Preparing for Increased Immigration Enforcement
We know that our members are concerned about the Executive Orders coming out of the new administration, especially the possibility of workplace raids by Immigration Compliance & Enforcement (ICE). The current focus is on targeting non-citizens with serious criminal convictions and those who have failed to depart the U.S. after being ordered to do so by an Immigration Judge. However, the scope could widen.
We want to make sure that our members have resources to help them prepare for and manage those potential enforcement actions in a rapidly shifting environment. In particular, performing a self-audit on your I-9 Forms will help you determine if there are any potential liabilities, as well as ensure that you are well-organized in the event of an ICE I-9 audit.
As more becomes clear over the coming weeks, we will continue to provide additional information and keep you informed of any critical developments.
UCON recently issued a bulletin and included the following resources (login required):
Resources in the UCON Contractor Resources Library
- ICE Audits & Immigrant Worker Protection Act Overview & Guide (from Simpson, Garrity, Innes & Jacuzzi P.C.) – This guide provides California employers with advice on compliance with ICE requests in light of a California law that limits voluntarily providing access to ICE agents and also requires certain notification requirements to employees.
- ICE Site Visit QA and Checklist (from Littler) – General information about federal immigration enforcement with checklist for employers.
- Form I-9 Guidelines – General guidance on Form I-9 requirements and procedures, with links to more resources.
- Social Security Number No-Match Guidelines – Guidance on handling any no-match notifications that may come from the Social Security Administration.
Associate Member Legal Counsel
The following is contact information for attorneys who specialize in immigration issues, ranging from I-9 audit compliance review to legal representation, as well as other support and strategy related to ICE enforcement activities.
Littler
Bruce Buchanan [main contact for Immigration Practice Group]
(615) 514-4122 direct; (615) 540-3092 mobile
BBuchanan@littler.com
Simpson, Garrity, Innes & Jacuzzi
Marc Jacuzzi
(925) 322-8889
mjacuzzi@sgijlaw.com
Fisher Phillips
Fisher Phillips Employers’ Rapid Response Team
24/7 Emergency Hotline for Raids – (877) 483-7781