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I-9 E-Verify Immigration Compliance

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  1. ICE to Increase Worksite Immigration Enforcement Actions in Tennessee

    By: Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

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    Immigration and Customs Enforcement (ICE), through Homeland Security Investigations (HSI), plans to increase worksite immigration enforcement actions across Tennessee in 2018, according to Robert Hammer, an assistant special agent in charge of HSI in Nashville, Tennessee. As previously reported, Thomas D. Homan, acting director of U.S. Immigration and Customs Enforcement, has stated there will be 4 to 5 times increase in worksite enforcement actions, usually referred to as inspections, in 2018. See http://blogs.ilw.com/entry.php?10186...-Current-Level.

    Hammer made this statement after the indictment of 20 undocumented workers for using fake IDs to work in a sensitive air cargo area at Memphis International Airport.

    http://blogs.ilw.com/entry.php?10292...mented-Workers. Hammer also stated worksite immigration investigations will likely focus on "critical infrastructure," such as airports, defense contractors, food distribution and other businesses that have an impact on the general safety and welfare of the community. The emphasis on critical infrastructure is because the agency is making it one of its priorities.

    Although the Obama Administration greatly increased worksite immigration enforcement actions from 2009 through 2014, it curtailed these operations in the last two years of its administration. The Trump Administration’s increase will more than double the highest number of worksite immigration enforcement actions under the Obama Administration. Increased enforcement could have a big impact on companies and industries that use immigrant labor, especially in those states which do not require the use of E-Verify.

    If an employer receives a Notice of Inspection from ICE, its I-9 forms may show the employment of undocumented workers and the employer may have knowingly hired unauthorized workers, which is against the law. Alternatively, an employer may not have knowingly hired unauthorized workers but still those undocumented workers must be discharged (unless they quit) or the employer will be fined.

    If you want a full discussion of the possible criminal and civil sanctions against employers for violating immigration laws, I recommend you read my book, The I-9 and E-Verify Handbook, which is available at http://www.amazon.com/dp/0997083379. There are chapters dedicated to civil penalties and criminal sanctions for violating immigration laws.
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