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Immigration isn't
just a hot topic on the campaign trail these days.
It hits close to home for employers in many industries —
such as construction — with need for a large number of
laborers of varying skills.
DID YOU KNOW . .
.
1. You need
immigration counsel even if you do not employ a single
foreign worker?
All U.S.
employers must comply with the I-9 employment
eligibility verification requirements, regardless of the
makeup of their workforce.
2. Those "no match"
letters you receive from the Social Security
Administration (SSA) aren't just FYI's?
For years,
employers have been receiving letters from the SSA
advising when an employee’s name does not match the
social security number found in the SSA’s
database. The Department of Homeland Security is
slated to issue regulations later this month to address
employers’ responsibilities in “no match”
situations.
3. Employers are
required to maintain Forms I-9, Employment Eligibility
Verification, for each member of its workforce
(including U.S. citizens) hired after Nov. 6, 1986, and
can be fined for not doing so?
Employees are
required to complete Section 1 of the Form I-9 on the
date of hire. Within three business days of the
date of hire, employers must physically examine original
documentation that establishes the identity and
employment authorization of the employee and must
complete Section 2 of Form I-9. Gardere can help
ensure that this is done properly and provide guidance
for I-9 file maintenance.
4. Department
of Homeland Security has requested a $50
billion budget for next year, with much of that
earmarked for funding worksite enforcement
actions?
Employers in
industries that experience high shortages of workers and
use unskilled labor find themselves easy targets for
audits, fines, and repeat audits from the
government. With increased effort and resources
being focused on enforcement, it only makes good
business sense for employers to develop and practice a
thorough I-9 compliance plan.
5. If you do
business in Arizona, Colorado, Georgia, Illinois,
Minnesota, Oklahoma, or Tennessee and have never
heard of E-Verify, you might be risking your business
license and future contracts?
E-Verify is the
federal government’s internet-based system that allows
employers to electronically verify the employment
eligibility of new hires. Although enrollment in
the E-Verify Program is voluntary at the federal level,
some states, such as Arizona are making participation
mandatory. As of Jan. 1, 2008, Arizona employers
are required to confirm employment eligibility of all
new hires through the E-Verify Program and could face
state business license suspension or revocation for
noncompliance.
6. Last year, U.S.
Immigration and Customs Enforcement (ICE) made more that
4,900 arrests in connection with worksite enforcement
investigations, including 863 involving criminal
violations, and obtained more than $31 million in
criminal fines, restitutions and civil judgments?
Know what to do BEFORE ICE shows up at
your doorstep.
LOOKING
AHEAD . . .
Each year, the
government puts more time and money
into enforcement actions against private employers,
and this year is no different. In a speech on
homeland security issues given at an American Bar
Association conference in January, ICE Assistant
Secretary Julie Myers stated that in 2008, we can expect
to see "a lot more I-9 inspections of
employers."
Effective March 27, 2008,
the civil monetary fines employers can face for
immigration related violations are also set to
increase. And perhaps even more alarming, the
possibility of criminal sanctions is on the rise.
Commenting on a recent felony indictment against
five IFCO Systems North America managers alleging a
conspiracy to employ unlawful workers, Ms. Myers further
stated that "ICE is bringing to justice corporate
managers who harbor illegal aliens for their
workforce in order to gain an unfair business advantage
over their competition."
If
you are interested in learning more about the subject of
this alert or any other construction-related matters,
please contact one of the attorneys on the Gardere
Construction Team.
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