A new era in immigration enforcement: what employers should know

April 16, 2017 0 COMMENTS

by Lori T. Chesser

Immigration law used to be something that few people thought about unless a friend or a relative was going through the system. Now, it’s a daily feature in our news and on social media. It’s likely that few of us have missed the news of President Donald Trump’s Executive Orders addressing immigration and travel to the United States. The U.S. Department of Homeland Security’s (DHS) release of internal implementation memos related to the president’s orders was international news, probably for the first time in the history of that agency.  immigrationreform

While any pervasive political issue can affect the workplace, employers are well-advised to pay attention as the new federal policy on immigration enforcement unfolds. Rare will be the employer that isn’t affected by the administration’s actions in some way.

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Employers risk damages, civil money penalties for improper I-9 and E-Verify procedures

May 17, 2015 0 COMMENTS

by Mary Pivec

Employers face a high cost if they are accused of engaging in discriminatory employment verification procedures. The Office of Special Counsel for Immigration-Related Discrimination (OSC) in the Civil Rights Division of the U.S. Department of Justice (DOJ) has made it a priority to pursue employers that allegedly misuse or abuse their access to the E-Verify program and unlawfully discriminate against applicants and employees in hiring and termination on the basis of their citizenship status or engage in document abuse.  Employment Verification Information

Employers suspected of a pattern or practice of discriminatory employment verification procedures could face months of costly investigation and be forced to pay civil money penalties, back wages, and punitive damages. What’s more, they could be barred from participating in the E-Verify program, lose the right to do business in some areas, and face debarment from federal contracting rights.

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“Deferred action” policy now in place for immigrant youth

September 16, 2012 0 COMMENTS

by Elaine Young

President Barack Obama recently announced a new immigration enforcement policy that opens new doors to thousands of immigrant youths. An estimated 800,000 young people have graduated from American high schools but aren’t authorized to work in the United States because they are here unlawfully. The new policy gives them a degree of legal protection from deportation and will authorize employment.

Requirements for “deferred action” status

Under the policy, the U.S. Department of Homeland Security (DHS) will not initiate deportation proceedings against any undocumented youth who meets all of the following five criteria: read more…