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Worksite Enforcement & Immigration Compliance
With the demise of immigration reform in Congress, Immigration and Customs Enforcement (ICE) is stepping up enforcement of existing laws prohibiting the employment of illegal workers. Other government agencies (Department of Justice, the IRS and Department of Labor) have launched their own investigations, audits and prosecutions. At the same time, Social Security is sending employers notices of millions of “no-match” social security numbers. States are jumping into the act, passing laws that impose sanctions on employers hiring illegal aliens. In addition, DHS has announced increased fines for I-9 violations. The “Crackdown on U.S. Bosses,” first reported by The Wall Street Journal in January 2007, is continuing in earnest and accelerating. Now is the time for prudent companies to implement a Corporate Immigration Compliance Program.
Our Worksite Enforcement and Corporate Compliance Team provides practical advice on “best practices” and “safe harbors” to help companies mitigate risk. Our unique approach to client service stems from the insights and expertise of our integrated team, which includes former federal prosecutors and veteran attorneys in the fields of immigration, tax, labor/employment and government contracts law. This depth of experience enables us to assist clients with all aspects of compliance and investigations: from personnel training or developing a corporate immigration compliance program to responding to a grand jury subpoena or an IRS or ICE audit.
Our Team also helps employers sort through the contradictory pronouncements from agencies with different missions: some protecting workers from national origin discrimination if they are fired; others removing (deporting) them and imposing civil and criminal fines on employers. We also advise companies on the increasing number of state-by-state requirements that prohibit companies from entering into government contracts or retaining their business licenses if they have not verified the identity and immigration status of their workers. Arizona, for example, has mandated the use of E-Verify by all employers effective Jan. 1, 2008. At least eight other states have enacted similar laws with more to follow.
Williams Mullen provides counseling, compliance training and representation in these key areas:
“NUTS AND BOLTS” OF THE NEW I-9 FORM
- on-site or web seminar training on proper procedures;
“BEST PRACTICES” IN ADMINISTERING I-9 COMPLIANCE PROGRAMS
- Training with Williams Mullen’s comprehensive compliance manual;
- Tools to teach compliance to managers in field or remote offices;
- I-9 record retention and re-verification policies;
- Practical guidelines for reducing paperwork and substantive violations and lowering risks of penalties;
- New standards for self-audits.
SOCIAL SECURITY (SSN) “NO-MATCH LETTERS”
- “Best practices” and “safe harbors” while awaiting the Final ICE Rule;
- Dealing with current enforcement trends;
- Strategic advice on whether to retain or terminate employees.
E-VERIFY (FORMERLY BASIC PILOT)
- Pros and cons of on-line checks for new hires’ status and social security numbers;
- State law requirements;
- “Safe Harbors”;
- Use of other new technologies.
IMMIGRATION-RELATED EMPLOYMENT DISCRIMINATION
- Enforcement standards at the EEOC and Office of Special Counsel (OSC);
- Private Title VII lawsuits and class actions.
EMPLOYEE TERMINATIONS
- Union interventions and unfair labor practice charges;
- Blocking or countering union efforts to launch OSHA and DOL wage & hour investigations and class-action litigation;
- Assessment of ICE enforcement risks when company retains employees who cannot pass I-9 re-verification.
ICE RAIDS AND I-9 AUDITS
- Corporate Miranda rights;
- Search warrants, interrogations of managers, employee detentions and arrests;
- Procedures for producing payroll, personnel and I-9 records including shielding “privileged documents”;
- Reach of ICE and DOL subpoena powers.
IRS CIVIL TAX AUDITS FOR NO MATCH SOCIAL SECURITY NUMBERS
- Minimizing tax liability and the risks of referrals to IRS Criminal Investigative Division (CID).
PRE-M&A IMMIGRATION DUE DILIGENCE
- Historical risks;
- Internal controls;
- Target firm’s I-9 and immigration records and policies;
- Successor liability and responsibilities;
- H-1B and pending Green Card employees: how solid are their visas?
FEDERAL CORPORATE CRIMINAL RISKS
- Federal grand jury subpoenas and search warrants;
- Representation of company and managers in Department of Justice investigations and prosecutions;
- Status as witness, subject or target;
- Negotiation of non-prosecution agreements and immunity;
- Global settlements.
REMOVAL (DEPORTATION) OF EMPLOYEES
- Worker defenses and corporate exposure.
CONTRACT I-9 COMPLIANCE REQUIREMENTS
- Immigration responsibilities when doing business with multinational corporation or a state or federal government;
- Reducing liability for “constructive knowledge” of worksite violations by contractors and subcontractors.
NEW STATE EMPLOYER SANCTION STATUTES
- Business license revocations;
- Debarment of government contracts;
- Costs and benefits of compliance;
- Constitutional challenges;
- Impact of E-Verify.
FEDERAL LITIGATION
- RICO actions, civil liability, class actions.
LEGAL IMMIGRATION ALTERNATIVES
- Green Cards and quotas;
- H-1Bs and caps;
- Temporary workers;
- Use of “bench strength” overseas to file for alternative visas to the Green Card and H-1B;
- “Best Practices” in retaining and recruiting foreign nationals under the existing system for legal immigrants and non-immigrants.
IMMIGRATION REFORM
- Representation in connection with pending or proposed legislation at the state and federal levels.
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