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By Bruce Buchanan, Siskind Susser PC
The Congressional Research Service recently issued a report reviewing performance measures of Immigration and Customs Enforcement (ICE). As you can see below, before FY 2008, when ICE introduced its Culture of Compliance - emphasizing inspections/audits of employers’ I-9 forms, ICE assessed few, if any, fines against employers.
Final Orders and Civil Fines – FY 2006-2014
Fiscal Year Final Orders Issued Civil Fines Imposed
2006 0 $0
2007 2 $26,560
2008 18 $675,209
2009 52 $1,033,291
2010 237 $6,956,026
2011 385 $10,463,988
2012 495 $12,475,575
2013 637 $15,808,365
2014 642 $16,275,821
To date in FY 2015, ICE is on pace to match the approximately $16 million in civil fines imposed in FY 2014.
Criminal Fines and Forfeitures, Worksite Enforcement Investigations, FY2006-2014
Fiscal Year Criminal Fines and Forfeitures Imposed
As you can see below, criminal indictments and convictions have varied over the past 10 years with the high point being FY 2008.
Criminal Indictments and Convictions, Worksite Enforcement - FY 2006-2014
Fiscal Year Indictments Convictions
2006 411 340
2007 750 561
2008 900 908
2009 292 287
2010 309 282
2011 347 364
2012 318 292
2013 296 319
2014 327 312
I expect the criminal indictments will be increasing in FY 2015 due to ICE’s renewed emphasis on seeking criminal indictments, fines, and forfeitures.
Updated 07-22-2015 at 10:19 AM by BBuchanan
By Bruce Buchanan, Siskind Susser
The former owner of Danny’s Family Car Wash and more than a dozen of the company’s former managers and supervisors, were sentenced in federal court in Arizona last month. The defendants pleaded guilty to their roles in a multi-year corporate scheme involving identity theft to employ undocumented immigrants.
The investigation into the company was led by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and resulted in the arrest of more than 30 suspects including operators, managers, and employees connected with Danny’s Family Car Wash.
Beginning in April 2011, the car wash was audited by ICE HSI agents and forced to terminate over 900 employees after the audit found employees had presented fraudulent, insufficient, or ineligible documents at the time of their initial hire. The company attempted to replace the 900 employees with individuals who were authorized to work, but according to ICE those legal replacements were “too expensive” and the car wash’s owner, Danny Hendon, instructed his managers to “bring back” the old employees.
As a result, Danny’s Family Car Wash was found to have engaged in a multi-year, company-wide scheme to rehire undocumented immigrants using stolen identities in order to pass E-Verify checks. The scheme continued until August 2013, when ICE HSI special agents executed search warrants at the car wash’s corporate headquarters and at various worksite locations. Over 230 unauthorized aliens were found working at the car wash’s locations on the day of the search.
Danny’s Family Carwash owner, Danny Hendon, was sentenced to 12 months in prison and one year of home confinement. The corporate entities that composed the car wash chain forfeited bank accounts totaling $156,295.77, and Hendon agreed to divest himself of any future ownership, managerial or profit-sharing interest in the organization. The other defendants received sentences ranging from probation to three months in prison.
This case is reminiscent of the Grand America Hotel and Waste Disposal cases in which company managers rehired unauthorized employees following compliance audits.
A copy of the press release from ICE HSI can be found here.
Cite as United States v. Danny’s Management Services LLC, et al., No. 13-CR-01143-PHX-NVW (D. Ariz.)
[FONT=Arial][COLOR=#000000]Immigration and Customs Enforcement (ICE) has recently begun to cross-train its attorneys. Specifically, ICE attorneys, who have been handling Immigrant Court cases and other matters, are receiving training in ICE’s worksite enforcement duties. This training involves one–week classes and/or observing ICE worksite enforcement attorneys. What does this mean for ICE’s worksite enforcement work? To me, it implies that ICE is getting ready to increase its enforcement activities and needs more attorneys familiar with this work. Time will tell if this is correct.