Government Executive
By Charles S. Clark cclark@govexec.com November 9, 2011
A year-old decision by the Labor Department to discontinue certain citizenship checks on employees of federal contractors is drawing fire from immigration reform groups, who view it as government "shirking" its responsibility to curb hiring of illegal workers.
At issue is whether the Labor office that monitors contractor compliance with anti-discrimination laws can leave it to the Homeland Security Department's Immigration and Customs Enforcement bureau to verify workers' immigration status.
Full Story: http://www.govexec.com/dailyfed/1111/110911cc5.htm
Showing posts with label ICE. Show all posts
Showing posts with label ICE. Show all posts
Tuesday, November 15, 2011
Monday, April 25, 2011
Revised Inter-agency Agreement Clarifies Worksite Enforcement Directives
Immigration Daily
ilw.com
by John Fay
Yesterday, the US Department of Labor (DOL) and the Department of Homeland Security (DHS) signed a revised Memorandum of Understanding (MOU) which clarifies the ways in which the two agencies will coordinate their respective civil worksite enforcement initiatives. Historically, both agencies have worked together pursuant to a 1998 MOU which promoted the shared interests of having a legal workforce that is protected under the full range of fair employment standards. Despite this long-standing agreement, it has never been entirely clear to what extent the two agencies would conduct coordinated or joint enforcement activities (the dreaded one-two punch). Yesterday’s MOU revision clarifies that while both agencies are encouraged to share pertinent worksite information (which would be relevant to the other), employers should generally not expect both DOL and ICE worksite investigations at the same time. Nevertheless, employers should take note that there are limited circumstances (see below) when dual investigations are not only permitted, but also very likely. Plus, when it comes to worksite enforcement, policy and practice have been known to diverge on occasion.
Full Story: http://www.ilw.com/articles/2011,0421-fay.shtm
ilw.com
by John Fay
Yesterday, the US Department of Labor (DOL) and the Department of Homeland Security (DHS) signed a revised Memorandum of Understanding (MOU) which clarifies the ways in which the two agencies will coordinate their respective civil worksite enforcement initiatives. Historically, both agencies have worked together pursuant to a 1998 MOU which promoted the shared interests of having a legal workforce that is protected under the full range of fair employment standards. Despite this long-standing agreement, it has never been entirely clear to what extent the two agencies would conduct coordinated or joint enforcement activities (the dreaded one-two punch). Yesterday’s MOU revision clarifies that while both agencies are encouraged to share pertinent worksite information (which would be relevant to the other), employers should generally not expect both DOL and ICE worksite investigations at the same time. Nevertheless, employers should take note that there are limited circumstances (see below) when dual investigations are not only permitted, but also very likely. Plus, when it comes to worksite enforcement, policy and practice have been known to diverge on occasion.
Full Story: http://www.ilw.com/articles/2011,0421-fay.shtm
Tuesday, October 19, 2010
Abercrombie & Fitch fined after I-9 audit
US Immigrations and Customs Enforcement
News Release
September 28, 2010
DETROIT - U.S. Immigration and Customs Enforcement's (ICE) Office of Homeland Security Investigations (HSI) announced today a $1,047,110 fine settlement reached with the clothing retailer Abercrombie & Fitch for violations of the Immigration and Nationality Act related to an employer's obligation to verify the employment eligibility of its workers.
The settlement is the result of a November 2008 Form I-9 inspection of Abercrombie & Fitch's retail stores in Michigan. The audit uncovered numerous technology-related deficiencies in Abercrombie & Fitch's electronic I-9 verification system. The company was fully cooperative during the investigation and no instances of the knowing hire of unauthorized aliens were discovered. Since the initial inspection, Abercrombie & Fitch has taken measures to revise its immigration compliance program, and has begun to implement new procedures to prevent future violations of federal immigration laws.
"Employers are responsible not only for the people they hire but also for the internal systems they choose to utilize to manage their employment process and those systems must result in effective compliance," said Brian M. Moskowitz, special agent in charge of ICE HSI for Ohio and Michigan "We are pleased to see Abercrombie working diligently to complete the implementation of an effective compliance system; however, we know that there are other companies who are not doing so. This settlement should serve as a warning to other companies that may not yet take the employment verification process seriously or provide it the attention it warrants."
Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual's identity and employment eligibility document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual. Additionally, an employer must ensure that the employee provides certain information regarding his or her eligibility to work on the Form I-9.
In 2009, ICE implemented a new, comprehensive strategy to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce. Under this strategy, ICE is focusing its resources on the auditing and investigation of employers suspected of cultivating illegal workplaces by knowingly employing illegal workers. In the last year, ICE has leveled a record number of civil and criminal penalties against employers who violate immigration laws.
For the most up-to-date ICE information, sign up for ICE e-mail alerts. You may also visit us on Twitter and YouTube.
-- ICE --
http://www.ice.gov/pi/nr/1009/100928detroit.htm
News Release
September 28, 2010
DETROIT - U.S. Immigration and Customs Enforcement's (ICE) Office of Homeland Security Investigations (HSI) announced today a $1,047,110 fine settlement reached with the clothing retailer Abercrombie & Fitch for violations of the Immigration and Nationality Act related to an employer's obligation to verify the employment eligibility of its workers.
The settlement is the result of a November 2008 Form I-9 inspection of Abercrombie & Fitch's retail stores in Michigan. The audit uncovered numerous technology-related deficiencies in Abercrombie & Fitch's electronic I-9 verification system. The company was fully cooperative during the investigation and no instances of the knowing hire of unauthorized aliens were discovered. Since the initial inspection, Abercrombie & Fitch has taken measures to revise its immigration compliance program, and has begun to implement new procedures to prevent future violations of federal immigration laws.
"Employers are responsible not only for the people they hire but also for the internal systems they choose to utilize to manage their employment process and those systems must result in effective compliance," said Brian M. Moskowitz, special agent in charge of ICE HSI for Ohio and Michigan "We are pleased to see Abercrombie working diligently to complete the implementation of an effective compliance system; however, we know that there are other companies who are not doing so. This settlement should serve as a warning to other companies that may not yet take the employment verification process seriously or provide it the attention it warrants."
Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual's identity and employment eligibility document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual. Additionally, an employer must ensure that the employee provides certain information regarding his or her eligibility to work on the Form I-9.
In 2009, ICE implemented a new, comprehensive strategy to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce. Under this strategy, ICE is focusing its resources on the auditing and investigation of employers suspected of cultivating illegal workplaces by knowingly employing illegal workers. In the last year, ICE has leveled a record number of civil and criminal penalties against employers who violate immigration laws.
For the most up-to-date ICE information, sign up for ICE e-mail alerts. You may also visit us on Twitter and YouTube.
-- ICE --
http://www.ice.gov/pi/nr/1009/100928detroit.htm
Monday, November 30, 2009
ICE Announces Another 1,000 I-9 Worksite Audits; USCIS to conduct 25,000 site visits
Bloggers and other websites have begun to report on increasing enforcement activity against illegal immigration and the potential misuse of H1B visas. Here is an excerpt from one of the blogs:
Visa Lawyer Blog
November 22, 2009
Not an easy time to a US employer these days. Between ICE raids and USCIS H1B site visits, the stress level is on the rise. Here is the latest update - U.S. Immigration and Customs Enforcement (ICE) announced the issuance of Notice of Inspections (NOIs) to 1,000 employers across the country associated with critical infrastructure. This follows an earlier initiative on July 1, 2009 when ICE issued 652 NOIs to businesses nationwide. The notices alert business owners that ICE will be inspecting their hiring records to determine whether or not they are complying with employment eligibility verification laws and regulations. Inspections are one of the most powerful tools the federal government has to enforce employment and immigration laws. This is part of a new initiative illustrating ICE's increased focus on holding employers accountable for their hiring practices and efforts to ensure a legal workforce.
"ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces," said ICE Assistant Secretary John Morton. "We are increasing criminal and civil enforcement of immigration-related employment laws and imposing smart, tough employer sanctions to even the playing field for employers who play by the rules."Audits involve a comprehensive review of Form I-9s, which employers are required to complete and retain for each individual hired in the United States. Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual's identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual.
Protecting employment opportunities for the nation's lawful workforce and targeting employers who knowingly employ an illegal workforce are major ICE priorities, for which ICE employs all available civil and administrative tools, including audits. Audits may result in civil penalties and lay the groundwork for criminal prosecution of employers who knowingly violate the law.
Full Blog Post: http://www.visalawyerblog.com/
Visa Lawyer Blog
November 22, 2009
Not an easy time to a US employer these days. Between ICE raids and USCIS H1B site visits, the stress level is on the rise. Here is the latest update - U.S. Immigration and Customs Enforcement (ICE) announced the issuance of Notice of Inspections (NOIs) to 1,000 employers across the country associated with critical infrastructure. This follows an earlier initiative on July 1, 2009 when ICE issued 652 NOIs to businesses nationwide. The notices alert business owners that ICE will be inspecting their hiring records to determine whether or not they are complying with employment eligibility verification laws and regulations. Inspections are one of the most powerful tools the federal government has to enforce employment and immigration laws. This is part of a new initiative illustrating ICE's increased focus on holding employers accountable for their hiring practices and efforts to ensure a legal workforce.
"ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces," said ICE Assistant Secretary John Morton. "We are increasing criminal and civil enforcement of immigration-related employment laws and imposing smart, tough employer sanctions to even the playing field for employers who play by the rules."Audits involve a comprehensive review of Form I-9s, which employers are required to complete and retain for each individual hired in the United States. Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual's identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual.
Protecting employment opportunities for the nation's lawful workforce and targeting employers who knowingly employ an illegal workforce are major ICE priorities, for which ICE employs all available civil and administrative tools, including audits. Audits may result in civil penalties and lay the groundwork for criminal prosecution of employers who knowingly violate the law.
Full Blog Post: http://www.visalawyerblog.com/
Tuesday, February 17, 2009
The Brave New World of Electronic I-9s
Workforce Management
January 2009
Nearly three years ago, U.S. Immigration and Customs Enforcement issued an interim rule that allows employers to continue completing I-9 forms on paper while storing the forms electronically. However, its guidance stops short of identifying which systems will be acceptable under the law. Here are some of the issues that organizations should keep in mind when it comes to electronic storage of these required documents.
In April 2005, Public Law 108-390 came into effect, permitting employers to store electronic versions of completed I-9 forms rather than paper versions. Specifically, the new law allows I-9s, which are the forms that employers must complete to show that an employee is eligible to work in the U.S., to be completed and signed electronically. No regulations have as yet been promulgated by U.S. Immigration and Customs Enforcement. However, in June 2006, ICE issued an interim rule that mirrors its previous guidance on this matter. According to the interim rule, employers who choose to sign and store I-9s electronically should follow this guidance until final regulations are published.
The electronic I-9 law did not change any of the previous requirements for employers regarding the completion of I-9 forms for all employees hired on or before November 6, 1986.
The interim rule allows employers the option to continue to complete I-9s on paper while storing the forms electronically, although ICE has not yet clarified whether such paper versions may be discarded. Alternatively, under the new law and pursuant to the ICE guidelines, employers may now both complete and retain I-9s electronically.
However, the guidance stops short of identifying which systems will be acceptable under the law. ICE acknowledges in its guidance that there is no single government-wide electronic signature or storage protocol. The ICE guidance suggests that employers may wish to adopt the electronic storage and signature standards of a federal government agency, such as the Internal Revenue Service, until ICE issues the relevant regulations on this topic. U.S. Citizenship and Immigration Services has implemented an electronic signature mechanism for its "e-filing" procedures that requires users to "e-sign" electronic documents by selecting a checkbox that indicates approval of the information contained in the form. The ICE guidance mentions signature methods such as electronic signature pads, personal identification numbers, biometrics and "click to accept" dialogue boxes. The ICE guidance also suggests that employers use a quality assurance program to evaluate their electronic signature and storage systems to ensure integrity.
With respect to I-9 maintenance for inspection purposes, ICE suggests that employers use indexing systems and employ printing functions so that employers will be able to access and print hard copies of specific I-9 forms upon the request of the government—typically meaning ICE or the Department of Labor. As HR readers know, upon notification of an audit, employers are required to produce I-9s and requested supporting documents for inspection within three business days. The ICE interim rule on electronic I-9s states that at the time of inspection, "Forms I-9 must be made available in their original paper, electronic form, a paper copy of the electronic form, or on microfilm or microfiche." In addition, the interim rule states that employers must provide to requesting government agencies the "resources, such as hardware and software, necessary to locate, retrieve, read and reproduce any electronically stored Forms I-9."
Full Story: http://www.workforce.com/section/03/feature/26/10/61/index.html
January 2009
Nearly three years ago, U.S. Immigration and Customs Enforcement issued an interim rule that allows employers to continue completing I-9 forms on paper while storing the forms electronically. However, its guidance stops short of identifying which systems will be acceptable under the law. Here are some of the issues that organizations should keep in mind when it comes to electronic storage of these required documents.
In April 2005, Public Law 108-390 came into effect, permitting employers to store electronic versions of completed I-9 forms rather than paper versions. Specifically, the new law allows I-9s, which are the forms that employers must complete to show that an employee is eligible to work in the U.S., to be completed and signed electronically. No regulations have as yet been promulgated by U.S. Immigration and Customs Enforcement. However, in June 2006, ICE issued an interim rule that mirrors its previous guidance on this matter. According to the interim rule, employers who choose to sign and store I-9s electronically should follow this guidance until final regulations are published.
The electronic I-9 law did not change any of the previous requirements for employers regarding the completion of I-9 forms for all employees hired on or before November 6, 1986.
The interim rule allows employers the option to continue to complete I-9s on paper while storing the forms electronically, although ICE has not yet clarified whether such paper versions may be discarded. Alternatively, under the new law and pursuant to the ICE guidelines, employers may now both complete and retain I-9s electronically.
However, the guidance stops short of identifying which systems will be acceptable under the law. ICE acknowledges in its guidance that there is no single government-wide electronic signature or storage protocol. The ICE guidance suggests that employers may wish to adopt the electronic storage and signature standards of a federal government agency, such as the Internal Revenue Service, until ICE issues the relevant regulations on this topic. U.S. Citizenship and Immigration Services has implemented an electronic signature mechanism for its "e-filing" procedures that requires users to "e-sign" electronic documents by selecting a checkbox that indicates approval of the information contained in the form. The ICE guidance mentions signature methods such as electronic signature pads, personal identification numbers, biometrics and "click to accept" dialogue boxes. The ICE guidance also suggests that employers use a quality assurance program to evaluate their electronic signature and storage systems to ensure integrity.
With respect to I-9 maintenance for inspection purposes, ICE suggests that employers use indexing systems and employ printing functions so that employers will be able to access and print hard copies of specific I-9 forms upon the request of the government—typically meaning ICE or the Department of Labor. As HR readers know, upon notification of an audit, employers are required to produce I-9s and requested supporting documents for inspection within three business days. The ICE interim rule on electronic I-9s states that at the time of inspection, "Forms I-9 must be made available in their original paper, electronic form, a paper copy of the electronic form, or on microfilm or microfiche." In addition, the interim rule states that employers must provide to requesting government agencies the "resources, such as hardware and software, necessary to locate, retrieve, read and reproduce any electronically stored Forms I-9."
Full Story: http://www.workforce.com/section/03/feature/26/10/61/index.html
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