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ICE

Worksite Enforcement Program

The New Form I-9 and the Importance of a Comprehensive Immigration Compliance Model

Presented by Adam Wilson

Human Resources Seminar U.S. Poultry & Egg Association April 22, 2009 – Myrtle Beach, S.C.

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE

Presentation

Components

Creation of DHS and ICE

Office of Investigations

Worksite Enforcement Strategy

IRCA (1986) and the Employer Challenge

Employment Compliance Strategies

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE

Creation of DHS and ICE

In response to the terrorist acts of September 11, 2001, the Homeland Security Act of 2002 created the Department of Homeland Security (DHS), combining numerous federal agencies with a mission dedicated to securing the United States.

On March 1, 2003, U.S. Immigration and Customs Enforcement (ICE) was formed as the largest investigative agency within DHS. ICE is a 21 st century law enforcement agency with global reach. ICE has five operational divisions: Investigations, Intelligence, International Affairs, Detention and Removal Operations, and the Federal Protective Service.

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE

National Security Human Trafficking Financial Crimes Narcotics Trafficking Commercial Fraud Anti-Gang Enforcement Weapons Smuggling Export Enforcement Cyber Crimes Benefit Fraud Human Rights Violations Worksite Enforcement

Office of Investigations Fiscal Year 2008

Initiated 135,380 new investigations

Made over 26,000 criminal arrests

Seized over $156 million in currency

Seized over 3,000,000 pounds of drugs

Seized nearly $635 million in contraband

Responded to over 807,000 calls for assistance

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

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Effect of a New Administration on ICE Enforcement Priorities

While policies and procedures are always subject to review, the ICE worksite enforcement national strategy has not changed with the new administration.

Taken from Whitehouse.gov:

"The time to fix our broken immigration system is now… We need stronger enforcement on the border and at the workplace… But for reform to work, we also must respond to what pulls people to America… Where we can reunite families, we should. Where we can bring in more foreign-born workers with the skills our economy needs, we should." -- Barack Obama, Statement on U.S. Senate Floor, May 23, 2007

Remove Incentives to Enter Illegally: Remove incentives to enter the country illegally by cracking down on employers who hire undocumented immigrants.

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE

Worksite Enforcement Strategy

ICE utilizes a comprehensive strategy to reduce the number of unauthorized aliens in the American workforce. This is accomplished through a unique assembly of historical expertise, powerful laws and authorities, and innovative investigative techniques.

ICE is committed to the aggressive investigation and criminal prosecution of employers who knowingly hire unauthorized aliens. ICE believes that criminal prosecution, seizure of assets, and imposition of meaningful civil penalties against violators are the most effective means of combating the unlawful employment of aliens

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE

Worksite Enforcement Strategy

Critical Infrastructure Protection

ICE prioritizes worksites, such as nuclear facilities, airports, and chemical plants, that are critical to our nation’s infrastructure. The presence of unauthorized aliens at these sites is a significant threat to national security.

Criminal Investigations ICE investigates employers who commit criminal violations, are willfully blind to the presence of unauthorized aliens in their workforce, or engage in worker exploitation.

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE

Worksite Enforcement Strategy

Compliance Inspections

ICE is charged with regulatory enforcement of the Form I-9 employment eligibility verification process. ICE has reinvigorated its compliance efforts by increasing Form I-9 inspections and revamping the administrative fine process.

Outreach and Education The ICE Mutual Agreement Between Government and Employers (IMAGE) program provides employers with solutions to hiring process challenges through outreach and education with the goal of fostering workforce integrity and compliance with the law.

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE

Consequences of Hiring Unauthorized Aliens

CRIMINAL

PROSECUTION

Felony and Misdemeanor

Imprisonment, Fines, & Forfeitures

Penalties

ADMINISTRATIVE

SANCTION

Hiring Violations $375 - $16,000

Paperwork Violations $110 - $1,100

DEBARMENT

Prohibits Federal Contracts 1-3 Years

Enacted by Executive Order on 02/13/1996

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE

Worksite

Statistical

Analysis

Fiscal Years

2002-2008

Over the last seven years, ICE has developed a comprehensive worksite enforcement strategy that includes a commitment to criminal prosecutions and the removal of unauthorized aliens from the American workforce.

6,000

5,000

4,000

3,000

2,000

1,000

0

Worksite Enforcement Arrests

5,184

Criminal Arrests Administrative Arrests 1,116 485 176 25 - FY02 FY03 FY04 -FYOS FYOG FY07
Criminal Arrests
Administrative Arrests
1,116
485
176
25
-
FY02
FY03
FY04
-FYOS
FYOG
FY07
FY08
AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE

The Immigration Reform and Control Act of 1986 (IRCA)

• For the first time, employers were required to verify the identity and employment eligibility of all persons hired for employment after November 6, 1986.

• Imposed administrative sanctions for Form I-9 hiring and verification violations.

• Made it unlawful to knowingly hire or continue to employ unauthorized aliens.

• The goal was to remove the “magnet” of employment that drives illegal immigration.

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE

New Form I-9

Effective April 3, 2009

Notable changes:

Additional attestation box in Section 1

Requires unexpired documents only

Updates the list of acceptable documents

Clarifies rules on FSM and RMI

Technical changes to language

How will ICE enforce use of the new Form I-9?

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE

New Form I-9

Creates additional attestation box in Section 1 for “A noncitizen national of the United States.”

Department of Homeland Security

.S. Citizenship and Immigration Services

Form 1-9, Emplo) ment

Eligibilit) Verification

Read insn'uctions carl'fully beforl' completing this form. Thl' instructions must be anilable dUJing completion of tbis fOHD.

ANTI-DISCRI UNATID . NOTICE: It is illegal to disCI'iminate against wOl'k-autbOl'ized individuals. Employers CAJ.~ 'OT specify which document{s) they will accept from aD employee. The refusal to hire an individual because the documents baw a future expinltion date may also constitute illegal cliscl'imination.

Sedion 1. Employee Infonnation and' er-ification (To be completed and signed by employee at the time employment begins.)

Print Name:

Last

Address (Street Name and Number)

City

State

first

I am aware that federal law proyides for imprisonment andJol' fines fol' false statements 01' USI' of false docmnl'nts in connection ,,,ith the completion of this form.

Employee's Signature

Middle Initial

Apt. #

Zip Code

Maiden Narne

Date of Birth (molltilidaylyear)

Social Seauity #

I attest, underpeualty ofpe~ury,that I am (check one of the following):

D

A citizen of the United States

D

A noncitizen national of the

nited States (see instructions)

D

A lawful petmane.ut resident (Alien Ii) ------------

D

An alien authorized to work (Alieu # or AdntisJ>ion if) until (exPiration date, if applicable - mOllthldaw'Year)

_

Date (molltlllday,year)

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE

New Form I-9

Only unexpired documents may now be accepted to satisfy the Form I-9 requirements.

LISTS OF ACCEPTABLE DOC

LIST A

[lts that Establish Both ty and Employment Authorization OR

All documents must be unexpired

LISTB

Documents that Establish Identity

ME

TS

AND

LISTC

Documents that Employment Au1

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE

Employer Challenge

ICE recognizes that while most employers want to comply with our nation’s immigration laws, their hiring policies and training may not be sufficient to ensure a lawful workforce.

• Use of counterfeit documents

• Increased use of identity theft schemes

• Complicated laws and regulations

• Multiple regulatory responsibilities

• Lack of government guidance

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE

Strategies to Enhance Immigration Compliance

ICE Mutual Agreement between Government and Employers (IMAGE)

E-Verify Program

Social Security Number Verification Service

Training

Self Assessment

Commit to a comprehensive immigration program and create a “culture of compliance” within your workforce.

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE

IMAGE

Employment

Compliance

Model

Cooperative

Relationship

E-Verify

I-9 Inspection

Employment

Compliance

Best

Employment

Practices

SSNVS

Hiring Practice Analysis

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE

Simple

Quick

Non-Burdensome

Free

E-Verify

E-Verify is an internet based system operated by DHS in cooperation with the Social Security Administration (SSA) that allows the employer to electronically verify employment eligibility of new hires.

• Cornerstone element of the IMAGE program.

• Protects jobs for authorized workers, improves the accuracy of wage and tax reporting, and helps employers maintain a legal workforce.

• Offered to U.S. employers at no cost.

• Currently the best employment eligibility verification system available.

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE

E-Verify: Fact vs. Fiction

What E-Verify is NOT:

Discriminatory in implementation.

A program with a high error rate causing lawful workers to lose jobs.

Limited by a capacity issue.

Used by ICE as an enforcement tool.

What E-Verify IS:

The only U.S. government system to verify employment eligibility.

A secure and accurate system.

A strategic tool to mitigate risk.

Required to be used by all federal contractors.

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE

E-Verify Statistics

As of January 2009, over 100,000 participating employers

6.6 million verification queries in FY 2008

96.1 % of employees are confirmed as work authorized before any mismatch notice or need for action by the employee or employer.

notice or need for action by the employee or employer. 3.5%- ployees connr ed ot 1

3.5%-

ployees

connr

ed

ot

1

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

--

,,37%- I

I

I

I

smatcltiles

later co· firmed

ICE

Social Security Number Verification System (SSNVS)

• Historically, unauthorized aliens have obtained employment by providing fraudulent social security information during the hiring process.

• SSNVS assists employers with proper wage reporting by ensuring employees’ names and social security numbers on Form W-2 wage reports match.

• IMAGE participation requires that employers utilize SSNVS and resolve any identified mismatch issues.

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE

Benefits of Immigration Compliance

National Security Contribute to national security by reducing opportunities for terrorists and criminals to gain access to our critical infrastructure worksites.

Workforce Integrity Ensure workforce stability by hiring only persons authorized to work in the U.S.

Brand Protection Promote and protect a positive corporate image with a stable, authorized workforce.

Risk Mitigation Reduce the likelihood of ICE enforcement actions or administrative sanctions.

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE

Adam Wilson National Program Manager Worksite Enforcement Unit (202) 732-3064 adam.wilson@dhs.gov

Report Suspicious Activity

1-866-DHS-2-ICE

www.ice.gov/image

Questions?

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)