Number of ICE Worksite Investigations Through May of 2018 Doubles Total From 2017

From October 1, 2017 through May 4, 2018, Immigration and Customs Enforcement (ICE) has conducted more worksite investigations than it did within the entire previous fiscal year. This fiscal year, ICE has initiated 3,510 worksite investigations and conducted 2,282 I-9 audits. During the same time, the agency has also made 594 criminal arrests and 610 administrative worksite-related arrests. Weighing these numbers against the entire 2017 fiscal year, the agency has initiated 1,794 more worksite investigations, conducted 922 more I-9 audits, made 455 more criminal arrests, and made 438 more administrative worksite-related arrests this fiscal year.

It is the responsibility of ICE to uphold the laws established by the Immigration Reform and Control Act (IRCA) of 1986. Included in these responsibilities is incentivizing businesses to adhere to the laws of IRCA through I-9 audits and civil fines. According to IRCA, it is the responsibility of employers to both verify the identity and work eligibility of all employees and keep documentation of this information using the Employment Eligibility Verification Form I-9. Audits of these records are used by ICE as a tool to increase compliance and deter and illegal employment. Upon receiving a notice of inspection alert indicating that ICE will audit a business’ hiring records, the employer has three business days to compile the company’s I-9 records. Failure to demonstrate compliance can result in civil fines for the business and will provide evidence for criminal prosecution if the employer is found to have knowingly violated the law, and all unauthorized employees are subject to administrative arrest and removal.

For more information, view the full news release.

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Thomas Homan, Director of ICE and Leading Immigration Enforcer for Trump Administration Resigns

The man in charge of the Trump administration’s efforts to increase immigration arrests and battling so-called “sanctuary cities” stepped down from his position. On April 30, Thomas Homan, who was selected by Trump to permanently head Immigration and Customs Enforcement (ICE) after serving as interim director since November of last year, announced his resignation and retirement plans. Scrutiny surrounding the legality of ICE actions during Homan’s time as director, including overly aggressive enforcement actions, continual contentiousness between ICE and cities over the role of the agency in local immigration enforcement, and undocumented immigrants being arrested without criminal records at a growing rate resulted in the delay of his Senate confirmation.

Reactions surrounding Homan’s resignation were mixed. Secretary of Homeland Security Kirstjen Nielsen lauded the former director, calling him a, “patriot.” In a statement, Nielsen praised Homan as a “public servant,” who, “made my predecessors and myself better secretaries, faithfully upholding the Constitution and executing ICE’s law enforcement mission.”

Immigration activists, on the other hand, were highly critical of the former director. Lynn Tramonte, the deportation defense coordinator for immigration rights group America’s Voice asserted that Homan, “love(d) breaking families apart.” Tramonte went on to say, “He seemed to think that the more outrageous his agents can be, the better it is to scare immigrants. That’s a policy our government embraces now,” adding, “We’re glad to see him gone.”

For more information, view the full article.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

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