As immigration reform waivers, expect more ICE visits
Story Date: 6/18/2010

 

Source:  Rita Jane Gabbett, MEATINGPLACE.COM, 6/17/10

Immigration reform has virtually no chance of passing this year, and only a slim chance of passing next year. In the meantime, meat processors can expect lots of government scrutiny of their I-9 forms, experts said on Wednesday.

In a Meatingplace - sponsored Webinar titled, "Immigration Reform: What now?" Tamar Jacoby, president and CEO of ImmigrationWorks USA, said progress on immigration reform legislation is now crippled by: lack of room on the legislative calendar, anti-incumbent sentiment, a partisan climate and the polarizing effect of an Arizona state immigration law passed in April.

Jacoby said the only realistic window between now and the 2012 elections will come in early 2011. Mark Reed, president of Border Management Strategies, said he didn't even see that opportunity as likely.

What employers can expect

Meanwhile, the experts told employers to expect U.S. Immigration and Customs Enforcement officials to be inspecting I-9 forms closely and pursuing criminal prosecution of businesses for hiring practice violations.

"Fines are back — big time," said Reed, noting ICE has moved away from the dramatic employee raids of the last administration and has instead increased its capacity to go after employers.

Attorney Greg Siskind, a partner in the immigration law firm Siskind Susser, outlined 10 suggestions for employers who hire foreign-born workers:

  1. Conduct preventative audits.
  2. Study the U.S. Citizenship and Immigration Services Handbook for Employers (Form M274) on how to complete an employment eligibility verification form (I-9).
  3. Track hiring and termination dates to purge files no longer required for retention.
  4. Centralize I-9 form responsibility to properly trained employees; don't leave it up to the hiring department to handle.
  5. Only accept original documents.
  6. Remember to deal with I-9 issues when negotiating mergers and acquisitions and other contracts.
  7. Establish an Immigration Reform and Control Act (IRCA) compliance policy.
  8. Switch to an electronic I-9 system to help complete forms accurately and quickly respond to audits.
  9. Automate a re-verification system to keep immigrant workers' status current.
  10. 0.   Learn the anti-discrimination rules to avoid requesting documents that are not legally required.

For more information and to download this and other Meatingplace Webinars, click here. 

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