Last week the House subcommittee on immigration policy and enforcement held their first hearing on “ICE Worksite Enforcement – Up to the Job?” The major agenda item was whether or not Immigration and Customs Enforcement (ICE) was adequately enforcing worksite immigration laws.  The Republican members called upon ;their usual sources to diminish the Obama administration’s enforcement efforts, even though Deputy Director of ICE, Kumar Kibble stated quite clearly that ICE has achieved record numbers of investigations, audits, fines, and deportations by citing the below  statistics.  Frankly, after listening to the majority members, one can’t help but wonder if any amount of enforcement would be sufficient to meet their expectations.

Under the Obama administration, ICE has moved  away from raids, and stepped  up the pace of auditing businesses who may be suspect to employing undocumented workers.  However, the emphasis today is more on employers who hire immigrants and not just arresting undocumented immigrants who are working in the factories, the hotels, restaurants and construction businesses.  The vehicle being used to police the workforce is the auditing of I-9 forms,  levying fines and utilizing employer verification tools such as E-Verify and the Ice Mutual Agreement Between the Government and Employers Program.

The Deputy Director cited the following statistics as evidence of the success of ICE’s worksite enforcement: for FY 2010:

• A record 2,746 worksite enforcement investigations, more than doubling the 1,191 cases initiated in FY 2008.
• ICE criminally arrested 196 employers for worksite related violation, surpassing the previous high of 135 in FY 2008.
• ICE also issued a record 2,196 notices of inspection to employers, surpassing the prior year’s record of 1,444 and more than quadrupling the 503 inspections in 2008.
• ICE issued 237 final orders – documents requiring employers to cease violation the law and directing them to pay fines – totaling $6,956,026, compared to the 18 issued for $675,209 in FY 2008.
• The total of $6,956,026 last year represents the most final orders issued since the creation of ICE in 2003.
• In addition worksite investigations resulted in a record $36,611,320 in judicial fines, forfeitures, and restitutions.
• Finally ice brought a new level of integrity to the contracting process by debarring a record 97 businesses and 49 individuals preventing unscrupulous companies from engaging in future business with the government.

The glaring facts that came out of the hearing are that no matter whether it’s worksite raids or company audits with deportations of undocumented aliens, the current state of how foreign born workers are processed into the country is no longer working.  The conversation that we all should be having is the comprehensive reform of how workers are brought into the USA.  We can only hope that the GOP and the Democrats can have civil and reasonable debate that results in meaningful change.  Let’s see what happens.

Tyson Foods, Inc. is the newest member of U.S. Immigration and Customs Enforcement’s (ICE) nationwide program designed to encourage businesses to collaborate with ICE and use hiring best practices to ensure they are maintaining a lawful workforce. Tyson Foods Senior Vice President and Chief Human Resources Officer Ken Kimbro and ICE Director John Morton signed the IMAGE or “ICE Mutual Agreement between Government and Employers,” agreement during a ceremony at ICE headquarters.

Tyson Foods, Inc., which employs almost 100,000 people at locations throughout the United States, is the first major food company to become a full member of ICE’s IMAGE program.

For those of you who are not familiar with the IMAGE program — it’s voluntary and allows businesses to partner with ICE as part of their efforts to maintain an authorized workforce and protect themselves from the use of fraudulent identity documents by current or prospective employees. This program compliments the ICE  worksite enforcement strategy, which focuses on holding employers accountable who knowingly hire unauthorized workers to minimize operating costs and boost profits.

“ICE’s collaboration with Tyson Foods illustrates this administration’s commitment to working with industry to encourage a culture of compliance with U.S. employment laws,” said Morton. “Tyson Foods is setting the gold standard for Fortune 500 companies everywhere, and ICE is proud to be partnering with the company in this significant effort to protect our nation’s lawful workforce.”

“We believe our participation in IMAGE confirms Tyson uses best hiring practices to maintain a lawful workforce,” Kimbro said. “We use all available tools provided by the U.S. government to verify the documents of the people we hire. We’ve also gone beyond government tools, spending millions of dollars over the years on such things as training, computer systems and help from outside consultants to make sure we’re employing people who are authorized to work in our country.”

To become certified, Tyson was subject to an I-9 audit and other checks by ICE. The company met other IMAGE requirements with programs it already has in place. For example:

• The company conducts regular self-assessments or internal audits of its hiring activities. The company also uses an independent, outside company to conduct its own audits of the company’s hiring practices.

• Tyson voluntarily participates in the online government employment verification program known as E-Verify and has since 1998. The company also voluntarily uses the ‘Social Security Number Verification Service.’

• Tyson trains all of its employment managers on the hiring process, proper completion of the Form I-9 and on document examination and fraud detection.

All IMAGE members must participate in the Department of Homeland Security (DHS) E-Verify employment eligibility verification program. Through this program, employers can verify that newly hired employees are eligible to work in the United States.

Upon enrollment in and commitment to the IMAGE Best Employment Practices, program participants are deemed “IMAGE certified,” a distinction DHS and ICE believe will become an industry standard. IMAGE also provides to all employers free training on the Form I-9, fraudulent document detection, and building a solid immigration compliance model.

The Announcement of a New Compliance Inspection Center to support Worksite Enforcement and Expedite Form I-9 Audits

Note that during today’s signing ceremony, Director Morton also announced the creation of an employment compliance inspection center in Crystal City, Va. This center will be home to 15 auditors who will support ICE’s worksite enforcement strategy by helping agency field offices around the country expedite Form I-9 audits of businesses selected for inspection by ICE. ICE considers Form I-9 audits as now being one of the most powerful tools the federal government has to ensure that businesses are complying with U.S. employment laws. From fiscal year 2009 to date, ICE has initiated Form I-9 inspections against 3,769 businesses across the nation.

Our January 2011 newsletter with I-9 and E-Verify updates and US and Canadian immigration news is now available.

If you haven’t had a look at our I-9 Employer Resource Center, please take a minute to do so, fill out the Survey and send it along to us:  www.I-9Audits.com

USCIS released a revised January 5, 2011 version of the I-9 Employer Handbook today.  Our office received an emailed  Press Release from USCIS Director Alejandro N. Mayorkas announcing the release of the Handbook that is published in cooperation with the Department of Homeland Security partners. Director Mayorkas states:

“By law, U.S. employers must verify the identity and employment authorization for every worker they hire after November 6, 1986, regardless of the employee’s immigration status. To comply with the law, employers must complete Form I-9, Employment Eligibility Verification. The Handbook for Employers is a guide for employers in the Form I-9 process.

It has been revised and updated with new information about applicable regulations, including new regulations about electronic storage and retention of Forms I-9; it clarifies how to process an employee with a complicated immigration status; and, it addresses public comments and frequently asked questions. We thank the many stakeholders who have provided comments on the Form I-9 process and the Handbook since the Handbook was last revised (Rev. 7/31/2009).

Some of the many improvements, new sections, and tools included in The Handbook for Employers are:

• 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.

We are pleased to release this revised and updated handbook. We are hopeful it will serve as a useful guide for employers complying with the Form I-9 process.”

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Should you have questions following the reading and review of the new Handbook, please contact our compliance team at Immigration Solutions.  Should you require compliance services and solutions, our talented team is ready to assist you.

We reference below what’s new with E-Verify for those of our readers who are enrolled in the system.

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 here 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 the 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!  Go to the E-Verify website and click on Sign Up for a Webinar for a complete schedule.

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

Here’s the link to the new E-Verify Newsletter

It is common knowledge that the U.S. government has been performing widespread investigations and audits of employers cracking down on the employment of undocumented workers.  Immigration and Customs Enforcement (“ICE”) recently reported record-breaking figures citing the highest deportation numbers and the most employer audits in our nation’s history.

Because of this, employer compliance is becoming more complex and enforcement activities are increasing at a record rate. The days of thinking that immigration enforcement is only targeting industries that employ a diverse workforce, such as health care, hospitality, restaurant, garment and the construction business, are long gone. Every employer must be aware of immigration laws as they relate to the processing and management of their I-9 forms and other compliance programs.  Many audits have resulted in fines for well known and respectable employers, large organizations and those that employ foreign workers, as well as small businesses that unintentionally filled out I-9 forms incorrectly.  Document mistakes – missing signatures, dates, over-documentation problems on I-9’s, have resulted in fines from $110 to $1,100 per mistake.

A recent examples of an I-9 document violation is a Colorado restaurant franchise that was fined $32K after an ICE inspection – not for hiring any illegal workers, but for I-9 document errors.

Chipotle Restaurant chain in Minnesota has recently been in the news for hiring illegal employees.  Pursuant to an ICE I-9 audit, Chipotle was forced to terminate some 50 workers.  There appears to be widespread I-9 restaurant investigations taking place in Minnesota.  Other restaurant chains in the area such as McDonald’s and Sizzler are concerned and have begun to proactively look into E-verify, the Internet-based system operated by USCIS in partnership with the Social Security Administration (SSA) that is free to employers and available in all 50 states.

The key to I-9 compliance for most organizations starts with a thorough self-examination of existing paper I-9’s, E-Verify submissions (if applicable), standard operating procedures, and past practices.   It is recommended that you consult with a licensed immigration or employment attorney who is knowledgeable in the practice of  employer compliance, specifically I-9 audits, training and policy development that can possibly save you thousands of dollars in fines and penalties.

Visit our new I-9 Employer Resource Center for helpful information and for our services and solutions.

Employers can no longer afford to think that because they don’t hire foreign nationals, they don’t have any I-9 issues or need to comply with I-9 immigration regulations. The I-9 form is required documentation for all US citizens and non-citizens …every single employee must fill out an I-9 Form.

In our employer compliance audit practice, we find that every employer has I-9 violations, from minor clerical errors and unintentional mistakes, to document discrimination issues due to lack of training on I-9 regulations and document requirements.

Immigration attorneys, HR professionals, auditing firms and other professionals, if skilled in the practice area of employer compliance audits, could qualify as a viable vendor in handling I-9 audits, training and policy development.

There are a lot of do and don’t lists, blog postings, podcasts, free seminars and more on this topic which is why you should most particularly pay close attention as to whether or not the provider has a broad understanding of employer immigration compliance law and policy.  Discuss with them their previous and current experience, can they answer your questions, what services do they provide, what solutions are they proposing to suit your specific needs, and what type of follow-up consultation do they provide post-I-9 project completion.

Immigration Solutions regularly represents clients from all industries in developing effective I-9 policies and compliance programs. We assist our clients proactively in establishing and maintaining effective corporate policies and procedures, before one of the five government agencies involved with enforcement knocks on your door.

There’s a big shift that’s taken place with immigration policy with the GOP at the helm in the House; namely John Boehner (R-Ohio) and extremist Steve King (R-Iowa), who will likely chair the House Subcommittee on Immigration.  It has been speculated, in the new Congress, that Lamar Smith (R-TX) the current Ranking Member of the House Judiciary Committee will be named chair of that committee.

House Republications have already said that they will focus on border security and immigration enforcement over any future immigration reform. King favors changes to birthright citizenship to keep US-born children of illegal immigrants from receiving citizenship and argues more states should pass immigration crackdowns like Arizona’s SB 1070.  He has also pushed for more border enforcement and an electrified fence along the border to keep illegal immigrants out and has stated, “We do that with livestock all the time”.  Boehner will set a good deal of the agenda, and is likely to follow some of the plans mentioned in the Pledge to America that was released in September.

This most certainly will be a challenging shift from how current Speaker Nancy Pelosi (D-CA), and how other leading Democrats handled immigration issues.  Particularly, we can expect proposals that increase penalties for immigration-related crimes and make the removal of immigrants with criminal convictions easier.  Add to this the fact that both Smith and King have supported proposals that authorize state and local law enforcement officers to enforce immigration laws; and lastly, it’s been said that we can expect increased scrutiny of DHS enforcement practices by Congress and increases in funding for both border and interior enforcement.

For more on this, we link to the AILA Advocacy article released today.

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

The president and principal shareholder of Brownwood Furniture,  Rick Vartanian, is charged in a criminal action with one count of obstruction of justice and one misdemeanor count of continuing to employ unauthorized workers. Court documents from November 2009 indicate that 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.

This action comes  not more than 3 weeks following previous action taken against Brownwood Furniture’s vice-president, Michael Eberly, charged in a criminal case filed Oct. 12th  with one count of continuing employment of unauthorized workers, a misdemeanor. Eberly is scheduled to make his initial court appearance Nov. 19th.  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.

The investigation was a result of an anonymous tip  that resulted in an investigation in July 2009 where it was discovered that 61 of the firm’s 73 employees had submitted invalid documents to obtain their jobs. After HSI notified the company about the discrepancies, the executives told investigators the unauthorized workers had been terminated. However, when HSI agents executed a search warrant at the business in Dec. 2009, they encountered 30 unauthorized workers, 18 of whom had purportedly been terminated following the July audit.

We refer to the ICE Press Release

Through a recently leaked memorandum to the public, it was revealed that  Immigration Services fraud prevention officers have been urged to check social networking websites such as MySpace, Facebook, Classmates, amongst others, when investigating cases.

The memo is directed at officers of USCIS’ Fraud Detection and National Security Directorate (FDNS), a unit of the agency that investigates pending and approved immigration petitions to verify the information in those petitions.

The memo suggests that its agents attempt to “friend” citizenship petitioners and their beneficiaries on social networks in the hope that these users allow agents to monitor their activities for evidence of suspected fraud, including evidence that their relationships might not live up to the USCIS’ standard of a legitimate marriage.

The presumptions in the memorandum concerning those that participate in social networking websites are quite disconcerting.  Additionally, there is no mention whether or not DHS agents are required to reveal their government affiliation or their real name during the friend request while monitoring activities, leaving open the possibility that agents could actively deceive online users wile monitoring the websites.

A word to the wise should be sufficient. We urge those who are going through the immigration process to use discretion in what they share about their particular situations in chat rooms and social networking websites.