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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Walking the line between hiring only authorized workers and violating the discrimination laws

March 19, 2017 0 COMMENTS

by Elaine Young

Here are two situations in which you must avoid discrimination while fulfilling your obligation to hire only authorized workers.  Form and pen - 2

Situation #1

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What Supreme Court’s split decision on immigration reform means for employers

June 24, 2016 4 COMMENTS

by Jacob M. Monty

President Barack Obama’s executive actions on immigration were not upheld by the U.S. Supreme Court. Some of your employees are probably disappointed and unsure of how to move forward. The disappointment they are experiencing and displaying doesn’t mean they are undocumented workers, and you shouldn’t assume they are. Here are some insights for employers in the wake of the Court’s recent decision.  Supreme Court

Background on DACA+ and DAPA

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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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What does the immigration executive action mean for employers?

December 14, 2014 0 COMMENTS

by Christine D. Mehfoud

Whether the president’s recent series of immigration-related executive actions will survive potential legal challenges and congressional action remains to be seen. For now, set aside your political views (while I love a good political debate, this space is for practical business implications), and let’s focus on how the executive actions will affect employers.  Immigration reform

What does the executive action include?

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What employers need to know about immigration reform

October 19, 2014 0 COMMENTS

by Christine D. Mehfoud

Turn on the news. Open the paper. Click on cnn.com. For months, if not years, immigration has been one of the top stories. Specifically, immigration reform: Will immigration reform happen? When will it happen? And what will it look like if it does happen?

As the 2014 midterm elections draw closer, the immigration reform debate will certainly intensify. And now the White House is joining the conversation, with President Barack Obama threatening to take matters into his own hands. Regardless of their political affiliation or position on immigration reform, employers need to understand what immigration reform means for their day-to-day operations.  Immigration Reform

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What’s on the immigration horizon for employers?

July 14, 2013 0 COMMENTS

by Elaine Young

During the month of May, the Senate Judiciary Committee marked up the comprehensive immigration reform bill that the “Gang of Eight” proposed earlier in the year. In June, we saw the House of Representatives debate over what to add or take away from the bill. Here’s a quick Q&A on how some of the most likely provisions will affect employers. Just a note―the bill is more than 800 pages long, so this is a general summary.

Drilling down to the basics

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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…