ICE PowerPoint Presentation - Worksite Enforcement Program (4/22/09)
Transcript of ICE PowerPoint Presentation - Worksite Enforcement Program (4/22/09)
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ICE
Worksite Enforcement Program
The New Form I-9 and theImportance of a Comprehensive
Immigration Compliance Model
Presented by Adam Wilson
Human Resources Seminar
U.S. Poultry & Egg Association
April 22, 2009 Myrtle Beach, S.C.AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
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ICE Creation of DHS and ICE
Office of Investigations
Worksite Enforcement Strategy
IRCA (1986) and the Employer Challenge
Employment Compliance Strategies
Presentation
Components
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ICEIn response to the terrorist acts of September 11, 2001,
the Homeland Security Act of 2002 created the
Department of Homeland Security (DHS), combining
numerous federal agencies with a mission dedicated to
securing the United States.
On March 1, 2003, U.S. Immigration and Customs
Enforcement (ICE) was formed as the largest
investigative agency within DHS. ICE is a 21st century
law enforcement agency with global reach. ICE has five
operational divisions: Investigations, Intelligence,International Affairs, Detention and Removal
Operations, and the Federal Protective Service.
Creation of DHS and ICE
AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
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ICENational Security
Human Trafficking
Financial Crimes
Narcotics Trafficking
Commercial Fraud
Anti-Gang Enforcement
Weapons Smuggling
Export Enforcement
Cyber Crimes
Benefit Fraud
Human Rights Violations
Worksite Enforcement
Initiated 135,380 new investigations
Made over 26,000 criminal arrests
Seized over $156 million in currency
Seized over 3,000,000 pounds of drugs
Seized nearly $635 million in contraband
Responded to over 807,000 calls for assistance
Office of Investigations
Fiscal Year 2008
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ICE Effect of a New Administration onICE Enforcement Priorities
While policies and procedures are always subject toreview, the ICE worksite enforcement national strategyhas not changed with the new administration.
Taken from Whitehouse.gov:
"The time to fix our broken immigration system is now We need
stronger enforcement on the border and at the workplace But for
reform to work, we also must respond to what pulls people to America
Where we can reunite families, we should. Where we can bring in more
foreign-born workers with the skills our economy needs, we should." --
Barack Obama, Statement on U.S. Senate Floor, May 23, 2007
Remove Incentives to Enter Illegally: Remove incentives to enter the
country illegally by cracking down on employers who hire undocumented
immigrants.AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
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ICE Worksite Enforcement StrategyICE utilizes a comprehensive strategy to reduce the
number of unauthorized aliens in the American
workforce. This is accomplished through a unique
assembly of historical expertise, powerful laws and
authorities, and innovative investigative techniques.
ICE is committed to the aggressive investigation
and criminal prosecution of employers who
knowingly hire unauthorized aliens. ICE believes
that criminal prosecution, seizure of assets, and
imposition of meaningful civil penalties against
violators are the most effective means of combating
the unlawful employment of aliensAILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
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ICE Worksite Enforcement StrategyCritical Infrastructure Protection
ICE prioritizes worksites, such as nuclear facilities,airports, and chemical plants, that are critical to our
nations infrastructure. The presence of
unauthorized aliens at these sites is a significant
threat to national security.
Criminal Investigations
ICE investigates employers who commit criminal
violations, are willfully blind to the presence of
unauthorized aliens in their workforce, or engage in
worker exploitation.
AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
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ICE Worksite Enforcement StrategyCompliance Inspections
ICE is charged with regulatory enforcement of the
Form I-9 employment eligibility verification
process. ICE has reinvigorated its compliance
efforts by increasing Form I-9 inspections and
revamping the administrative fine process.
Outreach and Education
The ICE Mutual Agreement Between Government
and Employers (IMAGE) program providesemployers with solutions to hiring process
challenges through outreach and education with the
goal of fostering workforce integrity and
compliance with the law.AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
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ICE
Penalties
CRIMINAL
PROSECUTION
ADMINISTRATIVE
SANCTION DEBARMENT
Felony and
Misdemeanor
Hiring Violations
$375 - $16,000
Prohibits Federal
Contracts 1-3 Years
Imprisonment,
Fines, & Forfeitures
Paperwork Violations
$110 - $1,100
Enacted by Executive
Order on 02/13/1996
Consequences of Hiring
Unauthorized Aliens
AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
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ICE Over the last seven years, ICE has developed acomprehensive worksite enforcement strategy that includesa commitment to criminal prosecutions and the removal of
unauthorized aliens from the American workforce.
Worksite
Statistical
Analysis
Fiscal Years
2002-2008
5,184
Worksite EnforcementArrests
Criminal Arrests..Administrative Arrests4,000
6,000
5,000
2,0001,1161,000 485
25 1760 - Y02 FY03 FY04 FYOS FYOG FY07 FY08
3,000
AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
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ICE The Immigration Reform andControl Act of 1986 (IRCA)
For the first time, employers were required toverify the identity and employment eligibility ofall persons hired for employment afterNovember 6, 1986.
Imposed administrative sanctions for Form I-9hiring and verification violations.
Made it unlawful to knowingly hire or continue
to employ unauthorized aliens.
The goal was to remove the magnet ofemployment that drives illegal immigration.
AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
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ICE New Form I-9
Effective April 3, 2009
Notable changes: Additional attestation box in Section 1
Requires unexpired documents only Updates the list of acceptable documents
Clarifies rules on FSM and RMI
Technical changes to language
How will ICE enforce use of the new Form I-9?
AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
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ICE New Form I-9
Creates additional attestation box in Section 1 forA noncitizen national of the United States.
PrintName: Last first MiddleInitial MaidenN arne
Read insn'uctions carl'fully beforl' completing this form. Thl' instructions must be anilable dUJing completion of tbis fOHD.
Sedion 1. Employee Infonnation and ' er-ification (To be completed and signed by employee at the time employment begins.)
Form 1-9, Emplo)mentEligibilit) Verification
Date ofBirth (molltilidaylyear)
Social Seauity #ip Code
Apt. #
Date (molltlllday,year)
I attest, underpeualty o f p e ~ u r y , that I am (checkone of the following):D A citizen of the United StatesD A noncitizennational of the nitedStates (see instructions)D A lawfulpetmane.ut resident (Alien Ii) ------------D An alien authorized to work (Alieu# or AdntisJ>ion if) _until (exPiration date, if applicable - mOllthldaw'Year)
State
I am aware that federal law proyides forimprisonment andJol' fines fol' false statements 01'USI' of false docmnl'nts in connection ,,,ith thecompletion of this form.
Department ofHomeland Security.S. Citizenship and Immigration Services
Employee's Signature
ANTI-DISCRI UNATID . NOTICE: It is illegal to disCI'iminate against wOl'k-autbOl'ized individuals. Employers C A J . ~ 'OTspecify which document{s) they will accept from aD employee. The refusal to hire an individual because the documents baw afuture expinltion date may also constitute illegal cliscl'imination.
Address (StreetName andNumber)
City
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ICE New Form I-9
Only unexpired documents may now be accepted
to satisfy the Form I-9 requirements.
LISTBLISTS OF ACCEPTABLE DOC ME TSAll documents must be unexpired
LIST A[lts that Establish Bothty and EmploymentAuthorization OR
Documents that EstablishIdentity
AND
LISTCDocuments thatEmployment Au1
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ICE Employer ChallengeICE recognizes that while most employers want
to comply with our nations immigration laws,their hiring policies and training may not be
sufficient to ensure a lawful workforce.
Use of counterfeit documents
Increased use of identity theft schemes
Complicated laws and regulations
Multiple regulatory responsibilities
Lack of government guidance
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ICE Strategies to EnhanceImmigration Compliance
ICE Mutual Agreement between Government
and Employers (IMAGE)
E-Verify Program
Social Security Number Verification Service Training
Self Assessment
Commit to a comprehensive immigration
program and create a culture of compliance
within your workforce.
AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
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ICE
IMAGE
Employment
Compliance
Model
I-9 Inspection
SSNVS
Hiring Practice
Analysis
Best
Employment
Practices
E-Verify
Cooperative
Relationship
EmploymentCompliance
AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
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ICE E-Verify
Simple
Quick
Non-Burdensome
Free
Cornerstone element of the IMAGE program.
Protects jobs for authorized workers, improvesthe accuracy of wage and tax reporting, andhelps employers maintain a legal workforce.
Offered to U.S. employers at no cost.
Currently the best employment eligibilityverification system available.
E-Verify is an internet based system operated by
DHS in cooperation with the Social SecurityAdministration (SSA) that allows the employer to
electronically verify employment eligibility of new
hires.
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ICE E-Verify: Fact vs. FictionWhat E-Verify is NOT:
Discriminatory in implementation. A program with a high error rate causing lawful
workers to lose jobs.
Limited by a capacity issue.
Used by ICE as an enforcement tool.
What E-Verify IS:
The only U.S. government system to verify
employment eligibility. A secure and accurate system.
A strategic tool to mitigate risk.
Required to be used by all federal contractors.
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ICE E-Verify Statistics
96.1 % of employees are
confirmed as work
authorized before any
mismatch notice or needfor action by the employee
or employer.
As of January 2009, over 100,000 participating
employers
6.6 million verification queries in FY 2008
3.5%- ployees otconnr ed
1....-- ,,37%- I I I I smatcltileslater co firmedAILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
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ICE Social Security NumberVerification System (SSNVS)
Historically, unauthorized aliens have obtained
employment by providing fraudulent social
security information during the hiring process.
SSNVS assists employers with proper wagereporting by ensuring employees names and
social security numbers on Form W-2 wage
reports match.
IMAGE participation requires that employers
utilize SSNVS and resolve any identified
mismatch issues.
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ICE Benefits of Immigration ComplianceNational Security
Contribute to national security by reducingopportunities for terrorists and criminals to gainaccess to our critical infrastructure worksites.
Workforce Integrity
Ensure workforce stability by hiring onlypersons authorized to work in the U.S.
Brand Protection
Promote and protect a positive corporate image
with a stable, authorized workforce.
Risk Mitigation
Reduce the likelihood of ICE enforcementactions or administrative sanctions.
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ICE
Adam WilsonNational Program Manager
Worksite Enforcement Unit
(202) 732-3064
Report Suspicious Activity1-866-DHS-2-ICE
www.ice.gov/imageQuestions?
AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)