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Recent Blogs Posts

  1. ICEís Inspection Costs Bakery 800 Employees in its Workforce

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC

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    As I have discussing in this blog, Immigration and Customs Enforcement (ICE) is ramping up it worksite enforcement activities. Recently, after ICE issued a Notice of Inspection (NOI) and Notice of Suspect Documents to an unnamed staffing company for Cloverhill Bakery of Chicago, Illinois, approximately 800 employees were terminated or quit due to being undocumented workers.

    Cloverhill Bakery, a part of the Swiss-based international company, Aryzta AG, lost about 35% of its workforce due to the staffing companyís employees being undocumented. As one can imagine, losing 35% of your workforce has made it difficult to meet production of products for its customers, fast-food chains and supermarkets.

    Although press reports referred to ICEís action as a raid, it was not such; rather it was an inspection of the staffing companyís employeesí I-9 forms. The inspection of the I-9 forms is accomplished by the delivery of a NOI/subpoena by ICE agents.

    The NOI was issued earlier in 2017 and caused one of the largest groups of employees to lose their jobs due to lack of work authorization in 2017. Since the NOI occurred earlier this year, ICE did not take any actions to detain the 800 undocumented workers. Recently, ICE announced that it planned to detain undocumented workers found at employersí facilities.

    If you are worried that your company is going to be the next ICE target, I recommend you get prepared now. The best way is to have an immigration attorney, well-versed in I-9 forms and worksite enforcement, conduct an internal I-9 audit. Alternatively, if you want to get a better understanding of immigration compliance for employers, I recommend you read my new book, The I-9 and E-Verify Handbook, which is available at http://www.amazon.com/dp/0997083379.
  2. SCOTUS Allows Full Travel Ban to go into Effect During Appeals Process

    by , 12-05-2017 at 06:16 AM (Matthew Kolken on Deportation And Removal)
    It was a 7-2 decision. The two predictably are Justices Ruth Bader Ginsburg and Sonia Sotomayor. Justice Elena Kagan, appointed by Barack Obama, surprisingly sided with the majority.

    Via SCOTUS Blog:

    In two brief orders (available here and here), the court permitted the Trump administration to enforce the September 24 order while the courts of appeals consider the governmentís appeals and, if necessary, during review in the Supreme Court. In doing so, the justices went further than they had in June, when they carved out the same kind of exception to the March 6 order that the lower courts imposed in this case Ė for travelers who can claim a relationship with the United States. In its most recent filings, the Trump administration had argued that the September 24 order is different from its predecessors not only because of the ďextensive worldwide review processĒ that led to its creation, but also because it applies to countries where Muslims are not a majority, while removing some majority-Muslim countries from earlier lists. Although the challenges are still in a preliminary stage of litigation, todayís orders nonetheless bode well for the Trump administration by suggesting that its arguments may have gained some traction on the court.

    Click here for the full SCOTUS Blog post.

    Updated 12-05-2017 at 10:00 AM by MKolken

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