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  1. ICE Announces its Three-prong Approach to Worksite Enforcement

    By Bruce Buchanan, Sebelist Buchanan Law

    On the heels of Immigration and Customs Enforcement’s “silent raids” on almost 100 7-Eleven convenience stores and the resolution of a worksite enforcement case against Asplundh Tree Experts Co., which paid a record $95 million in fines and forfeitures, Immigration and Customs Enforcement (ICE) announced a three-prong approach to conduct worksite enforcement. In doing so, ICE stated this ensures employees are legally authorized to work in the United States for employers, from small start-up operations to the largest corporations.

    This strategy involves a three-prong approach to worksite enforcement: immigration compliance, through Form I-9 inspections, civil fines and referrals for debarment; enforcement, through the arrest of employers, knowingly employing undocumented workers, and the arrest of unauthorized workers for violation of laws associated with working without authorization; and outreach, through the IMAGE program, to instill a culture of compliance and accountability.

    “Homeland Security Investigations (HSI) prioritizes violators who abuse and exploit their workers, aid in the smuggling or trafficking of their alien workforce into the United States, create false identity documents or facilitate document fraud, or create an entire business model using an unauthorized workforce,” said HSI Acting Executive Associate Director Derek Benner. “Further priority is given to looking closely at those companies or industries that are deemed national security or critical infrastructure interests.” ICE also stated an effective worksite enforcement strategy must address both employers who knowingly hire illegal workers, as well as the workers themselves.

    ICE’s statement highlighted the recent resolution of a case against Asplundh Tree Experts Co., one of the largest privately-held companies in the United States. This case revealed a scheme to unlawfully employ undocumented workers, in which the highest levels of Asplundh management remained willfully blind while lower level managers hired and rehired employees they knew to be ineligible to work in the United States. The company pleaded guilty and was ordered to pay a monetary forfeiture judgment in the amount of $80 million – the largest judgment ever handed down in a worksite enforcement investigation. They are also required to abide by an administrative compliance agreement. Pursuant to a separate civil settlement agreement, Asplundh will pay an additional $15 million to satisfy civil claims arising out of their failure to comply with immigration law, bringing the total cost of this illegal scheme to $95 million.

    To learn more about employer immigration compliance and steps you can take to prevent I-9 violations and hiring undocumented workers, I invite you to read The I-9 and E-Verify Handbook, a book that I co-authored with Greg Siskind, which is available at http://www.amazon.com/dp/0997083379.
  2. If Dreamers get a deal, it will be because of Trump, not Schumer. By Nolan Rappaport




    © Getty

    Senator Chuck Schumer (R-N.Y.) has dismissed the White House’s new Framework on Immigration Reform & Border security as a “wish list” for hard-liners. According to Schumer, Trump is using protection for Deferred Action for Childhood Arrivals program (DACA) participants as “a tool to tear apart our legal immigration system and adopt the wish list that anti-immigration hardliners have advocated for years.”

    But Schumer’s own DACA proposal, which he put together as part of the Gang of Six, was just as unacceptable to Trump as Trump’s current proposal is to Schumer.

    Schumer rejected Trump’s previous proposal, which was to establish a program for the 690,000 DACA participants that would continue their temporary legal status, and proposed a legalization program for a couple of million Dreamers. Moreover, he offered Trump just $1.591 billion for building a wall, which is only a small fraction of the amount he needs; and did not meaningfully address his chain migration concerns.

    That was not the first time Schumer has advocated a position he knew would be rejected. Four years ago, he moved his immigration reform bill, S.744, through the Senate despite the fact that it was opposed by 70 percent of the Senate Republicans. It was dead on arrival in the Republican controlled House.

    Trump may be right that the Democrats don’t want to make a deal.

    They could have passed a DREAM Act during Barack Obama’s administration. From January 2009 to January 2011, they had a large majority in the House, and until Scott Brown’s special election in 2010, they had a supermajority in the Senate. They passed the Patient Protection and Affordable Care Act (ObamaCare) without a single Republican vote in the House or the Senate.

    Read more at http://thehill.com/opinion/immigrati...mp-not-schumer

    Published originally on The Hill.

    About the author. Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.





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