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Federal Immigration Sanctions Cost Businesses 24 Million

Chris Gafner — Tue, 16 Feb 2010 11:33:19 +0000

The Department of Homeland Security fined companies a total of $24 million for immigration violations in fiscal year 2009. This increase in fines has increased from no fines in fiscal year 2006. Given the increase in the number of ICE employer investigations, I wouldn’t be surprised if that number continued to increase.

Guest Workers Tricked by Immigration Recruiters?

Chris Gafner — Wed, 03 Feb 2010 11:58:16 +0000

The New York Times recently reported on a ongoing dispute between Indian steelworkers and their employers about what claims were made to the workers when they came to the United States. The steelworkers were brought into the United States right after Katrina to assist in rebuilding the oil rigs of the Gulf. According to the workers, many paid up to $20,000 to a recruiter that claimed they would soon be able to obtain a green card. Unfortunately – the workers were not eligible to obtain a green card and were allegedly intimidated into not complaining about their working conditions.

The most disconcerting part of the article is the accusation that ICE officials worked with the employer to discourage the employees from complaining.

Immigration Inquiry Ends After Company Agrees To Pay $4.5 Million

Chris Gafner — Tue, 05 Jan 2010 13:04:28 +0000

by Svilen.milev

The Federal Government agreed to stop its immigration inquiry into Pilgrim’s Pride Corporation after the company agreed to pay the government $4.5 million dollars over three years and to use more stringent hiring standards. The corporation, a chicken processor, has admitted no criminal or civil wrongdoing. However, the business is just now emerging from bankruptcy and the payment will be weighing down the corporation’s profits until itis paid off.

American Apparel’s I-9 Compliance Issues Revisited

Chris Gafner — Wed, 30 Sep 2009 12:11:25 +0000

As has been previously mentioned on this blog, American Apparel has fired many of its employees after receiving notice from Immigration and Customs Enforcement (ICE) that it had found irregularities in their employment authorization documentation. Today, the New York Times has produced a comprehensive article that examines the firings from many different sides, including the business executives, the workers themselves, and the political leaders of Los Angeles.

Washington Company Pays $100,000 After I-9 Compliance Enforcement

Chris Gafner — Fri, 25 Sep 2009 08:52:56 +0000

The New York Times is reporting that the owners of Yamato Engine Specialists 1990 Ltd. have been ordered to pay a $100,000 for hiring unauthorized workers. The owners will, however, not be jailed. This company was one of the first companies to face an ICE Workplace enforcement investigation after President Obama was inauguated. Since ICE has increased its enforcement of I-9 compliance, I suspect that many other company owners may be facing fines in the near future. To protect yourself and to ensure that your company is complying with the I-9 requirements imposed by the United States Government, please contact Gafner Law Firm.

Reminder that Today is Deadline for Federal Contractors to Use E-verify

Chris Gafner — Tue, 08 Sep 2009 12:15:38 +0000

Federal Contractors and sub-contractors are reminded that today, September 8, 2009, is the deadline that the Immigration Service has set for requiring participation in the E-verify program. The E-verify program allows for employers to check the work authorization status of new hires to ensure that no unauthorized individuals are employed.

For more information, please visit the USCIS website or contact Gafner Law Firm.

American Apparel Braces for Fines After Immigration Probe

Chris Gafner — Mon, 07 Sep 2009 12:10:44 +0000

American Apparel is bracing for fines that appear to be forthcoming because of its employment of unauthorized workers. American Apparel’s troubles started in July when the Immigration and Customs Enforcement (ICE) agency announced that it believed that 1,600 of the company’s workers were not authorized to work in the United States. After reviewing the facts, the company is reported to be laying off 1,500 of its workers. Additionally, the government has indicated that American Apparel may be faced with fines of over $800 per employee.

If you have questions about I-9 compliance and the new e-verify system for determining workers’ authorization status, please contact Gafner Law Firm.

USCIS Offering Free Webinars on E-verify for Employers

Chris Gafner — Wed, 02 Sep 2009 13:34:51 +0000

The United States Citizenship and Immigration Service is offering free webinars this fall for employers concerned with e-verify and the I-9 form requirements. The courses are directed towards employers, but are open to all those interested in the topic. The three basic courses offered throughout the month discuss: FAR E-verify, E-verify and the I-9 form. For more information, please visit the USCIS website.

Washington State Company to Pay Fine for Immigration Violations

Chris Gafner — Mon, 24 Aug 2009 11:43:16 +0000

In a plea agreement with the U.S. District Attorney, two executives at Yamato Engine Specialists have pleaded guilty to felony immigration violations and will face probation. Additionally, their company is expected to pay a significant fine. As reported at Seatlepi.com, the U.S. Attorney for Western Washington stated that the case, “should put employers on notice that if they knowingly employ those who lack legal status, they face prosecution for federal felonies.”

Employment-based Immigrant Petitions Down Drastically

Chris Gafner — Wed, 12 Aug 2009 11:51:52 +0000

The downturn in the U.S. economy has caused stress on nearly all sectors of the United States economy. The A.P. has uncovered records that demonstrate the extent to which businesses have shied away from sponsoring immigrant workers during the economic downturn. In examining employment-based immigrant petitions, the A.P. reports that 235,000 applications were submitted in 2007, 104,000 applications in 2008 and only 36,000 applications during the first eight months of 2009.

This downturn in applications is indicative of the economic downturn. Let’s hope that both the economy and the opportunities available to immigrants recover quickly.

Mandatory E-Verify Program in the Stimulus Plan?

Chris Gafner — Wed, 11 Feb 2009 11:03:00 +0000

Today the Conference Committee is meeting to consolidate the House of Representatives’ stimulus bill and the Senate’s stimulus bill. The House’s version contains a provision that would require all federal contract recipients of stimulus funding to enroll in the E-verify system. E-verify is an electronic system meant to improve a business’ ability to verify an employee’s eligibility to work.

Although the E-verify provision makes conceptual sense, the practical implication of the provision will create a significant hinderance to the stimulus package’s purpose. The E-verify system is simple not ready for a vast expansion. Currently, only about 100,000 employers are registered for the E-verify program. If the provision is passed, it is likely that a significant portion of the 7.4 million employers in the nation will need to enroll in the E-verify program.

Requiring companies to use E-verify will add to the overhead of businesses who will have to spend money learning how to properly use the system. The Heritage Foundation claims that the E-verify system costs a company between $4 and 20 dollars per employee. Additionally, using E-verify will consume time. It has already been documented that the government databases used by E-verify have numerous discrepancies. Discrepancies cost employers valuable time and money to resolve as the discrepancies cause many legitimate, work authorized employees to be flaged as unauthorized to work.

If the purpose of the stimulus package is to quickly provide money to American businesses, then the E-verify provision should be stripped from the bill. In the future, when the E-verify program is improved, Congress can more carefully examine the merits of implementing the program. Perhaps such a debate could be had while discussing comprehensive immigration reform.

Department Of Homeland Security Will Shift Focus on Employers

Chris Gafner — Mon, 19 Jan 2009 12:03:00 +0000

It is Martin Luther King Day and this will be a short post. Last Thursday, Janet Napolitano had her Senate confirmation hearing. As reported by the Washington Post, Governor Napolitano made one point unambiguously clear – the Department of Homeland Security will shift its focus from prosecuting unauthorized workers to prosecuting employers that are in violation of immigration laws. Employers should be mindful of this shift and make sure they are not inadvertently in violation of any immigration laws.

As a heads up, on Wednesday and Thursday I will be examining Governor Napolitano more closely – hopefully providing some insight into her thoughts as she becomes the next Secretary of Homeland Security.