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Dairy Farmers Fined 2.7 Million For I-9 Violations

Chris Gafner — Thu, 07 Jul 2011 12:29:40 +0000

The Immigration & Customs Enforcement (ICE) agency has announced that a Michigan diary farm and its owners have been fined $2.7 million for violating immigration laws by employing unauthorized workers. Over a period of about ten years, the farm employed about 70 unauthorized workers who provided false names and social security numbers. The owners apparently knew the workers were unauthorized and now face jail time in addition to the large fine.

Although farmers should not violate the law, it is difficult to understand how they can attract authorized workers to do the low paying and difficult work that Americans often refuse to do. Without changes in the immigration law, including the introduction of agriculture-oriented immigration bill, the United States and farmers will continue to have difficulty producing food without violating immigration laws.

USCIS to Offer E-Verify Self-Check

Chris Gafner — Thu, 17 Feb 2011 18:54:12 +0000

The USCIS will soon offer an E-verify program that will allow individuals to self-check their work authorization status. The service will allow an individual to self-input information about themselves to determine whether there are any mistakes in a person’s record.

The e-verify system is a volunteer system that allows employers to verify a new employee’s work authorization. However, the system has been plagued by many false positives which have caused needless delays and aggravation for employees (including U.S. citizens) who are eligible to work, but must “clear their name” by removing false information. Additionally, E-verify has given rise to many discrimination lawsuits because employers often do not appropriately use e-verify.

The USCIS is set to have the E-verify self-check system go live on March 18, 2011.

I-9 Audits Fines Increase 1000% In Two Years

Chris Gafner — Tue, 25 Jan 2011 12:00:09 +0000

In the last two years the amount of fines that have been levied against American employers who have not complied with I-9 requirements have risen from .7 million to 7 million dollars. The amount of I-9 fines is expected to continue to rise as the number of company audits also continue to rise. Last year, ICE conducted audits on 2,740 companies, nearly twice as many as the previous year.

These I-9 audits have been brought against big and small companies alike, including clothing companies, farmers, factories, restaurants, and construction companies. If you are a company that is going willy nilly with your I-9 requirements – perk up now, or risk paying out big in the near future. Contact Gafner Law Firm to see whether your company is complying with its I-9 and other immigration enforcement requirements.

Abercrombie & Fitch I-9 Mistakes Result in $1 Million Fine

Chris Gafner — Tue, 05 Oct 2010 09:57:59 +0000

It was recently announced that the clothing company Abercrombie & Fitch has been fined over $1 million for I-9 irregularities. Put differently, the fine appears to be due to the company’s mistakes in collecting and maintaining its I-9 documentation. The Immigration & Customs Enforcement Agency even stated that it had not found any instances where the company had knowingly hired a non-authorized worker.

Is your company making mistakes on its I-9 forms? If you don’t know, can you afford a fine that big?

ICE Orders I-9 Inspection for 180 Lucky Companies in Southeast

Chris Gafner — Tue, 16 Mar 2010 12:37:52 +0000

The Immigration and Customs Enforcement Agency has recently ordered I-9 inspections on 180 companies located in the Southeast. These companies are being requested to provide documentation showing that their employees are authorized to work in the United States. Additionally, the inspections will examine whether a company has properly collected and maintained the proper paperwork. Failure to maintain adequate records could result in fines being levied against those companies. There is no word how these 180 companies were selected.

If you would like to ensure that your company has properly maintained its I-9 documentation, please contact the firm to discuss what steps can be taken.

No Americans Asking For Agricultural Jobs Filled By Immigrants

Chris Gafner — Fri, 19 Feb 2010 13:51:53 +0000

Massive layoffs are occurring in Washington State as many agricultural employers in the region are receiving letters from the U.S. government questioning the employment eligibility of some of their workers. One such employer, Glebber Farms has laid off over 550 employees.

Given the large number of unemployed workers in the region, one would expect many Americans would come running to ask for a chance to work. However, as one agricultural employer commented, “Americans don’t stop by and ask for jobs right now. There is a 10 percent unemployment rate. And I’ve not had a single U.S. American stop by and ask for a job.”

So, now that agricultural employers have work to do and no workers to do it…who exactly is benefiting???

Koch Food Fined $536,000 After Immigration Raid

Chris Gafner — Wed, 17 Feb 2010 11:46:39 +0000

It is being reported that Koch Food has agreed to pay a fine of $536,000 following a 2007 ICE raid where 161 of its employees were found to be unauthorized to work. As reported by the Associated Press, Koch Foods states that it did not knowingly hire the unauthorized workers. Instead, the fines are because the company failed to adequately complete employment verification forms.

ICE Workforce Enforcement in New York

Chris Gafner — Fri, 18 Dec 2009 14:26:40 +0000

Yesterday, the Immigration and Customs Enforcement Agency (ICE) arrested 12 employees of Empire Warehouse Solutions for forging false social security cards and green cards. Empire Warehouse Solutions provides services at Stewart International Airport in Newburgh, NY. It is unclear in the article whether the company will face civil or criminal charges.

Detroit Firm Faces $40,000 Fine after I-9 Audit

Chris Gafner — Thu, 10 Dec 2009 13:03:08 +0000

The AP is reporting that Detroit firm Applied Plastic Products is facing a $41,360 fine because of its failure to properly complete nearly 100 I-9 forms for employee verification. The fine was announced after Immigration & Customs Enforcement officials performed an I-9 audit in March 2009.

What is significant about this fine is that there is no allegations of fraud or of knowingly hiring unauthorized workers. The company is being fined because it failed to properly complete the I-9 requirements that the government places on companies hiring new employees.

If you are a company in need of creating, or maintaining, a I-9 compliance policy, please contact Gafner Law Firm.

I-9 Audits Directed at Vermont Dairy Farms

Chris Gafner — Mon, 23 Nov 2009 11:45:27 +0000

Word came down late last week that at least five Vermont Dairy Farms have been served with subpoenas from the Immigration Enforcement Agency (ICE). The subpoenas are part of an I-9 audit that is being conducted on the dairy farms. An I-9 audit is a review of a company’s documentation concerning its employee’s authorization to work in the United States.

The audits have caused much angst in the state as many dairy farms in Vermont (and across the nation) are unable to find local American workers who are willing to do the arduous manual labor required on farms. These farmers are forced to turn to those workers who are willing to do the manual work – immigrants. Whether an immigrant is authorized to work is a question that these farmers must address when hiring these workers – and a question that is probably not the easiest to answer.

The shortage of American workers willing to work on dairy farms has even caused Senator Bernie Sanders (I-VT) to conclude that he would be willing to support a guest worker program for dairy farmers. Senator Sanders is not a fan of a guest worker program in general.

ICE To Review 1000 Companies For I-9 Compliance

Chris Gafner — Fri, 20 Nov 2009 11:26:33 +0000

The Immigration and Customs Enforcement (ICE) agency announced yesterday that it will investigate 1000 additional companies for I-9 compliance. This announcement comes on the heels of a May announcement when it announced that it would investigate 500 companies. The investigation will consist of an I-9 audit of the company’s records. The audit is meant to ensure that each company has properly documented each employee and has adequately ensured that all employees are eligible to work. Failure to properly maintain an I-9 compliance system may result in civil fines for an offending company. To learn more about your company’s responsibilities for maintaining I-9 compliance documentation, please contact Gafner Law Firm.

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.

Poultry Processing Plant Pays $450,000 Fine After I-9 Investigation

Chris Gafner — Fri, 18 Sep 2009 12:34:23 +0000

The U.S. Immigration and Customs Enforcement (ICE) Agency recently announced that a Missouri poultry processing plant has paid a $450,000 fine after a 2007 ICE raid of the plant found 136 unauthorized employees. In addition to the nearly half million dollar fine, the company was also required to develop an I-9 Compliance program that complied with U.S. Immigration Law. If you are interested in developing an I-9 Compliance Program for your company, 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.