Federal Law says immigration authorities can stop you for ANY reason and ask for your papers
But yet Obama continues to Bash Arizona
Why does Obama point his finger at Arizona, when he has done Nothing?
My practice is only to aliens. Friends, family and people I meet when out and always ask me whether I see many Hispanics. Immigration law is not just a matter for the millions of undocumented aliens, many millions of whom are not Hispanic.
The mistake many entrepreneurs, employers, supervisors, managers and supervisors make is to think immigration law does not affect them. Most entrepreneurs, executives, managers and supervisors never file a visa application an employee. But the mistake they make is assuming they do not have to worry about immigration laws.
Despite the focus on immigration in the news, many companies do not meet the I-9 laws in place since 1986. I-9 are required from each employer for each employee. I-9′s have time to be properly completed by both the employee and the employer, some employees need to complete their I-9′s are assessed each employer to properly maintain their I-9′s. Entrepreneurs, officers, directors, managers and key employees shall be liable personally for civil and criminal penalties for I-9 related errors.
An estimated 5 percent of the U.S. workforce is not eligible to work legally. Immigrations and Customs Enforcement (ICE) workplace arrests increased 869 percent since 2002. With Congress unable to agree on immigration law changes of the state governments under their own pressure. In 2007, 19 states agreed to a total of 33 laws relating to immigration and employment, including monitoring by employers of employees and contractors.
Why should you care? You should care because entrepreneurs, executives, managers and supervisors can be prosecuted for criminal (also known as “how good you look in an orange jumpsuit?”) Liability, in addition to company monetary penalties.
The Immigration Reform and Control Act of 1986 (“IRCA”) provides that every employer in the country is obliged to verify the identity and work authorization status of each employee of the company on an I-9 Employment Verification Form that every employee must at the date of hire or earlier. Failure to comply with IRCA I-9 rules can result in significant fines, loss of access to public and highly negative publicity for a company.
What sanctions has an employer face for I-9 violations? Employers face stiff penalties for IRCA and I-9 violations of substantial fines and exclusion from public procurement. Sanctions can be imposed for hiring unauthorized workers and simply for committing paperwork violations even if all workers are allowed to work. Fines for hiring unauthorized workers will amount to anywhere from $ 250-5500 dollars per employee, depending on the history of the offense. Employers may also be excluded from competing for contracts for one year if they knowingly hire or continue to unauthorized aliens employ. Paperwork violations can also lead to significant fines. Each mistake or missing item on a form that can result in a $ 100 penalty up to $ 1,000 for each form. A missing I-9 form would automatically be assessed at $ 1000. An employer, for example, that 100 employees had not and I-9 is formed, a $ 100,000 fine facial to finish. IRCA investigators have considerable discretion in assessing fines and will look at such factors as the size of the company, the seriousness of the violations, whether the employer is trying to comply in good faith and the pattern of previous violations.
Employers should also be cautioned that knowingly fraudulent documents from employees, or accepting them with a “constructive knowledge” to accept a different kind of offense liable to criminal prosecution, including individual criminal liability for officers, directors, managers and supervisors, including immigration laws.
Apart from the federal violations, many countries have passed or are considering passing laws that would penalize employers violating IRCA including barring such employers from state contracts and withdraw their business licenses.
You are not familiar with ICE enforcement? Read some of my favorite quotes from Julie Myers, Department of Homeland Security Assistant Secretary for Immigration and Customs Enforcement (ICE director)
One of the more active ICE special agents, Brian M. Moskowitz, strengthened his boss’ enforcement bite:
So next time you think the aliens only affects undocumented aliens, to think about whether immigration laws, you may influence your family, your neighbors and whether they have speed on the new immigration bite in the enforcement.
You can visit my I-9 website for everything you want kjnow about I-9 employment eligibility and verification, and ICE enforcment work.
