the govt crack down on illegal aliens and the employers obligation to verify employment...
TRANSCRIPT
The Gov’t Crack Down on Illegal Aliens and the Employer’s Obligation to Verify Employment Authorization
Stephen B. YurikLane Alton & Horst(614) [email protected]
Increased Enforcement Activity by ICE
The Secure Border Initiative and Operation Return to Sender, June ‘06Secure Borders Interior enforcement
Work SiteJails
Quick Removal
Increased Activity by ICE
Work Site raids and ArrestsCriminal Arrests
FY 2002 25FY 2006 716
Administrative ArrestsFY 2002 485FY 2006 3667
ICE Priorities
National SecurityCritical Infrastructure
Military installationsNuclear Power PlantsChemical Power PlantsAirports
Egregious EmployersRely on Illegal Aliens
Noteworthy Recent Examples
Swift and Company (meat processor)1297 Arrested
219 Criminally ChargedRemainder placed in Removal
Garcia Labor Company / ABX Air Ignored 100s of “No Match” letters from
SSAOfficers face up to 10 years in prisonForfeit $12 million in profits
Employer’s Competing Obligations
Immigration Reform and Control Act ’86Verify Employment Authorization of All
Employees (Form I-9)Must Not Discriminate based on
National OriginCitizenship Status
Completing I-9 Forms
Employees’ ObligationsAttest To Citizenship StatusProvide documents showing identity and
work eligibility fromLists of Authorized Documents
List A: Identity and Work Eligibility List B: Identity List C: Work Eligibility
Completing I-9 Forms
Employers’ ObligationsAttest that has examined document(s)
Cannot specify which documentsAppear to be genuineEmployee is eligible to work in U.S.
Retain I-9s Make available to ICE and DOL
Reverify on or before expiration
Employer’s Knowledge of Unauthorized Employment
Constructive KnowledgeDoes not complete I-9Does not re-verify eligibility before
expirationEvidence requiring further inquiry
Conflicting documentsApparent forgeryTip from ICE “No-match” letter?
“No-Match” Letters
Employers must submit W-2 info to SSANames & SS#s
SSA advises of mismatch sometimesNot constructive knowledge by itself
Clerical errorName change
SSA does not share information with ICEEmployer should take reasonable steps
Proposed Safe Harbor Rule
No-Match not constructive knowledge ifCheck for clerical errorsHave employee confirm records are correctGive employee chance to resolve any
continuing problems with gov’t agencyTerminate employee if not resolved
Basic Pilot Program
Voluntary with exceptionsAllows employers to confirm employment
eligibility within seconds - usuallyHow
Complete I-9Submit to SSA through internet
Queries made to USCIS when necessary
Unlawful Discrimination
National Origin Discrimination – Look at facts, not facesUnlawful Considerations
Place of BirthAppearanceAccent
Unlawful Discrimination
Citizenship Status Lawful status
U.S. Citizen Lawful Resident (Green Card)Asylee or Refugee Temporary Worker
Cannot hire illegal aliensOK to prefer citizen when equally qualified
Penalties for Hiring Illegals or Discrimination Against Legals
Fines 1st offense - $250 to $2000 per individual2nd offense - $2000 to $5000 per individual3rd offense - $3000 to $10,000 per
individualBack Pay in discrimination casesAttorneys fees in limited circumstances
Recommendations
Complete an I-9 on all new hires Be open to hiring non U.S. citizens Don’t make assumptions regarding
employment status based on appearance or accent
Let the employee choose from the list of acceptable documents
Follow up reasonably on indications of unlawful status
Don’t hire or retain immigrants that don’t have employment authorization