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  1. California AG Threatens Actions Against Businesses if Don’t Abide by State Law

    By: Bruce Buchanan, Sebelist Buchanan Law

    California Attorney General Xavier Becerra held a press conference on January 18, 2018, wherein he warned California employers that businesses will face fines of up to $10,000 if they assist Immigration and Customs Enforcement (ICE) in potential workplace raids or other similar actions. Becerra’s warning was in response to fears of mass workplace raids due to ICE’s statement that it plans to target Northern California communities for deportations due in part to the state’s “sanctuary” law. Specifically, ICE’s acting director Thomas Homan has told Fox News that “California better hold on tight... If the politicians in California don’t want to protect their communities, then ICE will.”

    Attorney General Becerra stated, “It’s important, given these rumors that are out there, to let employers know that if they voluntarily start giving up information about their employees or access to their employees in ways that contradict our new California laws, they subject themselves to actions by my office.” Becerra was referring to the new state law called the “Immigrant Worker Protection Act,” which went into effect on January 1, 2018.

    As I previously discussed in my blog (see http://blogs.ilw.com/entry.php?10179...udits-and-More), California’s Immigrant Worker Protection Act requires the following:

    1. employers must notify their employees by written notice within 72 hours of Notice of Inspection (NOI) of I-9 records;
    2. employers must notify their 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;
    3. ICE agents are to provide a judicial warrant to employers to access non-public portions of worksites; and
    4. 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 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.

    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.
  2. ICE arrests 46 in Western New York Operation

    by , 01-24-2018 at 10:11 AM (Matthew Kolken on Deportation And Removal)
    ICE arrests 46 in western New York operation targeting criminal aliens, illegal re-entrants, and other immigration violators

    BUFFALO, N.Y. – A Jamaican national arrested in Albany, New York, who has prior convictions for possession of a weapon, loaded firearm, four counts of criminal sale of a controlled substance, and larceny is among 46 foreign nationals taken into custody during a five-day operation conducted by U.S. Immigration and Customs Enforcement (ICE) in western New York, targeting at-large criminal aliens, illegal re-entrants, and other immigration violators.

    Of those arrested during the operation, which was spearheaded by ICE’s Enforcement and Removal Operations (ERO), 23 offenders, or 50 percent, had prior criminal convictions. Of the 23 non-criminal immigration violators, four are fugitives and six illegally re-entered the country after being deported.

    Criminal convictions of those arrested included: felony grand larceny, firearms possession, drug possession, child endangerment, abuse, driving under the influence of alcohol or a controlled substance, and forgery.

    Among those arrested were:

    • A 39-year-old Mexican male with convictions for two counts of illegal entry, driving while intoxicated, and a protection order for domestic violence. He will remain in ICE custody pending the outcome of his removal proceedings.
    • A 23-year-old Guyanese male with convictions for driving while ability impaired and harassment, following his arrest for menacing with a weapon. He will remain in ICE custody pending the outcome of his removal proceedings.
    • A 53-year-old United Kingdom male with convictions for two separate convictions for felony grand larceny. He will remain in ICE custody pending the outcome of his removal proceedings.
    • A 49-year-old Vietnamese male with convictions for theft, burglary, abuse, and menacing, following his arrest for menacing with a weapon, child endangerment, and criminal possession of a weapon. He will remain in ICE custody pending the outcome of his removal proceedings.
    • A 46-year-old Guyanese female with convictions for forgery and larceny. She will remain in ICE custody pending the outcome of her removal proceedings.


    The operation, which concluded Jan. 12, targeted public safety threats, such as convicted criminal aliens and individuals who have violated our nation’s immigration laws, including individuals who re-entered the country after being removed, other immigration violators, and immigration fugitives ordered deported by federal immigration judges.

    “Operations like this one demonstrate ICE’s continued focus on the arrest of dangerous criminal aliens as well as those who enter the United States illegally,” said Thomas Feeley, field office director for ERO Buffalo, which covers 48 counties in western, central and northern New York State. “Illegal aliens will not find safe harbor in New York.”

    Some of the individuals arrested during this week’s enforcement action will be presented for federal prosecution for re-entry after deportation, a felony punishable by up to 20 years in prison. Those not being criminally prosecuted will be processed for removal from the country. Individuals who have outstanding orders of deportation, or who returned to the United States illegally after being deported, are subject to immediate removal from the country.

    The arrestees (35 men and 11 women) included nationals from 16 countries including Guatemala, Cuba, Mexico, Thailand, Somalia, Jamaica, United Kingdom, Ecuador, Israel, Trinidad & Tobago, Canada, Honduras, Belize, Guyana, Sierra Leone and India.

    ICE deportation officers conduct targeted enforcement operations every day in locations around the country as part of the agency’s ongoing efforts to protect the nation, uphold public safety, and protect the integrity of our immigration laws and border controls.

    During targeted enforcement operations ICE officers frequently encounter additional suspects who may be in the United States in violation of federal immigration laws. Those persons will be evaluated on a case by case basis and, when appropriate, arrested by ICE.

    ICE continues to focus its enforcement resources on individuals who pose a threat to national security, public safety and border security. ICE conducts targeted immigration enforcement in compliance with federal law and agency policy. However, as ICE Deputy Director Thomas Homan has made clear, ICE does not exempt classes or categories of removable aliens from potential enforcement. All of those in violation of the immigration laws may be subject to immigration arrest, detention and, if found removable by final order, removal from the United States.


    Last Reviewed/Updated: 01/23/2018








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