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2 Managers of Staffing Agencies Arrested on Immigration Charges

Chris Gafner — Fri, 30 Apr 2010 12:39:40 +0000

Immigration and Customs Enforcement (ICE) has announced that it has arrested two managers of staffing agencies near Chicago. The managers are accused of employing undocumented immigrants who were hired as temporary workers for third party companies. The managers face the possibility of five years in prison and a $250,000 fine.

ICE Does Not Not Use Quotas?

Chris Gafner — Thu, 01 Apr 2010 11:08:32 +0000

According to ICE Assistant Secretary John Morton, the Immigration and Customs Enforcement Agency “definitively do[es] not set quotas.”

Mr. Morton’s statement is difficult to reconcile with recently uncovered ICE documents that clearly indicate that ICE has set goals for the number of removals it will reach this year. In fact, the subject line in an uncovered email is “removal goals.” The ICE documents show that immigration officials will be ranked (from unacceptable to excellent) based upon the number of removal actions they complete monthly. Such a ranking is clearly arbitrary when no consideration is taken into the complexity that might exist in each removal case.

Mr. Morton, in response to the leaked memos stated that they were issued without his authorization and do not represent ICE’s policies. Is Mr. Morton unsure what the term “quota” means? Is he just trying to sweep the incident underneath the rug as fast as possible? Or is he just that out of touch with the actual daily activities of his agency? Is he unable to admit a mistake?

Is there another explanation for his comments?

Congratulations to the Washington Post for breaking the story.

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.

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.

Federal Judge Questions Logic of Immigration Prosecutions

Chris Gafner — Mon, 08 Feb 2010 11:50:12 +0000

In a recent court order, a Federal District Judge from Texas questioned the logic behind prosecuting unlawful foreign nationals who have no significant criminal background. The judge, called it “mind-boggling” given the cost to the American taxpayers. The judge opined that it would cost over $13,000 to jail the three foreign nationals mentioned in the court order. Additionally, the judge questioned how much time and effort the prosecutions are taking away from other, more important matters.

Should the US be using so many of its resources in pursuing noncriminal foreign nationals who are undocumented? The United States needs to act pragmatically as it confronts its economic woes and I wonder how beneficial these prosecutions are to the US. What do you think?

ICE Enforcement Results in Arrest of Workers at New England Patriot’s Gillette Stadium?

Chris Gafner — Mon, 11 Jan 2010 11:44:46 +0000

According to the Boston Globe’s Boston.com, dozens of the stadium’s would-be snow removers were detained on Wednesday after the Immigration and Customs Enforcement agency pulled over a van and detained numerous individuals thought to be unauthorized workers. The enforcement action has caused great concern in the Guatemalan immigrant population of Boston as those who were detained must demonstrate their legal right to be in the United States or face deportation.

Meanwhile, the operators of Gillette Stadium are passing any blame of possible wrongdoing onto the company that it subcontracted to remove the snow from the stadium. A spokesperson for the Patriots and Gilette Stadium is quoted as saying, “We go through a vendor and pay for a workforce to provide a service,’’ he said. “We expect them to vet all employees.’’ The spokesperson may want to do research about a certain big box retail store chain that claimed the same thing when its cleaning subcontractors were found to be hiring undocumented workers.

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.

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.

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.

I-9 Enforcement Raid Results in $1.5 Million Fine for Poultry Firm

Chris Gafner — Thu, 05 Nov 2009 10:09:14 +0000

ICE enforcement agents raided the House of Raeford Farms poultry firm last year and found evidence that the company had employed unauthorized employees. As part of a plea agreement, the poultry firm agreed to pay $1.5 million dollars in fines. The plea agreement allowed certain managers of the firm to avoid jail time due to the violations. The poultry firm also agree to incorporate the e-verify program into its hiring practices and to have an outside auditor ensure that future hires are authorized to work.

Manager Faces Trial For Immigration Violations At Workplace

Chris Gafner — Tue, 13 Oct 2009 11:26:57 +0000

The former manager of a kosher slaughterhouse in Iowa is beginning the first of two trials relating to his participation in a business that employed unauthorized workers. Mr. Rubashkin is accused of directing workers to obtain fraudulent documents that showed they were eligible to work.

New York Times Article about Visa Overstays

Chris Gafner — Mon, 12 Oct 2009 19:25:56 +0000

The New York Times recently published an article examining the problem of visa overstays and the country’s inability to keep track of those who overstay. Generally speaking, an ovestayer is someone who is granted a visa but then does not leave the country when their visa status expires.
Although this is a problem that persists throughout the immigrant population – finding a solution to the problem is not simple and something that can be done piecemeal. Unfortunately, based upon the comments made in the article it appears that many legislators believe that the solution can be done piecemeal and without addressing the immigration populations in general. Senator Schumer is proposing money to create an exit system.

Unfortunately, trying to fix one problem without addressing the whole immigration system is not going to be useful and will ultimately be a waste of time. Overstaying is a result of the immigration system’s dynamics and will not be eliminated without changing thosedynamics.

Comprehensive Immigration must be achieved.

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.