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Per an article written by Bill Leonard, Senior Writer for SHRM online (Society for Human Resource Management) dated May 4, 2009 as of April 30th Federal Agents with Immigration and Customs Enforcement (ICE) will concentrate on building cases against businesses that are suspected of hiring undocumented immigrants before they raid workplaces and round up any illegal workers.
Mary Pivec, a partner with Keller Heckman, LLP in Washington, D.C. said that “ICE’s new enforcement guidelines should be a wake-up call for employers and that businesses need to review their hiring and documentation review policies and procedures carefully.” She also said, “Employers should take any inquiry or request for information from ICE investigators very seriously. The best option is to comply fully with their requests and be willing to work with them.”
A fact sheet has been posted on the agency’s website outlining the new enforcement guidelines. The fact sheet outlines that the agency will continue to arrest and process for ejection any undocumented workers identified during worksite investigations. The key change is that their focused effort will be on prosecuting employers who willingly hire illegal workers. The prosecution could include not only business owners, but also Supervisors and Managers guilty of knowingly hiring undocumented workers.
The best course of action for employers is to ensure that they have an I-9 and legitimate supporting documentation to prove all employees are legally eligible to work in the United States.
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