Thread: Immigration Crackdown Poses Serious Consequences...

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Epstein Becker & Green, P.C.: Immigration Crackdown Poses Serious Consequences for Employers


HOUSTON, Oct. 25 /PRNewswire/ -- The recent crackdowns by ICE and the
federal government regarding the employment of illegal immigrants has a
wide spectrum of businesses taking notice -- reevaluating policies and
making sure to be fully aware of the repercussions of slack or disorganized
hiring policies.
"While nearly three-quarters of the recent investigations have focused
on employers in critical infrastructure industries such as nuclear and
chemical plants, airports, and seaports, employers in every sector need to
be aware of what is at stake," said Elise A. Healy, an Immigration Law
attorney at Epstein Becker Green Wickliff & Hall, P.C. in Dallas, TX.
(EBGWH).
The number of investigations conducted in 2006 by Immigrations &
Customs Enforcement (ICE) has nearly doubled those conducted in 2004. ICE
is using criminal prosecutions, asset forfeitures, and significant fines
against employers who fail to respond to Social Security mis-match letters
and who are not attentive regarding I-9 compliance.
Recently, two temporary labor companies, the president of these
companies, and two of their corporate officers pled guilty in Ohio to
conspiring to provide hundreds of illegal alien workers for ABX Air, Inc, a
national air cargo firm.
The president of the Garcia Labor companies, agreed to forfeit $12
million as part of the plea agreement. He and the other individuals face up
to ten years in prison and a fine of $250,000.
Additionally, employers are being prosecuted under the Racketeer
Influenced Corrupt Organizations (RICO) Act. Legal workers have claimed
that companies have entered into criminal enterprises as defined under
RICO, importing unauthorized aliens, transporting them, harboring them, and
paying substandard wages.
Civil RICO actions of this kind can result in triple damages.
"Both ICE and private individuals are sending a strong message to
employers, not only to comply with the law, but to verify that their
contractors are also staying above board," said Healy.
Many expect Congress to revisit comprehensive immigration reform
proposals in the next term. Proposed changes that affect I-9 compliance
include increasing civil penalties for incorrect or missing I-9 forms and
for those determined to have "knowingly hired or continued to employ"
unauthorized workers.
"The current emphasis on enforcement makes it likely that some version
of these changes will ultimately be enacted, thereby subjecting those
employers without an appropriate compliance program to serious penalties,"
said Leigh Ganchan, also an Immigration Law attorney at EBGWH in Houston,
TX.
Some speculate that, in the future, Congress will push for escalated
associated criminal penalties, and make participation in the government's
online employment eligibility verification program mandatory for all
employers.
"For employers who want to review their own compliance, obtaining an
independent audit of I-9 forms and compliance procedures can serve as a
good- faith attempt to abide by the law," said Ganchan. "Such a review must
be conducted for ALL employees, and not just for those of a particular
ethnic group."

"Such a review must be conducted for ALL employees, and not just for those of a particular ethnic group."

Not a big problem for employees with nothing to hide.

Whatever happened to that last part of a job application (which has to be completed with an I-9) that says if you have falsified any information it can be grounds for termination? Has that been eliminated? It was on every standard application that I ever filled out.

Any true American employer would not allow this to happen in the first place. Shameful.