Poultry producer Pilgrim's Pride has agreed to pay a $4.5 million fine after worksite investigations in 2007 and 2008 identified 338 unauthorized workers.
1400 BEAUFORT, SC BUSINESSES AUDITED FOR IMMIGRATION COMPLIANCE
Hilton Head, South Carolina has become a hotbed for anti-immigration enforcement.
According to the Beaufort Gazette, this is nearly a 50% increase over 2008. More than 1000 employees names have been turned over to the Beaufort County Sheriff for further investigation.
Interestingly, SC officials say the audits are meant to be instructive and not punitive.
LANCASTER, CA MANDATES E-VERIFY FOR TOWN'S EMPLOYERS
The LA Timesreports that this southern California city is going to require all employers in the city to use E-Verify or face losing their business licenses.
January 1, 2010 is the effective date of House Bill 2 which expanded the existing E-Verify and SAVE mandates.
E-Verify On January 1, 2010, all cities that are required to participate in E-verify* must permanently post their federally issued user identification number and date of authorization on their website. Covered cities that do not maintain a website must annually publish the identification number and date of authorization in the legal organ for the county. (*O.C.G.A. Section 13-10-91 requires that all public employers register and participate with E-verify).
SAVE A greatly expanded list of “public benefits” for which cities must obtain affidavits from applicants becomes effective on January 1, 2010. Cities should take steps to register for the SAVE program and to obtain affidavits from applicants for covered public benefits. For more information on SAVE, visit the GMA website.
FREDERICK COUNTY, MD COMMISSION APPROVES CONTRACTOR RULE
The Frederick County, Maryland Commission has approved a measure requiring companies doing business with country government to certify their employees and those of their subcontractors are authorized to work in the US. The Commission will next consider mandating E-Verify be used.
Shanna Dee Ramirez was found guilty of assisting illegally present immigrants in falsely documenting employment authorization. She received a 15 month jail term.
The owners of the Waterworld park in Phoenix had their business license suspended for ten days. But the company is out of business now so the punishment is largely symbolic. The parent company, Golfland Entertainment Centers, has agreed to use E-Verify and verify Social Security numbers.
LOOKOUT SERVICES FIRES BACK AT MINNESOTA RADIO REPORTER
Minnpost.com reports on electronic I-9 provider Lookout Services response to the Minnesota Public Radio report on an alleged security breach involving Minnesota state government workers.
(Lookout Services), today announced that limited portions of the company’s proprietary software may have been illegally compromised by The State of Minnesota and Minnesota Public Radio.
The information disclosed as a result of the intrusion was limited in scope both by the amount of data that was accessible and the type of data that was accessible. Lookout has confirmed that with respect to some data only the Minnesota Public Radio reporter viewed the data.
Lookout Services’ customers who would like more information about what data the State of Minnesota and Minnesota Public Radio viewed in Lookout customer's records may contact us at help@lookoutservices.net for these details. A technical explanation of the portion of the software exploited as well as steps taken to prevent further intrusions is also available to Lookout customers.
Given the circumstances, Lookout does not believe that the purpose of the intrusion was for the purpose of identity theft. However, an investigation may reveal more details about the exact motives in the weeks and months ahead.
“We have contacted the FBI and other law enforcement officials and we are fully cooperating with their investigation into this matter,” said Elaine Morley, CEO of Lookout Services. Lookout Services Inc., filed suit against The State of Minnesota on December 10, 2009. In days prior to filing suit, Lookout Services notified The State of Minnesota with concerns about conduct of numerous attempts at unauthorized intrusions involving computers with IP addresses belonging to The State of Minnesota and Minnesota Public Radio.
“We told the State of Minnesota we were requesting an investigation, due to concerns that federal laws were being violated,” Morley said. ”After expressing concerns to The State of Minnesota, the State agreed to instigate an investigation, but we felt that The State of Minnesota was not taking swift action, so we began blocking IP addresses and shutting down users.”
Since that time, Lookout Services has refused to grant any users at The State of Minnesota access to the software.
“Lookout Services will aggressively seek prosecution of those responsible for this egregious act,” Morley said. “We will not tolerate the illegal disclosure of client information.” About Lookout Services Inc.
Lookout Services provides fully-customized Web-based form I-9 software and E-Verification automation to America’s largest companies and government agencies. Lookout Services Inc., is a Designated Agent under E-Verify and builds proprietary software for seamless Form I-9 and E-Verify compliance. Lookout Services recommends and installs its proprietary software behind customer firewalls for added security.
The software provides a proven solution to verifying immigration status and enabling efficient completion of legal forms to streamline business and reduce cost. The company is based in Bellaire, Texas. For more information, contact Elaine Morley at help@lookoutservices.net or visit www.lookoutservices.net.
There have not been many ICE raids this year so the news that Mambo Seafood's corporate headquarters and two restaurants have been raided and arrested 31 workers is news
MINNESOTA STATE OFFICIALS WARN EMPLOYEES AFTER POTENTIAL SECURITY BREACH
A Minnesota Public Radio reporter claims to have been able to gain access to electronic I-9 records without authorization and state government officials have warned potentially affected employees.
This is a really good idea. DHS will soon allow workers to check themselves in E-Verify and have an opportunity to correct problems before they apply for a job. This is not the end-all solution to the accuracy problem with the system, but it is one more way to improve the overall reliability of the system and at least will give workers the ability to time their departing one job and starting another so that problems are resolved before the move.
NY TIMES EDITORIAL: STATE AND LOCAL IMMIGRATION LAWS ARE COUNTERPRODUCTIVE
The New York Times ran an editorial this morning expressing concern regarding the proliferation of state and local laws regulating the employment of illegally present workers and the importance of the Supreme Court resolving the issue:
States and localities have been taking immigration enforcement into their own hands out of frustration over Washington’s failure to enact comprehensive reform, over misguided and ineffective federal enforcement of existing rules and over a sense that America has lost control of its borders. Numerous states and towns have enacted harsh laws seeking to regulate the employment of undocumented workers, and, in some instances, keep them out of housing.
The troubling result is a growing patchwork of punitive statutes bound to spawn unfairness to businesses and employees while undermining the federal government’s proper authority over immigration.
The Supreme Court is now weighing whether to consider a challenge to Arizona’s immigration law. Before deciding, the justices have asked the solicitor general, Elena Kagan, to provide the views of the Obama administration. This is a chance for the court to weigh in against the improper splintering of national immigration policy, and Ms. Kagan should urge the court to seize that opportunity.
TANCREDO FILES E-VERIFY BALLOT MEASURE IN COLORADO
Former chair of the House Immigration Reform Caucus in Congress has filed a ballot measure in Colorado to force the state legislature to pass an E-Verify mandate on all employers in the state.
E-Verify has announced a new address which must be used by employers when mailing photos to DHS for case resolution. The photo matching process in E-Verify occurs automatically when an employee presents a green card or employment authorization document. If the photo presented by the employee does not match the photo in E-Verify, employers are instructed to notify the employee, and if he/she contests, to send a copy of the photo document to DHS.
This can be accomplished in two ways: (1) the employer can scan and upload a copy of the photo document (file must be in GIF format and be no larger than 1.5 megabytes) or (2) send a copy of the photo along with the DHS referral letter to the following new address:
U.S. Citizenship and Immigration Services 10 Fountain Plaza, 3rd Floor Buffalo, NY 14202 Attn: Status Verification Office – Photo Tool
The E-Verify photo tool is currently available for both direct employers and designated agents (as of this month). The photo tool will also be made available to web services users who are using a third-party electronic I-9 and E-Verify system, although there has been no requirement or deadline imposed by DHS for those employers to utilize it yet.
After an internal I-9 audit revealed discrepancies, 40 workers at a Target store in Walnut Creek, California quit in response to a request to produce documents demonstrating identity and employment authorization.
A committee has moved two bills to the floor of the Pennsylvania House. One requires construction companies to use the electronic verification system while the other requires any firms receiving taxpayer money to use the system.
A manager at Howard Industries, the Laurel, Mississippi company that was the site of the largest work site raid in US history, has plead guilty to one count of conspiracy. He faces up to five years in prison.
The Central Valley Business Times reports on farmers in the state worried by the recent wave of audits and about an H-2A program that isn't functioning properly.
The Hanover Inn, owned by Dartmouth College, was cited for a number of employment and immigration law violations including lacking I-9s for eight employees (though no accusation of employing anyone illegally present was made).
DHS has announced that it will be adding a new security feature to the E-Verify Photo Tool this month to address employee privacy concerns. As previously reported, the photo screening tool is an automated step in the E-Verify system which prompts employers (and soon, designated agents) to compare an employee’s photo document with a photo displayed in E-Verify. At present, the photo screening tool will only “activate” when an employee presents a recent version of a permanent resident card (I-551) or employment authorization document (EAD) as proof of employment authorization.
The new security feature will add a watermark across the photo which reads “E-Verify Use Only” in order to prevent unauthorized use or manipulation of government-issued photos. In addition, DHS is also changing their mailing address for photo tool case resolutions. The new address will be released through the E-Verify system and appear on the DHS referral letters.
AGRIPROCESSOR EMPLOYEES TO BE RELEASED AND DEPORTED
The Cedar Rapids Gazette reports that 24 former Agriprocessor employees arrested in the raid at the Postville, IA meatpacking company are to be released and most likely deported under their plea agreements.
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