Compliance Stuff

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...

  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...

  The U.S. Department of Homeland Security (DHS)   has published a notice   expanding the ability of Immigration and Customs Enforcement (ICE) to remove individuals deemed unlawfully present in the United States who are unable to prove U.S. residency for at least two years. It states, “This designation is effective on 6:00 p.m. EST on Tuesday January 21, 2025.” The new DHS notice rescinds a Biden Administration notice on the same subject issued on March 21, 2022. Expedited removal is a process used by ICE to remove individuals from the United States without a hearing before an immigration judge. Traditionally, expedited removal has been used to remove individuals with outstanding removal orders issued by an immigration judge, individuals seeking admission at ports of entry who are found inadmissible, individuals unlawfully present who are found near the border shortly after arrival, and individuals who arrive by sea. The notice already faces a legal challenge. The Ameri...