The Govt Crack Down on Illegal Aliens and the Employers Obligation to Verify Employment Authorization Stephen B. Yurik Lane Alton & Horst (614)

Increased Enforcement Activity by ICE The Secure Border Initiative and Operation Return to Sender, June 06 Secure Borders Interior enforcement Work Site Jails Quick Removal

Increased Activity by ICE Work Site raids and Arrests Criminal Arrests FY FY Administrative Arrests FY FY

ICE Priorities National Security Critical Infrastructure Military installations Nuclear Power Plants Chemical Power Plants Airports Egregious Employers Rely on Illegal Aliens

Noteworthy Recent Examples Swift and Company (meat processor) 1297 Arrested 219 Criminally Charged Remainder placed in Removal Garcia Labor Company / ABX Air Ignored 100s of No Match letters from SSA Officers face up to 10 years in prison Forfeit $12 million in profits

Employers Competing Obligations Immigration Reform and Control Act 86 Verify Employment Authorization of All Employees (Form I-9) Must Not Discriminate based on National Origin Citizenship Status

Completing I-9 Forms Employees Obligations Attest To Citizenship Status Provide documents showing identity and work eligibility from Lists of Authorized Documents List A: Identity and Work Eligibility List B: Identity List C: Work Eligibility

Completing I-9 Forms Employers Obligations Attest that has examined document(s) Cannot specify which documents Appear to be genuine Employee is eligible to work in U.S. Retain I-9s Make available to ICE and DOL Reverify on or before expiration

Employers Knowledge of Unauthorized Employment Constructive Knowledge Does not complete I-9 Does not re-verify eligibility before expiration Evidence requiring further inquiry Conflicting documents Apparent forgery Tip from ICE No-match letter?

No-Match Letters Employers must submit W-2 info to SSA Names & SS#s SSA advises of mismatch sometimes Not constructive knowledge by itself Clerical error Name change SSA does not share information with ICE Employer should take reasonable steps

Proposed Safe Harbor Rule No-Match not constructive knowledge if Check for clerical errors Have employee confirm records are correct Give employee chance to resolve any continuing problems with govt agency Terminate employee if not resolved

Basic Pilot Program Voluntary with exceptions Allows employers to confirm employment eligibility within seconds - usually How Complete I-9 Submit to SSA through internet Queries made to USCIS when necessary

Unlawful Discrimination National Origin Discrimination – Look at facts, not faces Unlawful Considerations Place of Birth Appearance Accent

Unlawful Discrimination Citizenship Status Lawful status U.S. Citizen Lawful Resident (Green Card) Asylee or Refugee Temporary Worker Cannot hire illegal aliens OK to prefer citizen when equally qualified

Penalties for Hiring Illegals or Discrimination Against Legals Fines 1st offense - $250 to $2000 per individual 2 nd offense - $2000 to $5000 per individual 3 rd offense - $3000 to $10,000 per individual Back Pay in discrimination cases Attorneys fees in limited circumstances

Recommendations Complete an I-9 on all new hires Be open to hiring non U.S. citizens Dont make assumptions regarding employment status based on appearance or accent Let the employee choose from the list of acceptable documents Follow up reasonably on indications of unlawful status Dont hire or retain immigrants that dont have employment authorization