05.01.09
Department Of Homeland Security Shifts Focus To Employers In Worksite Immigration Law Enforcement Actions
Effective immediately, Immigration and Customs Enforcement (ICE) is shifting its focus from the previous procedure of targeting the illegal workers first to targeting employers first for criminal prosecutions, according to the Homeland Security Worksite Enforcement Fact Sheet released April 30, 2009. The Department of Homeland Security makes note of the current disparity between individual arrests and employer arrests and makes very clear its new intent to prosecute employers before arresting employees.
The Fact Sheet notes that of the more than 6,000 arrests related to worksite enforcement in 2008, only 135 were employers. "Effective immediately" the Fact Sheet states, "Immigration and Customs Enforcement (ICE) will focus its resources in the worksite enforcement program on the criminal prosecution of employers who knowingly hire illegal workers in order to target the root cause of illegal immigration." The Fact Sheet continues, "ICE offices will… prosecute the targeted employers before arresting employees for civil immigration violations at the worksite."
We recommend that our clients confirm that their I-9 Forms and related policies and procedures are in order and ready for a government audit. Please refer any questions to our Business Immigration Practice Group.
To view a copy of the Fact Sheet, please click here.
