From ILW.com...
ICE/DRO is announcing their new Online Detainee Locator System will be available in June 2010. (See below)
ODLS is scheduled to deploy in June 2010, and will be accessible by visiting ICE's public Web site (http://www.ice.gov/locator). Persons using ODLS do not need to set up an account or get special permission to use the system. ODLS provides two ways to search for a detainee: (1) Perform a query using an Alien Registration Number (A-Number) and country of birth; or (2) perform a query using a full name and country of birth. After receiving the query entered by the user, ODLS searches for a match among current ICE detainees and detainees who have been booked out of ICE custody (regardless of the reason) within the last 60 days. All records that match the user's query are returned to the user in a list of one or
more search results.
ODLS only performs exact-match searches. This means that the search
query entered by the user (specifically, the name or A-Number) must
exactly match the information in a detention record in order for the
record to be identified as a match and included in the ODLS search
results. For example, a search for ``Robert Smith'' will not return a
detention record for ``Robert Smyth'' or ``Bob Smith.'' When conducting
an A-Number search, ODLS users will see a maximum of one record in the
results because A-Numbers are assigned to individuals uniquely. When
conducting a name-based search, however, ODLS users may see multiple
records in the results if several detainees share the same name and
country of birth. Users may use the year of birth provided in the
results to distinguish among detainees with the same name.
ODLS only contains information about individuals who are currently
in ICE custody or were previously detained by ICE within the past 60
days.
Showing posts with label ICE. Show all posts
Showing posts with label ICE. Show all posts
Thursday, May 6, 2010
Tuesday, March 23, 2010
Recent restaurant raids show immigration agency's new strategy - Springfield, IL - The State Journal-Register
Recent restaurant raids show immigration agency's new strategy - Springfield, IL - The State Journal-Register
This article from Springfield, IL discusses the new enforcement strategy for immigration. That is to audit the I-9 files of employers all over the country and to fine the employers and putting the undocumented workers in deportation. This is what restrictionists say they want (although I'm not holding my breath waiting for them to praise the Obama administration). But it also has to be what reformers want because even though it is painful...change is not going to come until more powerful economic interests start to be affected by our antiquated immigration policy.
When popular restaurant chain names start appearing in articles like this with big fines next to their names - that is when you know reform is on the way.
This article from Springfield, IL discusses the new enforcement strategy for immigration. That is to audit the I-9 files of employers all over the country and to fine the employers and putting the undocumented workers in deportation. This is what restrictionists say they want (although I'm not holding my breath waiting for them to praise the Obama administration). But it also has to be what reformers want because even though it is painful...change is not going to come until more powerful economic interests start to be affected by our antiquated immigration policy.
When popular restaurant chain names start appearing in articles like this with big fines next to their names - that is when you know reform is on the way.
Tuesday, March 16, 2010
The Associated Press: Vermont dairy farmer talks about immigration probe
The Associated Press: Vermont dairy farmer talks about immigration probe
This AP story describes what generally happens during an I-9 audit when ICE comes to visit. Sounds like they are being a little kinder & gentler these days. If you are a business owner who gets audited don't count on it going this smoothly.
excerpt from the story...
He would like to be able to hire foreign farmworkers on temporary visas for several years at a time. Because their business is year-round, dairy farms aren't eligible for workers under the H2A temporary visa worker programs used by crop farmers.
With 950 cows that need to be milked three times a day, Gervais said he's struggled to find reliable workers. Many apply only when they can't find work elsewhere. They often have drug or alcohol problems or troubles at home, he said. He pays his staff $10 to $12 an hour, but said milking can be monotonous and not everyone enjoys it or is good working with animals.
"There's not enough people that want to do it. That's the real, true issue," Gervais said. "I mean there's good Americans that can milk, but there's not enough of them that can and want to."
He was irked that dairy farms — having endured a year of the lowest milk prices in memory — were targeted by investigators.
"With the situation the dairy industry is in, we really don't need this right now," he said. "We're got plenty going on just making a living."
But it could have been worse, he said.
Instead of rounding up workers, the inspector came to the milking barn looking for Gervais. She told him she was doing a random audit and asked for the paperwork. Immigration officials later went through the forms with a fine-tooth comb and found errors, which were largely clerical, Gervais said. They asked for the payroll a second time and eventually told him three workers were illegal. Gervais had talked to several lawyers and didn't know what to expect.
This AP story describes what generally happens during an I-9 audit when ICE comes to visit. Sounds like they are being a little kinder & gentler these days. If you are a business owner who gets audited don't count on it going this smoothly.
He would like to be able to hire foreign farmworkers on temporary visas for several years at a time. Because their business is year-round, dairy farms aren't eligible for workers under the H2A temporary visa worker programs used by crop farmers.
With 950 cows that need to be milked three times a day, Gervais said he's struggled to find reliable workers. Many apply only when they can't find work elsewhere. They often have drug or alcohol problems or troubles at home, he said. He pays his staff $10 to $12 an hour, but said milking can be monotonous and not everyone enjoys it or is good working with animals.
"There's not enough people that want to do it. That's the real, true issue," Gervais said. "I mean there's good Americans that can milk, but there's not enough of them that can and want to."
He was irked that dairy farms — having endured a year of the lowest milk prices in memory — were targeted by investigators.
"With the situation the dairy industry is in, we really don't need this right now," he said. "We're got plenty going on just making a living."
But it could have been worse, he said.
Instead of rounding up workers, the inspector came to the milking barn looking for Gervais. She told him she was doing a random audit and asked for the paperwork. Immigration officials later went through the forms with a fine-tooth comb and found errors, which were largely clerical, Gervais said. They asked for the payroll a second time and eventually told him three workers were illegal. Gervais had talked to several lawyers and didn't know what to expect.
Wednesday, March 3, 2010
ICE serves 180 audit notices to businesses in 5 states
ICE serves 180 audit notices to businesses in 5 states
NEW ORLEANS - U.S. Immigration and Customs Enforcement (ICE) is issuing Notices of Inspection (NOIs) to 180 businesses in Louisiana, Mississippi, Alabama, Arkansas and Tennessee. The notices alert business owners that ICE will be inspecting their hiring records to determine whether or not they are complying with employment eligibility verification laws and regulations.
Inspections are one of the most powerful tools the federal government has to enforce employment and immigration laws. This new initiative is part of ICE's increased focus on holding employers accountable for their hiring practices and efforts to ensure a legal workforce.
"ICE is committed to establishing a meaningful I-9 inspection program to promote compliance with the law. This effort is a first step in ICE's long-term strategy to address and deter illegal employment," said Raymond R. Parmer, Jr. acting special agent in charge of the ICE Office of Investigations in New Orleans.
Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual's identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual.
Due to the ongoing, law enforcement sensitive nature of these audits, the names and locations of the businesses will not be released at this time.
In 2009, ICE implemented a new, comprehensive strategy to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce. Under this strategy, ICE is focusing its resources on the auditing and investigation of employers suspected of cultivating illegal workplaces by knowingly employing illegal workers. The initiative being launched today is a direct result of this new strategy.
-- ICE --
RAD~So it's the South East that is getting heavy audits right now...New England could be next I suppose.
Inspections are one of the most powerful tools the federal government has to enforce employment and immigration laws. This new initiative is part of ICE's increased focus on holding employers accountable for their hiring practices and efforts to ensure a legal workforce.
"ICE is committed to establishing a meaningful I-9 inspection program to promote compliance with the law. This effort is a first step in ICE's long-term strategy to address and deter illegal employment," said Raymond R. Parmer, Jr. acting special agent in charge of the ICE Office of Investigations in New Orleans.
Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual's identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual.
Due to the ongoing, law enforcement sensitive nature of these audits, the names and locations of the businesses will not be released at this time.
In 2009, ICE implemented a new, comprehensive strategy to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce. Under this strategy, ICE is focusing its resources on the auditing and investigation of employers suspected of cultivating illegal workplaces by knowingly employing illegal workers. The initiative being launched today is a direct result of this new strategy.
-- ICE --
RAD~So it's the South East that is getting heavy audits right now...New England could be next I suppose.
Thursday, February 18, 2010
Koch Foods Pays Immigration Fine - Cincinnati breaking news, weather radar, traffic from 9News | Channel 9 WCPO.com
Koch Foods Pays Immigration Fine - Cincinnati breaking news, weather radar, traffic from 9News Channel 9 WCPO.com
Koch foods the poultry processing company in Cincinnati was fined over half a million dollars resulting from an immigration raid conducted in 2007 by Immigration and Customs Enforcement (ICE) agents.
RAD ~ As I have said before, the quickest way to get comprehensive immigration reform is to create pain for the many industries that utilize immigrant workers. They are the ones who have the political clout and the economic resources to make changes happen. Immigrant workers are essential in a number of industries (if you work in these industries you know this, but it really should not surprise anyone). So doesn't it make sense for the government to find a way to allow these workers to come in legally instead of playing games.
To paraphrase Jack Nicholson's character Colonel Jessup from A Few Good Men:
You don't want the truth because deep down in places you don't talk about at parties, you want me in that poultry plant, you need me in that poultry plant.
RAD ~ As I have said before, the quickest way to get comprehensive immigration reform is to create pain for the many industries that utilize immigrant workers. They are the ones who have the political clout and the economic resources to make changes happen. Immigrant workers are essential in a number of industries (if you work in these industries you know this, but it really should not surprise anyone). So doesn't it make sense for the government to find a way to allow these workers to come in legally instead of playing games.
To paraphrase Jack Nicholson's character Colonel Jessup from A Few Good Men:
You don't want the truth because deep down in places you don't talk about at parties, you want me in that poultry plant, you need me in that poultry plant.
Thursday, December 31, 2009
KERA: Pilgrim's Pride Settles With Immigration (2009-12-30)
KERA: Pilgrim's Pride Settles With Immigration (2009-12-30)
DALLAS, TX (KERA) - A settlement has been reached between U.S. Immigration officials and Pilgrim's Pride, the East Texas poultry processor. KERA's BJ Austin reports. Pilgrim's Pride will pay four-and-a-half million dollars, and adopt more stringent hiring practices to ensure its workforce is composed of employees legally entitled to work in the U.S. In return, the U.S. Attorney's office agrees to stop its immigration-related investigations of current and former Pilgrim's Pride employees.
RAD ~ Is your company prepared to pay millions of dollars in fines for not having stringent enough hiring practices? Do you know what practices are required and yet will not make your company liable to a discrimination lawsuit?
RAD ~ Is your company prepared to pay millions of dollars in fines for not having stringent enough hiring practices? Do you know what practices are required and yet will not make your company liable to a discrimination lawsuit?
Monday, December 21, 2009
America's Secret ICE Castles - The Nation
"If you don't have enough evidence to charge someone criminally but you think he's illegal, we can make him disappear." Those chilling words were spoken by James Pendergraph, then executive director of Immigration and Customs Enforcement's (ICE) Office of State and Local Coordination, at a conference of police and sheriffs in August 2008.
RAD - read the article if for no other reason than you don't hear references to the 1978 movie "Ice Castles" everyday.
Thursday, December 3, 2009
Owner, managers and restaurant corporations sentenced for hiring illegal aliens in Mississippi
Owner, managers and restaurant corporations sentenced for hiring illegal aliens in Mississippi
Jackson, Miss. - Two corporations and their owner, along with two former managers of Stix Restaurant in Flowood, Mississippi, were sentenced for violating federal criminal immigration laws related to hiring, continuing to employ and harboring illegal aliens following a U.S. Immigration and Customs Enforcement (ICE) investigation.
U.S. District Court Judge William H. Barbour sentenced Gin Hsing Chen, aka David Chen, former owner of Stix Restaurant in Flowood, Mississippi, to 12 months in prison and one year of supervised release. Chen was also fined $72,000 and was required to forfeit $100,000 in lieu of a home he owned in Flowood that was used to house some of the illegal alien employees of Stix Restaurant.
Chen's sister, Shao Li Chen, aka Judy Chen and Judy Wong, a former manager of the local eatery, was sentenced to eight months in prison and two years of supervised release and fined $5,000 for harboring illegal aliens for the purpose of commercial advantage and private financial gain.
RAD~ For those who complain that ICE isn’t serious about enforcement – they are. Thanks to Bender’s for posting the link.
Immigration Detention System Lapses Detailed - NYTimes.com
Immigration Detention System Lapses Detailed - NYTimes.com
Growing numbers of noncitizens, including legal immigrants, are held unnecessarily and transferred heedlessly in an expensive immigration detention system that denies many of them basic fairness, a bipartisan study group and a human rights organization concluded in reports released jointly on Wednesday.
RAD~This is not news to immigration attorneys or the families of immigrants - but thanks Nina Bernstein, the Constitution Project, and Human Rights Watch for putting this system, and its flaws, in the public eye.
Growing numbers of noncitizens, including legal immigrants, are held unnecessarily and transferred heedlessly in an expensive immigration detention system that denies many of them basic fairness, a bipartisan study group and a human rights organization concluded in reports released jointly on Wednesday.
RAD~This is not news to immigration attorneys or the families of immigrants - but thanks Nina Bernstein, the Constitution Project, and Human Rights Watch for putting this system, and its flaws, in the public eye.
Friday, November 20, 2009
Immigration officials visit Vermont farms - NashuaTelegraph.com
Immigration officials visit Vermont farms - NashuaTelegraph.com
Posted using ShareThis
MONTPELIER, Vt. (AP) — The Vermont Agency of Agriculture says federal immigration officials are serving subpoenas to dairy farmers asking them to provide payroll records and employee forms.
Spokeswoman Kelly Loftus says the agency heard from four farmers on Thursday who said immigration officials had visited their farms.
The group Dairy Farmers Working Together says as many as 100 dairy farmers could be subpoenaed.
Dairy farmers in Vermont and elsewhere have turned to imported help because of the difficulty hiring people locally to do the work.
~RAD - as if New England Dairy farmers didn't have enough trouble already. I'm sure with Northern New England having its highest unemployment rate in generations they should have no trouble finding US citizens to milk the cows and muck the stalls. Right? I guess we'll find out - hope you like paying $5 a gallon for milk. Senator Leahy now would be a good time to get going on Immigration Reform before Vermont loses any more one of this signature industry.
Why you shouldn't fool around with milk production -
http://en.wikipedia.org/wiki/2008_Chinese_milk_scandal
Posted using ShareThis
MONTPELIER, Vt. (AP) — The Vermont Agency of Agriculture says federal immigration officials are serving subpoenas to dairy farmers asking them to provide payroll records and employee forms.
Spokeswoman Kelly Loftus says the agency heard from four farmers on Thursday who said immigration officials had visited their farms.
The group Dairy Farmers Working Together says as many as 100 dairy farmers could be subpoenaed.
Dairy farmers in Vermont and elsewhere have turned to imported help because of the difficulty hiring people locally to do the work.
~RAD - as if New England Dairy farmers didn't have enough trouble already. I'm sure with Northern New England having its highest unemployment rate in generations they should have no trouble finding US citizens to milk the cows and muck the stalls. Right? I guess we'll find out - hope you like paying $5 a gallon for milk. Senator Leahy now would be a good time to get going on Immigration Reform before Vermont loses any more one of this signature industry.
Why you shouldn't fool around with milk production -
http://en.wikipedia.org/wiki/2008_Chinese_milk_scandal
Thursday, November 19, 2009
1,000 NEW WORKPLACE AUDITS
ICE ASSISTANT SECRETARY JOHN MORTON ANNOUNCES 1,000 NEW WORKPLACE AUDITS TO HOLD EMPLOYERS ACCOUNTABLE FOR THEIR HIRING PRACTICES
WASHINGTON—U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John
Morton today announced the issuance of Notices of Inspection (NOIs) to 1,000 employers across the
country associated with critical infrastructure—alerting business owners that ICE will audit their
hiring records to determine compliance with employment eligibility verification laws.
“ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by
cultivating illegal workplaces,” said Assistant Secretary Morton. “We are increasing criminal and
civil enforcement of immigration-related employment laws and imposing smart, tough employer
sanctions to even the playing field for employers who play by the rules.”
The 1,000 businesses served with audit notices this week were selected for inspection as a result of
investigative leads and intelligence and because of the business’ connection to public safety and
national security—for example, privately owned critical infrastructure and key resources. The names
and locations of the businesses will not be released at this time due to the ongoing, law enforcement
sensitive nature of these audits.
WASHINGTON—U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John
Morton today announced the issuance of Notices of Inspection (NOIs) to 1,000 employers across the
country associated with critical infrastructure—alerting business owners that ICE will audit their
hiring records to determine compliance with employment eligibility verification laws.
“ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by
cultivating illegal workplaces,” said Assistant Secretary Morton. “We are increasing criminal and
civil enforcement of immigration-related employment laws and imposing smart, tough employer
sanctions to even the playing field for employers who play by the rules.”
The 1,000 businesses served with audit notices this week were selected for inspection as a result of
investigative leads and intelligence and because of the business’ connection to public safety and
national security—for example, privately owned critical infrastructure and key resources. The names
and locations of the businesses will not be released at this time due to the ongoing, law enforcement
sensitive nature of these audits.
Tuesday, November 10, 2009
1,200 janitors fired in 'quiet' immigration raid | Minnesota Public Radio NewsQ
1,200 janitors fired in 'quiet' immigration raid Minnesota Public Radio NewsQ
I think this story shows that immigration enforcement is alive and well under the Obama administration. This sort of enforcement is more effective and cost effective than the swat like raids of previous years. It is also more humane than surreptitiously whisking away parents into immigration detention while the children are still at school (as happened in the Bianco raids in Massachusetts).
Still, if this is not as emotionally disruptive to families - it is still disruptive of business. Perhaps some out of work US citizens or legal residents will end up with janitorial jobs now. But they won't stay in those jobs - and there won't be 1200 of them hired. The 1200 people who have lost their jobs will now stop contributing to the local economy. Some additional number of homes will likely now be foreclosed on. Some will leave and some will simply find other jobs (probably for lower wages in this economy).
So although this type of enforcement is much to be preferred over "cowboy justice" -- legalization and reform of our immigration and employment laws are needed to avoid prolonging this recession.
I think this story shows that immigration enforcement is alive and well under the Obama administration. This sort of enforcement is more effective and cost effective than the swat like raids of previous years. It is also more humane than surreptitiously whisking away parents into immigration detention while the children are still at school (as happened in the Bianco raids in Massachusetts).
Still, if this is not as emotionally disruptive to families - it is still disruptive of business. Perhaps some out of work US citizens or legal residents will end up with janitorial jobs now. But they won't stay in those jobs - and there won't be 1200 of them hired. The 1200 people who have lost their jobs will now stop contributing to the local economy. Some additional number of homes will likely now be foreclosed on. Some will leave and some will simply find other jobs (probably for lower wages in this economy).
So although this type of enforcement is much to be preferred over "cowboy justice" -- legalization and reform of our immigration and employment laws are needed to avoid prolonging this recession.
Friday, November 6, 2009
Wiggiblawg Exclusive! Manchester USCIS and ICE moving!
Here is some immigration news content you can't yet get anywhere else. Google it! Bing it! I dare ya. USCIS Manchester is moving and so is ICE. It may still be a little while but USCIS is moving from 803 Canal Street in Manchester to a new building in Bedford, NH. Here is a map:
View Larger Map
The new address appears as though it will be near 182 Palomino Lane in Bedford. I will take a picture of the new building when I get a chance. Immigration & Customs Enforcement (ICE) will be moving to the Norris Cotton Federal Building in Manchester. This will probably happen a while down the road...but will undoubtedly happen. I hope the Immigration Court moves an Immigration Judge and a couple of Government trial attorneys into the building as well.
Anyway the Gold's Corner Plaza can go back to being an ordinary mini-mall without the high volume of visitors to US Immigration and the Department of Motor Vehicles (which has been gone a couple of years now if I remember correctly).
View Larger Map
The new address appears as though it will be near 182 Palomino Lane in Bedford. I will take a picture of the new building when I get a chance. Immigration & Customs Enforcement (ICE) will be moving to the Norris Cotton Federal Building in Manchester. This will probably happen a while down the road...but will undoubtedly happen. I hope the Immigration Court moves an Immigration Judge and a couple of Government trial attorneys into the building as well.
Anyway the Gold's Corner Plaza can go back to being an ordinary mini-mall without the high volume of visitors to US Immigration and the Department of Motor Vehicles (which has been gone a couple of years now if I remember correctly).
Wednesday, November 4, 2009
Poultry firm fined $1.5 million after immigration raid, monitoring -- baltimoresun.com
Poultry firm fined $1.5 million after immigration raid, monitoring -- baltimoresun.com
Posted using ShareThis
Following a massive raid at the Greenville plant last year, Columbia Farms was charged with intentionally hiring illegal immigrants. A McClatchy Newspapers investigation of workplace safety in the poultry industry spurred the federal probe.
Under the agreement, the government will dismiss charges against the company if it improves its hiring practices over the next two years and submits to federal monitoring at its eight plants in the Carolinas and Louisiana.
"Our goal is not to punish corporations and force them to cut jobs, especially in these economic times," Walt Wilkins, U.S. Attorney for South Carolina, told McClatchy Newspapers. "Our goal is to make them a responsible corporate citizen. And this agreement accomplishes all of that."
The settlement stipulates that "Columbia Farms accepts responsibility for its actions associated with the employment of unauthorized workers."
House of Raeford has already begun revamping its hiring practices, Wilkins said. Over the past year, a newly hired corporate compliance officer has audited hiring procedures to ensure they conform to federal laws. "I am confident that we are seeing a true change in these companies' approach to hiring," Wilkins said.
click the link above to read the rest of the story
Posted using ShareThis
Following a massive raid at the Greenville plant last year, Columbia Farms was charged with intentionally hiring illegal immigrants. A McClatchy Newspapers investigation of workplace safety in the poultry industry spurred the federal probe.
Under the agreement, the government will dismiss charges against the company if it improves its hiring practices over the next two years and submits to federal monitoring at its eight plants in the Carolinas and Louisiana.
"Our goal is not to punish corporations and force them to cut jobs, especially in these economic times," Walt Wilkins, U.S. Attorney for South Carolina, told McClatchy Newspapers. "Our goal is to make them a responsible corporate citizen. And this agreement accomplishes all of that."
The settlement stipulates that "Columbia Farms accepts responsibility for its actions associated with the employment of unauthorized workers."
House of Raeford has already begun revamping its hiring practices, Wilkins said. Over the past year, a newly hired corporate compliance officer has audited hiring procedures to ensure they conform to federal laws. "I am confident that we are seeing a true change in these companies' approach to hiring," Wilkins said.
click the link above to read the rest of the story
Monday, October 19, 2009
New Principal Legal Advisor for ICE
I copied this story directly from the Immprof web page. My comment is this:
I want to like the new ICE PLA because he is like me a member of the two first names club. He is obviously trying to look tough in the picture (being a lead prosecutor and all) but even with the shaved head I can't help thinking that most of the takes of this photo probably had to be discarded because he couldn't keep that straight - faced stern expression.
New ICE Principal Legal Advisor: Peter S. Vincent
I believe that this news has been out there for a while but ICE has announced that Peter S. Vincent is the new principal legal advisor for U.S. Immigration and Customs Enforcement (ICE), U.S. Department of Homeland Security (DHS). Vincent graduated from the University of California at Berkeley with a bachelor of arts degree in political science and received his law degree from the University of Virginia School of Law.
Tuesday, October 6, 2009
ICE Memo on Worksite Enforcement Strategy
Here is an excerpt from the new ICE for Worksite Enforcement Strategy (from ILW.com)
II. Criminal Prosecution of Employers
The criminal prosecution of employers is a priority of ICE'S worksite enforcement (WSE) program and interior enforcement strategy. ICE is committed to targeting employers, owners, corporate managers, supervisors, and others in the management structure of a company for criminal prosecution through the use of carefully planned criminal investigations.
ICE offices should utilize the full range of reasonably available investigative methods and techniques, including but not limited to: use of confidential sources and cooperating witnesses, introduction of undercover agents, consensual and nonconsensual intercepts and Form I-9 audits.
ICE offices should consider the wide variety of criminal offenses that may be present in a worksite case. ICE offices should look for evidence of the mistreatment of workers, along with evidence of trafficking, smuggling, harboring, visa fraud, identification document fraud, money laundering, and other such criminal conduct.
Absent exigent circumstances, ICE offices should obtain indictments, criminal arrest or search warrants, or a commitment from a U.S. Attorney's Office (USAO) to prosecute the targeted employer before arresting employees for civil immigration violations at a worksite. In the absence of a timely commitment from a USAO, ICE offices should obtain guidance from ICE Headquarters prior to proceeding with a worksite enforcement operation.
II. Criminal Prosecution of Employers
The criminal prosecution of employers is a priority of ICE'S worksite enforcement (WSE) program and interior enforcement strategy. ICE is committed to targeting employers, owners, corporate managers, supervisors, and others in the management structure of a company for criminal prosecution through the use of carefully planned criminal investigations.
ICE offices should utilize the full range of reasonably available investigative methods and techniques, including but not limited to: use of confidential sources and cooperating witnesses, introduction of undercover agents, consensual and nonconsensual intercepts and Form I-9 audits.
ICE offices should consider the wide variety of criminal offenses that may be present in a worksite case. ICE offices should look for evidence of the mistreatment of workers, along with evidence of trafficking, smuggling, harboring, visa fraud, identification document fraud, money laundering, and other such criminal conduct.
Absent exigent circumstances, ICE offices should obtain indictments, criminal arrest or search warrants, or a commitment from a U.S. Attorney's Office (USAO) to prosecute the targeted employer before arresting employees for civil immigration violations at a worksite. In the absence of a timely commitment from a USAO, ICE offices should obtain guidance from ICE Headquarters prior to proceeding with a worksite enforcement operation.
Wednesday, September 23, 2009
Some Kudos for a change
I do a lot of complaining about various Department of Homeland Security agencies involved in United States Immigration. Rightly so I mostly think, but usually my complaints have to do with bureaucratic snafus and people who just don't seem to be cut out for the job life has handed them.
This week I have to say that the government has done alright by my clients and me. The people who I have dealt with at my local USCIS and ICE offices have given me the information I requested of them (as best they could) without any trouble or attitude or passing the buck. That is not unusual locally, we have fairly small DHS offices where we all pretty much know each other and generally nothing too unexpected happens.
But even some figures more far afield have given me some positive feed back. Tony Drago our New England Chapter Chairman of the American Immigration Lawyers Association passed along my question to the Field Office Directors of USCIS asking why my clients from Nashua were being sent to Lawrence for biometrics capture instead of Manchester NH. They said it shouldn't be happening and they will look into fixing it.
Now, it isn't fixed yet...but at least it is on the agenda...and that is a good thing. Thanks Tony and Karen Anne Haydon (and any others who may be working on straightening that out).
One more thing, I understand that the security officer detailed at the Manchester USCIS office is moving on to bigger and better things...good luck to you Jolly Roger!
This week I have to say that the government has done alright by my clients and me. The people who I have dealt with at my local USCIS and ICE offices have given me the information I requested of them (as best they could) without any trouble or attitude or passing the buck. That is not unusual locally, we have fairly small DHS offices where we all pretty much know each other and generally nothing too unexpected happens.
But even some figures more far afield have given me some positive feed back. Tony Drago our New England Chapter Chairman of the American Immigration Lawyers Association passed along my question to the Field Office Directors of USCIS asking why my clients from Nashua were being sent to Lawrence for biometrics capture instead of Manchester NH. They said it shouldn't be happening and they will look into fixing it.
Now, it isn't fixed yet...but at least it is on the agenda...and that is a good thing. Thanks Tony and Karen Anne Haydon (and any others who may be working on straightening that out).
One more thing, I understand that the security officer detailed at the Manchester USCIS office is moving on to bigger and better things...good luck to you Jolly Roger!
Tuesday, September 8, 2009
Now is the Time to Audit Employee I-9 Forms!
Here is a copy of an article on http://www.mainstreetbusinessjournal.com/
Immigration enforcement strategy emerges
A clearer picture is now emerging of the government's current immigration enforcement strategy against employers. The Department of Homeland Security (DHS) recently sent out 652 notices (more than the total sent out all of last year) to employers that they soon will be subject to inspection regarding their compliance with I-9 form requirements.
It might be a good time to do your own I-9 audit (the current I-9 form is still valid despite an expiration date on it of 2/02/09). Instead of raids with gun toting federal officers, employers with known undocumented workers have received notices warning them to fix the problem or face enforcement actions.
Although DHS has indicated it will drop its "no-match" regulations (now blocked by court order), which are rules issued during the Bush years regarding how employers should deal with employees whose names do not match their Social Security numbers, the Senate has signaled that it wants these rules kept in place. The Senate also has voted to make the E-Verify program permanent.
E-Verify is the federal system allowing employers to electronically verify that someone is legally authorized to work in the United States. Finally, the Obama administration has announced that effective September 8, 2009, federal procurement contractors will have to use E-Verify for all new procurement contracts.
By Michael Patrick O'Brien, Esq.
(Almost any little, technical mistake on a form I-9 can lead to a fine -- and typically there are many minor mistakes and sometimes some pretty glaring ones on these forms. Requiring too many documents to verify employment eligibility is a common mistake and there are many others. It can make good financial sense to have an audit performed and a training or refresher course given to the human resource professionals or other employees charged with maintaining the I-9 forms for your company -- before Immigration comes knocking) ...RD
Immigration enforcement strategy emerges
A clearer picture is now emerging of the government's current immigration enforcement strategy against employers. The Department of Homeland Security (DHS) recently sent out 652 notices (more than the total sent out all of last year) to employers that they soon will be subject to inspection regarding their compliance with I-9 form requirements.
It might be a good time to do your own I-9 audit (the current I-9 form is still valid despite an expiration date on it of 2/02/09). Instead of raids with gun toting federal officers, employers with known undocumented workers have received notices warning them to fix the problem or face enforcement actions.
Although DHS has indicated it will drop its "no-match" regulations (now blocked by court order), which are rules issued during the Bush years regarding how employers should deal with employees whose names do not match their Social Security numbers, the Senate has signaled that it wants these rules kept in place. The Senate also has voted to make the E-Verify program permanent.
E-Verify is the federal system allowing employers to electronically verify that someone is legally authorized to work in the United States. Finally, the Obama administration has announced that effective September 8, 2009, federal procurement contractors will have to use E-Verify for all new procurement contracts.
By Michael Patrick O'Brien, Esq.
(Almost any little, technical mistake on a form I-9 can lead to a fine -- and typically there are many minor mistakes and sometimes some pretty glaring ones on these forms. Requiring too many documents to verify employment eligibility is a common mistake and there are many others. It can make good financial sense to have an audit performed and a training or refresher course given to the human resource professionals or other employees charged with maintaining the I-9 forms for your company -- before Immigration comes knocking) ...RD
Monday, August 31, 2009
ICE Deports another US Citizen
Here is a link to a story in the Charlotte Observer (you can also see it on the BIBDaily). Sometimes you see only what you want to see. Mr. Lyttle (the "victim" in this sordid matter) did not cover himself in glory either...but it seems like doing the job correctly in this case was just a "Lyttle" too much for ICE.
http://www.charlotteobserver.com/topstories/story/917007.html
http://www.bibdaily.com/
http://www.charlotteobserver.com/topstories/story/917007.html
http://www.bibdaily.com/
Thursday, August 20, 2009
The ICE Death Roster
The fact that the Dept. Of Homeland Security couldn't account for 10 percent of the detainees that died in their custody is troubling. What is going to be more difficult is if and when we discover that a majority of the persons who died in US custody were denied or delayed medical treatment for chronic or emergent medical conditions and that their deaths were likely preventable.
from the NY Times:
What Immigration and Customs Enforcement officials call “the death roster” stands at 104 since October 2003, up from the 90 that were on the list the agency gave to Congress this spring.
The latest search for records began late last month, officials said, when Freedom of Information litigation by the American Civil Liberties Union uncovered one of the 10 deaths that had gone unreported — that of Felix Franklin Rodriguez-Torres, 36, an Ecuadorean who settled in New York and died of testicular cancer on Jan. 18, 2007, after being detained two months at an immigration jail run for profit by the Corrections Corporation of America in Eloy, Ariz.
from the NY Times:
What Immigration and Customs Enforcement officials call “the death roster” stands at 104 since October 2003, up from the 90 that were on the list the agency gave to Congress this spring.
The latest search for records began late last month, officials said, when Freedom of Information litigation by the American Civil Liberties Union uncovered one of the 10 deaths that had gone unreported — that of Felix Franklin Rodriguez-Torres, 36, an Ecuadorean who settled in New York and died of testicular cancer on Jan. 18, 2007, after being detained two months at an immigration jail run for profit by the Corrections Corporation of America in Eloy, Ariz.
Subscribe to:
Posts (Atom)
Posts
