A group of 8 bipartisan senators have reached a deal on the outline of a comprehensive immigration overhaul, a development that is long overdue and will assist in framing the forthcoming immigration debate in Congress.  Senator Schumer has stated that it is their plan that this can be turned into legislation by March and put into law by mid-late summer 2013.

According to a five-page document released today, the proposal provides a broad-based approach,  agreed to in principle by eight senators, that seeks to overhaul the immigration system and create a pathway to citizenship for the nation’s roughly 11 million illegal immigrants.

Although all that we have focused on for years now is nothing else but border and enforcement issues and employment verification, the proposal takes enforcement to the next level by perfecting an entry/exit tracking system, and greater usage of E-Verify or a new and improved E-Verify system that is referred to as “fast and reliable.”

Legislators will create a commission comprised of border governors, attorneys general and community leaders living along the southwest border to monitor the progress of securing the border and to make a recommendation regarding when the bill’s security measures outlined in the legislation are completed.

While security measures are put in place, those who came and remained in the USA without permission, will be required to register with the government.  This will include background checks, paying a fine and back taxes to earn probationary legal status to continue to live and work legally in the USA.

Once enforcement measures have been completed, those in probationary legal status will be required to go to the back of the line to wait their turn, pass an additional background check, pay taxes, learn English and civics and demonstrate a history of work in the US and current employment, among other requirements, to earn the opportunity to apply for lawful permanent residency (green-card) status.  Those who successfully  complete these requirements can eventually earn a green-card (legal permanent residence).

Special provisions will be accorded to the Dreamers (minor children who did not knowingly choose to violate any immigration laws) who will have different requirements that will include a pathway to citizenship..  Individuals who have been working illegally in the agricultural industry performing difficult work for low wages to ensure the safety of the food supply of the US will also be provided special requirements and will have a pathway to citizenship.

Those who graduate from an American University with a Ph.D or Master’s Degree in science, technology, engineering or math (STEM), will be awarded permanent residency (green-card status) to keep the best and brightest talent in the USA.

There are also provisions for a guest worker program referred to as “lower-skilled workers” in the proposal that will meet the needs of employers, the agricultural industry, including dairy, to find agricultural workers and lower skilled immigrants when the economy is creating jobs and fewer when the economy is not creating jobs.  If this is the H-2B program, we sincerely hope that it gets an overhaul – it’s entirely too complicated, takes too long and completely discourages employers by overburdening them with excessive details.

Resources

Please see the senator’s attached Transcript.  It’s certainly a an introduction to a long-awaited immigration conversation that is achievable – but difficult.  A link to a transcript from the President’s speech in NV; and the President’s Immigration Fact Sheet.

What are the differences between the Senate and Obama Plan?

ICE is not backing off sending I-9 audit notices to US employers.  It’s latest  round of 180 NOI’s (Notice of Inspection) were sent to employers March 2nd in 5 Southeastern states:   Louisiana. Alabama, Arkansas Tennessee and Mississippi.  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.

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.

Due to the ongoing, law enforcement sensitive nature of these audits, the names and locations of the businesses will not be released at this time.

We link to the Press Release on the ICE website

A strong reminder to employers: Compliance with immigration law is crucial in this enforcement climate. We are in a historic moment regarding U.S. Immigration reform. Major U.S. companies have been slapped with steep fines for non-compliance with immigration laws and contractors have been closed and even jailed for employing illegal immigrants. Now is the time for prudent companies to implement a Corporate Immigration Compliance Program. Our firm’s years of experience and knowledge with employer compliance and worksite enforcement issues can assist your business in offsetting the extent of sanctions and other ICE enforcement threats.  Because of this, employer compliance is becoming more complex and enforcement (investigations and audits) is increasing.

We have a very informative area on our website  relating to this topic.  Please refer to our services and solutions and contact us if you require assistance with I-9 management, audits or training.

Michigan to consider E-Verify bills on August 19th that would require employers in Michigan to use E-Verify.  H.R. 4355 would require contractors and sub-contractors to utilize the E-Verify system to confirm the employment eligibility of new employees.  H.R. 4969 would prohibit employment agencies from referring candidates to public agencies without first verifyig the candidate’s employment eligibility through E-Verify.

Two Michigan counties have already approved mandates for local contractors.

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Colorado to adopt employment verification regulations: HB 06S-1017) requires that all public and private employers who transact business in Colorado affirm, in written or electronic copy, that it has (1) examined the legal work status of the new employee; (2) retained file copies of the employee’s identification and work authorization documents; (3) not altered or falsified the documents presented by the employee; and (4) not knowingly hired an unauthorized foreign worker.  The employer must make the affirmation within 20 days after hiring the new employee.  The proposed rules include all of the provisions listed above while also defining in detail various audit procedures and applicable fines for noncompliance.

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DHS to publish a proposal to rescind Social Security No-Match: In tomorrow’s proposal, DHS outlines the basis for its policy change, including a detailed description of E-Verify improvements, new worksite enforcement and community outreach efforts that it will be implementing in the near future. In particular, DHS’s worksite enforcement strategy now includes a restructured process for worksite administrative fines, a debarment policy that prevents employers from receiving Federal contracts when they are in violation of worksite laws, and a Document and Benefit Fraud Task Forces (DBFTF) cooperative to combat the vulnerabilities exploited by identity and document fraud organizations.  We link to the Federal Register rule.  Comments are accepted for 30 days.

A “desktop raid” is how the workers’ representative, John M. Grant, vice president of Local 770 of the United Food and Commercial Workers International Union, described the scenario. Overhill, a $200-million-a-year company that provides frozen meals for clients such as American Airlines, Panda Express, Safeway and Jenny Craig, says it had no choice: An Internal Revenue Service audit found that 260 workers had provided “invalid or fraudulent” Social Security numbers. The government took no action against the workers. But Overhill did: All of the employees were fired May 31.  We link to the story

Business Week Magazine started a conversation about a hot topic this month.  We link to the first article in a series that will examine immigration issues amid a recession by Moira Herbst.

124,000 employers in the USA are enrolled in E-Verify, with 10,000 of them in California.  In this climate of workplace enforcement, it’s not surprising that 1,000 employers are signing up every week.  E-Verify is a web-based identification program that enables employers to check whether an employee is authorized to work.  More on this story …