Compliance Stuff

Highlights U.S. Immigration and Customs Enforcement (ICE) issued updated guidance in March that materially changes how Form I-9 violations are classified. The long-standing Form I-9 fact sheet reclassifies numerous errors that had historically been treated as correctable technical violations as substantive violations subject to monetary penalties, a change that may significantly increase exposure to fines and enforcement risk for routine Form I-9 compliance errors. Employers should act promptly to review existing Forms I-9, address deficiencies and update internal compliance practices before ICE inspections potentially expose them to avoidable penalties. U.S. Immigration and Customs Enforcement (ICE) quietly issued updated guidance in March that materially changes how Form I‑9 violations are classified. ICE revised its long-standing Form I‑9  fact sheet  to reclassify numerous errors that had historically been treated as correctable technical violations as substantive violatio...

Employers are facing a new risk related to immigration law non-compliance: incentives for immigration whistleblowers. The Department of Justice (DOJ) recently  amended the Corporate Whistleblower Awards Pilot Program (CWAPP)  to encourage individuals, including disgruntled former employees, to report suspected immigration law violations. If a tip leads to a criminal or civil forfeiture of at least $1,000,000, the whistleblower could be rewarded with up to 30% of the proceeds. This development is part of the Trump administration's effort to crack down on immigration violations. Earlier this year, the DOJ announced its objective to prioritize and aggressively prosecute immigration-related cases. Since then, the administration has limited or ended certain visa programs and directed Immigration and Customs Enforcement (ICE) to carry out workplace raids. All employers of non-citizens should take time to understand their legal obligations and limit their exposure now. About the Imm...

  The first three weeks of the new presidential administration resulted in numerous executive orders and agency actions impacting foreign nationals living and working in the United States. These actions were far-reaching, with potential impacts for employers and sponsored employees across the United States. This article discusses several of the actions that may have the most impact on employers, including updates on visa screening, potential travel restrictions, the sunset of temporary protected status (TPS) for Venezuela, and increased enforcement in sensitive locations, which include hospitals and universities. Quick Hits Visa Issuance Review:  Several orders have the potential to impact trade visa issuance, visa screening procedures, and the potential for limitations on admission to the United States.  Sunset of TPS for Venezuela:  Executive agencies are charged with reviewing humanitarian status programs, resulting in the first termination of temporary protected ...

  President Donald Trump is just 21 days into his second term in office, but you might already be struggling to keep up with the number of changes and policy shifts coming from the new administration. While new presidents are typically judged based on their actions in their first 100 days, Trump’s whirlwind first three weeks warrant taking a pause to make sure you’re caught up on all the changes impacting key workplace issues. Major policy shifts have already affected immigration, DEI programs, equal employment opportunity, labor relations, and artificial intelligence. Here’s your 21-day recap: 1. Immigration What happened?  President Trump  took swift immigration action , signing 10 executive orders relating to immigration policy on day one. Among other things, those orders  declared a national emergency at the U.S.-Mexico border ,  reinstated the "remain in Mexico" policy and terminated the asylum-related mobile app , and  designated Mexican criminal car...

  Real World Impact:  This Alert provides guidance to help employers effectively respond to a workplace raid by Immigration and Customs Enforcement (ICE) authorities.    Immigration enforcement and mass deportations are key priorities for the Trump Administration. Less than two weeks into the new administration, ICE – the subagency of the Department of Homeland Security tasked with enforcing US immigration laws – has exponentially ramped up worksite raids, arresting over 5,500 people in the first seven days of the Trump administration. An ICE raid can be a highly stressful, intimidating, and disorienting experience, so employers should have a clear crisis management plan in place to protect their rights and their employees while remaining compliant with immigration laws. This alert provides a step-by-step guide for employer to effectively respond to an ICE raid. ICE RAID RESPONSE PLAN FOR EMPLOYERS 1.  Assemble an ICE Response Team. An employer should designate...