Showing Posts In "Immigration and E-Verify" Category

Employer Cannot Join E-Verify Without Bargaining With Union

In a recent case involving an unfair labor practice charge, the National Labor Relations Board concluded that the obligation of unionized employers to enter into bargaining with the union before making material changes to terms and conditions of employment applied to an employers unilateral decision to enroll in the Department of Homeland Securitys E-Verify system. […]

McCaskill Introduces Bill to Make Voluntary E-Verify System Mandatory

In August, Senator Claire McCaskill introduced the E-Verify System Act of 2018, which would require all employers to use the E-Verify system to ensure that newly hired employees are either United States citizens or foreign nationals authorized to work in the U.S. legally. Under current law, employers are required to examine documents presented by new […]

Form I-9 Immigration and Employment Law Alert: The Time is Now for a Proactive Audit

With Immigration and Customs Enforcement (ICE) workplace audits on the rise, especially in California, employers are advised to make the I-9 form a top priority. Under federal law, all employers in the United States are required to complete this form to verify the identity and employment eligibility of new hires. Section 1 must be completed […]

Latest ICE Aggressive Enforcement Targets Northern Ohio Meat Processing Plant

The arrest of more than 140 workers at four meat processing plants in Ohio as part of an Immigration and Custom Enforcement (ICE) raid on June 19, 2018, is being called the largest workplace raid in recent history. The business, Fresh Mark, a member of ICEs voluntary ICE Mutual Agreement between Government and Employers (IMAGE) […]

ICE Delivers More Than 5,200 I-9 Audit Notices to Businesses Across the US in 2-Phase Nationwide Operation

U.S. Immigration and Customs Enforcements (ICE) Homeland Security Investigations (HSI) recently announced the results of a two-phase nationwide operation in which I-9 audit notices were served to more than 5,200 businesses around the country since the start of the year. During the first phase from late January to March 30, HSI served 2,540 Notice of […]

ICE I-9 Audits on the Rise: Act Today to Prevent Issues Tomorrow

Immigration and Customs Enforcement (ICE) has increased worksite enforcement actions by more than 50 percent, including 3,510 worksite investigations, 2,281 I-9 audits and 594 criminal and 610 administrative worksite-related arrests. ICE views its actions as fulfilling its obligations under the Administrations By American, Hire American (BAHA) Executive Order. California has seen the most ICE/Homeland Security […]

A Double Whammy for California Employers: Heightened Immigration Investigations and New Fines

A new California law imposes new and different obligations on California public and private employers for immigration worksite visits, activities and enforcement by federal government agencies. The Californias Immigrant Worker Protection Act (IWPA), which became effective Jan. 1, 2018, creates new fines for failure to comply with its obligations. To comply with the IWPA, California […]

ICE Storm: Immigration Compliance Threats to the Hospitality Industry

With an estimated 11 million undocumented individuals living in the United States, just about every industry employs foreign nationals without proper work authorization. The hospitality industry is especially prone to problems and ever since the Obama administration began a new worksite enforcement initiative in 2009, hospitality has been a target industry for immigration compliance investigations. […]

Response Protocol for I-9 Audit and Immigration Raid

A Form I-9 Audit begins when Immigration and Customs Enforcement (ICE) serves a Notice of Inspection to a company representative requesting a review of the companys I-9 forms for every employee. ICE may not request any personnel file that goes beyond a current and past employees list with social security information. A Notice of inspection […]

ICE Confirms 150-Plus Arrests in California Sweep, Slams Schaafs Early Warning

Oakland Mayor Libby Schaaf recently alerted the city that Immigration and Customs Enforcement (ICE) agents soon would be conducting workplace raids and now she is being investigated to see she broke any laws by issuing the warning. It is Oaklands legal right to be a sanctuary city and we have not broken any laws, she […]

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