Friday, May 26, 2006

CQ: Sensenbrenner on Immigration Bill

House Chairman Urges Immigration Deal Before Election

 

    House Judiciary Chairman F. James Sensenbrenner Jr. today said the House and Senate are “180 degrees apart” on an immigration overhaul but he vowed to try to reach a compromise prior to the November elections.

    The Wisconsin Republican said that despite suggestions from some colleagues that the House refuse to name conferees, a final deal will be sought because “the existing system is worse.”

    “Not to appoint conferees is simply punting,” Sensenbrenner said.

    He also said, “I think the American people are entitled to a vote on a compromise before the election.”

    The Senate bill, which was passed yesterday by 62-36, would tighten border security, create a guest worker program and put most of the estimated 12 million illegal immigrants in the country on a path to citizenship. The House bill, sponsored by Sensenbrenner, focuses on border security and interior enforcement, with no guest worker or legalization provisions.

 

Thursday, May 25, 2006

AILA: Senate Passes Comprehensive Immigration Reform!

Senate Passes Comprehensive Immigration Reform!

House Remains Obstacle to Enactment

 

WASHINGTON DC, MAY 25 – The American Immigration Lawyers Association (AILA) applauded the action of a bipartisan coalition of Senators who today voted 62 to 36 to pass a compromise version of comprehensive immigration reform.  “This historic action by the Senate creates the possibility that our 20th century immigration laws may finally be reformed to meet the needs of a 21st century America”, stated Deborah Notkin, president of the Association.

The path ahead to enact a bill that can be signed into law is fraught with dangers, as the Senate must now negotiate with the House to achieve a final “conference” bill that both bodies can pass and send to the President.  While President Bush has stated unequivocally that he favors a comprehensive approach, House leaders remain stuck in a harsh “enforcement only” mode, having passed the onerous Sensenbrenner bill, H.R. 4437 last December.  Recent statements by House leadership adamantly opposing the earned legalization and temporary workers programs contained in the Senate bill illustrate the wide divide that will have to be bridged if final legislation is to be enacted.

\

 “AILA is pleased that the Senate took such a forward-looking and comprehensive approach to fixing our broken immigration system”, stated Linda Lau , AILA Chapter Chair for the Southern California ­­­­­ Chapter.  “This legislation, if signed into law, will have a tremendously favorable impact on the businesses and families of ­­­­­­­­­­­ Southern California

 

The Senate bill contains the following important provisions, in addition to many measures that address border and interior enforcement and create a new employment verification system:

  • Path to Legal Status for Undocumented Currently in the United States
    • Undocumented in U.S. for at least 5 years prior to April 5, 2006 (estimated 6.7 million) eligible for 6 years of work authorization and path to eventual permanent legal status, upon payment of $2,000 fine, meeting English and civics requirement, passing background checks and paying taxes owed. 
      • Will get LPR status (“green card”) after current family backlogs are cleared
      • After 5 years as LPR, can apply for citizenship.
    • Undocumented in U.S. less than 5 but more than 2 years, (estimated 2.8 million) “Deferred Mandatory Departure (DMD) status, providing work authorization and eventual path to permanent status with following requirements:
      • Must leave country within 3 years, “touch base” and return
      • Can apply for readmission before departure
      • Departure requirement waived for spouses/children, or if substantial hardship on person or immediate family.

 

 

  • Family Unity and Family and Employment Visa Backlog Relief
    • Those in current family backlogs will get “green cards” before any of the currently undocumented
    • New family preference cap of 480,000, adding 260,000 new visas per year to eliminate backlogs
    • New employment-based cap of 450,000 for a 10-year period, adding 310,000 new visas per year; spouses and children of certain employment-based immigrants capped at 650,000, others may remain outside the cap
    • 30% of employment-based cap reserved for “essential” workers
    • Provisions for widows, orphans, and lower threshold for affidavits of support

 

  • High-Skilled Immigration Reforms
    • Reform of student visa rules to authorize dual intent, expand the period of OPT, and create a direct path to permanent status for certain advanced degree students
    • Increase in H-1B cap to 115,000 with market-based escalator and exemption for STEM advanced degree holders
    • Exemptions for the annual employment-based cap for STEM advanced degree holders, aliens of extraordinary ability, and outstanding professors and researchers

 

  • New Temporary Worker Program with Labor Protections and Path to Permanent Status
    • New program for 200,000 new temporary “essential” workers per year
    • 3 year visa, renewal for 3 years, with portability to work for employer of choice
    • Current undocumented who entered U.S. after January 2004 are eligible, must leave country to apply, 3/10 year bars are waived
    • Employer has to seek U.S. worker first; labor protections and market wage requirements
    • Can apply for permanent status (“green card”), within the new employment-based cap; can self-petition if worked for 4 years, otherwise employer can petition

 

  • Reforms to Agricultural Worker Program
    • Farmworkers who show that they performed at least 150 days of agricultural work in the U.S. during the 24 month period ending December 31, 2005 can get temporary resident status (“blue card”); spouse/minor kids get status too
    • To earn permanent status (“green card”), farmworkers must perform agricultural work for at least 100 work days per year for 5 years, OR perform 150 days per year for 3 years.  Participants may work outside agriculture but only if they are continuing to meet the annual agricultural work requirement. 
    • The earned legalization program has a cap of 1.5 million.
    •  The H-2A temporary foreign worker program will allow employers in the dairy industry to hire workers even when they are year-round workers.

 

  • Path to Legal Status for Undocumented High School Students (DREAM Act)
    • Students who enter U.S. before age of 16 and are present for 5 years preceding date of enactment, and who have graduated from high school (or GED), can apply for 6-year conditional status
    • Within 6 years, if  graduated from college or completed two years in a degree program, or served in Armed Forces, conditional status becomes permanent status (“green card”)

 

Tuesday, May 23, 2006

WASHINGTON POST: Immigration Bill Expected To Pass Senate This Week


Hastert May Block Version That Divides House GOP

By Charles Babington
Washington Post Staff Writer
Tuesday, May 23, 2006; A03

Backers of President Bush's bid to revamp immigration laws scored another small victory in the Senate yesterday, but they are increasingly concerned about a House Republican policy that could block final agreement even if a bipartisan majority is within reach.

Speaker J. Dennis Hastert's insistence that major legislation reach the House floor only if it appears to be backed by a "majority of the majority" could throw a high hurdle in front of efforts to reach a House-Senate compromise on immigration later this year, lawmakers said. Hastert (R-Ill.) has invoked the policy in blocking bills that appeared likely to win approval from more than half of the House's 435 members but less than half of its 231 Republicans.

That is the scenario that could emerge in the House this summer, sources say, because the immigration debate divides both parties along unusual lines. It is possible, they said, that enough House Democrats and Republicans -- but not a majority of the Republicans -- could support a version of the legislation backed by Bush and most senators to enact it into law.

But Hastert would prevent House action on such a measure under his leadership policy, spokesman Ron Bonjean said yesterday. Hastert still embraces the majority-of-a-majority rule -- first enunciated in a 2003 speech -- "and he intends to do so with any immigration bill that comes out of [a House-Senate] conference," Bonjean said.

One Republican senator, speaking on background to avoid inflaming colleagues, called the policy "a death-blow standard."

Others used more diplomatic language to express their worries. "I hope we will realize that our majority is at stake if we fail to deliver on an important issue like immigration," Sen. Lindsey O. Graham (R-S.C.) said in an interview. "If it is perceived by the public that the Republican Party -- which owns the House, the Senate and the White House -- cannot solve hard problems working with Democrats, then we will lose our majorities."

Graham backs a bipartisan immigration measure that continued its path through the Senate yesterday in a form that many believe will result in final passage this week, with Bush's blessing. The Senate voted 50 to 43 to kill an amendment by Sen. Saxby Chambliss (R-Ga.) -- a sharp critic of the bill -- that would have established a "prevailing wage" for immigrant farmworkers covered by the measure. Critics said the proposal would have led to workers toiling for less than the minimum wage.

The Senate then voted 83 to 10 to approve Bush's plan to send National Guard troops to help patrol the Mexican border. Tours of duty are limited to 21 days, and troops would be excluded from "search, seizure, arrest or similar activity" under the measure sponsored by Sen. John Ensign (R-Nev.).

Senate Majority Leader Bill Frist (R-Tenn.) filed a "cloture motion" designed to keep the bill's opponents from using endless debate to delay a vote beyond this week.

The Senate action keeps the chamber on a collision course with the House. The House in December passed an immigration bill that dealt only with provisions to toughen border and workplace enforcement. The Senate, with Bush's support, is working toward a more comprehensive bill that would include routes for some of the nation's 12 million illegal immigrants to work toward citizenship.

Senate leaders predict final passage by week's end. That would trigger a House-Senate conference committee charged with the arduous task of crafting a compromise between the two versions. No final bill can reach the president's desk unless both chambers vote for it.

That is where Hastert's policy could prove decisive, lawmakers said, because many House Republicans -- and quite possibly most of them -- oppose what they call "amnesty" for illegal immigrants. Chambliss, who spent eight years in the House, said in an interview that he could "not imagine" a majority of House Republicans supporting the measure making its way through the Senate.

A House GOP leadership aide, who spoke on background to be more candid, said Hastert and his lieutenants will not be persuaded by Bush to embrace a conference report opposed by most GOP members. "There's a feeling that no bill is better than a bill that further alienates our base and divides the [Republican] conference," the aide said.

Hastert's majority policy has drawn criticism, but he has stood by it. In November 2004 Hastert scuttled a major bill to revamp the government's intelligence operation -- even though he, Bush and most House members backed it -- because most House Republicans opposed it. Explaining his views in a little-noticed 2003 speech at the Capitol, Hastert said: "On occasion, a particular issue might excite a majority made up mostly of the minority. . . . The job of speaker is not to expedite legislation that runs counter to the wishes of the majority of his majority."

Some GOP strategists predict a bill will emerge from the House-Senate conference that will win most House Republicans' approval but will draw the opposition of most Senate Democrats and enough Republicans to kill it. Senators know the bill they are handling "is not going to survive in conference," said Charles Black, a veteran GOP adviser with close ties to the White House. A measure closer to the House version will emerge, Black predicted, "and Senate Democrats will kill the conference report. And then who killed immigration reform?"

CQ: Senate Defeats Wider Welcome for Illegal Immigrants

Senate Defeats Wider Welcome for Illegal Immigrants

 

    Standing behind the basic framework of its compromise immigration legislation, the Senate today defeated a proposal to let all illegal immigrants register with the government and eventually earn citizenship.

    The amendment, by Dianne Feinstein, D-Calif., was rejected, 37-61, keeping intact the three-tiered system proposed by Chuck Hagel, R-Neb., and Mel Martinez, R-Fla.

    Feinstein argued in vain that their approach was impractical and unenforceable.

    The Hagel-Martinez proposal would put illegals who have been in the United States more than five years on a path to eventual citizenship. Those here two to five years would have to leave briefly, obtain guest worker visas and then start working toward legal status. Anyone here less than two years would be subject to deportation.

    Feinstein predicted widespread fraud as immigrants tried to show they had been in the United States longer than they actually had. She also said it would be impossible to round up and deport millions who did not qualify for protected status.

Thursday, May 18, 2006

CQ UPDATE: Senate Reverses Course on Green Card Petitions by Guest Workers

    Reversing a decision it made only last night, the Senate today voted to allow guest workers who have worked in the United States at least four years to petition on their own for permanent resident status.
    The Senate by 56-43 adopted an amendment to immigration overhaul legislation by Edward M. Kennedy, D-Mass., that would enable temporary workers to petition on their own behalf for employment-based green cards. Kennedy said that was necessary to prevent spiteful employers from blocking any effort by the workers to win permanent residence.
    An amendment by John Cornyn, R-Texas, adopted last evening by 50-48, would have required employers to file the petitions, with documentation to show that the immigrant has a job and certification by the Secretary of Labor that there are no Americans available to fill the position.
    The Kennedy amendment preserves the requirement that the Secretary of Labor certify the need for foreign workers, and requires a petitioner to prove he is employed. But it offers ways to establish such proof without employer cooperation, such as Social Security records or IRS documents.
 

Wednesday, May 17, 2006

Congressional Quarterly UPDATE: Rove Strikes Out in Pitching Bush Immigration Plan to House GOP

    Karl Rove, President Bush’s chief political adviser, made little headway this morning with a 20-minute pep talk to House Republicans touting the president’s comprehensive immigration proposal.
    “Karl Rove had his hat handed to him,” Rep. Darrell Issa, R-Calif., said bluntly. Issa said the House last December passed an immigration bill addressing what it considers to be job No. 1 — tighter border security.
    Bush is urging a more comprehensive approach like the Senate’s bill that combines border security measures with a new guest worker program and a path to earned U.S. citizenship for many of the estimated 11 million to 12 million illegal immigrants now in the United States.
    Rep. Shelley Moore Capito, R-W.Va., said “the will of the [GOP] Conference is border security first and foremost, and it is almost a stubbornness on that point.”
    “I didn’t hear much talk of compromise,” she said.
 

Congressional Quarterly UPDATE: Senate Votes to Bar Legalization of Convicted Felons

 
    After bipartisan negotiations, the Senate today voted to make clear that convicted felons, repeat misdemeanor offenders and illegal immigrants who have ignored deportation orders will not be allowed to earn legal U.S. residence.
    The amendment to a comprehensive immigration bill offered by Jon Kyl, R-Ariz., and John Cornyn, R-Texas, was adopted by 99-0, demonstrating again the new momentum the legislation has gained.
    It was modified significantly from an earlier version that had stopped the immigration debate in its tracks last month. The new provisions would allow waivers for immigrants who can prove they never received an order to leave the country, or whose departure would cause “extreme hardship” to a parent, spouse or child who is a U.S. citizen or legal permanent resident.
    Edward M. Kennedy, D-Mass., who helped draft the compromise language, said, “We want to keep those who can harm us, the criminal element, out of the United States. And those who can benefit us, the United States, ought to be able to remain here.”

Tuesday, May 16, 2006

Congressional Quarterly: Senate Rejects Plan to Delay Legalization, Guest Worker Provisions



The Senate today rejected the first attempt to block or delay a temporary guest worker program and a path to earned citizenship for most of the 11 million to 12 million illegal immigrants in the United States. An amendment by Georgia Republican Johnny Isakson, defeated 40-55, would have required the Homeland Security Department to certify that U.S. borders are secure and new detention facilities are fully operational before the guest worker and legalization programs could take effect. Eighteen Republicans voted against the Isakson amendment, while seven Democrats voted for it. Instead, the Senate adopted, 79-16, an amendment by Colorado Democrat Ken Salazar that would authorize President Bush to trigger implementation of the guest worker and legalization provisions by certifying that they would strengthen the national security of the United States. Bush most likely would do so swiftly. In his prime time speech Monday night, he stressed the need for a comprehensive approach to immigration reform that is almost identical to the plan before the Senate.

Washington Post: On Immigration, Bush Seeks 'Middle Ground

President to Send 6,000 Guard Troops to Mexican Border

By Jim VandeHei and Jonathan Weisman
Washington Post Staff Writers
Tuesday, May 16, 2006; A01

President Bush said last night that he will dispatch 6,000 National Guard troops starting next month to help secure the porous U.S.-Mexican border, calling on a divided Congress and country to find "a rational middle ground" on immigration that includes providing millions of illegal workers a new route to citizenship.

In a rare prime-time speech from the Oval Office, Bush said the nation must move immediately to stanch the flow of illegal immigrants from its southern border by sending in the National Guard to free up U.S. Border Patrol agents in Arizona, California, New Mexico and Texas. The Guard troops will provide intelligence, surveillance and logistical assistance over the next two years -- not armed law enforcement.

"We do not yet have full control of the border, and I am determined to change that," Bush said. He also called on Congress to end the U.S. practice of releasing into the country tens of thousands of people caught illegally crossing the southern border because officials lack the jail space or legal authority to detain them or send them home. He said every foreign worker should be required to hold a high-tech, tamper-proof identification card so U.S. companies could determine whether their employees are legal.

For the first time in a public forum, Bush endorsed new procedures that would give illegal immigrants who have lived here for an extended time preferred status in obtaining citizenship. To qualify, workers would have to pay a fine and back taxes and would have to learn English and meet other requirements, he said.

The speech -- with its balance of security measures and pleas for tolerance -- comes as Bush is trying to revive his presidency and salvage an immigration deal in Congress before the midterm elections. The president's focus on border control last night was aimed at mollifying conservative Republican lawmakers and disgruntled voters, who have accused him of paying insufficient attention to tightening the border and enforcing immigration laws. Bush said his goal is to help lawmakers forge a bipartisan compromise this year to change how the United States deals with illegal immigration and the pressing need for foreign workers.

"All elements of this problem must be addressed together -- or none of them will be solved at all," he said.

With the Senate set to debate the largest overhaul of immigration laws in decades, Bush did not specifically address what many Republican lawmakers consider the most politically explosive and intractable issue confronting the country: what to do with most of the estimated 12 million illegal immigrants living in the United States today.

In conversations with lawmakers earlier in the day, White House Deputy Chief of Staff Karl Rove made it clear that Bush supports, in principle, a Senate-backed plan that would provide immigrants who have lived here for five or more years a clear path to citizenship if they pay a penalty, according to participants. Under that plan, which Rove called "intriguing," those who have been here two to five years would have to report to a border crossing, receive a temporary work visa and then apply for a green card. Those here less than two years would have to leave. But Rove made it clear the White House is open to compromise on how this tiered system would be structured, said Rep. Jack Kingston (R-Ga.), who participated in the private briefings.

Bush said: "There is a rational middle ground between granting an automatic path to citizenship for every illegal immigrant and a program of mass deportation. That middle ground recognizes that there are differences between an illegal immigrant who crossed the border recently and someone who has worked here for many years and has a home, a family and an otherwise clean record."

But the Republican-controlled House so far has been hostile to the emerging Bush plan. Conservatives in that chamber are pushing for legislation that would tighten the borders but would not allow any route to citizenship that does not require first leaving the country. House Republicans recently passed legislation to spend $2.2 billion on five double-layered border fences in California and Arizona, stretching nearly 700 miles. The House would also make felons of any undocumented worker in the country today and would make illegal any activity to support such workers, such as smuggling as well as church-based sheltering. After the speech, House Majority Leader John A. Boehner (R-Ohio) said in a statement that he remains committed to making "border security our first priority." He and many others pointedly did not praise the path-to-citizenship plan.

Bush's plan to dispatch National Guard troops is the newest twist in the debate, and one that is likely to dominate discussions over immigration reform during the next week.

Even before Bush's speech, Senate Budget Committee Chairman Judd Gregg (R-N.H.) questioned not only how the plan would work but also how it would be funded. He said it would cost at least $2 billion to deploy the additional troops and rejected the White House idea to pay for it with $1.9 billion in border security funding that the Senate passed as part of a new emergency spending bill for the wars in Iraq and Afghanistan. White House officials said it is unclear how much the program would cost.

Under the White House plan, Bush would move National Guard troops from other states to Arizona, California, New Mexico and Texas to meet each governor's specific needs. The federal government would cover the cost, but the governors would control the new troops.

The troops would serve along the border as part of their regular training deployment, which typically lasts two or three weeks, and then rotate out. This means as many as 156,000 of the nation's 400,000-plus Guard members could participate in the border-enforcement program over the next two years, when Bush plans to end Guard assistance, said Frances Fragos Townsend, Bush's homeland security adviser. These troops would fill specific assignments, such as intelligence duties, to relieve pressure on Border Patrol agents and increase law enforcement presence along the border. Some critics say the troops will have too little time to learn their duties without disrupting ongoing Border Patrol operations.

Sen. Chuck Hagel (R-Neb.) and other lawmakers have also raised concern that the Guard is already stretched too thin by deployment in Iraq and Afghanistan and should not be burdened with border security. Said Rep. Ike Skelton (D-Mo.): "We must not shift the burden from this lack of homeland security planning to our nation's military. Doing so could jeopardize the recruitment and retention of our National Guard forces."

White House officials said no more than 2 percent of the Guard will be assisting border agents at any time. "We have enough Guard forces to win the war on terror, respond to natural disasters and help secure our border," Bush said.

Arizona Gov. Janet Napolitano (D) broke ranks with neighboring governors Bill Richardson (D) of New Mexico and Arnold Schwarzenegger (R) of California in applauding the use of Guard troops on a temporary basis, an idea she said she had raised with the Pentagon months ago. But she said that step alone is not a solution without comprehensive legislation. "You've just put on a Band-Aid and not much more than that," she said.

Bush said the troops will help fill gaps until more Border Patrol agents are hired. The overall aim, said White House officials, is to help double to 18,000 the number of border agents by the time Bush leaves office.

The president also wants Congress to approve $327 million to end what some call the "catch and release" program. The money would help cover the cost of 4,000 additional beds at detention centers this year and should be paid for with money already allocated by the Senate for emergency border security measures, Townsend said.

Leaders of the National Capital Immigration Coalition who gathered to watch the speech railed against proposals that they said would divide immigrant families and fail to provide an orderly path for future immigrants to seek permanent work in the United States. They said they were especially disturbed by the prospect of thousands of Guard troops on the border, which Jaime Contreras, chairman of the coalition, said would send the message that "immigrants are the number one enemy of this country."

Bush appealed for "a reasoned and respectful tone" for the debate: "Feelings run deep on this issue -- and as we work it out, all of us need to keep some things in mind. We cannot build a unified country by inciting people to anger, or playing on anyone's fears, or exploiting the issue of immigration for political gain."

Thursday, May 11, 2006

ICE Arrests Homebuilder's Supervisors

The following is an ICE press release:
 

Office of Public Affairs U. S. Department of Homeland Security

 

May 9, 2006 ICE Public Affairs ( 202) 514- 2648 US Attorney Eastern Dist. Kentucky

( 859) 233- 2661 Ext 104

 

News Release

 

Fischer Homes supervisors charged with harboring illegal aliens in worksite enforcement investigation -- Four supervisors arrested on criminal charges and 76 illegal alien employees apprehended --

 

WASHINGTON, D. C. – Julie L. Myers, Assistant Secretary for U. S. Immigration and Customs Enforcement ( ICE), and Amul R. Thapar, United States Attorney for the Eastern District of Kentucky, today announced the arrest of four construction supervisors of Fischer Homes Inc. and 76 illegal alien workers at Fischer Homes construction sites in Kentucky. Headquartered in Kentucky, Fischer Homes is a leading builder of homes in Indiana, Kentucky, and Ohio.

 

A coordinated investigation by ICE, the IRS- Criminal Investigation Division and local law enforcement agencies resulted in the arrest this morning of the four Fischer Homes construction site supervisors pursuant to criminal complaints issued in the Eastern District of Kentucky. Those arrested are:

 

• Timothy Copsy, a Fischer Homes construction manager • Doug Witt, a Fischer Homes superintendent • William Allison, a Fischer Homes superintendent • Bill Ring, a Fischer Homes assistant superintendent

 

Each of the defendants is charged in a criminal complaint with aiding and abetting, harboring illegal aliens for commercial advantage or private financial gain. The maximum possible punishment for the crime charged is up to 10 years imprisonment, $ 250,000 or both. The defendants made their initial appearance this morning in federal court in Covington, Kentucky.

 

During the enforcement operation today, ICE agents also apprehended 76 illegal alien workers at three Fischer Homes construction sites in Hebron, Union and Florence, Kentucky.

 

" Today's case is another tough step in our targeted and aggressive enforcement of our immigration laws within the interior of the United States," said Homeland Security Secretary Michael Chertoff. " We will continue to bring criminal actions against employers who are consistently harboring illegal aliens. We will stop this type of illegal facilitation."

 

ICE Assistant Secretary Myers said, “ ICE has no tolerance for corporate supervisors who harbor illegal aliens for their workforce and deny labor opportunities for legitimate American employees. This enforcement action demonstrates how we will use all our investigative tools to bring these individuals to justice, no matter how large or small the company.”

Assistant Secretary Myers and U. S. Attorney Thapar praised the collective efforts of the local and federal community who are giving their time, expertise, and full cooperation to this ongoing effort. A criminal complaint is an accusation only and that person is presumed innocent until and unless proven guilty.

 

---------------------------------------------------------

RECENT ICE WORKSITE ENFORCEMENT CASES

 

Today’s enforcement action is the latest in ICE’s ongoing efforts to target illegal employment practices through criminal investigations, prosecutions, and asset seizures. Last fiscal year, ICE worksite investigations resulted in 127 criminal convictions and a total of 1,145 arrests, up from 46 criminal convictions and 845 arrests the previous year. Below is a sample of ICE worksite enforcement cases brought in the past month.

 

• On May 2, 2006, Robert Porcisanu, the owner of an Indiana business that performed stucco- related services at construction sites in at least seven Midwest states was charged with money laundering, harboring illegal aliens, transporting illegal aliens, and false statements in connection with an illegal employment scheme. Porcisanu faces as many as 40 years in prison. ICE is also seeking the forfeiture of $ 1.4 million. His firm was allegedly able to undercut the bids of contractors to perform work at construction sites by taking advantage of cheap labor costs from the use of illegal alien employees.

 

• On April 19, 2006, ICE agents arrested seven current and former managers of IFCO Systems North America Inc, pursuant to criminal complaints in Albany, New York, charging them with harboring illegal aliens for financial gain. ICE agents also apprehended 1,187 of the firm’s illegal alien employees during search warrants and consent searches executed at more than 40 IFCO locations nationwide. The arrests were the result of a year- long investigation of IFCO, which determined that more than half of IFCO’s employees during 2005 had invalid or mismatched Social Security numbers. IFCO is the largest pallet services company in the United States, based in Houston, Texas.

 

• On April 14, 2006, the operators of Baltimore’s best- known sushi restaurants agreed to forfeit more than $ 1 million and pleaded guilty to criminal charges of conspiracy to commit alien harboring and money laundering in connection with an illegal alien employment scheme. The investigation found that the operators of the three Kawasaki restaurants in Baltimore exploited cheap, illegal labor to maximize profits in order to purchase new homes and luxury vehicles for themselves.

 

• On April 11, 2006, a federal indictment was unsealed in Ohio charging two temporary employment agencies and nine individuals with hiring and harboring illegal aliens; mail and wire fraud; and laundering approximately $ 5.3 million. The indictment alleged that HV Connect, Inc., and TN Job Service, Inc. provided hundreds of illegal alien employees to unwitting companies in Ohio by falsely representing that they were legal. The indictment also alleged that the owners of these agencies used the profits from this scheme build a new home and purchase jewelry for themselves.

Sunday, May 07, 2006

DHS Employment Raid Shows Shift to Strict Enforcement

 The Department of Homeland Security (DHS) has changed its enforcement strategy concerning U.S. companies charged with employing unauthorized foreign workers.

 

On April 20, 2006, DHS through Immigration and Customs Enforcement Agency (ICE), conducted large-scale, 26-state concerted raids of 40 worksites of IFCO Systems North America, Inc.   IFCO is a pallet services company with its North American headquarters in Houston.

 

The report of the DHS IFCO enforcement activity coincided with DHS Secretary Michael Chertoff’s announcement concerning a comprehensive interior enforcement policy. Critics pointed out that Secretary Chertoff’s announcement and the IFCO raid occurred while the Senate continued debate on the immigration issue.  It was seen by some as a high-visibility public relations move to quell criticism of a perceived de-emphasis by DHS on employer sanctions enforcement in recent years.   Nevertheless, it caused concern with employers nation-wide because of the criminal arrests  of IFCO managers.  This strategy is a distinct department from previous ICE enforcement activities which involved civil warning and citations and fines.

 

The ICE raids were the culmination of a one-year investigation of IFCO, resulting in the arrests of U.S. managers and the apprehension of 1,187 employees alleged to be illegal employees.  In Houston, two U.S. managers were charged with conspiring to transport, harbor, and encourage undocumented workers to reside in the U.S. for commercial advantage and private financial gain.   

 

These criminal arrests are a distinct department from previous ICE enforcement activities which involved civil warning and citations and fines.

 

The following IFCO activities were alleged to have led to the massive raids:

 

  • Transporting illegal aliens to and from work;
  • Paying rent for illegal alien housing;
  • Deducting money from paychecks to pay for housing and transportation expenses;
  • Knowledge that illegal aliens were employed;
  • That approximately 53 percent of the Social Security numbers contained on the 2005 payroll were mismatches.
  • Employees were seen ripping up W2 forms.

 Employers are well-advised to conduct internal I-9 compliance audits, particularly if they have received a Social Security “mismatch” letter in the past 5 quarters. 

 

By Charles Miller (c)