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  1. Letters of the Week: October 16 - October 22

  2. California’s New Law Requiring Employee Notification of ICE Audits and More

    By: Bruce Buchanan, Sebelist Buchanan Law

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    The State of California has a new law, “The Immigrant Worker Protection Act” (AB 450), which requires employers to notify its employees by written notice within 72 hours of Notice of Inspection (NOI) of I-9 records and to notify its employees, individually, of the results of the I-9 audit by Immigration and Customs Enforcement (ICE) within 72 hours of receiving the results of the NOI. Concerning these notifications, the Labor Commissioner is required to develop a template.

    The new California law also requires ICE agents to provide a judicial warrant to employers to access non-public portions of worksites. Thus, employers may not simply consent for ICE to have access to non-public portions of the worksite. The new law does not restrict ICE from providing a NOI to an employer demanding the employees’ I-9 forms within three days of service of the NOI and the employer being required to honor it. Additionally, employers are prohibited from sharing confidential employee information, such as Social Security numbers, unless required to do so in a NOI or provided a judicial warrant.

    The penalty for a first offense is $2,000 to $5,000 and for each subsequent violation - $5,000 to $10,000. The enforcement of these penalties is under the exclusive authority of the Labor Commissioner or California Attorney General. Thus, employers or employees may not seek enforcement of the statute.

    The question that I have with this legislation is whether any of it is preempted under federal law, Immigration Reform and Control Act (IRCA). Under federal law, when ICE wants to inspect an employer’s I-9 forms, it issues a Notice of Inspection and usually an administrative subpoena. I don’t believe the portions of the legislation concerning notifying workers would be preempted by federal law. It’s unclear whether restricting access to non-public portions of the worksites is preempted.

    I will keep you updated on any litigation over this new state law. For a review of all employment and immigration-related state laws and other issues related to employer immigration compliance, I invite you to read my new book, The I-9 and E-Verify Handbook, which is available at http://www.amazon.com/dp/0997083379.
  3. Press Conference Calling for Reforms to Broken Immigration Detention System

    by , 10-16-2017 at 09:16 AM (Matthew Kolken on Deportation And Removal)
    Media Advisory -- For Planning Purposes
    October 16, 2017
    Contact: Rebecca Bryant (SMITH), 202-225-8901, rebecca.bryant@mail.house.gov
    Omer Farooque (JAYAPAL), 202-450-0088, omer.farooque@mail.house.gov

    Smith, Jayapal to Hold Press Conference Calling for Reforms to Broken Immigration Detention System

    WASHINGTON, D.C. – On Monday, October 16, Representatives Adam Smith (WA-09) and Pramila Jayapal (WA-07) will host a press conference on their recently introduced Dignity for Detained Immigrants Act, legislation to reform systemic problems in our immigration detention system.

    The current detention system is inhumane, unjust and driven by private, for-profit corporations. The Dignity for Detained Immigrants Act will end the use of private facilities and repeal mandatory detention, while restoring due process, oversight, accountability and transparency to the immigration detention system.

    Who:

    • Rep. Adam Smith (WA-09)
    • Rep. Pramila Jayapal (WA-07)
    • Jorge L. Barón, Northwest Immigrant Rights Project
    • Roxana Norouzi, OneAmerica
    • Victoria Mena, WA Immigrant Solidarity Network / Colectiva Legal del Pueblo
    • Yvette Maganya, OneAmerica Youth Leader, niece of a survivor of the Northwest Detention Center


    When: Monday, October 16, 2017, 1:00 – 2:00 pm

    Where: Northwest Immigrant Rights Project
    615 2nd Ave, 1st floor atrium, Seattle, WA 98104

    The press conference will be streamed live via Rep. Smith here and Rep. Jayapal here.

    Media interested in attending the press conference are requested to RSVP to Rebecca Bryant with Rep. Smith at rebecca.bryant@mail.house.gov or Omer Farooque with Rep. Jayapal at omer.farooque@mail.house.gov.

    ###
  4. DOJ Settles Immigration-Related Claim for $200,000 against Staffing Companies

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC

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    Immigrant and Employee Rights Section (IER) of the Department of Justice (DOJ) has reached a settlement whereby CitiStaff Solutions Inc., and CitiStaff Management Group Inc. (collectively CitiStaff) agreed to pay a civil penalty of $200,000 to the United States government. The settlement resolves the investigation into whether CitiStaff violated the law by discriminating against work-authorized immigrants when verifying their work authorization.

    Based on its investigation, IER concluded that CitiStaff, which provide staffing services in the greater Los Angeles, California area, routinely requested non-U.S. citizens present specific documents to prove their work authorization, such as Permanent Resident Cards (green cards) or Employment Authorization Documents (EADs), but did not make similar requests for specific documents to U.S. citizens. All work-authorized individuals, whether U.S. citizens or non-U.S. citizens, have the right to choose which valid documentation to present to prove they are authorized to work. The anti-discrimination provision of the Immigration and Nationality Act (INA) prohibits employers from subjecting employees to different or unnecessary documentary demands based on employees’ citizenship, immigration status or national origin.

    Furthermore, the investigation found CitiStaff required lawful permanent residents (LPRs) to reverify their work authorization status when their Permanent Resident Cards expired. It is unlawful to require reverification of a green card even if it expires as the LPRs continue to hold lawful status after a green card’s expiration.

    Under the settlement, CitiStaff will pay a civil penalty of $200,000 to the United States, train its staff on the law, and be subject to departmental monitoring and reporting requirements for three years.

    Companies need to be aware of the laws relating to determining employees’ lawful employment status as well as the law concerning re-verification. As you see, it is so easy for employers to make costly mistakes. For the answers to many other questions related to employer immigration compliance, I invite you to read my new book, The I-9 and E-Verify Handbook, which is available at http://www.amazon.com/dp/0997083379.
  5. NOVEMBER 2017 VISA BULLETIN: ANALYSIS AND PREDICTIONS

    by , 10-12-2017 at 10:15 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State has just issued the November 2017 Visa Bulletin. This is the second Visa Bulletin of Fiscal Year 2018. This blog post analyzes this month's Visa Bulletin.

    November 2017 Visa Bulletin

    Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.


    EB
    Class
    All Other CHINA INDIA MEXICO PHIL'PNES
    EB-1 C C C C C
    EB-2 C 15JUN13 08OCT08 C C
    EB-3 C 01FEB14 15OCT06 C 15JAN16


    MU Law Analysis

    All Other: The EB-2 has been current for many years. The EB-3 is also current and is expected to remain current for the foreseeable future.

    China (mainland-born): China EB-1 reverted to Current. Our sense is that it will stay Current for much of the fiscal year. Both China EB-2 and EB-3 progressed one month. The China EB-3 remains more favorable than Chinese EB-2. The odd situation of China EB-3 progressing faster than China EB-2 will remain to be the case for the foreseeable future.

    India: India EB-2 progressed about one month, which is what we except the monthly progressions will be in FY 2018. Unfortunately, India EB-3 did not move. A few weeks ago, the DOS said that EB-3's progression will be "limited." MU suspects that EB-3 will not progress at any notable rate until at least the India EB-3 date moves past the Visa Gate date of August 2007.

    Mexico: Mirrors All Other in analysis.

    Philippines: The Philippine EB-3 number essentially cleaned out all of the 2010 through 2015 EB-3 visas in FY2017. The demand for Philippines EB-3 numbers increased dramatically in 2016-17. This increased demand will be the cause for slower progressions in the FY2018, probably progressing 1-2 months per Visa Bulletin.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook, Twitter and LinknedIn.
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