Nearly two years after Arizona’s tough employer sanctions law went in to effect, the state is proceeding with its first civil complaint against an employer under the rule. According to the Associated Press:

County Attorney Andrew Thomas said Scottsdale Art Factory manager Michelle Hardas used a subcontractor' who was an illegal immigrant to avoid the law's requirement that employees be legal

workers.

A woman who answered the business' phone and did not identify herself said Hardas was unavailable and 'we have no comment.'

Thomas said Hardas directed the illegal immigrant, Hilario Santiago-Hernandez, to create a company called Santiago Furniture in April specifically to circumvent the law. He said sheriff's investigators have

Hardas on tape telling Santiago that she was 'trying to get around the system ... and change the rules so that I can make you be hired.'

The civil suit asks a Maricopa County Superior Court judge to suspend Scottsdale Art Factory's business license for at least 10 days, and order the custom furniture maker to fire illegal workers and

comply with state law.

Immigration and Customs Enforcement Assistant Secretary John Morton announced today that the agency will inspect the I-9 records of approximately 1000 companies around the US, dwarfing the announcement in July that nearly 600 firms were being investigated. Only 500 firms were audited in 2008. This time the employers being targeted are firms involved with "critical infrastructure" projects.

ICE also released some interesting data showing the impact of its new enforcement initiatives:

Statistics since implementation of new ICE worksite enforcement strategy on April 30:

• 45 businesses and 47 individuals debarred;
  • 0 businesses and 1 individual were debarred during same period in FY 2008.
• 142 Notices of Intent to Fine (NIF) totaling $15,865,181;
  • ICE issued 32 NIFs totaling $2,355,330 in all of FY 2008.
• 45 Final Orders totaling $798,179;
  • ICE issued eight Final Orders totaling $196,523 during the same period in FY 2008.
• 1,897 cases initiated;
  • ICE initiated 605 cases during the same period in FY 2008.
• 1,069 Form I-9 Inspections;
  • ICE initiated 503 Form I-9 Inspections in all of FY 2008.

In July, ICE issued 654 NOIs to businesses nationwide in the largest operation of its kind before today - part of ICE's effort to audit businesses suspected of using illegal labor.

Statistics resulting from the 654 audits announced in July:

• ICE agents reviewed more than 85,000 Form I-9s and identified more than 14,000 suspect documents - approximately 16 percent of the total number reviewed.
• To date, 61 NIFs have been issued, resulting in $2,310,255 in fines. In addition, 267 cases are currently being considered for Notices of Intent to Fine (NIFs).
• ICE closed 326 cases after businesses were found to be in compliance with employment laws or after businesses were served with a Warning Notice in expectation of future compliance.

DHS Secretary Napolitano held a press conference today touting a new "I E-Verify" public relations campaign to publicly praise companies that use the electronic verification system and that participate in the IMAGE system.

In the mean time, libertarian blogger Jim Harper had this warning about the new program:

If you see businesses with “I E-Verify” decorations or insignia, they at least indirectly support a national ID system in the United States. This can help you decide whether or not you want to spend your dollars with them.

The Immigration Policy Center has released a new report entitled FOCUSING ON THE SOLUTIONS -
Employment Verification: Repairing our Broken Immigration System which discusses the future of the E-Verify program. IPC makes a number of helpful recommendations including the following:

1. Comprehensive immigration reform - No mandatory E-Verify unless it is incorporated in to comprehensive reform legislation.

2. Apply to new hires only

3. Data accuracy: Every effort must be made to ensure that the data accessed by employers is accurate, continuously updated, and subject to review.

4. Documentation: The documents that workers are required to present must be documents that all U.S. citizens and legal workers will reasonably be able to obtain.

5. Worker protections: There must be rigorous oversight of the program and significant penalties for employer misuse of the program.

6. Complaint and redress procedures: If a worker is adversely affected by an employer’s misuse of the program, or because of a database error, a clear complaint process must be available so the worker can report the incident and receive redress.

7. Due-process protections: Individuals must be allowed to view their own records and contact the appropriate agency to correct any errors that exist.

8. Privacy protections: The amount of data to be collected and stored must be minimized, and penalties must be created for collecting or maintaining data not authorized in the statute. Furthermore, there must be serious penalties for use of EEVS data to commit identity fraud, unlawfully obtain employment, or for any other unauthorized purpose.

9.Resources: Sufficient resources will be necessary to implement and maintain a new or expanded EEVS, including additional personnel to handle the enormous increase in queries associated with a mandatory system.

10. Outreach: Significant community outreach and education must precede any expansion of EEVS in order to inform both employers and workers about how the system works, their rights and responsibilities under the new system, and avenues for redress in cases of error or unfair employment practices.

IPC Report on E-Verify -

Minnesota Public Radio reports

One of the largest immigration crackdowns under the Obama administration to date took place in the Twin Cities last month, when 1,200 undocumented janitors were fired from their jobs, according to immigration lawyers.

The janitors worked for ABM, a San Francisco-based contract company that cleans many downtown office towers in the Twin Cities.

The Obama administration has shifted away from the dramatic workplace raids that were a hallmark of the Bush administration's enforcement strategy. Under President Obama, the Department of Homeland Security says it is putting pressure on employers who break the law.

Just 16 out of 600 businesses audited were cited for violations. Sounds like the taxpayers' money is being well spent.

South Carolina's state Department of Labor, Licensing and Regulation has announced that it is planning on fining Pleasant Places, Inc. based on allegations that the company failed to verify the status of 24 workers at the company. The company had previously been cited and fined $4250 but had the fine dismissed after the company certified the business was in compliance with the state law.

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