Tag Archives: I-9

Are You Using the New I-9 Form?

As the Trump administration settles in, those of us who counsel employers have cautioned to “expect the unexpected.” Certainly, the last five weeks have brought a bevy of twists and turns. However, one consistent theme from the new administration has been a tough stance on immigration-related matters. Accordingly, employers must pay close attention to the … Continue reading this entry

DACA and DAPA and Form I-9, Oh My! Does Prior Document Fraud Require Termination?

Employer
President Obama’s recent decision to take executive action on immigration may cause confusion for some employers with regard to Form I-9 compliance. The action includes two initiatives that potentially impact Form I-9 recordkeeping — enhancements to the Deferred Action for Childhood Arrivals (DACA) program and the creation of a similar program for parents of U.S. citizens … Continue reading this entry

Avoiding Fines by Starting the I-9 Process Early. Just Not Too Early…

Employer
As we have noted in prior posts, Immigration and Customs Enforcement (“ICE”) has been aggressively pursuing I-9 inspections and imposing record fines (about $12.5 million per year) as part of its multi-year strategic plan. Employers should not turn a blind eye to this uptick in enforcement activity and would be wise to fight back by … Continue reading this entry

I-9 Documentation Continues to be at the Center of ICE Scrutiny

Immigration Customs and Enforcement (“ICE”), has recently launched a “silent raid” targeting over 1,000 U.S. employers suspected of hiring undocumented immigrants by notifying them that they must submit to a full audit of their I-9 compliance documentation. The so-called “silent raids” are the largest since July 2009, and highlight the government’s continued trend of sanctioning … Continue reading this entry

ICE’s Attempt to Elicit Admission of Liability in Form I-9 Settlement Agreements Fails

Disputes between employers and U.S. Immigration and Customs Enforcement (ICE) are heard by the U.S. Department of Justice’s Office of the Chief Administrative Hearing Officer (OCAHO), which rules on issues arising under the Immigration and Nationality Act (INA) such as the known hire and ongoing employment of foreign nationals who are not authorized to work … Continue reading this entry

USCIS Extends Validity of Current Employment Eligibility Verification Form I-9 Past Its Stated Expiration Date

U.S. Citizenship and Immigration Services (USCIS) recently announced  that employers should continue using the current version of Employment Eligibility Verification Form I-9 even after the August 31, 2012 expiration date printed on the form.… Continue reading this entry

ICE is Back With a Brand New Mission

  Dustin J. O’Quinn In January of 2012 two Houston, Texas companies each agreed to pay $2 million to the Department of Homeland Security (DHS) and to adhere to strict revised Immigration compliance programs set forth by the DHS’ Immigration and Customs Enforcement (ICE) agency as part of a non-prosecution agreement. These penalties were the … Continue reading this entry