John Valdez’s Legal Blog

Now is definitely the right time for businesses to review their employment practices for compliance with immigration rules.  The Bush administration is bent on putting the immigration problem on the backs of employers through fines and prosecutions; hence, employers should take precautionary steps to make sure they do not become a target or victim of the stepped up enforcement efforts of the Federal government.

That the government is stepping up enforcement efforts is not debatable.  According to the Transactional Records Access Clearinghouse (TRAC), the number of federal prosecutions for immigration offenses accounted for 58% of all prosecutions for April, 2008.  There were more than three times more prosecutions for immigration cases than for drug offenses.  Moreover, immigration raids have spread to almost all industries, from meat and poultry processing plants, to hotels, to farms, to construction sites, to courthouses, to, most recently, fast food chains.   

ICE recently announced that a McDonald’s Corporation (franchisee) pleaded guilty to crimes related to illegally employing immigrants.  The corporation agreed to pay $1 million in fines.

One way a company can protect itself against liability is to review its I-9 employment verification practices.  Although the Form I-9 looks simple, many employers have trouble understanding the accompanying directions to the forms, decifering the documents that may be used to satisfy the verification rules, learning about the necessary follow-up and retention rules, and appreciating the potential liability involved with the process. 

Smith & Garg immigration attorneys are trained to help employers manage their employment practices to effectively maintain compliance with immigration rules.  If your company needs assistance, please contact us.