ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE



The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

I-9 E-Verify Immigration Compliance

description

  1. ICE Raids Continue with Raids at Fresh Mark in Ohio

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC



    In the third raid in the past two and a half months and the largest to date, Immigration and Customs Enforcement (ICE), on June 19, 2018, raided Fresh Mark, a large meat supplier. As many as 100 agents from ICE and Customs and Border Protection (CBP), descended upon Fresh Mark’s four facilities in Salem, Massillon and Canton, Ohio. This was the largest ICE raid in over 10 years.

    Although ICE raided four of Fresh Mark’s facilities with federal criminal search warrants, only the Salem facility was the site of arrests. The detained 146 workers are suspected of using stolen/fraudulent identification to gain employment and/or reentry into the United States after deportation.

    Steve Francis, special agent in charge of ICE's Homeland Security Investigations Michigan/Ohio unit, said the raid was the result of more than a year-long investigation into Fresh Mark and its employees, and whether the company knowingly hired and harbored undocumented workers. "It's important that companies know not to willingly participate in the hiring of illegal aliens," said Francis.

    According to Francis, some of the workers who were arrested were taken to detention centers in Michigan and Ohio, while others may be deported immediately. ICE said those who are detained will await removal proceedings. Other workers could potentially be released on humanitarian grounds and given a Notice to Appear (NTA) at an immigration court.

    Fresh Mark, a family-owned company, which employs more than 1,000 employees, sells meat products, such as bacon, deli ham, lunch meats and sausages to restaurants, delis, grocers and stadiums nationwide. The company said it participates in E-Verify, a federal program to ensure employees have proper documentation and conducts an annual internal audit of its I-9 forms. It should be noted if an employee engages in identity theft, E-Verify may not be able to detect the theft and will issue work-authorized verification.

    This raid is further evidence that ICE is dramatically increasing their enforcement actions through raids and ICE audits of employee’s I-9 forms. Furthermore, ICE is now arresting/detaining employees at the raids/audits. In December 2017, ICE's acting director Tom Homan said, "We're not just talking about arresting the aliens at these work sites, we are also talking about employers who knowingly hire people who are unauthorized to work." So far this year, ICE has arrested more than 600 workers that it alleges were working without proper authorization. That number far exceeds the 172 arrests made in 2017, according to ICE.

    To date in FY 2018, there have been 2,282 ICE audits of employers’ I-9 forms. Derek Benner, head of ICE's Homeland Security Investigations unit, said another nationwide wave of audits, like the ICE audits of 7-Eleven in January 2018, planned this summer, would push the total number of audits to "well over" 5,000 by September 30, 2018. If so, that would be almost a 400% increase from fiscal year 2017 and the highest number of ICE audits ever. According to Brenner, ICE has developed a plan to conduct as many as 15,000 I-9 audits a year if it can receive appropriate funding and support from other areas of the Trump administration. The plan calls for creation of an Employer Compliance Inspection Center to perform employer audits at a single location instead of at regional offices around the country.

    It is clear that employer raids will be a frequent tool of ICE. Every employer should be vigilant in their immigration compliance. I would advise employers to meet with their immigration counsel, or obtain immigration counsel, to conduct an internal I-9 audit and draft or review an immigration compliance policy. Though it should be noted, Fresh Mark said it conducts annual I-9 audits.

    If you want to know more information on employer immigration compliance, I recommend you read The I-9 and E-Verify Handbook, a book I co-authored with Greg Siskind, and available at http://www.amazon.com/dp/0997083379.
  2. Honduran nationals sentenced for wire fraud, illegally employing workers

    By: Bruce Buchanan, Sebelist Buchanan Law



    Two unlawfully present Honduran nationals, Anyi Artica-Romero and Milton Noel Romero were sentenced to 18 months in federal prison and 14 months (time served), respectively, for conspiracy to commit wire fraud for their roles in a scheme that created shell companies to mask the unauthorized employment of workers in the construction industry. Additionally, the defendants were also ordered to forfeit more than $800,000 in illegal proceeds from the scheme and pay more than $31,000 in restitution.

    According to court documents, the defendants facilitated the illegal employment of unlawfully present foreign nationals in the construction industry. Construction contractors and subcontractors entered into agreements with shell companies controlled by the defendants to provide workers, most of whom were undocumented aliens, for the contractors and subcontractors. By obtaining and paying the workers through the shell companies, the contractors and subcontractors could disclaim responsibility for ensuring the workers were legally authorized to work in the U.S., state and federal payroll taxes were paid and workers compensation insurance was provided.

    After creating the shell companies, the defendants applied for workers compensation insurance policies covering a period from September 2015 through July 2017. The defendants represented in the applications that the policies would cover up to 19 employees with estimated annual payrolls of no more than $410,800. The insurance companies issued policies based on this fraudulent information in the applications, which the defendants then “rented” to numerous construction contractors and subcontractors employing hundreds of workers with more than $20 million in annual payroll as purported proof of workers compensation insurance required under Florida law.

    The contractors and subcontractors wrote payroll checks to the shell companies for work performed by the workers. The defendants cashed the checks and distributed the cash to construction crew leaders, who then paid the workers in cash. No state or federal payroll taxes were deducted from the workers’ pay, in violation of Florida and federal law.

    The defendants kept approximately four percent of each payroll check as a “rental” fee. During the period of the scheme, they cashed more than $20 million in payroll checks, with the four percent fee totaling more than $800,000 in illegal proceeds.
  3. Employers Beware – EADs for Hondurans on TPS have been Automatically Extended

    By: Bruce Buchanan, Sebelist Buchanan Law



    USCIS has automatically extended, through January 1, 2019, the validity of employment authorization cards for individuals with Temporary Protected Status from Honduras.

    If your employee has an Employment Authorization Document (Form I-766, often referred to as an “EAD”) with an original expiration date of July 5, 2018 and containing the category code “A-12” or “C-19,” this EAD is automatically extended and the employee may continue to work without a new one (and without a receipt notice) through the end of the automatic extension period, January 1, 2019.

    This automatic extension also covers individuals whose EADs contain the category code “A-12” or “C-19” and a January 5, 2018 expiration date, if those individuals applied for a new EAD during the last re-registration period and have not yet received their new EADs. These individuals may show their EAD indicating a January 5, 2018 expiration date and their EAD application receipt (Notice of Action, Form I-797C) that notes the application was received on or after December 15, 2017, as proof of continued employment authorization through January 1, 2019.

    If this situation occurs for a current employee, in Section 1 of their I-9 form, the employee should:

    • Cross out the “employment authorized until” date in Section 1;

    • Write the date that is 180 days from the date their current EAD expires; and

    • Initial and date the change.

    If you want to know more information on employer immigration compliance, I recommend you read The I-9 and E-Verify Handbook, a book I co-authored with Greg Siskind, and available at http://www.amazon.com/dp/0997083379.
  4. The Quiet Before the Storm? A Review of 2017 OCAHO I-9 Penalty Decisions

    By: Bruce Buchanan, Sebelist Buchanan Law




    Today, I am re-publishing my annual review of OCAHO decisions, which was originally published by LawLogix on May 17, 2018.

    The Office of Chief Administrative Hearing Officer (OCAHO) was incredibly quiet in calendar year 2017 issuing only 5 substantive decisions against employers in I-9 penalty cases. This was a sudden change from 2016 when there were 16 substantive decisions against employers in I-9 penalty cases. Why the drastic reduction? Did employers stop committing I-9 violations? Did employers stop appealing decisions by Immigration and Customs Enforcement (ICE)? As recent news clearly illustrates, the answer to both questions is a resounding no.

    The real reason for the reduction in cases is actually much simpler and less provocative: turnover of Administrative Law Judges at OCAHO…..

    [I]t’s still worthwhile to review the substantive cases that were issued in 2017, in the hopes that employers can benefit in the future (when cases are once again likely to increase).

    For remainder of article go to https://www.lawlogix.com/the-quiet-b...lty-decisions/.

    If you want to know more information on employer immigration compliance, I recommend you read The I-9 and E-Verify Handbook, a book I co-authored with Greg Siskind, and available at http://www.amazon.com/dp/0997083379.

    Updated 06-11-2018 at 02:57 PM by BBuchanan

  5. ICE Raids are Back: ICE Raids Ohio Flower and Garden Center

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC



    If there was any feeling that the Bean Station raid was isolated and motivated by the IRS, those feelings are gone with this week’s raids by ICE of Corso’s Flower and Garden Center in Sandusky, Ohio and Castalia, Ohio. This is the second ICE raid in two months with the earlier one occurring at a meat slaughterhouse in Bean Station, Tennessee.

    On Tuesday, June 5, approximately 200 ICE agents swarmed these two plant nurseries and detained approximately 114 workers suspected of being in the country without proper work authorization. The workers were taken to various detention facilities in Michigan and Ohio, where they are expected to be placed into deportation proceedings and many are expected to be criminally charged with identity theft and tax evasion.

    An unknown number of detainees were released for a variety of humanitarian reasons, "including health, or primary care for a minor child", according to ICE spokesman Khaalid Walls.

    One interesting twist is before ICE agents entered the Sandusky facility, an undercover officer entered the store with three boxes of donuts. After a mass of employees gathered for the donuts, ICE agents entered the store.

    So, what happened to Corso’s? Company officials were not arrested during the raids. However, ICE agents, who had a criminal search warrant, carried boxes full of “documentary evidence,” out of Corso’s, according to Steve Francis, special agent in charge of Homeland Security Investigations in Ohio. Francis also stated, “We are attempting to identify what criminal network brought over 100 illegal aliens to Ohio to work.”

    This raid was unlike the previous raid in Bean Station because ICE initially served Notices of Inspection weeks ago and had been auditing the 313 I-9 forms supplied by Corso’s. Before the service of the Notices of Inspection, ICE had been receiving tips into Corso’s Flower and Garden Center and began an investigation in October 2017. A triggering event was the arrest and indictment of Martha Buendia-Chavarria, who was charged with operating a document mill.

    During the ICE audit, according to ICE, they found 123 I-9 forms which were suspicious due to use of duplicate Social Security numbers and identification belonging to other people. Presumably, these identification documents were produced by Ms. Buendia-Chavarria. Thus, when the ICE agents raided the facilities, they had a list of names they had targeted for detention.

    According to a local Latino advocacy group, dozens of the workers’ children were left stranded at day-care centers and with babysitters because their parents had been detained.

    Amazingly, Corso’s business was back up and running Tuesday afternoon. According to its website, the family-owned business includes a greenhouse, flower shop, garden center, landscape department and a wholesale perennial plant division where more than two million plants are grown to supply a seven-state area.

    After these raids, it is clear that employer raids will be a frequent tool of ICE. Every employer should be vigilant in their immigration compliance. I would advise employers to meet with their immigration counsel, or obtain immigration counsel, to conduct an internal I-9 audit and draft or review an immigration compliance policy.

    If you want to know more information on employer immigration compliance, I recommend you read The I-9 and E-Verify Handbook, a book I co-authored with Greg Siskind, and available at http://www.amazon.com/dp/0997083379.
Page 3 of 83 FirstFirst 123451353 ... LastLast
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: