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Worksite Enforcement
ICE Raids
Every astute business person should know that Immigration and Customs Enforcement (ICE) has greatly expanded the number and scope of its worksite enforcement operations in recent months. Known as ICE Raids, these actions have resulted in a 45-fold increase in criminal worksite arrests. ICE officials have publicly stated that they are focused on all industries where employers knowingly have hired undocumented workers.
The targeted companies in particular include those involved in our country's critical infrastructure construction. Other specially targeted companies include those providing services and/or goods to U.S. government agencies, landscaping services, food services, building cleaning services, and food processing plants, to name a few.
The government has sought punishment against both employers and employees through civil and criminal prosecutions. Fines may range up to as much as $16,000 per violation (per illegal alien employed), and criminal sentences for executives and supervisors can exceed 10 years in prison.
It's up to you to make certain you comply with all federal laws related to employment. To help you do that, Theodore Murphy can apply his significant experience with Immigration and Customs Enforcement (ICE) worksite enforcement operations and I-9 compliance. He gained this experience while working as an attorney with the Immigration and Naturalization Service (INS) and ICE for more than 10 years.
I-9 Audits
Your best approach to avoiding the harsh consequences of ICE Raids is to first conduct an internal I-9 audit. Then you want to institute secure company-wide policies that comply with federal laws for the hiring of foreign nationals.
As an employer, you are responsible for the completion and retention of Forms I-9. Absolutely every employee, regardless of citizenship or national origin, who is hired for employment in the U.S. must complete Form I-9, Employment Eligibility Verification. Failure to persist in having employees properly complete I-9 forms may result in you or your company being fined from $100 to $1100 per violation on each I-9 form. Your organization's failure to complete or retain I-9 forms may also lead to more serious charges of knowingly hiring unauthorized workers resulting in significant civil and criminal penalties.
Murphy Law Firm can help you comply with the government's strict regulations. The firm provides internal audits and guidance to support clients in avoiding ICE raids, federal employer sanctions for I-9, Social Security, and other employment-related violations. As a member of the private bar, Mr. Murphy provides assistance to business clients with I-9 compliance, record-keeping, and electronic verification requirements.
E-Verify
E-Verify is the federal government's Internet-based system designed to assist employers in meeting worksite compliance requirements. E-verify can help you confirm that newly hired employees are authorized to work in the United States.
The E-Verify system compares social security number data and information in the Department of Homeland Security databases to an employee's name and other I-9 information to confirm the employee's work eligibility.
To participate in E-Verify, your company must register on-line at the Department of Homeland Security's E-Verify page and accept the electronic Memorandum of Understanding (MOU). This memorandum details the responsibilities of the Social Security Administration, the Department of Homeland Security and you as an employer.
Use of the E-Verify system provides three separate results: (1) that employment is authorized, (2) that the verification system is in progress, or (3) that the social security number and name are not confirmed. If a non-confirmation is received for an employee, your firm must re-verify the information, terminate the employee, or face consequences for hiring an illegal worker.
While there are some problems associated with the reliability and accuracy of the Social Security Administration's databases, it is important to know that the federal government, as well as several state governments require the use of E-Verify or your company may face the risk of losing contracts and business licenses.
Some employers believe there is a significant detriment to the E-Verify program. That is, by signing the MOU, You agree to permit personnel from ICE and the Social Security Administration to enter your facility or facilities at any time. They are then able to review E-Verify, related records (forms I-9, SSA transaction records and DHS verification records) as well as other employment records and to interview an employer's authorized agents or designees.
To assist you in meeting and dealing with all these issues, Murphy Law Firm can provide quality assistance in determining whether E-Verify is required for your particular company.