Form I-9 Compliance

U.S. Citizenship and Immigration Services (USCIS) has released a new I-9 Form for review and comment.  The new I-9 has the same data fields, but is now a two (2) page form, instead of one (1) and because of this, has a different appearance.  Essentially, all Section 1 information is on page 1 and all Section 2 and 3 data is on page 2.

The same Lists of Acceptable Documents are included, though some have additional descriptive information.  The instructions for completing the Form I-9 are now six (6) pages long.  The additional instructions are designed to clarify questions surrounding the completion of the I-9.

Below are screen shots of the newly proposed I-9 Form.

Labels: Form I-9, Form i9, New I-9, New I9, Proposed i9, USCIS

The U.S. Supreme court has agreed to hear arguments over the Arizona Immigration Law. 

According to FOX News and Associate Press:

The Supreme Court announced Monday it will hear arguments over Arizona's immigration law after a lower court upheld a Justice Department challenge to void the law, arguing the state can't legislate rules that the federal government is responsible for enforcing.

Similar laws in Alabama, South Carolina and Utah also are facing administration lawsuits. Private groups are suing over immigration measures adopted in Georgia and Indiana.
The case could be heard in April.

The justices -- minus Justice Elena Kagan, who did not participate in consideration of the petition -- said they will review a federal appeals court ruling that blocked several provisions in the Arizona law, including one that requires police, while enforcing other laws, to question a person's immigration status if officers suspect he is in the country illegally.

Like the health care debate, the case adds another politically charged dispute between a Republican-dominated state and the Democratic administration to the court's election-year lineup. On Friday, the justices also intervened in a partisan fight over redistricting in Texas. That case will be heard in January.

The Justice Department sued last year, arguing that Arizona's law goes beyond what the federal government allows in terms of enforcing illegal immigration laws.
Arizona counters that the federal government isn't doing enough to address illegal immigration and that border states are suffering disproportionately.

In urging the court to hear the immigration case, Arizona argued that the administration's contention that states "are powerless to use their own resources to enforce federal immigration standards without the express blessing of the federal executive goes to the heart of our nation's system of dual sovereignty and cooperative federalism."

In April, a three-judge panel of the 9th Circuit U.S. Court of Appeals in San Francisco upheld a federal judge's ruling halting enforcement of several provisions of Arizona's S.B. 1070. Among the blocked provisions: Requiring all immigrants to obtain or carry immigration registration papers; making it a state criminal offense for an illegal immigrant to seek work or hold a job; and allowing police to arrest suspected illegal immigrants without a warrant.

In October, the federal appeals court in Atlanta blocked parts of the Alabama law that forced public schools to check the immigration status of students and allowed police to file criminal charges against people who are unable to prove their citizenship.

http://www.foxnews.com/politics/2011/12/12/supreme-court-considers-taking-cases-against-state-immigration-laws/

Labels: Arizona Immigration Law, Form I-9, Form i9, i-9, i9, illegal alien, illegal worker, immigration enforcement, immigration law, Supreme Court Immigration

A Mississippi couple has been charged with hiring and harboring illegal aliens for their irrigation company.  They were charged, among other things, with improper use of Social Security numbers and making false statements on immigration forms (Form I-9).

According to a U.S. Immigration and Customs Enforcement (ICE) press release:

Paul and Barbara Love of Ridgeland, Miss., were also charged with improper use of Social Security numbers and making false statements on immigration forms.

The case is being investigated by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).  If convicted, Paul Love faces a maximum sentence of 30 years in prison and/or a $1.25 million fine. Barbara Love faces a maximum sentence of 40 years in prison and/or a $1.75 million fine. Love Irrigation, Inc. faces a maximum fine of $1.5 million and up to five years probation. The trial is scheduled for Jan. 9, 2012, before U.S. District Chief Judge Henry T. Wingate in Jackson.

According to the indictment, Paul and Barbara Love are the owners of Love Irrigation, a lawn irrigation, sprinkler installation and landscaping company located in Ridgeland.  From 2003 through 2010, the Loves continued to employ, and even rehired, illegal aliens, despite being told by certain aliens that they were in the country illegally. 

In May 2008, ICE HSI visited Love Irrigation and instructed the couple on how to properly complete Forms I-9, verify Social Security numbers and participate in the E-Verify program. Afterwards, ICE HSI reviewed the company's I-9 forms and informed the Loves that seven employees were in the country illegally and must be terminated. Rather than terminate the illegal alien employees, Love Irrigation, Paul Love and Barbara Love continued to employ them and took affirmative steps to hide the illegal alien employees from detection. The Loves then classified the illegal alien employees as “contract labor” and ceased reporting them to the Mississippi Department of Employment Security (MDES) as required by law. Further, the Loves stopped paying the illegal alien employees in checks at the company offices and began paying them in cash at off-site locations. Crew supervisors were also instructed to pick up and drop off the illegal alien employees at covert locations other than the company offices in Ridgeland.

The indictment further alleges that, in 2010, Love Irrigation began resubmitting the names of its illegal alien employees to MDES, using the exact same names and Social Security numbers for some, but using different Social Security numbers for others previously identified by ICE HSI in 2008.

Paul and Barbara Love also began falsifying I-9 forms in 2010, listing false employment start dates for various illegal alien employees, while listing different Social Security numbers from those used by the same illegal alien employees on the forms in the past and previously reported to the MDES. ICE HSI executed a criminal search warrant on Love Irrigation's offices in Ridgeland in July 2010.

Contact us a 949-640-4949 or info@formi9.com to find out how we can help protect you and your business from inadvertent employment violations.

Labels: California E-Verify, everify, Form I-9, Form i9, homeland security, hr violation, i-9 audit, i9 audit, ICE raid, immigration violation, worksite enforcement, worksite immigration

An El Paso, Texas hotel owner was sentenced to 15 years in federal prison last week for conspiracy to smuggle, transport and/or harbor illegal aliens, money laundering and tax fraud.  This was a result of U.S Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) investigation of Song U. Chon, 55, owner of the Gateway Hotel.

Chon was sentenced to 180 months in federal prison $481,812.32 in restitution to the government, a money judgment of $2,305,497 and an additional judgment of $873,910 against the YCL, Inc, of which Chon was president.  24 other defendants were convicted and sentenced as well.

ICE reported that they conspired and devised a plan to smuggle hundreds of illegal aliens into the U.S. from Mexico, Central America, South America, Eastern Europe and Southwest Asia.  Chon harbored them in the hotel, provided shelter and clothing, collected a "sponsor" fee of about $2,000 per alien and then shipped them to their final destination.

While this is an egregious case of harboring aliens, it is futher proof of ICE's commitment to investigating U.S. employers for compliance with immigration laws.

Contact us if you would like assistance in determining your risk level regarding immigration compliance and how to ensure that you are protected in case of an ICE I-9 audit.

You can reach us at 949-640-4949, info@formi9.com or www.formi9.com

Labels: aliens, employer immigration compliance, i-9 audit, illegal alien, immigration imprison, immigration law

According to U.S. Immigration and Customs Enforcement (ICE), the owner and manager of a San Diego bakery have pleaded guilty to hiring illegal workers.  This comes after a four-year investigation by ICE.  Both the owner and the manager face stiff fines and jail time because of a long time practice of hiring illegal aliens.

At a hearing in federal court, The French Gourmet, Inc., along with Michel Malecot, 59, the business owner and president, and Richard Kauffmann, 58, the bakery's manager, pleaded guilty to the felony offense of hiring at least 10 illegal aliens from 2006 to 2007. The defendants also admitted employing illegal alien workers as early as 2003, despite being fined in the 1990s by the former Immigration and Naturalization Service (INS) for employing illegal aliens.

"These guilty pleas show our commitment to holding employers accountable," said Derek Benner, special agent in charge for ICE HSI in San Diego. "HSI will continue to investigate employers who build their business model on exploiting illegal alien labor. Our goal is to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce."

In pleading guilty, the company and Kauffman admitted they repeatedly rehired illegal alien workers, even after the company received "no-match" letters from the Social Security Administration advising employees' names did not match the Social Security numbers reported by the company on its tax returns.

Malecot also pleaded guilty to a misdemeanor charge related to continuing to employ illegal aliens. Malecot admitted that 91 illegal aliens were employed unlawfully at the French Gourmet between 2005 and 2008, and that he knew at least seven of those individuals were not authorized to work in the United States.

In conjunction with the guilty pleas, The French Gourmet and Malecot agreed to forfeit the illicit proceeds gained from the bakery's illegal hiring practices. Although the total financial penalty is expected to be between $350,000 and $650,000, the exact amount of the forfeiture and fine will be determined by U.S. District Judge Thomas J. Whelan at a sentencing hearing December 19.

Kauffmann faces a maximum of five years in prison, a $250,000 fine, and three years of supervised release. Malecot faces a maximum of six months in custody and a fine of $3,000 per illegal alien worker.

Criminal prosecutions are just one of many tools ICE HSI uses to reduce the demand for illegal employment and protect job opportunities for the nation's lawful workforce. That enforcement strategy also includes the expanded use of civil penalties, employer audits and debarment. In the first 11 months of fiscal year 2011, ICE HSI initiated audits involving 2,393 employers nationwide – surpassing the record number conducted in all of fiscal year 2010. That figure includes 83 businesses in the San Diego area. During that same time frame, ICE issued 308 final fine notices totaling more than $8 million to employers across the country, again surpassing the record fine total in fiscal year 2010.

If you would like more information on how you can avoid fines and penalties resulting from an ICE I-9 audit, contact us a 949-640-4949, info@formi9.com or www.formi9.com

Labels: employer immigration compliance, HSI, i-9 audit, i9 audit, ICE investigation, illegal alien, illegal worker, manager jail, owner jail, San Diego Bakery, worksite enforcement

While the Federal Government and many State Governments are passing laws that require E-Verify use by employers, California is, as usual, a little different.

Governor Jerry Brown signed "The Employment Acceleration Act of 2011" into law this week, which prohibits state and local governments in California from passing local mandates that require employers use the E-Verify program to electronically verify the employment eligibility of newly hired employees.

The act prohibits the use of E-Verify:

1. As a condition of receiving a state or local government contract;
2. As a condition of applying for or maintaining a business license; or
3. As a penalty for violation of other laws.

However, the act does NOT override employer requirements to verify the employment eligibility of employees through EVerify, if their participation is required by federal law or as a condition of receiving federal funds or contracts.

California employers are still required to comply with the federal Employment Eligibility Verification (Form I-9) process, ensuring that they complete and maintain a Form I-9 for all employees.

If you would like more information on electronic Form I-9s, I-9 Auditing, or E-Verify services, contact us at 949-640-4949, info@formi9.com, or www.formi9.com

Labels: California E-Verify, e-verify mandate, employment acceleration act of 2011, employment eligibility verification, everify, Form I-9, i9

The Legal Workforce Act was introduced by Texas Congressman, Lamar Smith, in June 2011.  Since that time, it has been gaining support and spurring a controversy. 

As Chairman Smith states in his E-Verify fact sheet for the act:  "There is no other legislation that can be enacted that will create more jobs for American workers."

Chairman Smith's fact sheet also states:

Twenty-four million Americans want a full time job, but can’t find one.  Of these, 19 million
are Americans without a college degree who compete most directly with unskilled illegal
immigrant workers.  And according to the Pew Hispanic Center, seven million people are
working in this country illegally.  These U.S. jobs should go to legal workers. 

E-Verify, currently a voluntary program, quickly identifies those working illegally. 
Making it mandatory for all employers will open up more jobs for Americans and legal
immigrants.  It is an electronic employment eligibility verification system available free online. 
Social Security numbers and immigrant identification numbers of new hires are checked
against SSA and DHS databases to help determine work eligibility.

 Nearly 290,000 businesses currently use E-Verify and 1,300 new businesses sign up each
week.

Persons eligible to work receive immediate confirmation 99.5% of the time. 

The American public has consistently supported E-Verify.  A May 2011, Rasmussen poll
found that 82% of likely voters “think businesses should be required to use the federal

And it looks like E-Verify is being fast tracked to be launched across the nation.

According to www.buildercounsel.com, "It just got to Washington state, but its already on a fast track for the whole nation – and all business owners."

According to an article by the Orange County Register, "Supporters say the measure would push illegal immigrants from the workforce and reclaim those jobs for Americans or legal residents while leveling the playing field.  Opponents say the program would saddle small business owners with additional burdens".

Some note that in the aftermath of the Chipotle audits that resulted in 1/3 of their Minnesota workforce being terminated, hundreds of Americans lined up to take the jobs once held by illegal workers.

We fully expect that E-Verify will become mandatory for all U.S. employers in the not too distant future.

If you would like more information on E-Verify, I-9s, or immigration compliance, please contact Form I-9 Compliance at 949-640-4949, info@formi9.com, or www.formi9.com

Labels: chipotle, e-verify, everify, Form I-9, i9, illegal immigrant workforce, immigration compliance, immigration enforcement, Legal Workforce Act