MEMBER OF THE AMERICAN IMMIGRATION LAWYERS ASSOCIATION
LAUNCH CHAT | |
Wednesday, April 30, 2008
MISSOURI SANCTIONS BILL STALLS
The Kansas City Eagle reports.
# posted by Greg Siskind @ 1:51 PM
NUMBER OF PROSECUTIONS AGAINST EMPLOYERS STILL LOW
National Public Radio reportsTwo years ago, the Department of Homeland Security announced a new strategy for immigration enforcement. It said it would start bringing criminal charges against companies that employ illegal workers. Since then, there's been a dramatic increase in raids on businesses, but few prosecutions against employers.
# posted by Greg Siskind @ 12:11 PM
Tuesday, April 29, 2008
HOUSE SUBCOMMITTEE ON SOCIAL SECURITY TO HOLD HEARING ON E-VERIFY
The hearing will take place on May 6th at 10 am eastern and is described as covering ...the current E-Verify pilot program and proposed expansions, including the impact of increased immigration-related workloads on SSA’s ability to serve seniors, people with disabilities, and survivors of deceased workers. The hearing also will examine the potential impact on businesses and employees; the technical and implementation challenges of expansion; and the data security implications of having personal information in the SSA database accessible to six million businesses nationwide.
# posted by Greg Siskind @ 6:30 PM
PROTESTERS COMPLAIN ABOUT DUNKIN' DONUTS USE OF E-VERIFY
This looks like a first. Protesters in New York City rallied against Dunkin' Donuts use of the federal electronic employment verification system.
# posted by Greg Siskind @ 2:57 PM
RHODE ISLAND DELAYS EMPLOYER SANCTIONS VOTE
A vote on a bill to require E-Verify be used by all employers has been pushed back a week.
# posted by Greg Siskind @ 2:21 PM
AZ EMPLOYER SANCTIONS BILL GETS PRELIMINARY APPROVAL IN SENATE VOTE
The bill generally liberalizes some of the toughest provisions in the sanctions bill passed last year including - stipulating that a violation at one site for employers with multiple work sites will not affect other work sites; - allowing a good faith defense for employers for workers hired before January 1st; - making it clear that independent contractors don't count as illegal employees; and - extending the sanctions rules to employers that pay cash (and adding a fine of up to $5000 for such employers)
# posted by Greg Siskind @ 2:15 PM
SC LAWMAKERS STILL LOCKED IN DISPUTE ON SANCTIONS BILL
The issue remains whether to allow proper completion of an I-9 to be a defense against sanctions or whether employers should have to use E-Verify.
# posted by Greg Siskind @ 11:27 AM
Sunday, April 27, 2008
ARIZONA EMPLOYERS NOT BEING HIT BY NEW LAW
The Arizona Republic reports that there have no complaints filed outside of Phoenix. And even in Phoenix, complaints have not yet led to prosecution (though five employers are under investigation).
# posted by Greg Siskind @ 2:28 PM
Monday, April 21, 2008
IOWA HOUSE PASSES BILL MANDATING USE OF STATE IDS IN SEEKING EMPLOYMENT
SOUTH CAROLINA SANCTIONS BILL HITS A SNAG
Thursday, April 17, 2008
NJ SENATOR PUSHING SANCTIONS LAW
More on Democratic Senate Majority Leader Stephen Sweeney's efforts to pass a sanctions law in New Jersey.
# posted by Greg Siskind @ 1:07 PM
ICE BREAKS UP LARGE IDENTITY THEFT RING AT POULTRY PLANTS
Now that employers are starting to get tough on checking that employees' social security numbers match their names, some employees that are illegally in the country are getting around that by simply making sure that their names actually do match their numbers. How do they do it? They steal (or borrow since there may be some consent involved) the identity of a legal worker. Immigration and Customs Enforcement just conducted a sweep of five chicken plants yesterday and arrested 280 workers in one such alleged identity theft scheme. The employer, Pilgrim's Pride, cooperated with ICE officials and no company employees were charged. If this sounds familiar, it is is similar to what happened in 2006 at the Swift meatpacking plants around the country. I certainly don't condone this. But I will say that as the pressure on workers mounts, you should expect to see more of this as well as more employers paying workers in cash. And a system that encourages identity theft or working under the table is bad public policy. We need immigration enforcement. But until we deal with the question of why employers and employees are willing to such risks, we're never going to solve the problem. The reason this is happening is pretty straightforward - we lack a legal way to meet the demands of the market. A tiny percentage of workers and employers might choose to break the law even if a legal and manageable way to import workers was available. But most would not. Until we have a workable guest worker program that matches up supply and demand, we will continue to see a black market. The New York Times is reporting on the sweeps as well.
# posted by Greg Siskind @ 11:09 AM
NY TIMES: FIX THE DATABASE FIRST
The NY Times has an excellent editorial this morning discussing an issue I've raised many times before - the flawed databases that are the backbone of the E-Verify and Social Security No-Match systems. While the case for using the systems is logical, the assumption has to always be that the systems actually are accurate. And therein lies the problem. If millions of legal workers - many of them US citizens - are falsely identified as being illegally in the US, we've got a problem. If the Social Security Administration or Department of Homeland Security had the resources to actually clear up discrepancies in a timely manner, a small false positive rate would be acceptable. But they don't. Today they only have to deal with a small number of people trying to make corrections and it can take months to solve the problem. Now multiply this group by 2000% or so. I have mentioned a simple solution to this that will allow both E-Verify and the No-Match rule to expand like the government is hoping. When a worker lodges a protest with SSA or DHS that the system has falsely labeled them as unauthorized, then that the worker should be authorized to continue working until DHS or SSA actually gets to the bottom of the error. In other words, put the burden back on the government to actually deal with the mess they most likely created. Some may be concerned that illegal workers would use this as an opportunity to continue working illegally. However, the reality is that when an employer alerts an employee to a discrepancy, the illegally present worker almost always takes off. The odds of an illegal worker going to DHS or the SSA to try and lodge a protest - and risking being picked up and deported - are pretty remote.
# posted by Greg Siskind @ 11:08 AM
Wednesday, April 16, 2008
11 RESTAURANT OWNERS CRIMINALLY CHARGED AFTER WORK SITE RAIDS
ICE is charging the 11 owners with criminally harboring illegally present immigrants and administratively charging 45 workers.
# posted by Greg Siskind @ 6:28 PM
Monday, April 14, 2008
FLORIDA LEGISLATURE CONSIDERING BILL REQUIRING GOVERNMENT EMPLOYERS TO USE E-VERIFY
CALIFORNIA REPUBLICANS INTRODUCE PACKAGE OF SANCTIONS BILLS
14 of California's 30 GOP Assembly members introduced a package of 23 bills targeting illegal immigration including several that impose sanctions on employers. The sanctions bills include AB 107, introduced by Cameron Smyth, R- Santa Clarita, requires bidders for state contracts to certify that they do not employ "unauthorized aliens." AB 1615, introduced by Sharon Runner, R-Lancaster, would bar state agencies from awarding contracts to bidders that knowingly hire "unauthorized aliens." AB 2059, introduced by Chuck DeVore, R-Irvine, would prohibit state agencies from awarding public works project contracts, contracts to acquire goods and services and for the acquisition of information technology to bidders that hire persons in the country illegally. AB 2102, introduced by Mimi Walters, R-Laguna Niguel, would require state agencies to use the E-Verify electronic employment verification system. AB 2421, introduced by Republican Caucus Chair Bob Huff, R-Diamond Bar, would require the revocation of business licenses of employers who hire unauthorized aliens in California.
# posted by Greg Siskind @ 6:58 AM
RHODE ISLAND CABINET MEMBER ATTACKS BOSS OVER SANCTIONS ORDER THEN BACKS DOWN
Patricia Martinez, the director of the Rhode Island Department of Children, Youth and Families and a member for three years of the Cabinet of Governor Carcieri, last week blamed the governor for creating a climate of hatred across the state and the order is "really slamming immigrants." The Governor's recent executive order targets employers that hire illegally present workers. A day later, Martinez issued an apology saying "the executive order is the first step in the right direction toward immigration reform." What a difference a day makes.
# posted by Greg Siskind @ 6:48 AM
Friday, April 11, 2008
TENNESSEE ATTORNEY GENERAL RULES BILL CRIMINALIZING WORKING ILLEGALLY UNCONSTITUTIONAL
While state legislatures don't seem to have a problem passing grossly unconstitutional bills on immigration, state attorneys general seem to take their oath to uphold the Constitution a little more seriously. Tennessee's Attorney General is the latest to weigh in.
# posted by Greg Siskind @ 9:32 AM
Thursday, April 10, 2008
LA MAYOR: DHS SHOULD FOCUS ON DEPORTING CRIMINALS INSTEAD OF WORKERS
Mayor Antonio Villaraigosa raises the questions in a letter to DHS Secretary Michael Chertoff.
# posted by Greg Siskind @ 10:16 PM
COSTS OF SAVE BILL RAISE QUESTIONS
The SAVE Act would mandate E-Verify be used right away and would also massively increase spending on immigration enforcement. The Congressional Budget Office has put a price tag on the bill - $40 Billion. Various groups are citing the report to criticize the proposed legislation. Today the ACLU weighs in. And yesterday, The Hill reported that "Blue Dog" conservative Democrats are worried about the fiscal impact of the bill.
# posted by Greg Siskind @ 10:08 PM
Wednesday, April 9, 2008
ICE ARRESTS 59 AT NORTHERN VIRGINIA RESORT
Though the ICE press release does not state the resort, local media reports the targeted employer was the Lansdowne Resort near Leesburg. The arrests were of employees only and are the follow up from a June 2007 I-9 audit. The pattern of an ICE raid following an I-9 audit has become more pronounced of late. The arrests were administrative in nature and will result in removals. No criminal arrests were made of either company officials or employees.
# posted by Greg Siskind @ 1:57 PM
Tuesday, April 8, 2008
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