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  1. #1
    Senior Member JohnDoe2's Avatar
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    5 Florida companies become newest ICE IMAGE partners

    10/22/2014

    5 Florida companies become newest ICE IMAGE partners

    Program ensures legal, authorized workforce



    Shane M. Folden, deputy special agent in charge of HSI Tampa; Don Lewis Lynn Jr., assistant superintendent of the Santa Rosa County School District and John Sullivan, chief financial officer of Colorado Boxed Beef Company, sign IMAGE agreement.


    TAMPA, Fla. — A county school district and four private companies specializing in a variety of fresh, frozen meats and seafood products became the latest employers to be certified by U.S. Immigration and Customs Enforcement's (ICE) employment compliance program called IMAGE at a ceremony here Wednesday.

    IMAGE stands for ICE Mutual Agreement between Government and Employers. As part of this agreement, Santa Rosa County School District, Colorado Boxed Beef Company and its 3 subsidiaries: ATG Transportation LLC, PREFCO Distribution LLC and The Great Fish Company LLC, have pledged to maintain a secure and stable workforce and curtail the employment of unauthorized workers through outreach and education. To qualify for IMAGE certification, companies must meet the following requirements:


    • Complete the IMAGE Self-Assessment Questionnaire (Application);
    • Enroll in the E-Verify program within 60 days;
    • Establish a written hiring and employment eligibility verification policy that includes internal Form I-9 audits at least once per year; and
    • Submit to a Form I-9 inspection.


    "We want to thank Santa Rosa County School District and Colorado Boxed Beef Company and its subsidiaries for recognizing employment integrity can be achieved through coordination with industry partners who are committed to protecting the integrity of their workforce," said Shane M. Folden, deputy special agent in charge of ICE's Homeland Security Investigations (HSI) in Tampa.


    Santa Rosa County School District
    serves approximately 26,000 students in Pre-K through Adult Education programs by way of 35 schools and support sites. With an elected superintendent and five school board members who are elected for four years and supported by 2,600 employees, Santa Rosa County School District is the largest employer in Santa Rosa County.


    "As the largest employer in Santa Rosa County it is important to us to ensure we follow the best hiring practices available," said Tim Wyrosdick, superintendent of schools at Santa Rosa County School District. "We are proud to join U.S. Immigration and Customs Enforcement in the IMAGE program and look forward to the greater efficiencies it brings to our company."


    Colorado Boxed Beef Company
    and its subsidiaries ATG Transportation LLC, PREFCO Distribution LLC and The Great Fish Company LLC are a family owned and operated leading distributor of refrigerated and frozen beef, pork, poultry, lamb, veal, seafood, cheese, lunch meat and a variety of fresh, frozen and dry products with more than 6,000 deliveries per week globally and employing over 645 people.


    "We are happy to partner with ICE on this important initiative," said John Rattigan, president and CEO of Colorado Boxed Beef Company. "Working with HSI auditors and special agents in a strategic manner and being proactive is the best approach for our company."


    The Santa Rosa County School District and the Colorado Boxed Beef Company and its 3 subsidiaries join 19 additional central and northern Florida companies with more than 189,000 employees participating in the IMAGE program. Publix Super Markets Inc. EKS Group LLC, Visual Awareness Technologies and Consulting Inc. Pelican Bay LTD, Gravity-Ratterman LLC and Ramcon LLC, are some of the most recent employers to be certified by the IMAGE program.


    The Department of Homeland Security (DHS) E-Verify employment eligibility verification program enables employers to verify that newly hired employees are eligible to work in the United States. This Internet-based system is available throughout the nation and is free to employers. It provides an automated link to the Social Security Administration database and DHS immigration records.


    Companies interested in more information about the IMAGE program can call 813-357-7137 or visitICE.gov/image.

    https://www.ice.gov/news/releases/5-...image-partners

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  2. #2
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    And who conducts the I-9 inspections, how often, and if in violation what penalties will be imposed? Sounds like a "feel good" program. Who is being made o feel good, them or us, huh?

  3. #3
    Senior Member JohnDoe2's Avatar
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    Quote Originally Posted by kevinssdad View Post
    And who conducts the I-9 inspections . . .
    All I-9 inspections are conducted by I.C.E.

    Form I-9 Inspection Overview

    Fact Sheet

    June 26, 2013

    On November 6, 1986, the enactment of the Immigration Reform and Control Act required employers to verify the identity and employment eligibility of their employees and created criminal and civil sanctions for employment related violations. Section 274A (b) of the Immigration and Nationality Act (INA), codified in 8 U.S.C. § 1324a (b), requires employers to verify the identity and employment eligibility of all individuals hired in the United States after November 6, 1986. 8 C.F.R. § 274a.2 designates the Employment Eligibility Verification Form I-9 (Form I-9) as the means of documenting this verification. Employers are required by law to maintain for inspection original Forms I-9 for all current employees. In the case of former employees, retention of Forms I-9 are required for a period of at least three years from the date of hire or for one year after the employee is no longer employed, whichever is longer.

    The administrative inspection process is initiated by the service of a Notice of Inspection (NOI) upon an employer compelling the production of Forms I-9. By law, employers are provided with at least three business days to produce the Forms I-9. Often, ICE will request the employer provide supporting documentation, which may include a copy of the payroll, list of current employees, Articles of Incorporation, and business licenses.


    ICE agents or auditors then conduct an inspection of the Forms I-9 for compliance.

    When technical or procedural violations are found, pursuant to INA §274A(b)(6)(B) (8 U.S.C. § 1324a(b)(6)(B)), an employer is given ten business days to make corrections. An employer may receive a monetary fine for all substantive and uncorrected technical violations. Employers determined to have knowingly hired or continued to employ unauthorized workers under INA § 274A(a)(1)(a) or (a)(2) (8 U.S.C. § 1324a(a)(1)(a) or (a)(2)) will be required to cease the unlawful activity, may be fined, and in certain situations may be criminally prosecuted. Additionally, an employer found to have knowingly hired or continued to employ unauthorized workers may be subject to debarment by ICE, meaning that the employer will be prevented from participating in future federal contracts and from receiving other government benefits.


    Monetary penalties for knowingly hire and continuing to employ violations range from $375 to $16,000 per violation, with repeat offenders receiving penalties, at the higher end. Penalties for substantive violations, which includes failing to produce a Form I-9, range from $110 to $1,100 per violation. In determining penalty amounts, ICE considers five factors: the size of the business, good faith effort to comply, seriousness of violation, whether the violation involved unauthorized workers, and history of previous violations.


    ICE will notify the audited party, in writing, of the results of the inspection once completed. The following are the most common notices:


    • Notice of Inspection Results – also known as a "compliance letter," used to notify a business that they were found to be in compliance.
    • Notice of Suspect Documents – advises the employer that based on a review of the Forms I-9 and documentation submitted by the employee, ICE has determined that an employee is unauthorized to work and advises the employer of the possible criminal and civil penalties for continuing to employ that individual. ICE provides the employer and employee an opportunity to present additional documentation to demonstrate work authorization if they believe the finding is in error.
    • Notice of Discrepancies – advises the employer that based on a review of the Forms I-9 and documentation submitted by the employee, ICE has been unable to determine their work eligibility. The employer should provide the employee with a copy of the notice, and give the employee an opportunity to present ICE with additional documentation to establish their employment eligibility.
    • Notice of Technical or Procedural Failures – identifies technical violations identified during the inspection and gives the employer ten business days to correct the forms. After ten business days, uncorrected technical and procedural failures will become substantive violations.
    • Warning Notice – issued in circumstances where substantive verification violations were identified, but circumstances do not warrant a monetary penalty and there is the expectation of future compliance by the employer.
    • Notice of Intent to Fine (NIF) – may be issued for substantive, uncorrected technical, knowingly hire and continuing to employ violations.


    In instances where a NIF is served, charging documents will be provided specifying the violations committed by the employer. The employer has the opportunity to either negotiate a settlement with ICE or request a hearing before the Office of the Chief Administrative Hearing Officer (OCAHO) within 30 days of receipt of the NIF. If the employer takes no action after receiving a NIF, ICE will issue a Final Order. If a hearing is requested, OCAHO assigns the case to an Administrative Law Judge (ALJ), and sends all parties a copy of a Notice of Hearing and government's complaint, thus setting the adjudicative process in motion.


    The Notice of Hearing spells out the procedural requirements for answering the complaint and the potential consequences of failure to file a timely response. Many OCAHO cases never reach the evidentiary hearing stage because the parties either reach a settlement, subject to the approval of the ALJ, or the ALJ reaches a decision on the merits through dispositive prehearing rulings.


    Determination of Recommended Fine


    The cumulative recommended fine set forth in the NIF is determined by adding the amount derived from the Knowing Hire / Continuing to Employ Fine Schedule (plus enhancement or mitigation) with the amount derived from the Substantive / Uncorrected Technical Violations Fine Schedule(plus enhancement or mitigation). Typically, the date of the violation shall be the date ICE conducted the Form I-9 inspection and not the date the Form I-9 was completed by the employer.

    Penalties


    Penalties for Knowingly Hire / Continuing to Employ Violations

    Employers determined to have knowingly hire or continuing to employ violations shall be required to cease the unlawful activity and may be fined. The agent or auditor will divide the number of knowing hire and continuing to employ violations by the number of employees for which a Form I-9 should have been prepared to obtain a violation percentage. This percentage provides a base fine amount depending on whether this is a First Tier (1st time violator), Second Tier (2nd time violator), or Third Tier (3rd or subsequent time violator) case. The standard fine amount listed in the table relates to eachknowing hire and continuing to employ violation. The range of the three tiers of penalty amounts are as follows:

    Standard Fine Amount
    Knowing Hire and Continuing to Employ Violations First Tier
    $375 – $3,200
    Second Tier
    $3,200 – $6,500
    Third Tier
    $4,300 – $16,000
    0% – 9% $375 $3,200 $4,300
    10% – 19% $845 $3,750 $6,250
    20% – 29% $1,315 $4,300 $8,200
    30% – 39% $1,785 $4,850 $10,150
    40% – 49% $2,255 $5,400 $12,100
    50% or more $2,725 $5,950 $14,050


    Standard Fine Amount
    Knowing Hire and Continuing to Employ Violations First Tier
    $275 – $2,200
    Second Tier
    $2,200 – $5,500
    Third Tier
    $3,300 – $11,000
    0% – 9% $275 $2,200 $3,300
    10% – 19% $600 $2,750 $4,600
    20% – 29% $925 $3,300 $5,900
    30% – 39% $1,250 $3,850 $7,200
    40% – 49% $1,575 $4,400 $8,500
    50% or more $1,900 $4,950 $9,800
    Since the passage of IRCA in 1986, federal civil monetary penalties have been increased on two occasions in 1999 and 2008 pursuant to the Federal Civil Penalties Inflation Act of 1990, as amended by the Debt Collection Improvement Act of 1996. These adjustments are designed to account for inflation in the calculation of civil monetary penalties and are determined by a non-discretionary, statutory formula. (See 73 FR 10130 (February 26, 2008)

    Penalties for Substantive and Uncorrected Technical Violations


    The agent or auditor will divide the number of violations by the number of employees for which a Form I-9 should have been prepared to obtain a violation percentage. This percentage provides a base fine amount depending on whether this is a first offense, second offense, or a third or more offense. The standard fine amount listed in the table relates to each Form I-9 with violations. The range of the three tiers penalty amounts are as follows:


    Standard Fine Amount
    Substantive Verification Violations 1st Offense
    $110 – $1100
    2nd Offense
    $110 – $1100
    3rd Offense +
    $110 – $1100
    0% – 9% $110 $550 $1,100
    10% – 19% $275 $650 $1,100
    20% – 29% $440 $750 $1,100
    30% – 39% $605 $850 $1,100
    40% – 49% $770 $950 $1,100
    50% or more $935 $1,100 $1,100

    Enhancement Matrix

    The following matrix will be used to enhance or mitigate the recommended fine contained on the Notice of Intent to Fine. (Id.)
    Factor Aggravating Mitigating Neutral
    Business size + 5% - 5% +/- 0%
    Good faith + 5% - 5% +/- 0%
    Seriousness + 5% - 5% +/- 0%
    Unauthorized Aliens + 5% - 5% +/- 0%
    History + 5% - 5% +/- 0%
    Cumulative Adjustment + 25% - 25% +/- 0%

    Form I-9 Inspection Process












    Enforcement and Removal

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    287(g)

    Detention Reform

    Enforcement and Removal Operations


    Homeland Security Investigations

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    Customs Cross Designation

    Financial Crimes/Cornerstone

    Human Smuggling & Trafficking Unit

    Law Enforcement Officer Mission Support

    National Intellectual Property Rights (IPR) Coordination Center

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    Smuggling - Arms, Contraband, Cultural Artifacts

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    Worksite Enforcement


    Management and Administration

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    Customs Cross Designation

    Financial Crimes/Cornerstone

    Human Smuggling & Trafficking Unit

    Law Enforcement Officer Mission Support

    National Intellectual Property Rights (IPR) Coordination Center

    National Security

    Operation Predator

    Smuggling - Arms, Contraband, Cultural Artifacts

    Student Exchange and Visitor Program

    Worksite Enforcement

    https://www.ice.gov/factsheets/i9-inspection
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    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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  4. #4
    Senior Member JohnDoe2's Avatar
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    In 2013

    ICE served 3,127 Notices of Inspection and 637 Final Orders, totaling $15,808,365.00 in administrative fines.

    http://www.ice.gov/factsheets/worksite
    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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  5. #5
    Senior Member JohnDoe2's Avatar
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    The defendants have agreed to forfeit the franchise rights to ten 7-Eleven stores in New York and four 7-Eleven stores in Virginia, as well as five houses in New York worth over $1.3 million. The case announced today constitutes ICE's largest criminal immigration forfeiture in its history.

    In addition, the defendants agreed to pay $2,621,114.97 in restitution for the back wages that they stole from their workers. Two additional defendants in this case have previously pled guilty.


    http://www.alipac.us/f12/hsi-investi...istory-311384/
    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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