Question 1

What recent high-profile actions did ICE take regarding worksite enforcement?

Accepted Answer

In April, ICE issued a notice of intent to fine three Denver, Colorado businesses over $8 million following worksite audits. In June, ICE, Border Patrol, the Louisiana State Police, the ATF, and the FBI arrested 84 illegal aliens at the Delta Downs Racetrack in Louisiana. [00:37, 01:17]

Question 2

How many workers has ICE detained so far this year through worksite enforcement?

Accepted Answer

So far this year, ICE has detained more than 1,000 workers through worksite enforcement actions. [02:00]

Question 3

What law made it illegal to knowingly hire or retain unauthorized workers and required the Form I-9 process?

Accepted Answer

The Immigration Reform and Control Act of 1986. [02:26, 02:35]

Question 4

How did enforcement intensity change during the Trump administration?

Accepted Answer

There were increased worksite raids and arrests with a sevenfold increase in ICE arrests at worksites in 2018. [02:59]

Question 5

Which industries are worksite raids tending to focus on?

Accepted Answer

They are focusing on employee staffing agencies, restaurants, manufacturing, grocery stores, meat processing, and probably a few other industries. [04:19]

Question 6

What are ICE and Homeland Security now serving to employers to request documents?

Accepted Answer

They are serving thousands of Notices of Inspection, which are requests for documents like I-9s and payroll records. [05:27]

Question 7

How quickly must an employer present records after receiving a Notice of Inspection?

Accepted Answer

You have to be ready to present those records within three business days of the demand. [05:54]

Question 8

What is a Notice of Suspect Documents?

Accepted Answer

It is a notice issued after review of records that identifies employees who do not appear to have proper work authorization. [06:14]

Question 9

What is the typical fine for I-9 paperwork violations?

Accepted Answer

The fine is usually over $2,800 per I-9. [07:08]

Question 10

How do ICE 287(g) agreements relate to local police?

Accepted Answer

The 287(g) agreements allow local police to help enforce immigration laws, with over 579 such agreements nationwide. [07:44, 08:00]

Question 11

How can employers prepare for an ICE audit of their records?

Accepted Answer

Employers should ensure they have a properly completed Form I-9 for each employee, that the hire date on the I-9 matches payroll and E-Verify records, and that documents recorded on the I-9 match documents submitted to E-Verify. [09:47, 10:11]

Question 12

What are Status Change Reports in the E-Verify system?

Accepted Answer

These reports notify employers of people who have lost employment authorization, for example, due to termination of parole status or TPS status. [11:51]

Question 13

What is required for law enforcement to enter non-public areas of a workplace during a raid?

Accepted Answer

They must have a valid search warrant or the employer's consent. [13:00]

Question 14

What must a judicial search warrant include?

Accepted Answer

It must be signed and dated by a judge, include a timeframe for the search, a description of the premises, and a list of items to be searched for. [13:21]

Question 15

What does it mean for a company to accept the warrant but not consent to the search?

Accepted Answer

You do not have a choice when they enter with a judicial warrant, but you can state that you do not consent to the search, which allows you to later challenge the search if there are grounds to do so. [14:02]

Question 16

Can law enforcement use an administrative subpoena to enter private areas of a business without permission?

Accepted Answer

No, an administrative warrant or subpoena does not allow agents to enter private areas without your permission. [15:52]

Question 17

What should an employer look for to confirm a document is a judicial warrant?

Accepted Answer

A judicial warrant must be signed by a judge and say "US District court" or have a state court identification at the top. [18:22]

Question 18

Should company representatives give statements to federal agents?

Accepted Answer

Company representatives should not give any statements to federal agents or allow themselves to be interrogated before consulting with an attorney. [22:48]

Question 19

Can an employer direct employees to refuse to speak to federal agents?

Accepted Answer

No, you may inform employees that they may choose whether or not to talk with federal agents, but do not direct them to refuse to speak to agents. [23:13]

Question 20

Should an employer hide employees or assist them in leaving the premises during a raid?

Accepted Answer

No, you should not hide employees or assist them in leaving the premises without permission to do so, as it could result in an obstruction of justice charge. [24:30]

Question 21

How are immigration policy changes affecting the labor market?

Accepted Answer

The new administration's increased enforcement of existing immigration laws has led to a significant drop in the number of illegal crossings, effectively "sealing the border," and reducing the pool of available workers, both legal and illegal. This is creating labor shortages for many employers, particularly those in food processing and manufacturing. (04:34)

Question 22

What is the difference between an asylee and an asylum applicant, and how does that affect an employer?

Accepted Answer

An asylee is someone who has been granted asylum status and has indefinite work authorization. An asylum applicant is someone who has applied for asylum but has not yet been granted it; their work authorization is temporary and must be renewed. An employer can identify the difference by looking at the category code on the worker's EAD (Employment Authorization Document): C8 for an applicant and A5 for a granted asylee. (42:37)

Question 23

How can an employer keep track of their employees' work authorization expiration dates?

Accepted Answer

It is recommended that employers use a "tickler system" to keep track of work authorization expiration dates. This system can alert the employer 90, 60, and 30 days before an employee's work authorization expires, allowing the employer to notify the employee and encourage them to apply for an extension. (45:21)

Question 24

What are the pros and cons of an employer getting involved in an employee's immigration process?

Accepted Answer

An employer can, and often should, notify employees of their pending work authorization expiration dates and provide them with resources to find a lawyer. However, if an employer becomes too involved, they may gain "firsthand knowledge" that a worker is unauthorized, which would make the employer liable for immigration violations. (38:02)

Question 25

What are some lawful immigration programs employers can use to find workers?

Accepted Answer

Employers can look to various programs for workers, including: H-1B: for professional-level workers with college degrees. (25:52) H-2A and H-2B: for seasonal agricultural and non-agricultural workers, respectively. (11:02) L-1A and L-1B: for transferring managers/executives or employees with specialized knowledge from international operations. (26:27) TN Visa (under USMCA): for professional-level workers who are citizens of Canada or Mexico. (28:00)

Question 26

Can an employer hire refugees and asylees?

Accepted Answer

Yes. Refugees and asylees can be a good source of labor, and there are non-profit organizations that can help connect employers with these workers. (39:34)

James L. Hughes

“Over Here, Over There:” Transnational Issues in Employment Law

As the Trump Administration Ramps Up Worksite Enforcement, Here's How to Be Ready

Change Is In the Air at EEOC and USDOL

COMPLYING WITH THE COVID-19 PAID LEAVE AND FMLA PROVISIONS AND ADDRESSING CORONAVIRUS

Employers Now Facing Mis-Match Letters From the IRS Related To Obamacare Reporting

GOVERNMENT Position: Worker Presents New Social Security Number and States Previous Documents Were Not Real

Healthcare Plans Developing and Unraveling - One Attorney's Opinion

Ideas for Coping with Labor Shortages in Light of Immigration Changes

Immigration Issues – Are You Ready for the New Administration’s Changes in Enforcement?

Last Day to File for Refund of Paid Leave and Employee Retention Tax Credits

Obama Administration Postpones Employer Penalties and Certain Other Requirements Until After 2014 Elections

Obamacare - Issues and Solutions

Possible Extension of TPS Status for Haitians until February 3, 2026 and New E-Verify Status Report

Poultry Processing Plants and Anti-Terrorism Regulations

Prevent Court Cases & Avoid Class Actions – Pros & Cons of Arbitration Agreements in Company Policies

Procedural Accommodations: Efficiently Handling Employer Obligations

Pros, Cons and Issues When Dealing With Electronic I-9 Software Providers

Reports Suggest Confusion as to Whether Certain Workplace Raids to be Stopped

San Francisco Judge Blocks Administration from Terminating TPS Designation for Venezuela

Self-Insured Health Plans After Obamacare

Would you like to receive timely legal alerts, upcoming webinar announcements, and the Employment Law newsletter in your email inbox?