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I-9 E-Verify Immigration Compliance

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

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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.

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