release.

BUILDERS IN MIAMI PLEAD GUILTY TO HARBORING

2010-10-18T20:36:00.000-07:00

ICE announces the pleas in connection with the building of schools in South Florida:

Three Miami-Dade residents pleaded guilty on Oct. 15 to harboring undocumented aliens who were working on a Miami-Dade school construction project, following an investigation by U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI) and the Miami-Dade County Public Schools, Office of Inspector General (MD-OIG).

Luis Daniel, 59, the president of Hialeah-based Daniel Builders, Inc.; his wife Marta Duque, 57; and Luis' son, Ariel Daniel, 26, entered guilty pleas to conspiracy to commit mail fraud and conspiracy to induce aliens to remain in the United States for commercial advantage and private financial gain. The pleas were accepted this morning by U.S. District Court Judge Ursula Ungaro. They each face a maximum statutory penalty of 10 years in prison at their sentencing on Dec. 10 at 10 a.m. All three had been released on bond since June 9.

In February 2009, ICE special agents initiated an investigation after learning that undocumented aliens, as well as lawful residents and citizens of the United States, were paid substandard wages at a construction project of an addition to Southside Elementary School, located at 45 S.W. 13th Street in Miami. Daniel Builders, Inc. was the sub-contractor awarded a $2.714 million contract at Southside Elementary School in September 2008. The construction workers hired for the project did not receive overtime wages. In addition, social security and income taxes were not deducted from their paychecks.

ICE Homeland Security Investigations Special Agent in Charge in Miami Anthony V. Mangione said, "This case should serve as notice to those individuals and businesses that traffic and exploit undocumented immigrants. We will continue working with our law enforcement partners to root out this criminal activity. The message is clear: All employers must play by the rules."

The indictment charged that between October 2008, and March 13, 2009, the three defendants used their corporation, Daniel Builders, to hire and underpay illegal aliens to increase their profit margin. Thereafter, the defendants created an elaborate scheme to conceal the fact that the work force at Daniel Builders was comprised primarily of undocumented aliens. This scheme included using nominee corporations that acted as labor providers and payroll administrators, in order to insulate Daniel Builders from the responsibility and tax consequences of hiring illegal workers. Among the nominee companies were Miami Metro Services, Inc., and Miami Dade Builders, Inc. This allowed Daniel Builders to enhance its profit margin primarily by paying substandard wages, not paying overtime wages, and not withholding social security or employment taxes.

In March 2009, ICE special agents administratively arrested the 20 individuals who had been observed working at the Southside Elementary construction site. Among those arrested were 14 Mexican nationals, one Salvadoran national, and five Guatemalan nationals. To date, all but one have been removed from the United States. One worker was arrested on criminal charges for illegally re-entering the United States after deportation as an aggravated felon and has been sentenced to 46 months in prison.
The investigation was conducted by ICE's Office of Homeland Security Investigations in Miami and the Miami-Dade County Public Schools Office of Inspector General.
The case is being prosecuted by Special Assistant U.S. Attorney Lorraine Tashman and Assistant U.S. Attorney Benjamin Daniel.

ICE RAID SAN DIEGO BAKERY

2010-10-15T12:23:00.000-07:00

So much for the moratorium on work site raids. 41 workers have been detained and the owner and three employees have been charged criminally.

SC TOWN PASSES E-VERIFY ORDINANCE

2010-10-14T20:40:00.000-07:00

All Summerville, SC businesses must now sign up to use E-Verify or risk losing their business license.

BRAINTREE, MA CONSIDERING E-VERIFY FOR CONTRACTORS

2010-10-14T07:37:00.000-07:00

This is one of the first New England municipalities to seriously consider such an ordinance.

ABERCROMBIE & FITCH FINED OVER $1 MILLION AFTER I-9 AUDIT

2010-09-29T12:25:00.000-07:00

A & F was fined one of the largest amounts ever against an employer in the state of Michigan as a result of problems discovered with the company's I-9 forms. The well known apparel retailer operates 26 stores in Michigan under the Abercrombie & Fitch as well as the Hollister labels. Apparently, something was not working properly with the company's I-9 software product, though the specifics were not spelled out by ICE in its press release and A & F hasn't been talking to the media.

This seems to be an extremely harsh punishment especially since the company is only accused of paperwork violations and not actually hiring illegally present workers. Also, the fact that the firm was using electronic I-9 software is really a shock since these products generally help companies avoid fines and not cause them.

John Fay from LawLogix has more on the electronic I-9 issue.

SIMI VALLEY, CA PASSES E-VERIFY ORDINANCE

2010-09-02T04:12:00.000-07:00

The home of the Reagan Library becomes the first city in Ventura County to mandate E-Verify use by city agencies as well as contractors.

ARIZONA COMMUNITY COLLEGES TARGETED FOR DISCRIMINATION CLAIM

2010-08-31T10:32:00.000-07:00

From the Washington Post:

The Justice Department filed another lawsuit against immigration practices by Arizona authorities, saying Monday that a network of community colleges acted illegally in requiring noncitizens to provide their green cards before they could be hired for jobs.

The suit against the Phoenix area Maricopa Community Colleges was filed less than two months after the Justice Department sued Arizona and Gov. Jan Brewer (R) over the state's new immigration law. It also comes as the department is investigating Joe Arpaio, the sheriff in Maricopa County, who is known for tough immigration enforcement.

In Monday's lawsuit, Justice officials said the colleges discriminated against nearly 250 noncitizen job applicants by mandating that they fill out more documents than required by law to prove their eligibility to work. That violated the federal Immigration and Nationality Act, the department said.

KNOX COUNTY, TN CONSIDERING EMPLOYER SANCTIONS PLAN

2010-08-29T16:02:00.000-07:00

The county that includes the Knoxville metro area is looking at an ordinance to penalize employers that hire illegally present immigrants. The sanctions would include loss of a business license. Officials are still negotiating over provisions including language to protect businesses from disgruntled employees who lack a true basis for a claim.

AMERICAN APPAREL STOCKHOLDERS SUE OVER ICE AUDIT

2010-08-18T21:46:00.000-07:00

The company's stock is down more than 90% following the layoff of 1800 employees in connection with an ICE audit last year.

ANOTHER CALIFORNIA TOWN TO MANDATE E-VERIFY USE

2010-08-18T21:43:00.001-07:00

This time it's Murrietta.

WILDOMAR, CA PASSES E-VERIFY MANDATE

2010-08-12T09:17:00.000-07:00

Another Southern California city mandates e-Verify for city contractors.

DENVER LATEST CITY TO MANDATE E-VERIFY FOR CONTRACTORS

2010-08-10T20:23:00.000-07:00

And one of the largest.

YORBA LINDA, CA CONSIDERING JUMPING ON THE E-VERIFY BANDWAGON

2010-08-08T20:10:00.000-07:00

From the OC Register:

Citing a need for the city to set an example for its businesses, the Yorba Linda City Council directed
staff on Tuesday to come up with a plan for using E-Verify in city hiring and requiring contractors
working with the city to do the same.

CANYON LAKE, CA CONSIDERING E-VERIFY MANDATE

2010-08-02T05:57:00.000-07:00

Another Southern California town looks to mandating e-Verify for contractors.

CENTRALIA, WA MOVES FORWARD ON E-VERIFY LAW

2010-07-29T10:52:00.000-07:00

The city council of Centralia, Washington has approved a first vote on a bill to require businesses contracting with the city to use E-Verify.

FREEMONT BACKS DOWN ON IMPLEMENTING NEW SANCTIONS LAW

2010-07-27T08:02:00.000-07:00

The town won't implement the controversial new referendum calling for all local employers to use E-Verify and landlords to screen tenants. City officials are citing the ACLU lawsuit challenging the new law.

NEW ELECTRONIC I-9 REGS RELEASED

2010-07-25T07:55:00.000-07:00

USCIS released its final rule on electronic I-9s nearly four years after it released an interim regulation. There are no earth-shattering changes. Employees only need now be provided a transaction receipt if they request it. Employers have a little more flexibility to choose the technology they want.

DHS appears to have either backtracked or inadvertently contradicted its recent statement that employers actually have a fourth day to complete the I-9.

The agency clarified that employers switching to an electronic I-9 system can keep its old records in a paper form if they want.

LawLogix has a helpful summary on its blog.

EMPLOYERS TARGETED BY ICE IN NEW JERSEY

2010-07-22T21:02:00.000-07:00

13 employers, $640,000 in fines.

FLORIDA AG PUSHING GOVERNOR TO MANDATE E-VERIFY USE

2010-07-22T10:14:00.000-07:00

From CCH:

Florida Attorney General Bill McCollum (R) sent a letter to Governor Charlie Crist (I), on July 6, 2010, asking him to direct state agencies to use the federal government’s E-Verify system in the hiring of state workers. E-Verify is a web-based system that allows an employer, using information reported on an employee’s Form I-9, Employment Eligibility Verification, to determine the eligibility of that employee to work in the United States. “As one of Florida’s largest employers, state government should lead by example. I am requesting that you use your authority to direct state agencies under your supervision to use the E-Verify system as soon as possible to verify the employment eligibility of all new hires upon employment,” said the Attorney General. In his letter, McCollum also requested that Crist direct the Florida Department of Management Services to conduct a study on requiring all contractors who do business with the state to use E-Verify for all their employees.

Note that McCullum is a Republican candidate for Governor and Crist is an independent candidate for the US Senate.

DENVER CONSIDERING E-VERIFY MANDATE

2010-07-22T09:15:00.000-07:00

The measure would apply to contractors. From the Denver Daily News:

Contractors hired by the city would have to verify the employment eligibility of all new hires under a proposed ordinance that got initial City Council approval yesterday.

The ordinance proposed by council members Chris Nevitt and Jeanne Faatz would require contractors and subcontractors hired by the city to use the federal E-verify program to ensure their new employees are not illegal immigrants. The Economic Development Committee passed the bill on a 4-1 vote, sending the measure to the full council for consideration.

ICE TO GIVE EMPLOYERS BONUS DAY IN MEETING I-9 DEADLINES

2010-07-21T13:52:00.000-07:00

From my friends at LawLogix and Greenberg Traurig:

Lawlogix Group, Inc., the leader in I-9 and E-Verify compliance and immigration case management software, today announced a critical new I-9 interpretation on its blog, www.electronici9.com, which was clarified by guest bloggers, Dawn Lurie and Kevin Lashus of the law firm Greenberg Traurig. Ms. Lurie and Mr. Lashus, widely considered to be leading experts on I-9 and E-Verify compliance issues, explain in detail how ICE will respect USCIS’ interpretation--giving employers what could be considered one extra day to complete Section 2 of the Form I-9. This sweeping change in I-9 protocol could have a significant impact on employers who are struggling to revamp their I-9 policies and implement comprehensive verification processes in light of recent enforcement initiatives.

After many years of differing opinions and interpretations, USCIS and ICE appear to agree that employers have three days, subsequent to the day of hire to complete section 2 of the Form I-9 and initiate the E-Verify case (hired Monday-complete by Thursday). “This actually all came about from the recent E-Verify Redesign trainings when the USCIS quietly ‘reminded’ employers that organizations have three days after the date of hire to open an E-Verify case,” explained Ms. Lurie. “USCIS also alluded to this four day or Thursday rule as covering the I-9 as well. This was certainly news to us.” Ms. Lurie and Mr. Lashus investigated further – making several phone calls to USCIS and ICE regarding this apparent shift in policy. Then, USCIS issued a public clarification confirming this “Thursday” rule on their E-Verify public website. On July 7th, the experts obtained critical confirmation from ICE (the agency responsible for enforcing I-9 rules) that they would also respect this 4-day interpretation. Although ICE and USCIS subsequently met to further discuss this issue, the change has yet to be publicized and most employers are still in the dark. “We urge the Department of Homeland Security to increase dialogue with the public sector, provide training, and develop a targeted I-9 education campaign after updating the M-274 employer handbook–with clear consistent direction for the smallest, as well as the largest, of U.S. employers,” said Ms. Lurie and Mr. Lashus.

TEMECULA, CA PASSES E-VERIFY MANDATE

2010-07-15T15:39:00.000-07:00

From Southern California Public Radio:

Temecula is now the third Inland city in the past month to pass an ordinance cracking down on illegal immigrants and the businesses that hire them.

Businesses with one or more employee are now required to screen new hires through the E-Verify system, an otherwise voluntary program operated by the U.S. Department or Homeland Security. The E-Verify system enables employers to verify a worker’s immigration status and Social Security number.

Temecula’s decision on Tuesday to make its usage mandatory comes after a heated public hearing and dueling street protests.

TEMUCULA, CA CONSIDERING E-VERIFY ORDINANCE

2010-07-06T20:30:00.000-07:00

Temecula, California's city council will vote on an E-Verify mandate on July 13th. If it passes, it would follow recently passed ordinances in Menifee and Lake Elsinore.

SC EMPLOYER SANCTIONS LAW FULLY IN EFFECT NOW

2010-07-05T21:05:00.001-07:00

All South Carolina employers must now check the legal status of their workers using E-Verify or by checking for a South Carolina driver's license. The state is actively investigating employers already since the law has been phased in over the last couple of years.

UTAH E-VERIFY MANDATE TAKES EFFECT

2010-07-04T11:59:00.000-07:00

The Utah employer sanctions law kicked in on July 1st and employers in the state are required to use E-Verify.

MASSACHUSETTS LEGISLATORS SCALE BACK SANCTIONS BILL

2010-07-04T11:03:00.001-07:00

From the NY Times:

A crackdown on illegal immigrants, passed by the State Senate last month, has been scaled back. The House and the Senate on Thursday approved a less stringent version of the contentious plan, which would have required the state attorney general to set up a hot line for residents to anonymously report businesses suspected of hiring illegal immigrants. The compromise plan, adopted as an amendment to the state budget, only codifies existing state policies. But as part of sweeping budget cuts, the legislature also eliminated health care coverage for thousands of legal immigrants.

SOUTHERN CALIFORNIA TOWNS CONSIDERING E-VERIFY MANDATES

2010-06-22T15:09:00.001-07:00

The measures are being considered in Lake Elsinore, Menifee and Hemet.

LEWIS COUNTY, WASHINGTON TO REQUIRE E-VERIFY FROM CONTRACTORS

2010-06-22T15:07:00.001-07:00

The county joins three others in Washington State in adopting such a measure.

NOVATO CITY COUNCIL CONSIDERING E-VERIFY MEASURE

2010-06-22T12:13:00.000-07:00

From the Marin (CA) Independent Journal:

TONIGHT, the Novato City Council will make an important decision: whether to adopt an E-Verify initiative, go to a vote in 2011, or reject the ordinance due to legal issues.
This decision has been forced on them by residents angry at the federal government for not adequately addressing immigration. It would force Novato to take on a task that will burden our businesses with increased costs and complexity at a time when they are struggling. It would cost the city tax dollars through loss of businesses, increased staff work and enforcement it cannot afford - and, I believe, impact Novato's reputation.
The city is struggling with a major budget deficit and is considering a November half-cent sales tax ballot measure to avoid making more onerous cuts in services and to help ensure we keep our police on the job, the senior center open and children's activities alive.

This proposed ordinance, posited as a "Lawful Hiring Compliance Initiative," serves only to distract and divide at a time when we need to focus on pulling together. The city's contractors already are bound by law to hire legally.

This ordinance imposes unacceptable costs, risks and liabilities on both businesses and the city, could lead to the city being the target of lawsuits, and will do nothing to address the problem of unauthorized workers.

The initiative will require over 280 contractors with $5,000 or more of business with the city to implement a 65-page "E-Verify Users Manual for Employers," and verify "each new employee with E-Verify, even if that employee will not perform work in the city of Novato."

ICE UNVEILS FIVE YEAR PLAN

2010-06-22T07:38:00.000-07:00

Tracker I-9 reports:

Last week, Immigration and Customs Enforcement (ICE) made public its 5-year strategic plan for FY 2010-14, which lays out the agency’s priorities on three homeland security missions: (1) preventing terrorism and enhancing security; (2) securing and managing our borders; and (3) enforcing and administering our immigration laws.
Looking more closely at the document, it becomes clear that one of ICE’s top objectives is to continue its worksite enforcement program and hold employers accountable for their hiring practices. The following excerpt from page five of the document details ICE’s stated efforts to address illegal employment and “Create a Culture of Employer Compliance:”

The opportunity to work in the United States motivates many to seek illegal entry. Therefore, enforcing the immigration-related employment laws is a critical component of border security. To create a culture of compliance among employers, ICE will use the following two-pronged strategy: (1) aggressive criminal and civil enforcement against those employers who knowingly violate the law; and (2) continued implementation of programs, such as E-Verify and ICE’s IMAGE program, to help employers comply. Criminal investigations will increasingly focus on employers who abuse and exploit workers or otherwise engage in egregious conduct. To support a meaningful civil audit program, ICE will hire additional auditors and centralize some auditing functions. Through the “I E-Verify” campaign, ICE will work with U.S. Citizenship and Immigration Services (USCIS) to increase public support for companies that use compliance tools. Finally, ICE will seek better statutory tools to address illegal employment.

AGRIPROCESSORS PLANT MANAGER GETS 27 YEAR SENTENCE

2010-06-22T07:22:00.000-07:00

Sholom Rubashkin, the plant manager for Agriprocessors, the meatpacking plant in Postville, Iowa, was sentenced yesterday to 27 years in prison in relation to the raid in 2006 that led to the deportation of hundreds of workers..

FREEMONT, NEBRASKA VOTERS PASS SANCTIONS LAW

2010-06-22T06:31:00.000-07:00

Voters in meatpacking town Freemont, Nebraska have passed a referendum that bars the hiring of illegally present immigrants and also bars renting property to them. The referendum passed with 57% of the vote. Freemont joins Farmington, Texas and Hazleton, Pennsylvania in passing similar laws and, like those communities, is likely to have to defend the measure in court. Ordinance 5165 reads as follows:

"Shall the City of Fremont, Nebraska, enact proposed Ordinance No. 5165, amending the Fremont Municipal Code to prohibit the harboring of illegal aliens or hiring of unauthorized aliens, providing definitions, making provision for occupancy licenses, providing judicial process, repealing conflicting provisions, and establishing an effective date for this ordinance?"

USCIS ISSUING NEW VERSIONS OF I-9-ACCEPTED WORK DOCUMENTS

2010-06-16T08:38:00.000-07:00

From Tracker:

Recently, USCIS announced the release of a redesigned Permanent Resident
Card (Form I-551), also commonly referred to as the “Green Card,” as well as a
revised Employment Authorization Document (EAD or Form I-766). While USCIS began issuing the new EAD and Green Cards in May 2010, please note that previously issued EAD and Green Cards already in circulation remain valid until their expiration date.

USCIS has stated that the changes to both documents seek to provide enhanced security features and discourage immigration fraud. As you can see in the sample images below, the backside of the EAD now has a machine-readable zone that replaced the two-dimensional bar code while the front of the EAD card appears to be unchanged. The changes to the Green Card are comprehensive as the document underwent a complete redesign. In addition to the official announcement unveiling the new Green Card (here) and EAD (here), USCIS has also published a Green Card Fact Sheet and FAQ that go into more detail about the changes.

For I-9 purposes, Employers will want to become familiar with the new EAD and Green Card as both are acceptable List A Documents that establish identity and employment authorization.

PENNSYLVANIA HOUSE PASSES EMPLOYER SANCTIONS MEASURES

2010-06-16T07:05:00.000-07:00

From Tracker:
Yesterday, the Pennsylvania House of Representatives overwhelmingly
passed two proposals (House Bills 1502 and 1503) that would require certain
Pennsylvania employers to verify the employment eligibility of construction
and contracted public workers via the E-Verify or Social Security
Number Verification Services (NVS) systems.

One bill pertains to public works contractors and their subcontractors
doing business with the State and would require verification of their
workers’ employment eligibility either through E-Verify (for new hires) or
NVS (for existing employees). The companion bill carries the same employment verification requirements for private-sector construction companies “whether or not the work is for a public body or paid for from public funds.” Both bills offer protection to employees who report or participate in an investigation relating to an alleged violation.

If the Senate passes the bills (we will keep you posted), employers who violate these rules could face stiff penalties, including the forfeiture of state licenses or certifications and debarment from state projects.

COMPANY FINED FOR I-9 DOCUMENT ABUSE

2010-06-12T12:02:00.000-07:00

The Justice Department announced that it has fined Aquatico Pool Management for document abuse. According to DOJ:

On June 8, 2010, OSC entered into a settlement agreement resolving a charge of discrimination. The charge, which was filed by a lawful permanent resident, alleged discrimination in the employment eligibility verification (Form I-9) process. The charging party established his right to work by providing a valid DHS-issued permanent resident card during the Form I-9 employment eligibility verification process. However, because he also presented a Social Security card with the notation “valid for work only with DHS authorization,” Aquatico refused to hire the charging party as a part-time swim instructor. Aquatico agreed to pay a civil penalty of $1,100 to the federal government for a single act of document abuse, and $499.20 in back pay and interest to the charging party. The company will also post anti-discrimination notices and will train its employees regarding the anti-discrimination provision of the INA. OSC will monitor Aquatico's I-9 practices for three years.

The settlement agreement can be viewed here.

DHS ROLLING OUT E-VERIFY 3.0

2010-06-12T11:36:00.000-07:00

USCIS has announced major changes are coming to E-Verify starting tomorrow. E-Verify users will see a new home page which will be personalized for the user and include alerts on any cases with action items. The site also has simplified the data entry process to three steps and a new simplified results page.

The new site features three types of case alerts - open cases to be closed, cases with new updates, and work authorization documents expiring.

Aside from site design changes, USCIS is using simplified terms on the page.

MASSACHUSETTS SENATE APPROVES CONTRACTOR LAW

2010-05-28T06:18:00.000-07:00

The Massachusetts Senate approved by a 28-10 vote an amendment to a budget bill that would, among other things, require businesses contracting with state agencies to confirm that their workers are authorized to be employed and barring employers that have been found to have hired unauthorized workers from doing business with state agencies.

AMERICAN MEAT INSTITUTE COMES OUT IN FAVOR OF E-VERIFY

2010-05-25T14:55:00.000-07:00

A surprise given the opposition of other industry groups to mandating use of the system outside of a comprehensive immigration solution.

YAKIMA, WASHINGTON COUNCIL REJECTS E-VERIFY

2010-05-25T13:42:00.000-07:00

Contractors will not be required to sign up for E-Verify. From the Bellingham Herald:

The Yakima City Council has voted against requiring city contractors use a federal program that checks a worker's eligibility to work in the United States.
In a 4-3 vote Tuesday, the council turned down a proposal to use the E-Verify system - a free, online program administered by the Department of Homeland Security.
Around the state, Clark, Whatcom and Pierce counties have implemented the federal program. The city of Lakewood also has approved E-Verify.

CASE HOLDS FAILING TO COMPLETE I-9'S CANNOT BE CORRECTED DURING 10 DAY CURE PERIOD

2010-05-17T18:39:00.000-07:00

EOIR's Office of the Chief Administrative Hearing Officer has held that a restaurant could not fill out I-9s for the first time for employees during the 10 day period following an audit request by ICE and have the violation considered a mere technical violation. The failure is substantive and would be fined accordingly.

New China Buffet I-9 case

FREEMONT, NE VOTERS TO DECIDE ON EMPLOYER MANDATE

2010-05-17T13:14:00.000-07:00

A lengthy court battle is over and next month voters in Freemont, Nebraska will get to vote on a broad immigration measure that includes a mandate for employers to use E-Verify.

UTAH GOVERNOR BACKS OFF PLANS TO MODIFY E-VERIFY MANDATE

2010-05-17T12:52:00.000-07:00

In the wake of the Arizona immigration law's passage, Utah Republican Governor Gary Herbert has backed off plans to try and make an E-Verify employer mandate in his state voluntary. Herbert had planned to call a special session of the legislature, but has now scrapped this, according a report in the Salt Lake Tribune. Herbert was worried that a special session would lead to the opposite result of what was intended - that even tougher restrictions would be passed.